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Board of Directors Meeting Agenda of 3 October 6, 2004

MEETING OF THE BOARD OF DIRECTORS WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA

12621 E. 166th Street, Cerritos, California 90703

1:30 P.M., WEDNESDAY, OCTOBER 6, 2004

AGENDA Each item on the agenda, no matter how described, shall be deemed to include any appropriate motion, whether to adopt a minute motion, resolution, payment of any bill, approval of any matter or action, or any other action. Items listed as “For Information” or “For Discussion” may also be the subject of an “action” taken by the Board or a Committee at the same meeting. I. DETERMINATION OF A QUORUM

II. PLEDGE OF ALLEGIANCE

III. INVOCATION

IV. PUBLIC COMMENT

V. ADDITIONAL ITEMS TO AGENDA Determine the need to add items to the agenda. In order for the Board to add an item to the agenda it must make a determination that: (i). The item came to the attention of the Board after the posting of the agenda; (ii). That there is a need for immediate action to be taken by the Board. If these two tests are met, the Board may add the item in question to the agenda for consideration consistent with the provisions of the Brown Act.

VI. CONSENT CALENDAR

Consent Calendar items are considered routine by the Board of Directors and will be adopted by one motion. There will be no separate discussion of these items unless a Board Member so requests, in which event the item will be removed from the Consent Calendar and considered separately immediately following action on the remaining items. A. MINUTES OF THE REGULAR MEETING OF SEPTEMBER 15, 2004 Staff Recommendation: Approve the minutes as submitted.

VII. ADMINISTRATIVE CODE REVISION – PROCUREMENT POLICY ON SMALL BUSINESS ENTERPRISE OUTREACH PROGRAM

Administrative Committee Recommendation: Approve revisions to the Procurement Policies and Procedures of the Administrative Code as it relates to the Small Business Enterprise Outreach Program as offered in attached

Exhibit B.


VIII. LABORATORY SERVICES AGREEMENT Groundwater Quality Committee Recommendation: Enter into an agreement, subject to approval as to form by District Counsel, with MWH Laboratories for analytical laboratory services in an amount not to exceed $750,000 annually for three years.

IX. AWARD OF CONTRACT FOR WEST COAST BASIN OPERATING PLAN Water Resources Committee Recommendation: Award a contract, subject to approval as to form by District Counsel, to CH2M Hill in an amount not to exceed $264,000 for the completion of Phase 1 of the West Coast Basin Operating Plan Study and allocate funds for the project from reserves.

X. PACIFIC TERMINALS TEMPORARY ACCESS AND LICENSE AGREEMENT Staff Recommendation: Due to timing constraints, this item was not reviewed by a WRD committee. Staff requests that the agreement be approved by the Board to expedite the start of the Pilot Project.

XI. NAACP DINNER

External Affairs Committee Recommendation: Approve participation in the Long Beach NAACP Freedom Fund Banquet and Awards Presentation on October 15, 2004 by sponsoring a table for ten in the amount of $1,000 and approve the allocation of funds from reserves.

XII. CONSERVATION PROGRAM0

External Affairs Committee Recommendation: Approve the purchase of garden hose nozzles as WRD conservation items.

XIII. ULTRA-LOW FLUSH TOILET (ULFT) DISTRIBUTION PROGRAM

External Affairs Committee Recommendation: (1) Director Murray made a motion that the Committee recommend participating and contributing up to $150,000 to the Central & West Basin Municipal Water Districts’ Ultra-Low Flush Toilet Program. (2) Director Acosta wanted to postpone taking action on the item until further information was provided.

XIV. CENTRAL VALLEY PROJECT TOUR External Affairs Committee Recommendation: For information. XV. WRD 45TH ANNIVERSARY External Affairs Committee Recommendation: Proceed with recognition of

celebration. XVI. LEGISLATIVE REPORT External Affairs Committee Recommendation: For information.


XVII. WRD TAC CHAIR REPORT

XVIII. GENERAL MANAGER’S REPORT

XIX. DISTRICT COUNSEL REPORT

XX. DIRECTORS’ REPORTS XXI. WRD BOARD MEETING DATES

A. October 20, 2004 – 1:30 p.m. – Board of Directors Meeting B. November 3, 2004 – 1:30 p.m. – Board of Directors Meeting C. November 17, 2004 – 1:30 p.m. – Board of Directors Meeting D. December 1, 2004 – 1:30 p.m. – Board of Directors Meeting

XXII. CLOSED SESSION A. Anticipated litigation per Government Code §54956.9 (b), One Case B. Central and West Basin Water Replenishment District v. Charles Adams;

L.A.S.C. Case No. 786,656 C. California Water Service Company, et al. v. City of Compton, et al.,Case

No. 506 806 D. Labor Negotiations per Government Code §54957.6

Negotiator: J. Arnoldo Beltrán Bargaining Group: Management Unit

Discussion: Terms and conditions for Memorandum of Understanding for bargaining group

E. Consideration of appointment, employment, evaluation of performance, or dismissal of public employee per Government Code §54957

Position Title: General Manager

XXIII. ADJOURNMENT

Agenda posted by Abigail C. Andom, Deputy Secretary, October 1, 2004. In compliance with ADA requirements, this document can be made available in alternative formats upon request.

MINUTES OF SEPTEMBER 15, 2004 MEETING OF THE BOARD OF DIRECTORS

WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA

A regular meeting of the Board of Directors of the Water Replenishment District was

held on September 15, 2004 at 1:34 p.m. in the District office at 12621 E. 166th Street,

Cerritos, California. President Willard H. Murray, Jr. called the meeting to order.

Deputy Secretary Abigail C. Andom recorded the minutes.

I. DETERMINATION OF A QUORUM

The President declared a quorum of Directors was present, which in

addition to himself included Directors Pat Acosta, Robert Goldsworthy,

and Norm Ryan. Director Albert Robles was excused. Also participating

in the meeting were General Manager Robb Whitaker, District Counsels

J. Arnoldo Beltrán and Edward Casey, and Chief Financial Officer

Scott Ota.

II. PLEDGE OF ALLEGIANCE Mr. Mike Gutierrez of Southern California Water Company led the Pledge of

Allegiance.

III. INVOCATION Director Ryan gave the Invocation.

IV. PUBLIC COMMENT Mr. Bill Minasian, resident of the City of Downey, stated at the last Board

meeting, the Board had approved attendance of directors and designated staff

members to a conference in New Orleans scheduled for October 2-6, 2004. In

light of the recent hurricanes, he asked if the Board would still consider attending

the New Orleans conference. Director Murray responded the decision to attend

would be made by each individual.

Mr. Minasian also commented that interest rates were low and in his

opinion, the District should proceed with the debt financing process.

