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Agenda Packet - EVWD Board of Directors - 04/14/2009
m. OEastValley �rl ® Water District 3654 HIGHLAND AVE., SUITE #12, HIGHLAND, CA 130ARD MEETING April 14, 2009 3:00 P.M. AGENDA -••--------------------------------------------- --- -------------- - - - -.. "In order to comply with legal requirements for posting of agenda, only those items filed with the Distract :secretary by 10:00 a.m. on Wednesday prior to the following Tuesday meeting not requiring departmental investigation, will be considered by the Board of Directors ". --------------------------------------------------------------------- CALL TO ORDER PLEDGE OF ALLEGIANCE Public Comments 2. Approval of Agenda CONSENT CALENDAR 3.i Approval of Development Agreement between East Valley Water District and Telacu Housing -San Bernardino IV, Inc. to develop certain real property consisting of a 90 -unit senior housing project located on East Highland Ave., in the City of San Bernardino, County of San Bernardino, State of California Accounts Payable Disbursements: Accounts Payable Checks #218967 through #219260 which were distributed during the period of March 26, 2009 through April 8, 2009, in the amount of $1,651,255.67 and Payroll and benefit contributions for the period ended April 8, 2009 and included checks and direct deposits, in the amount of $260,427.47. Total Disbursement for the period $1,911,683.14. General Manager's fees and expenses OLD BUSINESS 6 Discussion and possible action regarding East Highland's Ranch Home Improvement Fair Discussion and possible action regarding Assembly Bill 49, Assembly Bill 1408, and Senate Bill 261. VIEW BUSINESS 8 ^ Discussion and possible action regarding the District's Headquarters Project a. Preliminary Value Engineering report and project status update presentation b. Solar power presentation 9. Discussion and possible action regarding Board of Directors nominations for the Special District Risk Management Authority (SDRMA) 10. Discussion and possible action regarding the transfer of unclaimed funds (stale dated checks) into the District general fund 11.. Discussion and possible action regarding claim for damages at from Diane Glascom 12. Directors' fees and expenses for February 2009 and March 2009 REPORTS 13. Investment report for the quarter ended March 31, 2009 14. General Manager / Staff Reports 15. Consultant Reports 16. Committee Reports a. Legislative (Standing) b. Budget (Standing) c. Public Outreach (Standing) 17. Oral comments from Board of Directors CORRESPONDENCE 18. Letter to the District from the Highland Area Chamber of Commerce 19. better to the District from Belvedere Elementary regarding the District's poster contest MEETINGS 20. ACRIA's 2009 Spring Conference & Exhibition, Sacramento, May 19 -22, 2009 ADJOURN ----------------------------------------------------------------- Pursuant to Government Code Section 54954.2(a), any request for a disability- related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above - agendized public meeting should be directed to the District's Administrative Manager at ( 909) 885 -4900 at least 72 hours prior to said meeting. DEVELOPMENT AGREEMENT FOR WATER AND SEWER THIS AGREEMENT is made this _ day of 2009, by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT "), and TELACU Housing -San Bernardino IV, Inc.(bereinafter "the DEVELOPER "). RECITALS A. The DISTRICT is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. B. The DEVELOPER proposes to develop certain real property within the boundaries of the DISTRICT, which is located on East Highland Avenue„ in the City of San Berardino, County of San Bernardino, State of California, and is generally identified as APN No. 1191 =281- 01/1191 - 281 -02 (hereinafter "the PROPERTY). A copy of the Tentative Tract Map for the PROPERTY is attached hereto as Exhibit "A" and is incorporated herein by this reference. C. The development of the PROPERTY will consist of 90 -units senior housing; and the DEVELOPER desires that the DISTRICT provide domestic water and sewer service to the PROPERTY. The DEVELOPER intends to design and construct the facilities necessary for water and sewer service to be furnished to the PROPERTY. D. The DISTRICT supplies domestic water and sewer service within the area to be served and is the public agency empowered by law to provide such services to the PROPERTY. E. The purpose of this AGREEMENT is to provide the terms and conditions under which the DEVELOPER will design and construct the facilities necessary for the DISTRICT to supply water and sewer service to the PROPERTY (hereinafter "the PROJECT "). COVENANTS NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: MASTER Development Agreement for Water and Sewer.doc Job: W/S 2477 1 Section 1. DESIGN OF FACILITIES. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in the following manner and according to the Rules and Regulations of the DISTRICT: a. The DISTRICT agrees to provide to the DEVELOPER tentative water and sewer plans which conform to the requirements of the DISTRICT. b. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in accordance with the DISTRICT's Standards for Design and Processing of Water and Sewer Plans and the tentative plans provided by the DISTRICT. The designs shall be submitted to the DISTRICT in a complete form which shall provide sufficient information for review and approval by the DISTRICT in the exercise of its sole discretion. C. The DISTRICT may request certain changes in the plans to provide for oversizing of facilities, which DEVELOPER agrees to incorporate into the plans and specifications for the PROPERTY. d. The DEVELOPER shall furnish the DISTRICT with any and all easements necessary for the construction, operation, maintenance, and repair of any and all water and /or sewer facilities to be installed and /or used for the PROJECT. All easements shall be submitted to the DISTRICT for review and approval by the DISTRICT in the exercise of its sole discretion prior to the DISTRICT's acceptance of any dedication of the PROJECT facilities under Section 6 of this AGREEMENT. e. The DEVELOPER shall submit all plans, drawings, specifications, and contract documents, for all work to be performed pursuant to this AGREEMENT, to the DISTRICT for review and approval, if acceptable to the DISTRICT. The DISTRICT agrees to review all such documents in a timely manner and, upon inclusion of all changes thereto requested by the DISTRICT in a manner satisfactory to the DISTRICT, the DISTRICT will provide the MASTER Development Agreement for Water and Sewer.doe Job: W/S 2477 Pa DEVELOPER with authorization to proceed. The DEVELOPER shall not proceed with the construction of the PROJECT and any other water or sewer facilities for use on the PROPERTY until the DISTRICT so authorizes. Section 2. CONSTRUCTION OF FACILITIES. The DEVELOPER agrees to construct the PROJECT and all other water and sewer facilities necessary for the PROPERTY in the following manner subject to the DISTRICT's approval: a. The DEVELOPER shall obtain all necessary permits from the City of San Bernardino and all other public or private agencies required for the construction thereof. The PROJECT and the facilities appurtenant thereto shall be constructed at a location determined by the DISTRICT, and shall be relocated by the DISTRICT at the DEVELOPER's sole expense if such relocation is deemed necessary by the DISTRICT in its sole discretion. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY and all other locations where the work contemplated herein is to be performed. b. All facilities constructed pursuant to this AGREEMENT shall be in accordance with accepted standards and practices in the industry and in compliance with all local, state, and federal laws, rules, and regulations. The DEVELOPER shall be responsible for providing all labor, materials, and equipment necessary to perform the work for the PROJECT, and such work shall be performed in a timely and workmanlike manner by a party or entity acceptable to the DISTRICT. All such facilities shall conform to the DISTRICT's Standard Specifications for the Furnishing of Materials and the Construction of Water and Sewer Pipelines. All costs and liabilities in connection with the design and construction of the PROJECT shall be borne solely by the DEVELOPER. C. The DISTRICT shall inspect and approve all work to be performed under this AGREEMENT. However, any approval by the DISTRICT of such work, or of the designs, specifications, reports, and /or materials furnished hereunder, is MASTER Development Agreement for Water and Sewer.doc Job: W/ S 2477 3 understood to be conceptual approval only and will not operate to relieve the DEVELOPER or its contractors, consultants, or subcontractors of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or their own willful misconduct. Further, neither the DISTRICT's review, approval, or acceptance of any of the work or services performed in connection with this AGREEMENT shall be construed as a waiver of any rights hereunder or of any defense or cause of action which the DISTRICT may have arising out of the performance of this AGREEMENT or any previous or subsequent agreements. The DEVELOPER shall cause the facilities constructed under this AGREEMENT to be inspected as required by any and all other public or private agencies. Section 3. DEVELOPER'S COSTS. In addition to all other obligations imposed upon the DEVELOPER under this AGREEMENT, the DEVELOPER shall be responsible for the payment of all of the following: a. The DEVELOPER shall pay to the DISTRICT all, or any portion, of the connection fees for the PROPERTY at the time of application for water and sewer service therefor. The DISTRICT will provide water and sewer service only to those specific subdivision lots within the PROPERTY for which payment in full has been made to the DISTRICT. b. The DEVELOPER shall be solely responsible for the payment of all costs, fees, and expenses associated with the construction, inspection, operation, maintenance, repair, and relocation of the PROJECT, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and design of the PROJECT. C. The DEVELOPER shall comply with all rules, regulations, resolutions, and ordinances of the DISTRICT that are currently in place or may hereafter be adopted, and shall pay when due any and all fees, deposits, charges, MASTER Development Agreement for Water and Sewer.doc Job: W/S 2477 4 rates, fines, penalties, taxes, and /or assessments that may be levied by the DISTRICT. d. The DEVELOPER hereby consents, and waives any objection, to the exercise of any and all collection remedies that are available to the DISTRICT under the law upon the PROPERTY and /or the person and /or property of DEVELOPER and its shareholders and partners. Section 4. SECURITY. a. The DEVELOPER shall provide performance, completion, and /or payment bonds for the PROJECT in the minimum amount of not less than 100 percent of the estimated construction costs containing covenants, which are acceptable to the DISTRICT and the City of San Bernardino. b. The DEVELOPER shall provide a maintenance bond for the PROJECT in the amount of 100 percent of the construction cost, which shall contain covenants which are satisfactory to the DISTRICT. Such bond shall remain in force for at least twelve (12) months from the date of acceptance by the DISTRICT of the dedication of said facilities. C. The DEVELOPER shall also procure and maintain during the performance of this AGREEMENT such policies of insurance, bonds from an acceptable surety, cash deposits, escrow accounts, letters of credit, and other forms of security, in amounts and upon terms deemed sufficient by the DISTRICT in its sole discretion to protect the DISTRICT from any and all exposure to loss and /or liability. Section 5. COSTS FOR OVERSIZING. Pursuant to Section 1.c. of this AGREEMENT, the DISTRICT agrees to pay to the DEVELOPER the incremental cost of oversizing any PROJECT facilities greater than twelve inches (12 ") in diameter for water distribution pipelines and ten inches (10 ") in diameter for sewage collection pipes. The DISTRICT shall determine the amount MASTER Development Agreement for Water and Sewer.doc Job: W/S 2471 5 of the incremental cost of oversizing and the method of payment in the exercise of its sole discretion prior to its acceptance of the PROJECT facilities. Section 6. DEDICATION OF FACILITIES. a. The DEVELOPER shall, upon completion of the construction of all facilities to be installed hereunder to the satisfaction of the DISTRICT, dedicate said facilities to the DISTRICT by a deed of dedication or such other instrument as the DISTRICT may prescribe, and the DISTRICT agrees to accept the dedication thereof by formal action of its Board of Directors. Thereafter, such dedicated facilities shall become and be operated and maintained by the DISTRICT as part of the DISTRICT's water and sewer system. The DISTRICT shall not accept dedication of said water or sewer facilities until all connection fees have been paid unless otherwise allowed under Section 3.a. herein. b. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY for the purpose of installing, operating, inspecting, maintaining, and repairing all meters, valves, and other appurtenances necessary for the DISTRICT to record, regulate, and control the amount of water pumped therefrom. Section 7. SERVICE RESTRICTIONS. Any obligation on the part of the DISTRICT to supply water to the PROPERTY pursuant to the terms of this AGREEMENT shall be excused in the event that the performance thereof is interrupted for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrection, explosion, court order, natural disasters such as floods, earthquakes, landslides, and fires, and other labor disturbances and other catastrophic events which are beyond the reasonable control of the DISTRICT. Notwithstanding any other provision to the contrary, the DISTRICT may suspend or refuse water service to the PROPERTY if the DEVELOPER is in breach, default, or violation of this AGREEMENT or any rule, regulation, resolution, and /or ordinance of the DISTRICT that is currently in place or may hereafter be adopted, or if such service would adversely affect the health, safety, or welfare of MASTER Development Agreement for Water and Sewer.doc Job: W/S 2477 6 the DISTRICT's customers, or for any other reason deemed paramount by the DISTRICT in its sole discretion. Section S. NO REPRESENTATIONS. WARRANTIES, OR CLAIM OF WATER RIGHTS. The DISTRICT makes no express or implied representations or warranties concerning the quality, pressure, or temperature of any water delivered pursuant to the terms of this AGREEMENT, or the manner in which the water is provided, or its fitness for any particular purpose, and the DISTRICT shall not be held liable for any losses incurred or damages sustained as a direct or indirect result thereof, nor shall the DISTRICT be held liable for any losses incurred or damages sustained after the water furnished hereunder is transferred to the PROJECT facilities. Any water conveyed by the DISTRICT under this AGREEMENT shall not serve as the basis of, or otherwise support, any water rights claim that may be asserted by the DEVELOPER. Section 9. LIABILITY FOR DAMAGES. The DISTRICT shall not be held liable or responsible for any debts or claims that may arise from the operation of this AGREEMENT, or for any damage claims for injury to persons, including the DEVELOPER and /or its officers, directors, shareholders, guests, invitees, trespassers, agents, contractors, consultants, and employees, or for property damage, from any cause arising out of or in any way related to the PROPERTY, the PROJECT, and /or the DEVELOPER's obligations hereunder. Section 10. RELEASE. The DEVELOPER hereby expressly waives and releases the DISTRICT and its agents, officers, directors, and employees from any and all liability for the claims, actions, and /or losses set forth in Section 9 above and for any costs and expenses incurred in connection therewith. The DEVELOPER, notwithstanding the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor did not know or suspect to exist in his or her favor at the time of the executed release which if known by him or her must have materially affected his or her settlement with the debtor." MASTER Development Agreement for Water and Sewer.doc Job: W/S 2477 7 expressly waives and relinquishes all rights and benefits afforded to the DEVELOPER thereunder and under any and all similar laws of any state or territory of the United States with respect to the claims, actions, and /or losses referenced above. This AGREEMENT shall act as a release of any claims that may arise from the aforementioned whether such claims are currently known or unknown. The DEVELOPER understands and acknowledges the significance and consequences such specific waiver of Civil Code § 1542 and hereby assumes full responsibility for any injuries, damages, losses, or liability that may result from the claims identified above. This AGREEMENT shall also act as a release of any claims, actions, and /or losses set forth in Section 9 above, that may arise in the future whether such claims are currently foreseen or unforeseen. Section 11. HOLD HARMLESS. Excepting the sole or active negligence or willful misconduct of the DISTRICT, the DEVELOPER shall indemnify and hold the DISTRICT and its officers, directors, agents, and employees harmless from and against all claims and liabilities of any kind arising out of, in connection with, or resulting from, any and all acts or omissions on the part of the DEVELOPER and /or its officers, directors, shareholders, partners, assignees, guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with the PROPERTY, the PROJECT, and the performance of their obligations under this AGREEMENT, including design defects, even if occurring after the completion of the PROJECT, and defend the DISTRICT and its officers, directors, agents, and employees from any suits or actions at law or in equity for damages, and pay all court costs and counsel fees in connection therewith. In addition, the DEVELOPER agrees to defend, indemnify, and hold the DISTRICT harmless from and against all claims, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs, expenses (including, without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and accountants), and all foreseeable and unforeseeable consequential damages which might arise or be asserted against the DISTRICT and /or the DEVELOPER with regard to the PROPERTY and /or the PROJECT which are alleged and /or determined to be tortious, and /or in violation of MASTER Development Agreement for Water and Sewer.doc Job: W/S 2477 8 present and future federal, state, and local laws (whether under common law, statute, rule, regulation, or otherwise), including, but not limited to, the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and the Guidelines adopted thereunder, California Code of Regulations Section 15000 et seq., all as the same may be amended from time to time. Section 12. NOTICES. Any notice, tender, or delivery to be given hereunder by either party to the other shall be effected by personal delivery in writing or by registered or certified snail, postage, prepaid, return receipt requested, and shall be deemed communicated as of mailing or in the case of personal delivery, as of actual receipt. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this section. If to the DISTRICT: East Valley Water District 3654 Highland Ave, Suite 18 Highland, CA 92346 Attn: General Manager If to the DEVELOPER: TELACU Housing -San Bernardino IV, Inc. 5400 East Olympic Boulevard, Suite 300 Los Angeles, CA 90022 Attn: Tom F. Provencio, Treasurer Section 13. DISPUTES. Any dispute or controversy arising out of, under, or in connection with, or in relation to this AGREEMENT, and any amendments thereto, or the breach thereof, which is not resolved informally by prior mutual agreement of the parties hereto, shall be submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through 1294.2 of the Code of Civil Procedure. The parties shall pay the cost of such arbitration equally; however, the prevailing party in the arbitration shall be entitled to reimbursement of its attorney's fees and other costs incurred in connection therewith. Section 14. ATTORNEYS FEES. If a dispute arises which cannot be resolved by arbitration, regarding the breach or enforcement of the provisions of this AGREEMENT, the prevailing party therein shall be entitled to recover all attorneys fees and other costs actually incurred in connection with reaching a resolution of the dispute whether or not an action, claim, or lawsuit is MASTER Development Agreement for Water and Sewer.doc Job: W/S 2477 9 filed. In any action brought, the entitlement to recover attorney's fees and costs will be considered an element of costs and not of damages. Section 15. INUREMENT. This AGREEMENT and all provisions hereof shall be jointly and severally binding upon, and inure to the benefit of, the parties hereto, their respective heirs, successors, legal representatives, and assigns, and each of the shareholders and partners of the DEVELOPER in their individual, separate, and /or other capacities. Section 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or entity without the written consent of the parties hereto. Section 17. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, whether oral or written, between the parties in connection therewith. This AGREEMENT may not be amended unless in writing and signed by the parties hereto. Section 18. CAPTIONS. The captions of sections and subsections of this AGREEMENT are for reference only and are not to be construed in any way as a part of this AGREEMENT. Section 19. INTERPRETATION AND ENFORCEMENT. This AGREEMENT shall not be construed against the party preparing it, but shall be construed as if both parties jointly prepared this AGREEMENT and any uncertainty or ambiguity contained herein shall not be interpreted against any one party. Failure by either party to enforce any provision of this AGREEMENT, or any waiver thereof by such party, shall not constitute a waiver of said party's right to enforce subsequent violations of the same or any other terms or conditions herein. This AGREEMENT shall be enforced and governed by and under the laws of the State of California, and venue for any action brought to interpret and /or enforce any provision of this AGREEMENT shall be in a state or federal court located in the State of California that would generally have in rem jurisdiction over the PROPERTY. MASTER Development Agreement for Water and Sewer.doc Job: W/S 2477 10 Section 20. SEVERABILITY. If any portion of this AGREEMENT is declared by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this AGREEMENT shall continue in full force and effect. Section 21. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and the parties hereto agree to proceed in good faith, with due diligence, to complete all covenants and conditions set forth herein and to perform such further acts as is reasonably necessary to effectuate the purpose of this AGREEMENT. Section 22. AUTHORITY. Each individual executing this AGREEMENT on behalf of a party hereto represents and warrants that he or she is fully and duly authorized and empowered to so execute on behalf of such party, and that this AGREEMENT is binding in the manner set forth in Section 15 hereof. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers as of the date first above written. ATTEST: Secretary DISTRICT: By: East Valley Water District President, Board of Directors DEVELOPER: TVLACU H ing — San Bernardino IV, Inc. By Name: m . P ove io Title: Treasurer P.TT' STis Notarp -? lic 11 DEVELOPMENT AGREEMENT FOR WATER AND SEWER II Job: CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of _LC6 On . C)q before me, _Li kictria Q61tem' wo5 qN Public (Here insert name and title of the officer) pe rsonal ly appearedlom F Pr yencio who proved to me on the basis of satisfactory evidence to be the person(S) whose name(K) is /are-subseribed to the within instrument and acknowledged to me that he /she /they executed the same in his/hm4h4ir authorized ce pacity(ies), and that by his/herA;iok signature(Acm the instrument the person(, or the entity upon behalf of w'itich the person(alacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. A LILIANA SOLTERO WIT Maicial seal. . ILIANA 1677763 0 t N NO MY A� Gt763 MY 00". Ear. JUNE 20, 2011" Signature of Notary Public ) -4 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT k?d�a >i'YIeO)t mreex —,ni- ide or description Wanachred document) Vvao wao i cewe✓ (Title or description of attached document continued) Number of Pages _1 Document Date t oq (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Cosporate Officer I, req ,u►'e✓ (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA Y12.10.07 800- 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (te he /she /they- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document EXHIBIT "A" [Tentative Map for the PROPERTY] MASTER Development Agreement for Water and Sewer.doc Job: W/S 2477 12 1 �'f Ili; Y11 DCI ENGINEERING, INC. LAND SURVEYING & CIVIL ENGINEERING TRANSMITTAL TRANSMITTING VIA: C) U.S. MAIL a FEDERAL EXPRESS ❑ AIRBORNE EXPRESS ❑ OVERNIGHT ❑ COURIER ❑ DC! DELIVERY O OTHER COPY _ PAGE ITEM DESCRIPTION 1^ 13 Development Agreement for Water and Sewer wet signed) THE ENCLOSED ITEMS ARE FOR YOUR: C ^] ACTION ❑ USE ❑ REVIEW ❑ REVIEWlCOMMENT ❑ APPROVAL C,] DISTRIBUTION ❑ FILES ❑ PER REQUEST ❑ OTHER REMARKS: If you have any questions, please don't hesitate to call. - -- Markus Wach 1400 N. Kellogg Drive, Suite F, Anaheim, CA 92807 714.779.3828 FAX 714.779.3829 JOB NUMBER: 0636 DATE: 8- Jan -09 ATTENTION: East Valley Water District Scipio 3654 Highland Avenue, Suite 18 REGARDING: Highland, CA 92346 TELACU /San Bernardino IV 3251 East Highland Avenue TRANSMITTING VIA: C) U.S. MAIL a FEDERAL EXPRESS ❑ AIRBORNE EXPRESS ❑ OVERNIGHT ❑ COURIER ❑ DC! DELIVERY O OTHER COPY _ PAGE ITEM DESCRIPTION 1^ 13 Development Agreement for Water and Sewer wet signed) THE ENCLOSED ITEMS ARE FOR YOUR: C ^] ACTION ❑ USE ❑ REVIEW ❑ REVIEWlCOMMENT ❑ APPROVAL C,] DISTRIBUTION ❑ FILES ❑ PER REQUEST ❑ OTHER REMARKS: If you have any questions, please don't hesitate to call. - -- Markus Wach 1400 N. Kellogg Drive, Suite F, Anaheim, CA 92807 714.779.3828 FAX 714.779.3829 ... 1 8 9 12,i� Z� ,,, rA «!. 6� R i. 53 ��qg, z m x 16 p f j�o \( \ §( \rE % -j � M. o '3 to wo D v cc o "g 01 /� \/ \ )\)v 0 z \ \ \ \�� � z Cal % '3 to : ; � \�� SITE PLAN ELAL - AN ENADO V VAUV ACTCS NC SENIOR HOUSING �Z'HLAND/CENTRAL PM all �Ww \ \�l SAN BERNARDINO, CALIFORNIA /� \ © \^ /` \ \� } East Valley Dater District I.loard Memorandum From: Brian W. Tompkins / Chief Financial Officer :3;uk >jecA: Disbursements. Recommendation: Approve the attached list of accounts payable checks and payroll issued during the period March 26, 2009 through April 8, 2009. Date: APRIL 14, 2009 Rackground: Accounts payable checks are shown on the attached listing and include numbers 218967 to 219260 for A total of $1,651,255.67. The source of funds for this amount is as follows: Unrestricted Funds $1,193,660.95 Grant Funds $457,594.72 Payroll and benefit contributions paid for this period totaled $260,427.47. Total disbursements $1,911,683.14. -o j CII 0) m 0) 0) 0) m 0) m 0) 0) m 0) 0) C) )[ o 0 n n n n n n n n n n n n n n I L O o o O o O o 0 0 (O n N N N N N N N O CO r V'It M M 00 00 O O 00 00 M M O O O O CO M M M -I It I-- r N N CD 0 0 r v- r (() N N r �'- (p (O n f` W W 0 0 0 0 I� r CD (0 0 0 In tl) V V' s( Q. 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O c0 O E N U N O E O O E 0@ 0� 0 E a O a) O O <6 O C `' 0 L O a) J U O@@ J O O m O U y O O Q y O 2 y 0 O c C F d Q w Os d m U U > O O 0) 0 0) 0) 0) 0 0) 0) O) 0 O O O O O O O O O O O O O O O O O O O O O O O O O N 00 00 00 N �O N 00 N �O N 00 N 00 N 00 O O N co N �(0 N �O O N co III N O N O O O N O N 00 O O N 00 O O � co OM O� O O N Il 00 O 0 0 Oa- 00 N ON Or ON ON o(0 O N ocNO O, 0r� OIL O(0 a (0, 0 01- m h U> U� U> U> U> 0> 0>> 0Y-000 >>> 0>> 0> 0>> 0> LO LO LO n 0 m 0 m w rn (D m No No 0 o No U� v ON) n m N o Un N N a0 m r 04 o o N o Z O) O r N co V d' W !n m I') O (n N U) In O U M N(O N NCO Na_ C14 Na L O 0 0 m 0 m m 0 0 m _O m m 04 No No No No No LO LO LO n 0 m 0 m w rn (D m No No 0 o No U� v ON) n m N o Un N N a0 m r 04 o o N o 1::MuPl ' lk East Valley ; Water District Etoard Memorandum DATE: APRIL 14, 2009 From: Brian W. Tompkins / Chief Financial Officer J Subject: General Manager's Expenses. Recommendation: Approve the attached list of payments and reimbursements for General Manager expenses during the period March 26, 2009 through April 8 ,2009. Background: Business and Travel expenses incurred by the General Manager and paid during the reporting period stipulated above totaled $1835.64. A summary of theses expenses by authorized payment methods follows: American Express — R Martin 1835.64 Am_ erican Express — J Hendricksen CalCard — R Martin CalCard — J Hendricksen CalCard — E Bateman Direct Reimbursement Total 1835.64 Master Home Owners Association, Inc. 7136 Club View Drive • Highland, California 92346 • (909) 864 -0215 • Fax: (909) 864 -0416 April 2, 2009 Justine Hendricksen East Valley Water District Post Office Box 3427 San Bernardino, CA 92413 Dear Friends: I hank you for participating in the 2nd Annual East Highlands Ranch Home Improvement Fair! We are in receipt of your confirmation application and are thrilled that you will joining us for this exciting event! Enclosed please find important information regarding the fair, including booth assignments, parking, check -in, loading /unloading, etc. Also, please note that since the letters of invitation were mailed out, we have been informed of an additional requirement that must be met for all participating vendors. ALL VENDORS MUST SUBMIT ONE COPY OF A $1 MILLION LIABILITY POLICY, NAMING EAST HIGHLANDS RANCH MHOA AND MONARCH MANAGEMENT COMPANY AS ADDITIONAL INSURED. We roust have this information in our office by May 1st, 2009 or your will not be permitted to participate in the Fair. We apologize for any inconvenience this change may cause you. Please fax the insurance certificate to: "Melanie Johnson" at 909 -864 -0416 or mail it to: 7136 Club View Drive, Highland, CA 92346. If you have any questions, please feel free to contact me at: 909 - 425 -3973. Once again, thank you for your participation and I look forward to seeing you on May 16th! Sincerely, M Janie Johft n Recreation and Activities Administrator Enclosure The Monarch Group • A Division of The Management Rust • P.O. Box 13710 o Palm Desert, CA 922 55 -3 710 a (760) 776 -5100 EAST HIGHLANDS RANCH MHOA 2ND ANNUAL HOME IMPROVEMENT FAIR VENDOR INFORMATION SHEET FAIR LOCATION: East Highlands Ranch — Ranch Meadows Walking Track The Walking Track is located on Club View Drive, between Base Line and Greenspot. There will be balloons and signage on the day of the fair, so you won't miss it! Directions: From the West, take the 210 East and exit Baseline. Make a left. Go to Club View Drive (two blocks past Church Street) and make a right. Remain on Club View for several blocks. The walking track will be on your right -hand side. From the East, take the 210 West and exit Baseline. Make a right. Go to Club View Drive (two blocks past Church Street) and make a right. Remain on Club View for several blocks. The walking track will be on your right -hand side. Loading /Unloading You can set -up your booth on one (or both) of the following days /times: Friday, May 15th, 5 p.m. — 7 p.m. PROMPT! (there will be overnight staff provided!) Saturday, May 16th, 6 a.m. — 8 a.m. PROMPT! PLEASE NOTE THAT YOU MUST REMOVE YOUR VEHICLE ONCE YOUR HAVE UNLOADED YOUR ITEMS. GRASS PARKING IS NOT PERMITTED. Parkin Once you unload your vehicle, you must IMMEDIATELY park in one of the following areas: • Walking track parking lot (limited parking spaces) • Club View drive —street parking • EHR Ranch Meadows parking tot* • Arroyo Verde Elementary School" * The EHR Ranch Meadows parking lot is located on the opposite end of the Walking Track. To get there from the EHR Walking Track, exit the track onto Club View Drive and make a right. Go to Green Spot and make a right. Go to Church Street and make a right. Continue on Church for a few yards until you get to Love Street. Make a right. Continue to the open parking area. There will will be signage directing you to the Fair entrance. ** - Arroyo Verde Elementary School is located at: 7701 Church Street, Highland, CA 92346, To get there from the EHR Walking Track, exit the track onto Club View Drive and make a right. Go to Green Spot and make a right. Go to Church Street and make a right. Continue on Church street for a few yards. Arroyo Verde Elementary School will be on your right. Park your vehicle and walk the short distance to the EHR Ranch Meadows parking lot. There will be signage directing you to the Fair entrance. Please be sure to wear your exhibitors badge to gain entrance. 13ooth assignment/name badge You will receive your booth assignment and exhibitor badge(s) when you check -in at the Fair. If you check -in on Friday, please remember to bring your badge with you on Saturday. Thank you for your cooperation. Refreshments There will be a low -cost refreshment stand during the Fair. Hot dogs, soda, water, chips and candy will be sold. Raffle rizes Your raffle prizes will be collected by an EHR volunteer or staff member the day of the Fair. Please keep the item with you at your booth until it is requested. Bathrooms There will be portable restrooms available on the walking track. Additionally, vendors are allowed to utilize the private bathrooms located in the Ranch Meadows pool area. You must show your exhibitor's badge to gain entrance into the pool area. Fair !!