BILL ANALYSIS Ó
AB 951
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Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
AB 951
(Wilk) - As Amended March 26, 2015
SUBJECT: Local agencies.
SUMMARY: Requires all regular and special meetings of the Santa
Clarita Valley Sanitation District to be held in Santa Clarita.
Specifically, this bill:
1)Requires all regular and special meetings of the Santa Clarita
Valley Sanitation District (SCVSD) to be held in Santa
Clarita.
2)Finds and declares that a special law is necessary and that a
general law cannot be made applicable within the meaning of
Section 16 of Article IV of the California Constitution
because of the need to hold meetings of the SCVSD in a
location in Santa Clarita instead
of at the principal office of the district, which is over fifty
miles away.
3)Finds and declares that Section 1 of this bill furthers,
within the meaning of paragraph (7)
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of subdivision (b) of Section 3 of Article I of the California
Constitution, the purposes of that constitutional section as
it relates to the right of public access to the meetings of
local public bodies or the writings of local public officials
and local agencies, and declares, pursuant to paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution, that the Legislature makes the following
findings:
Because of the need to hold meetings of the SCVSD in a
location in Santa Clarita instead of at the principal office
of the district, which is over fifty miles away, this bill
would further the purpose of Section 3 of Article I of the
California Constitution.
4)Provides that no reimbursement is required by this bill
because the only costs that may be incurred by a local agency
or school district under this bill would result from a
legislative mandate that is within the scope of paragraph (7)
of subdivision (b) of Section 3 of Article I of the California
Constitution.
EXISTING LAW:
1)Requires, pursuant to the Ralph M. Brown Act (Brown Act), that
regular and special meetings of a legislative body must be
held within the boundaries of the territory over which the
local agency exercises jurisdiction, except that the local
agency may meet at its principal office if that office is
located outside the territory over which the agency exercises
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jurisdiction.
2)Provides, pursuant to the County Sanitation District Act (CSD
Act), for the formation, consolidation, officers, and powers
of county sanitation districts (CSDs), which must comply with
the Brown Act.
3)Requires, pursuant to Proposition 42 as passed by voters on
June 3, 2014, that all local governments comply with the
California Public Records Act and the Brown Act and with any
subsequent changes to those Acts. Proposition 42 also
eliminated reimbursement to local agencies for costs of
complying with these acts.
FISCAL EFFECT: This bill is keyed fiscal.
COMMENTS:
1)Bill Summary. This bill requires all regular and special
meetings of the SCVSD to be held in Santa Clarita. By placing
this requirement in the Brown Act (rather than the County
Sanitation District Act), this bill falls under the
requirements of Proposition 42 that eliminated reimbursement
to local agencies for the costs of complying with the Brown
Act. This bill is sponsored by the author.
2)Author's Statement. According to the author, "Santa Clarita
Valley (SCV) has been locked in a 15-year battle with the Los
Angeles Regional Water Quality Control Board (LARWQCB) to
reduce the level of chloride that can be discharged into the
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Santa Clara River. The LARWQCB arbitrarily set a limit of 100
PPM of chloride, claiming any amount higher than that level
harms the crops of Ventura County farmers - a finding yet to
be supported by science.
"In any event, the Santa Clarita Valley Sanitation District
Board (SCVSD) charged with the responsibility to come up with
a plan to comply with the proposed limit, chose and sited a
plan to reduce the chloride level by drilling and storing
brine underground below the communities of Westridge and
Stevenson Ranch. It was then discovered that neither the
community nor its leaders had much information about the
proposed location and that those decisions made by SCVSD in
regard to this issue had been made, more than likely, 50 miles
from SCV in Whittier where the SCVSD Board regularly meets.
While an occasional local meeting was scheduled and announced,
on the chloride issue, meetings took place outside the view of
SCV residents and ratepayers. Naturally, the distance
discourages public comment from the effected residents and
their ability to be informed of all the facts and in this case
specifically, the Westridge and Stevenson Ranch portions of
SCV were left in the dark about a decision that would have a
major impact not only on their water rates, but as to the deep
well brine injection, their property values, earthquake
insurance, and quiet enjoyment of their properties.
"Assembly Bill 951 would require the SCVSD, when any issue is
to be discussed or decided upon that effects its residents and
ratepayers, to hold their Board meetings within the boundaries
of that district. To do otherwise and continue to hold any of
those meetings in Whittier makes public testimony and access
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to information a burden for residents living in the SCV. Had
this measure already been law, residents and ratepayers would
have had constructive knowledge of the proposal and the
ability to comment on its efficacy, saving both the residents
and the SCVSD valuable time and money."