Board of Directors Meeting Page 2 of 7 September 15, 2004

Mr. Mike Gutierrez, representing Southern California Water Company

(SCWC), offered the opinion that the facilitated conjunctive use process

had been effective and he expected the process to be completed very

soon. He expressed concern that it had been brought to SCWC’s

attention that Metropolitan Water District (MWD) would be presenting a

proposal on storage. Mr. Gutierrez asked if MWD had presented a

proposal and if so, what was the nature of the proposal.

Director Acosta stated she and Director Goldsworthy, as members of the

ad hoc conjunctive use committee, would be attending an ad hoc meeting

with the members of the ad hoc conjunctive use committees of Central

and West Basin Municipal Water Districts later that day.

Mr. Gutierrez reiterated the facilitated process was the place where

proposals should be discussed and asked if the Board was still committed

to the process.

Director Acosta stated that she appreciated the concerns raised and

assured Mr. Gutierrez that the WRD Board, attorneys, and staff were

committed to the facilitated process.

District Counsel Ed Casey stated there have been no proposals made

outside of the conjunctive use facilitated process. He noted an

Institutional Committee Meeting was scheduled for September 16 and the

next facilitated meeting would take place on September 29.

President Murray assured Mr. Gutierrez that WRD would not usurp the

process. Director Ryan made the same commitment.


V. CONSIDERATION OF RESOLUTION NO. 04-719 – A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA RECOGNIZING NATIONAL HISPANIC HERITAGE MONTH

President Murray read Resolution No. 04-719. Upon a motion duly made

by Director Goldsworthy, seconded by Director Acosta and unanimously

approved, Resolution No. 04-719 was adopted.

RESOLUTION NO. 04-719

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WATER REPLENISHMENT DISTRICT OF SOUTHERN

CALIFORNIA RECOGNIZING NATIONAL HISPANIC HERITAGE MONTH (Reference is hereby made to Resolution No. 04 - 719 in the Draft Resolution file and by this reference is incorporated herein and included a part hereof as though fully set forth at length.)

VI. ADDITIONAL ITEMS TO AGENDA There were no additional items to the agenda.

VII. CONSENT CALENDAR

A. MINUTES OF THE REGULAR MEETING OF SEPTEMBER 1, 2004 B. DEMANDS AND CONTRACTS C. FINANCIAL STATEMENTS FOR THE PERIOD ENDED JULY 31, 2004 D. INVESTMENT REPORT FOR THE PERIOD ENDED JULY 31, 2004 E. CONSIDERATION OF RESOLUTION NO. 04-717 – A JOINT RESOLUTION

OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE CITY COUNCIL OF THE CITY OF CARSON, THE BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; THE BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 8 OF LOS ANGELES COUNTY (COUNTY SANITATION DISTRICT NO. 8), AND THE BOARD OF DIRECTORS OF THE WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION OF PETITION NO. 152-1101 TO COUNTY LIGHTING MAINTENANCE DISTRICT 1697

F. CONSIDERATION OF RESOLUTION NO. 04-718 – A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WATER REPLENISHMENT


DISTRICT OF SOUTHERN CALIFORNIA AMENDING EXHIBIT B TO THE CONFLICT OF INTEREST CODE

Upon a motion duly made by Director Ryan, seconded by Director

Acosta, and unanimously approved, it was

RESOLVED: The Board approved the Consent Calendar of the meeting of September 15, 2004, as submitted.

VIII. DEBT FINANCING UPDATE Chief Financial Officer Scott Ota stated the debt financing process was

nearing completion. Mr. Ota explained that staff had been working on

completing the document preparation stage of the debt financing process

and that the drafting of the Preliminary Official Statement and the Master

Agreement were almost completed. He noted a majority of the documents

would be available for review on Friday, September 17. Mr. Ota stated

the process was on schedule and was expected to be completed no later

than the first week of November.

Mr. Ota also stated it was expected that the Board would approve the

documents at its October 6, 2004 meeting, and it would be necessary to

convene the meeting of the Financing Corporation to approve the

documents.

Mr. Ota introduced the District’s financial advisors, Fieldman, Rolapp and

Associates, represented by Mr. Tom de Mars.

Mr. de Mars reviewed the status of each of the remaining debt financing

activities and noted that staff anticipates going to the rating agencies on

September 16. Mr. de Mars stated he expected the process to close and

proceeds made available the week of October 25, 2004.


Discussion followed on the need for a special board meeting and it was

recommended that the ad hoc bond financing committee meet on either

September 30 or October 1 to review the documents.

Lastly, Mr. de Mars acknowledged the assistance and work of Mr. Ota and

his staff, and the office of the General Manager and Assistant General

Manager.

IX. WRD TAC CHAIR REPORT

None.

X. GENERAL MANAGER’S REPORT

In addition to the written report, General Manager Robb Whitaker also noted that

staff was working with Central and West Basin Municipal Water Districts to host a

joint Proposition 50 workshop to be held at the Municipals’ office on

September 30; staff attended an MWD meeting on September 10 as part of a

series of meetings associated with potential changes to the replenishment rate

policy; and on September 2, the proposal review committee conducted interviews

with the two consultants who submitted proposals to complete the West Coast

Basin Operating Plan Study. Mr. Whitaker stated that recommendations were

reviewed by the Water Resources Committee at its September 13 meeting and

would be presented to the Board on October 6.

XI. DISTRICT COUNSEL REPORT Deferred to closed session.

XII. DIRECTORS’ REPORTS/COMMITTEE REPORTS Director Goldsworthy stated, as previously mentioned by the General Manager,

the Water Resources Committee met and reviewed the recommendations made

by the proposal review committee regarding the consultants to perform the West


Coast Basin Operating Plan Study. He noted that the Groundwater Quality

Committee had not met since the last Board meeting.

Director Acosta stated that, due to time conflicts, she was unable to attend the

last Finance Committee. She noted the External Affairs Committee would be

meeting on September 23 and invited everyone to attend. Director Acosta also

asked staff to finalize the dates for a Board media workshop.

Director Ryan stated the Cerritos City Council, at its September 9 meeting,

presented a proclamation to honor his wife for her efforts in saving a child from

drowning at the Heritage Park pond.

President Murray stated he was pleased with how the debt financing and the

conjunctive use process was moving along. He also reminded everyone of the

Central Basin Municipal Water District Barbecue on September 16 at Clarke

Estates.

XIII. WRD BOARD MEETING DATES A. October 6, 2004 – 1:30 P.M.– WRD Board of Directors Meeting B. October 20, 2004 – 1:30 P.M. – WRD Board of Directors Meeting C. November 3, 2004 – 1:30 P.M. – WRD Board of Directors Meeting D. November 17, 2004 – 1:30 P.M. – WRD Board of Directors Meeting

XIV. CLOSED SESSION

A. Anticipated litigation per Government Code §54956.9 (b): One Case

B. Central and West Basin Water Replenishment District v. Charles Adams; L.A.S.C. Case No. 786,656

C. California Water Service Company, et al. v. City of Compton, et al., Case No. 506 806

D. Labor Negotiations per Government Code §54957.6 Negotiator: J. Arnoldo Beltrán Bargaining Group: Management Unit

Discussion: Terms and conditions for Memorandum of Understanding for bargaining group


E. Consideration of appointment, employment, evaluation of performance, or dismissal of public employee per Government Code §54957

Position Title: General Manager

The Board went into closed session. The Board reconvened in open

session.

