HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 03/22/2011East Valley
Water District
3654 HIGHLAND AVE., SUITE 412, HIGHLAND, CA
BOARD MEETING March 22, 2011 3:00 P.M.
AGENDA
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"In order to comply with legal requirements for posting of agenda, only those items filed with the
District Secretary by 12:00 p.m. on Tuesday prior to the following Tuesday meeting not requiring
departmental investigation, will be considered by the Board of Directors ".
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
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1. Public Comments
2. Approval of Agenda
CONSENT CALENDAR
3. Approval of Board meeting minutes for February 8, 2011
4. Accounts Payable Disbursements: Accounts Payable Checks # 227762 through # 227962
which were distributed during the period of March 2, 2011 through March 14, 2011, in the
amount of $1,171,044.70. Payroll and benefit contributions for the period ended March 14,
2011 and included checks and direct deposits, in the amount of $273,707.22. Total
Disbursement for the period $1,444,751.92.
5. General Managers Expenses
NEW BUSINESS
6. Discussion and possible action regarding the 2011 -12 Legislative report presented by Bob
Reeb
7. Discussion and possible action regarding the OPEB Actuarial Valuation
8. Discussion and possible action regarding the San Bernardino Valley Water Conservation
District's groundwater extraction fees
9. Review and accept financial statements for the month ended January 31, 2011
REPORTS
10. General Manager / Staff Reports
11. Consultant Reports
12. Committee Reports
• Legislative (Standing)
• Community Affairs (Standing)
• Policy Committee ( Standing)
• Labor Negotiating Committee (Ad -Hoc)
• Succession Planning Committee (Ad -Hoc)
13. Oral comments from Board of Directors
CLOSED SESSION
14. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
[Government Code Section 54957]
Title: General Manager
15. CONFERENCE WITH LABOR NEGOTIATOR
[Government Code Section 54957.6(a)]
District Negotiator: To be determined
Employee Organization: S.B.P.E.A.
16. CONFERENCE WITH LEGAL COUNSEL — ANTICPATF.D LITIGATION
Initiation of litigation pursuant to Government Code Section 5,1956.9(c)
One (1) Potential Case
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
ADJOURN
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Pursuant to Government Code Section 54954.2(a), any request f�)r a disability- related modification or
accommodation, including auxiliary aids or services, that is sough! in order to participate in the above -
agendized public meeting should be directed to the District's Adtniristrative Manager at (909) 885 -4900 at
least 72 hours prior to said meeting.
2
Subject to approval
EAST VALLEY WATER DISTRICT February 8, 2011
REGULAR BOARD MEETING
MINUTES
The meeting was called to order at 3:03 p.m. by President Wilson. Mr. Kennedy led the flag
salute.
PRESENT: Directors: LeVesque, Malmberg, Morales, Sturgeon, Wilson
ABSENT: None
STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial
Officer; Ron Buchwald, District Engineer; Justine Hendricksen,
Administrative Manager; Becky Kasten, Accounting Supervisor; Eileen
Bateman, Executive Assistant
LEGAL COUNSEL: Steve Kennedy
GUEST (S): Charles Roberts (Highland Community News), Cara Van Dijk (CV
Strategies), Ron Coats, Dr. Bill Mathis (Mathis Consulting Group)
PUBLIC COMMENTS
President Wilson declared the public participation section of the meeting open at 3:04 pm.
There being no verbal or written comments the public participation section was closed.
APPROVAL OF AGENDA
M /S /C (Malmberg- Sturgeon) that the February 8, 2011 agenda be approved as amended.
President Wilson recommended to move Item #9 after Item # 5.
Director Morales requested to recuse himself from Item #27 as he has not received clarification
if there is a conflict of interest.
APPROVAL OF BOARD MEETING MINUTES FOR JANUARY 25, 2011
M/S /C (Malmberg- Sturgeon) that the January 25, 2010 minutes be approved with the
correction stated by Director Morales.
Director Morales stated that a correction to the minutes on page three, paragraph four should
read as follows: Director Morales stated that the JPA committee had reviewed the agreement
with the City of San Bernardino.
Minutes 02/08/11
etb
DISBURSEMENTS
M /S /C (Malmberg- Levesque) that the General fund Disbursements 4227136 through
#227302 which were distributed during the period of January 5. 'C: 1 through January 12, 2011,
in the amount of $1,143,094.82 and Payroll and Benefit cow irutions for the period ended
January 12, 2011 and included checks and direct deposits, in the -mount of $185,207.95 totaling
$1,328,032.77 be approved.
GENERAL MANAGERS EXPENSES
M /S /C (Malmberg - Sturgeon) to approve the General Managers expenses as submitted.
DISCUSSION AND POSSIBLE ACTION REGARDING THE DISTRICT'S STRATEGIC
PLANNING PROCESS
Dr. Mathis discussed the District's strategic planning process and reviewed the business plans.
No action taken.
RESOLUTION 2011.02 — A RESOLUTION OF EAST VALLEY WATER DISTRICT
AUTHORIZING THE GENERAL MANAGER TO SIGN FUNDING AGREEMENT,
CERTIFICATIONS, AND AMENDMENTS FOR FUNDING UNDER THE SAFE
DRINKING WATER STATE REVOLVING FUND, AUTHORIZING THE GENERAL
MANAGER TO APPROVE CLAIMS FOR REIMBURSEMENT; AUTHORIZING THE
GENERAL MANAGER TO EXECUTE BUDGET AND EXPENDITURE SUMMARY;
AUTHORIZING THE GENERAL MANAGER TO SIGN THE CONTRACTOR'S
RELEASE FORM; AND DEDICATING REVENUES FROM WATER RATES AS THE
SOURCE OF REVENUE TO REPAY SAID LOAN
M /S /C ( LeVesque- Malmberg) to approve Resolution 201 1.02.
RESOLUTION 2011.01 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
EAST VALLEY WATER DISTRICT ESTABLISHING POLICIES FOR ITS
COMPENSATION, REIMBURSEMENT, ETHICS AND SEXUAL HARASSMENT
TRAINING, AND INSURANCE COVERAGE
M/S (Wilson - Sturgeon) m approve Resolution 2011.01
Director Morales reviewed the document and recommended that the Board consider a decrease
in Directors compensation; that this item be on the next agenda for further discussion and update
of Resolution 2011.01.
M /S /C (Wilson- Sturgeon) to amend motion to reflect the recommendations to cut
compensation and expenses by 25 %.
ORDINANCE 378 — AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
EAST VALLEY WATER DISTRICT ESTABLISHING GUIDELINES FOR THE
CONDUCT OF ITS PUBLIC MEETING AND ACTIVITIES
Minutes 02/08/11
etb
Legal Counsel reviewed the ordinance and recommended that in the Ordinance section to include
"as may be amended" in section 1, paragraph 1 relating to Exhibit "A" (Board Norms and
procedures)
M /S /C (Levesque- Malmberg) to approve Ordinance 378 with the recommended changes
by Legal Counsel.
DISCUSSION AND POSSIBLE ACTION REGARDING THE DISPOSAL OF THE
DISTRICT'S OUTDATED MRE'S
M /S /C (Levesque- Malmberg) to direct staff to dispose of the District's outdated MRE's.
DISCUSSION AND POSSIBLE ACTION REGARDING THE NOTIFICATION OF
NOMINATIONS FOR THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY
(SDRMA) BOARD OF DIRECTORS ELECTIONS FOR 2011
Information only.
REVIEW AND APPROVE THE DISTRICT'S FLEXIBLE SPENDING ACCOUNT
PLAN DOCUMENTS
Mr. Tompkins reviewed the Flexible Spending Account plan with the Board; that it is
recommended for the Board to adopt the plan on an annual basis.
Director Morales addressed a format issue with page I of the document.
Director Sturgeon stated that the Board approve the plan for 2011 and direct to the policy
committee for review for 2012.
M /S /C ( LeVesque- Morales) to approve the District's Flexible Spending Account plan
documents for 2011.
DISCUSSION AND POSSIBLE ACTION REGARDING THE DISTRICT'S BILLING
PROVISIONS
The General Manager stated that he and Director Sturgeon had discussed possible changes to
customer billing; that a level pay plan be discussed on the next agenda.
Director Sturgeon would like to see all customers have identical sewer charges and not the $2.00
surcharge; to have a single line item on bills for the treatment/collection charge; to also see the
water usage in gallons and not cubic feet as well as have a pie chart for usage.
No action taken.
REVIEW AND ACCEPT FINANCIAL STATEMENTS FOR THE PERIOD ENDED
DECEMBER 31, 2010
The Chief Financial Officer gave a detailed overview of the Financial Statement for period ended
December 31, 2010.
3 Minutes 02/08/11
etb
M/S /C (Sturgeon - Malmberg) to accept the Financial Ststcruents for the period ended
December 31, 2010.
DIRECTORS' FEES AND EXPENSES FOR JANUAR17 2011
M /S /C (Malmberg - Levesque) to approve the Directors' gees and Expenses for January
2011.
REVIEW AND ACCEPT THE INVESTMENT REPORT FOR THE QUARTER ENDED
DECEMBER 31, 2010
M/S /C (Sturgeon - LeVesque) to accept the Investment Report for the quarter ended
December 31, 2010.
GENERAL MANAGER /STAFF REPORTS
The General Manager stated that high -flow testing at the Seven Oaks Dam is scheduled for
February 17th; that a limited number of vehicles will be granted access; that Board members
who want to attend to coordinate with Administration so that the p -oper notice can be posted to
comply with the Board policy: that ARkSTORM will be discussed on February 18th at the
Yucaipa Community Center; Mr. Sturdivan has been working ,vitl L'SGS and CalEMA for this
event.
Director Malmberg and Wilson stated their interest in attending *.he .1RkSTORM event.
Mr. Buchwald stated that the pipe bursting for the sewer replacement project went very well; that
the next pipe bursting will take place at the end of the week; that well 24B will be flushed again
in the near future; that plant 134 is under way.
Director LeVesque is interested in viewing the pipe bursting.
CONSULTANT REPORTS
Ms Van Dijk gave a brief update on Community affairs:. that the customer survey is getting
positive response; that a message regarding the on -line survey will be placed on the customer
bills and posted at the offices.
COMMITTEE REPORTS
a. Legislative (Standing) — A meeting is scheduled for February 10, 2011. Director
Morales stated that the Committee will be reviewing it te Santa Ana Sucker strategies;
that AB262 redraws boundaries for the Santa Ana 2egional Water Quality Control
Board.
b. Community Affairs (Standing) — Next meeting is scheduled for February 24, 2011.
No comments at this tme.
c. Policy (Ad -Hoc) — No comments at this time.
The Board President wants to appoint Director Malmberg and !director LeVesque to the new
MOU Negotiation Committee.
4 Minutes 02/08/1)
etb
ORAL COMMENTS FROM BOARD OF DIRECTORS
Director Morales stated that he had an article from Elsinore Valley regarding a new program that
provides low flow showerheads, aerators and "Stealth" toilets; that the cost of the program is
approximately SImillion; that he ran in to June Yamamoto and she had requested give -a -ways
for the Highland Chamber fundraiser; that staff had given him a bag full of items for the event;
he also expressed his appreciation to the Board for allowing the District to subscribe to the
Capitol Track; that he sat on a state -wide panel that worked on a brochure for financial
management for elected officials
Director Malmberg stated that he had received a door -hanger regarding a water leak on his
property.
Director Sturgeon clarified his statement from a prior Board meeting regarding "lazy idiots "; was
regarding the Board and not staff; that he apologizes to anyone who may have taken offense.
President Wilson stated that he will be attending the ACWA Leg Symposium.
LETTER TO THE DISTRICT FROM THE SAN BERNARDINO VALLEY WATER
CONSERVATION DISTRICT REGARDING THE STATUS REPORT ON WASH PLAN
ACTIVITIES
Information only.
LETTER OF APPRECIATION TO THE DISTRICT FROM CWO DANIEL "MORGAN"
DYER, USMC (RET), REGARDING DISTRICT EMPLOYEE
Information only.
WATER EDUCATION FOUNDATION'S "2011 WATER TOURS ", VARIOUS DATES
AND LOCATIONS
Information only.
ACWA'S 2011 WASHINGTON, D.C. CONFERENCE, MARCH 1-3,2011
Information only.
WATER EDUCATION FOUNDATION'S "LOWER COLORADO RIVER TOUR ", LAS
VEGAS, MARCH 16-18,2011
Information only.
SPECIAL DISTRICT AND LOCAL GOVERNMENT INSTITUTE "ADVANCED
STUDIES, THE EXCEPTIONAL AGENCY ", INDIAN WELLS, APRIL 28-29,2011
Information only.
The Board took a break at 5:00 pm
5 Minutes 02/08/11
etb
The Board returned to session 5 :05 pm
CLOSED SESSION
The Board entered into Closed Session at 5:05 p.m. as provided in the California Open Meeting
Law. Government Code Section '�4945.9(a), to discuss those items l fisted on the agenda.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
The Board returned to regular session at 5:31 p.m. The items listed >n the agenda were discussed
in closed session with no reportable action.
ADJOURN
The meeting was adjourned at 5'31 p.m. until the next regularly scheduled Board Meeting.
George WiISc n. President
Robert E. Martin, Secretary
Minutes 02/08/11
etb
East Val ley
Water District
Board Memorandum
From: Brian W. Tompkins / Chief Financial Officer
Subject : Disbursements.
Recommandation:
Approve the attached list of accounts payable checks and
payroll issued during the period March 2, 2011 through
March 14, 2011.
Background:
Date MARCH 22, 2011
Accounts payable checks are shown on the attached listing and include numbers 227762 to 227962 for
A total of $1,171,044.70.
The source of funds for this amount is as follows:
Unrestricted Funds
$834,516.40
Bond Financing
$173,778.30
State Financing
$162,175.00
Payroll and benefit contributions paid for this period totaled $273,707.22.
Total disbursements $1,444,751.92.
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East Val ley
Water District
Board Memorandum
From: Brian W. Tompkins / Chief Financial Officer
Subject: General Manager's Expenses.
Recommendation:
Approve the attached list of payments and reimbursements
for General Manager expenses during the period March 2,
2011 through March 14, 2011.
Background:
Date: MARCH 22, 2011
Business and Travel expenses incurred by the General Manager and paid during the reporting period
stipulated above totaled $488.16.
A summary of theses expenses by authorized payment methods follows:
American Express — R Martin
371.40
American Express — J Hendricksen
CalCard — R Martin
76.76
CalCard — J Hendricksen
CalCard — E Bateman / C Contreras
Direct Reimbursement
Total
488.16
East Valley Water District
2011 -12 Session, First Year
All 19 (Fong D) Building standards: water meters: multiunit structures.
Introduced: 12 /6/2010
Status: 1/24/2011- Referred to Corns. on W., P. & W. and H. & C.D.
Is Urgency: N
Is Fiscal: Y
Location: 1/24/2011 -A. W.,P. & W.
Calendar: 3/22/2011 9 a.m. - State Capitol, Room 437 ASSEMBLY WATER, PARKS AND
WILDLIFE, HUFFMAN, Chair
Summary: The Water Measurement Law requires every water purveyor to require, as a condition of
new water service on and after January 1, 1992, the installation of a water meter to measure water
service. That law also requires urban water suppliers to install water meters on specified service
connections, and to charge water users based on the actual volume of deliveries as measured by
those water meters in accordance with a certain timetable. This bill would require a water purveyor
that provides water service to a multiunit residential structure or mixed -use residential and commercial
structure that is subject to specified building standards, to either adopt a general policy to require the
installation of either a water meter, as defined, or a submeter, as defined, to measure water supplied
to each individual dwelling unit, or to inform, on an individual basis, an applicant for new water service
as to whether a water meter or submeter is required to be installed for each individual dwelling unit.
The bill would require the owner of the structure to ensure that a water submeter installed for these
purposes complies with laws and regulations governing installation, approval of meter type,
maintenance, reading, billing, and testing of water submeters. This bill contains other related
provisions and other existing laws.
Laws: An act to add Section 17922.14 to the Health and Safety Code, and to add Chapter 8.5
(commencing with Section 537) to Division 1 of the Water Code, relating to water.
Notes 1: AB 19 is the re- introduction of AB 1975 (Fong) from last year which was held on the Senate
Appropriations Committee Suspense File. The Sierra Club is the sponsor of the legislation. The bill
would require a water purveyor to do either of the following: (1) Adopt a general policy to determine
when the installation of either a water meter or submeter to measure water supplied to each
individual dwelling unit shall be required. The water purveyor shall inform all local building departments
within its service area of the policy; or (2) On an individual basis, and upon receipt of an application for
new water service to the structure, inform the applicant, and the appropriate local building
department, as to whether a water meter or submeter is required to be installed to measure water
supplied to each individual dwelling unit in the structure.
proposed Water Code y 537(c), which forbids water purveyors from collecting any fee or charge for
the building owner's installation, use, etc. of a submeter. Currently we do charge owners to approve
the location and inspect the installation of submeters, because our oversight is necessary to protect
the integrity of our system
The water purveyor community, including the Association of California Water Agencies and California
Municipal Utilities Association, was a bit dubious of the legislation last year as the provisions of the bill
changed often to reflect concerns of competing interests - -water purveyors, apartment owners, tenant
rights groups. Water purveyor concerns with the bill included ownership of submeters, maintenance
and billing responsibilities, building standard requirements.