3)Background. The SCVSD is one of 24 independent special
districts that make up the Sanitation Districts of Los Angeles
County (Sanitation Districts), a public agency created under
state law to manage wastewater and solid waste on a regional
scale. Its member agencies combined serve about 5.5 million
people in Los Angeles County. The service area covers
approximately 824 square miles and encompasses 78 cities and
unincorporated territory within the county.
The Sanitation Districts treat about half the wastewater in
Los Angeles County with
11 wastewater treatment plants, 48 active pumping plants, and
approximately 1,400 miles
of sewers.
Created in 1923, the Sanitation Districts' purpose was to
construct, operate, and maintain facilities that collect,
treat, recycle, and dispose of domestic and industrial
wastewater. Individual districts operate and maintain
collection systems that are owned by the Sanitation Districts.
Cities and unincorporated areas within the Sanitation
Districts' service area are responsible for their smaller
local collection systems.
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To maximize efficiency and reduce costs, the 24 Sanitation
Districts work cooperatively under a Joint Administration
Agreement with one administrative staff headquartered near the
City of Whittier. Each individual Sanitation District has a
Board of Directors consisting of the mayor of each city and
the Chair of the Board of Supervisors for unincorporated
territory. Each Sanitation District pays its proportionate
share of joint administrative costs.
4)Santa Clarita Valley Sanitation District. The SCVSD is a
local agency that collects wastewater from Santa Clarita
Valley's homes and businesses. The wastewater travels through
sewer pipes to two sewage treatment plants, the Saugus and
Valencia Water Reclamation Plants (WRPs), where it is cleaned
and disinfected to produce high quality recycled water. The
recycled water is returned to the environment through the
Santa Clara River or provided to local water agencies for
irrigating landscape. Property owners pay for their sewer
services, including operating the sewage treatment plants,
through a sewer service charge.
The SCVSD was originally formed as Sanitation District Nos. 26
and 32. Sanitation District No. 26 was formed on January 2,
1961, to serve the unincorporated areas of Saugus, Canyon
Country, and Sand Canyon. Sanitation District No. 32 was
formed on March 23, 1965, to serve the Valencia, Newhall and
Castaic areas west of Saugus. In November of 2003, Sanitation
Districts Nos. 26 and 32 began a process to consolidate into a
single district. LA County LAFCO approved the consolidation
in March 2004, and it took effect July 1, 2005. At this time
the district was renamed SCVSD.
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The SCVSD is regulated by the United States Environmental
Protection Agency through a delegated authority to the State
Water Resources Control Board, assisted by the Los Angeles
Regional Water Quality Control Board (Regional Water Board).
Both the Saugus and Valencia WRPs discharge their recycled
water to the Santa Clara River, which is designated as a water
of the United States. Accordingly, each plant must have a
National Pollution Discharge Elimination System permit issued
by the Regional Water Board. This permit designates a number
of requirements that must be met before the recycled water can
be discharged. Failure to comply with the terms of the permit
can result in significant state and federal fines.
5)State-Mandated Chloride (Salt) Limit. The state is requiring
the Valley to reduce the chloride levels in the treated
wastewater discharged to the Santa Clara River and has set
strict deadlines that the Valley must meet. Salt levels in
the Valley's treated sewage are above the state-mandated
chloride limit. For more than 10 years, the SCVSD challenged
the state's chloride limit and deadlines. However, the state
rejected all of SCVSD's challenges and subsequently fined the
Santa Clarita Valley $225,000 for failing to comply with the
state-mandated chloride limit. This fine was paid by
ratepayers.
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SCVSD began to prepare a Chloride Compliance Facilities Plan
and Environmental Impact Report (EIR) to evaluate possible
alternatives for complying with the state's mandate.
According to the SCVSD, this process "included extensive
public outreach involving homeowner organizations,
neighborhood councils, the business community, and other
stakeholder groups who offered invaluable input on different
alternatives and financial impacts. Based on this input and
following a lengthy public hearing, a project involving
ultraviolet (UV) disinfection, microfiltration/reverse osmosis
(MF/RO), and brine disposal by deep well injection was
selected as the least expensive alternative that would comply
with the State's strict chloride mandate."
The portion of the compliance project that involves brine
(salty water) disposal by deep well injection into very salty,
unusable water 1-2 miles below the ground is not considered
fracking. Brine is a normal by-product of the MF/RO
treatment.
According to the SCVSD, "On April 24, 2013, the (SCVSD)
released the proposed plans for public review and comment, and
provided many opportunities for public input. The extended
90-day public comment period closed on July 24, 2013. A
revised plan, including responses to all public input and
recommendations, was released on October 10, 2013." The SCVSD
Board of Directors unanimously agreed to certify the Final EIR
and approve the Final Chloride Compliance Facilities Plan on
October 28, 2013.