For Agenda Item XIV.A, the case was reviewed and no action was taken.

For Agenda Items XIV.B and C, discussion was held, further instructions were

provided, and there was no dissention.

Agenda Item XIV.D was not considered.

For Agenda Item XIV.E, the case was reviewed, consensus was reached by the

four directors participating, and further instructions were provided for the

preparation of the General Manager’s employment agreement.

XV. ADJOURNMENT President Murray asked if there was any further business to come before

the Board and there being none, the meeting was adjourned upon a

motion duly made by Director Goldsworthy and seconded by Director

Ryan at 4:10 p.m.

_____________________________

President

ATTEST:

__________________________

Secretary

SBE Page 1 of 1 Board Meeting, October 6, 2004

MEMORANDUM

ITEM NO. VII

DATE: OCTOBER 6, 2004

TO: BOARD OF DIRECTORS

FROM: ROBB WHITAKER, GENERAL MANAGER

SUBJECT: ADMINISTRATIVE CODE REVISION – PROCUREMENT POLICY ON SMALL BUSINESS ENTERPRISE OUTREACH PROGRAM

SUMMARY At the request of the Board of Directors, Special Legal Counsel reviewed WRD’s Small Business Enterprise Outreach Program and presented a revised program for the Administrative Committee to consider at its September 8 meeting. The Administrative Committee directed Special Legal Counsel to include a self performance provision in the revised program and to present the revised program to the Board for consideration. The self performance wording can be found in Exhibit B, section “g”. Special Legal Counsel Kevin Collins will be at the meeting to answer any questions the Board may have. FISCAL IMPACT Unknown at this time. ADMINISTRATIVE COMMITTEE RECOMMENDATION Approve revisions to the Procurement Policies and Procedures of the Administrative Code as it relates to the Small Business Enterprise Outreach Program as offered in attached Exhibit B.

Prepared by: Tina Graham

Reviewed by:

558605.1

M E M O R A N D U M TO: Board of Directors of the Water Replenishment District of Southern

California FROM: Kevin Collins, Esq.

DATE: September 23, 2004

RE: Small Business Enterprise Outreach Program

OUR FILE NO.: 2347-024

CC: Robb Whitaker, Tina Graham, Ed Casey, Esq.

The Administrative Committee of the Water Replenishment District of

Southern California met on September 8, 2004 to discuss possible revisions to the

District’s Small Business Enterprise (“SBE”) Outreach Program. At the conclusion of its

meeting, the Committee recommended revisions to the SBE program.

For the Board’s convenience, attached as Exhibit A is a copy of the

District’s existing SBE Program. Attached to this Memorandum as Exhibit B is a copy of

the proposed revised SBE Program recommended by the Committee.

The purpose of the revision is to make the District’s SBE Program

consistent with Public Contract Code § 2002, which expressly authorizes local

government agencies like the District to facilitate the award of contracts to small business

enterprises in several ways. A copy of Public Contract Code § 2002 is attached as

Exhibit C for the Board’s reference. A second purpose of the revision is to establish

more of a “bright line” test so as to avoid difficulties evaluating bidders’ compliance with

Memorandum to Board of Directors September 23, 2004 Page 2

558605.1

the Program and associated bid protests which have the effect of delaying and increasing

the cost of the District’s capital projects.

* * * * *

558605.1

Exhibit A

Existing Small Business Enterprise Outreach Program (a) It is the District's policy to encourage and promote broad-based participation in its

contracting activities by all potential participants so as to maximize competition

for District Contracts, to attract the greatest number of qualified bidders and to

stimulate participation by responsible bidders who might otherwise be prevented

from participating in the District's procurement activities.

(b) Bidders for District contracts of $100,000 or more must subcontract at least twenty

(20) percent of the value of the contract in question to Small Business Enterprises

certified as such by the Los Angeles County Metropolitan Transportation

Authority or by the State of California Department of General Services Office of

Small Business Certification and Resources (the "SBE Participation

Requirement"). The SBE Participation Requirement shall be included in District

Contract Solicitations. Bidders will be required to identify in their bids the

subcontractors they proposed to utilize to satisfy the SBE Participation

Requirement. Bids that do not satisfy the SBE Participation Requirement shall be

rejected as non-responsive.

(c) The Board may modify the percentage SBE Participation Requirement for

particular procurements, or exempt particular procurements from the SBE

Participation Requirement, if the Board determines that it would be in the

District's best interest to do so based on the nature of the services, equipment or

materials to be procured or other relevant factors.

558605.1

Exhibit B

Proposed Revised Small Business Enterprise Outreach Program Small Business Enterprise Outreach Program; Self-Performance Requirement

(a) It is the District's policy to encourage and promote broad-based participation in its

contracting activities by all potential participants so as to maximize competition

for District Contracts, to attract the greatest number of qualified bidders and to

stimulate participation by responsible bidders who might otherwise be prevented

from participating in the District's procurement activities. The District’s Small

Business Enterprise Outreach Program is adopted pursuant to Public Contact Code

Section 2002.

(b) For purposes of this section, a Small Business Enterprise (“SBE”) shall mean a

small business enterprise certified as such by any branch of the Federal

Government, the State of California, or by any other Public Entity within the State

of California as defined by California Public Contract Code Section 1100.

(c) Notwithstanding the requirement that the District award Construction Contracts to

the lowest responsive and responsible bidder, the District shall provide a

preference for purposes of evaluating bids for Construction Contracts to bidders

who are SBE’s. The preference shall be in the amount five percent (5%) of the bid

submitted by the otherwise lowest responsive and responsible bidder.

(d) To be eligible for the preference provided by this section, bidders must be certified

as SBE’s at the time their bid is submitted and must include with their bid

documentation by the certifying public entity demonstrating the bidder’s

certification.

558605.1

(e) If a bidder claims SBE status but is later found by the District not to qualify as an

SBE, or fails to include the required documentation with its bid, its bid will not be

rejected and will be evaluated without the SBE preference.

(f) Before advertising for bids, the Board may modify the preference granted by this

section for particular procurements, or exempt particular procurements from the

SBE preference, if the Board determines that it would be in the District's best

interest to do so based on the nature of the services, equipment or materials to be

procured or other relevant factors.

(g) The successful bidder will be required to perform with its own forces work in the

amount of not less than 15% of the contract price unless expressly provided

otherwise in the bid or contract documents for the project in question.