EVWD was In support of AB 1975 as introduced, however, opposed the legislation by the end of the
legislative session. The key issue with AB 19 is that it places the onus of policy setting on a local water
purveyor, who has no direct interest in whether a multi -unit residential property owner chooses to bill
tenants for water on a metered basis. There is unlikely much water savings to be gained (indirect
interest) from the installation of submeters given the improved efficiency of indoor appliances, water
closets and low -flow showerheads and faucets. It is unclear whether the cost of water in comparison
to total other costs for rent and other expenditures for a typical renter would result in full dishwasher
loads and shorter showers. I suppose a purveyor could adopt a policy that no submeters would be
required within its service area and satisfy the requirement in the legislation.
The second option - -to make a determination on a case -by -case basis - -seems a bit arbitrary and likely
would come at a time in the development approval process that building plans have been long ago
completed.
All said, the District may wish to consider whether attempting to fix this legislation is worth the effort- -
whether it is a high priority or legislation that is best left to ACWA and others to fix.
Current Position: Not Yet Considered
Recommended Position: Not Favor
AS 5 4 (Solorio D) Drinking water.
Introduced: 12 /6/2010
Status: 1/24/2011- Referred to Cams. on L. GOV. and E.S. & 7.M
Is Urgency: N
Is Fiscal: Y
Location: 1/24/2011 -A. L. GOV.
Summary: Existing law, the California Safe Drinking Water Act. requires the State Department of
Public Health to administer provisions relating to the regulatior of drinking water to protect public
health, including, but not limited to, conducting research, studies, and demonstration programs
relating to the provision of a dependable, safe supply of drnking water, enforcing the federal Safe
Drinking Water Act, adoption of enforcement regulations, and Dnducting studies and investigations to
assess the quality of water in domestic water supplies. This oili would allow the department to issue a
letter of no prejudice, as defined, to a public water system t` a-, is a lead applicant for a project that
may be funded by the Safe Drinking Water Revolving Fund and would make expenditures related to
the project reimbursable in specified circumstances. This bil 2ontains other related provisions and
other existing laws.
Laws: An act to amend Sections 56375 and 56430 of the Government Code, and to add Section
116760.65 to the Health and Safety Code, relating to drinkirg vater.
Notes 1:
The California Safe Drinking Water Act requires the Department of Public Health (DPH) to regulate
drinking water to protect public health. This bill would allow DPII to issue a "letter of no prejudice' to a
public water system that is a lead applicant for a project that may be funded by the Safe Drinking
Water Revolving Fund.
Under the Cortese - Knox - Hertzberg Local Government Reorgan;zation Act of 2000, each local agency
formation commission ( LAFCO) is required to develop a sphere of influence for each local governmental
agency within the county. In order to update spheres of influence, each LAFCO is required to conduct
periodic municipal service reviews (MSR). This bill would authorize a LAFCO to review and approve the
consolidation of territory within the jurisdiction of a mutual water company into the jurisdiction of a city
as a special district that operates a public water system, with the consent of the respective city and
mutual water company. The bill would also authorize a LAFCO to include in a MSR, a review of whether
the available drinking water sources within the area of review comply with safe drinking water
standards.
According to the author, this bill is aimed at small mutual water companies. The author intends to
make it easier for mutual water companies to gain access to DPH Safe Drinking Water Act funds
through the "no prejudice letter' process. A "letter of no prejudice" is an agreement between a public
water system and DPH that qualifies certain expenditures for re!mbursement from the Safe Drinking
Water Revolving Fund. The timing and final amount of the reimoursement is dependent on the terms of
the agreement and availability of funds.
The bill as currently drafted presents a number of issues. F -st, it is unlikely that a public entity; i.e., a
local agency formation commission, may take actions that affect a private corporation; i.e., a mutual
water company. Even assuming that a mutual water company could acquiesce to its territory being
subsumed by a city, cities do not always own and operate a public water system. In fact, it is unclear
as to what solutions or changes would occur by virtue of the enactment of this provision in the
legislation Second, the bill would authorize a LAFCO is opine as to whether drinking water sources
within the area subject to a municipal service review comply with safe drinking water standards. It is
not the sources that must comply, but the water purveyed to consumers. As the regulation and
enforcement of the Safe Drinking Water Act is under the purview of the CDPH, it would not be
appropriate to add a requirement for a LAFCO to make determinations related to safe drinking water.
ACWA has approved an 'oppose unless amended" position on this legislation. The issues raised by
this legislation are not likely to directly impact the District, it might be better to remain neutral on the
bill at this time and allow ACWA to take the lead in killing or amending the legislation. By watching the
legislation, I can monitor future amendments and work wit> District staff and the board to determine
whether a more active position is warranted.
Current Position: Not Yet Considered
Recommended Position: Watch
AB 148 (Smyth R) Local government: ethics training: disclosure.
Introduced: 1 /14/2011
Last Amend: 3/2/2011
Status: 3/3/2011 -Re- referred to Com. on L. GOV.
Is Urgency: N
Is Fiscal: Y
Location: 3/3/2011 -A. L. GOV.
Calendar: 4/27/2011 1:30 p.m. - State Capitol, Room 447 ASSEMBLY LOCAL GOVERNMENT, SMYTH,
Chair
Summary: Existing law, for purposes of ethics training for officers and employees of a local
government, defines the term ethics laws to include, among others, laws relating to government
transparency. This bill would additionally define the term ethics laws to include compensation setting
guidelines as established by specified organizations. This bill contains other related provisions and
other existing laws.
Laws: An act to amend Sections 53234 and 53235.2 of, and to add Section 53232.5 to, the
Government Code, relating to local government.
Notes 1: Existing law, for purposes of ethics training for officers and employees of a local government,
defines the term "ethics laws" to include laws relating to government transparency. Existing law
requires local agency officials to receive ethics training, if the local agency provides any type of
compensation, salary, or stipend to a member of a legislative body, or provides reimbursement for
actual and necessary expenses incurred by a member of a legislative body in the performance of
official duties.
Existing law authorizes a local agency to pay compensation to members of a legislative body for
attendance at specified occurrences. Existing law authorizes a local agency to pay compensation for
attendance at other occurrences if the governing body has adopted, in a public meeting, a written
policy specifying other types of occasions that constitute the performance of official duties.
Existing law authorizes a local agency to reimburse members of a legislative body for actual and
necessary expenses incurred in the performance of official duties, if the governing body has adopted a
written policy, in a public meeting, specifying the types of occurrences that qualify a member of the
legislative body to receive reimbursement of specified actual and necessary expenses.
This bill would expand the definition of the term "ethics laws" to include compensation- setting
guidelines as developed by the California State Association of Counties, League of California Cities,
California Special Districts Association, and the California City Management Foundation. This bill would
require the local agency to post the ethics training record on the local agency's Internet Web site, if
any, and to submit a copy of the record to the Attorney General within 15 days of receiving the record.
This bill would require a local agency that has adopted a written attendance compensation policy or
written reimbursement policy to post the policy on the local agency's Internet Web site, if any, and to
submit a copy of the policy to the Controller. The bill would, if a local agency does not comply with
these requirements, require the Controller to withhold any funds to which the local agency is
otherwise entitled, as specified.
Enactment of this bill would result in minor cost impacts to local agencies due to expanded reporting
requirements; e.g., posting information on the agency website and provide information to the State
Controller's office. Ethics training sessions would have to be modified to cover additional information.
The requirement to submit ethics training records to the Attorney General seems to be an
unnecessary burden and would increase state as well as local costs. The information will be postE!d on
the local agency web site, if there is one, and the Attorney General could easily access that
information based on a complaint.
Current Position: Not Yet Considered
Recommended Position: Favor if amended
AR 157 (Jeffries R) Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Introduced: 1/19/2011
Status: 2/24/2011- Referred to Corns. on W., P. & W. and E.S. & T.M.
Is Urgency: N
Is Fiscal: Y
Location: 1/19/2011 -A. W.,P. & W.
Summary: Existing law creates the Safe, Clean, and Reliable Drinking Water Supply Act of 2012,
which, if approved by the voters at the November 6, 2012, statewide election, would authorize the
issuance of bonds in the amount of $11,140,000,000 pursuant to the State General Obligation Bond
Law to finance a safe drinking water and water supply reliability program. This bill would reduce by
25% the total amount of bonds authorized to be issued pursuant to the Safe, Clean, and Reliable
Drinking Water Supply Act of 2012, and would make conforming reductions to amounts specified to be
allocated from these bond funds for certain purposes. This bill contains other related provisions.
Laws: An act to amend Sections 79720, 79720.1, 79720.2, 79720.3, 79720.4, 79720.6, 79721, 79722,
79723, 79731, 79740, 79750, 79755, 79756, 79757, 79758, 79759, 79759.5, 79760, 79760.5, 79770,
79780, 79781, 79784, 79810, and 79824 of the Water Code, and to amend Section 8 of Chapter 126
of the Statutes of 2010, relating to the Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Notes 1: The November 6, 2012, water bond would authorize the issuance of bonds in the amount of
$11.14 billion to finance a safe drinking water and water supply reliability program. The proposed
bond includes a state cost -share for new surface storage projects, as well as over $2 billion for Delta
ecosystem restoration projects, which will be a critical compcnr_nt of the Delta Plan. The proposed
bond also includes signi`icant funding available for state cost s-aring for regional water projects,
conservation projects and water recycling projects, among others.
This bill would reduce by 25% the total amount of bonds authorized to be issued, and would make
conforming reductions to amounts specified to be allocated from these bond funds for certain
purposes. The 25% cut is across - the - board, impacting each of tle specific funding categories. ACWA
opposed any efforts to change the 2012 water bond. Most of the policy concessions made in
November 2009; e.g., more stringent urban water management planning requirements and urban
water conservation goals were based in part on state cost- she-ing.
ACWA claims there is no polling data to show that voters are unwilling to pass the water bond in its
current form, let alone polling that demonstrates an $8.355 hil:,on bond would fare much better.
Current Position: Not Yet Considered
Recommended Position: Oppose
AB 246 (Wieckowski D) Water quality: enforcement.
introduced: 2/3/2011
Status: 3/3/2011- Referred to Coms. on IUD. and E.S. & T.M.
Is Urgency: N
Is Fiscal: Y
Location: 3/3 /2011 -A. IUD.
Calendar: 3/22/2011 9 a.m. - State Capitol, Room 4202 ASSEMBLY JUDICIARY, FEUER, Chair
Summary: The Porter - Cologne Water Quality Act authorizes each California regional water quality
control board to delegate certain powers to its executive officer. That authorization, except as
specified, excludes the delegation to its executive officer of -he power of application to the Attorney
General for judicial enforcement. This bill would delete that exclusion, and, instead, specifically
authorize a regional board, commencing January 1, 2012, to delegate to its executive officer the
authority to apply for judicial enforcement to the Attorney General, a district attorney, a city attorney
of a city with a population that exceeds 750,000, or a city attorney for a city and county. This bill
contains other related provisions and other existing laws.
Laws: An act to amend Sections 13223, 13350, 13361, 13385, and 13386 of the Water Code, relating
to water quality.
Notes 1: This bill would make it easier to prosecute alleged violators of the State's water quality law- -
The Porter - Cologne Water Quality Control Act. First, it would authorize a regional board to delegate
the authority to seek judicial action to the regional board executive officer. Second, it would authorize
a county district attorney or a city attorney to pursue legal arton. The balance a citizen -board brings
to important decisions regarding the initiation of judicial proceedings is an important balance to
maintain. Giving authority to prosecutors outside of the regicnal board could easily politicize the
enforcement process. Finally, providing such authority without the procedural protections and due
process afforded under Porter - Cologne, as well abandoning _he experience and expertise of the
regional board and regional board staff to the courts, would no- likely produce beneficial outcomes for
the regulated community.
Current Position: Not Yet Considered
Recommended Position Oppose
AB 392 (ALeyQ D) Ralph M. Brown Act: posting agendas.
Introduced: 2 /14/2011
Status: 3/3/2011- Referred to Coms. on L. GOV. and G.O.
Is Urgency: N
Is Fiscal: Y
Location: 3/3/2011 -A. L. GOV.
Calendar: 4/6/2011 1:30 p.m. - State Capitol, Room 447 ASSEMBLY LOCAL GOVERNMENT, SMYTH,
Chair
Summary: Existing law, the Ralph M. Brown Act, requires the meetings of the legislative body of a
local agency to be conducted openly and publicly, with speci°ie:d exceptions. Existing law requires that
the legislative body of a local agency post an agenda, as specified, at least 72 hours before a regular
meeting of that body, and prohibits the legislative body from acting on or discussing any item not
appearing on the agenda, except as provided. This bill would additionally require the legislative body
of the local agency, at least 72 hours before a regular meeting of that body, to post the writings that
relate to an agenda item for the open session of that regula, meeting. This bill would require the
legislative body to post the agenda and the writings on its Internet Web site, if any, as specified. The
bill would repeal the procedure for the disclosure of any writirgs that are distributed less than 72
hours prior to the meet ng and would instead prohibit the legislative body from acting on or discussing
an item on the agenda `or which a related writing was not 3-operly disclosed at least 72 hours prior to
the meeting, except as provided. By expanding the duties of local agencies, this bill would impose a
state - mandated local program. This bill contains other related provisions and other existing laws.
Laws: An act to amend Sections 54954.2 and 54957.5 of the Government Code, relating to public:
meetings.
Notes 1: As written, this bill will greatly burden local agencies and impede the proper conduct of their
business without providing any substantial benefits to the public. First, it will upset long- established
and well- accepted Brown Act procedures regarding the posting of agendas. Second, It will promote
bad decision - making by creating an incentive for agencies not to generate additional written
information for an agenda item once the agenda and agenda packet have been released. It may also
have the unintended consequence of allowing anyone to force the continuance of an agenda item by
submitting a "related paper" less than 72 hours before the item is to be heard.
Most public agencies satisfy the agenda posting requirement by posting the agenda on a bulletin
board outside the entrance to their headquarters building. Nowadays, most public agencies also post
the agenda (and the entire agenda packet as it exists at the time of release) on their internet
website. Agenda packets are very typically in excess of 100 pages. When there is an EIR, master plan,
or some other lengthy document under consideration, agenda packets can be many hundreds of
pages long.
This bill would require the entire packet - not just the agenda - to be posted "in a location that is
freely accessible to members of the public." It is obviously infeasible to have a bulletin board that
large, but if the agency moves everything to a table inside its lobby, which is open only during
business hours, is that "a location that is freely accessible to members of the public "? So how, exactly,
can an agency be sure it is complying with this law. Further, this exhaustive posting requirement is
completely counter to the long- established requirement (in the same Government Code section and
subdivision) that the agenda itself provide only a "brief general description" of each agenda item that
"generally need not exceed 20 words."
Also, it is common practice today for local agencies to have websites, and for them to post not only the
agenda but the complete agenda packet on the website as soon as it is released. The public therefore
gains little additional benefit from requiring every agency post a hard copy, as well.
Second issue: In response to legitimate concerns, the Brown Act was amended in 2007 (SB 343) to
provide for special disclosure of documents generated or received less than 72 hours before a
meeting. After only four years, this bill now wants to do away with that reasonable procedure entirely,
in favor of an ironclad rule that the addition of any "related writing" for an agenda item that was not
disclosed and posted at least 72 hours prior to the meeting triggers a ban on the consideration of that
item at the meeting (except in narrowly defined urgency situations, upon a super- majority vote). This
sets up a dilemma for local agencies: there is a document, say a new piece of correspondence or a
supplemental staff report, that will shed additional light on an item pending before the legislative body
for decision. But if staff gives the elected officials the document, it will delay consideration of the item
until the next meeting - a week, or two weeks, or a month later. Alternatively, staff can withhold the
document entirely from the decision - makers in the interests of getting prompt (but less well - informed)
action. The balance is likely to tip in favor of depriving the decision- makers of relevant information. So
public policy- making will suffer because of an inflexible Brown Act requirement.
Finally, this bill sets up an unintended consequence as one person opposed to a pending legislative
action could submit a "related writing" within 72 hours of the meeting, and thereby trigger the ban on
considering the item at that meeting. The "related writing" can be completely useless, and interposed
solely for the purpose of delay, but the Brown Act will preclude the local agency from acting. And when
the item is placed on the next meeting's agenda, you can do it again, and again, ad infinitum. In effect,
this bill would give project opponents a means to indefinitely delay action on any project they oppose;
e.g., a proposed rate increase subject to Proposition 218 procedural and voting /protest requirements.
Current Position: Not Yet Considered
Recommended Position: Oppose
AB 403 (Campo D) Public drinking water standards: hexavalent chromium.
Introduced: 2/14/2011
Status: 2/24/2011- Referred to Com. on E.S. & T.M.
Is Urgency: N
Is Fiscal: Y
Location: 2/24/2011 -A. E.S. &T.M.
Summary: The Calderon -Sher Safe Drinking Water Act of 1996 requires the State Department of
Public Health to, among other things, adopt regulations relating to primary and secondary drinking
water standards for contaminants in drinking water. Existing law requires the department to establish
a primary drinking water standard for hexavalent chromium on or before January 1, 2004. Violation of
certain provisions relating to public water systems is a crime. This bill would require the department to
establish a primary drinking water standard for hexavalent chromium on or before January 1, 2013,
and would, if a standard is not adopted by that date, make the public health goal set by the Office= of
Environmental Health Hazard Assessment as of January 1, 2C 1:, the applicable standard. By
expanding the definition of a crime, this bill would impose a stare- mandated local program. This bill
contains other related provisions and other existing laws.