%ette Please be courteous to all attendees. Do not begin packing up or leave until the Fair is over. It is very common for Fair attendance to increase, just before closing time. Your cooperation is very much appreciated! P?yrnents /insurance Payments nor proof of liability insurance will be accepted on the day of the Fair. All required documentation must be received in our office by May 1, 2009. Remember, you must provide EHR with a Certificate of Insurance, in the amount of $1 million, naming EHR and Monarch Management Company as additional insured. MEMORANDUM APRIL 9, 2009 TO: Dave Luker, Desert Water Agency Robert Martin, East Valley Water District Steve Cole, Newhall County Water District David Witter, El Dorado Irrigation District FROM: Bob Reeb, Reeb Government Relations, LLC SUBJECT: 2009 Water Conservation Legislation A call for the Legislature to enact water conservation legislation in 2009 was included in the Delta Vision Committee Final Delta Vision Strategic Plan released in January. The Committee identified improved water conservation — through both wise use and reuse — in both urban and agricultural sectors throughout the stage among the priorities that form the foundation for a sustainable Delta. The Board of Directors of the Association of California Water Agencies (ACWA) last month adopted a statement of principles for water conservation. ACWA supports the Governor's statewide goal to reduce per capita water use 20 percent by 2020, which translates into a statewide aggregate of 1.74 million acre - feet of additional conserved water. It is ACWA's position that a proposed 20 percent per capita water use reduction goal is an aggregate statewide goal. AC \NA believes that water conservation and water use efficiency programs "will only be successful if local water agencies, which are overseen by locally - elected officials, are responsible for designing and implementing them. Many water agencies in California face the prospect of diminishing supplies and growing demands, and they are accountable to their customers and to regulatory agencies to make locally cost - effective decisions to provide reliable water supply in a manner that protects the environment. Water conservation and water use efficiency programs are indispensable tools in meeting these goals." Water conservation and water use efficiency programs must have the flexibility to adjust to widely varying local circumstances, according to the ACWA statement. "One sire: does not fit all and a policy based on this premise will fail," the ACWA statement declares. "ACWA opposes imposition of uniform statewide water use standards or water use reduction targets. Effective water conservation and water use efficiency programs must be responsive to local circumstances, including changing water supply sources, water uses and demands, and water reliability challenges." Following the deadline for the introduction of legislation in the first year of the 2- year session in Sacramento, it has become clear that five measures have become the focus of legislators and stakeholders alike. These five are AB 49 (Feuer and Huffman), AB 300 (Caballero) [DWA, EVWD and EID already have approved positions on this bill], AB 1408 (Blumenfield), SB 261 (Dutton and Ducheny) and SB 460 (Wolk). AB 49 is sponsored by the Natural Resources Defense Council, AB 1408 is sponsored by East Bay MUD and Planning and Conservation League, SB 261 is sponsored by the Santa Ana Watershed Project Authority and SB 460 is co- sponsored by ACWA and the Solano County Water Agency. As all of these bills with the exception of AB 300 and AB 1408 were introduced as piacehoiders for more substantive, subsequent amendments. Many of your respective boards of directors approved "Watch" positions on the placeholder or "spot" bills. Now that three of the bills have been substantively amended, I wanted to present to you and your governing bodies my analysis of those three bills as well as my recommendations relating positions. I am anticipating that SB 460 will be substantively amended in the coming weeks. I am including along with this memorandum (1) copies of the three bills (although AB 49 is not in print, so all I have is a mock -up of the amendments provided by the author's office), and (2) the ACWA Water Conservation Statement of Principles. My comments relating to AB 49 are as follows: 1. The legislation provides: 10608.3 The following definitions apply to this part: (a) "Base daily per capita water use" means a daily per capita water use during a base year or base years determined by the department pursuant to subdivision (d) of Section 10608.5 that best reflects current normal water use and, to the extent feasible, is a base year of 2004 or later. (b) "Commercial water user" means a water user that provides or distributes a product or service. (1) "Daily per capita water use" means the gross water use in a calendar year divided by the average number of residents during that year divided by 365 days per year. (2) For purposes of paragraph (1), the average number of residents during that year shall be determined using federal, state, and regional population reports supplemented with local information and trend -based extrapolations. 2 This legislation is picking up where AB 2175 (Laird and Feuer) left off in 2008. It would focus the State onto daily per capita water use and would not consider exigent circumstances like the City of Palm Springs that is served by the Desert Wetter Agency, where the population numbers soar on a seasonal and holiday basis. Determining the average number of residents probably works in some urban water supplier service areas, but not others. 2. The legislation provides: (e) "Gross water use" means the total volume of treated or untreated water entering the distribution system of an urban retail water supplier and excludes agricultural water deliveries and recycled water use. The exclusion of recycled water use from the gross water use amount is a good provision, but does not offer significant offsets unless a community is dual plumbed in its residential neighborhoods. 3. This legislation provides: 10608.5 (a) The department shall, through a public participation process, by December 31, 2010, develop regional urban water use targets and interim regional urban water use targets. (b) The targets shall cumulatively result in a statewide 20 percent reduction in daily per capita water use by 2020. (c) In developing urban water use targets, the department shall: (1) Consider the high efficiency and low per capita water use levels already achieved by some urban water suppliers. (2) Consider climactic differences within the state. (3) Provide flexibility to urban water suppliers and regions in meeting the targets. (4) Define the base year or years and determine statewide base daily per capita water use. (d) The department shall, through a public participation process, by December 31, 2010, develop per capita water use calculation procedures with public input. (1) The calculation procedures shall include: (A) methods for computing base daily per capita water use for commercial, industrial, and institutional water users; (8) methods for computing current per capita water use for commercial, industrial, and institutional water users; (C) methods for computing current per capita residential water use. (2) The methods developed by the department pursuant to this section shall include methods for computation at geographic scales including urban retail water supplier, urban wholesale water supplier, regional water management group, integrated regional water management funding area, hydrologic region, or other appropriate geographic scales. (d) Per capita water use calculation procedures developed by the department shall not include non - potable recycled water in computing per capita water use. The legislation provides broad discretionary authority for the Department of Water Resources to develop regional urban use water targets and per capita water use calculations. Is it necessary or desirable for the State of California to dictate individual and community water use targets? 4. This legislation provides: 10608.6 (a). Each urban retail water supplier shall meet its interim urban water use target by December 31, 2015. (b) Each urban retail water supplier shall meet its urban water use target by December 31, 2020. A new mandate for urban water suppliers would be imposed. 5. This legislation provides: 10608.14. (a) Beginning August 1, 20 , the terms of, and eligibility for a water management grant or loan made to urban retail water suppliers and awarded or administered by the department, state board, or California Bay -Delta Authority or its successor agency shall be conditioned on the implementation of this part. (b) Beginning January 1, 20—, the terms of, and eligibility for, a water management grant or loan made to agricultural water suppliers and awarded or administered by the department, state board, or California Bay -Delta Authority or its successor agency shall be conditioned on the implementation of this part. (c) Notwithstanding subdivision (a), the department shall determine that an urban retail water supplier is eligible for a water management grant or loan even though the supplier has not met the per capita reductions required pursuant to Section 10608.6, if the urban retail water supplier has submitted to the department for approval a schedule, financing plan, and budget, to be included in the grant or loan agreement, for achieving the per capita reductions. The supplier may request grant or loan funds to achieve the per capita reductions to the extent the request is consistent with the eligibility requirements applicable to the water management funds. (d) Notwithstanding subdivision (b), the department shall determine that an agricultural water supplier is eligible for a water management grant or loan even though the supplier is not implementing all of the best management practices described in Section 10608.12, if the agricultural water supplier has submitted to the department for approval a schedule, financing plan, and budget, to be included in the grant or loan agreement, for implementation of the best management practices. The supplier may request grant or loan funds to implement the best management practices to the extent the request is consistent with the eligibility requirements applicable to the water management funds. (e) Notwithstanding subdivision (a), the department shall determine that an urban retail water supplier is eligible for a water management grant or loan even though the supplier has not met the per capita reductions required pursuant to Section 10608.6, if the urban retail water supplier has submitted to the department for approval documentation demonstrating that their entire service area qualifies as a disadvantaged community. Such provisions have become standard provisions in these mandate bills, ACWWA Position: Oppose My Recommendation: Oppose MLcornrnents relating to AB 1408 are as follows: 1. The legislation provides: (4) "Projected water demand associated with the subdivision" means the projected water demand associated with the subdivision based on physical characteristics of the subdivision, including, but not limited to, lot size and use, water using fixtures, current local ordinances, statutory and regulatory requirements, and permanently fixed extraordinary water conservation measures, as determined by the public water system. I am uncomfortable with the term "extraordinary," but I do not have a strong ;tense that the use of the term here is a problem. I would amend the paragraph to add "if any" after "measures" since not all project applicants will enter into a voluntary agreement to implement such measures. I The legislation provides: (5) "Water Conservation Mitigation Fund" means the fund used to finance conservation measures that would achieve water savings equivalent to the projected water demand associated with the subdivision, as determined by the public water system. I do not agree that the approach proposed in this legislation should only be available to achieve water savings equivalent to the projected water demand associated with the subdivision. A public water system will forgo the opportunity to reduce: the projected demand as compared to a complete offset. So, this provision should be amended after "would" to insert: reduce the projected water demand associated with the subdivision or There are other provisions in this legislation that reference 100 percent offset that would have to be amended as well. 3. The legislation provides: (b) (1) The legislative body of a city or county or the advisory agency, to the extent that it is authorized by local ordinance to approve, conditionally approve, or disapprove the tentative map, shall include as a condition in any tentative map that includes a subdivision a requirement that a sufficient water supply shall be available or that sufficient water supplies will be made available through a Water Conservation Mitigation Fund held by the public water system. The amount of funding needed for voluntary participation by the subdivision applicant in the Water Conservation Mitigation Fund shall be based on offsetting at least 100 percent of the projected water demand associated with the subdivision, as determined by the public water system . Proof of the availability of a sufficient water supply and, where applicable, participation in the Water Conservation Mitigation Fund shall be requested by the subdivision applicant or local agency, at the discretion of the local agency, and shall be based on written verification from the applicable public water system within 90 days of a request. The placement of the Water Conservation Mitigation Fund language here means that there is either sufficient water supply or sufficient water supplies will be available through conservation, as specified in this legislation. The language should not be placed into paragraph (1) of subdivision (b), but should be placed into a new subdivision (g) [with amendments to re -letter the remainder of the existing statutory provisions]. I am concerned that placement of the language into paragraph (1) of subdivision (b) would eliminate other approaches to satisfying the requirement that a sufficient water supply be available. For example, the securing of water by contract or entitlement as referenced in Section 66014 of the Government Code (SB 699, Chapter _, Statutes of __J should remain an option under subdivision (f) of Section 66473.7 under existing law. See also subparagraph (D) of paragraph (2) of subdivision (a) of Section 66473.7 under existing law. 4. The legislation provides: (5) The public water system shall include in the written verification of its assessment of the projected demand associated with the subdivision its ability or inability to provide a sufficient water supply. If the public water system bases its assessment of the projected water demand associated with the subdivision on inclusion of permanently fixed extraordinary water conservation measures, the assessment shall be conditioned with appropriate measures to ensure that the extraordinary water conservation measures will be retained and that actual long- 0 term water demand associated with the subdivision will be consistent with the water demand projection. The conditions shall include adoption of legally enforceable mechanisms, such as inclusion in covenants, conditions, and restrictions. Water savings and demand projections associated with permanently fixed extraordinary water conservation measures may be calculated using the water savings projections adopted by the California Urban Water Conservation Council. Water savings and demand projections for measures for which the California Urban Water Conservation Council does not have adopted findings shall be based on substantial evidence in the record. I believe the first sentence is redundant, and therefore unnecessary. S. The legislation provides: (q) For purposes of a Water Conservation Mitigation Fund held by a public water system, the public water system shall be required to expend all funds from the Water Conservation Mitigation Fund on water conservation measures that will offset at least 100 percent of the projected demand associated with the subdivision. The expenditures may be made within the subdivision or elsewhere within the service area of the public water supplier, at its discretion. I like this provision for its simplicity and for the discretion it provides to a local agency, which is wholly appropriate. Unfortunately, what this legislation giveth, taketh away in paragraphs (1), (3) and (4) of this subdivision. 6. The legislation provides: (q) (1) Not less than _percent of the proceeds from the Water Conservation Mitigation Fund shall be directed to water conservation programs in any disadvantaged community, as defined in Section 75005 of the Public Resources Code, within the service area of the public water system. (2) The public water system shall be prohibited from using any funds from the Water Conservation Mitigation Fund to supplant funding for water conservation programs required by existing law or paid for by existing customers through water rates and surcharges. (3) The public water system shall be prohibited from using any funds from the Water Conservation Mitigation Fund to comply with requirements of the California Urban Water Conservation Council Memorandum of Understanding, except where funds are directed to disadvantaged communities. (4) The governing body of a public water system shall determine, after a public hearing, that the funds deposited in the Water Conservation Mitigation Fund do not supplant funds for water conservation programs required by existing law, paid for by existing customers through water rates and surcharges, or that are required for participation in the California Urban Water Conservation Council. I recommend that paragraphs (1), (3) and (4) be deleted from this legislation. It is appropriate to specify that the money on the mitigation fund cannot be used to supplant existing programs or relieve existing customers from paying their proportional share of water conservation programs. Therefore, paragraph (2) should remain with some minor tweaks; e.g., instead of "The public water system shall be prohibited" use "The public water system shall not expend..." 7. The legislation provides: (5) Actions for which the public water supplier may use water conservation mitigation funding must be quantifiable, verifiable, have a planned completion date that is concurrent with when the buildings within the subdivision will require service, and have a life expectancy of at least 20 years. These actions include all of the following: (A) High - efficiency toilet replacements. (8) Faucet aerators. (C) Prerinse spray valves. (D) High- efficiency washing machines. (E) Weather -based "smart" timers. (F) Rotator spray heads. (G) Cash for grass programs. (H) Landscape rebates. (l) Single- family high water use notifications. (J) Home -leak detection kits. (K) Water brooms. (L) High - efficiency commercial dishwashers. (M) Cooling tower conductivity controllers. (N) X -ray film processor recirculation systems. (0) Connectionless food steamers. (P) Steam sterilizers. (Q) Dry vacuum pumps. (R) Commercial ice machine. (S) School toilet leak detection. (T) Water recycling. (U) Advanced (automated) metering systems. (V) Stormwater capture, graywater systems, and groundwater treatment. (lM Other water efficiency measures for which substantial evidence demonstrates the measure will achieve a quantifiable reduction in demand. I would eliminate the list of actions since most of the items fail the 20 -year measure life test, according to the California Urban Water Conservation Council (See BMP for residential, CII and landscape). Placing the list here invites problems and confusion. Also, I continue to question whether stormwater capture should ever be on a list under the written verification and water supply assessment laws as the definition of a sufficient water supply includes single -dry and multiple -dry water years when rainwater or stormwater systems will be unable to meet the anticipated production of an average water year. S. The legislation provides: (t) Pursuant to Part 2.6 (commencing with Section 10610) of Division 6 of the Water Code, the public water system shall do all of the following: (1) Document all expenditures from the water conservation mitigation funding, if the public water system holds a Water Conservation Mitigation Fund, in its Urban Water Management Plan and confirm that the water conservation mitigation funding was not used to supplant funding for water conservation programs required by existing law, paid for by existing customers through water rates and surcharges, or that are required for participation in the California Urban Water Conservation Council. (2) Document the measured annual water use of each subdivision pursuant to this section. (3) Calculate the water savings attributable to the water conservation measures financed by the water conservation mitigation funding from each subdivision. (4) In the event that the calculated water savings in subdivision (q) do not equal or exceed the measured water demand in subdivision (b) over a five -year period, the public water system shall include in its Urban Water Management Plan a schedule of actions designed to achieve the savings necessary to offset 100 percent of the actual demand of the subdivision. First, the Urban Water Management Plan is not the appropriate document in which to document expenditures and make compliance determinations. This legislation should follow the provisions of subdivision (c) of Section 66013 of the Government Code. The latter was written by me while at ACWA in cooperation with CBIA. It governs the handling of capacity charges by requiring a separate fund and reporting requirements in the annual financial statement of the public water system. Second, the requirement in paragraph (2) will not be possible for a public water supplier that does not yet meter residential water use. Third, the calculation of water savings in paragraph (3) does not belong here because it is part of the calculation that a public water supplier will undertake in determining whether the "permanently fixed extraordinary water conservation measures" to be incorporated into the proposed subdivision will be sufficient to offset the desired percentage of the projected demand. E Finally, I do not agree with the provisions of paragraph (4). The timeline for the water savings calculation is 20 years —not five years or a subsequent 5 -year period. This requirement would be onerous and burdensome for a public water system to implement. It might even be impossible; e.g., what if population dynamics shift and population density increases —how will a public water system be able to differentiate between the effects of "permanently fixed extraordinary water conservation measures" in a residential setting and a change in the number of persons in a household (or the effect of a child growing into a teenager and taking longer showers ?) Likewise, commercial enterprises will not remain static. The addition of a green dry cleaning establishment or a microbrewery could dramatically affect the CII measurement. I would recommend that paragraph (4) be deleted from the bill and that the sponsors rely on the Urban Water Management Plan and future written verification and water supply assessment exercises to track the ability of a public water system to satisfy projected demand. ACWA Position: Favor if amended My Recommendation: Oppose unless amended My comments relating to SIB 261 are as follows: 1. The legislation provides: (1) (1) Each urban water supplier or, upon resolution of its governing board submitted to the department, each regional water management group acting on behalf of the urban water suppliers within the group's boundaries, shall develop and implement a plan that will accomplish one or more of the following: (A) Reduce single - family residential per capita potable water use by 20 percent as compared to water use in 2000. (B) Reduce total residential potable water use by a total of 20 percent as compared to the 2020 projection in the agency's 2005 urban water management plan, which reduction shall include water conservation measures included in the 2005 urban water management plan. (C) Achieve extraordinary water use efficiency, as defined in subdivision (c) of Section 10672. (2) The plan shall include interim milestones for each even- numbered year for progress towards achieving the 2020 target. (3) Each reporting agency shall report its progress towards the 2020 water use efficiency target as part of the annual submission of data pursuant to Section 10671 and in its urban water management plan. (4) Each reporting agency may evaluate progress in implementing the plan by using the metrics it deems most appropriate for its circumstances. 10 These approach set forth in these provisions are similar to the approach taken in AS 2175 (Laird and Feuer) in 2008; i.e., each urban water supplier must develop and implement a plan to reduce single family residential per capita potable water USE! by 2020 or reduce total residential potable water use by a total of 20 percent as compared to the 2020 projection in the agency's 2005 urban water management plan. Commercial, industrial and institutional water use would be dealt with separately. This legislation would authorize a regional water management group to develop and implement a plan that would be binding on the individual suppliers. [NOTE: A regional water management group, if it is formed pursuant to the Integrated Regional Water Management Planning Act (SB1xx, Perata, 2008), must be approved by the Department of Water Resources prior to applying for funding from the State of California for any programs or projects contained in an integrated regional water management plan]. This legislation would further mandate that a plan must include interim milestones for each even - numbered year for progress towards achieving the 2020 target and progress must be reported to the State. 2. This legislation provides: (m) (1) Each urban water supplier or, upon resolution of its governing board submitted to the department, each regional water management group acting on behalf of the urban water suppliers within the group's boundaries, shall develop and implement a plan to achieve a sustainable level of water use by 2030, as defined in Section 10670. (2) The plan shall include interim milestones for each even - numbered year for progress towards achieving the 2030 target. (3) Each reporting agency shall report its progress towards the water use efficiency target as part of the annual submission of data pursuant to Section 10671 and in its urban water management plan. (4) Each reporting agency may evaluate progress in implementing the plan by using the metrics it deems most appropriate for its circumstances. In addition to the plan to achieve the 20 percent conservation target, each urban water supplier would have to develop and implement a plan to achieve a sustainable level of water use by 2030. Again, milestones would be required to be included and progress reported to the State. This legislation defines "sustainable" to mean that "an urban water supplier has sufficient water to meet its customers' demands during normal, dry and multiple dry years, as set forth in Section 10635, which supplies are being provided in compliance with applicable laws protecting the environment." Although, some laws; e.g., Porter - Cologne Water Quality Control Act, require a balancing of beneficial uses so long as no beneficial use suffers unreasonable diminishment. 3. This legislation provides: 11 ... several pages of statements of legislative findings and declarations, many of which are difficult to understand. For example: (a) To increase urban and residential water use efficiency in California so as to improve water supply reliability in light of periodic drought and population growth. It is not readily apparent how demand hardening in an urban setting will improve water supply reliability during a drought. And, it has been difficult in the past for water districts to convince existing customers that they must take aggressive conservation measures in order to provide a sufficient water supply for new growth. (d) To accomplish all of these goals in a manner that provides the greatest flexibility to urban water suppliers, consistent with protecting public health, preventing environmental damage, and providing a decent home and satisfying living environment for every Californian. This is awkward wording at best as it is unclear to me how achieving reductions in commercial, industrial and institutional water use, reporting water use to a new State database, and paying a new annual fee to the State will assist in providing each Californian "a decent home and satisfying living environment." 6) General statutory direction to state, regional, and local implementing agencies should allow for implementation that reflects the need to take into account unique local factors, including housing density and lot sizes, climatic conditions, the mix of commercial, industrial, and institutional uses, and year -to- year weather changes. (m) Any per capita water use goals should be utilized in a fair, appropriate, and productive manner at the statewide and regional level and should be applied in a manner that accounts for the unique factors associated with individual agency conditions. There does not appear to be any flexibility to meeting the 20 percent reduction target; however, the legislation allows an urban water supplier to substitute stormwater or recycled water for potable water and count the alternative source as "conservation." Certainly, areas that have wide population fluctuations due to tourism and seasonal visitors will need to be able to account for unique local factors. However, the legislation requires an urban water supplier to report annually the total population within the urban water supplier's service area, as determined by United States Census Bureau. 4. This legislation provides: 12 10671. (a) The department, in cooperation with the Public Utilities Commission, the Energy Commission, the State Department of Public Health, and the board, and after consultation with the California Urban Water Conservation Council, shall jointly develop and manage a water use information program referred to as the California Water Supply Database. (b) Each urban water supplier, beginning no later than March 1, 2011, and annually thereafter, shall collect all of the following data on its operations for the prior calendar year: (1) The data included in the department's form 38, "Public Water System Statistics. " (2) The total population within the urban water supplier's service area, as determined by United States Census Bureau. (3) The total quantities of stormwater, recycled water, treated groundwater, desalinated seawater, water previously used within the watershed, and other alternative sources of water that are delivered to customers or stored either in surface reservoirs or underground for future use. (4) Assuming not more than 70 gallons per capita per day of indoor water use, the estimated quantity of water used for outdoor landscape irrigation expressed as a percentage of reference evapotranspiration for the urban water .supplier's service area based on historic CIMIS data as outlined in the State Landscape Model Ordinance. It would also appear that those urban water suppliers that rely on stormwater, in park, to recharge groundwater will have to meter the quantity of water diverted or utilized annually. This will have cost implications to those suppliers to the extent :such information is not available today. 5. This legislation provides: (g) Each urban water supplier, beginning no later than March 1, 2013, and annually thereafter, shall electronically submit the data described in this section for the prior calendar year to the department for input into the California Urban Water Supply Database. The data shall be incorporated into the urban water suppliers subsequent urban water management plans. (h) As part of the collection and submission of data pursuant to this section, the urban water supplier shall provide an estimate of the accuracy of the measurements of water deliveries and identify known potential sources of error. (i) Each urban water supplier may also submit an estimate of the energy :ravings associated with the use of stormwater, recycled water, and other alternative sources of water as part of the annual collection and submission of data pursuant to this section. The department, after consultation with the Public Utilities Commission, the Energy Commission, the State Department of Public Health, and the board, may provide guidance to urban water suppliers in calculating the energy savings. (j) Information collected and submitted to the department pursuant to this section shall include a certification, executed under penalty of perjury, by the 13 general manager or chief executive officer of the reporting agency that the report accurately and fairly reflects activities within the reporting agency's service area during the prior calendar year. This legislation will impose significant new costs on a urban water supplier to collect, interpret and submit the data required to be submitted to the State. In addition, the legislation will create a new crime — perjury, a felony —for a general manager or chief executive officer if the information reported to the State does not accurately and fairly reflect activities within the reporting agency's service area. 6. This legislation provides: (k) Each urban water supplier shall pay an annual reporting fee to the department, imposed by the department, that shall not exceed five thousand dollars ($5,000). The fee shall be consistent with all applicable legal requirements for imposing fees, including the requirements set forth in Sinclair Paint Co. v. State Board of Equalization (1997) 15 Cal.4th 866. The department shall randomly select 5 percent of the reports for an independent audit, which shall be conducted by a firm or entity having expertise in evaluating urban water efficiency. Each audit shall be subject to peer review by a panel of experts selected by the Association of California Water Agencies, the California Urban Water Conservation Council, and the department if the reporting agency so requests. The legislation would impose a new, flat fee that shall not exceed $5,000 a year to support, one assumes, the creation and operation of the California Urban Water Supply Database. The legislation is not clear on this point. In addition, urban water suppliers will be subject to a random audit of its report that would place an outside entity in a position of second - guessing the local agency. Responding to, and participating in, an audit is typically a time consuming process for the entity being audited. 7. This legislation provides: 10672. (a) Each urban water supplier shall adopt and commence the implementation of the applicable best management practices identified by the California Urban Water Conservation Council no later than December 31, 2012. Urban water suppliers who have not chosen to become a member of the voluntary, consensus -based conservation council now will not have to worry about making a formal request to join as a participant since this legislation would mandate that all urban water suppliers implement the best management practices agreed to by council participants. 8. This legislation provides: 14 (b) Each urban water supplier shall develop and implement the plans and reports described in subdivisions (1) and (m) of Section 10631, unless that urban water supplier engages in extraordinary water use efficiency, defined as using less than 70 gallons per capita per day for single family indoor residential use and less than 70 percent of reference evapotranspiration as determined by historic CIMIS data as outlined in the State Landscape Model Ordinance. With most urban water suppliers employing one meter per residence that does not capture indoor and outdoor water use separately, it will be difficult to estimate the difference without knowing the number of occupants in each single family residence within the supplier's service area. Further, achieving a outdoor water use of less than 70 percent of reference evapotranspiration will likely eliminate I:urf grass, swimming pools and any landscape other than xeriscape. Perhaps, Sari Francisco can meet this test, but likely not many other urban water suppliers. 9. This legislation provides: (d) (1) If an urban water supplier fails to meet an interim milestone identified in its plan to meet either the 2020 or 2030 targets described in subdivisions () and (m) of Section 10631, it shall report its failure to the department on the following March 1. (2) The urban water supplier, within 90 days thereafter, shall submit a plan to the department to meet the next interim milestone. If the urban water supplier fails to meet that interim milestone, it is ineligible for funding from the state awarded or administered by the department, the board, or the California Bay - Delta Authority until the urban water supplier satisfies an interim milestone in a timely manner, provided that the urban water supplier shall have a minimum of two years from the date on which it submits the plan to the department to meet the next interim milestone. (3) The department shall maintain a registry of urban water suppliers that have failed to meet interim milestones and a registry of urban water suppliers that are ineligible for funding from the State of California for failure to make appropriate progress towards the water use efficiency targets. Failure to meet interim targets or the final targets results in state funding being withheld, which could include Clean Water SRF money, which likely violates Federal law. Also, failure to meet targets leads to public ridicule— rather than a registry, why not consider public flogging or forcing local elected members of the governing body to stand on the corner of main street wearing a dunce cap? A time -out also may be in order, but I digress. 