558605.1

Exhibit C

California Public Contract Code Section 2002

PUBLIC CONTRACT CODE DIVISION 2. General Provisions

PART 1. Administrative Provisions CHAPTER 2. Responsive Bidders

§ 2002. Facilitation of contract awards to small businesses by local agency (a) Notwithstanding any other provision of law requiring a local agency to award

contracts to the lowest responsible bidder, any local agency may do any of the following in facilitating contract awards to small businesses:

(1) Provide for a small business preference in construction, the procurement of

goods, or the delivery of services where responsibility and quality are equal. The preference to a small business shall be up to 5 percent of the lowest responsible bidder meeting specifications.

(2) Establish a subcontracting participation goal for small businesses on

contracts and grant a preference, up to a maximum of 5 percent, to those bidders who meet the goal.

(3) Require bidders to make good faith efforts to meet a subcontracting

participation goal for small business contracts. Bidders that fail to meet the goal shall demonstrate that they made good faith efforts to utilize small business contractors.

(b) The term "small business," as used in this section, shall be defined by each local

agency.

Lab Services Agreement Page 1 of 2 Board Meeting, 10/06/04

MEMORANDUM

ITEM NO. VIII




SUBJECT: LABORATORY SERVICES AGREEMENT

SUMMARY The District utilizes laboratory services in analyzing groundwater samples for a number of projects and programs, including the following: • Montebello Forebay – Ongoing use of recycled water for groundwater recharge for

replenishment • Goldsworthy Desalter Project – Treatment of brackish groundwater for supply to City of

Torrance • Harbor Water Recycling Project, Dominguez Gap Project – Partial replacement of

imported water with recycled water at the Dominguez Gap Project seawater barrier • Alamitos Barrier Recycled Water Project, aka Leo J. Vander Lans Water Treatment

Facility (LJV WTF) – Partial replacement of imported water with recycled water at the Alamitos Barrier Project seawater barrier

• Regional Groundwater Monitoring Program – characterization of water quality of individual aquifers throughout the District’s service area

• Water Quality Improvement Projects – special investigations of potential or new contamination and/or methods to mitigate such contamination.

The contract with the District’s current laboratory, MWH Laboratories, will expire on October 31, 2004. A Request for Proposals was issued on August 3, 2004 for issuance of a new contract. The new contract would be for three years again to take advantage of anticipated competitive pricing due to the large volume of anticipated samples over several years. Staff sent the RFP to twelve laboratories, issued an advertisement in a local newspaper and posted the RFP on the District’s website. Five proposals were received on August 23, 2004. The laboratories included the Columbia Analytical, MWH Laboratories, Del Mar Analytical, Truesdail Laboratories, and Weck Laboratories. The District provided an estimate of the number of each type of analyses that would likely be required annually, and each laboratory provided unit costs for each type of analysis. The review committee consisted of District staff members Ted Johnson, Tony Kirk and Hoover Ng, and California Water Service Company’s Water Quality Project Manager Katherine Brohpy. The committee reviewed the proposals, based on the following criteria.

Prepared by: Hoover Ng

Reviewed by: Ted Johnson

Lab Services Agreement Page 2 of 2 Board Meeting, 10/06/04

1. Understanding of the scope of work and services to be provided 2. Cost for services 3. Laboratory Qualifications and Experience 4. Project Qualifications and Experience 5. Final Report of Analysis and Electronic Data Delivery (EDD) compliance

After reviewing and evaluating each proposal based on the aforementioned criteria, each reviewer gave MWH Laboratories the highest score. They were the most experienced in terms of offering all of the requested services, especially knowledge and familiarity of pending regulations for emerging contaminants and new methods of analysis for them. They have very extensive experience with both water and wastewater analysis. Each of the 5 laboratories submitted unit prices for the anticipated volume of annual samples. To compare the costs, the total cost for each test per analyte was calculated and the total cost for all tests was tabulated for each laboratory. The average total annual cost of all five proposals is $743,000. MWH Laboratories was the second lowest estimate at $678,000. The laboratory with the lowest cost did not have extensive experience in performing drinking water analysis nor the depth of knowledge regarding emerging contaminants or new methods of analysis. Staff has also been satisfied with the current performance of MWH laboratories. They have also provided insight in evaluating new methods for analysis, coordinated a workshop on emerging contaminants, and provided assistance in developing new sampling programs. FISCAL IMPACT The MWH Laboratory proposal is $678,000 per year, which has been budgeted over several projects for the 04-05 FY budget. Staff recommends that a 10% contingency be added to account for additional lab services as needed throughout the term of the contract. This would adjust the total to $750,000 annually. GROUNDWATER QUALITY COMMITTEE RECOMMENDATION Enter into an agreement, subject to approval as to form by District Counsel, with MWH Laboratories for analytical laboratory services in an amount not to exceed $750,000 annually for three years.

Award of Contract for West Coast Basin Operating Plan

Page 1 of 2 Board of Directors Meeting, October 6, 2004

MEMORANDUM

ITEM NO. IX




SUBJECT: AWARD OF CONTRACT FOR WEST COAST BASIN OPERATING PLAN

SUMMARY During the review of WRD’s Capital Improvement Program (CIP), it became apparent that an evaluation of the current basin management objectives for the West Coast Basin needed to be completed before a final recommendation could be rendered on CIP projects associated with that basin. After further discussion on the purpose and intent of such an evaluation, staff drafted a request for proposals (RFP) outlining the proposed scope of work. At its May 11th meeting, the Water Resources Committee reviewed the RFP and provided staff with comments. District staff incorporated the comments and distributed the RFP to ten consulting firms on June 24th. A subsequent pre-proposal meeting was held on July 6th to address any questions that the firms may have; this meeting was attended by four of the ten consulting firms. A list of firms is shown below, with those that attended the pre-proposal meeting denoted with an asterisk. 1. Black and Veatch 2. Camp Dresser & McKee* 3. Carollo Engineers* 4. CH2M Hill* 5. Environ 6. GEI Consultants (Bookman-Edmonston)* 7. Kennedy Jenks Consultants 8. Montgomery Watson Harza 9. Stetson Engineers 10. URS Corp. (Dames & Moore) On July 29th, the submittal deadline, the District received proposals from CH2M HILL and Bookman-Edmonston. On August 16th, the proposal review committee, which was composed of the following, met to discuss and rank the two proposals. • Jason Weeks, WRD • Ted Johnson, WRD • Charlene King, WRD • Neil Miller, WRD Technical Advisory Committee • Fernando Paludi, West Basin Municipal Water District