Laws: An act to amend Section 116365.5 of the Health and Safety Code, relating to drinking water
standards.
Notes 1: This bill requires that the California Department of Public Health (CDPH) set a standard for
hexavalent chromium, also known as chrome 6, by January 1, 2013. The bill also states that if the
department fails to comply, the standard in effect will become tl*e Public Health Goal (PHG) developed
by the Office of Environmental Health Hazard Assessment (OFHIIA).
According to the National Toxicology Program of the Department. of Health and Human Services,
chromium is a metal that can take various forms, including hexavalent chromium', which is created
when the metal is heatec. It is widely used in metal fabrication, chrome finishing and plating, and was
used as a preservative to reduce corrosion. It is also found naturally in some geological deposits. In
1990, the International Agency for Research on Cancer, declared that chrome 6 was known to cause
cancer in people when imaled. Moreover, in 1991, the Environmental Protection Agency (EPA)
established a tap water standard for total chromium at 100 parts per billion. In 2010, a draft
toxicological review of chrome 6 by the EPA found that the zcntaminant in tap water is "likely to be
carcinogenic to humans' and cited significant cancer concerns and other health effects from animal
studies, including anemia and damage to the gastrointesbra; tract, lymph nodes, and liver.
In 2001, Senator Deborah Ortiz introduced SB 351, Ch 602, which required DPH to adopt a primary
drinking water standard for hexavalent chromium by January 1. 2004, however DPH never complied
due to the lack of a public Health Goal. DPH is tasked to provide a Maximum Contaminant Level (MCL)
based primarily on the Public Health Goal and other regulatory and feasibility processes. Water
agencies test for total chromium which has a limit of 50 parrs per billion in California. However, there is
no standard in place for chromium 6, which is the most harmful Cf its forms. Testing for chromium 6 is
required in California, but without a standard, the testing does not necessarily benefit consumers.
The California Safe Drinking Water Act establishes a process for establishing both public health goals
and primary drinking water standards. The process is based on pest scientific information available
and peer review. The process does not include the Legislature setting deadlines and establishing
standards by statutory enactment.
Current Position: Not Yet Considered
Recommended Position: Oppose
AS 457 ( Wagner R) Public works contracts: relief for bidders.
Introduced: 2/15/2011
Status: 3/3/2011- Referred to Com. on B., P. & C.P.
Is Urgency: N
Is Fiscal: Y
Location: 2/15/2011 -A. B., P. & C.P.
Calendar: 3/22/2011 10 a.m. - State Capitol, Room 447 ASSEMBLY BUSINESS, PROFESSIONS AND
CONSUMER PROTECTION, HAYASHI, chair
Summary: Existing law sets forth the procedures governing the bidding, awarding, and payment of
public works contracts by public entities, and the relief due Licders and contractors under those
contracts. This bill would entitle a bidder who successfully challenges the award of a contract
determined to be invalid due to errors or omissions of the public entity to recover costs and attorney's
fees incurred in pursuing the challenge.
Laws: An act to add Section 5111 to the Public Contract Code, elating to public contracts.
Notes 1: The Engineering Contractors Association and other contractor organizations are the
sponsors of this legislation. The sponsors point to a court decision titled Great West Contractors, Inc.
v. Irvine Unified School District that was decided on August 31, 2010 and claim that a better remedy is
required to rectify violations of the competitive bidding laws by public agencies than just recovery of
bidding expenses by the contractor who is illegally denied the ;ontract. Sponsors of the legislation
wish to force public agencies "to think more seriously about ::omplying with existing bidding laws." If
approved, attorney fees would be awarded if a contractor :5-evails in a court of law against the public
agency.
Current law provides that a contractor who prevails against a public agency can only receive their
costs for bidding on the project. Sponsors argue that there is therefore little incentive for a contractor
to pay an attorney to challenge a public agency since the resulting legal costs are paid for by the
contractor and nothing is gained. Sponsors argue that public agencies know that there are
insignificant repercussions for violating competitive bidding law::, thus they continue to violate such
laws with impunity.
Existing law requires a public agency to make a good faith determination that a low bid is responsive
and the bidder is responsible, and then a contract can be awarded. The second [or other] low bidder
may challenge the bid award, but existing law provides that the contract may be entered into and
performance begun while the challenge is pending. Under this legislation, if the challenging bidder is
successful and the contract is ruled invalid due to defects in the bidding process, the public entity
would then face a claim for attorney's fees and costs by the challenging bidder. The legislation would
not require the challenger to show intent, just that there is a "defect" in the process.
The practical outcome is that public agencies might be unwilling to proceed with a contract if the award
is challenged, so as to avoid the prospect of having to pay the challenger's fees and costs. An agency
would simply await the outcome of the challenge. Projects would likely be held up unnecessarily due
to the challenge, which could in turn increase the cost due to bids going stale. Even though §5107
gives such actions priority "over all other civil actions," the delay would still likely be months.
The current legal "remedy" for a violation of Section 5110 is a directive to the public agency to
reconsider its decision and to comply with the legal requirements. Pursuant to Section 5110, any party
not awarded the contract can challenge the process. Thus, as written, the legislation would encourage
a multitude of allegedly aggrieved parties to file suit, hoping to at least get their attorneys' fees (a
form of punishment to the public agency), as they also hope to revive their bids. That is not a wise or
cost- appropriate approach, particularly when it might encourage frivolous claims.
Finally, the award of attorneys' fees is the exception, not the norm. The legislation would contravene
Government Code Section 815.6, which limits a right to damages for breach of a mandatory duty
(which is the basis for this type of claim), and bars claims for attorneys' fees in such circumstances.
This legislation also would impose such an award without a finding of negligence or other active
misconduct by the public agency, which again is contrary to the limitations imposed by Section 815.6.
The Association of California Water Agencies, California Association of Sanitation Agencies, California
Special Districts Association, League of California Cities and other local government associations and
individual entities will likely oppose this legislation.
Current Position: Not Yet Considered
Recommended Position: Oppose
AS 527 (Hernandez. Roger D) Public officials: financial interests.
Introduced: 2/15/2011
Status: 3/3/2011- Referred to Com. on L. GOV.
Is Urgency: N
Is Fiscal: Y
Location: 3/3/2011 -A. L. GOV.
Calendar: 4/27/2011 1:30 p.m. - State Capitol, Room 447 ASSEMBLY LOCAL GOVERNMENT, SMYTH,
Chair
Summary: Existing law prohibits Members of the Legislature, and state, county, district, judicial
district, and city officers or employees from being financially interested in any contract made by them in
their official capacity, or by any body or board of which they are members. Existing law defines what is
a remote interest in a contract that does not present a prohibited conflict of interest under these
provisions. Existing law authorizes a body or board to make a contract that involves a remote interest
of a member of the body if, among other things, the remote interest is disclosed to the body or board
and noted in its official records, and thereafter the body or board authorizes, approves, or ratifies the
contract in good faith by a vote of its membership sufficient for the purpose without counting the vote
or votes of the officer or member with the remote interest. Violation of these provisions is a crime. This
bill would additionally require that the remote Interest be disclosed at a public meeting of that body or
board and would require the counsel or other legal advisor of the body or board to identify a statutory
basis for classifying the interest as a remote interest. By increasing the scope of actions that
constitute a crime, this bill would impose a state - mandated local program. This bill contains other
related provisions and other existing laws.
Laws: An act to amend Sections 1090 and 1091 of, and to add Section 1096.5 to, the Government
Code, relating to public officials.
Notes 1: This legislation raises two concerns. First, it expands the reach of Government Code Section
1090 by making it applicable to any expenditure of a public agency, whether or not a contract is
involved, as to which a member of the governing body has a financial interest. Government Code
Section 1090 is a very old statute whose purpose has largely been superseded by the Political Reform
Act's conflict -of- interest provisions.
Second, the proposed requirement that the governing body's counsel identify publicly the statutory
basis for determining a members financial interest to be "remote" under Section 1091 would create a
conflict of interest for the public agency attorney and blur the lines of representation. Legally and
ethically, the public attorney's duty is to represent the agency and its governing body as a whole; not
to represent the interests of the individual member with the potential conflict -of- interest. Making the
legal determination and public announcement AB 527 would require creates a conflict for the attorney
if the interests of the individual member do not align (as they often would not) between the individual
member and the governing body or local agency.
Current Position: Not Yet Considered
Recommended Position: Oppose
AB 531 (Olsen R) Groundwater.
Introduced: 2/15/2011
Status: 2/16 /2011 -From printer. May be heard in committee '+larch 18.
Is Urgency: N
Is Fiscal: N
Location: 2/15 /2011 -A. PRINT
Summary: Existing law relating to groundwater management ueclares the intent of the Legislature to
encourage local agencies to work cooperatively to manage grc.rndwater resources within their
jurisdictions, and makes_ related legislative findings and declarations. This bill would make technical,
nonsubstantive changes to those legislative findings and declarations.
Laws: An act to amend Section 10750 of the Water Code, relating to groundwater.
Notes 1: This is a spot bill introduced by the author as a placeholder for potential legislation. The
subject matter argues fo- the District to watch the bill closely f: r subsequent amendments that might
affect the District's interests.
Current Position: Not Yet Considered
Recommended Position: Watch
AB 550 (Huber D) Sacramento -San Joaquin Delta: peripheral canal.
Introduced: 2/16/2011
Status: 2/17 /2011 -From printer. May be heard in committee March 19.
Is Urgency: N
Is Fiscal: N
Location: 2/16 /2011 -A. PRINT
Summary: Existing law requires various state agencies to administer programs relating to water
supply, water quality, and flood management in the Sacramento -San Joaquin Delta. This bill would
prohibit the construction of a peripheral canal, as defined, that conveys water from a diversion point in
the Sacramento River to a location south of the Sacramento -San Joaquin Delta, unless expressly
authorized by the Legislature. The bill would require the Legisla-ive Analyst's Office to complete an
economic feasibility analysis prior to the enactment of a statute authorizing the construction of a
peripheral canal. The bill would prohibit the construction and operation of a peripheral canal from
diminishing or negatively affecting the water supplies, wate., rights, or quality of water for water users
within the Sacramento -San Joaquin Delta watershed, or Imposing any new burdens on infrastructure
within, or financial burdens on persons residing in, the Delta or the Delta watershed.
Laws: An act to add Chapter 1.5 (commencing with Sectior 115) to Division 1 of the Water Code,
relating to the Sacramento -San Joaquin Delta.
Notes 1: This legislation, which has no sponsor, is the same : egislation as AB 1594 by
Assemblymember Huber from 2010. The District joined a broad coalition in opposition to the latter bill.
This bill would prohibit the construction of a peripheral cana :, as defined, that conveys water from a
diversion point in the Sacramento River to a location south of the Sacramento -San Joaquin Delta,
unless expressly authorized by the Legislature.
The bill would require the Legislative Analyst's Office (LAO) to complete an economic feasibility analysis
prior to the enactment of a statute authorizing the construction of a peripheral canal. The bill would
prohibit the construction and operation of a peripheral canal fro in diminishing or negatively affecting
the water supplies, water rights, or quality of water for ware, users within the Sacramento -San
Joaquin Delta watershec, or imposing any new burdens on • nfrastructure within, or financial burdens
on persons residing in, the Delta or the Delta watershed.
AB 550 seeks to reopen a delicately crafted compromise reached in negotiations over the November
2009 Delta water package. The legislation would interject the legislature into the intricacies of
designing a new conveyance system in the Delta. The Legisature has no expertise in designing
roadways, electrical conveyance or other vital pieces of state in- rastructure and it would be an
unwelcome precedent to involve the Legislature in water infrast-ucture design. The many layers of
protections for the Delta contained in the November 2009 leeislative package will help guide future
conveyance decisions to achieve the co -equal goals.
The Bay Delta Conservation Plan (BDCP) is currently analyzing conveyance alternatives as part of a
comprehensive 50 -year strategy of Delta ecosystem and water system improvements. This planning
process will include a sophisticated risk analysis of conveyance alternatives. The legislative package
also Included numerous new requirements for the alternatives analysis process, such as a mandate to
review a full range of conveyance alternatives. The BDCP can only automatically qualify under the new
Delta Plan being developed by the Delta Stewardship Council if it complies with the highest
environmental standard in California, the Natural Communities Conservation Planning Act. Prior to
authorizing a change in place of use for the new conveyance system, the State Water Resources
Control Board must consider appropriate flow criteria for operation of the facility based on a science -
based adaptive management program. The future conveyance improvements adopted by BDCP will
have undergone one of most exhaustive and rigorous processes for any infrastructure project in the
nation, including an analysis of local economic impacts as mandated under the California
Environmental Quality Act. Mandating a redundant review by the Legislative Analyst's Office would be
redundant, to say the least.
Current Position: Not Yet Considered
Recommended Position: Oppose
AB 576 (Dickinson D) Delta Stewardship Council: planning and administration: fee.
Introduced: 2/16/2011
Status: 3/3/2011- Referred to Com. on W., P. & W.
Is Urgency: N
Is Fiscal: Y
Location: 2/16/2011 -A. W.,P. & W.
Summary: The Sacramento -San Joaquin Delta Reform Act of 2009 establishes the Delta Stewardship
Council, and requires the council, on or before January 1, 2012, to develop, adopt, and commence
implementation of a comprehensive management plan for the Sacramento -San Joaquin Delta (Delta
Plan), meeting specified requirements. This bill would require the council, by March 31, 2012, to adopt
a fee on water supply contractors of the State Water Project and the federal Central Valley Project to
fund a portion of the planning and administrative costs of the council.
Laws: An act to add Section 85215 to the Water Code, relating to the Sacramento -San Joaquin Delta.
Notes 1: This legislation is similar to AB 2092 (2010) by Assemblymember Huffman. The provisions of
this legislation were included in Section 1 of AB 2092, which were amended out of the bill by Mr.
Huffman prior to hearing the bill in the Assembly Water, Parks & Wildlife Committee. The Delta
Stewardship Council was created by the Legislature as part of the November 2009 Delta Water
package to represent a new governance approach for implementing co -equal goals of improving water
supply reliability and restoring ecosystem health. Funds previously appropriated to the CALFED Bay -
Delta Authority were shifted to pay for the first -year costs of the Council. The Legislature should now
fund the administrative costs for the Council out of the State General Fund. It is inappropriate to
require the two export water systems to pay these costs as public trust resources will benefit from the
activities of the Council and there are other known stressors in the Delta ecosystem, which are not
identified for purposes of paying the administrative costs of the Council.
Current Position: Not Yet Considered
Recommended Position: Oppose
AB 582 (EW D) Open meetings: local agencies.
Introduced: 2 /16/2011
Status: 3/7/2011- Referred to Com. on L. GOV.
Is Urgency. N
Is Fiscal: Y
Location: 3/7/2011 -A. L. GOV.
Calendar: 4/27/2011 1:30 p.m. - State Capitol, Room 447 ASSEMBLY LOCAL GOVERNMENT, SMYTH,
Chair
Summary: The Ralph M. Brown Act authorizes a legislative body of a local agency to hold closed
sessions with the agency's designated representatives regarding the salary and compensation of
represented and unrepresented employees. This bill would require that proposed compensation
increases for unrepresented employees be publicly noticed, as prescribed. By adding to the duties of
local officials, this bill would impose a state - mandated local program. This bill contains other related
provisions and other existing laws.
Laws: An act to amend Section 54957.6 of the Government Code, relating to public meetings.
Notes 1: The State Controller is the sponsor of this legislation, which would require two open meeting
agenda items before any unrepresented employee could be awarded an increase in compensation.
The first item would be for the purpose of notifying the public and discussion. The second time would
be for purposes of a vote, no less than 12 days after the first notice. This requirement would apply to
step increases, which are not typically acted on by a governing body on a individual basis. This
legislation is one of a number of bills introduced in response to the City of Bell scandal.
The clause "if the compensation increase is deemed necessary" seems vague and ambiguous,
according to ACWA staff The legislation seems to suggest that a determination of necessity must be
made on the record for every unrepresented employee in orcer to receive an increase. Further, it is
unclear as to whether each and every unrepresented emp',ovee's increase has to be noticed
separately. Depending on the size of the agency and the nimber of employees, this could constitute a
time- consuming exercise in staff resources and board time to consider compensation issues and take
action. If no one was paying attention in the City of Bell, why does the State Controller believe
someone would pay attention if compensation actions were nc,iced twice?
Current Position: Not Yet Considered
Recommended Position Oppose
AB 627 (Berrvhill. Bill R) State Water Resources Development System: annual report.
Introduced: 2 /16/2011
Status: 2/17 /2011 -From printer. May be heard in committee Ma ch 19.
Is Urgency: N
Is Fiscal: N
Location: 2/16 /2011 -A. PRINT
Summary: Existing law requires the Department of Water Resources to prepare, and submit to the
fiscal committees of the Legislature, an annual report relating to the budget for the State Water
Resources Development System, and prescribes the information to be included in the annual report
This bill would make technical, nonsubstantive changes to th s , equirement.
Laws: An act to amend Section 147 of the Water Code, -elatirg to the State Water Resources
Development System.