10. This legislation provides: 15 (c) Notwithstanding any other provision of law, the board or the department, as applicable, shall award regional water management groups preference points equal to 20 percent of the total available points in any competitive grant program administered by the board or the department. The preference points awarded under this section shall only be awarded if the projects that would be funded are identified in the integrated regional water management plan adopted by the regional water management group. (d) Notwithstanding any other provision of law, rural communities and disadvantaged communities shall be eligible to receive preference points equal to the maximum preference points allocated by either the board or the department pursuant to subdivision (c). A 20 percent preference seems a bit on the high side, essentially penalizing any individual urban water supplier (or agricultural water supplier) from receiving state funds wherever a regional water management group is active; e.g., Proposition 84 funding. Also, subdivision (c) likely violates both Federal Safe Drinking Water SRF and Clean Water SRF laws and regulations. Subdivision (d) is unclear as to whether a rural community or a disadvantaged community, neither of which is defined in this legislation, would automatically receive preference points equal to 20 percent or whether they would have to form a regional water management group to gain the same status. 11. This legislation provides: (c) An urban water supplier's failure to meet any interim milestone towards the 2020 or 2030 water use efficiency targets established in subdivisions (l) and (m) of Section 10631 or to meet either the 2020 or 2030 water use efficiency targets established in those subdivisions shall not be admissible as evidence that any person has failed to comply with Section 2 of Article X of the California Constitution or Section 100. The failure to meet these milestones or targets shall not be used as part of any action by the department or the board pursuant to Section 275. This and similar language makes sense, but it is unclear to what extent a statutory provision can shield an urban water supplier against a constitutional challenge. ACWA Position: Favor if amended My Recommendation: Oppose 16 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Part 2.55 (commencing with Section 10608) is added to Division 6 of the Water Code, to read: PART 2.55. WATER CONSERVATION CHAPTER 1. GENERAL DECLARATIONS AND POLICY 10608. The Legislature finds and declares all of the following: (a) Water is a public resource that the California Constitution protects against waste and unreasonable use. (b) Growing population, climate change, and the need to protect pnd_grow California's economy while protecting and restoring our fish and wildlife habitats make it essential that the state manage its water resources as efficiently as possible. (c) Reduced water use through conservation provides significant energy and environmental benefits, can help protect water quality, improves streamflows, and reduces greenhouse gas emissions. (d) The success of state and local water conservation programs to increase efficiency of water use is best determined on the basis of measurable outcomes related to water use or efficiency. (e) Improvements in technology and management practices offer the potential for increasing water eensen,atienefficiency in California over time, providing an essential water management tool to meet the need for water for urban, agricultural, and environmental uses. (f) The Govemor has called for a 20 percent per capita reduction in urban water use statewide by 2020. SECTIONXIt is the intent of the Legislature by the enactment of this part to do all _ofthe following (a) Require all water suppliers to increase the efficiency of use of this essential resource. (b) Establish a framework to meet the state targets for urban water conservation identified in the act enacting this part and called for by the Governor. (c) Measure increased efficiency of urban water use on a per capita basis. (d) Establish consistent water use e f/iciencv planning and implementation standards For urban water suppliers and agricultural water suppliers. (e) wire implementation ofspecified best management practices for agricultural water suppliers. 69 Support the economic productivity of California's agricultural, commercial and industrial sectors. SECTIONXX (a This part does not limit or otherwise a, f ect the application of Section 1011. (b) This part does not limit or otherwise affect the application ofthe Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) Chapter 4 (commencing with Section 11370) Chapter 4.5 (commencing with Section 114002, and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). SECTIONXXX This part may not reduce the total water used in the agricultural or urban sectors because other factors such as changes in agricultural economics or emulation growth may have greater effects on water use This part does not limit the economic productivity of California's agricultural commercial or industrial sectors. CHAPTER 2. DEFINITIONS 10608.3 The following definitions apply to this part: (a) "Base daily per capita water use" means a daily per capita water use during a base Year or base years determined by the department pursuant to subdivision (d) of Section 10608.5 that best reflects current normal water use and, to the extent feasible is a base year o[2004 or later. (b) "Commercial water user" means a water user that provides or distributes a product or service. (c) (1) "Daily per capita water use " means the cross water use in a calendar year divided by the average number of residents during that year divided by 365 days per Year. (2) For purposes of paragraph (I) the average number of residents during that vear shall be determined using federal state and regional population reports supplemented with local information and trend -based extrapolations. (d) "Disadvantaged community" means a community with an annual median household income that is less than 80 percent of the statewide annual median household income. (e) "Gross water use" means the total volume ontreated or untreated water entering the distribution system of an urban retail water supplier and excludes agricultural water deliveries and recycled water use. "Industrial water user" means a water user that is primarily a manufacturer or Processor ofmaterials as defined by the Standard Industrial Classifications Code numbers 2000 through 3999. (2) "Institutional water user" means a water user dedicated to public service. This includes higher education institutions schools courts churches hospitals and government facilities. (h) "Locally cost effective "means that the present value of the local benefits of implementing an agricultural best management practice is greater than or equal to the present value of the local cost of implementing that measure. i) "Water conservation" means the efficient management of water resources for beneficial uses preventing waste or accomplishing additional benefits with the same amount of water. ill) "Urban retail water supplier" means a water supplier, either publicly or privately owned that directly provides municipal water to more than 3, 000 end users or that su flies more than 3 000 acre -feet of water annually, Lk) =Urban wholesale water supplier, either publicly or privately owned, that provides more than 3.000 acre -feet of water annually at wholesale for municipal purposes. (11 "Agricultural water supplier" means a water supplier, either publicly or privately owned providing water to more than 2 000 acres of agricultural land or supplying more than 2,000 acre -feet of agricultural water annually, excluding recycled water. An agricultural water supplier includes a supplier or contractor for water, regardless of the basis of right which distributes or sells water for ultimate resale to customers. (m) "Recycled water use" means any beneficial use of non-potable recyled water by retail customer of the urban retail water supplier which helps meet an urban retail water suppliers gross water use. 10608.3.1 A water supplier that falls under more than one of the following subdivisions of Section 10608.3 shall comply with the requirements governin each ach of the corresponding water sup2ly activities, as appropriate: (I) subdivision (2) subdivision (3) subdivision . CHAPTER 3. URBAN WATER SUPPLIERS 10608.4.(a) The state shall achieve a 20- percent reduction in urban per capita water use in California on or before December 31, 2020. jN The state shall make incremental progress towards the state target speci ted in subdivision (a) by reducing per capita water use by at least 10 percent on or before December 31, 2015. 10608.5 (a) The department shall, through a public participation process, by December 320 00�develop regional urban water use targets and interim regional urban water use tar ets. fbb The ta�ets shall cumulatively result in a statewide 20 percent reduction in daily per c�ta water use b 2y 020. ij In developing urban water use targets the department shall.• j�Consider the high efficiency and low per capita water use levels already achieved bx some urban water suppliers. f2(:onsider climactic differences within the state. f3 J'rovide flexibility to urban water suppliers and regions in meeting the targets. j Qq me the base ey ar or years and determine statewide base daily per capita water use. jd1 The department shall, through a public participation process, by December 31, 2010 develo e_r capita water use calculation procedures with public input. _.(The calculation procedures shall include: _(A) methods for computing base daily per capita water use for commercial industrial and institutional water users; (B) methods for computing current per capita water use for commercial, industrial, and institutional water users: (C) methods for computing current per capita residential water use. (2) The methods developed by the department pursuant to this section shall include methods Lor computation at geographic scales including urban retail water supplier, urban wholesale water supplier, regional water manaZement group integrated regional water management funding area, hvdrologic region, or other appropriate geo raphic scales. (d) Per capita water use calculation procedures developed by the department shall not include non - potable recycled water in computing per capita water use. 10608.6(a). Each urban retail water supplier shall meet its interim urban water use target by December 31, 2015. (b) Each urban retail water supplier shall meet its urban water use target by December 31, 2020. 10608. 7(a). An urban retail water supplier may meet its urban water use target within its retail service area, or bvparticipation in cooperative programs at geographic scales including urban wholesale water supplier, regional water management group integrate d regional water management funding area hydrolo is region, or other appropriate geographic scales for which computation methods have been developed by the department. (b) An urban retail water supplier may meet its urban water use target entirely through efficiency gains in its residential water use sector, entirely through efficiency gains in its commercial institutional and industrial sector, or through some combination between the two sectors. 10608.8 All costs incurred pursuant to this part by a water utility regulated by the Public Utilities Commission may be recoverable in rates subject to review and approval by the Public Utilities Commission and may be recorded in a memorandum account and reviewed for reasonableness by staffof the Public Utilities Commission. 10608.9 Urban wholesale water suppliers shall include in the urban water management plans required pursuant to Part 2.6 (commencing with Section 10610) an assessment of their present and proposed future measures programs and policies to help achieve the water use reductions required by this part. 10608.10 Urban water retail suppliers shall report to the department on their progress in meeting their urban use water targets as part oftheir urban water management plans submitted pursuant to Section 10631. 10608.11 State agencies shall reduce water use on facilities they own or operate to sport urban retail water suppliers in meeting the target identified in Section 10608.4. CHAPTER 4. AGRICULTURAL WATER SUPPLIERS 10608.12. (a) On or before July 31, 2012 an agricultural water surlier shall implement water use efficiency best management practices pursuant to subdivisions (b) ands). bC1A icultural water suppliers shall implement all of the following critical best mana eg ment practices: .0 ..Measure the volume of water delivered to customers with sufficient accuracy to comply with subdivision (a) of Section 531.10 and to implement volumetric pricing pursuant to paragraph (4). U ..Designate a water conservation coordinator who will develop and implement the water management plan and prepare progress reports. U Provide or the availability of water management services to water users. These .services may include, but are not limited to, all of the followinz aLOn- arm irrigation and drainage system evaluations. fB )_Normal year and real -time irrigation scheduling and crop evapotranspiration inLormamm LClSur ace water, groundwater, and drainage water quantity and quality data (2-Agricultural water management educational programs and materials for farmers, sta and the public. fl. Adopt a pricing structure for water customers based at least in part on quantity delivered. (5)Evaluate the policies of gencies that provide the supplier with water to identify the potentia for institutional changes to allow more flexible water deliveries and storage. (6) Evaluate and improve the efficiencies of the supplier's pumps. jc A ricultural water suppliers shall implement additional best management practices including but not limited to, all of the following_ if the measures are locally cost - effective and technically feasible: _(Facilitate alternative land use for lands with exceptionally high water duties or whose irrigation contributes to significant problems, includin dg rainage. _(2).Facilitate use of available recycled water that otherwise would not be used bene tcialL meets all health and safety criteria, and does not harm crops or soils. Q Facilitate the financing of capital improvements for onfarm irrigation systems. f4l IMDlement an incentive pricing structure that promotes one or more of the following goals: ()More efficient water use at the farm level. (B) Conjunctive use of groundwater fCL4ppropriate increase of groundwater recharge. Reduction in problem drainage. fD Improved management of environmental resources. ecective management ofall water sources throughout the season by adjusting seasonal pricing structures based on current conditions. j�Ll.ine or pipe distribution systems and construct regulatory reservoirs to increase distribution system flexibilitV and capacity, decrease maintenance and reduce seepage (ALIncrease flexibility in water ordering by and delivery to water customers within operational limits. L71 Construct and operate supplier spill and tailwater recovery systems. f Increase planned coniunctive use of surface and ground water within the supplier service area. j9Lutomate canal control structures. (IOlfacilitate or promote customer pump testing and evaluation. (d) Agricultural water suppliers shall report to the department on which best management practices have been implemented and are planned to be implemented an estimate of the water savings that have occurred since the last report and an estimate o� the water savings estimated to occur five and 10 years in the future. If an agricultural water supplier determines that a best manajZement practice is not locales cost effective or technically feasible the supplier shall submit information documenting that determination. (e) The reports shall be submitted to the department on or before and thereafter in years ending in zero and years ending in five. (f) Agricultural water supplier reporting requirements may be met through the submission to the department of an agricultural water management plan required pursuant to Section 10820 or developed for the United States Bureau ofReclamation that is consistent with this part. (g) The reports shall be submitted using a standardized form developed pursuant to Section 10608.13. Lh T) he department may update the best management practices required pursuant to subdivisions (b) and (c) in consultation with the Agricultural Water Mana ement Council the United States Bureau ofReclamation and after technical and public input provided pursuant to Section xxxx. CHAPTER 5. STANDARDIZED DATA COLLECTION 10608.13. (a) The department, in collaboration with the board. the CBDA. DPH and CPUC shall develop a single standardized water use reporting form to meet the water use information needs of each agency. (b) At a minimum the form shall be developed to accommodate information sufficient to assess an urban water supplier's compliance with conservation targets pursuant to Section 10608.6 and an agricultural water supplier's compliance with implementation of BMP's pursuant to Section 10608.12. CHAPTER 6. GENERAL PROVISIONS 10608.14. (a) Bezinninz August 1 20 the terms of and eligibility for a water management grant or loan made to urban retail water suppliers and awarded or administered b the department state board or California Bay -Delta Authority or its successor agency shall be conditioned on the implementation of this part. (b) Bezinninz January 1 20, the terms of and eli ig bility for a water management zrant or loan made to agricultural water suppliers and awarded or administered by the department, state board or California Bay-Delta Authority or its successor agency shall be conditioned on the implementation of this part. (c) Notwithstanding subdivision (a) the department shall determine that an urban retail water supplier is eligible for a water management grant or loan even though the supplier has not met the per capita reductions required pursuant to Section 10608.6, if the urban retail water supplier has submitted to the department for approval a schedule financing plan, and budget to be included in the grant or loan agreement, for achieving the per capita reductions. •The SUDPlier may request grant or loan funds to achieve the per rauita reductions to the extent the request is consistent with the eligibilb requirements applicable to the water management funds. `(d) Notwithstandin Z subdivision (b), the department shall determine that an agricultural water supplier is eligible for a water management grant or loan even though the supplier is not implementing all of the best management practices described in ,Section 10608.12, if the agricultural water supplier has submitted to the department for approval a schedule, tnancingplan and budget, to be included in the grant or loan agreement, for implementation of the hest management practices. The supplier may request grant or loan funds to implement the best management practices to the extent the r ]MLest is consistent with the eligibility requirements applicable to the water mana eff ment funds. _ Notwithstanding subdivision (a), the department shall determine that an urban retail water supplier is eli ig ble for a water Management grant or loan even though the slier has not met the per capita reductions required pursuant to Section 10608.6, if the urban retail water supplier has submitted to the department for approval documentation demonstrating that their entire service area guali ies as a disadvantaged community. _10608.15 al _ & It is the intent of the Legislature that funds made available by Section 75026 of the Public Resources Code should be expended consistent with Division 43 (commencing with Section 75001) of the Public Resources Code and upon appropriation by the Legislature for grants to implement this part. In the allocation Of funding it is the intent of the Legislature that the department give consideration to disadvantaged communities to assist in implementing the requirements of this part. _ (c) It is the intent of the Legislature that funds made available bkSection 75041 of the Public Resources Code should be expended, consistent with Division 43 (commencing with Section 75001) of the Public Resources Code and upon appropriation b the he Legislature, for directexenditures to implement this part. CHAPTER 7. QUANTIFYING AGRICULTURAL WATER USE EFFICIENCY 10608.16. The department shall develop a methodology for quantifying the efficiency of agricultural water use. Alternatives to be assessed shall include, but not be limited to, determination of efficiency levels based on crop type or irrigation system distribution uniformity. On or before December 31, 2011, the department shall report to the Legislature on a proposed methodology and a plan for implementation. The plan shall include the estimated implementation costs and the types of data needed to support the methodology. PART 2.8. AGRICULTURAL WATER MANAGEMENT PLANNING Chapter 1. General Declarations and Policy 10800. This part shall be known and may be cited as the Agricultural Water Management Planning Act. 10801. The Le isg lature finds and declares all of the following_ (a) The waters of the state are a limited and renewable resource. (b) The California Constitution requires that water in the state be used in a reasonable and beneficial manner. (c) Urban water districts are required to adopt water management Ip ans. (d) The conservation of agricultural water supplies is ofgreat statewide concern. (e) There is a great amount of reuse of delivered water, both inside and outside the water service areas. (fi Significant noncrop beneficial uses are associated with agricultural water use including streamflows and wildlife habitat. (g) Significant opportunities exist in some areas through improved irrigation water management, to conserve water or to reduce the quantity of highly saline or toxic drainage water. (h) Changes in water mana ement practices should be carefully planned and implemented to minimize adverse effects on other beneficial uses currently being served () Agricultural water suppliers that receive water from the Central Valley Proiect are required by federal law to prepare and implement water conservation plans. (j) Agricultural water users applying for a permit to appropriate water from the board are required to prepare and implement water conservationplans. 10802. The Legislature finds and declares that all of the following are the policies of the state: (a) The conservation of water shall be pursued actively to protect both the people ofthe state and the state's water resources. LbZThe conservation of agricultural water supplies shall be an jMp-ortant criterion in public decisions with regard to water. (c)A ricultural water suppliers shall be required to prepare water management plans to achieve conservation of water. Char 2. Definitions 10810. Unless the context otherwise requires, the de tuitions ,set forth in this chapter govern the construction of this part. 10811. "Agricultural water management plan" or `plan" means an agricultural water management plan prepared pursuant to this parL R0812. "Agricultural water supplier" has the same meaning as defzned in Section 10608.2. .10813. "Customer" means a purchaser of water from a water supplier who uses water for agricultural purposes. 10814. " Person" means any individual, firm, association, or anization, partnership business trust corporation company, public a gncy, or any aQency_of that entiU. 10815. "Public agency" means any city, county, city and county .special district, or other public entity. 10816 "Urban water supplier" has the same meaning as define in Section 10617. 108.17. "Water conservation" means the efficient management oLu ater resources for beneficial uses, preventing waste, or accomplishing additional benefits with the same amount of water. Chapter 3. Agricultural Water Management Plans Article 1. General Provisions 108.20. (a An agricultural water supplier shall prepare and ado t an agricultural water manaizement plan in the manner set forth in this chapter on or before December 31, 2011, December 3.1 015,and on or before December 31 every five years thereafter. _. )Every supplier that becomes an agricultural water supplier after December 31, 2012, shall adopt an agricultural water Inanagementplan within one year after the date it has become an aZricultural water supplier. (CA water supplier that indirectly provides water to customers for agricultural purposes shall not prepare a,plan pursuant to this part without the consent of each agricultural water supplier that directly provides that water to its customers. 10821 (a) An agricultural water supplier shall update its plan at least once every five years on or before December 31 in years ending in zero and five. (b) An agricultural water supplier required to prepare a plan pursuant to this part shall notify each city or county within which the supplier provides water supplies that the agricultural water supplier will be preparing the plan or reviewing the plan and considering amendments or changes to the plan The agricultural water supplier may consult with and obtain comments from each city or county that receives notice pursuant to this subdivision. () The amendments to or changes in the plan shall be adopted and submitted in the manner set forth in Article 3 (commencing with Section 10840). Article 2 Contents o Plans 10825 (a) It is the intent of the Lenislature in enacting this part to allow levels of water management planning commensurate with the numbers of customers served and the volume of water supplied. (b) This part does not require the implementation of water conservation programs or practices that are not locally cost effective. 10826 A plan shall be adopted in accordance with this chapter. That plan shall do all of the following: (a) Describe the agricultural water supplier and the service area including all of the mellowing: (1) Size of the service area. (2) Location of the service area and its water management facilities. (3) Terrain and soils. (4) Climate. Q0 perating rules and regulations. (6) Water delivery measurements or calculations. (7) Water rate schedules and billinz (8) Water shortage allocation policies. (b) Describe the quantity and gualityofwater resources of the agricultural water supplier, including all of the following: (1) Surface water supply. (2) Groundwater supply. (3) Other water supplies. L4ZSource water quality monitoring practices. L5)_ Water uses within the agricultural water supplier's service area including all of the following: LAjAgricultural. (B) Environmental. (C) Recreational. LD) Municipal and industrial. LE) Groundwater recharge. (F) Transfers and exchanges. (G) Other water uses. Drainage from the water supplier service area. .(LWater accounting, including all of the ollowing f&Quantifvi4z the water supplier's water supplies. (B(�Tabulating water uses. EL Overall water budget. L8LWater supply reliability. c Include an analysis, based on available information of the effect o climate change on future water supplies. ( &Describe previous water management activities. (Include in the plan the water use efficiency information re uiredpursuant to Section 10608.12. 10827. Agricultural water suppliers that are members of the A rrieultural Water Management Council and that submit water management plans to that council in accordance with the "Memorandum of Understanding Regarding Efficient Water Management Practices By Agricultural Water Suppliers In Cali ornig " dated January 1. 1999 may submit the water management plans identif ping water demand mana ement measures currently being implemented or scheduled for implementation, to satisfy the requirements of Section 10826 10828. (a) Agricultural water suppliers that are required to submit water conservation plans to the United States Bureau of Reclamation pursuant to either the Central Valley Project ZMrovement Act (Public Law 102 -575) or the Reclamation Re form Act of 1982, or both may submit those water conservation plans to satisfy the requirements of Section 10826 if both of the ffollohi apply: i1 T he agricultural water supplier has adopted and submitted the water conservation plan to the United States Bureau of Reclamation within the previous four years. Q _Zhe United States Bureau of Reclamation has accepted the water conservation plan as adequate. fbjYhrart does not require agricultural water suppliers that are regLuired to submit water conservation plans to the United States Bureau of Reclamation pursuant to either the Central Valley Proiect Improvement Act (Public Law 102 -575) or the Reclamation Reform Act of 1982 or both to prepare and adopt water conservation plans according to a schedule that is different from that required by the United States Bureau of Reclamation. 10829 An agricultural water supplier may satisfy the requirements of this part by adopting an urban water management plan pursuant to Part 2.6 (commencing with Section 10610) or by participation in area -wide regional watershed or basinwide water management planning if those plans meet or exceed the requirements of this PEI Article 3 Adoption and Implementation of Plans 10840 Every agricultural water supplier shall prepare its plan pursuant to Article 2 (commencing with Section 10825). 10841 Prior to adopting a plan the agricultural water supplier shall make the proposed plan available for Public inspection and shall hold a public hearin3on the plan Prior to the hearing notice ofthe time and place of hearing shall be published within the furisdiction ofthe publicly owned agricultural water supplier _pursuant to Section 6066 of the Government Code A privately owned agricultural water supplier shall provide an equivalent notice within its service area After the hearing the plan shall be adopted as prepared or as modified during or after the hearing. 10842 An agricultural water supplier shall implement the plan adopted pursuant to this chapter in accordance with the schedule set forth in its plan as determined by the Qoverning body of the agricultural water supplier. 10843 (a) An agricultural water supplier shall submit to the entities identified in subdivision (b) a copy of its plan no later than 30 days after the adoption of the plan Copies ofamendments or changes to the plans shall be submitted to the entities identified in subdivision (b) within 30 days after the adoption of the amendments or changes. (b) An agricultural water supplier shall submit a copy of its plan and amendments or changes to the plan to each ofthe following entities: (1) The department. (2) Any city county, or city and county within which the agricultural water supplier provides water supplies. (3) Any groundwater management entity within which jurisdiction the agricultural water supplier extracts or provides water supplies. U Anv urban water supplier within which iurisdiction the agricultural water supplier provides water supplies. aAMcity or county library within which iurisdiction the agricultural water supplier provides 'water supplies. tA_The California State Library. fZL.4ny local agency.formation commission serving a county within which the agricultural water supplier provides water s " lies_ 10840 Not later than 30 days after the date of adopting its plan, the agricultural water supplier shall make the plan available for ublic review on the agricultural water supplier's Internet Web site. (b .4n agricultural water supplier that does not have an Internet Web site shall submit to the department, not later than 30 days a te,� the date oLado ungits plan a copy of the adopted plan in an electronic format The department shall make the plan available .prj is review on the department's Internet Web site. 10845. a The department shall prepare and submit to the I�islature on or before December 31 2012 and therea ter in the years ending in six and years ending in one a report summarizing the status oLthe-plans adopted pursuant to this part. The report prepared by the department shall identify the outstanding elements of any plan adopted pursuant to this part. The report shall include an evaluation of effectiveness of this part i�romotingeJficient agricultural water management practices and recommendations relating to proposed changes to this part, as appropriate. fc The department shall provide a copy of the report to each agricultural water supplier that has submitted its plan to the dMirtment The department shall also prepare reports and provide data or any legislative hearing designed to consider the e ecHI eness of plans submitted pursuant to this part. rdl_This section does not authorize the department in preparing the -2•eport to approve disapprove, or critique individual plans submitted pursuant to this part. Chapter 4. Miscellaneous Provisions 108.50. (a Any action or proceeding to attack, review, set brought pursuant to Section 1085 of the Code of Civil Procedure, and the court's review of compliance or noncompliance with this part shall extend to whether the plan, or portion thereof or revision thereto, substantially complies with the requirements of this part. (b) An action or proceeding alleging failure to adopt a plan shall be commenced within 18 months after that adoption is required by this part. (c) Any action or proceeding allegine that a plan or action taken pursuant to the plan does not comply with this part shall be commenced within 120 days after submitting the plan or amendments to the plan to entities in accordance with Section 10844 or the taking of that action. (d)In an action or proceeding to attack review, set aside void, or annul the acts or decisions of an agricultural water supplier made pursuant to this part at a properly noticed public hearing the issues raised shall be limited to those raised in the public hearing, or in written correspondence delivered to the agricultural water supplier prior to or at the public hearing, except if the court finds either of the following (1) The issue could not have been raised at the public hearing by a person exercising, reasonable diligence. (2 ) The body conducting the public hearing prevented the issue from being raised at the public hearing. 10851. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to o the preparation and adoption of plans pursuant to this part. This part does not exempt projects for implementation of the plan or for expanded or additional water supplies from the California Environmental Quality Act. 10852. An agricultural water supplier that does notprepare, adopt, and submit its agricultural water management plan in accordance with this part is ineligible to receive funds made available pursuant to any program administered by the board, the department or the California Bay -Delta Authority, or participate in any drought assistance program administered by the state until the agricultural water management plan is submitted pursuant to this part. PON ..u. = c ON - (i� S F �' CALIFORNIA LEGISLATURE - 2009 -10 REGULAR SESSION ASSEMBLY BILL No. 1408 Introduced by Assembly Member Krekorian February 27, 2009 An act to amend Section 66473.7 of the Government Code, relating to subdivision map approvals. LEGISLATIVE COUNSEL'S DIGEST AB 1408, as introduced, Krekorian. Subdivisions: Water Conservation Mitigation Fund. (1) The Subdivision Map Act establishes a statewide regulatory fi-amework for controlling the subdividing of land. The act generally requires a subdivider to submit, and have approved by the city, county, or city and county in which the land is situated, a tentative map. The act requires the legislative body of a city or county or the advisory agency, to the extent that it is authorized by local ordinance to approve, conditionally approve, or disapprove the tentative map, to include as a condition in any tentative map that includes a subdivision a requirement that a sufficient water supply be available. The act authorizes the legislative body to request written verification of sufficient water supply, and, when the written verification relies on projected water supplies that are not currently available to the public water system to provide a sufficient water supply to the subdivision, requires that the written verification as to those projected water supplies be based on prescribed elements. This bill would establish a Water Conservation Mitigation Fund to be administered, as specified, by a public water system. A legislative body of a city or county or the advisory agency, to the extent that it is authorized by local ordinance to approve, conditionally approve, or WE AB 1408 —2— disapprove the tentative map, would be required to include as a condition in any tentative map that includes a subdivision a requirement that the subdivision have a sufficient water supply be available or that sufficient water supplies will be made available through a Water Conservation Mitigation Fund held by the public water system. The amount of funding needed for voluntary participation by the subdivision applicant in the Water Conservation Mitigation Fund would be required to be based on offsetting at least 100 percent of the projected water demand associated with the subdivision, as determined by the public water system. The public water system would be required to expend all funds in the Water Conservation Mitigation Fund on water conservation measures that will offset at least 100 percent of the projected demand associated with the subdivision, as specified. By adding to the duties of public water system officials, this bill would impose a state - mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State - mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 66473.7 of the Government Code is 2 amended to read: 3 66473.7. (a) For -the purposes of this section, the following 4 definitions apply: 5 (1) "Subdivision" means a proposed residential development 6 of more than 500 dwelling units, except that for a public water 7 system that has fewer than 5,000 service connections, "subdivision" 8 means any proposed residential development that would account 9 for an increase of 10 percent or more in the number of the public 10 water system's existing service connections. 11 (2) "Sufficient water supply" means the total water supplies 12 available during normal, single -dry, and multiple -dry years within 13 a 20 -year projection that will meet the projected demand associated 14 with the proposed subdivision, in addition to existing and planned 99 -3— AB 1408 I future uses, including, but not limited to, agricultural and industrial 2 uses. Tn determining "sufficient water supply," all of the following 3 factors shall be considered: 4 (A) The availability of water supplies over a historical record 5 of at least 20 years. 6 (B) The applicability of an urban water shortage contingency 7 analysis prepared pursuant to Section 10632 of the Water Code 8 that includes actions to be undertaken by the public water system 9 in response to water supply shortages. 10 (C) The reduction in water supply allocated to a specific water 11 use sector pursuant to a resolution or ordinance adopted, or a 12 contract entered into, by the public water system, as long as that 13 resolution, ordinance, or contract does not conflict with Section 14 354 of the Water Code. 15 (D) The amount of water that the water supplier can reasonably 16 rely on receiving from other water supply projects, such as 17 conjunctive use, reclaimed water, water conservation, and water 18 transfer, including programs identified under federal, state, and 19 local water initiatives such as CALFED and Colorado River 20 tentative agreements, to the extent that these water supplies meet 21 the criteria of subdivision (d). 22 (3) "Public water system" means the water supplier that is, or 23 may become as a result of servicing the subdivision included in a 24 tentative map pursuant to subdivision (b), a public water system, 25 as defined in Section 10912 of the Water Code, that may supply 26 water for a subdivision. 27 (4) "Projected water demand associated with the subdivision" :28 means the projected water demand associated with the subdivision 29 based on physical characteristics of the subdivision, including, 30 but not limited to, lot size and use, water using fixtures, current 31 local ordinances, statutory and regulatory requirements, and 32 permanently fixed extraordinary water conservation measures, as 33 determined by the public water system. 34 (5) "Water Conservation Mitigation Fund" means the fund used 35 to finance conservation measures that would achieve water savings 36 equivalent to the projected water demand associated with the 37 subdivision, as determined by the public water system. 3 E3 (b) (1) The legislative body of a city or county or the advisory 39 agency, to the extent that it is authorized by local ordinance to 40 approve, conditionally approve, or disapprove the tentative map, 99 AB 1408 —4— 1 shall include as a condition in any tentative map that includes a 2 subdivision a requirement that a sufficient water supply shall be 3 available or that sufficient water supplies will be made available 4 through a Water Conservation Mitigation Fund held by the public 5 water system. The amount of funding needed for voluntary 6 participation by the subdivision applicant in the Water 7 Conservation Mitigation Fund shall be based on offsetting at least 8 100 percent of the projected water demand associated with the 9 subdivision, as determined by the public water system. Proof of 10 the availability of a sufficient water supply and, where applicable, I 1 participation in the Water Conservation Mitigation Fund shall be 12 requested by the subdivision applicant or local agency, at the 13 discretion of the local agency, and shall be based on written 14 verification from the applicable public water system within 90 15 days of a request. 16 (2) If the public water system fails to deliver the written 17 verification as required by this section, the local agency or any 18 other interested party may seek a writ of mandamus to compel the 19 public water system to comply. 20 (3) If the written verification provided by the applicable public 21 water system indicates that the public water system is unable to 22 provide a sufficient water supply that will meet the projected 23 demand associated with the proposed subdivision, then the local 24 agency may make a finding, after consideration of the written 25 verification by the applicable public water system, that additional 26 water supplies not accounted for by the public water system are, 27 or will be, available prior to completion of the subdivision that 28 will satisfy the requirements of this section. This finding shall be 29 made on the record and supported by substantial evidence. 30 (4) If the written verification is not provided by the public water 31 system, notwithstanding the local agency or other interested party 32 securing a writ of mandamus to compel compliance with this 33 section, then the local agency may make a finding that sufficient 34 water supplies are, or will be, available prior to completion of the 35 subdivision that will satisfy the requirements of this section. This 36 finding shall be made on the record and supported by substantial 37 evidence. 38 (5) The public water system shall include in the written 39 verification of its assessment of the projected demand associated 40 with the subdivision its ability or inability to provide a sufficient 99 -5— AB 1408 1 water supply. If the public water system bases its assessment of 2 the projected water demand associated with the subdivision on 3 inclusion of permanently fixed extraordinary water conservation 4 measures, the assessment shall be conditioned with appropriate 5 measures to ensure that the extraordinary water conservation 6 measures will be retained and that actual long -term water demand 7 associated with the subdivision will be consistent with the water 8 demand projection. The conditions shall include adoption of legally 9 enforceable mechanisms, such as inclusion in covenants, 0 conditions, and restrictions. Water savings and demand projections 11 associated with permanently fixed extraordinary water 12 conservation measures may be calculated using the water savings 13 projections adopted by the California Urban Water Conservation 14 Council. Yflater savings and demand projections for measures for 15 which the California Urban Water Conservation Council does not 16 have adopted findings shall be based on substantial evidence in 17 the record. 18 (6) A public water system may impose a more stringent 19 requirement than provided for in this section. 20 (c) The applicable public water system's written verification of 21 its ability or inability to provide a sufficient water supply that will 22 meet the projected demand associated with the proposed 23 subdivision as required by subdivision (b) shall be supported by 24 substantial evidence. The substantial evidence may include, but is 25 not limited to, any of the following: 26 (1) The public water system's most recently adopted urban water 27 management plan adopted pursuant to Part 2.6 (commencing with 28 Section 106 10) of Division 6 of the Water Code. 29 (2) A water supply assessment that was completed pursuant to 30 Part 2.10 (commencing with Section 109 10) of Division 6 of the 31 Water Code. 32 (3) Other information relating to the sufficiency of the water 33 supply that contains analytical information that is substantially 34 similar to the assessment required by Section 10635 of the Water 3`.i Code. 36 (d) 'When the written verification pursuant to subdivision (b) 3 ? relies on projected water supplies that are not currently available 38 to the public water system, to provide a sufficient water supply to 39 the subdivision, the written verification as to those projected water 99 AB 1408 —6— 1 supplies shall be based on all of the following elements, to the 2 extent each is applicable: 3 (1) Written contracts or other proof of valid rights to the 4 identified water supply that identify the terms and conditions under 5 which the water will be available to serve the proposed subdivision. 6 (2) Copies of a capital outlay program for financing the delivery 7 of a sufficient water supply that has been adopted by the applicable 8 governing body. 9 (3) Securing of applicable federal, state, and local permits for 10 construction of necessary infrastructure associated with supplying 11 a sufficient water supply. 12 (4) Any necessary regulatory approvals that are required in order 13 to be able to convey or deliver a sufficient water supply to the 14 subdivision. 15 (e) If there is no public water system, the local agency shall 16 make a written finding of sufficient water supply based on the 17 evidentiary requirements of subdivisions (c) and (d) and identify 18 the mechanism for providing water to the subdivision. 19 (f) In making any findings or determinations under this section, 20 a local agency, or designated advisory agency, may work in 21 conjunction with the project applicant and the public water system 22 to secure water supplies sufficient to satisfy the demands of the 23 proposed subdivision. If the local agency secures water supplies 24 pursuant to this subdivision, which supplies are acceptable to and 25 approved by the governing body of the public water system as 26 suitable for delivery to customers, it shall work in conjunction 27 with the public water system to implement a plan to deliver that 28 water supply to satisfy the long -term demands of the proposed 29 subdivision. 30 (g) The written verification prepared under this section shall 31 also include a description, to the extent that data is reasonably 32 available based on published records maintained by federal and 33 state agencies, and public records of local agencies, of the 34 reasonably foreseeable impacts of the proposed subdivision on the 35 availability of water resources for agricultural and industrial uses 36 within the public water system's service area that are not currently 37 receiving water from the public water system but are utilizing the 38 same sources of water. To the extent that those reasonably 39 foreseeable impacts have previously been evaluated in a document 40 prepared pursuant to the California Environmental Quality Act M -7— AB 1408 1 (Division 13 (commencing with Section 21000) of the Public 2 Resources Code) or the National Environmental Policy Act (Public 3 Law 91 -190) for the proposed subdivision, the public water system 4 may utilize that information in preparing the written verification. 5 (h) Where a water supply for a proposed subdivision includes 6 groundwater, the public water system serving the proposed 7 subdivision shall evaluate, based on substantial evidence, the extent 8 to which it or the landowner has the right to extract the additional 9 groundwater needed to supply the proposed subdivision. Nothing 10 in this subdivision is intended to modify state law with regard to 1 I groundwater rights. 12 (i) This section shall not apply to any residential project 13 proposed for a site that is within an urbanized area and has been 14 previously developed for urban uses, or where the immediate 15 contiguous properties surrounding the residential project site are, 16 or previously have been, developed for urban uses, or housing 17 projects that are exclusively for very low and low- income 18 households. 19 0) The determinations made pursuant to this section shall be 20 consistent with the obligation of a public water system to grant a 21 priority for the provision of available and future water resources 22 or services to proposed housing developments that help meet the 23 city's or county's share of the regional housing needs for lower 24 income households, pursuant to Section 65589.7. 25 (k) The County of San Diego shall be deemed to comply with 26 this section if the Office of Planning and Research determines that 27 all of the following conditions have been met: 28 (1) A regional growth management strategy that provides for a 29 comprehensive regional strategy and a coordinated economic 30 development and growth management program has been developed 31 pursuant to Proposition C as approved by the voters of the County 32 of San Diego in November 1988, which required the development 3:) of a regional growth management plan and directed the 34 establishment of a regional planning and growth management 3'i review board. 36 (2) Each public water system, as defined in Section 10912 of 37 the Water Code, within the County of San Diego has adopted an 38 urban water management plan pursuant to Part 2.6 (commencing 31) with Section 10610) of the Water Code. 99 AB 1408 �?e 1 (3) The approval or conditional approval of tentative maps for 2 subdivisions, as defined in this section, by the County of San Diego 3 and the cities within the county requires written communications 4 to be made by the public water system to the city or county, in a 5 format and with content that is substantially similar to the 6 requirements contained in this section, with regard to the 7 availability of a sufficient water supply, or the reliance on projected 8 water supplies to provide a sufficient water supply, for a proposed 9 subdivision. 10 (I) Nothing in this section shall preclude the legislative body of I I a city or county, or the designated advisory agency, at the request 12 of the applicant, from making the determinations required in this 13 section earlier than required pursuant to subdivision (b). 14 (m) Nothing in this section shall be construed to create a right 15 or entitlement to water service or any specific level of water 16 service. 17 (n) Nothing in this section is intended to change existing law 18 concerning a public water system's obligation to provide water 19 service to its existing customers or to any potential future 20 customers. 2I (o) Any action challenging the sufficiency of the public water 22 system's written verification of a sufficient water supply shall be 23 governed by Section 66499.37. 24 (p) When the written verification pursuant to subdivision (b) 25 relies on voluntary participation in the Water Conservation 26 Mitigation Fund held by the by the public water system, the written 27 verification shall include an assessment by the public water system 28 of funds needed for the public water system to implement water 29 conservation measures that offset at least 100 percent of the 30 projected water demand associated with the subdivision and proof 31 that the funds have been voluntarily deposited in a Water 32 Conservation Mitigation Fund held by the public water system. 33 The public water system's assessment of funds shall include 34 identification and quantification of the water savings resulting 35 from the water conservation measures that the public water system 36 will implement to offset at least 100 percent ofthe projected water 37 demand associated with the subdivision. 38 (q) For purposes of a Water Conservation Mitigation Fund held 39 by a public water system, the public water system shall be required 40 to expend all funds from the Water Conservation Mitigation Fund 99 -9— AB 1408 1 on water conservation measures that will offset at least 100 percent 2 of the projected demand associated with the subdivision. The 3 expenditures may be made within the subdivision or elsewhere 4 within the service area of the public water supplier, at its 5 discretion. 6 (1) Not less than _percent of the proceeds from the Water 7 Conservation Mitigation Fund shall be directed to water 8 conservation programs in any disadvantaged community, as 9 defined in Section 75005 of the Public Resources Code, within the 10 service area of the public water system. 11 (2) The public water system shall be prohibited from using any 12 funds.from the Water Conservation Mitigation Fund to supplant 13 funding for water conservation programs required by existing law 14 or paid for by existing customers through water rates and 15 surcharges. 16 (3) The public water system shall be prohibited from using any 17 funds from the Water Conservation Mitigation Fund to comply 18 with requirements of the California Urban Water Conservation 19 Council Memorandum of Understanding, except where funds are 20 directed to disadvantaged communities. 21 (4) The governing body ofapublic water system shall determine, 22 after a public hearing, that the funds deposited in the Water 23 Conservation Mitigation Fund do not supplant funds for water 24 conservation programs required by existing law, paid for by 25 existing customers through water rates and surcharges, or that 26 are required for participation in the California Urban Water 27 Conservation Council. 28 (5) Actions for which the public water supplier may use water 29 conservation mitigation funding must be quantifiable, verifiable, 30 have a planned completion date that is concurrent with when the 31 buildings within the subdivision will require service, and have a 32 life expectancy of at least 20 years. These actions include all of 33 thefollowing: 34 (A) .High - efficiency toilet replacements. 35 (8) Faucet aerators. 36 (C) Prerinse spray valves. 3'7 (D) High - efficiency washing machines. 3? (E) Weather -based "smart" timers. 39 (F) Rotator spray heads. 40 (G) Cash for grass programs. al AB 1408 —10— I (H) Landscape rebates. 2 (1) Single-family high water use notifications. 3 (J) Home -leak detection kits. 4 (K) Water brooms. 5 (L) High-efficiency commercial dishwashers. 6 (M) Cooling tower conductivity controllers. 7 (N) X -ray film processor recirculation systems. 8 (0) Connectionless food steamers. 9 (P) Steam sterilizers. 10 (Q) Dry vacuum pumps. 11 (R) Commercial ice machine. 12 (S) School toilet leak detection. 13 (T) Water recycling. 14 (U) Advanced (automated) metering systems. 15 (V) Stormwater capture, graywater systems, and groundwater 16 treatment. 17 (W) Other water efficiency measures for which substantial 18 evidence demonstrates the measure will achieve a quantifiable 19 reduction in demand. 20 (r) Pursuant to Part 2.6 (commencing with Section 10610) of 21 Division 6 of the Water Code, the public water system shall do all 22 of the following: 23 (1) Document all expenditures from the water conservation 24 mitigation funding, if the public water system holds a Water 25 Conservation Mitigation Fund, in its Urban Water Management 26 Plan and confirm that the water conservation mitigation funding 27 was not used to supplant fundingfor water conservation programs 28 required by existing law, paid for by existing customers through 29 water rates and surcharges, or that are required for participation 30 in the California Urban Water Conservation Council. 31 (2) Document the measured annual water use of each 32 subdivision pursuant to this section. 33 (3) Calculate the water savings attributable to the water 34 conservation measures financed by the water conservation 35 mitigation funding from each subdivision. 36 (4) In the event that the calculated water savings in subdivision 37 (q) do not equal or exceed the measured water demand in 38 subdivision (b) over a five-year period, the public water system 39 shall include in its Urban Water Management Plan a schedule of 99 -11— AB 1408 1 actions designed to achieve the savings necessary to offset 100 2 percent of the actual demand of the subdivision. 3 SEC. 2. If the Commission on State Mandates determines that 4 this act contains costs mandated by the state, reimbursement to 5 local agencies and school districts for those costs shall be made 6 pursuant to Part 7 (commencing with Section 17500) of Division 7 4 of Title 2 of the Government Code. N 99 AMENDED IN SENATE APRIL 2, 2009 " ENATE, BILL No. 261 Introduced by Senators Dutton and Ducheny (Coauthor: Senator Hollingsworth) February 24, 2009 feE�elatirtg to water An act to amend Section 10631 of and to add Chapter 5 (commencing with Section 10660) to Part 2.6 ofDivision 6 of the Water Code, relating to water use. LEGISLATIVE COUNSEL'S DIGEST SB 261, as amended, Dutton. Water use. 3?xtstiug (1) Existing law requires the Department of Water Resources to convene an. independent technical panel to provide information to the department and the Legislature on new demand management measures, wchnologies, and approaches. "Demand management measures" means those water conservation measures, programs, and incentives that prevent the waste of water and promote the reasonable and efficient use and reuse of available supplies. Existing law requires urban water suppliers to prepare and adopt urban management plans with specified components. This bill would. state legislative 'n-dings and deelarations relatittg to wate"-u e require an urban water supplier to develop and implement a plan that will reduce residential potable water use in a specified manner or achieve extraordinary water use efficiency. The bill would require an urban water supplier, or a regional water management group acting on its behalf, to develop and implement a plan to achieve a sustainable level of water use by 2020. The urban water supplier or the regional water management group, as applicable, would be required to report 98 SB 261 —2— its progress towards achieving these water use efficiency requirements in specified documents. The bill would enact the Comprehensive Urban Water Efficiency Act of 2009. The bill would require the department, in cooperation with other state agencies, to jointly develop and manage a water use information program referred to as the California Water Supply Database. The department would be required to complete the development of the database by January 1, 2012. Each urban water supplier, beginning no later than March 1, 2011, would be required to collect prescribed water use information and submit that information to the department. The bill would require the urban water supplier to submit a certification, executed under penalty of perjury, attesting to the accuracy of the information submitted. By expanding the scope of the crime of perjury, the bill would impose a state - mandated local program by creating a new crime. The bill would require an urban water supplier to pay an annual fee, not to exceed $5,000, that is consistent with applicable legal requirements and imposed by the department. The bill would require each urban water supplier to adopt and commence the implementation of spec f ed best management practices by December 21, 2012. The State Water Resources Control Board and the department, by April 1, 2010, would be required to convene a task force consisting of experts to develop best management practices for the commercial, industrial, and institutional sector. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: no-yes. State - mandated local program: xe-yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 10631 of the Water Code is amended to 2 read.- 3 10631. A plan shall be adopted in accordance with this chapter 4 and shall do all of the following: 98 -3— SB 261 I (a) Describe the service area of the supplier, including current 2 and projected population, climate, and other demographic factors 3 affecting the supplier's water management planning. The projected 4 population estimates shall be based upon data from the state, 5 regional, or local service agency population projections within the 6 service area of the urban water supplier and shall be in five -year 7 increments to 20 years or as far as data is available. 8 (b) Identify and quantify, to the extent practicable, the existing 9 and planned sources of water available to the supplier over the 10 same five -year increments described in subdivision (a). If I I groundwater is identified as an existing or planned source of water 12 available to the supplier, all of the following information shall be 13 included in the plan: 14 (1) A copy of any groundwater management plan adopted by 15 the urban water supplier, including plans adopted pursuant to Part 16 2.75 (commencing with Section 10750), or any other specific 17 authorization for groundwater management. 18 (2) A description of any groundwater basin or basins from which 19 the urban water supplier pumps groundwater. For those basins for 20 which a court or the board has adjudicated the rights to pump 21 groundwater, a copy of the order or decree adopted by the court 22 or the board and a description of the amount of groundwater the 23 urban water supplier has the legal right to pump under the order 24 or decree. For basins that have not been adjudicated, information 25 as to whether the department has identified the basin or basins as 26 overdrafted or has projected that the basin will become overdrafted 27 if present management conditions continue, in the most current 28 official departmental bulletin that characterizes the condition of 29 the groundwater basin, and a detailed description of the efforts 30 being undertaken by the urban water supplier to eliminate the 31 long -term overdraft condition. 32 (3) A detailed description and analysis of the location, amount, 33 and sufficiency of groundwater pumped by the urban water supplier 34 for the past five years. The description and analysis shall be based 35 on information that is reasonably available, including, but not 36 limited to, historic use records. 37 (4) A detailed description and analysis of the amount and 38 location of groundwater that is projected to be pumped by the 39 urban water supplier. The description and analysis shall be based 98 SB 261 —4— 1 on information that is reasonably available, including, but not 2 limited to, historic use records, 3 (c) (1) Describe the reliability of the water supply and 4 vulnerability to seasonal or climatic shortage, to the extent 5 practicable, and provide data for each of the following: 6 (A) An average water year. 7 (B) A single dry water year. 8 (C) Multiple dry water years. 9 (2) For any water source that may not be available at a consistent 10 level of use, given specific legal, environmental, water quality, or 11 climatic factors, describe plans to supplement or replace that source 12 with alternative sources or water demand management measures, 13 to the extent practicable. 14 (d) Describe the opportunities for exchanges or transfers of 15 water on a short-term or long -term basis. 16 (e) (1) Quantify, to the extent records are available, past and 17 current water use, over the same five -year increments described 18 in subdivision (a), and projected water use, identifying the uses 19 among water use sectors, including, but not necessarily limited to, 20 all of the following uses: 21 (A) Single - family residential. 22 (B) Multifamily. 23 (C) Commercial. 24 (D) Industrial. 25 (E) Institutional and governmental. 26 (F) Landscape. 27 (G) Sales to other agencies. 28 (H) Saline water intrusion barriers, groundwater recharge, or 29 conjunctive use, or any combination thereof. 30 (I) Agricultural. 31 (2) The water use projections shall be in the same five -year 32 increments described in subdivision (a). 33 (f) Provide a description of the supplier's water demand 34 management measures. This description shall include all of the 35 following: 36 (1) A description of each water demand management measure 37 that is currently being implemented, or scheduled for 38 implementation, including the steps necessary to implement any 39 proposed measures, including, but not limited to, all of the 40 following: 98 -5— SB 261 1 (A) Water survey programs for single- family residential and 2 multifamily residential customers. 3 (B) Residential plumbing retrofit. 4 (C) System water audits, leak detection, and repair. 5 (D) Metering with commodity rates for all new connections and 6 retrofit of existing connections. 7 (E) Large landscape conservation programs and incentives. 8 (P) High - efficiency washing machine rebate programs. 9 (G) Public information programs. 0 (H) School education programs. A (I) Conservation programs for commercial, industrial, and 12 institutional accounts. 1'3 (J) Wholesale agency programs. 14 (K) Conservation pricing. 15 (L) Water conservation coordinator. 16 (M) Water waste prohibition. 17 (N) Residential ultra -low -flush toilet replacement programs. 18 (2) A schedule of implementation for all water demand 19 management measures proposed or described in the plan. a0 (3) A description of the methods, if any, that the supplier will 21 use to evaluate the effectiveness of water demand management 7.2 measures implemented or described under the plan. 23 (4) An estimate, if available, of existing conservation savings 24 on water use within the supplier's service area, and the effect of 25 the savings on the supplier's ability to further reduce demand. 26 (g) An evaluation of each water demand management measure 27 listed in paragraph (1) of subdivision (f) that is not currently being 28 implemented or scheduled for implementation. In the course of 29 the evaluation, first consideration shall be given to water demand 30 management measures, or combination of measures, that offer 31 lower incremental costs than expanded or additional water supplies. 32 This evaluation shall do all of the following: 33 (1) 'Take into account economic and noneconomic factors, 34 including environmental, social, health, customer impact, and 35 technological factors. 36 (2) :Include a cost - benefit analysis, identifying total benefits and 37 total costs. 33 (3) :Include a description of funding available to implement any 31) planned water supply project that would provide water at a higher 40 unit cost. 98 SB 261 —6— 1 (4) Include a description of the water supplier's legal authority 2 to implement the measure and efforts to work with other relevant 3 agencies to ensure the implementation of the measure and to share 4 the cost of implementation. 5 (h) Include a description of all water supply projects and water 6 supply programs that may be undertaken by the urban water 7 supplier to meet the total projected water use as established 8 pursuant to subdivision (a) of Section 10635. The urban water 9 supplier shall include a detailed description of expected future 10 projects and programs, other than the demand management 11 programs identified pursuant to paragraph (1) of subdivision (f), 12 that the urban water supplier may implement to increase the amount 13 of the water supply available to the urban water supplier in average, 14 single -dry, and multiple -dry water years. The description shall 15 identify specific projects and include a description of the increase 16 in water supply that is expected to be available from each project. 17 The description shall include an estimate with regard to the 18 implementation timeline for each project or program. 19 (i) Describe the opportunities for development of desalinated 20 water, including, but not limited to, ocean water, brackish water, 21 and groundwater, as a long -term supply. 22 0) Urban water suppliers that are members of the California 23 Urban Water Conservation Council and submit annual reports to 24 that council in accordance with the "Memorandum of 25 Understanding Regarding Urban Water Conservation in 26 California," dated September 1991, may submit the annual reports 27 identifying water demand management measures currently being 28 implemented, or scheduled for implementation, to satisfy the 29 requirements of subdivisions (f) and (g). 30 (k) Urban water suppliers that rely upon a wholesale agency for 31 a source of water shall provide the wholesale agency with water 32 use projections from that agency for that source of water in 33 five -year increments to 20 years or as far as data is available. The 34 wholesale agency shall provide information to the urban water 35 supplier for inclusion in the urban water supplier's plan that 36 identifies and quantifies, to the extent practicable, the existing and 37 planned sources of water as required by subdivision (b), available 38 from the wholesale agency to the urban water supplier over the 39 same five -year increments, and during various water -year types 40 in accordance with subdivision (c). An urban water supplier may 98 -7— SB 261 1 rely upon water supply information provided by the wholesale 2 agency in fulfilling the plan informational requirements of 3 subdivisions (b) and (c). 4 (1) (1) Each urban water supplier or, upon resolution of its 5 governing board submitted to the department, each regional water 6 management group acting on behalf of the urban water suppliers 7 within the group's boundaries, shall develop and implement a plan 8 that will accomplish one or more of the following: 9 (A) Reduce single-family residential per capita potable water 10 use by 20 percent as compared to water use in 2000. I (B) Reduce total residential potable water use by a total of 20 12 percent as compared to the 2020 projection in the agency's 2005 ) 3 urban water management plan, which reduction shall include 14 water conservation measures included in the 2005 urban water 15 management plan. 16 (C) Achieve extraordinary water use efficiency, as defined in 17 subdivision (c) of Section 10672. 18 (2) The plan shall include interim milestones for each 19 even - numbered year for progress towards achieving the 2020 20 target. 