Prepared by: Jason Weeks

Reviewed by: Mario Garcia

Award of Contract for West Coast Basin Operating Plan


At this meeting, it was determined that interviews with the two firms would be necessary and it would be more efficient to divide the project into two phases. The first phase will involve meetings and interviews with basin stakeholders, research and review of existing documents, identification of current basin operating objectives and formulation of alternative basin management scenarios. The second phase will involve a more detailed analysis, including detailed modeling and economic evaluations of those scenarios developed in the first phase that are determined to be feasible. The proposal review committee met with both firms on September 2 to review the modified scope of work, specifically those tasks identified for the first phase. Based on these meetings, the proposal review committee requested that each of the firms provide the District with additional scope of work and budget to include preliminary cost estimates for facilities associated with proposed operational scenarios. This information was received by the District on September 8. The budget estimate for each of the two proposals is shown below. • CH2M HILL $238,534 • Bookman-Edmonston $310,673 Additionally, CH2M HILL’s revised schedule shows that the study will be completed in the first quarter of 2005. Based on this revised scope of work, budget and schedule, it was the unanimous recommendation of the proposal review committee that the contract be awarded to CH2M HILL. This recommendation was brought before the Water Resources Committee at its September 13 meeting wherein it concurred with staff’s recommendation to award the contract to CH2M HILL. Additionally, this item was discussed by the District’s Technical Advisory Committee at its September 22 meeting, wherein it unanimously recommended awarding the contract to CH2M HILL on the condition that some quantification modeling is completed to confirm the feasibility of identified operational scenarios. FISCAL IMPACT The fiscal impact to award the contract and complete Phase 1 of the West Coast Basin Operating Plan Study is $238,534 plus a 10 percent contingency equating to a total expected fiscal impact of approximately $264,000. A portion of this project ($70,000) was budgeted for the current fiscal year with funds carried over from FY 03/04. The remainder ($194,000) will require an appropriation from reserves. WATER RESOURCES COMMITTEE RECOMMENDATION Award a contract, subject to approval as to form by District Counsel, to CH2M HIll in an amount not to exceed $264,000 for the completion of Phase 1 of the West Coast Basin Operating Plan Study and allocate funds for the project from reserves.

Pacific Terminals Temporary Access and License Agreement


MEMORANDUM

ITEM NO. X




SUBJECT: PACIFIC TERMINALS TEMPORARY ACCESS AND LICENSE AGREEMENT

SUMMARY For the past several years, the District has been working with the U.S. Bureau of Reclamation (USBR) on the evaluation of alternative seawater barrier technologies for each of the District’s three seawater barrier systems. One such project under evaluation is the construction of a deep soil mixed wall in the vicinity of the Alamitos Gap. This project was discussed and reviewed extensively throughout the District’s recent Capital Improvement Program development process, including several discussions with the District’s Technical Advisory Committee. As a result of this comprehensive review, a determination was made that the construction of such a physical barrier along the entire alignment of the Alamitos Barrier was not economically feasible. However, it was also recommended that the construction of a pilot project that would demonstrate the effectiveness of such a barrier concept would be beneficial and may yield results that are applicable to the Dominguez Gap or West Coast Basin Barriers. Additionally, funding for this pilot project is available from the USBR, with a 50% match requirement by the District. The studies completed by the District to date are considered in-kind services and therefore are considered as part of the District’s contribution. The selected location for the pilot project is on property owned by Pacific Terminals, LLC, located at the northeast corner of the intersection of Studebaker and Second Street in the City of Long Beach. On July 25, 2004, the USBR issued a request for proposals for an engineering contractor to design, install, and evaluate the hydraulic effectiveness of an enclosed 120 linear foot test section of subsurface physical barrier utilizing the deep soil mixing technology (the “Pilot Project”). Both the USBR and WRD wish to obtain a temporary license from Pacific Terminals to access the Property for purposes of allowing USBR’s contractor to carry out the Pilot Project and for WRD to observe the work. Pacific Terminals is willing to grant USBR and WRD a temporary license to access the Property for said purposes, subject to each of the terms and conditions of the agreement.

Prepared by: Jason Weeks

Reviewed by: Mario Garcia

Pacific Terminals Temporary Access and License Agreement


District Counsel has worked closely with both parties on the development of the agreement and is satisfied with the language. The other two parties are expected to sign the agreement prior to October 6, 2004. FISCAL IMPACT None. STAFF RECOMMENDATION Due to timing constraints, this item was not reviewed by a WRD committee. Staff requests that the agreement be approved by the Board to expedite the start of the Pilot Project.

NAACP Dinner Page 1 of 1 Board Meeting October 6, 2004

MEMORANDUM

ITEM NO. XI




SUBJECT: NAACP DINNER

SUMMARY The 25th Freedom Fund Banquet and Awards Presentation of the Long Beach Branch of the NAACP, the National Association for the Advancement of Colored People is scheduled for Friday, October 15 at the Hilton in Long Beach, 701 W. Ocean Blvd., Long Beach, CA 90831. Reception is at 6 p.m. and the Program and Dinner start at 7:30 p.m. sharp. The honorees include Supervisor Don Knabe who will receive the Humanitarian Award and Judge Marcus O. and Mrs. Indira Hale Tucker who will receive the Lifetime Achievement Award. This will reach a wide range of community leaders with a positive message of support. It enhances WRD’s outreach efforts. A Freedom Fund sponsorship costs $1,000 and includes a table of ten and a ¼ page advertisement in the souvenir booklet as well as special recognition in the booklet. The booklet is distributed to the 500 attendees and to the business community in Long Beach. FISCAL IMPACT The fiscal impact to sponsor a table is $1,000. The item was not budgeted and will require an appropriation from reserves. EXTERNAL AFFAIRS COMMITTEE RECOMMENDATION Approve participation in the Long Beach NAACP Freedom Fund Banquet and Awards Presentation on October 15, 2004 by sponsoring a table for ten in the amount of $1,000 and approve the allocation of funds from reserves.

Prepared by: Evelyn Fierro

Reviewed by:

Conservation Program Page 1 Board Meeting, 10/6/04

MEMORANDUM

ITEM NO. XII




SUBJECT: CONSERVATION PROGRAM

SUMMARY Staff was directed to research the feasibility of distributing low flow showerheads. Accordingly, the External Affairs Committee was presented with a variety conservation related items at the 9/23 Committee meeting. Items provided to the Committee for consideration included kitchen aerators, a toilet tank displacement bag, garden hose nozzles, as well as showerheads. The Committee directed staff to present all four items at the next full Board meeting. FISCAL IMPACT The costs of the referenced items range from the following:

o Showerheads - $2.50 to $3.20 o Garden hose nozzles - $2.05 to $2.95 o Kitchen aerators - $1.25 to $2 o Toilet tank displacement bags - $0.41 to $1

Funds to purchase promotional items have been allocated in the FY04-05 External Affairs budget. EXTERNAL AFFAIRS COMMITTEE RECOMMENDATION Approve the purchase of garden hose nozzles as WRD conservation items.