Notes 1: This legislation is a spot bill introduced by the author as a placeholder for subsequent
amendments. The District should watch the legislation for subsequent amendments given the subject
matter.
Current Position: Not Yet Considered
Recommended Position: Watch
AB 646 (Atkins D) Local public employee organizations: impasse procedures.
Introduced: 2/16/2011
Status: 3/7/2011- Referred to Com. on P.E., R. & S.S.
Is Urgency: N
Is Fiscal: Y
Location: 2/16/2011 -A. P.E.,R. & S.S.
Summary: The Meyers- Milias -Brown Act contains various provisions that govern collective bargaining
of local represented employees, and delegates jurisdiction to the Public Employment Relations Board
to resolve disputes and enforce the statutory duties and rights of local public agency employers and
employees. The act requires the governing body of a public agency to meet and confer in good faith
regarding wages, hours, and other terms and conditions of employment with representatives of
recognized employee organizations. Under the act, if the representatives of the public agency and the
employee organization fail to reach an agreement, they may mutually agree on the appointment of a
mediator and equally share the cost. If the parties reach an m:)asse, the act provides that a public
agency may unilaterally implement its last, best, and final offer This bill would delete the authorization
for the public agency to implement its last, best, and final offer n the event of an impasse. The bill
would instead provide that if the parties fail to reach an agreement, either party may request that the
board appoint a mediator, and would require the board, if it determines that an impasse exists, to
appoint a mediator at the board's expense. This bill contains other related provisions.
Laws: An act to amend Sections 3505 and 3505.2 of, to add Section 3505.5 to, and to repeal and add
Section 3505.4 of, the Government Code, relating to local public employee organizations.
Notes 1: The American Federation of State, County, and Muricipal Employees (AFSCME)is the sponsor
of this bill. Current law does not require public agency employers and employee organizations to
engage in impasse procedures where efforts to negotiate a collective bargaining agreement have
failed. The public agency employer may implement its last, best and final offer. AFSCME argues that
"without impasse procedures, negotiations may not be fully effective, and bargaining may break down
before all avenues for agreement are explored. The creaticr of mandatory impasse procedures is likely
to increase the effectiveness of the collective bargaining process by enabling the parties to employ
mediation and fact- finding in order to assist them in resolves cq differences that remain after
negotiations have been unsuccessful.
Under this bill, where parties to collective bargaining are unable to reach agreement after reasonable
efforts at negotiations, they may demand that the other party participate in impasse procedures. The
impasse procedures provided for by the bill are similar to these set forth under the Educational
Employment Relations Act, at Government Code Section 35zi1, et seq. They would allow either party to
request that the Public Employment Relations Board appoint a mediator for the purpose of assisting
the parties in reconciling differences. If mediation is unsuccessful to resolve remaining disagreements,
the bill allows either party to request that a fact - finding panel investigate the issues, make factual
findings, and make advisory recommendations as to the terms of settlement.
The legislation, should it become law, could significantly draw out the labor negotiations process and
significantly erode the position of the local agency governing body, which has a fiduciary responsibility
for the financial health of the agency and is accountable to the voters (customers, taxpayers) of the
agency.
Current Position: Not Yet Considered
Recommended Position: Oppose
AB 685 (EM D) State water policy.
Introduced: 2/17/2011
Status: 3/3/2011- Referred to Com. on W., P. & W.
Is Urgency: N
Is Fiscal: Y
Location: 2/17/2011 -A. W.,P. & W.
Summary: Existing law establishes various state water policies, including the policy that the use of
water for domestic purposes is the highest use of water. This bill would declare that it is the
established policy of the state that every human being has the right to clean, affordable, and
accessible water for human consumption, cooking, and sanitary purposes, that is adequate for the
health and well -being of the individual and family. The bill would require all relevant state agencies,
including the Department of Water Resources, State Water Resources Control Board, and State
Department of Public Health, to employ all reasonable means to implement this state policy. Those
state agencies would be required to revise, adopt, or establish policies, regulations, and grant criteria
to further this state policy, to the extent that those actions do not affect eligibility for federal funds.
Laws: An act to add Section 106.3 to the Water Code, relating to water.
Notes 1: This legislation is similar to AB 1242 (Ruskin) from 2009. ACWA officially opposed AB 1242,
and the bill was ultimately vetoed by Governor Schwarzenegger. When he vetoed AB 1242, Governor
Schwarzenegger highlighted the unnecessary duplication of provisions already contained in California
law, and cited the potential for "costly and constant litigation."
Existing law states that the highest use of water in the State of California is for domestic purposes.
ACWA researched materials from the sponsors websites and prior fact sheet and concluded that one
goal of this legislation would be to preclude water agencies from turning off a connection when a
customer does not pay their bill. The sponsors note that more than 150,000 California residents lack
safe water for drinking, bathing, and washing dishes. Even more have water service disconnected
because they cannot afford to pay their water bill. This legislation will establish the right of every
human to have access to clean water for basic human needs as a State policy and instruct State
agencies to conform their practices and programs to this policy.
"Adding a provision to the Water Code explicitly stating that access to an amount of clean water
necessary for basic human needs is a "right" of every Californian and instructing State agencies,
dealing with water resources, to conform their programs and practices to this policy will pave the way
to ensure that every Californian will someday be able to confidently fill a glass of water from their tap
and serve it to their families," state the sponsors.
The California Department of Public Health and county environmental management departments for
very small water systems enforce California drinking water standards. Some rural households,
however, rely on contaminated groundwater wells for their water supply. Other Californians are
served by mutual water companies that do not have the managerial expertise, technological capability
or financial wherewithal to operate a modern water system that complies with safe drinking water
standards. The enactment of this legislation could have significant financial ramifications if individual
wells and small water systems must be brought into compliance by the State of California or a
neighboring public water system.
Current Position: Not Yet Considered
Recommended Position: Oppose
AD = (V. Manuel PEre z D) Public water systems.
Introduced: 2/18/2011
Status: 3/10/2011- Referred to Coms. on E.S. & T.M. and W., P. & W.
Is Urgency: N
Is Fiscal: Y
Location: 3/10/2011 -A. E.S. &T.M.
Summary: Existing law, the California Safe Drinking Water Act, requires the State Department of
Public Health to administer provisions relating to the regulation of drinking water to protect public
health, including, but not limited to, conducting research, studies, and demonstration programs
relating to the provision of a dependable, safe supply of drinkirg water, enforcing the federal Safe
Drinking Water Act, adoption of enforcement regulations, anc conducting studies and investigations to
assess the quality of wa_er in domestic water supplies. This till would add environmental
documentation to the costs of a single project that the department is required to determine by an
assessment of affordability. This bill contains other related provisions and other existing laws.
Laws: An act to amend Sections 116450 and 116761.23 of the Health and Safety Code, relating to
drinking water.
Notes 1: The California Rural Legal Assistance Foundation, Environmental Justice Coalition for Water
and others are the sponsors of this legislation, which is similar to AB 2669 from last year by the same
author. The District joined ACWA, California Special Districts Association, California Municipal Utilities
Association and others in opposition to that legisltion.
This bill would require, ccmmencing July 1, 2012, that written public notice given by a public water
system pursuant to provisions relating to public notices for drinking water quality violations be in
English, Spanish, and in ".he language spoken by prescribed numbers of residents of the community
served, and that the notice contain prescribed public water system contact information. The bill would
also require nonwritten notice be provided to persons served it the appropriate language or
languages in a manner approved by the department in the public water system's emergency
notification plan. A public water system is subject to a $1,000 / day fine for failure to give sufficient
notice.
This bill sets forth the following criteria for written notices: f 1) 'The notices shall be provided in English,
Spanish, and in the language spoken by any non - English - speaking group that exceeds 10% of
persons served by the public water system; (2) The notice shat contain a telephone number or
address where residents may contact the public water system for assistance; (3) For each group that
speaks a language othe- than English or Spanish and that exceeds 1,000 residents but is less than
10% of the persons served by the public water system, the not ce must contain in the appropriate
language: (a) Information regarding the importance of the notice; (b) A telephone number or address
where those residents may contact the public water system to obtain a translated copy of the notice,
or assistance in the appropriate language; and (c) Non - written notification shall be provided to
persons served in the appropriate language.
The bill sets up two different thresholds. If 10% of a population speaks another language besides
English or Spanish, they must receive a notice written completely in their language. The lower
threshold applies to foreign language groups larger than 1,000 people, but less than 10 %. Their
notice would have to include a boilerplate notice regarding ti^e importance of the notice, along with a
phone number where they could get assistance in their language.
The provisions of this bill are overly burdensome and may in fact: violate Article 3, Section 6 of the
California Constitution, which states in part that "English is the common language of the people of the
United States of America and the State of California. This section is intended to preserve, protect and
strengthen the English language, and not to supersede ary of .he rights guaranteed to the people by
this Constitution. English as the Official Language of California. English is the official language of the
State of California. The Legislature shall enforce this section by appropriate legislation. The Legislature
and officials of the State of California shall take all steps necessary to insure that the role of English as
the common language of the State of California is preserveo and enhanced. The Legislature shall
make no law which diminishes or ignores the role of English as the common language of the State of
California."
The author has stated that it is his intention to work with stakeholders to come to a consensus on the
language. The California Municipal Utilities Association is leading the coalition to propose amendments
to AB 938. Some alternatives being explored include (1) English and Spanish only [It is clear that the
author will not compromise on a complete Spanish language translation of these water quality
notices]; (2) English, Spanish, and the four other languages contained in section 1632 of the Civil
Code (Chinese, Tagalog, Vietnamese and Korean); (3) Boilerplate language for all of the identified
languages that meet the 1,000 resident threshold -- someth rig [o the effect of "Your water is
dangerous. Please find someone to help you understand this notice." The bill could require DHS to
make a "preferred prov der" list of translation services available; and (4) A "don't drink this water'
universal symbol.
Current Position: Not Yet Considered
Recommended Position: Oppose unless amended
AB 977 (Harkey R) Water.
introduced: 2/18/2011
Status: 2/20 /2011 -From printer. May be heard in committee March 22.
Is Urgency: N
Is Fiscal: N
Location: 2/18/2011-A. PRINT
Summary: Existing law requires there to be incorporated in the planning and construction of any
physical structure to provide for the conservation, storage, regulation, transportation, or use of water,
constructed by the state itself or by the state In cooperation with the United States, features,
including, additional storage capacity, that the Department of Water Resources determines necessary
or desirable for the preservation of fish and wildlife, and necessary or desirable to permit, on a year -
round basis, full utilization of the project for the enhancement of fish and wildlife and for recreational
purposes to the extent that those features are consistent with other uses of the project, if any. In
making this determination, existing law requires the department to give full consideration to any
recommendations that may be made by the Department of Fish and Game, the Department of Parks
and Recreation, the Department of Boating and Waterways, any federal agency, and any local
governmental agency with jurisdiction over the area involved. This bill would make technical,
nonsubstantive changes in this provision.
Laws: An act to amend Section 11910 of the Water Code, relating to water.
Notes 1: This legislation is a spot bill introduced by the author as a placeholder for subsequent
amendments. The District should watch the legislation for subsequent amendments given the subject
matter.
Current Position: Not Yet Considered
Recommended Position: Watch
AS 1354 (Huber D) Public works: payments: retention.
Introduced: 2/18/2011
Status: 2/20 /2011 -From printer. May be heard In committee March 22.
Is Urgency: N
Is Fiscal: N
Location: 2/18 /2011 -A. PRINT
Summary: Existing law authorizes the Department of General Services, or any other department with
authority to enter into contracts, to contract with suppliers for goods and services and for public
works. Existing law provides that a contract entered into no or after January 1, 1999, relating to the
construction of a public work of improvement between the original contractor and a subcontractor or
between any subcontractors thereunder, the percentage of retention proceeds withheld cannot
exceed the percentage specified in the contract between the public entity and the original contractor.
Existing law also prohibits the Department of General Services from making payments upon such
contracts in excess of 95% of the percentage of actual work completed plus a like percentage of the
value of material delivered, as specified, and requires the department to withhold not less than 5% of
the contract price until final completion and acceptance of the project. This bill would delete the
prohibition against payments being made in excess of 95% of the work completed and the
requirement that the department withhold not less than 5% of the contract price until final completion
and acceptance of the project, and would instead prohibit the retention of any amount with respect to
all contracts entered into on or after January 1, 2012, between a public entity and an original
contractor, between an original contractor and a subcontractor, and between all subcontractors
thereunder, relating to the construction of any public work of improvement, as specified.
Laws: An act to amend Section 10261 of, and to add Section 7201 to, the Public Contract Code,
relating to public works.
Notes 1: The Association of Subcontractors is the sponsor of this legislation. This legislation, for public
works contracts entered into on or after January 1, 2012, would eliminate the authority for a public
agency to withhold retention amounts from payments to a contractor. Similar legislation has been
introduced in the California Legislature multiple times over the past 15 years and often reaches the
desk of the governor. Both Governor Gray Davis, a Democrat, and Governor Arnold Schwarzenegger, a
Republican, have vetoed similar legislation.
The purpose of competitive bidding laws are to protect the taxpayers and ratepayers of public
agencies against nonperformance by a contractor and to secure the lowest responsible bid possible.
Elimination of retention would remove an important performance enforcement mechanism from public
agencies and subject agencies to project delays due to projects not being completed correctly and in a
timely manner.
Current Position: Not Yet Considered
Recommended Position: Oppose
ACAXS 1 (Portantino D) State finance reform.
Introduced: 12 /6/2010
Status: 12/7 /2010 -From printer.
Is Urgency: N
Is Fiscal: Y
Location: 12/6 /2010 -A. PRINT
Summary: Existing provisions of the California Constitutior provide that the electors may propose
statutes or amendments to the California Constitution by initiatve and approve or reject statutes by
referendum. The California Constitution also provides that the - egislature may propose both
amendments and revisions to the California Constitution to the electors, and may enact statutes by
passing bills. This measure would, until January 1, 2020, prohibit an initiative measure from being
submitted to the electors or from having any effect if the iritiative measure appropriates state funds
for any purpose in an amount exceeding the amount appropriated for that purpose for the 2004 -05
fiscal year by more than $250,000 unless the measure provides for additional state revenue or
offsetting savings in a total amount that is not less than the amount of the appropriation. This bill
contains other related provisions.
Laws: A resolution to propose to the people of the State of California an amendment to the
Constitution of the State, by adding and repealing Section 8.c o' Article II thereof, by adding and
repealing Section 8.5 of Article IV thereof, and by adding arc repealing Section 1.2 of Article XVI
thereof, relating to state finance.
Notes 1: ACA1x1 as introduced in the 1st Extraordinary Session would require legislation, initiatives
and bonds issued by the State Treasurer's Office to identifv a revenue source or savings to be
implemented. The ACA would be effective until January 1, 2020. Specifically, ACA1X 1 provides:
1. No legislative bill may be enacted that spends more than $250,000 unless it also specifies savings
or new funding in an amount necessary to pay for the measure.
2. No initiative that spends more than $250,000 can be placed on the ballot or take effect unless it
also specifies savings or new funding in an amount necessary to pay for the proposed expenditures.
3. The treasurer is prohibited from offering for sale or issuing bonds unless the measure authorizing
the sale or issuance also identifies savings or additional revenue in an amount necessary to repay the
bond.
According to the author: "During the current economic recession, California has experienced a dramatic
decline in revenues that has forced severe cutbacks in spend ng by the state government on services
and programs. The state now faces a shortage of $25.4 billion, a figure that reflects budget shortages
from 2010 -2011 through the 2011 -2012 fiscal year. State services have been funded in past budgets
through gimmicks and borrowing, a process that has served only to exacerbate our state government
fiscal crisis.
"In addition, state borrowing through bond indebtedness has steadily increased over the past six
years. California bond borrowing has reached the point where the debt load on the General Fund
could, in the future, easily exceed 10 percent of the annual state budget. These fiscal practices are not
sustainable and will lead only to further economic and fiscal c-ises."
The State of California has a commitment to pay for certain elements of flood protection and to provide
cost- sharing for local flood control projects. The ban against the enactment of new initiative statutes,
like the 2010 water bond and the issuance of bonds from Proposition 84 threatens funding for a range
of water projects, including projects funded through integrated regional water management plans.
The percentage of General Fund payments for debt service is small compared to education, health and
welfare programs and state prisons. Investment in infrastructure projects creates jobs and generates
direct and indirect economic activity - -both of which lead to greater income and sales tax receipts for
the State of California. Halting state investment in infrastructure projects through the issuance of G.O.
bonds for eight years would not be wise, particularly given tFe current economic recession and high
unemployment in the state.
Further, in recognition of the current state General Fund deficit, the State Treasurer has canceled the
usual spring bond sale. This is a more appropriate course of action that banning the issuance of such
bonds through 2020.
Current Position: Not Yet Considered
Recommended Position: Oppose
SR 34 (Simitian D) Water infrastructure projects: fees.
Introduced: 12 /6/2010
Status: 1/20/2011 -Referred to Com.on RLS.
Is Urgency: N
Is Fiscal: N
Location: 1 /20/2011 -S. RLS.
Summary: Under existing law, various water infrastructure projects are undertaken by federal, state,
and local public agencies in the Sacramento -San Joaquin Delta and in other parts of the state. This bill
would declare the intent of the Legislature to enact legislation to develop a fee -based system to pay
for costs associated with updating and modernizing water rfrastructure projects in the state. The bill
would express legislative intent with respect to the imposition of the fees and use of the fee
revenues.