2:1 (3) Each reporting agency shall report its progress towards the 1112 2020 water use efficiency target as part of the annual submission 23 of data pursuant to Section 10671 and in its urban water ::4 management plan. 2.5 (4) Each reporting agency may evaluate progress in 26 implementing the plan by using the metrics it deems most 27 appropriate for its circumstances. 28 (m) (1) Each urban water supplier or upon resolution of its 29 governing board submitted to the department, each regional water 30 management group acting on behalf of the urban water suppliers 31 within the group's boundaries, shall develop and implement aplan 32 to achieve a sustainable level of water use by 2030, as defined in 33 Section 10670. 34 (2) The plan shall include interim milestones for each 35 even - numbered year for progress towards achieving the 2030 36 target. 37 (3) Each reporting agency shall report its progress towards the 38 water use efficiency target as part of the annual submission of 39 data pursuant to Section 10671 and in its urban water management 40 plan. 98 SB 261 1 (4) Each reporting agency may evaluate progress in 2 implementing the plan by using the metrics it deems most 3 appropriate for its circumstances. 4 SEC. 2. Chapter 5 (commencing with Section 10660) is added 5 to Part 2.6 of Division 6 of the Water Code, to read: 6 7 CHAPTER 5. URBAN WATER EFFICIENCY 8 9 10660. This chapter shall be known and may be cited as the 10 Comprehensive Urban Water Efficiency Act of 2009. 11 10661. In enacting this chapter, the Legislature intends to 12 accomplish all of the following purposes and this chapter is to be 13 liberally construed to achieve these purposes: 14 (a) To increase urban and residential water use efficiency in 15 California so as to improve water supply reliability in light of 16 periodic drought and population growth. 17 (b) To encourage the efficient use of local sources of water, 18 such as stormwater, recycled water, desalinated water, or treated 19 water that can either be substituted for potable water or blended 20 aspart of municipal and industrial water supplies, and to increase 21 multiple uses of water within the same watershed. 22 (c) To increase water use efficiency in California so as to 23 contribute towards sustainable job growth and a vibrant economy 24 for the 21st century. 25 (d) To accomplish all of these goals in a manner that provides 26 the greatest flexibility to urban water suppliers, consistent with 27 protecting public health, preventing environmental damage, and 28 providing a decent home and satisfying living environment for 29 every Californian. 30 10662. The Legislature hereby finds and declares all of the 31 following: 32 (a) California's growing population, periodic and serious 33 drought conditions, and the need to protect California's fish and 34 wildlife resources require that Californians adopt reasonable 35 water efficiency measures that improve water supply reliability. 36 (b) Efficient water use provides significant energy and 37 environmental benefits, and has the potential to create new 38 sustainable well-paying "green- collar" jobs that cannot be 39 outsourced. 98 -9— SB 261 1 (c) Efficient water use includes the development of alternative 2 local sources of water supplies, such as stormwater, recycled 3 water, and desalinated water and treated water, that reduce the 4 demand for imported water. Efficient water use also encourages 5 multiple uses of water within a single watershed or region. 6 (d) Enhanced urban water management plans provide a useful 7 opportunity for urban water suppliers to improve water use 8 efficiency and water supply reliability, particularly in combination 9 with statewide oversight andstatefundingforpromisingprograms. ] 0 (e) Efficient water management in California requires that urban 1 1 water suppliers attempt to match water quality to the requirements 12 of each beneficial use. 13 )9 The Governor's call fora 20 percent reduction in statewide, 14 urban per capita water use is an important component of a 15 comprehensive package of water management strategies necessary 16 to ensure sufficient water supplies for California's residential and 17 commercial uses. 18 (g) The implementation of this goal should allow for flexible 19 implementation that provides for the option of regional or local 7.0 implementation. 21 (h) Meeting the statewide conservation goal should be pursued 22 in a manner that clearly recognizes all water use efficiency efforts, 2:3 including water recycling, stormwater capture, and cooperative 24 efforts among agencies. 25 (i) Existing, well - established water management planning 26 processes, including integrated regional water management plans, 27 should be utilized to provide for the most effective, cooperative, 28 efficient, and expedient progress toward the 20 percent statewide 29 goal. 30 (j) General statutory direction to state, regional, and local 31 implementing agencies should allow for implementation that 3'1. reflects the need to take into account unique local factors, including 33 housing density and lot sizes, climatic conditions, the mix of 34 commercial, industrial, and institutional uses, and year-to-year 35 weather changes. 36 (k) To date, statewide conservation data is inadequate for the 37 purpose of assessing past and ongoing conservation efforts. 313 Standardized data collection and analysis will provide the best 39 means for tracking progress toward the statewide conservation 98 SB 261 —10— 1 goal and ensuring accountability among local and regional 2 agencies. 3 (l) Goals pertaining to commercial and industrial uses should 4 recognize the very different commercial and industrial uses among 5 regions and local agencies and should not unreasonably combine 6 the factors of commercial uses and population. Progress toward 7 commercial and industrial water conservation can best be achieved 8 through the development of best management practices and local 9 and regional engagement with local commercial and industrial 10 operations. I 1 (m) Any per capita water use goals should be utilized in a fair, 12 appropriate, and productive manner at the statewide and regional 13 level and should be applied in a manner that accounts for the 14 unique factors associated with individual agency conditions. 15 (n) Water conservation and water use efficiency efforts should 16 be undertaken for the purpose of enhancing watershed 17 sustainability. 18 (o) Statutory revisions and administrative actions that provide 19 direction for the implementation of the urban water use 20 conservation goal should not be crafted in a manner that could 21 affect or imperil existing water rights. 22 10670. (a) Unless the context requires otherwise, the 23 definitions set forth in this section govern the construction of this 24 chapter. 25 (b) "C11" means the use ofwater in commercial, industrial, and 26 institutional settings. 27 (c) "Potable water" means raw water that, upon treatment 28 required to meet minimum safe drinking water standards, may be 29 delivered to retail customers for municipal and industrial uses. 30 (d) "Regional water management group" has the same meaning 31 as set forth in Section 10539. 32 (e) "Reporting agency" means either an urban water supplier 33 or a regional water management group acting on behalf of the 34 urban water suppliers within its boundaries, as authorized by 35 resolution of its governing board submitted to the department. 36 )) "Sustainable" means that an urban water supplier has 37 sufficient water to meet its customers' demands during normal, 38 dry and multiple dry years, as set forth in Section 10635, which 39 supplies are being provided in compliance with applicable laws 40 protecting the environment. 98 -11— SB 261 1 (g) "Water use efficiency" means the efficient use of water as 2 that term is defined in Section 10613 and includes all of the 3 following: 4 (1) A reduction in the quantity of water required for a purpose 5 described in Section 1011. 6 (2) A substitution ofa local source of water for water imported 7 to the watershed. 8 (3) The substitution or blending of recycled, desalinated water, 9 or treated water for or with potable water in compliance with 10 applicable law. i 1 (4) Making multiple uses of the same water within a region or 2 watershed. 13 (S) Substituting or blending waters of different quality so as to 4 better match the quality of water with the requirements of each 5 beneficial use. 16 10671. (a) The department, in cooperation with the Public 17 Utilities Commission, the Energy Commission, the State 18 Department of Public Health, and the board, and after consultation 19 with the California Urban Water Conservation Council, shall 20 jointly develop and manage a water use information program 21 referred to as the California Water Supply Database. 22 (b) Each urban water supplier, beginning no later than March 23 1, 2011, and annually thereafter, shall collect all of the following 2:4 data on its operations for the prior calendar year: 25 (1) The data included in the department's form 38, "Public 26 Water System Statistics." 2.7 (2) The total population within the urban water supplier's 28 service area, as determined by United States Census Bureau. 29 (3) The total quantities of stormwater, recycled water, treated :30 groundwater, desalinated seawater, water previously used within :31 the watershed, and other alternative sources of water that are :32 delivered to customers or stored either in surface reservoirs or :3:3 underground for future use. 34 (4) .Assuming not more than 70 gallons per capita per day of 35 indoor water use, the estimated quantity of water used for outdoor 36 landscape irrigation expressed as a percentage of reference 37 evapotranspiration for the urban water supplier's service area 38 based on historic C1MIS data as outlined in the State Landscape 39 Model Ordinance. 98 SB 261 —12— 1 (c) If metered data are not available for the purposes of 2 complying with subdivision (b), the urban water supplier shall use 3 its best estimate of requested quantities, using reasonable 4 professional methods, and shall provide a brief summary of the 5 methodology with the data. 6 (d) Wholesale urban water suppliers may, upon agreement of 7 the retail urban water suppliers in the wholesale urban water 8 supplier's service area, collect and report aggregate data from 9 retail urban water suppliers. 10 (e) The department shall complete the development of the i 1 California Urban Water Supply Database and make it available 12 to the public on the department's Internet Web site no later than 13 January 1, 2012. 14 0 The California Urban Water Supply Database Program shall 15 allow for the electronic submission and dissemination of water 16 supply data relating to all urban areas in California. The 17 department shall adopt guidelines for the submission of this data 18 no later than July 1, 2012. 19 (g) Each urban water supplier, beginning no later than March 20 1, 2013, and annually thereafter, shall electronically submit the 21 data described in this section for the prior calendar year to the 22 department for input into the California Urban Water Supply 23 Database. The data shall be incorporated into the urban water 24 supplier's subsequent urban water management plans. 25 (h) As part of the collection and submission of data pursuant 26 to this section, the urban water supplier shall provide an estimate 27 of the accuracy of the measurements of water deliveries and 28 identify known potential sources of error. 29 (i) Each urban water supplier may also submit an estimate of 30 the energy savings associated with the use ofstormwater, recycled 31 water, and other alternative sources ofwater as part of the annual 32 collection and submission of data pursuant to this section. The 33 department, after consultation with the Public Utilities 34 Commission, the Energy Commission, the State Department of 35 Public Health, and the board, may provide guidance to urban 36 water suppliers in calculating the energy savings. 37 6) Information collected and submitted to the department 38 pursuant to this section shall include a certification, executed 39 under penalty of perjury, by the general manager or chief executive 40 officer of the reporting agency that the report accurately and fairly 98 -13— SB261 I reflects activities within the reporting agency's service area during 2 the prior calendar year 3 (k) Each urban water supplier shall pay an annual reporting 4 fee to the department, imposed by the department, that shall not 5 exceed five thousand dollars ($5, 000). The fee shall be consistent 6 with all applicable legal requirements for imposing fees, including 7 the requirements set forth in Sinclair Paint Co. v State Board of 8 Equalization (1997) 15 Cal.4th 866. The department shall 9 randomly select 5 percent of the reports for an independent audit, 10 which shall be conducted by a firm or entity having expertise in 11 evaluating urban water efficiency. Each audit shall be subject to 12 peer review by a panel of experts selected by the Association of 13 California Water Agencies, the California Urban Water 14 Conservation Council, and the department if the reporting agency 15 so requests. 15 10672. (a) Each urban water supplier shall adopt and 17 commence the implementation of the applicable best management 18 practices identified by the California Urban Water Conservation 19 Council no later than December 31, 2012. 20 (b) Each urban water supplier shall develop and implement the 21 plans and reports described in subdivisions (1) and (m) of Section 7.2 10631, unless that urban water supplier engages in extraordinary 23 water use efficiency, defined as using less than 70 gallons per 24 capita per day for single family indoor residential use and less 25 than 70 percent of reference evapotranspiration as determined by 26 historic CIMIS data as outlined in the State Landscape Model 27 Ordinance. 28 (c) In calculating progress towards the targets established in 29 subdivisions (1) and (m) of Section 10631, "potable water" does 30 not include any of the following: 3.1 (1) The substitution ofa local source of waterfor water imported 32 to the watershed. 33 (2) Substitution or blending of recycled or desalinated water 34 or treated water for or with potable water in a manner that 35 complies with minimum safe drinking water requirements, if 36 applicable. 37 (3) .Making multiple uses of the same water within a region or 38 watershed, to the extent that the agency can demonstrate, based 39 on substantial evidence, that the water used by the agency is also 40 used by other urban water suppliers in the watershed. 98 SB 261 —14— 1 (d) (1) If an urban water supplier fails to meet an interim 2 milestone identified in its plan to meet either the 2020 or 2030 3 targets described in subdivisions (1) and (m) of Section 10631, it 4 shall report its failure to the department on the following March 5 1. 6 (2) The urban water supplier, within 90 days thereafter, shall 7 submit a plan to the department to meet the next interim milestone. 8 If the urban water supplier fails to meet that interim milestone, it 9 is ineligible for funding from the state awarded or administered 10 by the department, the board, or the California Bay -Delta Authority 11 until the urban water supplier satisfies an interim milestone in a 12 timely manner; provided that the urban water supplier shall have 13 a minimum of two years from the date on which it submits the plan 14 to the department to meet the next interim milestone. 15 (3) The department shall maintain a registry of urban water 16 suppliers that have failed to meet interim milestones and a registry 17 of urban water suppliers that are ineligible for funding from the 18 State of California for failure to make appropriate progress 19 towards the water use efficiency targets. 20 (e) Each urban water supplier, no later than December 31, 21 2012, shall adopt and commence the implementation of those best 22 management practices recommended by the task force described 23 in Section 10674 that the urban water supplier, after consultation 24 with CII organizations within its service area, determines can be 25 feasibly implemented inside its service area to contribute to the 26 statewide goal of reducing CII water use to the extent 27 recommended by the task force. 28 10673. (a) Regional water management groups may submit 29 data to the California Urban Water Supply Database as required 30 by Section 10671 on behalf of member urban water suppliers 31 according to the schedule that applies to individual urban water 32 suppliers. The data may be aggregated for the entire area served 33 by the regional water management group but shall also provide 34 data for each urban water supplier. 35 (b) A regional water management group, by resolution of its 36 governing board that is submitted to the board and the department, 37 may elect to report progress towards the water use efficiency 38 targets set forth in Section 10631 and to implement the 39 requirements of Section 10672 as ifthe regional water management 40 group were a single organization. In that case, the data required 98 -15— SB261 I by Section 10631 shall be submitted both for each member urban 2 water supplier and for the regional water management group as 3 a whole but the board shall only calculate progress towards the 4 water efficiency targets for the regional water management group 5 as a whole. 6 (c) Notwithstanding any other provision of law, the board or 7 the department, as applicable, shall award regional water 8 management groups preference points equal to 20 percent of the 9 total available points in any competitive grant program 10 administered by the board or the department. Thepreferencepoints 1 I awarded under this section shall only be awarded if the projects 12 that would be funded are identified in the integrated regional water 1:3 management plan adopted by the regional water management 14 group. 1.5 (d) Notwithstanding any other provision of law, rural 16 communities and disadvantaged communities shall be eligible to 17 receive preference points equal to the maximum preference points 18 allocated by either the board or the department pursuant to 19 subdivision (c). 20 10674. (a) The board and the department, no later than April 21 1, 2010, shall convene a taskforce consisting of experts to develop 22 best management practices for the CII sector that are intended to 2:3 result in a statewide target of at least a 10 percent reduction in 2/1 potable water use in the CH sector by 2020 as compared to 25 statewide water use in 2000. 26 (b) The task force shall be composed of representatives of the 27 board, the department, urban water suppliers located in all of the 28 regions used as part of the California Water Plan task force, trade 29 groups representing the CH sector, and environmental groups. 30 Members of the task force shall be selected by the director, after 31 consultation with the chairperson of the board. Operations of the 37. task force may be funded by the participants, or by the California 33 Urban Water Conservation Council. The task force shall submit 34 a report to the board and the department no later than April 1, 3 5 2011. The director, after consultation with the chairperson of the 36 board, may designate a chairperson of the task force. Any 37 recommendation of the task force shall be endorsed by all 38 participants. 39 (c) The task force report shall include a discussion of at least 40 the following subjects: 98 SB 261 —16— 1 (1) Metrics that are appropriate for use in evaluating the use 2 of water in the CII sector. 3 (2) An evaluation of the appropriate quantities of water needed 4 for cooling in manufacturing processes. 5 (3) An evaluation of the appropriate quantities of water needed 6 as an ingredient in manufactured goods or for use in the 7 manufacturing process. 8 (4) The cost - effectiveness of water use efficiency measures in 9 the CII sector. 10 (5) An evaluation of the potential use of stormwater, recycled 11 water, treated water, desalinated water, or other alternative 12 sources of water in the CII sector, together with appropriate credits 13 for that use. 14 (6) An evaluation of the manner in which regional projects 15 could provide significant supplies of stormwater, recycled water, 16 treated water, desalinated water, or other alternative sources of 17 water to the CII sector. 18 (7) An evaluation of the need for offsite public infrastructure 19 to provide significant supplies of stormwater, recycled water, 20 treated water, desalinated water, or other alternative sources of 21 water to the CII sector. 22 (8) The economic viability of any proposals developed by the 23 task force and whether these proposals would create sustainable 24 "green- collar "jobs. 25 (9) An evaluation of institutional and economic barriers to 26 increased water use efficiency in the CII sector. 27 (10) An evaluation of whether it is feasible to reduce water use 28 in the CII sector by at least 10 percent by 2020 and, if the reduction 29 isfeasible, whether that reduction would be in the public interest. 30 (11) The identification of appropriate best management 31 practices that should be implemented in order to achieve a feasible 32 reduction in water use in the CII sector that is consistent with the 33 public interest. 34 (c) The task force report shall also evaluate the feasibility and 35 cost - effectiveness of encouraging commercial, industrial, and 36 institutional facilities to implement best management practices 37 that can readily be transferred from the residential setting to 38 commercial or institutional settings, including the use of 39 high-efficiency toilets, lowflowshowerheads, "smart " irrigation, 40 controllers, and climate- appropriate landscaping. 98 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 .:5 M 37 38 ;',9 -17 — SB 261 10675. (a) Any improvements in water use efficiency included in this program shall be considered to be water conservation subject to the protections of Section 1011. (b) Data relating to water use efficiency and reports prepared pursuant to this chapter shall not be admissible as evidence that any person has failed to comply with Section 2 of Article X of the California Constitution or Section 100. The data and reports shall not be used as part of any action by the department or the board pursuant to Section 275. (c) An urban water supplier's failure to meet any interim milestone towards the 2020 or 2030 water use efficiency targets established in subdivisions (1) and (m) of Section 10631 or to meet either the 2020 or 2030 water use efficiency targets established in those subdivisions shall not be admissible as evidence that any person has failed to comply with Section 2 of Article X of the California Constitution or Section 100. The failure to meet these milestones or targets shall not be used as part of any action by the department or the board pursuant to Section 275. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. &EGTION 1. The Legislature finds and deelares all of th-e €elkjwing- (a-)- G statewide, 98 SB 261 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 .:,..:.: -18- A 4.1 Water Cossservatzosz and Water lUse 30fficzeiicy While California has made great strides in water conservation and efficiency in recent years, the collective impacts of drought,climate change, increased population demands, court ordered supply reductions and potential natural disasters make it clear that all water users will have to do much more in coming years. The Association of California Water Agencies is adopting these Policy Principles to help frame the key issues that must be addressed and institutionalized to realize the significant forward progress that Californians must make to address the challenges before us. The terms "water conservation" and "water use efficiency "are often used interchangeably, but are considered by some to have different meanings. "Water use efficiency" as used here means using water more efficiently to reduce water demand for a given set of beneficial uses. The term "water conservation" is used to mean any reduction in applied water use. These Policy Principles are interdependent and each is an indispensible part of a comprehensive water use efficiency policy. These Policy Principals should be understood in reference to and in the context of the ACWA Blueprint and other applicable ACWA Policy Principles. 1. Importance of Water Conservation and Water Use Efficiency. Water conservation and water use efficiency are central elements of the state's strategy to enhance water supply reliability, restore ecosystems, and respond to climate change and a growing population. While much has been accomplished in the past, significant increases in water conservation and water use efficiency will be required to assure reliable water supplies in the future. 2. The 20 x 2020 Goal. ACWA supports the Governor's statewide goal to reduce per capita water use 20 percent by 2020, which translates into a statewide aggregate of 1.74 million acre -feet of additional conserved water, through the implementation of measures consistent with these principles throughout the state toward accomplishment of this goal. ACWA understands that a proposed 20 percent per capita water use reduction goal is an aggregate statewide goal. ACWA intends to work with the water industry, state agencies, and other stakeholders to create a policy framework and sound technical methodology that will effectively assure that the goal of reducing statewide per capita water use is achieved. 3. Statewide Effort. Accomplishing water conservation and water use efficiency goals will require statewide action by all water users, including residential, commercial, industrial and agricultural water users, local and regional planning agencies state and federal agencies, chambers of commerce, and business, commercial and industrial professional and trade associations. 4. Comprehensive Solutions. Water conservation and water use efficiency must be part of a comprehensive solution that includes local resource development and infrastructure improvements, including storage and conveyance, as part of a statewide system that promotes economic and environmental sustainability. Reducing water use where appropriate and using water as efficiently as practicable is essential, but cannot in themselves accomplish the coequal objectives of water supply reliability and ecosystem recovery. 5. Local Management. ACWA believes that water conservation 6. Monitoring, Reporting, and Accountability. ACWA supports the implementation of programs to assure prudent measurement and monitoring of water use to provide accountability and transparency toward the accomplishment of water conservation and water use efficiency goals. Water Management Plans for both agricultural and urban agencies should be updated regularly and provide quantitative and transparent information on water conservation and water use efficiency programs. ACWA supports the use of volumetric pricing for urban and agricultural water wherever appropriate. 7. Incentive -Based Programs. Water conservation and water use efficiency programs that rely on incentives, such as conservation credit programs or pricing mechanisms, or model practices,will be far more effective and permanent than those based on the enforcement of mandates by the state or other entity. 8. Basin -Wide Approach. Improvements in water use efficiency should be considered from a basin -wide perspective. Water use efficiency actions should focus on reducing irrecoverable water losses while reasonably supporting beneficial uses in the basin. Water use efficiency actions that reduce recoverable losses should address and mitigate any redirected impacts within the basin. Water use efficiency measures may have both direct and water use efficiency programs will only be successful if local water agencies, which are overseen by locally - elected s officials, are responsible for designing and implementing them. Many water agencies in California face the prospect v'. of diminishing supplies and growing demands, and they are accountable to their customers and to regulatory agencies to make focally cost - effective decisions to provide reliable water supply in a manner that protects the environment. Water conservation and water use efficiency programs are indispensable tools in meeting these goals. 6. Monitoring, Reporting, and Accountability. ACWA supports the implementation of programs to assure prudent measurement and monitoring of water use to provide accountability and transparency toward the accomplishment of water conservation and water use efficiency goals. Water Management Plans for both agricultural and urban agencies should be updated regularly and provide quantitative and transparent information on water conservation and water use efficiency programs. ACWA supports the use of volumetric pricing for urban and agricultural water wherever appropriate. 7. Incentive -Based Programs. Water conservation and water use efficiency programs that rely on incentives, such as conservation credit programs or pricing mechanisms, or model practices,will be far more effective and permanent than those based on the enforcement of mandates by the state or other entity. 8. Basin -Wide Approach. Improvements in water use efficiency should be considered from a basin -wide perspective. Water use efficiency actions should focus on reducing irrecoverable water losses while reasonably supporting beneficial uses in the basin. Water use efficiency actions that reduce recoverable losses should address and mitigate any redirected impacts within the basin. Water use efficiency measures may have both direct and indirect benefits, both in and out of the basin. Actions that reduce applied water use but do not result in net water supply benefits to the water basin may bejustified if they can be shown to advance other local policy objectives, including stream flow, water quality, ecosystem restoration, energy, or flood control. 9. Protect Water Rights. Implementation of water conservation and water use efficiency programs must be consistent with existing state law in that the act of conservation cannot be allowed to undermine the water rights of the entities implementing the water conservation or water use efficiency program, or interfere with existing water conservation or water use efficiency projects. State policy should affirm that undertaking aggressive water conservation and water use efficiency will preserve, not diminish, water rights. The intent of this principle is to ensure that water agencies and water users in the basin implementing water conservation and water use efficiency actions benefit from those actions and are not harmed by measures that may provide benefits outside the basin. 10. One Size Does Not Fit All. Water conservation and water use efficiency programs must have the flexibility to adjust to widely varying local circumstances. One size does riot fit all and a policy based on this premise will fail. ACWA opposes imposition of uniform statewide water use standards or water use reduction targets. Effective water conservation and water use efficiency programs must be responsive to local circumstances, including changing water supply sources, water uses and demands, and water reliability challenges. '111. Urban Water Conservation and Water Use Efficiency. In urban areas, ACWA advocates the implementation of residential and commercial retrofit programs, innovative pricing strategies, water efficient landscaping, including implementation of urban Best Management Practices (BMPs) specified by the California Urban Water Conservation Council's (CUWCC) Memorandum of Understanding (MOU). ACWA supports continued improvements to the BMPs as a tool for enhancing water conservation and water use efficiency. Where appropriate, ACWA advocates additional measures consistent with these principles to advance local water supply reliability goals and to help achieve the statewide 20x2020 goal. '12. Agricultural Water Use Efficiency. In agricultural areas, ACWA advocates incentive - based programs to implement the Agricultural Water Management Council's (AWMC) Efficient Water Management Practices (EWMP's). ACWA supports continued _ +.;±tY:,k,r'' ":`;txc• -` improvements to the EWMPs as a tool for enhancing agricultural water use efficiency. Where appropriate, ACWA also advocates additional measures (including exploration of innovative water pricing mechanisms) consistent with these principles that will result in reduced system losses when a net savings 4 = to the system results. The overriding goal is to achieve more- efficient water management than currently exists to meet local water supply reliability goals and assist in statewide water 4 management. �;4x .Y;� 13. Local Water Resource Development. Increasing water reuse (recycling), cleaning -up polluted or otherwise unusable groundwater, and desalination and development of stormwater recharge and water banking facilities can be critical components of a comprehensive water use efficiency program by increasing local water supplies and reliability. Water that is locally - developed through recycling, desalination or other reuse from water sources should be credited toward local water use reduction goals. 14. State and Federal Support. The state and federal governments should provide technical assistance where appropriate, financial assistance through bond funds, appropriations, and other sources to encourage water conservation and water use efficiency practices. ACWA supports removing regulatory and other constraints that unnecessarily impede local resource development and promote policies to encourage such development. 15. Public Outreach and Education. Successful water conservation and water use efficiency programs require extensive public outreach and education. Reducing usage will require significant changes in water use behavior, which must be marketed by outstanding public outreach and education programs. ACWA and its member agencies remain committed to these programs and will aggressively promote water conservation and water use efficiency consistent with these principles. �— N - SHf TURNS' OFF THE WATER WHILE BRUSHING HER TEETH, mr . You ii never miss i until +ti ntil It "s gone. vlfater. Save it or Lose ft +mvw:2o9eibnr.Matlsn�e cc?ri ='-. rer rnwwr W1'.i'ERSAVfHBNER4car 4-J V Co 4-J ro L.L bk) 4-J Vi Cif 4-J UP L. C, D cr cz �o > > ro $- 4,J mr (NI rx ri N-4 ro V) (NI rx ri N-4 co N F- bJ c L W Qo Q W LJJ N -j W E a E N fu Q O O > m m 0 N J W m LA V w �. U N-C p c 0 u p tap L cn v_ cB tv -a C (1) w U . . 7 x C C J ri �I W A W > WA v M ■ N 0 +-J EL ' Q M �il. Sul N v odd cu E W O a I J I u I bA E ca ._� U L Q aW u CU L �.. 