Prepared by: Adeline M.L. Yoong

Reviewed by: Evelyn Fierro

Ultra-Low Flush Toilet (ULFT) Distribution Program

Page 1 WRD Board, 10/06//04

MEMORANDUM

ITEM NO. XIII




SUBJECT: ULTRA-LOW FLUSH TOILET (ULFT) DISTRIBUTION PROGRAM

SUMMARY The Central/West Basin Municipal Water Districts have jointly submitted a letter requesting the participation of the WRD as a financial partner in their Ultra-Low-Flush (ULF) Toilet Program for FY04-05. Specifically, the two Districts are requesting that the WRD contribute up to $150,000 towards the conservation program which will increase the quantity of ULF toilets from 500 to 750 toilets at each of the 10 distribution events. MWD currently provides funding of $60 per toilet. The balance of the funding is made up by the individual Municipal Water Districts ($58 by Central Basin MWD and $60 by West Basin MWD.) The Oldtimers Foundation administers the ULFT Programs for Central Basin MWD and is paid $118 per toilet distributed. ExPERT administers the program for West Basin MWD and is paid $120 per toilet distributed. The $118 and $120 paid to the 2 contractors is comprised of the cost of the toilet at $60, as well as the $15 paid to volunteer groups for each returned toilet. The balance of $43 and $45 is used by the contractors to pay for labor, administration, recycling bins, food, supplies, etc. (See attachment for funding source and cost breakdown of the ULF toilet program as provided by the Central and West Basin Municipal Water Districts.) The WRD participated in this program in FY01-02 as a financial partner by contributing $96,250 towards this program. During that period, the WRD participated in several toilet distributions, including programs in South Gate, El Segundo, Norwalk, Inglewood, Lakewood and at Garfield High School in East Los Angeles, where a health fair was held in conjunction with the ULF toilet distribution. A WRD staffmember attended the events and gave away promotional items to the public. The WRD did not continue its participation as a financial partner the following year and thereafter. These distribution events give the WRD opportunities to meet local residents and receive favorable exposure. Contribution by the WRD towards this program will allow for the distribution of additional ULFTs and increased conservation of water in the area.



Ultra-Low Flush Toilet (ULFT) Distribution Program

Page 2 WRD Board, 10/06//04

The External Affairs Committee reviewed this item at its 9/23/04 meeting. FISCAL IMPACT Expenses will include the purchase of additional promotional items and WRD brochures which would be a minimum of $26,000, as well as the financial contribution of up to $150,000 as a financial partner. Funds for this program have not been allocated in the FY04-05 External Affairs budget. EXTERNAL AFFAIRS COMMITTEE RECOMMENDATION 1. Director Murray made a motion that the Committee recommend participating and

contributing up to $150,000 to the Central & West Basin Municipal Water Districts’ Ultra-Low Flush Toilet Program.

2. Director Acosta wanted to postpone taking action on the item until further information was provided.

Central Basin Municipal Water District

Funding Sources:MWD Portion of Funding per Toilet 60.00$ x 500 toilets per event = 30,000.00$ Central Basin MWD Cost: 58.00$ x 500 toilets per event = 29,000.00$

118.00$ 59,000.00$

WRD's Requested Funding Portion: $58 x 250 toilets per event = 14,500.00$ x 5 events in Central Basin = 72,500.00$ (The $60 includes the cost of the toilet, program, advertising, etc.)

In addition to the contractor cost, Central Basin also budgets for showerheads, advertising, etc.

Contractor: Oldtimers FoundationCost per Toilet Paid to Contractor: 118.00$

Cost of Toilet (est.) 60.00$ Volunteer Group 15.00$

43.00$ Contractor also pays for labor, administration, recycling bins, food, supplies, etc.

West Basin Municipal Water District

Funding Sources:MWD Portion of Funding per Toilet 60.00$ x 500 toilets per event = 30,000.00$ West Basin MWD Cost: 60.00$ x 500 toilets per event = 30,000.00$

120.00$ 60,000.00$

WRD's Requested Funding Portion: $60 x 250 toilets per event = 15,000.00$ x 5 events in West Basin = 75,000.00$ (The $58 includes the cost of the toilet, program, advertising, etc.)

In addition to the contractor cost, West Basin also budgets for showerheads, advertising, etc.

Contractor: ExPERT, Inc.Cost per Toilet Paid to Contractor: 120.00$

Cost of Toilet (est.) 60.00$ Volunteer Group 15.00$

45.00$ Contractor also pays for labor, administration, recycling bins,food, supplies, etc.

Total Requested from WRD: 147,500.00$

Central Valley Project Tour Page 1 WRD Board, 10/06//04

MEMORANDUM

ITEM NO. XIV

DATE: SEPTEMBER 23, 2004



SUBJECT: CENTRAL VALLEY PROJECT TOUR

SUMMARY Staff was directed to organize a tour of the Central Valley Project (CVP.) The CVP is a long-term federal plan for the use of the water of the Sacramento River basin in the north for the benefit of the San Francisco Bay Area, the farmlands of the San Joaquin Valley, and other metropolitan areas in the south. The project was undertaken by the U.S. Bureau of Reclamation in 1935.

The CVP's concerns are flood control; improvement of navigation on Central Valley rivers; the development of hydroelectric power, irrigation, and municipal and industrial water supply; protection of the Sacramento-San Joaquin River Delta from seawater encroachment; and the protection and enhancement of fish and wildlife. The Project plans encompassed thirty-five counties in an area about 500 miles long and 60 to 100 miles wide, making it the largest Reclamation project. The CVP contained some of the country's largest dams, Shasta and San Luis among them. Reclamation intended Auburn Dam, on the American River, to be the largest on the Central Valley Project, but political turmoil left the dam incomplete and in limbo. Reclamation staff recommends 3 days for a tour for a comprehensive overview of the CVP, but is able to also coordinate a 2-day tour. (See attachment for draft itinerary.) The Bureau has indicated its availability to conduct a tour during the 2nd and 3rd week of November. FISCAL IMPACT The estimated costs of a 2-day tour and a 3-day tour are $600 and $850 person, respectively. The cost for the bus and driver is $1815 for 2 days or $1860 for 3 days. Funds for this tour were not budgeted for FY04-05. EXTERNAL AFFAIRS COMMITTEE RECOMMENDATION For information.