Laws: An act to add Part 10 (commencing with Section 12995) _o Division 6 of the Water Code,
relating to water.
Notes 1: This legislation would create a California Water Resources Investment Program and a
California Water Resources investment Fund supported by a fee designed to strategically invest in five
broad public- purpose activities. The 5 categories are:
- planning and efficient management of the statewide water system
- broadening access to necessary water services
- ecosystem improvements
- management of water - related risks and major public emergencies
-water system changes to improve recreation opportunities
Under existing law, various water infrastructure projects are undertaken by federal, state, and local
public agencies in the Sacramento -San Joaquin Delta and in other parts of the state. This bill would
declare the intent of the Legislature to enact legislation to develop a fee -based system to pay for
costs associated with updating and modernizing water infrastructure projects in the state. The bill
would express legislative intent with respect to the imposition of the fees and use of the fee
revenues.
The concept of a public goods charge on water consumers is not new. The District opposed that last
attempt to impose such a charge in 2006 as part of former Governor Schwarzenegger's government
reorganization plan.The mandatory state - driven fee known as the Water Resources Investment Fee
would be imposed by local water suppliers and collected from their customers for payment into a state
fund. Money generated by the fee - estimated in regard to earlier proposals to be about $5 billion
over ten years - would have been evenly split between a statewide and regional investment
accounts. The regional accounts would help fund integrated regional water management programs
that met specific requirements. At that time it raised red flags for water agencies and ACWA members
voiced concerns about the potential for funds generated by the fee to be redirected for other
purposes; potential problems associated with collecting the fee under Proposition 218; and the
proposed method by which the California Water Commission could raise the fee.
ACWA took an "OPPOSE" position on the proposed General Obligation water bond bills that contained
this WRIF language in February of 2006: AB 1839 (Laird) and SB 1166 (Aanestad). The WRIF idea was
scrapped by the administration after it was widely panned for its substantial water user fees on
customers and the placement of the administrative burden of collecting the fees onto water agencies
throughout the state among other issues. At the time it was a concept floated by the administration to
help fund Governor Schwarzenegger's "Strategic Growth Plan" which was a ten year, $222 billion
infrastructure improvement plan. It was just as quickly pulled back by that same administration for
widespread lack of support.
Normally, the District would approve a "Watch" position on a spot bill. The intent of the author in this
case and prior District action regarding the imposition of a state fee on its customers that would take
money out of Its service area to spread across the state should be sufficient in the instant case to
take an active position.
Current Position: Not Yet Considered
Recommended Position: Oppose
5B 46 (Correa D) Local government: compensation disclosure.
Introduced: 12 /9/2010
Last Amend: 3/7/2011
Status: 3/7 /2011 -From committee with author's amendments. Read second time and amended. Re-
referred to Com. on Gov. & F.
Is Urgency: Y
Is Fiscal: Y
Location: 3/7/2011 -5. G. & F.
Calendar: 3/16/2011 9:30 a.m. - Room 112 SENATE GOVERNANCE AND FINANCE, WOLK, Chair
Summary: Existing law provides for the compensation of local government officers and employees, as
specified. This bill would, until January 1, 2019, require each public official, defined to mean a public
official required to file a statement of economic interest pursuant to the Political Reform Act of 1974, to
annually file a compensation disclosure form that provides compensation information for the preceding
calendar year, as specified. The bill would specify that compensation disclosure forms are open to
public inspection, as specified. This bill contains other related provisions and other existing laws.
Laws: An act to add and repeal Article 2.5 (commencing with Section 1050) of Chapter 1 of Division 4
of Title 1 of the Government Code, relating to local government, and declaring the urgency thereof, to
take effect immediately.
Notes 1: Existing law provides for the compensation of local government officers and employees, as
specified.
This bill would require certain local government officers and employees to annually file a compensation
disclosure form. The Secretary of State would develop the form which would provide for the disclosure
of, among other things, salaries and stipends, automobile and equipment allowances, and incentive
and bonus payments. This bill would also require local government agencies that maintain a web site
to post the information contained on the filed form on their wet site.
Any local agency employee who is required to file a Statemert of Economic Interest pursuant to
Government Code Section 87200 (FPPC Form 700) will be subje =t to the provisions of this bill. Member
of local government legislative bodies and designated staff are generally required to file Form 700,
and thus would need to file the form and make the disclosures required in this bill.
This is a reintroduction of SB 501 from 2010 (8/20/10 version). SB 501 failed to pass out of the Senate
toward the tail end of last session. ACWA staff worked closely with the author and stakeholders last
year to address concerns and negotiated fixes that narrowec t-e scope of the prior bill. ACWA staff
has not obtained information on whether the author will move :his bill as is, or if he has other plans in
mind.
Current Position: Not Yet Considered
Recommended Position: Watch
5B 115 (Strickland R) Public employees: pensions: forfeiture.
Introduced: 1/19/2011
Status: 2/10/2011- Referred to Com. on P.E. & R.
Is Urgency: N
Is Fiscal: Y
Location: 2/10/2011 -S. P.E. & R.
Summary: Existing law provides that any elected public officer who takes public office, or is reelected
to public office, on or after January 1, 2006, who is convicted of any specified felony arising directly out
of his or her official duties, forfeits all rights and benefits under, and membership in, any public
retirement system in which he or she is a member, effective on the date of final conviction, as
specified. This bill would additionally require a public officer or employee who is convicted of any felony
for conduct arising directly out of his or her official duties on or after January 1, 2012, to forfeit all
rights and benefits under, and membership in, any public retirement system in which he or she is a
member, effective on the date of final conviction. That public officer or employee would forfeit only that
portion of his or her rights and benefits that accrued on or after January 1, 2012. The bill would
require any contributions made by that public officer or public: employee to the public retirement
system that arose directly from or accrued solely as a result of his or her forfeited service would be
returned to the public officer or public employee without interest.
Laws: An act to add Section 1244 to the Government Code, elating to public employees.
Notes 1: Existing law provides that any elected public officer who takes public office, or is reelected to
public office, on or after January 1, 2006, who is convicted of a ^.y specified felony arising directly out of
his or her official duties, forfeits all rights and benefits under, and membership in, any public retirement
system in which he or she is a member, effective on the date of final conviction.
This bill would additionally require a public officer or employee who is convicted of any felony for
conduct arising directly out of his or her official duties on or after January 1, 2012, to forfeit all rights
and benefits under, and membership in, any public retirement system in which he or she is a member,
effective on the date of final conviction. That public officer or employee would forfeit only that portion
of his or her rights and benefits that accrued on or after January 1, 2012. The bill would require any
contributions made by that public officer or public employee `.o :he public retirement system that arose
directly from or accrued solely as a result of his or her forfeited service would be returned to the public
officer or public employee without interest.
SB 115 is in response to the City of Bell scandal. ACWA supported AB 1044 (Aghazarian) in 2005 which
addressed the specific crimes of bribe, embezzlement of public money, extortion or theft of public
money (Government Code section 1243). In 2004, then Assemblymember Dutton introduced a similar
bill, AB 2692. ACWA favored AB 2692, based on the premise -hat holding elected office is a public trust
and persons convicted of crimes in that office should not benefit from those crimes. AB 2692 failed
passage because of concerns regarding, among other things. community property rights of an
innocent spouse. AB 1044 allowed the local agency to retalr discretion over whether the pension
benefits accrue in whole or in part. SB 115 does not provice -he same limitations.
SB 115 would require the forfeiture of retirement benefits for any felony conviction. It is unclear as to
what additional felonies might be covered under this legislation. ACWA recently approved an 'oppose
unless amended" position on this legislation in an effort to limit the application of the bill to crimes
similar to those added by the 2005 legislation, which was s cried into law.
Current Position: Not Yet Considered
Recommended Position: Watch
SB 186 (Kehoe D) The Controller.
Introduced: 2/7/2011
Last Amend: 3/10/2011
Status: 3/16/2011- Action From G. & F.: Do pass as amended.TO APPR..
Is Urgency: N
Is Fiscal: Y
Location: 3 /16/2011 -5. APPR.
Calendar: 3/16/2011 9:30 a.m. - Room 112 SENATE GOVERNANCE AND FINANCE, WOLK, Chair
Summary: Existing law authorizes the Controller to appoint a qualified accountant to make an
investigation and to obtain the information required for the annual report of financial transactions.
This bill would authorize the Controller to exercise discretionary authority to perform an audit or
investigation of any county, city, special district, joint powers authority, or redevelopment agency, if
necessary, to ensure compliance with the financial requirements in state law, grant agreements, or
local ordinances . This bill would require the Controller to prepare a report of the results of the audit
or investigation and to file a copy with the local legislative body. This bill would also provide that
specified costs incurred by the Controller shall be borne by the county, city, special district, joint
powers authority, or redevelopment agency and state that reimbursements collected, upon
appropriation to the Controller, be available to offset costs of enforcing this provision.
Laws: An act to amend Section 12464 of the Government Code, relating to the Controller.
Notes 1: This legislation is another in a series of bills introduced in response to the City of Bell
scandal. This bill authorizes the State Controller, at his or her discretion, to perform an audit or
investigation of any county, city, special district, or redevelopment agency, if deemed necessary, to
ensure compliance with state law, grant agreements, local ordinances, and to determine fiscal viability.
The Controller shall prepare a report of the results of the audit or investigation, and a copy shall be
filed with the legislative body of the county, city, special district, or redevelopment agency, the
accounts of which were audited or investigated. The audit or investigation will be designed to provide
reasonable assurance on compliance with laws and regulations that are significant to the audit or
investigation objectives. Any indication, illegal acts, or fraud will be communicated to appropriate
authorities, including the county grand jury.
This legislation provides broad authority for the State Controller to conduct an audit if in his or her sole
discretion an audit is necessary to ensure compliance with state laws and local ordinances, as well as
to determine fiscal viability. It is difficult to argue against a state interest in compliance with state law
and grant agreements, but less so in terms of compliance with a local agencies own ordinances
(regulations? policies ?) or fiscal viability. The provisions of the bill could require, for example, the State
Controller to review local agency independent audits prior to initiating its own audit. A local agency
can control the costs of its annual independent financial audit, but will not be able to do so in terms of
an audit performed by the State Controller. Also, rather than granting the State Controller sole
discretion to initiate an audit, the bill could be amended to require a finding that an illegal act or fraud
is indicated.
Current Position: Not Yet Considered
Recommended Position: Oppose unless amended
SB 200 (Wol D) State water facilities: Sacramento -San Joaquin Delta: Delta conveyance facility.
Introduced: 2/8/2011
Status: 2/17/2011- Referred to Corns. on N.R. & W. and E.Q.
Is Urgency: N
Is Fiscal: Y
Location: 2/17/2011 -5. N.R. & W.
Summary: The United States Bureau of Reclamation operates the federal Central Valley Project and
the Department of Water Resources operates the State Water Resources Development System,
known as the State Water Project, to supply water to persons and entities in the state. This bill would
prohibit the construction of a new Delta conveyance facility, as defined, unless specified conditions are
met, including (A) the adoption of an agreement by the Department of Water Resources and the
Department of Fish and Game that specifies the stages of construction of the new Delta conveyance
facility and (B) the establishment plans and agreements for the construction of specified water
facilities and implementation of specified water programs meeting prescribed conditions as part of the
state Central Valley Project. The bill would prohibit the transportation of water for the federal Central
Valley Project through state project facilities, with specified exceptions, unless certain conditions are
met. This bill contains other related provisions and other existing laws.
Laws: An act to amend Section 11460 of, to add Sections 11108, 11109, 11110, 11111, 11456,
11457, 11458, and 11915.2 to, and to add Article 9.4 (commencing with Section 11259) to Chapter 2
of Part 3 of Division 6 of, the Water Code, relating to water.
Notes 1: This bill creates a series of new and likely Insurmountable obstacles for the Department of
Water Resources (DWR) to construct "the new Delta conveyance facility' by requiring the completion of
numerous actions, many of which are not wholly within DWR 's control and that are unlikely to be
completed.
The bill is inconsistent with existing legislative authority and the Delta Reform Act of 2009.
The bill's basic premise is that "construction of a new Delta conveyance facility shall not commence
until all of the following conditions are met." Those conditions include:
• Department of Fish and Game (DFG) and DWR must adopt a "final agreement" specifying staging of
the construction of the conveyance facility, with the first stage oeing new fish screens. No further
construction could begin until the screens have been completed and tested for at least two years to
determine the adequacy of the screens and operational crite,ia. No further construction is allowed
unless DFG determines that the screens and operational crterla will adequately protect fish
populations.
• No Delta conveyance facilities shall be constructed unless DWR enters into an agreement with DFG
"for the protection and enhancement of fish and wildlife" thal: ( L) restores adult populations of "fish
and wildlife" in San Francisco Bay and Suisun Marsh to "the ave-age annual abundance from 1922
through 1967." This requires the projects alone to atone for all of the impacts, man -made or natural,
related to project operations or not, on fish and wildlife, and the number of species that must be
returned to 1922 -67 levels is unlimited. The agreement must include "limitations on exports and
diversions to storage that are necessary to restoring and maintaining those levels" and (2) "the
realization of the potential of the project for increasing resOUrc-�!s" above those levels, consistent with
contracts for water delivery.
"Plans and agreements to protect the beneficial uses of the Delta are in place." There is no detail on
who must make these plans; who the parties are to any agreements; or who determines that a
sufficient number of plans or agreements exist or that they are sufficient to "protect beneficial uses of
the Delta." Such plans and agreements are potentially unlimited, but the bill does specifically mention
some dozen examples that must be included.
Much has changed since this bill first appeared in 1981 -82. The pending development and adoption of
the Delta Plan and the Bay Delta Conservation Plan, which hopefully pave the way for the construction
of delta conveyance improvements, are now recognized as the path forward to addressing water
supply reliability and ecosystem restoration goals in the Delta.
Current Position: Not Yet Considered
Recommended Position: Oppose
SB 496 (Fuller R) State Water Resources Development System.
Introduced: 2/17/2011
Status: 3/3/2011- Referred to Com. on RLS.
Is Urgency: N
Is Fiscal: N
Location: 3/3/2011 -5. RLS.
Summary: The Department of Water Resources operates the State Water Resources Development
System, commonly referred to as the State Water Project, in accordance with the California Water
Resources Development Bond Act. This bill would make technical, nonsubstantive changes to a
provision that authorizes the issuance of bond funds in the amount of $1,750,000,000 for the
purposes of that bond act.
Laws: An act to amend Section 12935 of the Water Code, relating to water resources.
Notes 1: This legislation is a spot bill introduced by the author as a placeholder for subsequent
amendments. The District should watch the legislation for subsequent amendments given the subject
matter.
Current Position: Not Yet Considered
Recommended Position: Watch
SB 571 (Wolk D) California Water Commission: master plan for financing and developing water
resources: state- funded projects and programs.
Introduced: 2/17/2011
Status: 3/3 /2011- Referred to Com. on N.R. & W.
Is Urgency: N
Is Fiscal: Y
Location: 3/3/2011 -5. N.R. & W.
Summary: Existing law establishes the California Water Commission in the Department of Water
Resources and requires the commission to conduct an annual review of the progress and operation of
the State Water Project and to carry out various other related functions. This bill would require the
commission on or before January 1, 2013, to develop a master plan for financing and developing water
resources in the state, Including specified assessments and recommendations. The bill would require
the commission to update the master plan every 5 years. The bill would require the commission to
annually review and audit the award of state funds for water resources projects and programs; to
develop, consistent with the master plan, a prioritized list of projects and programs relating to water
supply, water quality, water conservation, water use efficiency, ecosystem and watershed restoration,
and integrated regional water management planning and Implementation, for purposes of awarding
state financial assistance for those projects and programs; and to establish guidelines for the award
of state financial assistance allocated for integrated regional water management plans, as specified.
The bill would also declare legislative intent that the commission be given authority to allocate
specified state funds for water resources projects and programs.
Laws: An act to amend Section 10546 of, and to add Sections 167 and 168 to, the Water Code,
relating to the California Water Commission.
Notes 1: This legislation seeks to implement a number of recommendations by the Little Hoover
Commission relating the state financing of water infrastructure projects. The legislation would require
the California Water Commission to prepare a master plan that shall include all of the following:
(a) An assessment of the state's capital outlay and ongoing maintenance needs for water resources
through 2050. In making this assessment, the commission may use the most recent update of the
California Water Plan, if the commission determines that it is sufficient to meet the requirements of this
subdivision.
(b) Recommended guidelines for the Legislature and the Governor to set and maintain investment
priorities. The guidelines should allow policymakers to adapt priorities to changing circumstances,
when necessary, without abandoning overall planning objectives.
(c) A determination of state, federal, and local public funds likely to be available through 2050, and the
size of any funding shortfall that may remain.
(d) Recommendations to the Legislature regarding a financing framework that, on an ongoing basis,
fully integrates water resources needs, including capital investments, and ongoing operational
expenses with the state budget process. The financing framework should include a recommended mix
of state funding sources to pay for
water infrastructure financing and ongoing operational needs, including General Fund, revenue bonds,
and user fees.
(e) An evaluation of the feasibility and applicability of alternative financing sources to meet the state's
water resources needs and reduce reliance on General Fund expenditures. Alternatives to be
evaluated shall include, but shall not be limited to, all of the following:
(1) Private financing.