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Also according to the SCVSD, "The SCVSD conducted a local
planning process that encouraged community input. Four
information meetings were held to provide an opportunity to
learn more about the process and discuss the process with
(SCVSD) staff. Over 25 presentations were given to local
groups and organizations to discuss the alternatives and
gather input. Four public hearings were held to receive
official public comment, (and SCVSD) staff also responded to
numerous phone calls, e-mails and requests for information.
These and other public outreach efforts led to the submission
of 492 different comments from 114 separate individuals,
community organizations, and government agencies."
Despite these efforts, the proposed deep well injection site
at the Tournament Players Club in Stevenson Ranch and
Westridge engendered fierce opposition from those communities.
SCVSD's Board subsequently voted to reject that site and seek
an alternative location.
6)Meeting Locations of the SCVSD Board. Traditionally, the
Sanitation Districts' boards meet in Whittier at the Joint
Administration Office. The meetings are grouped on different
days of the month, so some, though not all, of the boards
usually meet together. The joint board meetings are an
efficient and cost effective way to conduct business because
many of the directors serve on multiple boards. This is
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because most of the district boundaries were set up to reflect
drainage boundaries rather than political boundaries. (Again,
there are a few exceptions where an entire city is in the
boundary of one district and the whole city council serves as
that district's board.)
The Board of SCVSD is composed of the Mayor, a City Council
Member, and the Chair of the Board of Supervisors. One reason
that the Board meets in Whittier for routine matters is that
the Chair of the Board of Supervisors also sits on five other
CSD boards that meet on the same day, so it is very efficient
for him to attend all six board meetings. If there is a need
for a board meeting to be held in a different, more distant
location (e.g. Santa Clarita), it can be challenging for the
Supervisor to attend.
That said, it has been the SCVSD Board's practice to hold
board meetings in Whittier on the 2nd Wednesday of each month,
and to hold special board meetings and public hearings in
Santa Clarita on matters of community interest, such as the
Chloride Total Maximum Daily Load (TMDL), the Chloride
Compliance Project and rate-setting. The Board meetings held
in Whittier typically include routine matters such as
materials and equipment purchasing, routine actions for
construction related to operations, and annexations.
7)Proposition 42. Proposition 42 was passed by voters on June
3, 2014, and requires all local governments to comply with the
California Public Records Act and the Brown Act and with any
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subsequent changes to those Acts. Proposition 42 also
eliminated reimbursement to local agencies for costs of
complying with the California Public Records Act and the Brown
Act.
This bill contains language that says that the Legislature
finds and declares that Section 1 of the bill furthers the
purposes of the California Constitution as it relates to the
right of public access to the meetings of local public bodies
or the writings of local public officials and local agencies.
The bill also includes a finding that states, "Because of the
need to hold meetings of the SCVSD in a location in Santa
Clarita instead of at the principal office of the district,
which is over fifty miles away, this bill would further the
purpose of Section 3 of Article I of the California
Constitution.
This bill also specifies that no reimbursement for local
agencies to implement the bill's provisions is necessary
because "the only costs that may be incurred by a local agency
or school district?would result from a legislative mandate
that is within the scope of paragraph (7) of subdivision (b)
of Section 3 of Article I of the California Constitution."
8)Policy Considerations. The Committee might wish to consider
the following:
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a) Brown Act Precedent. The Brown Act currently requires
regular and special meetings of a legislative body to be
held within the boundaries of the territory over which the
local agency exercises jurisdiction, except that the local
agency may meet at its principal office if that office is
located outside the territory over which the agency
exercises jurisdiction. This bill amends the Brown Act to
require a single agency, the SCVSD, to hold its regular and
special meetings in a single, specified location. This
provision is a precedent for the Brown Act, which does not
otherwise specify meeting locations for a particular
entity. The Committee may wish to consider whether the
circumstances that prompted this bill warrant a precedent
of this kind.
b) Is Legislation Necessary? It appears from information
published online and provided by the SCVSD that the public
input process was effective in the instance of the proposed
deep well injection site. Affected parties communicated
their concerns and the SCVSD eventually stopped the plan
and is now considering and vetting an alternative site.
The Committee may wish to consider whether this bill is
necessary.
c) Appropriate Statutory Location. The provisions of this
bill have been placed in the Brown Act. The Committee may
wish to consider whether they would more appropriately be
placed in the County Sanitation District Act.
9)Previous Legislation. SB 475 (Runner), Chapter 393, Statutes
of 2006, established a process by which the SCVSD, upon voter
approval of an ordinance adopted by the district board to do
so, may require the removal of all residential water softening
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or conditioning appliances that discharge to the public sewer
system, in an effort to reduce the volume of chloride
discharged to the Santa Clara River.
10)Arguments in Support. None on file.
11)Arguments in Opposition. None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by:Angela Mapp / L. GOV. / (916) 319-3958
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