DRAFT CENTRAL VALLEY PROJECT TOUR ITINERARY

Day 1 (2-day tour) Day 1 (3-day tour) Pick-up at Fresno Airport Pick-up at Fresno Airport Friant Dam/Millerton Lake Friant Dam/Millerton Lake Gianelli Pumping Plant Gianelli Pumping Plant Delta-Mendota Canal Delta-Mendota Canal California Aqueduct California Aqueduct Tracy Fish Facility Tracy Fish Facility Folsom Folsom Day 2 (2-day tour) Day 2 (3-day tour) Depart from Folsom Depart from Folsom Folsom Dam Folsom Dam Shasta Dam Nimbus Dam Sacramento Airport Shasta Dam Redding

Day 3 (3-day tour)

Depart from Redding Whiskeytown Sacramento Airport

WRD 45TH Anniversary Page 1 of 1 Board Meeting, 10/6/04

MEMORANDUM

ITEM NO. XV




SUBJECT: UPDATE: WRD 45TH ANNIVERSARY - NOVEMBER 17

SUMMARY November 17, 2004 is just 6 weeks away. This marks the 45th Anniversary of the WRD. On that day in 1959, the election results were certified approving a new entity responsible for the management of the groundwater basins. The following plans are underway:

• November 17th Board meeting and buffet reception to be held at the Reef Event Center in Long Beach. It’s next to the Queen Mary overlooking the harbor.

• Announce Board meetings to be held in each of the districts. Site selections to be

determined.

• Press announcement regarding the upcoming Anniversary

• November Anniversary Issue of the Newsletter

• Unveiling a newly designed website- noting “45 years” of service.

• Special Promotional item – Water glass “Celebrating 45 years of Service” FISCAL IMPACT Approximately $ 4,500 for the meeting and buffet. Funds are not budgeted. Approximately $600.00 for glassware. Funds are budgeted. EXTERNAL AFFAIRS COMMITTEE RECOMMENDATION Proceed with recognition of celebration.

Prepared by: Evelyn Fierro

Reviewed by:

Legislative Report Page 1 Board Meeting, 10/6/04

MEMORANDUM

ITEM NO. XVI




SUBJECT: LEGISLATIVE REPORT

SUMMARY Legislative Calendar State Legislature September 30 – Last day for Governor to sign or veto bills passed by the Legislature. November 30 – Legislature adjourns. December 6 – 2005-06 Regular Session convenes for organizational session. Congress September 7 – Congress reconvenes. October 1 – Target date for Congressional adjournment. Update A verbal update on federal and state matters will be provided. FISCAL IMPACT None. EXTERNAL AFFAIRS COMMITTEE RECOMMENDATION For information.


Reviewed by:

WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA STATE LEGISLATIVE UPDATE

Updated September 30, 2004 (new information is italicized)

Bill No./ Author

Title/Content Status Position Comments

AB 83 Corbett

Bottled water. Transfers regulations and licensure of bottled water from the Sherman Food, Drug and Cosmetic Law to the California Safe Drinking Water Law. Requires bottled water licensees to comply with provisions similar to those imposed on public water systems regarding emergency notification plans, consumer confidence reports, and annual inspections. Also requires the labeling on bottled water sold at retail or wholesale in a plastic beverage container to include specified information. Creates the Safe Bottled and Vended Water Account.

Int. 01/06/103 Location: Sen Approp Status: Inactive

Staff Rec: Support ACWA: Favor CMUA: Support WRD Board: Support (04/02/03)

Supported by NRDC, East Bay MUD, and Clean Water Action. Would require bottled water companies, like Coca Cola and Pepsi who market their own branded water, to comply with more stringent requirements listed in Consumer Confidence Reports.

AB 1522 Parra

Water rights: permits. Expands the authority of the Regional Water Quality Control Board’s executive officers to include the ability to issue National Pollutant Discharge Elimination Systems (NPDES) permits without regional board action, and makes technical corrections to and deletes obsolete provisions of the Water Code.

Int. 02/21/03 Location: Sen. Ag & Water Resources Status: Inactive

Staff Rec: Oppose ACWA: Oppose

ACWA’s Comments: Existing law provides that state laws that address the loss of water rights by nonuse, abandonment, prescription, and lack of diligence shall not apply to water rights appurtenant to, or for use on, any trust land under certain conditions. This bill would delete all of the above provisions. Allows a regional water quality control board’s executive officer to issue, without a specific board action, National Pollutant Discharge Elimination System (NPDES) permits and make several technical and corrective changes to statutes governing water rights and waste discharge violations.

AB 1647 Horton

Public water systems: mutual water companies: grant funds. Allows investor-owned utilities eligibility for grant funding of state bonds.

Int. 02/21/04 Location: Senate Energy, Utilities & Communications Status: Hearing in August

ACWA: Oppose WRD Board: Board voted to send a letter to the Governor supporting the proposal to allow private water companies access

Assemblymember Horton “gutted and amended” AB 1647, formerly relating to livestock stockponds, to include language expanding state funding eligibility to investor-owned utilities. The language is the same as that contained in SB 909 (Machado) which has been held in the Assembly Water,

to Proposition 50 bond funds (05/03/04)

Parks, and Wildlife Committee at Senator Machado’s request

AB 1829 Liu

Public contracts: services: domestic workers. Bill essentially bans offshoring public contracts by prohibiting state agencies and local governments from using state funds to contract for services unless the contractor or subcontractor certifies under penalty of perjury that any work done under the contract will be performed solely by workers within the United States.

Int. 01/20/04 Location: Enrolled and to the Governor (09/13/04)

Staff Rec: Watch ACWA: Oppose

The author is carrying this bill on behalf of the California Labor Federation and other labor groups. The intent of the bill is to combat the outsourcing of U.S. jobs to foreign countries. There is a concern with this bill among water districts that the bill would also prevent the purchase of products (with state funds) that are manufactured and designed outside of the U.S.

AB 2528 Lowenthal

Public water systems. This bill would replace the term “action level” with the terms “notification level” and “response level.” It would also require the operator of wholesale or retail public water systems, as defined, to provide notice relating to contamination of any drinking water source, as defined, that exceeds the maximum containment level, a response level, or a notification level, as defined.

Int. 02/20/04 Location: Chaptered (9/22/04)

Staff Rec: Support if Amended ACWA: Favor WRD Board: Support if Amended (05/03/04). The bill was amended to address the WRD’s concerns. A letter of support was forwarded to the author.

ACWA favors the bill if amended. The author has taken 4 out of 5 ACWA amendments.

AB 2603 Calderon

Urban water management plans. Makes technical, nonsubstantive change requiring urban water supplier to prepare and adopt an urban water management plan.

Int. 02/20/04 Status: Inactive

Staff Rec: Watch ACWA: Watch

According to ACWA, there is no sponsor for this bill. Staff will closely monitor this bill given the subject matter.

AB 2605 Calderon

Water storage districts. Makes technical, nonsubstantive change authorizing the board of a California Water Storage District to acquire property.

Int. 02/20/04 Status: Inactive

Staff Rec: Watch ACWA: Watch

According to ACWA, there is no sponsor for this bill. Staff will closely monitor this bill given the subject matter.