(2) User fees.
(3) Revenue bonds.
(4) Fee - backed general obligation bonds.
(5) Revolving loan programs.
(f) An evaluation of the feasibility of meeting water resources needs through alternatives to capital
outlay. Examples of these alternatives may include, but are not limited to, savings through life cycle
financing and reducing the need for new infrastructure through greater efficiency.
(g) Establishment of a means to measure the rate of return on water resources projects and
mechanisms to finance the most cost - effective projects and the highest priority projects.
(h) A timetable for capital outlay and ongoing expenditures.
The legislation would express legislative intent that the California Water Commission should be given
authority to allocate state general obligation bond revenues and other state funds for water
resources projects and programs consistent with the master plan, including projects funded through
integrated regional water management plans (IRWMP).
The bill would seem to take away authority granted to the Department of Water Resources under
Proposition 50 and Proposition 84, as well as the proposed November 2012 water bond as it relates
to IRWMP funding. The bill also expands California Water Commission responsibilities beyond state
financing to include the consideration of user fees to pay for state -level investment in water resources
infrastructure. The bill would both direct the Commission to develop a finance framework that includes
the General Fund, while also requiring the investigation of alternative financing sources that would
reduce reliance on the General Fund.
Current Position: Not Yet Considered
Recommended Position: Not Favor unless amended
SE 710 (La Malfa R) State Water Project.
Introduced: 2/18/2011
Status: 3/3/2011- Referred to Com. on RLS.
Is Urgency: N
Is Fiscal: N
Location: 3/3/2011 -S. RLS.
Summary: Under existing law, the Department of Water Resources operates the State Water Project
and exercises other functions relating to the state's water resources. Existing law authorizes the
department to enter into contracts and agreements in connection with the State Water Project. This
bill would state the intent of the Legislature to enact legislat o- that would address costs to local
governments caused by State Water Project operators.
Laws: An act relating td water.
Notes 1: This legislation is a spot bill introduced by the author as a placeholder for subsequent
amendments. The District should watch the legislation for subsequent amendments given the subject
matter.
Current Position: Not Yet Considered
Recommended Position: Watch
SB 834 (Wolk D) Integrated regional water management plans: contents.
Introduced: 2/18/2011
Status: 3/10 /2011 - Referred to Com. on N.R. & W.
Is Urgency: N
Is Fiscal: N
Location: 3/10/2011 -5. N.R. & W.
Summary: The Integrated Regional Water Management Planning Act of 2002 authorizes a regional
water management group, as defined, to prepare and adopt an integrated regional water
management plan. The act requires an integrated regional water management plan to address
specified water quality and water supply matters. This bill wculd additionally require an integrated
regional water management plan to demonstrate the marine- in which the plan complies with a
specified state policy concerning reducing reliance on the Sacramento -San Joaquin Delta for water
supply and improving regional self - reliance for water, if the region covered by the plan receives water
supply that originates it the Sacramento-San Joaquin Delta as defined.
Laws: An act to amend Section 10540 of the Water Code, elating to water.
Notes 1: Every year the Legislature introduces and often enacts legislation that changes the
Integrated Regional Water Management Planning Act, which creates confusion and new burdens on
local agencies that go through great expense and time to produce a plan worthy of securing state
funds to assist in implementation of the plan. This bill would add a new requirement that if a region
covered by a plan receives water supply originating in the Sacramento -San Joaquin Delta, the plan
shall demonstrate the manner in which it complies with Section 85021 (it is the policy of the state that
such regions shall reduce their reliance on the Delta for water supply). The word "complies" may be
too strong. The use of the term "furthers" may be more appropriate. Also, the requirement imposed by
this legislation should not apply to existing plans, but to plars adopted after January 1, 2012.
Current Position: Not Yet Considered
Recommended Position: Oppose unless amended
Total Measures: 29
Total Tracking Forms: 29
�EastValley
Water District
Board Memorandum No. B -11 -2011
From: Brian Tompkins, Chief Financial Officer
Subject: OPEB Actuarial Valuation
Date: March 22, 2011
Recommendation: Approve the attached actuarial valuation prepared by the Epler Company,
subject to changes in assumptions proposed by the Board.
Background:
In May 2009 the District contracted with Epler Company, an actuarial firm, to conduct a GASB 45
valuation of unfunded liabilities for retiree health benefits. The valuation determined that the amount of
the District's liability related to past services of all current and retired employees is $1,290,086, and that
the present value of all future contributions projected to be paid is $2,169,212. Using a discount rate of
5 %, the valuation found that the District should be recognizing an Annual Required Contribution (ARC)
related to retiree health benefits of approximately $170 thousand.
Two years of the recommended ARC have been accrued on the District's balance sheet in accordance
with GASB 45, however, to date no contributions have been paid into an irrevocable trust. It has been
staff's contention that the assumptions used in the original valuation were too conservative resulting in
an unnecessarily high liability and annual cost. Specifically, the valuation assumed 100% participation
in the benefit by all eligible retirees, and also assumed an annual increase in the benefit of $50.
Staff is currently working with the Epler Company to prepare an update for the District's GASB 45
valuation (a draft of the updated valuation is attached). In doing so, we have refined some of the
assumptions used in the calculation. First, participation in the plan has been reduced to 70% of eligible
retirees, based on historical participation levels, and the amount of the annual increase to the benefit
has been reduced from $50 to $25. By incorporating these changes and staying with a discount rate of
5 %, the updated valuation shows an Actuarial Liability of $1,561,797 and an Annual Required
Contribution of $126,067. The ARC can further be reduced, to $101,313, if the District uses the
California Employer's Retiree Benefit Trust (CERBT) which uses a discount rate of 7.75 %.
Staff requests board guidance on the increase in benefit assumption, i.e., $25 annually, $25 bi-
annually, zero increases, or otherwise to be used in the finalized valuation. Staff also requests
authorization to contract with the CERBT, sponsored by CalPERS, and to begin sending deposits to the
CERBT equal to the Annual Required Contribution as determined by the valuation — currently
$101,313. The 2010 -11 budget makes provision for an ARC of $172,000.
DRAFT
East Valley Water District
Actuarial Valuation
Retiree Health Program
As of July 1, 2010
Prepared by:
The Epler Company
450 "B" Street, Suite 750
San Diego, CA 92101
(619) 239 -0831
March 2011
DRAFT
East Valley Water District
Actuarial Valuation
Retiree Health Program
As of July 1, 2011
Table of Contents
Pase
Section 1. Executive Summary. ................................................. .......................................... 1
Section II. Financial Resul ts ................................................................. ............................... 5
Section III. Projected Cash Flows .......................................................... ............................... 9
Section IV. Funding Analysis ........................................................... ...............................
Section V. Benefit Plan Provisions ....................................................... ............................... 12
SectionVI. Valuation Data ...................................................................... ............................... 14
Section VII. Actuarial Assumptions and Methods ................................... ............................... 15
Section VIII. Actuarial Certification ......................................................... ............................... 20
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Section 1. Executive Summary
Background
East Valley Water District (the District) selected The Epler Company to perform an
actuarial valuation of its retiree health program. The purpose of the actuarial valuation is to
measure the District's liability for retiree health benefits and to determine the District's
accounting requirements for other post - employment benefits (OPEB) under Govermnental
Accounting Standards Board Statements No. 43 & 45 (GASB 43 and GASB 45). GASB 45
requires accrual accounting for the expensing of OPEB. The expense is generally accrued over
the working career of employees, rather than on a pay -as- you -go basis. GASB 43 requires
additional financial disclosure for funded OPEB Plans.
The District currently provides medical coverage to 65 active employees and 5 retired
employees through the CaIPERS Health Program. At retirement, the District provides a
contribution for the continuation of medical coverage for eligible retirees. Eligibility for a
District contribution requires retirement from the District and from PERS with at least 5 years of
service. The District's provides the CalPERS minimum required contribution for employees
($101 in 2009 and indexed to medical inflation) meeting this eligibility requirement. In addition,
employees retiring with at least 20 years of service received an additional monthly maximum
dollar amount. The additional monthly dollar amount is currently $550. This additional
contribution is provided through the retiree's attainment of Medicare eligibility age. Section V of
the report details the plan provisions and current premium costs that were included in the
valuation.
Results of the Retiree Health Valuation
The amount of the actuarial liability for the District's retiree health benefits program as of
July 1, 2010 is $1,561,797. This amount is based on a discount rate of 5% which assumes the
District continues to maintain the retiree health benefits program as an unfunded plan. The
amount represents the present value of all contributions for retiree health benefits projected to be
paid by the District for current and future retirees. If the District were to place this amount in a
fund earning interest at the rate of 5% per year, and all other actuarial assumptions were exactly
met, the fund would have exactly enough to pay all expected contributions for retiree health
benefits. This includes contributions for retiree health benefits for the current retirees as well as
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the current active employees expected to retire in the future. The valuation does not consider
employees not yet hired as of the % aluation date.
If the amount of the actuarial liability is apportioned into east service, current service and
future service components; the past service component (actuarial accrued liability) is
$1,019,483, the current service component (normal cost) is 954,892 and the future service
component (not yet accrued liability) is $487,422.
Changes from Prior Valuation
The results of the valuation reflect a change in the participation assumptions and a change
in the expected future increase in the District contribution. ]n addition, the valuation incorporates
the updated demographic assumptions from the recently published Ca1PERS experience study. A
reconciliation of the change in the liability from the prior valuation is provided below:
July 1, 2008 Valuation
Increases due to passage of time
$ 2.169 Million
$ 0.158 Million
Net experience gain (primarily District contribution ($ 0.255Million)
remaining constant in 2010 and 2011)
Increases due to change in demographic assumptions $ 0.268 Million
Decrease due to change in participation assumptions ($ 0.644 Million)
Decrease due to change in future District contribution ($ 0.134 Million)
increases from $50 to $25
July 1, 2010 Valuation
Annual Required Contribution
$1.562 Million
The District's annual required contribution (accrual expense) for the 2010/2011 fiscal year
is $126,067. The annual required contribution is comprised of the present value of benefits
accruing in the current fiscal year (normal cost with interest) plus a 28 -year amortization (on a
level- dollar basis) of the unfunded actuarial accrued liability. Thus, it represents a means to
expense the plan's liabilities in an orderly manner. The change in the net OPEB obligation/(asset)
at the end of the fiscal year wilt reflect any actual contributions made by the District during the
period for retiree health benefits including any pre - funding amounts. The expected retiree health
payment amount for the 2010/11 fiscal year is $27,701 (net of required retiree contributions).
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Fundin
The District has not informed us of any funds eligible as plan assets under GASB 45.
Under GASB 45, assets cannot be considered as employer contributions or plan assets unless
they are segregated for exclusive use for retiree health benefit payments and secured from
creditors of the District.
The valuation provides alternative results assuming the District were to adopt pre - funding
through the California Employers' Retiree Benefit Trust ( CERBT), a GASB eligible trust. The
CERBT has an investment policy with an expected long -term rate of return equal to 7.75% for
employers pre - funding the annual required contribution each year. The results using a 7.75%
discount rate are provided in the financial results section of the report and a comparison of the
valuation results using a 7.75% versus a 5% discount rate on the liabilities and annual required
contribution are provided in the following table. The results assuming the District partially pre -
funds for retiree health benefits have also been provided in Section II of the report.
5% Discount Rate 7.75 % Discount Rate
Actuarial Liability:
$1,561,797
$1,014,667
Actuarial Accrued (Past Service) Liability:
$1,019,483
$727,256
Unfunded Actuarial Accrued Liability:
$1,019,483
$727,256
Annual Required Contribution:
$126,067
$101,313
Expected District Contributions:
$27,701
$101,313
There are multiple ways to approach the funding of a retiree health plan. The annual
required contribution (accrual expense) is one method, of many, that could be used to pre -fund
benefits. Section IV of the report provides other funding alternatives for the District.
Actuarial Basis
The actuarial valuation is based on the assumptions and methods outlined in Section VII
of the report. To the extent that a single or a combination of assumptions is not met the future
liability may fluctuate significantly from its current measurement.
As an example, the healthcare cost increase anticipates that the ]minimum required
contribution will increase 5% per year. In addition, the valuation is based on the assumption that
the District's additional monthly contribution for employees with at least 20 years of service will
increase in future years by $25 each year. If the minimum required contribution increases are an
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additional 1% each year and the additional monthly contribution increases $50 each year, the
annual required contribution would increase by 20 %. If the additional contribution remains at
$550 for all future years the annual required contribution would decrease by 8 %.
Another key assumption used in the valuation is the diicount rate which is based on the
expected rate of return of plan assets. The valuation is based oil a discount rate of 5 %. A 1%
decrease in the discount (interest) rate would increase the annual required contribution by 11 %.
A 1% increase in the discount (interest) rate would decrease the annual required contribution by
9 %.
GASB 45 requires that implicit rate subsidies be considered in the valuation of medical
costs. An implicit rate subsidy occurs when the rates for retirees are the same as for active
employees. Since pre- Medicare retirees are typically much older than active employees, their
actual medical costs are almost always higher than for active employees. It is our understanding
that the District participates in community -rated health plans and is exempt from valuing this
rate subsidy. Typically, inclusion of the rate subsidy will result in significantly larger liabilities
and expensing requirements.
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Section II. Financial Results
A. Valuation Results
DRAFT
The table below presents the employer liabilities associated with the District's retiree
health benefits program detennined in accordance with GASB 43 & 45. The actuarial liability
(AL) is the present value of all the District's contributions projected to be paid under the
program. The actuarial accrued liability (AAL) reflects the amount attributable to the past
service of current employees and retirees. The normal cost reflects the accrual attributable for
the current period. The results were detennined using the 5% discount rate which reflects the
District maintaining its current funding policy.
Total
1. Actuarial Liability (AL)
Actives $1,371,031
Retirees 190,766
Total AL $1,561,797
2. Actuarial Accrued Liability (AAL)
Actives $ 828,717
Retirees 190,766
Total AAL $1,019,48.3
3. Normal Cost at July 1, 2010 $ 54,892
No. of Active Employees* 65
Average Age 44.4
Average Past Service 13.1
Estimated Payroll $4,507,000
No. of Retired Employees 5
Average Age 64.0
Average Retirement Age 57.9
*Employee statistics exclude 1 Director who is also eligible for a District contribution towards
health benefits at retirement.
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B. Development of Unfunded Actuarial Accrued Liability
The table below presents the development of the unfunded actuarial accrued liability
(UAAL). The unfunded actuarial accrued liability is the excess of the actuarial accrued liability
(AAL) over the actuarial value of eligible plan assets'. Eligible assets under GASB 45 must be
segregated and secured for the exclusive purpose of paying for (he retiree health benefits.
Total
1. Actuarial Accrued Liability (AAL) $1,019,483
2. Actuarial Value of Assets' 0
3. Unfunded AAL (UAAL) $1,019,483
C. Amortization of Unfunded Actuarial Accrued Liabilitv
The amortization of the UAAL component of the annual required contribution (ARC) is
being amortized over an amortization period of 28 years on a level- dollar basis.
Total
1. Unfunded AAL (UAAL) $1,019,483
2. Amortization Factor 14.89813
3. Amortization of UAAL $ 68,430
D. Annual Required Contribution (ARC)
The table below shows the development of the annual required contribution (ARC) under
GASB 45 for the District's 2010,2011 fiscal year and provides the estimated ARC for the
District's 2011/2012 and 2012 /2013 fiscal year.
1. Normal Cost at End of Year
2. Amortization of UAA L. at End of Year
3. Annual Required Contribution (ARC)
4. Estimated Payroll
5. ARC as Percentage of Payroll
Fiscal Year
2010201 1
5.537
68.430
S126.067
2.8°%
Fiscal Year
2011/2012
$ 60,518
68.430
Mall UOR,
Fiscal Year
2012/2013
$ 63,544
68.430
$131,974
$4,653,000 $4,805,000
2.8% 2.7%
'The District has not reported any eligible plan assets under GASB 45 as of July 1.:010.
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Annual Required Contribution (ARC) FY201O /2011
1.
Normal Cost at End of Year
DRAFT
E. Results - Alternative Discount Rate
$ 36,996
2.
The District also requested the measurement
of the liability and annual required
contribution using a discount rate to reflect pre - funding
the retiree
health benefits through the
California Employers' Retiree Benefit Trust (CERBT).
$ 126,067
$ 115,104
The 7.75% comparable financial results in the following table reflect a policy to fully -
fund the annual required contribution through CERBT.
The 6.0% comparable financial results
reflect a policy to partially -fund (50 %) the annual required contribution through CERBT.
Liabilities
5.0%
6.0% 7.75'/0
1. Actuarial Liability (AL)
2.8%
2.6%
Actives
$1,371,031
$1,140,858 $ 855,722
Retirees
190,766
177,616 158,945
Total AL
$1,561,797
$1,318,474 $1,014,667
2. Actuarial Accrued Liability (AAL)
Actives
$ 828,717
$ 715,580 $ 568,311
Retirees
190,766
177,616 158,945
Total AAL
$1,019,483
$ 893,196 $ 727,256
3. Actuarial Value of Assets
0
0 0
4. Unfunded AAL (UAAL)
$1,019,483
$ 893,196 $ 727,256
5. Amortization Factor
14.89813
13.40616 11.307294
6. Amortization of UAAL
$ 68,430
$ 66,626 $ 64,317
Annual Required Contribution (ARC) FY201O /2011
1.