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F 916.231.4111 Mmirnrzmg Risk Toll -free 800.537.7790 Toll free 877.924.CSDA(2732) w .sorma.org Notification of Nomination - 2009 Election SDRMA Board of Directors March 12, 2009 Mr. Kip Spurgeon Board President East Valley Water District Post Office Box 3427 San Bernardino, California 92413 Dear Mr. Spurgeon: €r \I[: Notice of Nominations for the Special District Risk Management Authority (SDRMA) Board of Directors September 2.009 Election is being provided in accordance with the SDRMA Sixth Amended and Restated Joint Powers Agreement. The following nomination information is enclosed: Director Information Fact Sheet, Nomination /Election Schedule, and SDRMA Election Policy No 2007 -06. General Election Information - Four (4) Directors seats are up for election. Nomination filing deadline is Wednesday, June 10, 2009. Ballots will be mailed to all SDRMA member agencies during the last week of June. Mail -in ballots will be due September 10, 2009. Nominee? Qualifications - Nominees must be a board member or full -time management employee and be an active member agency of either SDRMA's property and liability or workers' compensation programs. Candidates must be nominated by resolution of their member agency's governing body. Candidates must complete and submit a "Statement of Qualifications ". Nomination Documents and Information - Nomination documents (Nominating Resolution and Candidates Statement of Qualifications) and nomination guideline information may be obtained on SDRMA's website at www.sdrma.org. To obtain documents electronically: W. 5.11H Am I From the SDRMA homepage, click on the '2009 Nomination and Election Information" button located IBM on the left side of the web page just below Member Log -in. All necessary nomination documents and election information maybe downloaded and printed. Nomination documents and election information may also be obtained by contacting SDRMA SR.Member Services Representative Ellen Mirabal Doughty at 800.537.7790. Term of Office — Directors are elected to 4 -year terms. The term of office for the newly elected Directors will begin January 1, 2010 and expire December 31, 2013. /Vomination Filing Deadline — Nomination documents must be received in SDRMA's office no later than 5:00 P.M. on Wednesday, June 10, 2009. Please do not hesitate to contact me at 800.537.7790, if you have any questions regarding the 2009 SDRMA Board of Director Nominations and/or the election process. Sincerely, Special District Risk Management Authority S ��AGwLJ� -- J as W. Towns, ARM hief Executive Officer An alliance committed to serving California Special Districts Association CSDA Finance Corporation California s ioderter4ent -Secret oieloots 1112 1 Street. Suite 200 1112 I Street. Sire 200 evw allspe,oaldertncte corn Sacramento. California 958142865 Sacramento, California 95814.2865 Toll free 877.924.CSDA(2732) Toil -free 877 924.CSDA (2732) Fax 9164427889 Fax 916.442.7889 Attachment One SORMA BOARD OF DIRECTOR ROLE AND RESPONSIBILITIES SDRMA Special District Risk Management Authority I n Property. Liability. Workers Compensation and Health Benefits',ogram FACT SHEET SDRMA 13OARD OF DIRECTORS ROLE AND RESPONSIBILITIES Special District Risk Management Authority (SDRMA) is a public entity Joint Powers Authority established to provide cost - effective property, liability and worker's compensation coverages and comprehensive risk management programs for special districts and other public agencies and providers of municipal services throughout California. SDRMA is governed by a Board of Directors elected from the membership by the programs' members. Number of Board Members 7 -Board Members: SDRMA Board of Directors consists of seven (7) Board Members, who are elected at -large from members participating in either program. Board of Directors' Role SDRMA Board of Directors provide effective governance by supporting a unified vision, and ensuring accountability, setting direction based on SDRMA's mission and purpose, as well as establishing and approving policy to ensure SDRMA meets its obligations and commitment to its members. Board Member Board Member responsibilities include a commitment to: serve as a part of a unified Responsibilities governance body; govern within Board of Directors' policies, standards and ethics; commit the time and energy to be effective; represent and make policy decisions for the benefit, and in the best interest, of all SDRMA members; support collective decisions; communicate as a cohesive Board of Directors with a common vision and voice; and operate with the highest standards of integrity and trust. Four (4) Seats 4- Seats: Elections for Directors are staggered and held every two years, four seats For this Election during one election and three seats in the following election. Four seats are up for election this year. Term of Directors 4 -Year Terms: Directors are elected for 4 -year terms. Terms for directors elected this election begin January 1, 2010 and end on December 31, 2013. Board Member Travel Board Members are reimbursed for reasonable travel and lodging in accordance Reimbursement with SDRMA Board Policy Manual 2006 -04 and applicable laws. Number of Meetings per Year 12 -Board Meetings Annually: Generally not more than one (1) meeting per month, with an average of nine (9) meetings per year. Meeting Location SDRMA office in Sacramento, California. Meeting Dates Typically the first or last Wednesday of each month (overnight stay recommended the night prior to the meeting). Meeting Starting Time 8:30 a.m.: Meetings begin promptly. Meeting Length 6 - 8 hours: Length of meetings on average. Average Time Commitment 15 - 20 hours: Commitment per month. 'The mission of Special District Risk Management Authority is to provide renewable, efficiently priced risk financing and risk management services through a financially sound pool to CSDA member districts, delivered in a timely, cost efficient manner, responsive to the needs of the districts." Special District Risk Management Authority 1 1112"1 Street, Suite 300 1 Sacramento, CA 95814 Toll Free: 800.537.77901 www.sdrma.org Anachmont Two 2009 ELECTION SCHEDULE SDRMA BOARD OF DIRECTOF SDRMA Special UsIrQ Risk Mar agemem Autihorl'y i A Properly. Liability. Workers Co.npeni aUCn aco Health Benafits Program ILl1 inn Orl@ rl m@ Mild (I) in N`1@ ,N I IN ■11@ db�a mm� 6{IB IT, Bf:D rl a, D rM1 srL Qrl rI) ,rlo I�IAt �C6ll CID lnlii n O C y E i O � � o `g E w c v c E $ C m E c c c v B f n v v v 0 0 o a A M Q yO w W N M c 0 � m rn y C $ n n n m m L .o E 2 ° ° n S C N (V C T 0 0 n O C y E i O � � o `g E w c v c E $ C m E c c c v B f n v v v 0 0 o a A M Q M M w ,• � C N N y O O C N (V • 3 � ^ a N N • w � � f N O N P N � M h Q Npp N M 3 M ° N v V k M v N N v w rn E N g ° •• O C N d m 3 P z N n O C y E i O � � o `g E w c v c E $ C m E c c c v B f n v v v 0 0 o a ` � O u w ,• � C N N y O O C N (V • 3 � ^ a N N • w � � f n O C y E i O � � o `g E w c v c E $ C m E c c c v B f n v v v 0 0 o a d ` � O u w ,• � C O O C N (V • 3 � ^ a N N • w � � f N O N P N � M 3 M ° N v V k M v N N v w rn E N g ° •• O C N d m 3 P z P N S a 3 Q ^ M N y v N d ` � O w ,• � C O O C N (V • 3 � ^ a N N • w � � f w o � M 1� -E Np N v V k M v N N v w rn E N g ° •• O C N d m 3 P z P N S a 3 o a Z y v N N > m P O �O MM IS O � b° m a m o m d M ki it v ` W � Z O O C N (V • 3 o ^ � N N • w N M 1� Q Np N u O M N N N N N 3 M N P N N N N P O �O MM d M ki it v ` W � Z O O C ° o o w M 1� Q Np N u O M N N N N Attachment Three SORMA BOARD OF DIRECTORS ELECTION POLICY NO. 2007-06 SDRMA Specie) Qisdcl Risk Management Authority! A Pmpertp. Liebiiity, Workers' Compensation anu Heath Gansfi!E Program No. 2007 -06 W M1.1 A POLICY OF THE BOARD OF DIRECTORS OF SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY ESTABLISHING GUIDELINES FOR DIRECTOR ELECTIONS, DIRECTOR APPOINTMENTS, AND CREATION OF A SUPERVISING ELECTION COMMITTEE WHEREAS, SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY (SDRMA) is a joint powers authority, created pursuant to Section 6500, et. seq. of the California Government Code; and WHEREAS, the Board of Directors recognizes that it is in the best interest of the Authority and its members to adopt a written policy for conducting the business of the Board; and WHEREAS, establishing guidelines for the Director elections will help ensure a process that is consistent for all nominees and candidates, will promote active participation by SDRMA members in the election process, and will help ensure election of the most qualified candidate(s); and WHEREAS, the Bylaws provide the Board with the option of conducting the election using a mail -in ballot process; and WHEREAS, the Board of Directors of SDRMA has an overriding and compelling interest in insuring the accuracy of the election process of its Board members through the creation of an election committee; NOW, THEREFORE, it is the policy of the Board of Directors of SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY, until such policy shall have been amended or rescinded, that the following procedures shall be followed when conducting Director elections: 1.0 Election ScLh2dule 1.1 Not later than January of each election year, the Board of Directors shall approve an election schedule based on the following criteria and time frames. 2.0 Election Committee 2.1 The Board of Directors herein establishes an election committee with the following composition, duties and responsibilities: The five (5) members of the Election Committee shall include two presently sitting members of the Board of Directors of SDRMA whose seats are not up for election, the Chief Financial Officer of SDRMA, and the CPA/auditor regularly used and retained by SDRMA at the time of counting ballots of and for an election to the Board of Directors. For good reason found and stated, the Board of Directors of SDRMA may appoint any CPA/auditor who, in the discretion of the Board of Directors, would appropriately serve the Election Committee. The General Counsel for SDRMA shall also sit as a member of the Election Committee with the additional obligation of providing legal advice to the balance of the Committee as legal questions may arise. 3.0 A4ember Notification of Election 3.1 Authority staff shall provide written notification, of an election for the Board of Directors, to all member agencies during March of each election year. Such written notification shall be provided a minimum of ninety (90) days prior to the distribution of ballots and shall include: (1) the number of Director seats to be filled by election; (2) a copy of this nomination and election procedure; and (3) an outline of nomination /election deadline dates. Special District Risk Management Authority Page 1 of 5 Director Election Guidelines January 30, 2008 Policv No. 2007 -06 SDRMA 4.0 Qualifications 4.1 Candidates seeking election or re- election to SDRMA's Board of Directors must be a member of the Governing Body or a full -time management employee (as determined by the Governing Body) of an SDRMA member. Only one (1) representative from any Member may serve on the Board of Directors at the same time. (Per Bylaws, Article II, (2) (b)] 4.2 Each nominated candidate must submit a properly completed and signed "Statement of Qualifications" (required form attached) on or before the filing deadline in June in order for the candidate's name to be placed on the official ballot. A candidate shall provide responses to the first three questions on the candidate's "Statement of Qualifications ". However, a response to the fourth section titled General Comments /Statements is optional. Each nominated candidate's "Statement of Qualifications" must be filed on or before the aforementioned deadline by (1) personal delivery to SDRMA's office; or (2) by U.S. mail received by the SDRMA office. When ballots are mailed to the membership, each candidate's "Statement of Qualifications" form will be distributed to the membership exactly as submitted by the candidate to SDRMA. However, any attachments submitted by the candidate(s) with the Statement of Qualifications will not be sent by SDRMA with the ballots to any members. 4.3 If a nominated candidate elects not to use the provided form "Statement of Qualifications," and prepares instead the candidate's own completed form, the candidate's form must include the title "Statement of Qualifications" and contain exactly all information required and requested by the provided form. NOTE: The candidate's "Statement of Qualifications" form must be submitted as a part of the nominating process. When ballots are mailed to the membership, each candidate's "Statement of Qualifications" form will be distributed "exactly as submitted" to SDRMA, except that any attachments submitted by the candidate will not be sent to any SDRMA members. 4.4 A candidate that does not submit a Candidate's Statement of Qualifications which complies with Section 4.2 or 4.3 will be disqualified by the SDRMA Election Committee. 5.0 Nominating Procedure 5.1 Candidates seeking election or reelection must be nominated by action of their respective Governing Body. Only one (1) candidate may be nominated per member agency. A resolution from the candidate's districtagency Governing Body nominating the candidate must be received by the Authority on or before the scheduled date in June. (A sample of the resolution is enclosed). Actual receipt by the Authority on or before the scheduled deadline date in June is required. The resolution nominating the candidate may be hand- delivered to the Authority or sent by U.S. mail. 5.2 The Election Committee, as heremabove defined and comprised, shall review all nominations received from members and will reject any nominations that do not meet all of the qualifications specified and set forth in this policy. Following the Election Committee's review of all nominations, the Election Committee shall direct that a ballot be prepared stating and listing all of the qualified nominees. The ballot of qualified nominees shall be distributed to the membership for election by mail as described below. 5.3 Upon verification or rejection of each nominee by the Election Committee, staff will mail acknowledgment to both the nominee and the district/agency of their acceptance or rejection as a qualified nominee for election. 5.4 A nominee requesting that his /her nomination be withdrawn prior to the election, shall submit such requests in writing to SDRMA's office a minimum of three (3) days prior to the scheduled date for mailing the ballots. After that date, all qualified nominees names shall appear on the ballot mailed to the membership. Special District Risk Management Authority Page 2 of 5 Director Election Guidelines January 30, 2008 Ak Policv No. 2007 -06 SDRMA 6.0 Cam�Mi nin 6.1 SDRMA staff will mail each qualified candidate's "Statement of Qualifications ", "exactly as submitted" by the candidate with the ballots to the membership. 6.2 Candidates, at their own expense, may distribute additional information to member agency(s) after the ballots have been mailed and prior to the election. 6.3 SDRMA staff is prohibited from actively promoting a candidate or participating in the election process while on Authority premises. 6.4 SDRMA staff may provide member information, mailing lists, financial reports or operational data and information, that is normally available through the Public Records Act, to candidates to assist them in their research and campaigning. Under existing policy, copying or other charges will apply to some requested items. 6.5 Election mailings to the membership, including ballots and candidates' "Statements of Qualifications ", shall be sent via first class mail. 7.0 Ballolmg 7.1 A ballot containing nominees for the Board of Directors, accepted and approved by the Election Committee, shall be mailed by first class mail, to each SDRMA member agency, except as provided in Section 7.2 below, no less than sixty (60) days prior to the deadline for receiving ballots and the closing date for voting. Ballots shall show the date and time the ballots must be received in SDRMA's office. A self- addressed, stamped, return envelope shall be mailed with each ballot. 7.2 In the event that the number of qualified /approved nominees is equal to or less than the number of director seats up for election, the mailing of the ballots as outlined in Section 7.1 shall be waived. 7.3 Only those qualified nominees approved by the Election Committee will be eligible candidates on the ballot. Write -in candidates shall not be accepted. 7.4 It is required that the Governing Body of each member vote on behalf of their agency (sample Resolution enclosed) and the ballot MUST be signed by the agency's Presiding Officer. 7.5 A member may not vote unless the member was a member of the Authority in good standing on or before the nomination due date for the pending election. 7.6 A member may cast only one (1) vote for the same candidate. By way of example, if there are four (4) candidates on the ballot, a member may not cast two (2) to four (4) votes for any single candidate. Any ballot casting more than one (1) vote for the same candidate will be considered void. 7.7 A member may vote by using the official ballot provided by SDRMA, or a copy of SDRMA's original ballot, or a reasonable duplicate prepared by the member agency. Whichever of the three foregoing formats is used, the ballot must contain an original signature and confirmation that the ballot was approved at a public meeting of the agency's Governing Body. Ballots submitted without an original signature and /or without confirmation that the form of the ballot was approved at a public meeting of the agency's Governing Body will be considered void. 7.8 Ballots may be returned using either hand - delivered or mailed in ballots - faxed or e- mailed ballots will not be accepted. Mailed in ballots must be addressed to, and hand - delivered ballots must be delivered to, the Soecial District Risk Management Authority office presently located at 1112 1 Street, Suite 300, Sacramento, California 95814 -2865. 7.9 Any ballot received after the specified deadline will not be counted and will be considered void. Special District Risk Management Authority Page 3 of 5 Director Election Guidelines January 30, 2008 A Policv No. 2007 -06 SDRMA 8.0 Election Results 8.1 All ballots will be opened and counted at SDRMA's office only after the deadline for receiving ballots. Ballots will be opened by SDRMA's Election Committee, no more than five (5) days after the closing deadline. Candidates receiving the highest number of votes shall be declared the elected director(s). 8.2. In the event of a tie, a coin toss shall be used to determine the elected director. The coin toss shall be conducted by the Election Committee at the time and place of the conclusion of counting ballots. PROCEDURE: In the event more than two (2) candidates tie, the coin toss shall be between two (2) candidates at a time based on the order in which their name appeared on the ballot. This process shall be repeated, as needed, in cases where there are more than two (2) candidates. 8.3. Excluding tie votes, within five (5) days after the ballots are opened and tabulated Authority staff shall advise the candidates and their respective agency in writing of the final election results. Copies of the results shall also be mailed /distributed to SDRMA's Board of Directors, staff and consultants and published in the first available CSDA newsletter. 8.4. If a director -elect withdraws after the election or fails to accept the Director seat prior to December 31, the Board shall name a new director -elect by going back to the ballot and awarding the seat to the candidate receiving the next highest number of votes during the election. 8.5. In the event a director vacancy(s) occurs after the date specified in Section 8.4 above, such appointment, will be made by the remaining members of the SDRMA Board. In order to accomplish this in an orderly and consistent manner, when a vacancy(s) of an elected Director(s) occurs, the SDRMA Board of Directors, after discussion and consideration, shall, when deemed appropriate, instruct staff to: a) notify all then member entities that a vacancy has occurred, and b) said notice shall refer to the applicable Article in the By -laws in advising member entities and their eligible candidates of the steps to take to apply for appointment; and c) the SDRMA Board shall establish the closing date for the receipt of applications; and d) candidates shall submit the following, by the date specified in the notice: i) a letter of interest, and ii) a resume, with particular emphasis on the candidates knowledge of special districts and risk- management, and iii) a resolution from, or a letter approved by, the cand'idate's Governing Body nominating the candidate., and e) candidates shall be interviewed at the next regularly scheduled meeting of the SDRMA Board of Directors following the date of closure for applications; and f) the SORMA Board shall make the appointment without undue delay, but need not act at the same meeting. 8.6. A member or candidate, dissatisfied with the election result may, within ten (10) days after the ballots are opened and tabulated, file with the Authority a written challenge and appeal. The challenge and appeal must clearly set forth the complaint and any and all facts in support of the challenge and appeal. Within ten (10) days after the ballots are opened and tabulated, the challenge and appeal shall be delivered and received by the Authority. Within five (5) days of receipt of the challenge and appeal, the Authority shall deliver the same to the Election Committee for decision. The Election Committee shall have absolute authority for deciding the challenge and appeal. Notice of the decision of the Election Committee shall be provided to the party filing the challenge and appeal within ten (10) days. 9.0 Director(s) Elect 9.1 Staff shall invite newly elected directors) to attend the Annual Membership meeting and all scheduled Board meeting(s) after confirmation of election results until the director(s) elect assume office. Director(s) elects will be reimbursed for expenses, except for director stipends, in accordance with approved director reimbursement policy (copy of policy shall be provided to newly elected directors). Special District Risk Management Authority Page 4 of 5 Director Election Guidelines January 30, 2008 No. 2007 -06 /01h" ,SDRMA Revised and adopted this 301" day of January 2008, by the Board of Directors of Special District Risk Management Authority, at a regular meeting thereof. This policy rescinds existing Policy No. 2005 -02 and all other policies inconsistent herewith. APPROVED: ten S lrksen, President Board of Directors ATTEST: .'� Jam4s W. Towns, ARM d.etiief Executive Officer Special District Risk Management Authority Page 5 of 5 Director Election Guidelines January 30, 2008 Attachment Four SAMPLE RESOLUTION FOR CANDIDATE NOMINATION Available for download In Microsoft Word His format visit our website at www.sdrma.org SDRMA Specia� District Risk Management Authonty I A Propene. LaDtliry, Wcrsers Compensaticn and Health Benoit; Prc?ram [AGENCY NAME] RESOLUTION NO. A RESOLUTION OF THE GOVERNING BODY OF THE [AGENCY NAMEI NOMINATING (CANDIDATE'S NAME I AS A CANDIDATE FOR ELECTION TO THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY BOARD OF DIRECTORS WHEREAS, the Special District Risk Management Authority ( SDRMA) is a Joint Powers Authority formed under California Government Code, Section 6500 et.seq., for the purpose of providing risk management and risk financing for California Special Districts and other local government agencies; and WHEREAS, the Joint Powers Agreement (JPA) and Bylaws of SDRMA set forth director qualifications, terms of office and election requirements; and WHEREAS, the Board of Directors of SDRMA established procedures and guidelines for the Director Election process; and WHEREAS, the Board of Directors of SDRMA established a policy requiring candidates seeking election to the SDRMA Board of Directors to be: 1) a board member or full -time management employee and be an active member agency of either SDRMA's property and liability or workers' compensation programs, and 2) nominated by resolution of their member agency's governing body, and 3) each nominated candidate must submit a completed and signed "Statement of Qualifications" on or before the filing deadline in June in order for the candidate's name to be placed on the official ballot. NOW, THEREFORE, BE IT RESOLVED the governing body of [AGENCY NAME] nominates ICANDIDATE' S NAMEI its [POSITION TITLE], as a candidate for the Board of Directors of the Special District Rick Management Authority; and further directs that a copy of this resolution be delivered to SDRMA on or before the June 10, 2009 filing deadline. ADOPTED this (DATE] of following roll call votes: by the Governing Body of [AGENCY NAME] by the AYES: [LIST NAMES of GOVERNING BOARD VOTESI NAYS: " ABSTAIN: " ABSENT: " APPROVED President Board of Directors ATTEST Secretary Attachment Five CANDIDATE'S STATEMENT OF QUALIFICATIONS SDRMA Special Dsiric, Risk M1;anagemeat Authority I A Property. Liability, Workers Compensation aao Health BeneLts ?rcgram Special District Risk Management Authority Board of Directors Candidate's Statement of Qualifications Thus information will be distributed to the membership with the ballot, "exactly as submitted" by the candidates — no attachments will be accepted. No statements are endorsed by SDRMA. Norninee /Candidate Disirict/Agency Work Address Work Phone Home Phone Why do you want to serve on the SDRMA Board of Directors? (Response Required) Page 7 of 2 March 2009 Special District Risk Management Authority Board of Directors Candidate's Statement of Qualifications What special skills, talents, or experience (including volunteer experience) do you have? (Response Required) II certify that II am a Board member or a full -time management employee for the agency from which II have been nominated. I further certify that I am willing to serve as a director on SDRMA's Board of Directors. I will commit the time and effort necessary to serve. Please consider my application for inamination /candidacy to the Board of Directors. Candidate Signature Page 2 of 2 March 2009 Board Memorandum From: Brian W. Tompkins / Chief Financial Officer bject: Transfer of unclaimed funds (stale dated checks) into the District general fund IFtecomrnendation: Authorize the CFO/Treasurer to perform procedures prescribed in the Government Code and Code of Civil Procedure for the purpose of unencurnbering stale dated checks and keeping the related funds from escheating to the State. Date: April 14, 2009 Background: In a relatively short period of time (3 to 4 years), the District's checking account accumulates a long list of old, outstanding checks. All of the old checks make the reconciliation of the checking account unnecessarily cumbersome. Periodically staff removes the stale dated checks from the bank reconciliation and moves them into a liability account. As of March 31, 2009 the balance in this account is $68,820.07, which includes checks dated through December 2007. Staff contacted legal counsel and they responded with a letter citing Government Code sections 50050- 50053 and Code of Civil Procedures section 1502(a)(2). The procedure described in these code sections applies to unclaimed funds that are at least 3 years old. The procedure involves publishing a notice about the unclaimed funds once a week for two consecutive weeks in a paper of general circulation. Any claims that are submitted as a result of the notice will be investigated and approved or rejected by the CFO/Treasurer. A letter from legal counsel with the suggested wording for the public notices is attached. Any funds remaining unclaimed may be transferred to the District general fund. Legal counsel also sent staff a copy of Government Code section 50055. This section states that unclaimed funds of $15.00 or less, and that have been held by the District for more than one year, do not need to be publicly noticed but may be transferred into the District's general fund by simple action of the Board. Staff recommends that the board of directors authorize the CFO/Treasurer to write off all stale dated checks that are more than one year old and are less than $15 (attached Schedule B). Staff also requests authorization to publish a notice regarding all stale dated checks that are more than $15 and three years old (attached Schedule A) in the Highland Community News and /or the Sun newspapers for t:hc+ purpose of satisfying the requirements of the Government Code. Fiscal Impact Up to $62,918 could be converted from a liability to Unrestricted Net Assets by following Government Code procedures to write off the checks listed on Attachments A and B BRUNICK, MCELNANEY 8A BECKETT August 12, 2008 CONFIDENTIAL ATTORNEY- CLIENT PRIVILEGED TO: Becky Kasten EAST VALLEY WATER DISTRICT FROM: Steven M. Kennedy, General Counsel RE: Unclaimed Property 216 CAJON STREET P. O. 60X 1320 REDLANDS, CALIFORNIA 92373 TELEPHONE (909) 793 -0619 PLEASE REFER To Pursuant to the inquiries contained in your fax transmission of August 6, 2008, regarding the above - referenced matter, the purpose of this memorandum is to discuss the statutory notice -and- claim procedure for the transfer of unclaimed monies to the District's general fund in accordance with the requirements of Government Code Sections 50050 - 50053. Under this procedure, if property in the District's possession remains unclaimed for three years, the District's treasurer may cause a notice thereof to be published once a week for two successive weeks in anewspaper of general circulation that is published in the District. Government Code Section 50050. The notice shall state the amount of the money, the find in which it is held, and that it is proposed to become the property of the District on a designated date not less than 45 days, nor more than 60 days, after the first publication of the notice. Government Code Section 50051. In this regard, the District may continue to utilize the suggested language for the notice as set forth in the memorandum from this office to Alberta Bess dated September 21, 1998, a copy of which was attached to your fax correspondence of August 6, 2008. Upon or prior to publication, a party of interest may file a claim with the District's treasurer which must include the claimant's name, address, amount of claim, the grounds upon which the claim is founded, and any other information that may be required by the treasurer. The claim must be filed before the date designated in the above notice, and the District's treasurer shall accept or reject that claim. Government Code Section 50052. If the claim is rejected by the treasurer, the party who submitted the claim may file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within the County of San Bernardino. A copy of the complaint and the summons issued thereon must be served on the District's treasurer within 30 days of receiving notice that the claim was rejected. Upon compliance with this procedure, the District's treasurer must withhold the release of the portion of the unclaimed money for which a court action has been filed until a decision is rendered by the court. Government Code Section 50052. PROFESSIONAL LAW CORPORATION 1639 COMMEROENTER WEST R ENE S. ABRAHAM STEVEN K. 6ECKETT SAN eERNARDINO, CALIFORNIA 92608 WILLIAM 4. ORUNIOK RAYMOND F. OOLEN MAILING ADDRESS: SrEA'CN M. KENNEDY POST OFFICE SOX 6426 LELAND P. MCELNANEY KYLE A. PATRICK SAN BERNARDINO, CALIFORNIA 92412 OF COUNSEL CHARLES A. PECKHAM TELEPHONE: (909) 689.6301 FAX: (909) 366.1669 August 12, 2008 CONFIDENTIAL ATTORNEY- CLIENT PRIVILEGED TO: Becky Kasten EAST VALLEY WATER DISTRICT FROM: Steven M. Kennedy, General Counsel RE: Unclaimed Property 216 CAJON STREET P. O. 60X 1320 REDLANDS, CALIFORNIA 92373 TELEPHONE (909) 793 -0619 PLEASE REFER To Pursuant to the inquiries contained in your fax transmission of August 6, 2008, regarding the above - referenced matter, the purpose of this memorandum is to discuss the statutory notice -and- claim procedure for the transfer of unclaimed monies to the District's general fund in accordance with the requirements of Government Code Sections 50050 - 50053. Under this procedure, if property in the District's possession remains unclaimed for three years, the District's treasurer may cause a notice thereof to be published once a week for two successive weeks in anewspaper of general circulation that is published in the District. Government Code Section 50050. The notice shall state the amount of the money, the find in which it is held, and that it is proposed to become the property of the District on a designated date not less than 45 days, nor more than 60 days, after the first publication of the notice. Government Code Section 50051. In this regard, the District may continue to utilize the suggested language for the notice as set forth in the memorandum from this office to Alberta Bess dated September 21, 1998, a copy of which was attached to your fax correspondence of August 6, 2008. Upon or prior to publication, a party of interest may file a claim with the District's treasurer which must include the claimant's name, address, amount of claim, the grounds upon which the claim is founded, and any other information that may be required by the treasurer. The claim must be filed before the date designated in the above notice, and the District's treasurer shall accept or reject that claim. Government Code Section 50052. If the claim is rejected by the treasurer, the party who submitted the claim may file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within the County of San Bernardino. A copy of the complaint and the summons issued thereon must be served on the District's treasurer within 30 days of receiving notice that the claim was rejected. Upon compliance with this procedure, the District's treasurer must withhold the release of the portion of the unclaimed money for which a court action has been filed until a decision is rendered by the court. Government Code Section 50052. Becky Kasten, EV WD August 12, 2008 Page Two When any such money becomes the property of the District pursuant to the above conditions, and is in a special fund, the District's Board of Directors may then authorize its transfer to the general fiord. Government Code Section 50053. Notwithstanding the above, any individual items of less than $15, or any amount if the depositor's name is unknown, which remain unclaimed in the District's treasury or in the official custody of a District officer for a period of one year, or upon an order of the court, may be transferred to Ste general fund by the District's Board of Directors without the necessity of publication of a notice in a newspaper. Government Code Section 50055. Therefore, it is recommended that the District follow this statutory notice - and -claim procedure in order to protect any property that remains unclaimed for three or more years from otherwise automatically escheating to the State by operation of California's Unclaimed Property I,aw, Code of Civil Procedure Section 1500 et seq. If you have any questions or comments, please feel free to contact me at your earliest Convenience. FROM: BRUNICK, ALVAREZ & BATT£RSBY Steven M. Kennedy. RE: Unclaimed Property 215 CA.)ON STREET P: O. sox 1320 REOLANDS, CALIFORNIA Q2373 TELEPHONE 19091793 -0818 PLEASE REFER TO Pursuant to your request regarding the above - referenced matter, please cause the following notice to be published once a week for two successive weeks in a newspaper.of general circulation that is published within the District: �✓ "Pursuant to Sections 50050 -50053 of the Government Code, notice is hereby given that East Valley Water District ( "EVWD ") is holding $ (amount) of unclaimed funds in its "stale -dated checks" account. It is proposed that said funds become the property of EVWD on (a date not less publication of the notice) unless an interested party files a claim with EVWD's treasurer for all or a portion thereof prior to said date. Any such claim must include the claimant's name, address, amount of claim, the grounds upon which the-claim is founded, and any other information that may be required by EVWD's treasurer. Thereafter, EVWD's treasurer will then either accept the claim if in compliance with the above requirements and the proof submitted therewith is deemed to be satisfactory, or reject the claim, and thereafter shall give •notice thereof to the claimant. All funds for which a timely and proper claim has not been filed, and all funds for which a claim has been rejected by EVWD's treasurer but which is not followed by the filing. and service of a summons and complaint thereon within the time and in the manner required by Gdvernment Code Section 50052, may be transferred to EVWD's general fund upon authorization of EVWD's Board of Directors." '40 If you have any questions, please feel free to contact me