SB 117 Machado

Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002. Modifies the implementation guidelines of Prop. 50 to exclude reference to provisions relating to the use of a matching fun requirement, the use of existing guidelines, and the provision of technical assistance. Requires the responsible agencies, to the maximum extent feasible, to provide outreach to disadvantaged communities to promote access to relevant grant application and award information.


Staff Rec: Watch ACWA: Watch CMUA: Watch

SB 318 Urban water suppliers: desalinated water. Requires a Int. 02/19/03 Staff Rec: Watch Under current law, every urban

Alpert plan to describe the opportunities for development of desalinated water, including but not limited to ocean water, brackish water, and groundwater, as a long-term supply.

Location: Chaptered (09/23/04)

ACWA: Watch CMUA: Watch

water supplier must prepare and adopt an urban water management plan and update that plan at least once every 5 years. This bill would add desalination as a required element of the plan. Opponents argue that desalination should not be added until the Desalination Task Force submits its recommendations due by 7/1/04.

SB 543 Machado

Water rights: groundwater cleanup operations. With certain exceptions, this bill prohibits the water produced from a groundwater cleanup operation from being used by the operator of a groundwater cleanup operation or from being transferred, assigned, or conveyed to a third party for use, until a replacement water supply has been provided to every public water system injured by the contamination. Provides that no right shall vest in the operator of a groundwater cleanup operation solely by virtue of its extraction, treatment, and discharge of water from that operation. Exempts discharges from groundwater cleanup operation that is under 25 acre-feet in the counties of Riverside, San Bernardino, Los Angeles, and Ventura or under 50 gallons per minute in an other county, if the discharge is not for recharge.

Int. 02/21/03 Location: Asm Environmental Safety and Toxic Materials Status: Inactive

Staff Rec: Watch ACWA: Support

SB 909 Machado

Public water systems: mutual water companies. Allows grants of state bond funds to be made to public water utilities and mutual water companies.

Int. 02/21/03 Location: Asm Water, Parks & Wildlife Status: Hearing cancelled at author’s request (07/01/03)

Staff Rec: Oppose ACWA: Oppose

This bill probably will not be taken up. However, similar language has been amended into Assemblymember Jerome Horton’s bill AB 1647 which is now in the Senate Energy Utilities and Communications Committee.

SB 922 Soto

Perchlorate: information. Makes a technical correction to the provision that defines “perchlorate storage facility” and revises the definition of the term “perchlorate” to mean all perchlorate-containing compunds including ammonium, potassium, magnesium, and sodium perchlorate but not perchlorate or perchlorate compounds located in unused military munitions and stored on or after January 1, 2004.


Staff Rec: Watch CMUA: Support

ACWA Comments: This amended bill is cleanup language for SB 1004, authored by Senator Soto and signed by Governor Gray Davis in September 2003. SB 1004 essentially charges a fee to those persons that have or currently store perchlorate to support information collection and dissemination. The author’s office indicated SB 922 was amended to correct a numeric typographical error and clarify a section of SB 1004 that could have been

interpreted to require the disclosure and cleanup of currently stored weapons containing perchlorate. ACWA maintained a support position on SB 1004.

SB 1165 Local Govt.

Local Government Omnibus Act of 2004. This bill contains provisions applying to a variety of non-controversial local governance issues.

Int. 02/02/04 Status: Chaptered and signed into law (07/07/04)

Staff Rec: Support ACWA: Support

This is an annual bill that allows the Committee to address several non-controversial measures at one time. Specifically, this bill contains a provision authorizing the general manager or other district representative of water replenishment districts to sign contracts and documents valued between $10,000 and $25,000 if approved by the board and upon resolution granting signature authority for a specific expenditure. It also allows the replenishment district’s general manager or other district representative to approve and sign all contracts and documents valued at less than $10,000, and not more than $10,000 on a cumulative basis in a one-year period.

SB 1251 Morrow

Diamond Valley Reservoir: recreational use. Allows recreational use activity in Diamond Valley Reservoir and establishes standards including water treatment, monitoring, and reporting requirements.

Int. 02/12/04 Location: Sen Environmental Quality Status: Inactive


SB 1272 Ortiz

Special districts. This bill would require annual audits of special districts to be performed in accordance with General Accounting Office standards for financial and compliance audits and would impose various other requirements on these audits. The bill would require the Controller to review the audits under specified procedures. This bill also criminalizes violations of conflicts of interest and incompatible activities provisions by making them a misdemeanor. It requires annual legal and ethical orientation sessions that governing board members would be required to attend. It establishes whistle-blower protections and limits director compensations to $100 per day for no more than 6 meetings or days per month for small districts and no more than 10 meetings or days per month for large districts. It sets the

Int. 02/18/04 Location: Sen Approp Status: Inactive

Staff Rec: Support if Amended ACWA: Support if Amended WRD Board: Oppose (05/03/04); opposition letter forwarded on 05/06/04

This is the special district reform legislation. This bill failed to pass the Senate committee on Appropriations. The Senator has made it very clear that this is not the last of this type of language in a bill. She has vowed to bring this back next session. ACWA is seeking an author to sponsor a version of this bill at the next session.

travel and per diem expenses to that authorized for state employees and restricts retirement benefits to directors who take office on or after January 1, 2005. These directors are allowed to participate in life insurance and health and welfare benefits on a self-pay basis.

SB 1374 Machado

Water transfers: third-party impacts. This bill would require that the State Water Resources Control Board also consider third-party impacts in its consideration of a water transfer petition. With regard to that determination, and subject to a certain exception, the bill would prohibit the board from approving the petition unless it finds that the petitioners have met prescribed conditions relating to potential third-party impacts. The bill would require the board to accept and consider evidence that the proposed transfer neither avoids nor mitigates all likely significant negative third-party impacts. The bill would authorize the board to develop and adopt an abbreviated process to approve long-term transfers that it determines are least likely to negatively affect third parties.

Int. 02/13/04 Location: Assembly Water, Parks & Wildlife (06/01/04) Status: Held in committee without recommendation (author could not get a second to a motion to bring the bill to a vote.)


The bill takes the California Environmental Quality Act (CEQA) model for identifying, evaluating and mitigation potential significant effects on the environment and would apply it to the analysis of the potential third-party impacts that could result from a long-term water transfer. ACWA believes that the bill potentially opens a Pandora’s box by creating a new litigation tool to be used against water transfers.

SB 1479 Sher

California regional water quality control boards: membership. This bill would reduce the membership of a regional board to from 9 to 5 by combining the representations of irrigated agriculture and industrial water use into one seat and eliminating the requirement for 3 persons not specifically associated with prescribed categories.

Int. 02/19/04 Status: Returned by Governor at request of Senate. Held at desk (08/26/04)

Staff Rec: Watch ACWA: Favor

Combining the representations of irrigated agriculture and industrial water use into one seat on the board could decrease the representation from the water industry. No direct impact on WRD.

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