Normal Cost at End of Year
$ 57,637
$ 48,478
$ 36,996
2.
Amortization of UAAL at End of Year*
68,430
66,626
64,317
3.
Annual Required Contribution (ARC)
$ 126,067
$ 115,104
$ 101,313
4.
Estimated Payroll
$4,507,000
$4,507,000
$4,507,000
5.
ARC as % of Payroll
2.8%
2.6%
2.2%
Estimated Fiscal Year 2011/2012 ARC
1.
Normal Cost at End of Year
$ 60,518
$ 51,387
$ 39,863
2.
Amortization of UAAL at End of Year
68,430
66.626
64.317
3.
Annual Required Contribution (ARC)
$ 128,948
$ 118,013
$ 104,180
4.
Estimated Payroll
$4,653,000
$4,653,000
$4,653,000
5.
ARC as % of Payroll
2.8%
2.5%
2.2;%
*Amortized based on a level - dollar basis over 28 years
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F. Sensitivity Analysis:
1. The impact of a 1% increase /decrease in the discount (interest) rate on the District's
actuarial liability, actuarial accrued liability, unfunded actuarial accrued liability and the annual
required contribution is provided below:
Dollar
1% Decrease in Discount Rate M Increase
- Actuarial Liability $319,174
- Actuarial Accrued Liability $159,035
- Unfunded Actuarial Accrued Liability $159,035
- Annual Required Contribution (Expense) $ 14,254
Dollar
I% Jncrease in Discount Rate W Decrease
- Actuarial Liability ($243,323)
- Actuarial Accrued Liability ($126,287)
- Unfunded Actuarial Accrued Liability ($126,287)
- Annual Required Contribution (Expense) ($ 10,963)
Percentage
M) Increase
20%
16%
16%
11%
Percentage
( %) Decrease
(16 %)
(12 %)
(12 %)
(9 %)
2. The impact of a 1% increase in the healthcare trend rates applicable to the minimum
required contribution and an additional $25 increase in the additional contribution on the
District's actuarial liability, actuarial accrued liability, unfunded actuarial accrued liability and
the annual required contribution is provided below:
- Actuarial Liability
- Actuarial Accrued Liability
- Unfunded Actuarial Accrued Liability
- Annual Required Contribution (Expense)
Dollar
($)Increase
$357,924
$167,254
$167,254
$ 25,427
Percentage
M) Increase
23%
16%
16%
20%
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Section III. Projected Cash Flows
The valuation process includes the projection of the expected benefits and /or
contributions to be paid by the District under its retiree health benefits program. This expected
cash flow takes into account the likelihood of each employee reaching age for eligibility to retire
and receive health benefits. The projection is performed by applying the turnover assumption to
each active employee for the period between the valuation date and the expected retirement date.
Once the employees reach their retirement date, a certain percent are assumed to enter the retiree
group each year. Employees already over the latest assumed retirement age as of the valuation
date are assumed to retire innnediately or at first eligibility, if later. The per capita cost as of the
valuation date is projected to increase at the applicable healthcare trend rates both before and
after the employee's assumed retirement. The projected per capita costs are multiplied by the
number of expected future retirees in a given future year to arrive at the cash flow for that year.
Also, a certain number of retirees will leave the group each year due to expected deaths and this
group will cease to be included in the cash flow from that point forward. Because this is a
closed -group valuation, the number of retirees dying each year will eventually exceed the
number of new retirees, and the size of the cash flow will begin to decrease and eventually go to
zero.
The expected employer cash flows for selected future years are provided in the following
table:
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ONs_
Projected Employer Cash Flows
Fiscal
Future
Retired
Year
Retirees
Employees
Total
2010/11
$
5.170
$
22,531
$
27,701
2011/12
$
16.094
$
22,673
$
38,767
2012/13
$
27.294
$
22,892
$
50,186
2013/14
$
35.957
$
23,121
$
59,078
2014/15
$
43.704
$
23,346
$
67,050
2015/16
$
55.491
$
18,180
$
73,671
2016/17
$
63.394
$
18,397
$
81,791
2017/18
$
71,120
$
6,092
$
77,212
2018/19
$
75,549
$
5,901
$
81,450
2019/20
$
81.443
$
6,029
$
87,472
2020/21
$
8 1,53 6
$
5,850
$
87,386
2021/22
$
82,495
$
5,927
$
88,422
2022/23
$
85,560
$
5,986
$
91,546
2023/24
$
84,045
$
6,027
$
90,072
2024/25
$
72,547
$
6,050
$
78,597
2025/26
$
77,525
$
6,056
$
83,581
2026/27
$
77,018
$
6,043
$
83,061
2027/28
$
84,7785
$
6,013
$
90,798
2028/29
$
92,168
$
5,967
$
98,135
2029/30
$
98,272
$
5,906
$
104,178
2030/31
$
100,769
$
5,83;
$
106,602
2031/32
$
90,773
$
5,747
$
96,520
2032/33
$
102.501
$
5,643
$
108,144
2033/34
$
110,390
$
5,519
$
115,909
2034/35
$
117,845
$
5,369
$
123,214
2035/36
$
119,364
$
5,194
$
124,558
2036/37
$
123.684
$
4,995
$
128,679
2037/38
$
119,410
$
4,773
$
124,183
2038/39
$
123,124
$
4,533
$
127,657
2039/40
$
122,687
$
4,272
$
126,959
2040/41
$
119,543
$
3,990
$
123,533
2050/51
$
71.084
$
880
$
71,964
2060/61
$
49,567
$
0
$
49,575
2070/71
$
23,289
$
0
$
23,289
2080/81
$
3,994
$
0
$
3,994
2090/91
$
0
$
0
$
0
2100/01
$
0
$
0
$
0
2110/11
$
0
$
0
$
0
All Years
$4,561.474
$309.308
$4,870,782
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Section IV. Funding Analysis
There are multiple ways to approach the funding of a retiree health plan. The annual
required contribution (ARC) is one method, of many, that could be used to pre -fund benefits.
The ARC amount will fluctuate from year to year based on the asset performance and as the
population matures.
Presented below are other alternatives to pre -fund the District obligation (the present
value of projected benefits — actuarial liability) for its current active employees and retirees
using both level - dollar and level - percentage of pay methods.
5% Discount Rate
Fund Actuarial Liability
($1,562,000):
Level - Dollar Equivalent
20 Years 25 Years 30 Years
$125,000 $111,000 $105,000
Level - Percentage of Pay*
20 Years 25 Years 30 Years
2.1%
7.75% Discount Rate
Fund Actuarial Liability
($1,015,000): $101,000 $93,000 $88,000 1.8%
*Benefit eligible employees; assumes 3.25% increase in aggregate pay -roll
1.8% 1.5%
1.5% 1.4%
We have listed below some financial advantages that may be achieved by pre - funding
retiree health benefits. Of course, pre - funding will have to be weighed against alternative uses of
the contribution amounts.
• The earlier contributions are made, the less contributions in aggregate will have to be
made to fulfill the District's obligations.
• Depending on the investment strategy for funds, a higher discount rate may be used
for the actuarial valuation resulting in lower OPEB liabilities.
• Pre - funding can mitigate any resulting adverse impact on credit rating that could result
from disclosure of OPEB liabilities.
• Pre - funding may provide additional benefit security to current and future retirees.
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Section V. Benefit Plan Provisions
This study analyzes the postretirement health benefit plain provided by the District.
The District contributes to the retiree health coverage of eligible retirees and eligible
surviving spouses. The Districts financial obligation is as follows:
The District provides the minimum required employer contribution under the CaIPERS
Health Program for eligible retirees and surviving spouses it; receipt of a pension benefit from
CalPERS. An employee is eligible for this employer contribution provided they are vested in
their CaIPERS pension benefit and commence payment of their pension benefit within 120 days
of retirement with the District. Vesting requires at least 5 years of service. The surviving spouse
of an eligible retiree who elected spouse coverage under CalPFRS is eligible for the employer
contribution upon the death of the retiree.
Employees retiring with at least 20 years of District service will receive an additional
District contribution through attainment of Medicare eligibility age. The District contribution is
based on the negotiated dollar amount at retirement (currently $550 per month for new
retirements). The surviving spouse of an eligible retiree is eligible for the District's contribution
upon the death of the retiree through the spouse's attainment ol"Oedicare eligibility age.
Directors who were first elected to office on or after July 1, 1994 shall be eligible to
continue to receive health benefits upon termination on a self -pay basis. There is one Director in
office prior to July 1, 1994 who is eligible for District paid health benefits for himself and any
covered spouse or dependents. The benefits are payable for hip lifetime and for the lifetime of
any covered surviving spouse.
12
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Premium Rates
The District participates in the Ca1PERS Health Program, a community -rated program,
for its medical coverage. The tables below summarize the 2010 and 2011 monthly medical
premiums for the primary medical plans in which the retirees are enrolled. All premiums are
effective for the calendar year.
Retiree
Only
$413.17
$427.58
$424.69
$496.15
$368.06
$636.97
$772.05
$452.41
$993.86
$422.35
$579.58
Retiree
Plus
$826.34
Spouse
$849.38
$736.12
$1,544.10
$904.82
$844.70
$282.30
$1,159.16
Spouse
$433.66
$375.88
$375.88
$375.88
Medicare
Retiree Plus
Retiree
Only-
$298.36
$867.32
$299.53
$751.76
$299.53
Spouse - Medicare
$410.60
$356.09
$356.09
$356.09
Medicare
Retiree Plus
$716.30
$834.81
$765.46
$1,220.90
$872.03
$809.75
$1,012.85
Spouse- Mixed
Retiree
Plus
$596.72
$599.06
$599.06
$821.20
$712.18
$712.18
$712.18
Spouse
- Medicare
Retiree
Plus
$711.53
$724.22
$667.59
$1,182.65
$808.50
$778.44
$935.67
Spouse
- Mixed
Retiree Only
$434.00
$496.93
$427.58
$787.24
$496.15
$433.87
$636.97
Retiree Plus
$868.00
$993.86
$855.16
$1,574.48
$992.30
$867.74
$1,273.94
Spouse
Retiree Only-
$282.30
$337.88
$337.88
$433.66
$375.88
$375.88
$375.88
Medicare
Retiree Plus
$564.60
$675,76
$675,76
$867.32
$751.76
$751.76
$751.76
Spouse - Medicare
Retiree Plus
$716.30
$834.81
$765.46
$1,220.90
$872.03
$809.75
$1,012.85
Spouse- Mixed
Note: Above rates retlect the early retirement rate subsidies that apply to the 2011 rates for early retirees. Continuation of the
rate subsidy is dependent on available federal funding through 2014.
OOS = Out -of -State
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Section VI. Valuation Data
The valuation was based on the census furnished to us by the District. The following
tables display the age distribution for retirees and the age'service distribution for active
employees as of the Measurement Date.
Age Distribution of Eligible Retired Participants & Beneficiaries
X55 0
55 -59 2
60 -64 1
65 -69 1
70 -74 0
'75 -79 1
80+ 0
Total: 5
Average Age:
64.0
Avera e Retirement Age:
57.9
Age /Service Distribution of Active Participants
SerN
ice
20 -24 1
1
25 -29 4 2
6
30 -34 4 5 1
10
35 -39 4 2 2
8
40 -44 3 2 1 1
1
8
45 -49 0 2 2 1
2
7
50 -54 1 0 2 1
4
2
2
12
55 -59 1 1 2 1
1
2
2
10
60 -64 0 0 0 1
0
1
1
0
3
65+ 0 0 0 0
0
0
0
0
0 0
Total: 18 14 10 5
8
5
5
0
0 65
Average Age: 44.4
Average Service: 13.1
Estimated Payroll: $4,507,000
*Employee statistics exclude 1 Director who is also eligible for a District contributio t towards health benefits at retirement.
14
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0;:
Section VII. Actuarial Assumptions and Methods
The liabilities set forth in this report are based on the actuarial assumptions described in
this section.
Fiscal Year: July 1st to June 30th
Measurement Date: July 1, 2010
Discount Rate: Results using discount rates associated with alternative funding
policy are presented in the valuation report as follows:
5.0% per annum. This discount rate assumes the District continues to
fund for its retiree health benefits on as pay -as- you -go basis.
7.75% per annum. This discount rate assumes the District pre -funds
100% of the annual required contribution within the California
Employers' Retiree Benefit Trust (CERBT), a GASB eligible trust.
6.0% per annurn. Provided for comparison purpose.
Salary Increases: 3.25% per annum, in aggregate
Pre - retirement Turnover: According to the termination rates under the CalPERS pension plan
updated to reflect the 2009 experience study. Sample rates for
Miscellaneous employees are as follows:
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Pre - retirement Mortality: According to the pre - retirement mortality rates under the Ca1PERS
pension plan updated to reflect the '1009 experience study. Sample
deaths per 1,000 employees applicable to Miscellaneous employees
are as follows:
25
0.5
0.3
30
0.5
0.4
35
0.7
0.5
40
0.9
0.7
45
1.2
0.9
50
1.8
1.3
55
2.6
1.8
60
1 4.0
2.7
Post - retirement Mortality: According to the post - retirement mortality rates under the Ca1PERS
pension plan updated to reflect the 2009 experience study. Sample
deaths per 1,000 employees applicable to non - disabled retirees are as
follows:
55
4.7
2.4
60
7.2
4.3
65
10.7
7.8
70
16.8
12.4
75
30.8
20.7
80
52.7
37.5
85
97.8
70.1
90
167.5
124_0
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Retirement Rates: According to the retirement rates under the Ca1PERS pension plan
updated to reflect the 2009 experience study. Sample retirement
rates for Miscellaneous employees are as follows:
50
4.25%
5.00%
5.75%
6.50%
7.250/o
51
3.40%
4.00%
4.60%
5.20%
5.800/o
52
3.40%
4.00%
4.60%
5.20%
5.80°/
53
4.25%
5.00%
5.75%
6.50%
7.25°/
54
6.80%
8.00%
9.20%
10.40%
11.600/lo
55
14.03%
16.50%
18.98%
21.45%
23.93 00
56
9.35%
11.00%
12.65%
14.30%
15.95 0/o
57
9.78%
11.50%
13.23%
14.95%
16.68 0i0
58
11.48%
13.50%
15.53%
17.55%
19.580/0
59
12.75%
15.00%
17.25%
19.50%
21.75 00
60
13.60%
16.00%
18.40%
20.80%
23.20 0o
61
13.18%
15.50%
17.83%
20.15%
22.480io
62
19.13%
22.50%
25.88%
29.25%
32.630io
63
16.58%
19.50%
22.43%
25.35%
28.28 0NO
64
16.58%
19.50%
22.43%
25.35%
28.280NO
65
22.53%
26.50%
30.48%
34.45%
38.430NO
66
16.58%
19.50%
22.43%
25.35%
28.28 0NO
67
16.58%
19.50%
22.43%
25.35%
28.28 0NO
68
16.58%
19.50%
22.43%
25.35%
28.280No
69
16.58%
19.50%
22.43%
25.35%
28.28 0NO
70 -74
19.90%
23.40%
26.92%
30.42%
33.94°io
75
100.0%
100.0%
100.0%
100.0%
100.00/10
The percentage refers to the probability that an active employee who has reached
the stated age will retire within the following year.
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Participation Rates: 70% active employees eligible for benefits are assumed to elect
medical coverage at retirement if retiring prior to reaching Medicare
eligibility age (age 65). 35% of acii-e employees eligible for benefits
are assumed to elect medical coverage at retirement if retiring on or
after reaching Medicare eligibility age. In addition, the valuation
assumes that the 70% rate for earl,. retirees will drop to 35% upon
reaching Medicare eligibility age.
[Prior valuation assumed that 100',�, of active employees eligible for
benefits elected medical coverage at retirement if retiring prior to
reaching Medicare eligibility age. hn addition, the prior valuation
assumed that 50% of these would drop coverage upon reaching
Medicare eligibility or if retiring after reaching Medicare eligibility
age. ]
Plan Participation Rates: Of those electing coverage, 50°-i, of those electing coverage are
assumed to elect HMO coverage and the remaining 50% are assumed
to elect PPO coverage. Actual plan coverage is used for current
retirees.
Spouse Coverage: 50% of future retirees are assumed to elect coverage for their spouse.
Male spouses are assumed to be ; years older than female spouses.
Actual spouse coverage and spouse ages are used for current retirees.
Dependent Coverage: Not explicitly valued.
Claim Cost Development: The valuation claim costs are based on the premiums paid for
medical insurance coverage. The District participates in the
CalPERS Health Plan, a colmnunity rated plan. The valuation
assumes the District is exempt from the valuation of any medical
plan rate subsidy.
IA
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Medical Trend Rates: Medical costs are adjusted in future years by the following trends:
2010
9.0%
8.5%
2011
8.5%
8.0%
2012
8.0%
7.5%
2013
7.5%
7.0%
2014
7.0%
6.5%
2015
6.5%
6.0%
2016
6.0%
5.5%
2017
5.5%
5.0%
2018+
5.0%
5.0%
District Contribution: The Ca1PERS minimum required contribution is assumed to increase
5% per year; the District's additional monthly contribution for
employees with at least 20 years of service at retirement is assumed
to increase $25 each contract year.