at your earliest convenience. r *401 . BRUNICK, ALVAREZ & BATTERSBY PROFEBiIONAL LAW CORPORATION 1839 COMMERCENTER WEST Vow WILLIAM J. %NUNIQK POST OFFICE BOX 6425 OONALO R. ALVAREZ MARGUERITE P. SATTER551 SAN BERNARDINO. CALIFORNIA 92112 STEVEN M. KENNEDY AREA CODE 909 AMT GREVBON LELANO P. MCELKANET TELEPHONE: 669.6301 RENE S. ABRAHAM FAX: 398 -1a99 MARK POTTER September 21, 1998 CONFIDENTIAL ATTORNEY- CLIENT PRIVILEGED TO: Alberta M. Hess, Auditor /Controller EAST VALLEY .WATER DISTRICT FROM: BRUNICK, ALVAREZ & BATT£RSBY Steven M. Kennedy. RE: Unclaimed Property 215 CA.)ON STREET P: O. sox 1320 REOLANDS, CALIFORNIA Q2373 TELEPHONE 19091793 -0818 PLEASE REFER TO Pursuant to your request regarding the above - referenced matter, please cause the following notice to be published once a week for two successive weeks in a newspaper.of general circulation that is published within the District: �✓ "Pursuant to Sections 50050 -50053 of the Government Code, notice is hereby given that East Valley Water District ( "EVWD ") is holding $ (amount) of unclaimed funds in its "stale -dated checks" account. It is proposed that said funds become the property of EVWD on (a date not less publication of the notice) unless an interested party files a claim with EVWD's treasurer for all or a portion thereof prior to said date. Any such claim must include the claimant's name, address, amount of claim, the grounds upon which the-claim is founded, and any other information that may be required by EVWD's treasurer. Thereafter, EVWD's treasurer will then either accept the claim if in compliance with the above requirements and the proof submitted therewith is deemed to be satisfactory, or reject the claim, and thereafter shall give •notice thereof to the claimant. All funds for which a timely and proper claim has not been filed, and all funds for which a claim has been rejected by EVWD's treasurer but which is not followed by the filing. and service of a summons and complaint thereon within the time and in the manner required by Gdvernment Code Section 50052, may be transferred to EVWD's general fund upon authorization of EVWD's Board of Directors." '40 If you have any questions, please feel free to contact me at your earliest convenience. r Unclaimed Checks over $15.00 Schedule A Check # Date Amount Account Numbers 168519 06/18/97 2114.98 174536 10/21/98 17249.20 177828 08104/99 6784.00 178725 10/20/99 1943.67 179991 02/15/00 80.00 180359 03122100 503.81 181652 07/12/00 26.43 181845 07126/00 24.37 181857 08/02/00 21.90 181890 08/02/00 33.90 182004 08/09/00 24.62 182086 08/16/00 59.43 182253 09/06/00 15.55 182315 09/13/00 20.27 182558 09/27/00 28.44 182584 10/04/00 23.03 182593 10/04/00 45.00 182627 10/04/00 48.46 182.643 10/04/00 70.79 182727 10/11/00 33.66 182.729 10/11/00 34.80 182670 10/11/00 43.60 182770 10/18/00 70.00 182873 10/24/00 47.36 183114 11/15/00 32.66 183166 11/21/00 32.54 183297 12/06/00 19.66 183409 12/13/00 16.61 183368 12/13/00 185.46 183575 01/04/01 83.52 0010001-2/ 1052976 -4 183682 01/10/01 52.40 09401732 183814 01/24/01 57.41 07423745 183959 02/07101 34.58 0430121 -04 183988 02/07/01 38.70 0510137 -00 184033 02/14/01 42.34 1052942 -02 184117 02/21/01 36.25 1160162 -00 184171 02128101 24.75 09105031 184223 02/28/01 62.70 2300400 184296 03/07/01 19.64 1052992 -01 184402 03/14101 79.25 06201275 184432 03/14/01 104.41 1040137 -08 184461 03/22/01 19.74 0510033 -04 184547 03/29/01 43.25 1420172 -02 184667 04/05/01 19.07 15421901 184677 04/05/01 47.75 0920016 -03 184665 04105/01 57.17 15427711 184755 04/12/01 21.44 0620120 -04 184766 04/12/01 202.83 03610175 184821 04/19/01 26.05 0830143 -04 184838 04/19/01 34.11 0440243 -05 184809 04/19/01 42.59 0820012 -03 184889 04125101 27.79 07100972 184875 04/25/01 30.55 1400157 -01 184864 04/25/01 37.10 0440229 -04 Page 1 Unclaimed Checks over $15.00 Check # Date Amount Account Numbers 184949 05/02/01 18.26 1231180 -03 184944 05/02/01 73.89 0610119 -03 185051 05/08/01 19.69 0330068 -01 185104 05/17/01 25.14 1130220 -01 185208 05/23/01 129.17 07301431 185355 06/07/01 15.83 0820195 -01 185440 06/14/01 34.26 1140137 -03 185518 06/20/01 18,70 0440275 -00 185481 06/20/01 22,61 0150034 -00 185524 06/20/01 24.90 06201057 185482 06/20/01 28.01 02520540 185492 06/20/01 46.27 04301604 185613 06/28/01 31.27 1120121 -02 185914 07/26/01 18,00 00813780 185909 07/26/01 297.28 0340009 -2 186001 08/08/01 94.18 06200974 186099 08/14/01 29.04 0630157 -2 186180 08/23/01 25.10 01916234 186163 08/23/01 29.57 1410056 -1 186289 08/30/01 39.43 01919442 186337 09/06/01 54.75 1030191 -3 186415 09/12/01 34.32 0530122 -2 186366 09/12/01 220.02 1050010 -4 186565 09/26/01 46.12 04115629 186622 10/03/01 18.49 1052930 -0 186780 10/17/01 52.47 06100872 186890 10/24/01 61.49 0610117 -4 186958 10/31/01 49.74 0140189 -1 186946 10/31/01 58.27 00400527 187075 11/07/01 27.44 1520575 -1 187033 11/07/01 40.79 01500746 187052 11/07/01 42.69 08414722 187187 11/20/01 23.18 1360033.5 187250 11/28/01 15.38 0841608 -2 187248 11/28/01 19.89 15402030 187309 11/28/01 24.95 1210136 -1 187531 12/19/01 31.72 00201739 187604 12/26/01 26.18 1360009 -4 187616 12/26/01 35.41 08200425 187667 01/03/02 24.23 1050042 -0 187643 01/03/02 30.63 0140014 -0 187648 01/03/02 53.28 1540346 -2 187666 01/03/02 136.67 1010076 -1 187711 01/09/02 47.05 0912058 -4 187821 01/16/02 24.72 0170091 -2 187813 01/16/02 40.84 0930186 -0 187888 01/23/02 46.24 0082659 -2 188139 02/13102 64.20 0450075 -2 188397 03/06/02 15.07 15403111 188492 03/13/02 20.83 11201379 188424 03/13/02 47.09 1120103 -6 188557 03/20/02 50.00 1010076 -1 188546 03/20/02 97.04 09400730 188640 03127/02 22.43 08400043 188708 04/03/02 32.90 1140046 -6 188714 04/03/02 121.29 1140046 -6 188796 04/10/02 31.94 0070108.6 Page 2 Unclaimed Checks over $15.00 Check # Date Amount Account Numbers 188764 04/10/02 37.53 0340137 -1 188954 04/24/02 16.74 0020151 -1 189022 05/01/02 27.78 1230682 -3 189078 05/01/02 29.94 0360010 -3 189157 05/08/02 23.45 15507953 189089 05/08/02 31.94 1140009 -6 189220 05/15/02 29.50 02400420 189289 05/22/02 16.09 14001610 189264 05/22/02 42.65 0082260 -5 189377 05129/02 32.04 15507953 189437 06/05/02 34.11 08411524 189525 06/12/02 43.02 1542995.1 189732 06/20/02 66.33 0440444 -0 189733 06/20/02 119.34 1140064 -6 189764 06/26/02 59.40 0740006 -1 189897 07/10/02 18.10 1542197 -1 189875 07/10/02 23.52 360067 -5 189918 07/10/02 167.55 06201355 190028 07/17/02 26.83 0220061 -1 190154 07/31/02 22.35 11200715 190428 08/28/02 46.40 4530753 -1 190493 09/04/02 16.18 $9.09- 200093 -0 190504 09/04102 150.00 06101194 190670 09/17/02 17.81 $9.73- 1360010 -1 190729 09/25/02 28.73 01500291 190946 10109102 18.14 1650045 -2 190956 10/16/02 62.23 04112286 191116 10/30/02 30.58 920148 -3 191217 11/06/02 26.25 420279 -5 191207 11/06/02 32.25 062010509 191311 11/20/02 137.67 104005103 191421 11/26/02 43.03 10088 -3 191657 12/18/02 36.22 730212 -5 191769 12/30/02 2,368.52 $17.51- 920235 -2 191915 01/15/03 26.31 930292 -1 191906 01/15/03 38.03 1310083 -7 192018 01/29/03 16.80 072010105 192060 01/29/03 17.64 510238 -2 192186 02/12/03 35.66 1150122 -6 192325 02/26/03 50.10 051022302 192355 02/26/03 58.55 40082 -3 192601 03/19/03 25.10 230223 -5 192570 03/19/03 40.69 052012802 192598 03/19/03 191.94 1550949 -3 192658 03/26/03 36.49 1430090 -1 192769 04102/03 19.41 019065804 192831 04/09/03 20.45 20135 -4 192928 04/16/03 19.04 083008102 192902 04116103 25.10 052012802 192897 04/16/03 42.95 911155 -4 193016 04/23/03 18.53 1040021 -4 193072 04130103 53.66 092016606 193078 04/30/03 70.18 1540311 -2 193215 05/07/03 144.97 530243 -5 193291 05114/03 65.81 360030 -3 193323 05/21/03 50.62 350041 -4 193400 05/28/03 31.89 081015703 Page 3 $7.09- 200090 -0 $8.08- 1120066 -3 $828.34- 920234 -2 $1522.67 - 920233 -2 Unclaimed Checks over $15.00 Check # Date Amount Account Numbers 193396 05/28/03 34.91 1540032 -2 193393 05/28/03 60.52 1540311 -3 193414 05/28/03 113.03 340116 -5 193493 06/04/03 27.09 1120120 -1 193465 06/04/03 41.82 1010117 -0 193609 06/18/03 18.37 252802 -3 193694 06/18/03 30.72 742549 -2 193677 06/18/03 143.82 620120 -6 193742 06/25/03 43.82 1220356 -0 193748 06/25/03 49.98 161504401 193778 07101/03 18.27 073007301 194004 07/16/03 22.69 1231160 -2 194003 07/16/03 30.46 640071 -3 194067 07123103 19.40 1120097 -7 194028 07/23/03 39.55 1130232 -3 194077 07/23103 41.21 230043 -0 194108 07/31/03 22.69 043000203 194198 08/06/03 45.03 111017206 194327 08/13/03 58.14 640079 -1 194372 08/21/03 27.68 1230821 -2 194661 09/17/03 76.74 321125 -0 194766 09/24/03 71.65 1030012 -10 194891 10/08/03 18.05 084117303 194889 10/08/03 95.95 820014 -8 194952 10/15/03 34.47 112006505 195020 10/22/03 40.19 063017700 195135 10/29103 32.00 010529584 195174 11/05/03 50.64 510164 -7 195178 11/05/03 65.86 150102 -0 195558 12/10/03 36.87 1040198 -1 191570 12/11103 54.80 131013002 195634 12/17/03 40.17 710114 -3 195683 12/17/03 118.12 1110197 -4 195684 12/17/03 195.65 361014 -3 195809 12130/03 20.84 1410007 -2 195882 01107/04 37.54 810093 -2 196106 01/28/04 41.06 1410007 -2 196165 02/04/04 46.50 830273 -4 196355 02/18/04 21.44 1260237 -1 196335 02/18/04 23.47 033004901 196326 02/18/04 41.28 20151 -4 196385 02126104 24.39 630284 -3 196451 02/26/04 48.78 019125507 196534 03103104 27.00 1330035 -1 196607 03110/04 23.22 841555 -6 196620 03/10/04 55.82 1530274 -2 196665 03/17/04 18.61 1110179 -5 196660 03/17/04 40.96 1221058 -2 196857 03/21/04 80.06 154078302 196766 03/24/04 27.52 113019601 196830 03/31/04 45.44 082007106 196848 03/31/04 50.59 841749 -4 196838 03131104 58.45 1350036 -4 196913 04/07/04 56.68 104019517 196919 04/07/04 76.41 20214 -4 197103 04/21/04 21.76 520222 -6 197110 04/21/04 49.70 034013703 Page 4 Unclaimed Checks over $15.00 Check # Date Amount Account Numbers 197151 04/28/04 33.98 70124 -3 197222 05105/04 16.48 136284807 197237 05/05/04 39.22 051002009 197367 05/13/04 41.14 1642802 -2 197486 05126/04 16.05 083022006 197494 05/26104 27.48 1620406 -2 197507 05126104 50.59 450077 -3 197572 06/03/04 25.52 841755 -4 197557 06/03/04 33.59 019195511 197578 06/03/04 36.17 430148 -11 197683 06/09/04 48.23 820031 -8 197873 07/01/04 31.38 144186 -0 198003 07/07/04 58.33 051022101 198067 07/14/04 31.96 930286 -2 198226 07/28104 19.18 510208 -6.1 198251 07/28104 44.65 135004702 198346 08/04/04 100.76 114004201 198709 09/08/04 22.70 81803 -2 198696 09/08/04 24.98 10244 -5 198790 09/15/04 33.34 191644 -7 198826 09/15/04 36.66 820114 -2.1 198787 09/15/04 41.06 1400083 198872 09/22/04 18.00 044002303 198862 09/22/04 28.42 093010805 198987 09/29/04 20.58 122089501 198960 09/29/04 46.42 1140198 -6 199177 10/14/04 61.77 1542995 -3 199238 10/20/04 17.56 1210954 -4 199386 11/03/04 225.00 044001604 199455 11/10/04 134.66 1540054 -2 199560 11/18/04 72.27 450387 -1.1 199599 11/23/04 16.68 1211565 -1 199630 11/23/04 33,37 101014010 199596 11/23/04 33,80 1620266 -2 199615 11/23/04 35.18 420051 -3 199642 11/23/04 55.90 510097 -3 199722 12/02/04 2839 1540087 -1 199697 12102104 35.80 192319 -3 199721 12/02/04 300.00 530244 -2 199798 12/09/04 16.98 10205 -2 199874 12/16/04 25.38 912109 -4 199844 12/6104 25.62 520190 -5 199487 12/16/04 46.54 132007508 199933 12/22/04 47.60 530203 -5.1 200022 12/29/04 56.46 520136 -2 200184 01/12/05 16.06 191649 -8 200128 01/12/05 30.32 042023804 200165 01/12/05 70.82 1540276 -6 200260 01/19/05 17.02 542611 -2 200258 01/19/05 200.81 361024 -5.1 200352 01/26/05 23.84 411439 -1 200339 01/26/05 27.69 620212 -7 200320 01/26/05 718.52 321206 -0 200456 02/02/05 28.23 370036 -1 200409 02/02/05 49.14 3100370 200403 02/02/05 57.00 1120088 -4 200557 02110/05 24.6 1450110 -2 Page 5 Unclaimed Checks over $15.00 Check # Date Amount Account Numbers 200490 02/10/05 24.82 940168 -5 200536 02/10/05 27.50 014006707 200533 02/10/05 49.42 1110219 -1 200698 02/23/05 30.50 410889 -9 200673 02/23/05 75.00 75055 -1 200759 03102/05 38.88 042004800 200738 03/02/05 41.44 042016804 200766 03/02/05 47.61 220120 -6 200739 03/02/05 50.62 80567 -05 200729 03/02/05 218.90 820237 -00 200823 03/09/05 66.64 15423784 200802 03/09105 68.55 1350219 -5 200903 03/16/05 64.70 1510002 -1 200907 03/16105 75.00 150098 -3 200910 03/16/05 75.00 150103 -3 200979 03/16/05 75.00 150121 -8 200955 03/16/05 75.00 22615 201115 03/30/05 23.86 520098 -1 201071 03/30/05 34.43 140162 -1.1 201106 03/30/05 50.48 20107 -1.1 201256 04/06/05 71.08 025002703 201256 04/06/05 71.08 025002602 201341 04/13/05 45.88 092012803 201478 04/28/05 22.50 1050035 -0 201488 04/28/05 25.66 113019102 201488 04/28/05 32.24 113019102 201574 05105/05 21.28 1531342 -5 201683 05/11/05 39.86 1040195 -18 201634 05/11/05 45.72 1340073 -1.1 201677 05/11/05 67.07 1510110 -1 201717 05118/05 15.02 071003204 201751 05/18/05 18.00 230052 -1 201731 05/18105 38.86 80841 -1 201771 05/18/05 50.61 80567 -5.1 201759 05/18/05 75.68 510115 -3 201906 06/01/05 19.06 063026201 201957 06/01/05 29.36 80033 -8.1 201844 06/01/05 56.98 730024 -2 202035 06/08/05 51.22 1430210 -5 202092 06/15/05 37.84 82258 -5 202077 06/15/05 57.92 150217 -3 202081 06/15/05 77.12 930277 -6.1 202165 06/22/05 40.92 1361322 -8 202160 06122105 44.13 40030 -6 202182 06/22/05 54.16 191816 -1 202202 06/22/05 75.00 03101063 202224 06/22/05 115.72 113027300 202193 06/22/05 219.18 1542682 -6 202306 06/29/05 45.50 940224 -4 202290 06/29105 46.64 940172 -6.1 202315 06/29/05 10967.29 202344 07106/05 29.31 750184 -0 202363 07/06/05 55.12 10101853 202397 07/06105 233.58 620148 -9 202452 07/13/05 43.74 8415557 202574 07/20/05 35.97 1010080 -1 202712 08/03105 48.66 1360022 -1 Page 6 Unclaimed Checks over $15.00 Check # Date Amount Account Numbers 202702 08/03/05 54.96 142004503 202690 08/03/05 59.82 1120030 -9 202691 08/03/05 83.22 43.53 750201 -0 39.69 750203 -0 202768 08/10/05 22.51 710156 -0 202753 08/10/05 35.80 830379 -4 202800 08/10/05 39.36 1140021 -3 202806 08/10/05 39.82 920091 -4 202759 08/10/05 46.31 1210580 -4 202824 08/10/05 57.48 020015901 202771 08110/05 75.00 1640042 -2 202792 08/10/05 167.16 10101089 202295 08/17/05 29.99 1260561 -1 202897 08/17/05 43.70 1120294 -1 202944 08/24/05 26.24 043003508 202968 08/24/05 29.75 910433 -1 203109 09/08/05 20.01 820192 -4 203129 09/08/05 20.22 81062 -6 203162 09108105 49.23 154033203 203118 09/08/05 49.51 360008 -2 203122 09/08/05 55.72 1030160 -5 203153 09/08/05 57.86 1623399 -2 203227 09/14105 36.06 084123800 203286 09/21/05 15.20 410729 -5 203327 09/21/05 22.97 810004 -5 203336 09/21/05 32.36 742468 -5 203379 09/28105 29.19 1520184 -4 203400 09/28/05 191.80 830169 -3 203462 10/06/05 20.74 001008704 203500 10/06/05 30.24 810007 -3 203459 10106105 40.74 930168 -1 203477 10/06/05 82.81 092021806 203808 10/26/05 45.30 113167 -08.1 203788 10/26/05 61.04 1450136 -01 203918 11102105 33.92 40029 -02 203883 11/02/05 35.19 730212 -08 203966 11/09/05 15.65 1040011 -05 204039 11/09/05 36.42 830141 -04.1 203999 11/09/05 56.15 1450158 -01.1 204112 11/22/05 175.50 043017502 204238 11/30/05 17.34 940079 -05 204203 11/30/05 37.50 1210456 -00 204224 11130105 38.13 70160 -10 204304 1217105 16.92 022003201 204274 12/07/05 48.43 1140198 -07 204297 12/07/05 85.45 1550487 -07 204391 12/14105 25.93 052025602 204423 12/14/05 57.21 121140103 204501 12/20/05 17.73 1360033 -07 204517 12/20/05 75.74 1320076 -03 204542 12129105 44.10 144002803 204593 12/29/05 59.41 072020402 $61,676.99 Page 7 Unclaimed Checks Under $15.00 Schedule B Check # Date Amount ACCOUNT # 181604 07/05/00 1.44 181613 07/05/00 11.56 181704 07112/00 3.46 181898 08102/00 2.69 182351 09/13/00 12.54 182449 09/20/00 7.00 182469 09/27/00 9.66 182536 09/27/00 12.99 182821 10/24/00 6.74 183341 12/06/00 6.51 183597 01/04/01 2.07 1231156 -02 183627 01/04/01 1.32 1230682 -01 183889 01/30/01 8.07 0430002 -02 183899 01/30/01 13.04 1542110 -03 184151 02/21/01 2.49 14417187 184215 02128/01 12.30 0140205 -04 184238 02/28/01 14.91 08201300 184277 03/07/01 2.26 1340155 -01 184673 04/05/01 9.37 1161467 -03 184771 04/19/01 7.35 14101516 184782 04/19/01 8.88 0940181 -09 184964 05/02/01 2.57 0020156 -12 184973 05/02101 6.82 11200311 185253 05/31/01 7.47 09402696 185289 05/31/01 3.33 09200164 185311 06/07/01 4.96 04201968 185492 06/20/01 12.34 04301612 185572 06/28/01 2.89 0350023 -03 185604 06/28/01 1.30 08301654 185665 07/05/01 2.02 11500730 185667 07/05/01 9.63 0820258 -2 185754 07/12101 9.90 0170187 -6 186022 08/08/01 4.47 0841446 -9 186109 08/14/01 10.87 0170091 -1 186301 09/06/01 10.35 0081374 -4 186585 09/26/01 13.70 0730081 -3 186662 10/03/01 12.17 16428202 186723 10/10/01 2.75 0720231 -2 186728 10/10/01 7.16 0140189 -1 187125 11/14/01 6.24 0841314 -4 187255 11/28/01 14.51 0940268 -0 187371 12/05/01 4.99 04201679 187382 12/05/01 12.96 11101407 187384 12105/01 4.04 1110248 -6 187480 12/12/01 1.75 1120305 -1 187611 12126/01 2.67 1540332 -2 187613 12/26/01 3.37 0411393 -3 187789 01/16/02 10.91 0210005 -1 187959 01/30/02 1.83 05418543 188627 03/27/02 1.86 0650151 -1 188856 04/17/02 5.41 15403031 188933 04/24/02 1.89 0610107 -1 189108 05/08/02 9.66 09401695 189312 05/22/02 8.42 1120136 -2 189702 06/20/02 5.31 0610123 -2 Page 1 Unclaimed Checks Under $15.00 Check # Date Amount ACCOUNT # 189923 07/10/02 10.77 1110285 -4 190032 07/17/02 12.93 15504987 189990 07/17/02 8.66 0551228 -0 190089 07/24/02 12.46 420196 -2 190157 07/31/02 2.37 710021 -2 190351 08/21/02 2.86 541226 -0 190460 09/04/02 3.38 210204 -5 191206 11/06102 6.13 150219 -1 191293 11/12/02 13.00 036008008 191358 11120/02 14.44 150177 -2 191504 12/04/02 5.16 023022405 192009 01/22/03 13.00 510238 -2 192155 02/05/03 7.47 073007902 1921161 02/05/03 12.48 710011 -4 192326 02/26/03 5.30 1030113 -4 192472 03/05/03 2.73 340133 -2 192474 03/05/03 13.64 330156 -1 192531 03/12/03 10.39 742292 -5 192569 03/19/03 4.58 1010014 -7 192686 03/26/03 9.56 1350193 -4 192699 03/26/03 1.82 450075 -3 192789 04/02/03 8.13 1160162 -1 192971 04/23/03 6.48 112030703 193067 04/30/03 8.89 051016003 '193084 04/30/03 3.95 053022405 '193271 05/14/03 4.14 082012204 '193368 05/21/03 11.94 061012608 '193429 05/28/03 13.93 541197 -1 '193572 06/11/03 6.73 1430007 -7 '193991 07/16103 9.58 630179 -1 '194115 07/31/03 5.97 630120 -3 '194265 08106/03 6.15 810260.7 '194321 08/13/03 7.82 154012101 194539 09/03/03 1.81 10115 -2 194556 09/10/03 4.39 1140161 -8 194370 09/21103 6.33 154020301 194725 09/24/03 6.41 720080 -0 194879 10/08/03 5.20 1020042 -1 194985 10115103 1.11 310217 -8 195270 11/12/03 4.50 093022503 195302 11/19/03 6.70 230074 -0 195543 12/10/03 12.04 150039 -2 195617 12/10103 7.40 430141 -5 195725 12/22/03 4.31 1441720 -3 195744 12/22/03 9.51 20151 -3 195767 12/30/03 3.87 10233 -5 195898 01/07/04 13.02 1110156 -1 195914 01/07104 8.64 1020087 -1 196176 02/04/04 13.08 083014903 196189 02/04/04 2.57 620074 -5 196212 02/04/04 1.31 10087 -3 196329 02/18/04 3.56 1010153 -4 196360 02/18/04 5.47 410729 -4 196566 03/10/04 1.13 420139 -4 196583 03110104 9.58 730038 -11 196821 03/31/04 1.12 340127 -2 196992 04/15/04 1.22 200066 -1 Page 2 Unclaimed Checks Under $15.00 Check # Date Amount ACCOUNT # 197066 04/21104 14.12 170047 -4 197296 05/13104 1.64 1130235 -5 197538 06/03104 2.52 440015 -9 197595 06/03/04 9.45 920133 -5 197650 06/09/04 11.16 80855 -5 197798 06/23/04 2.22 20167 -6 198092 07/14/04 1.60 1550640 -7 198175 07/21/04 7.88 1430018 -1 198230 07/28/04 7.49 083017901 198208 07/28/04 4.24 520254 -4 198321 08/04/04 7.57 164035802 198360 08/04/04 2.48 920077 -3 198370 08/04/04 11.60 1410188 -8 198562 08/25/04 1.44 1550795 -8 198668 09/01/04 9.85 931004 -0.1 198951 09/09/04 9.46 084206703 199000 09/29/04 1.46 140241 -1 199124 10/14/04 1.50 1430209 -0.1 199407 11/03104 3.50 1030197 -0 199419 11/03/04 14.02 10177 -4 199643 11/23/04 5.58 1540260 -0 199772 12/09/04 14.96 220060 -1 200088 01/05/05 3.75 1533046 -0 200175 01/12/05 9.51 15330055 -0 200219 01119/05 12.76 1540303 -3 200444 02/02/05 1.76 920039 -5 200494 02/10/05 5.70 910760 -2 200521 02/10/05 6.07 1430004 -2.1 200682 02/23/05 1.80 10192 -1.1 200723 03/02/05. 7.88 85664 -11 200819 03109/05 1.57 157011708 200940 03116/05 2.46 530180 -2 200954 03/16/05 2.50 420040 -2 201307 04/13/05 11.18 430050 -1 201379 04/20/05 8.38 530046 -2 201428 04/20/05 1.80 70208 -4 201502 04/28/05 14.18 091040801 201513 04/28/05 2.77 1540185 -1 201648 05/11/05 6.58 1120148 -3 201680 05/11/05 14.80 201564 -14 201776 05/18/05 7.68 620074 -7 201779 05/18/05 1.33 37008 -1 201810 05/25/05 1.92 1120160 -4 201822 05/25/05 12.00 1120303 -2.1 201870 05/25/05 12.78 430090 -0.1 202336 07/06/05 4.24 630293 -0 202375 07/06/05 13.72 1020192 -0 202379 07/06/05 7.16 430031 -2 202422 07/13/05 7.30 073006001 202418 07/13/05 8.48 1430181 -1 202424 07/13/05 2.20 250460 -3 202692 08/03105 3.58 1052932 -2 202991 08/24/05 12.00 1550663 -1 203070 08/31105 7.18 116120411 203191 09/14/05 7.22 1120033 -1 203325 09/21/05 4.28 053004408 203352 09/21/05 3.02 830043 -0 Page 3 Unclaimed Checks Under $15.00 Check # Date Amount ACCOUNT # 203423 09/28/05 5.30 170151 -8 203469 10/06/05 1.17 610025 -1 203814 10/26/05 2.67 1530287 -00 203821 10/26/05 5.50 1220520 -03 203855 10/26/05 10.13 20190 -06 203934 11/02/05 14,73 1110216 -04 204013 11/09/05 6.19 1040185 -6 204077 11/16/05 5.10 810244 -01 204079 11/16/05 5.45 340054 -03 204124 11/22/05 13.77 1615017 -003 204235 11/30/05 5.16 121140103 204323 12/07105 4.02 1420151 -03 204343 12/07/05 6.38 940194 -09 $1,241.14 Page 4 AST VALLEY WATER DISTRICT ,;•,jr L 3654 EAST HIGHLAND AVE #18 HIGHLAND, CA 92346 j; i, ? 20OR (909) 885.4900 FAX(909) 889 -5732 rEete?;G� CLAIMS FOR DAMAGES TO PERSON OR PROPERTY INSTi':lICTiON& i. Subject to certain statutory exceptions, an action for money or damages may not be maintained against the District unless written ciaim has been timely presented to the District and rejected in whole or in part. 2. A claim shall be presented by the claimant or by a person acting on the claimant's behalf. 3. Answer atl questions. Omitting information could make your claim legally insufficient. 4. H V;ne and address of the person to whom you desire notices or communications to be sent regarding this claim. 5. This claim form musi be signed on page 2 at bottom. u. attach separate sheets, if necessary, to give full details. SIC; N EACH SHEE'i 7 Claim must tic filed with Hoard Secretary. (-):EA!:;]- VALLEY WA-1 ER DISTRICT Name of Claimants of Claim__ _ tome ikdciresant City and State Home Telephone Number Business Address of Claimant City e>, P k. ress to wmcn you desire notices or or or °1);I -Iwq 2, F, Pe- "P�hC - e toeWJl Where r;iiCi DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse appropriate, give street names and address and measurements from landmarks: W�at particular ACT or OMISSION do you claim caused th'e injury or damage? Give names of District employees causing the injury or damage, if known: �4 a Cj M G7"e r b e e tv r e VA r e- W (1 g 4f 1_' ✓� � � pS i r✓C-%1 4 i e 6 .21! P t... Y_e L �.r e T Lo o u 1 a I�p T bl y vP. F e, n� n�E m g- -,'F) r V What EiAMAGE or INJURES do you claim resulted? Give full extent of injuries or damages claimed: yP ' 1.A rP_(YI N s What A10OUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation: Give ESTIMATED AMOUNT as far a known you claim on account of each of Insun,.ince payments received, if any, and names of Insurance Company: prospective injury or basis SEE PAGE 2 (OVER) �� N THIS CLAIM MUST BE SIGNED ON REVERSE SIDE �� Expenditures made on account of accident or injury: (Date - Item) (Amount) Name and Address of Witness, Doctors and Hospitals: READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West: indicate place of accident by " X " and by showing house numbers of distance to street corners. If District Vehicle was involved, designate by letter "A" location of District vehicle when you first saw it, and by" B" location of yourself or your vehicle when you first saw District vehicle: location of District vehicle at time of accident by " A -1 " and location of yourself or your vehicle at the time of the accident by "B -1" and the point of impact by "X ". NOTE: If diagrams below do not ft the situation, attach hereto a proper diagram signed by claimant. FOR OTHERACCIDENTS SIDEWALK CURB .aaimant or person filing on relationship to Claimant: C NU I t: An Claimants may be required t0 be examined as to their cla Presentation of a false claim is a felony (Calif. Penal Code Sec. 72) CLAIMS MUST BE FILED WITH BOARD SECRETARY. GN eC%.c$ ��e a Gee Q 4 fiu ,rte ceaf L-7/1Z.- .�sL. M me , � /ov - a-CA �� a Z `a - f,,4, . O.e-� e, a� �. 1 i l i I ii cc�ae Ir' »a- (� ll.ixn�re i 1sT[: Sc:�r Brrnu;zlino. Ceilljbrnia 9240 -! 9(14) 6 -3530 "c-count _ 00440060 00 March 6, 2009 East Valley Water District P.O. Box 3427 San Bernardino, California 92413 In July 2008 I noticed a water leak running down my front slope, seemingly from the water meter located above at street level. I called your office and spoke with Victor who explained they could not come onto the property to check or do any work. However, someone was sent to check the meter and called to say it was not the problem. I then called someone who dug up and replaced my portion of thepipe . The cost was $'238.00. The leak continued. My workmen returned and replaced your portion ofpipe. This cost another $200. The leak continued. I called my workmen again. At this point they said it was definitely the meter which they would not work on. I called your office again. A gentleman came and said it WAS the meter which was repaired that morning. Voila, no more leak. Since the problem did turn out to be a faulty meter, in retrospect, I believe you should reimburse me for the $438 I spent. Since my bill includes a monthly charge of $10.45 for the "water system" 1 had assumed it was to assure that the water system was kept in proper working order. Incidentally, prior to this time my water pressure was low. Your people had been here twice. Once they did something at you storage tank across the way The second time they pronounced it to be at functioning levels. So, as an added bonus of the meter repair, I now am enjoying adequate water pressure. I will appreciate you prompt response. Sincerely, 2� c `sg Ci a co 0 kl0) C4 O 'l) Pik W w wE� H A W Q 6 - 0 00 P, w V N 2 W F N H Q 6 M ri O 2; Q H R W Et H u Q W N F ft H z a r•i N N r+ H -- a o a Q O O I _ w k! W W a CI R a r' O a 0 v U "a i O R a {... }td a F O W W W a a r J {j^ O 0 � o � W 7+ a (p y EH a . a 2 V a w . C, c. , {� yn O V ! o H > a r� a N E a$ W N z N u •' a F W W > N a N a z z W H A H a to Wa' OU i R a µR+ w ❑❑❑ z a a N i NI. EastValley Water District February 25, 2009 MEMORANDUM To: Robert Martin, General Manager From: Gerald Sievers, Field Superintendent beF Subject: On August 26, 2008, I received a call from Engineering about a leak at When I arrived, there was some water coming out of the meter box. I looked in the meter box to see what was leaking and saw that the leak was on our side of the meter. I knocked on the door to let the customer know that I was going to shut off the water to try and fix the leak that was leaking at the meter coupling on the angle meter valve. I first tried tightening the meter coupling and that did not work, so I replaced the meter gaskets and that did not work either. I then called Gordon Grant to see if the meter shop could replace the P angle meter valve, which Gordon and Steve Farrington did replace that day. When I spoke to the customer, I told her that the leak was on our side and that someone was going to replace the angle meter valve that day. While talking to the customer, I do not recall her saying anything in regards to having anyone do repairs to her service line. 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F O W C7 LO co 1 Z_ rn U U m p °' o LLI 0 Z � O m - N Q � d U W IL p Cl CC W JI L¢L c < CC Z Q o U W C7 1 Z_ 7 U LLLLI p LLI _.I W (j r� C7 Z J CC � d W IL Cl CC UL L¢L c < CC Z Q o U IL 0 0000 00000 o m [[x U ovo 000000 o (] N N C(D N o7 O') M M N F_ W C) w Q [C} ZiL OU LL ii UU o U) CC LL m 0 0 m 0 o 00 00 o 0 0 0 0 0 0 W H W W N N N N N C" N N N N N 0 �> (�iD Mtn��c�7M I� N n LL m r r r N N M O y m p p p = U U °w LL LLu w ro ca c U Q ? J J N O co Q Q Z m� m E co C� O O Co m p ._ 0 C N C comp o o m > m[]-o8 Vi ca c_caa a) a U M (a h w U a°i CO m �J Q QQQ CL 0 m CO w J Q W O W Q U) W Z 0 W o x N x W ' m o ON U W Q W } � J LL OU O r? W LL Q O m LLI 2 0 n c6 0 U r _U U J Q W z Z_ c� O O J W (j C7 _Z W Y J � w W Q Q Q LL W W U Q W U Z W m w LL u) Z W C) U- O Z uj LLJ 02 LL O W Q Z O 0 0 M N N N m 00 1 N9 CO N N 00 OD 0 00 O O O 0 0 00 °0 0 0 N N O N N N N N N N N N_ O\ N O� N N N N` n N M 0 0 N r r r N � ' r r O U N E E N G C O O O CT _ U U o co L N N U N J O � c c (n E _p C 2 A T a2 0(U U %n N E c c m E 0 c N 0 N0 O" 0 0 O m m m� a) "o U m m Q Q Q N Q m Q t U U O (6 (6 U � !L L U LL Q O (n U) U) 0 J J(nQa 2 UJ Cl) Cl) 0 co Cl) M (O N N M r r N r N U? OR O co N LO Lo N Cl) N r C) a) a) 0NO(O M m N M It r V O O 0 0 N r V U) N N O co r V M O cc O O O O O 0 o r; V) O N n w M N N N m 00 1 N9 CO N N 00 OD 0 00 O O O 0 0 00 °0 0 0 N N O N N N N N N N N N_ O\ N O� N N N N` n N M 0 0 N r r r N � ' r r O U N E E N G C O O O CT _ U U o co L N N U N J O � c c (n E _p C 2 A T a2 0(U U %n N E c c m E 0 c N 0 N0 O" 0 0 O m m m� a) "o U m m Q Q Q N Q m Q t U U O (6 (6 U � !L L U LL Q O (n U) U) 0 J J(nQa 2 UJ EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: Don Goodin MONTH March 2009 Beard Meetings: 10 Conferences and Other Meetings CIATI:i ORGANIZATION 3 Chamber 4 EVWD 16 Districts 24__ Hig�hlpnd Chamber 26 SBACC PURPOSE Grand Opening, Dental Group CIP, Special Meeting Monthly Meeting Luncheon Business After Hours TOTAL # OF MEETINGS 6 @ $175.00 each $ 1050.00 Travel Expenses: (Details on Back) _ $ 28.00 Total Director's Expenses $ 28.00 Total Director's Meetings & Expenses $ 1078.00 Direc;tor's Signatures, a QQ Less any Advance Payments $ Date; of Board Approval April 14, 2009 TOTAL DUE DIRECTOR $ 1078.00 TRAVEL EXPENSES Lodgings: (Detailed receipts attached') DATE FUNCTION ATTENDED TOTAL LODGING Personal Auto: (Detailed receipts attached") DATE FUNCTION ATTENDED MILES AMOUNT PARKING FEES $ TOTALFEES $ TOTAL MILES x $.55 per mile $ Meals: (Detailed receipts attached) DATE FUNCTION ATTENDED AMOUNT 16 Special Districts $ 28.00 TOTAL MEALS $ 28.00 Other: (Detailed receipts attached") DATE FUNCTION ATTENDED AMOUNT TOTAL OTHER $ ORIGINAL RECEIPTS REQUIRED TRAVEL EXPENSES (Enter this total on the front of form) L/-\,)l V/1LLL1 YVPIILr\ VlJlll ll..l DIRECTOR'S FEES AND EXPENSE REPORT DuREC:TOR: Board Meetings: 3h v ; f12s Cclnfer.ences and Other Meetings MONTH n avc.i l 2009 --[)AT]:: OFZGANIZATION PURPOSE - -'--` 1- - -- ._._ ,r� G i'Io/ n f �t I Y //K PC7�1�/✓15 V kJ Q DUJY /or,/. L0 vn,A TR'> --- '�%� -_ .._._ �Vcs,� �'I �y uf/ � �y ✓- G HyA ��i s �a�i'a � Travel Expenses: (Details on Directors Signature_ 5 6_ TOTAL # OF MEETINGS @ $175.00 each $ -�- Total Director's Expenses $ / �i�.9 3 Total Director's Meetings & Expenses $3 Less any Advance Payments Date of Board Approval TOTAL DUE DIRECTOR $ /ON* TRAVEL EXPENSES Lodgings: (Detailed receipts attached *) DATE FUNCTION ATTENDED AMOUNT 3/i7 / no,4 l.� s oas $ /3�. 9 3_ $ $ $ TOTAL LODGING $ Personal Auto: (Detailed receipts attached *) DATE FUNCTION ATTENDED MILES PARKING FEES TOTAL MILES TOTAL FEES $ x $,55 per mile $ Meals: (Detailed receipts attached *) DATE FUNCTION ATTENDED AMOUNT Other: (Detailed receipts attached *) DATE FUNCTION ATTENDED $ $ TOTAL MEALS $ -0- AMOUNT TOTALOTHER $ 'E�)- * ORIGINAL RECEIPTS REQUIRED TRAVEL EXPENSES $ 1 3 x.43 (Enter this total on the front of form) EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRT =:c TOR: _ Le Vesgue MONTH March 2009 goar<i Meetings: -3/10 Corr6�rences and Other Meetings „ DATE PURPOSE 3/'3 --- Highland Chamber Ribbon Cutting 314. Budget Committee _3/10,___ Highland Chamber Highland City Planning Update 3/11 Budgets & Capital Improvement Plans - Review 3/12 Operations and Emergency Response Plans :3/16 Month Meeting 3/18 Chamber Business to Business 3/19 Assembly Member Wilmer Amina Carter -Open House 3/23 Special Meeting 3/27 Meeting with Gary re. GETS activation. EOP EQ cluster 3/30 Manuel Planning review Travel Expenses: (Details on Director's Sig Date of Board Approval Mar 200a Directors Fees and Expense Report TOTAL # OF MEETINGS 10 @ $175.00 each $ 1750.00 Total Director's Expenses $ 1750.00 Total Director's Meetings & Expenses Less any Advance Payments $ TOTAL DUE DIRECTOR $ 1750.00 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: Sturgeon MONTH February 2009 Board Meetings: 10 & 24 Conferences and Other Meetings DATE ORGANIZATION PURPOSE 17 Meeting with Congressman Lewis TOTAL # OF MEETINGS 3 @ $175.00 each $ 525.00 Book from Amazon 16.98 Travel Expenses: (Details on Back) Reimburse Meals $- 132.00 Director's Signature Date of Board Approval 04/14/09 Total Director's Expenses $- 115.02 Total Director's Meetings & Expenses $ 409.98 Less any Advance Payments $ TOTAL DUE DIRECTOR $ 409.98 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: sturgeon MONTH March 2009 Board Meetings:. 3 -0 & 23 Contere Lges and Other Meetings DATE_,- ORGANIZATION PURPOSE 2 SBVC Instruction 3 -• 6 WEF Lower Colorado River Tour 9 MWD Real Property & Asset Management Committee 9 MJa.. Wat@x Planning & Stewardship Committee i..t:. '-' ... 9: ``MWD r Qualzty & Operations Committee 9 JKWD ; ineerina & Capital Program Committee 17 Saorar* tp Legislative Reception t 18 C:;alifox'nia Green Convention. & _Trade Show. 16 EVWD EVWD Public Outreach Committee Legislative Committee TOTAL # OF MEETINGS 10 @ $175.00 each $ 1, 750.00 04/17 City Bus Fare for ACWA 3.00 "Travel Expenses: (Details on Back) 03/09 Metrolink to MWD $ 9.47 03/23 Ship Boxes to WEF Mart 3rd our' 23.85 Total Director's Expenses $ 36.32 Director's Signature`s Date of Board Approval 04/14/09 Total Director's Meetings & Expenses $ 1, 786.32 Less any Advance Payments $, TOTAL DUE DIRECTOR $ 1, 786.32 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: Morales MONTH March 2009 Board Meetings: _10, 23 Conferences and Other Meetings DATE ORGANIZATION PURPOSE 4 _EVWD _Special Budget Meeting 11 _EVWD _Legislative Committee 17 _ACWA _State Legislative Symposium 18 ACWA _State Legislative Symposium 19 _CA Assembly_ ASM Wilmer Carter /Legislative Open House 25 _SB Chamber _Chamber of Commerce A.M: Meeting 28 ___,City of Highland_ _No Charge - Public Outreach / Annual Citrus Event 30 _San Manuel_ _Planning Review TOTAL # OF MEETINGS-9_ @ $175.00 each $_1,575.00 Travel Expenses: (Details on Back) Director's Signature_ Date of Board Approval EV DExp WR 2009 Total Director's Expenses $ 239.49_ Total Director's Meetings & Expenses $ Less any Advance Payments $ TOTAL DUE DIRECTOR $ 1 814 49 TRAVEL. EXPENSES I,_odgings: (Detailed receipts attached *) DATE FUNCTION ATTENDED AMOUNT _ 18 -_ ._ACWA LEG Symposium $_129.33- $ Ej TOTAL LODGING $ 129.33 Personal Auto: (Detailed receipts attached *) DATE FUNCTION ATTENDED MILES PARKING FEES _ 1'7 _ _ ACWA LEG Svmposium — 29_ $ _ 18 _— _ ACWA LEG Symposium _29_ $_34.00_ TOTAL FEES $ 34.00 TOTAL MILES _58 x $.55 per mile $ 31.90 Meals: (Detailed receipts attached *) DATE FUNCTION ATTENDED AMOUNT _ 18, - -.