Actuarial Cost Method: The actuarial cost method used is the Projected Unit Credit with
service prorate. Under this method, the Actuarial Accrued Liability is
the present value of projected benefits multiplied by the ratio of
benefit service as of the valuation date to the projected benefit
service at retirement, termination, disability or death. The Normal
Cost for a plan year is the expected increase in the Accrued Liability
during the plan year.
All employees eligible as of the measurement date in accordance
with the provisions of the plan listed in the data provided by the
District were included in the valuation.
Actuarial Value of Assets: Any GASB eligible assets of the plan will be valued on a market
value basis. As of the valuation date there were no reported assets.
Amortization of UAAL: The unfunded actuarial accrued liability is being amortized over an
initial 30 years using a level - dollar amortization method. The
outstanding unfunded liability at July 1, 2010 is amortized over 28
years.
19
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I Section VIII. Actuarial Certification I
The results set forth in this report are based on the actuarial valuation of the retiree health
benefits program of East Valley Water District (the "District') as of July 1, 2010
The valuation was performed in accordance with generally accepted actuarial principles
and practices and in accordance with GASB Statements No. 43 & 45. We relied on census data
for active employees and retirees provided to us by the District. We also made use of plan
information, premium information, and enrollment information provided to us by the District.
The assumptions used in performing the valuation, as surunarized in this report, and the
results based thereupon, represent our best estimate of anticipated experience and actuarial cost
of the retiree health benefits program.
I am a member of the American Academy of Actuaries and believe I meet the
Qualification Standards of the American Academy of Actuaries to render the actuarial opinion
contained herein.
Certified by:
Marilyn K. Jones, ASA, EA, MA,A V FCCA Date:
Vice President and Actuary
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jEF OO NSERVATIpN O
1
pUR NAME IS OUR MISS%
March 10, 2011
Mr. Bob Martin
SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT
1630 West Redlands Boulevard, Suite A
Redlands, CA 92373 -8032
(909) 793 -2503
Fax: (909) 793 -0188
East Valley Water District
P.O. Box 3427
San Bernardino, CA 92413
Dear Mr. Martin:
Estabbshed 1932
RO. Box 1839
Redlands, CA 92373 -0581
IAi ? L it :
The San Bernardino Valley Water Conservation District (Conservation District) has completed
its 2009 -2010 Engineering Investigation of the Bunker Hill Basin. This report is required in
connection with the Board of Directors' consideration of a groundwater charge on groundwater
production within the Conservation District's boundaries. Article 1, Section 75560 of the
California Water Code, requires that a water conservation district that proposes to levy or
continue a groundwater extraction fee "...shall annually cause to be made an engineering
investigation and report upon groundwater conditions of the District." A copy of the
Conservation District's 2009 -2010 report is available for review online at the District's website
at http: / /www.sbvwcd.dst.ca.us /reports- data/documents /2011 Engineeringlnvestigation.pdf or at
the District's office at 1630 West Redlands Blvd., Suite A, Redlands, CA. You are being
provided a copy of this notice because you are the owner or operator of a groundwater producing
well in the District's jurisdictional boundaries.
District staff is recommending to the District's Board of Directors to raise the groundwater rate
of $2.18 per acre -foot for groundwater production for direct agricultural production to $2.73 per
acre foot, and from $7.85 per acre -foot for groundwater production for non - agricultural purposes
to $9.81 per acre -foot. These proposed rates will pertain to agricultural and non - agri cultural
groundwater production from July 1, 2011 -June 30, 2012. California Water Code 75594 dictates
that the rate for non - agricultural groundwater production must be between three and five times
the rate for agricultural use.
The groundwater charge is not imposed on a property basis, but rather is a per acre -foot charge,
which relates directly to the amount of groundwater produced from wells overlying the
groundwater basin within the Conservation District's boundaries. Consequently, the ultimate
amount of groundwater charge to be paid by you cannot be precisely identified now, because it
will depend directly upon the amount of groundwater you produce in the basin from July 1, 2011
to June 30, 2012. The total revenue estimated to be collected from both agricultural and non-
agricultural production for the 2011 -2012 water year is $569,220.00 based on 2010-2011 water
production.
The groundwater charge is to be collected on a semi - annual basis, based on production
statements you submit for your groundwater production.
The District uses the proceeds of the groundwater charge to fund ongoing groundwater
replenishment of the basin, including direct water recharge, facil.t% operations repairs and
maintenance, and related costs.
A public meeting and public hearing on the proposed groundwater charge will be held in the
Conservation District's Board Room at 1630 West Redlands BIB d.. Suite A, Redlands, CA
92373. The date and time for the public meeting will be April 1 3. 2010, at 1:30 pm. The date
and time of the public hearing will be held on April 27, 2010, at t :30 pm.
You are invited to attend the public meeting and public hearing, and may submit evidence
concerning groundwater conditions, water supplies of the Conservation District, or any matter
relating to the proposed groundwater charge. In addition, any party wishing to protest the
groundwater charge, may mail a protest to the Conservation District ; office, and/or present such
protest at the public meeting or public hearing.
Further inquiries regarding the report or the groundwater charge. or -equests for further
information, may be directed to Daniel B. Cozad at 1630 West Redlands Blvd., Suite A,
Redlm%s, CA 92373, or by telephone at (909) 793 -2503.
General
tovater stYalley
District
Board Memorandum No. B -12 -2011
From: Brian Tompkins, Chief Financial Officer
Subject: Financial Statements for the month ended January 31, 2011
Recommendation: Adopt and file the attached financial report
Background:
Date: March 22, 2011
Total Assets increased by $315,367 in January due to continued construction activity. CIP did increase
by $476,350 as several jobs had activity in January — see further discussion under Capital Projects
below.
Compared to December, Current Assets increased by $36,652 and Current / Total Liabilities increased
by $21,066. These slight fluctuations in current assets and current liabilities resulted in the current ratio
(current assets to current liabilities) remaining flat at 1.35:1, and the liquidity indicator of Unrestricted
Cash and Investments compared to Current Liabilities to remain at 92% coverage.
Budget Amendments
Budget amendments approved as part of the mid -year budget review have been input and are reflected
in the attached Revenue & Expense statement. Changes were allocated over the 12 months of the
fiscal year, applied to the month(s), as much as possible, in which variances did, or will, actually occur.
Revenue & Expenses Statement (this discussion has not been changed — comparison to the
amended budget will begin with February statements)
Operating Revenue
Water sales in January were $118,467 under budget. In terms of volume, sales were down 9.7% from
December to 444,726 HCF, and are down 71,079 HCF, or 13.8 %, compared to January 2010.
Compared to two years ago, sales are down 102,208 HCF or 19.2 %.
1,500,000
1,000,000
v
x
500,000
Sales Volume by Month
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
— 2008 -09
— 2009 -10
— 2010 -11 (Feb -Jun est.)
Year -to -date, sales are down 507,752 HCF or 8.7% compared to the first seven months in fiscal year
2009 -10. Staff projects that February through June sales will finish 3.3% below (original) budget.
Other District operating revenues were $8,439 under budget in .)anuary, and Sewer Treatment
revenue, which is passed through to the City of SB, was $13,472 under budget. Both sewer system
and sewer treatment charges are affected by the decrease in water consumption by commercial
customers, which was 10,185 HCF lower in 01/2011 than in 01/2010
Collection charges were again over budget ($7,052) as a result of the new $5 final notice charge (pink
tag) that went into effect in October
Year to date, operating revenues are $661,213 under budget.
Operating Expenses
Operating Expenses were approximately $201 thousand under budget 'n January.
In the Source of Supply cost center, the invoice for July — December groundwater production from the
Conservation District (pump tax) was lower than budgeted due to lower than expected sales.
Pumping costs were almost $30,000 under budget as maintenance expenditures were far lower than
budgeted, though projects have been identified which will use this budget through the end of the year.
Water Treatment costs were over budget for the first time this year, by $4,328, due to a take -or -pay
payment of $87,481 made to Envirogen to satisfy contract requirements to pay a reduced rate for the
deficit between water treated and the minimum volume of water treatment stipulated in our contracts
with Envirogen. This payment covered both the 2009 and 2010 calendar years.
Transmission and Distribution, and Customer Account costs were close to budget, but Wastewater
Collection costs were significantly under budget as no spot repairs were ordered.
In General and Administrative expenses —
• Salaries are under budget in January, in part, because of the open Engineering position
• Benefits are tracking under budget due to the fact that no furds have yet been deposited with a
trust for OPEB benefits,
• January rents were paid in February and are not shown in the current month.
Total operating expenses are under budget $758,055 year to date, and although operating revenue is
also under budget by $661,213, Operating Income for the July through January is $96,842 over
projections at $3,062,873. Budgeted operating income for the 2010 -1' fiscal year is $4,430,105
Capital Projects
Capital expenditures during January included purchase of a scanner and projector, continuing work on
leasehold improvements to Suite 30, and rehab work on well 125. There was also $423,990 spent on
the CIP during January, consisting primarily of construction at plant 134, work on the Conejo sewer
main, and clean -up work at plants affected by the flooding in late December, which is reimbursable by
FEMA.
East Valley Water District
Balance Sheet - Unaudited
January 31, 2011
ASSETS
UTILITY PLANT - at cost:
Utility Plant in Service - water department
$125,137,507
Utility Plant in Service - sewer department
30,804,603
155,942,110
Less: Accumulated Depreciation
(48,381,429)
107,560,681
Construction in Progress
7,136,247
114,696,928
RESTRICTED ASSETS:
Customer / Construction Deposits 1,856,821
Capacity Fees 57,837
Construction Funds 15,679,180
Debt Service Funds - Trust Accts 1,130,426
18,666,427
CURRENT ASSETS:
Cash and Investments 24,575,450
Less: Restricted Cash and Investments 18,666,427
5,909,023
Accounts Receivable (net of allowance) 1,172,621
Other Receivables (net of allowance) 305,023
Inventory 1,005,034
Prepaid Expenses 208,461
8,600,162
OTHER ASSETS AND DEFERRED COSTS (Net of Amortization):
Bond discount and incidental bond expenses 318,759
Deferred financing charges 420,645
739,404
TOTAL ASSETS 142,702,921
Balance Sheet Page 1
East Valley Water District
Balance Sheet - Unaudited
January 31, 2011
LIABILITIES AND EQUITY
LONG -TERM DEBT:
2010 Revenue Bonds $32,490,000
Premium on 2010 Revenue Bonds 2,213,063
DWR Loan 131,861
Less: Deferred amount on refunding of COPS (457,686)
34,377,238
CURRENT LIABILITIES:
Accounts payable
2,092,031
Accrued payroll and benefits
1,339,080
Customer service deposits
1,614,420
Construction deposits
242,401
Accrued interest payable
193,428
Long Term Debt - amounts due within one year
1,071,307
6,552,667
TOTAL LIABILITIES 40,929,905
EQUITY:
Contributed Capital:
Restricted Developer Fees
57,837
Invested in Utility Plant
39,193,724
Other Contributed Capital
3,699,778
Retained Earnings:
Reserved for water bond funds
6,475
Reserved for emergencies
2,170,000
Reserved for Unemployment Insurance
16,450
Unreserved
53,949,999
Net Income for current year
2,678,753
TOTAL EQUITY 101,773,016
TOTAL LIABILITIES AND EQUITY 142,702,921
Balance Sheet Page 2
I !
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EAST VALLEY WATER DISTRICT
CAPITAL IMPROVEMENT PROGRAM
INCLUDING CAPITAL BUDGET FOR
FISCAL YEAR 2010 -2011
Updated through January 2011
Page 1
EAST VALLEY WATER DISTRICT
Capital Improvement Program
Updated through January 2011
Page 2
Prior Current
(Memo)
Projects - By Type
Years Year
2010 -11 2011 -12
Actual Actual
Budget Year
Source of Supply
Plant 150 Wells
-
Lower Zone Wells (2)
-
-
Plant 24 Drain Line
-
-
12,000 340,000
Sunrise Ranch Wells (4)
-
-
Total Source of Supply Projects
-
-
12,000 340,000
Treatment Facilities
Plant 134 - Upgrade Technology
1,758,011
721;812
3,245,892 6,645,079
Plant 134 - Membrane Replacement
Plant 150 - Lower Zn Perch Treat. PI - Phase 1
1,825,125
34,612
605,000 650,000
Plant 150 - Lower Zn Perch Treat. P - Phase 2
-
-
- -
Plant 152 - Inter. Zone Perch Treat. Plant
-
-
- -
Total Treatment Projects
3,583,136
756,424
31850,892 7,295,079
Pumping Facilities
Plant 9 - Rehab Forebay and Booster Station
-
- 50,000
Plant 40 - Inter to Upper Zone Transfer
2,096
125
400,000
Plant 127 - Lower to Inter Zone Transfer
-
-
-
Plant 12 - Replace Boosters / Well
-
Plant 134 - Upper to Canal Zone Transfer
-
Plant 39 - Inter to Upper Zone Transfer
-
Plant 25 - Inter to Upper Zone Transfer
-
Plant 143 - Inter to Upper Zone Transfer
-
-
-
Total Pumping Projects
2,096
125
- 450,000
Wastewater Collection System
Sewer System Studies / Planning
142,662
7,370
50,000 250,000
Sewer Main Lining
-
100,000 450,000
Conejo Main Replacement
112,889
50,762
560,000 -
Total Wastewater Collection Projects
255,551
58,132
710,000
700,000
Page 2
Page 3
2012 -13
2013 -14
2014 -15
2015 -16
Beyond
Project
Year 3
Year 4
Year 5
Year 6
Year 6
Totals
1,925,000
1,925,000
3,300,000
3,300,000
-
352,000
4,400,000
4,400,000
9,625,000
9,977,000
1,253,895
-
10,378,797
16,990,000
1,025,000
-
-
-
20,524,737
-
-
5,050,000
2,850,000
-
7,900,000
-
-
-
-
19,160,000
19,160,000
18,243,895
1,025,000
5,050,000
2,850,000
19,160,000
57,963,534
250,000
-
-
-
300,000
-
-
200,000
200,000
802,221
-
300,000
-
-
300,000
500,000
500,000
-
-
1,000,000
520,000
-
780,000
-
-
1,300,000
-
2,200,000
-
2,200,000
400,000
-
400,000
-
-
-
-
2,900,000
2,900,000
1,270,000 1
800,000 1
980,0001
2,800,000
2,900,000
9,202,221
-
-
-
-
400,032
450,000
450,000
450,000
450,000
1,800,000
4,050,000
-
163,651
450,000
450,000
450,000
450,000
1,800,000
4,613,683
Page 3
EAST VALLEY WATER DISTRICT
Capital Improvement Program
Updated through January 2011
Page 4
Prior Current
(Memo)
Projects - By Type
Years Year
2010 -11 2011 -12
Actual Actual
Budget Year 2
Transmission & Distribution System
6th St 20" Pipeline - Plants 11 & 12 to 150
-
-
- 510,000
Live Oak Main Replacement
9,943
'9'7136
200,000 -
Harlan Lane Main Replacement
7,957
-
- 90,000
Cunningham / Hillview / Crest / Bruce
-
33(,946
450,000 -
6th St 30" Pipeline - Plant 151 to Plant 40
-
32,062
120,000 3,837,000
6th St 30" Pipeline - PI 40 to PI 143
-
- -
9th St 12" Pipeline - Del Rosa to Sterling
-
-
- -
AMR Meter Replacement Program
-
41,526
60,000 300,000
Plant 59 Recoating
-
-
- 300,000
Plant 143 - 10mg Inter Zone Storage
-
23,818
200,000 900,000
Reservoir- Greenspot Rd S Curve
-
-
- -
Reservoir -Seven Oaks Dam Rd
-
-
- -
Relocation of Facilities for Other Agencies
54,733
15.315
100,000 -
Eastwood Farms Assessment District
112,529
E'.877
2,211,399 -
Baseline Gardens
94
Total Trans & Distribution Projects
185,162
X00.774
3,341,399 5,937,000
General Projects
GIS Implementation
457,752 121664
160,000 100,000
Headquarters Building
- -
- -
Total General Projects
457,752
120,664
160,000 100,000
Miscellaneous / Developer Projects
Developer Water Facilities (Reimt by Fees)
226,444
(1,818)
Developer Sewer Facilities (Reimb by Fees)
(17,590)
5,628
Regional Treatment Plant
24,246
Seven Oaks Dam (SAR) Discharge
206,057
2010 Flood Clean Up - Highland
(4,023)
2010 Flood Clean Up - EVWD Facilities
37,927
Page 4
x
vw 4d --
2012 -13
2013 -14
2014 -15 2015 -16
Beyond
Project
Year 3
Year 4
Year 5 Year 6
Year 6
Totals
510,000
207,079
70,000
167,957
-
336,946
2,060,000
-
-
5,931,062
1,300,000
1,000,000
-
5,400,000
7,700,000
-
-
700,000
-
700,000
300,000
300,000
-
941,526
-
-
-
300,000
550,000
-
10,700,000
12,173,818
-
-
10,700,000
10,700,000
-
10,700,000
10,700,000
-
70,048
-
-
-
-
164,407
4,280,000
1,300,000
700,000
37,500,000
50,602,842
-
-
-
678,416
10,000,000
10, 000,000
10,000,000
10,678,416
224,626
(11,962)
24,246
III immim��MIIII
Rol I IN MEMO
Page 5