— -_ACWA LEG Symposium $_14.26 TOTAL MEALS $ Other: (Detailed receipts attached *) - DATE FUNCTION ATTENDED AMOUNT 17 ACWA LEG Symposium $ 15.00 18 ACWA LEG Symposium $ -15.00 TOTAL OTHER $ 30.00 " ORIGINAL RECEIPTS REQUIRED TRAVEL EXPENSES $ _239.49 (Enter this total on the front of form) EVWD EMp VAR 2009 x 's" ro t 7: E. � ITy K v � � cc+ Cy F: ri N eo s �n sY R= `C Q CD 0� �h Fy ' M � O Z. Q AV 1 Z ti � Cs � Cif c> :S °e � Cp co as �n k T' F2 � s so .a ro co }a Fz �N F: A a s A �s Q+ Q � m a N FS N � M CJ Fir gars 5- (p N DTI yy O a = P n yy r� N t ro b h O a � m H � N Q X A N N iD W ONO O A O N N� T A A w i0 Oo OHO N Vii 00 W J o C o 0 0 0 0 o e o 0 A 0 d 7 A O w W N P J N N J VA 00 A G C A c w pn rn C r 'y to tz OQ OO y u, t � co �] O N •-- O O `e o w A n 7 c 5 c o o y c W W N J O C• � m N� O to N O W tNii �-- cJi, - W � Z 0 0 w v y m N m rn M y N Li a tz w C td w y A m v, aq 7 N c z z z d� A C CD y z G' zw z zzz d a A •�' z� � A A O W O 000 O O .UP O a a a " o e o 0 0 Y L r � � C >r H t�7 " t C � i H� } `� C C 'y co �] O N •-- O O w A W W N J O C• � m N� O to N O W tNii �-- cJi, » W 0 0 w Y L r � � C >r H t�7 " t C � i H� } H cjH[ LAN D. Area Chamber of Commerce Y"ur 9rovdm March 25, 2009 Highland Area Ms. Justine Hendricksen ChamberofConrrnerce EAST VALLEY WATER DISTRICT $omrd o mr'eCton 3654 Highland Avenue, Suite 18 President Highland, California 92346 CraigP.7uff IInummiel Baptist Church Vice-President Dear Justine: Laura Tolbirt Ontario Reign On behalf of the Highland Area Chamber of Commerce, I would like to Treasurer Steve Aenthom thank East Valley Water District for your continued membership and participation ,4aowhead Country Club in the Highland Area Chamber. Since 2000, your membership has been a Secretary testament to the strength of our local economy and we thank you for your support June Yamamoto of the Highland area business community. '"ration Hills College Emege:ncy Training Center We value our relationship with you and commend your outstanding level Linda Brook C:rntury 21 Showcase of entrepreneurship and community pride. Thank you for being an important part of our organization! Charlie Gabriel .Anowhead Credit Union 'dwardtlenrtque Best Regards, Wells Fargo Bank Yo artner in GROWTH!, Audreyi; ¢ Sim ldanuel Indian Bingo &. � casino -ino Lindsay Mingee Michael Stojjel Executive Director C omfury 21 showcase Highland Area Chamber of Commerce J. Vela IBC Print & Design "Ship" P.S. — Did you know that a portion of your Chamber Membership dues may be G »rge Mison E ul Valley Water District considered tax - deductible as a necessary business expense? Please consult your trusted tax - preparer for more information and reference our Tax I.D. No. 9765680. Staff LindsayMingee I?Xccutive Director Sylvia Reyes Member Services Coordinator i Highland Area Chamber of Commerce : Your Partner for Growth P.O. Box 455 Highland, CA 92346 Phone: (909) 864 -4073 : email: heoc @highlandChamber.org : \&ww.highlandchamber.org rip AtIduJI-F mn—jr ;U .1 2501 E Marshall Blvd Highland California 92346 909 - 862 -7111 April 3, 2009 Jo ]McAndrews Kip Sturgeon East Valley Water District 3654 E. Highland Ave., Suite 18 Highland., CA 92346 To Whom It May Concern: As a teacher at Belvedere Elementary, I would like to take a moment to tell you, thank you for providing us with the opportunity to participate in the Calendar Poster Contest. I believe it is important for you to know what a valuable experience it is for our students. The East Valley Water District Poster Contest has become a much anticipated activity among the students at Belvedere Elementary. Each year we have over 200 students turn in posters. Belvedere's parents are very supportive of their children's participation and look forward to it almost as much as the students do. The poster contest is a fun and motivating way to teach students about the importance of water conservation. Participation provides an opportunity for students to learn valuable habits while teaching them important vocabulary and comprehension skills. Students tell us how they have gone home and implemented what they have learned. Many of them have become very water conscious and have turned into little water police. One of the most valuable assets of this contest is the opportunity it has provided to our academically challenged students. Several of Belvedere's students that have won prizes from the contest, have experienced few academic successes. Planning, designing, and completing a poster, has provided these students with an opportunity to shine. On behalf of Belvedere Elementary, thank you East Valley Water District for providing us with such a fun way to teach and learn about the importance of water. Cordially, y or ? ,y o r 13ehr re Elementary 4a'- 61h Grade Resource Teacher '00 INFRASTE N O ck ILI N INFRA S-7 WHAT'S INSIDE: Action on Water NOW! Be a part of the biggest water rally in the history of California. Conference Programs Agenda features a variety of water topics. Sponsors ACWA thanks the 2009 Spring Conference sponsors. Beatles Come Alive! A piece of the 1960s comes to ACWA's Spring Conference. IMPORTANT Important exhibit hall, hotel and registration information. Association of California Water Agencies Leadership Advocacy Information Apr112009 0 UCTURE You're Invited Hello! As your president, I would like to cordially invite you to ACWA's 2009 Spring Conference & Exhibition, "Water Infrastructure 911;' scheduled for May 19 — 22 in Sacramento. California is in a water infrastructure crisis that is choking the economy and the environment. The crisis is costing jobs and water supplies at a time when California and the nation are struggling with the worst economic downturn in decades. As we move through 2009, will we be able to rise to the occasion and address these critical concerns? And how will we be able to ensure that California continues to have a safe and plentiful water supply well into the future? You will hear from local, state and federal water leaders about California's water infrastructure crisis, the drought and how it compounds this problem, the Delta Vision, water stewardship, the endangered species problem, and how the economy plays into all of this. A centerpiece of this conference is a water rally set for May 20 on the Capitol steps where conference attendees will ask for Action on Water Now! See page 3 for details. Additionally, there will be programs specifically aimed at legal, finance, human resources, and water treatment and distribution professionals. We will also have opportunities for directors to receive their ethics training. This is your chance to network and meet up with friends and colleagues at the receptions and special events being held. I look forward to seeing all of you. See you in Sacramento! Glen D. Peterson ACWA President off ACWA is planning a major rally May 20 on the steps of the Capitol to call for action on water. a Join local water leaders from throughout the state to press for action on a comprehensive plan to address our water challenges. Let your elected representatives know it's time y for Action on Water Now! If ever there was a time for action, it's 2009. With a statewide drought emergency in effect, water shortages in w I many parts of the state and the Delta in crisis —it's critical to press for solutions and keep water issues before our state leaders and the public. vuww.acwa.com The rally, timed to coincide with a key week in the legislative ' session, is being held in conjunction with the ACWA 2009 Spring Conference & Exhibition at the Sacramento Convention Center and surrounding hotels. Join us on the Capitol steps at 1:30 p.m. on Wednesday, oaf . May 20, to make the case for Action on Water Now! 4111 ,; 5' �, Association of California y�. Water Agencies More information is at www.acwa.com. ® vuww.acwa.com 1 �r A �b r ;F n P s ' •p Wednesday, May 20, 8 - 9:45 a.m. California is experiencing the worst water crisis in its history and our inadequate infrastructure is at the heart of it. That's why our conference theme is "Water Infrastructure 911!" At the opening breakfast, hear experts explain why we must invest in infrastructure immediately as part of a comprehensive plan to protect California's environment and economy in the 21st century. Continuing Education and Training opportunities Many of ACWA's program sessions qualify for credit for professional career development. This conference will offer continuing education credit to Certified Public Accountants, attorneys and legal professionals, human resource administrators, and water treatment and distribution operators. There will also be opportunities to receive water agency official ethics training. Public officials in office must receive this training every two years (24 months). See pages 8 -9 for ethics training times. Board members and managers can attend JPIA's new course on sexual harassment prevention training as mandated by AB 1825. This course takes place Tuesday, May 19 from 1:30 - 3:30 p.m. See page 10 for more infomation. All programs offered during ACWA's 2009 Spring Conference & Exhibition are valid for SDLF's Special District Administrator Certification Program. For information on the certification program, please visit: www.sdif.org. For more information about ACWA's continuing education programs or ethics training, contact Lori Doucette at f916) 441 -4545 or lorid@ocwo.com. 4 ACWA Spring Conference & Exhibition News, April 2009 i7F MFQ ' 0 O v< v ATTORNEYS These programs are approved by the State Bar of California for attorneys to receive general MCLE credits. It's 2013 and It's Still Dry —What the Heck Do We Do Now? lNedr esday, May 20, 10 -11:30 a.m. (1.5 hours of general MCLE credit) California's cities and farms are confronting a severe water shortage in 2009, but what if it remains dry through 2013- -then what? Our water situation in 2009 is grim, but what if it gets even more grim? If we imagine how difficult things could be four years from now, can that help us figure out what we can or should do today and tomorrow? A panel of legal experts from outside the water community will explore how vve might head off a catastrophe of unprecedented dimension. Overcoming Water Supply Uncertainty in Land -Use Planning Thursday, May 21, 10 -11:45 a.m. (1..7'5 hours of general MCLE credit) This session will tackle key issues facing decision - makers and lead agencies in water supply planning for land use. Using mixed -media and lively debate, this sessiCn will provide participants with an understanding of how to properly evaluate water supply and avoid potential legal pitfalls in water planning throughout the development process. Navigating Through Water Rights Enforcement Actions Before the State Water Resources Control Board Thursday, May 21, 2:15 -3:45 p.m. (1.5 hours of general MCLE credit) Tactical and legal issues involved in water rights enforcement actions before the State Water Resources Control Board ( "State Water Board ") is the focus of this session. Specifically, the presentation will provide (1) an overview of State Water Board policy regarding enforcement efforts and (2) guidance on the procedural and substantive issue likely to arise prior to, during, and after the State Water Board commences the action. FINANCE There are finance programs being developed at this time. CPAs may receive continuing education credit by attending these programs. CONFERENCE PROGRAMS CONTINUED ON NEXT PAGE www.acwa.com 5 HUMAN RESOURCES These sessions may count as electives towardsJPIA's Human Resources Certification Program for HR professionals. HOT TOPICS: COBRA Subsidy, HIPAA Amendments and the Children's Health Insurance Program: Compliance Action Plan Wednesday, May 20, 10 -11:30 a.m. Mike Fowler will discuss the new COBRA requirements as well as the new HIPAA mandates included in the final version of the federal stimulus bill. He will discuss the new employer obligations imposed by the reauthorized Children's Health Insurance Program (S- CHIP). Saving $$ in Workers' Comp Costs During Tough Economic Times Thursday, May 21, 10 -11:45 a.m. Saving dollars in tough economic times is essential. Learn how a district revamped its safety and training program and ultimately reduced workers' compensation claims. You will also learn about making an informed purchasing decision; equipment traps to avoid, proper training and legal obligations. Hiring Contingent Workers /Retirees: Mistakes to Avoid Thursday, May 21, 2:15 -3:45 a.m. Listen to a presentation on specific laws and regulations applicable to public employers regarding contingent workers and the policies and procedures that need to be in place. PERS is currently adopting new regulations related to contingent workers that employers need to be aware of. Additionally, several cases involving the hiring of retired managers where contracts did not clearly delineate the duties and put their retiree status in jeopardy will also be discussed. WATER TRENDS Groundwater and Conjunctive -Use: Managing Sustainable Use and Development Thursday, May 21, 10- 11:45am With dwindling supplies, climate change and a third year of drought, the development and implementation of successful and sustainable conjunctive -use projects is more important than ever. This session will feature examples of effective programs and methods for agencies to use that will maximize the availability and reliability of California's groundwater and surface water resources. Opportunities for Water Agencies in the Current Economic and Political Environment Thursday, May 21, 10 -11:45 a.m. Constituents of Emerging Concern (CECs): Into the Looking Glass Thursday, May 21, 2:15pm- 3:45pm CECs have been front and center in the papers and on TV, but there are still more questions than answers on the developing science and its ramifications for the water community. Speakers will discuss what is already known about CECs, what is on the horizon, and their predictions for the future. ACWA Spring Conference & Exhibition News, April 2009 4. = ..G s 0' nD i . o o lam to C ".�_ 1 °�..,� Will IO20' _ 3 �� wwvv.acwa.com Water Now Wednesday, May 20, 10 -11:30 am California is facing the most serious water crisis in its history, because of the combined effects of drought, increasingly - stringent environmental protections on water project operations, an inadequate infrastructure, and the failure to protect the reliability of existing water supplies. All sectors of California's once robust economy are being seriously impacted. Speakers representing agriculture, manufacturing, business and labor will share with conference attendees the impacts their members are experiencing as a direct result of California's ongoing water crisis. Creating A Sustainable Delta Thursday, May 21,10-11:45 a.m. Both ACWA's Economic and Environmental Sustainability Principles and the Delta Vision Cabinet Committee report recognize that paramount to a successful Delta strategy is the recognition that a reliable, adequate water supply and a healthy ecosystem must be primary co -equal goals. Representatives from the conservation and environmental communities will share with conference attendees their perspectives of what it means to have a reliable water supply and a healthy Delta ecosystem as co -equal goals. Watershed Stewardship: Why is it Important? Thursday, May 21,10 -11:45 a.m. 7 Commissioner's Forum Thursday, May 21, 2: 15 - 3:45 p.m. Join Bureau of Reclamation Acting Commissioner William I McDonald, Mid - Pacific Regional Director Don Glaser and Lower Colorado Regional Director Lorri Gray for updates and conversation on pending issues, including 2009 water -year projections, stimulus projects, the Colorado River and key CVP water issues. 4. = ..G s 0' nD i . o o lam to C ".�_ 1 °�..,� Will IO20' _ 3 �� wwvv.acwa.com Water Now Wednesday, May 20, 10 -11:30 am California is facing the most serious water crisis in its history, because of the combined effects of drought, increasingly - stringent environmental protections on water project operations, an inadequate infrastructure, and the failure to protect the reliability of existing water supplies. All sectors of California's once robust economy are being seriously impacted. Speakers representing agriculture, manufacturing, business and labor will share with conference attendees the impacts their members are experiencing as a direct result of California's ongoing water crisis. Creating A Sustainable Delta Thursday, May 21,10-11:45 a.m. Both ACWA's Economic and Environmental Sustainability Principles and the Delta Vision Cabinet Committee report recognize that paramount to a successful Delta strategy is the recognition that a reliable, adequate water supply and a healthy ecosystem must be primary co -equal goals. Representatives from the conservation and environmental communities will share with conference attendees their perspectives of what it means to have a reliable water supply and a healthy Delta ecosystem as co -equal goals. Watershed Stewardship: Why is it Important? Thursday, May 21,10 -11:45 a.m. 7 ei Y� I. s It r.. rr� t2) 8:30 -10 a.m. • ACWA /JPIA Workers' Compensation Program Subcommittee Meeting 10:15 -11:45 a.m. • ACWA /JPIA Executive Committee 1:15 -2:30 p.m. • ACWA /JPIA Town Hall Meeting 3 -5 p.m. • ACWA /JPIA Board of Directors 5 -6 p.m. • ACWA /JPIA Board of Directors' Reception 8 a.m.-6 p.m. • Registration 8:30 -10:30 a.m. • ACWA /JPIA Seminar i 10 -11:45 a.m. • Safe Drinking Water Subcommittee 10:45 -11:45 a.m. • ACWA /JPIA Seminar II 11 a.m.-Noon • Outreach Task Force Noon -2 p.m. • ACWA 101 & Luncheon • Committee Lunch Break 1 -2:45 p.m. • Clean Water Subcommittee • Finance Committee • Groundwater Committee • Insurance & Personnel Committee • Scholarship Subcommittee 1:30 -3:30 p.m. • ACWA /JPIA Seminar III: "Sexual Harassment Prevention (AB 1825)" 2-4 p.m. • SDLF Special District Administrator Certification Test 2 -4:15 p.m. • Ethics Training 3 -4:45 p.m. • Communications Committee • Energy Committee • Federal Affairs Committee • Local Government Committee • Membership Committee • Water Management Committee 5 -6:30 p.m. • Welcome Reception in the Exhibit Hall 7:30 a.m: 5 p.m. • Registration 8 -9 :45 a.m. • Opening Breakfast 8 a.m.-Noon & 1:30 -5 p.m. • Exhibit Hall 10 -11:30 a.m. • Attorneys Program: "It's 2013 and It's Still Dry—What the Heck Do We Do Now ?" • Exhibitor Technical Presentations • Finance Program • "Getting Results: How to Connect With Legislators" • Human Resources Program: "HOT TOPICS: COBRA Subsidy, HIPAA Amendments and the Children's Health Insurance Program: Compliance Action Plan" • Region Forum • Statewide Issue Forum: "Water Now • Water Trends Program 11:45 a.m: 1 p.m. • Luncheon 1 -3 p.m. • California Water Rally on the Capitol Steps 3:30.4 p.m. • Prize Drawing /Dessert Break sponsored by Krieger & Stewart, Incorporated, Consulting Engineers 4 -5 p.m. • Post -Rally Reception in the Exhibit Hall 4 -6 p.m. • Legal Affairs Committee S -7 p.m. • C:H210 Hill Hosted Reception 7:310 a.m: 12:15 p.m. • Exhibit Hall 7:310 a.m..4 p.m. • Registration 8 -9:15 s.m. • Networking Continental Breakfast 9:45 a.m. •Noon • Ethics Training 10 -11:45 a.m. • F�ttoripeys Pram: Overcoming Water Supply Uncertainty in Land - Use Planning" • Ene_r@,kCommiti:eeProgram: "Opportunities jor Water Agencies in the Current Economic and Political Environment" • Exhibitor Technical Presentations • Finance Program • Human Resources Program: "Saving $$ in Workers' Comp Costs During Tough Economic Times" • BMLign Forum: "Watershed Stewardship: Why is it Important ?" • Statewide Issue Forum: "Creating a :Sustainable Delta" • Water Trends Program: "Groundwater and Conjunctive -Use: Managing Sustainable Use and Development" 11:50 a.m.42:15 p.m. • Prize Drawing in the Exhibit Hall 12:15•4:45 p.m. • General Luncheon ACM/ a guarantees satisfaction with (W of its programs & events. 1:45 -2:15 p.m. • Dessert Break sponsored by Krieger & Stewart, Incorporated, Consulting Engineers 2:15 -3:45 p.m. • Attorneys Program: 'Navigating Through Water Rights Enforcement Actions Before the State Water Resources Control Board" • Commissioner's Forum • Exhibitor Technical Presentations • Human Resources Program: "Hiring Contingent Workers /Retirees: Mistakes to Avoid" • Water Forum Debate • Water Quality Committee Program: "Constituents of Emerging Concern (CECs): Into the Looking Glass" • Water Trends Program 4 -5 p.m. • 'California's Water' Series Screenings • Region 1 Business Meeting • Region 2 Business Meeting • Region 3 Business Meeting • Region 4 Business Meeting • Region 5 Business Meeting • Region 6 Business Meeting • Region 7 Business Meeting • Region 8 Business Meeting • Region 9 Business Meeting • Region 10 Business Meeting 5:15 -6:15 p.m. • Anadromous Species Task Force 6 -7 p.m. • No -Host Reception 7 -10 p.m. • Dinner and Entertainment 8 -9:30 a.m. • Registration 8:30 -10 a.m. • Hans Doe Forum Breakfast sponsored by AECOM Monday, May 18 1 -6 p.m. • Water Education Foundation Board of Directors Tuesday, May 19 8 a.m. • ACWA /MWH Golf Tournament 1 -5 p.m. • CVP Water Association Members & Board of Directors Wednesday. May 20 4:30 -7:30 p.m. • Colorado River Board of California Thursday. U8V 2.1 6:45 -8:15 a.m. • San Joaquin Valley Agricultural Water Committee ACWA's 2009 Spring Conference a Exhibition • May 19 -22 • Sacramento y� r � r ► I I www..acwa.com 9 r;•, t� R W sa r, O ACWA would like to thank the following sponsors of the 2009 Spring Conference & Exhibition AECOM Albert A. Webb Associates Alliant Insurance Services, Inc. Anthem Bartle Wells Associates Basin Water, Inc. Best Best & Krieger LLP Black & Veatch Corporation CDM CH2M Hill Contractor Compliance & Monitoring, Inc. Cucamonga Valley Water District El Dorado Irrigation District ENTRIX, Inc. GEI Consultants, Bookman - Edmonston Division GEOSCIENCE Support Services, Inc. HDR Katz & Associates Krieger & Stewart Incorporated, Consulting Engineers Kronick Moskovitz Tiedemann & Girard, A Law Corporation Mojave Water Agency MWH Americas, Inc. Nossaman LLP Psomas RBF Consulting RMC Water and Environment San Bernardino Valley Water Conservation District Santa Clara Valley Water District Sonoma County Water Agency SPG Solar Stantec SunPower Corporation Turlock Irrigation District West Yost Associates Winzler & Kelly Consulting Engineers Sexual Narossment Prevention for Board Members a Managers (All 18251 Tuesday, May 1:9, 2009; 1:30 — 3:30 p.m. Presented by: Nancy Stangel, Director of Administration and Patricia Sloven, Training Specialist The JPIA developed this course in an effort to assist members to comply with the current law requiring management sexual harassment prevention training every two years (AB 1825). The course guides management through the sexual harassment investigative process including interviewing the complainant, alleged harasser, and witnesses. By equipping management with the knowledge they need to prevent and respond to harassment situations, the course helps to eliminate sexual harassment in the workplace. Other points covered by this course are understanding the California and federal sexual harassment laws; recognizing early signs of sexual harassment; maintaining open communication in a respectful environment; and investigating and resolving sexual harassment complaints. The program also covers the emotional aspects of harassment and the importance of creating a safe work environment where employees can report sexual harassment violations without fear of shame or retaliation. For more information, contact ACWA /JPIA at (916) 535 -7500. Human Resources professionals may count these session hours as electives towards JPIA's Human Resources Certification Program (HRCP). All JPIA seminars scheduled on Tuesday, May 19, are open to ACWA conference attendees. 10 ACWA Spring Conference & Exhibition News, April 2009 A thrilling and reverential tribui'le to the Fab Four, Yesterday gets it right!" - New York Daily News "Of `e,ring songs in their original keys, Yesterday was si)ot on in every way. The harmonies were tight. Their instrumentation was exact." - Atlantic City Press The Beatles Come Ailue! Thursday, May 21, 7 -10 p.m. A piece of the 1960s comes to ACWA's Spring Conference in Sacramento. loin your colleagues and friends at the Thursday evening dinner event from 7 —10 p.m. and enjoy the sound of "Yesterday" —the largest Beatles tribute band in the world. Since 1986, this group has been performing in the U.S. and internationally. Yesterday has been featured on radio and television, and in magazine publications. Among these are Rolling Stone Magazine, NBC, CBS, and ABC, Dick Clark's "Your Big Break" and Ed McMahon's "Star Search ". Yesterday's most recent show, "The British Are Coming!" depicts the Beatles "Live" U. S. performances. This show has been performed in South Lake Tahoe, Nevada, in Atlantic City at The Tropicana Hotel and Casino's Liverpool Club Theater. The show has become Atlantic City's longest running musical. Expertly depicting all eras of Beatles music, members of Yesterday's band and touring cast are among the top artist's in today's Beatle Tribute world. When registering for the spring conference, don't forget to purchase your ticket(s) to ACWA's Thursday evening dinner event to hear all the Beatles classics such as "Help," "Hard Day's Night" "Can't Buy Me Love," "I Want to Hold Your Hand." www.acwa.com 11 f•x M1V' it ri r W Exhibit Hall Features: Tuesday, May 19 5 - 6:30 p.m. Welcome Reception Wednesday, May 20 7:30 - 9 a.m. Coffee service 3:30 - 4 p.m. Ice cream break Cash & prize drawings 4 -5p.m. Post -Rally Reception Thursday, May 21 7:30 - 9 a.m. Coffee service 11:50 a.m. - 12:15 p.m. Cash & prize drawings Welcome Reception KiCtS Off Conference A welcome reception will be hosted in the exhibit hall on Tuesday, May 19, from 5 - 6:30 p.m. Enjoy an evening with vendors from around the United States and abroad as they welcome ACWA conference attendees to another great conference. The ACWA Exhibit Nall will be open again on Wednesday, 8 a.m.-Noon and 1:30 -5 p.m., and Thursday, 7:30 a.m: 12:15 p.m. This is a great opportunity for you to meet with vendors who might have the perfect solutions that your organization needs to meet the challenges ahead. We have also added something special in the exhibit hall for after the momentous rally on the Capitol Steps. On Wednesday from 4 - 5 p.m., you are warmly invited to continue the excitement of the day at a post -rally reception. Enjoy food and drink with your colleagues as you celebrate and discuss the day's events. When you visit an ACWA trade show, you can expect to make connections with the following types of businesses: • Accountants • Attorneys /Law Firms • Banks /Financial Advisors/ Investment Bankers • Computer Service Companies • Construction, Design and Planning Consultants • Energy Consultants and Suppliers • Engineering Firms • Environmental Consultants • Government Organizations • Insurance Brokers • Lobby Groups • Management Consultants • Product Dealers /Distributors/ Manufacturers • Public Relations Consultants • And more! Several exhibitors are once again sponsoring a variety of refreshments for your enjoyment in the exhibit hall: • Morning coffee service provided by Alliont Insurance Services, Inc. • Ice cream break on Wednesday, provided by Krieger and Stewart, Incorporated, Engineering Consultants. 12 ACWA Spring Conference & Exhibition News, April 2009 I WA E w. 47M 9 0 1 a M O o V � I F O,R M AT 200 1a ACWA Spring Conference Preregistration Deadline: April 17, 2009 Hotel Reservation Deadline: April 24, 2009 Ploy to Secure Your Hotel Reservations Individuals must be registered for the ACWA conference in order to receive hotel reservation information. Registrants will receive the hotel reservation information via email confirmation. All other registrants, depending on when they register for the conference, will receive the information within 10 business days after their conference registration has been processed by ACWA's IT department. CA Mhqftaeum m �� i 9111A %% Crocker n•,u `� Park Crocker �• ^ /r�' a Mmoseum �•.0 ;( N 4, rot* • Hotel reservation information will be sent via e-mail, if provided, or U.S. mail. We regret that ACWA cannot fax this information. • Hotel reservations will be verified against the ACWA conference registration list. • Any reservation made outside of this housing policy will be subject to the hotels' regular room rate and availability. Thank you in advance for your cooperation! �! E t `� q rYWBr. N �; YagabondErecuDVelmn— Gsy Sacramento ^ ^s5 y Old Town IntemaDOnal r ° HSt a DowMOW sofa Hatmerim g cepw Plats' 4 l sf Best wastem ChhtaWwn SuHarown NDe�rtSendMote! west w Jsr i:p' sterol g N N Eaono Lodge ShoP0 gtown, HolldaylnnExpress HOW Daxvdowrt ShemWn `N f {� clarion Howmansion ton I Plaza �„1 �Sovemor's '�°' Meet Grand �` Mandan Man saamalemo "lly tSt lots 41 , Inn fit,, T & Fa o CIPT No o< Theatre SACRAMlYlO Auditorium , HStaYMuseran Sacremeang n m GN ..'�.. ir wo NSr Capitol ;"F.l. LetandStenientMenslon Park STA STATE W) V', 04 4T D0WNT0WN �, p� Callkmnia State v Roosevelt HlstoryMuseum Park D.c. 160 , www.acwa.com 13 s.lG .. � L Est Di Museum H1�CBMer .. a■n „ Est , . Tin a■ns °j l "OLD st ; 6*1E MEWO • o■�u Ysitor , CA Mhqftaeum m �� i 9111A %% Crocker n•,u `� Park Crocker �• ^ /r�' a Mmoseum �•.0 ;( N 4, rot* • Hotel reservation information will be sent via e-mail, if provided, or U.S. mail. We regret that ACWA cannot fax this information. • Hotel reservations will be verified against the ACWA conference registration list. • Any reservation made outside of this housing policy will be subject to the hotels' regular room rate and availability. Thank you in advance for your cooperation! �! E t `� q rYWBr. N �; YagabondErecuDVelmn— Gsy Sacramento ^ ^s5 y Old Town IntemaDOnal r ° HSt a DowMOW sofa Hatmerim g cepw Plats' 4 l sf Best wastem ChhtaWwn SuHarown NDe�rtSendMote! west w Jsr i:p' sterol g N N Eaono Lodge ShoP0 gtown, HolldaylnnExpress HOW Daxvdowrt ShemWn `N f {� clarion Howmansion ton I Plaza �„1 �Sovemor's '�°' Meet Grand �` Mandan Man saamalemo "lly tSt lots 41 , Inn fit,, T & Fa o CIPT No o< Theatre SACRAMlYlO Auditorium , HStaYMuseran Sacremeang n m GN ..'�.. ir wo NSr Capitol ;"F.l. LetandStenientMenslon Park STA STATE W) V', 04 4T D0WNT0WN �, p� Callkmnia State v Roosevelt HlstoryMuseum Park D.c. 160 , www.acwa.com 13 REGIST'RAT10N INFORMATION SAVE MONEY ON YOUR REGISTRATION Everyone who attends the conference must register and pay the appropriate registration fee. You can lower your conference registration fees in a number of simple ways: Package Registration Available to ACWA public agency and individual members, affiliates and associates only: by taking advantage of this special deal, you will save $125 over registering for each option separately. The same registration and meal combination will cost you an additional $162 if you wait to purchase this on site. Package registration includes Tuesday night's opening reception, your registration fee for the entire conference, and one ticket to all meals (3 breakfasts, 2 lunches and 1 dinner). The package is only available until April 17. Registration Deadline The registration deadline is April 17. After that date, you must register on site. Registration may be paid with a check or charged on your Visa or MasterCard. Online Registration Registration is also available online until April 17 by visiting ACWA's Web site at: www.acwa.com. substitutions /Refund Policy • Substitutions can be made but must be requested in writing prior to April 17. After that date, they will need to be handled on site. • Refund requests may be made by phone, but must be confirmed in writing to the ACWA office. • Handling charge of $50 on all registration refunds and credit vouchers. • No spouse / companion registration fee refunds. • No cash registration fee refunds after April 10. • Credit vouchers will be issued April 11 -17. • Meals will be refunded until 4:30 p.m., April 17. • There will be no refund transactions made during Registration Hours: Tuesday, May 19 8 a.m. - 6 p.m. Wednesday, May 20 7:30 a.m. - 5 p.m. Thursday, May 21 7:30 a.m. - 4 p.m. Friday, May 22 8 - 9:30 a.m. Who Is Eligible For ACWA Advantage Pricing? The following people are eligible for ACWA Advantage pricing: • Any ACWA member organization's officers /directors. • Any employee on an ACWA public agency member, affiliate or associate organization's payroll. • Any ACWA board member whose fee is paid for by a member agency. • Any state or federal administrative or legislative personnel in elective, appointive or staffing positions. • Staff of ACWA /1PIA, Water Education Foundation and California Water Awareness Campaign. • Any individual or honorary life member. If you are interested in learning more about becoming a part of ACWA, contact Lori Doucette at (916) 441 -4545 or lorid @acwa.com. Name Badges Name badges must be worn to attend all conference events. Badges may be checked at the doors. Information for the badges will be taken directly from conference preregistration forms, making it vital that complete, accurate and legible information be on the form. Deadline for returning forms to assure badges will be prepared is April 17. Badges will be available only for those who register for the conference. Name badge support is sponsored by Bartle WeRsAssociates . the conference. Note: If you have a disability that may require NO REFUNDS AFTER APRIL 17. accommodation to assure your full participation, please contact Ellie Meek of the ACWA staff to discuss your needs. 14 ACWA Spring Conference & Exhibition News, April 2009 Aci'lliki lk.' € 2COU b ring 0101 0 M101011 FFON -DiStr Ilan Sacramento Convention Center & Surrounding Hotels • May 19-22,2009 PREREGISTRATION DEADLINE IS APRIL ti, 2009. OFFICE USE ONLY - S009- 2 E -- PKG - -- Those received after April 17 will be returned, regardless of postmark. Deadline to cancel and receive refund B voucher is April 17. Seepage 14. There is a $50 handling fee on all cancellations prior to this date. T — DATA Fill In Completely - Please Print /Type Clearly Name on Badge to Read Spouse /Companion ($30 fee if attending) ;anization dyes City State Zip Phone: ( Attendee E -mail Address: Confirmation E -mail Address: FAX:( Please check all that interest you. ❑ Attorneys (TI) ❑ Human Resources (T3) ❑ Finance (T2) ❑ Small Agencies (T4) ❑ Groundwater (T7) ❑ Water Trends (TS) ❑ Other (please list) Credit Card Payment Information Please charge my fee to my credit card: S ❑ ' �_ ❑ vrsn Credit Card Number: IIIIILI I Exp. Date: L�J Signature: I I W Amount: $ Preregistration PACKAGE —ACWA public agency members, affiliates & associates only (Includes registration and all meals. Does not include spouse registration.) Not available on site. (20) ... $595 $ Conference Registration (21) *Seepage 10forpricing option explanation Preregistration On Site Amount (Meals not inciuded) Advantage* ................................ ............................... $450 ($475) $ Stanc lard* ................................. ............................... $675 ($710) $ Spouse /Companion (Non- refundable) (22) ...... ............................... $30 ($40) $— Claily Conference Registration Preregistration On Site Amount (Mrsols not included) (Advantage) (Standard) (Advantage) (Standard) ❑ Tues., May 19 /Wed., May 20 (23) ........................ $235 $350 $250 $375 $ ❑ Thurs., May 27. /Fri., May 22 (24) .......................... $235 $350 $250 $375 $ 'sEl; :tt `U''1�.!tS.`�} Quantity Preregistration On Site Amount Wednesday, May 20 Opening Breakfast (30) .......... ............................... $40 ($42) Luncheon (31) .................. ............................... $45 ($47) Thursday, May 21. Networking Continental Breakfast (3s) ........................... $25 ($27) Luncheon ('n) .................. ............................... $45 ($47) Dinner ( 33) ..................... ............................... $75 ($77) Friday, May 22 Hans Doe Forum Breakfast, sponsored by AECOM (34) ............... $40 ($42) Ethic(i Training Registration (Choose ONE - No additional fee required if registered for conference.) TOTAL $ ❑ Tuesday, May 19, 2 -4:15 P.M. (50) ❑ Thursday, May 21, 9:45 a.m.-Noon (52) r-- Make checks payable to ACWA, and send to: ACWA, P.O. Box 2408, Sacramento, CA 95812 -2408. FAX (916) 325 -2316. Do not fax AND mail this form. Questions? Contact ACWA at (916) 441.4545, toll free (888) 666 -2292, or e-mail: events @acwa.com. 1N W Nl, a cwa.CO rrl 15 Association of California Water Agencies Leadership Advocacy Information since t9to 910 K Street, Suite 100, Sacramento, CA 95814 -3577 REGISTER ONLINE www.acwa.com "'•" --3- DIGIT924 Mr. Robert E. Martin East Valley Wd PO Box 3427 Sn Bemrdno CA 92413 -3427 Presorted First Class US Postage PAID Sacramento, CA Permit No. 949 c Ilrlr, r, Irlrlrrl�rrllrrllrrrllrrlrrl�rlrllr�rlr�I�IIE z�1Il,Alley Iktater District n 1 INFRASTRUCTURE 9 Printed on Recycled Paper