HomeMy WebLinkAbout2021-08-10 - Board of Directors Meeting Agenda Packet (B)AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, August 10, 2021, 6:30 PM
1717 E Miraloma Ave, Placentia CA 92870
1.PARTICIPATION INSTRUCTIONS
YLWD Board of Directors' meetings will be facilitated in a hybrid format, both in-person in the Board
Room and virtually on Zoom. Pursuant to Executive Orders N-25-20 and N-29-20 issued by the
Governor of California, certain requirements of the Brown Act have been temporarily suspended. As
such, Directors and members of the public may choose to participate in person or by
video/teleconference.
Public participation is authorized via the following options:
A. In-Person: Attendees will be encouraged to support social distancing protocols. Seating will be
available in the Board Room and in the lobby for overflow if needed. Individuals wishing to speak
during public comment or on a specific agenda item will be asked to raise their hands and
approach the podium one at a time.
B. Zoom or Telephone:
Computer/Mobile Device: https://us06web.zoom.us/j/82596624826
Telephone: 669-900-6833 or 346-248-7799
Meeting ID: 825 9662 4826
Use the "raise hand" feature on Zoom or press *9 on your telephone to indicate you wish to
speak. The Board Secretary will call your name and unmute you when it is your turn.
C. In Writing: Comments can also be submitted in writing via e-mail to the Board Secretary
(bodsecretary@ylwd.com) at least two (2) hours prior to the start of the meeting. If you choose to
submit comments utilizing this method, please identify the agenda item you wish to address.
Your comments will be shared with the Board and read aloud during the meeting.
For questions regarding participation please call 714-701-3020.
2.CALL TO ORDER
3.PLEDGE OF ALLEGIANCE
4.ROLL CALL
Phil Hawkins, President
J. Wayne Miller, PhD, Vice President
Trudi DesRoches, Director
Brooke Jones, Director
Tom Lindsey, Director
5.ADDITIONS/DELETIONS TO THE AGENDA
Items may be added to the agenda upon determination by a two-thirds vote of the Board, or a unanimous
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vote if only three Directors are present, that there is a need to take immediate action which came to the
District's attention subsequent to the agenda being posted. (GC 54954.2(b)(2))
6.INTRODUCTIONS AND PRESENTATIONS
6.1.Elected Official Liaison Reports
6.2.Federal and State Legislative Update
7.PUBLIC COMMENTS
Any individual wishing to address the Board or Committee is requested to identify themselves and state
the matter on which they wish to comment. If the matter is on the agenda, the Chair will recognize the
individual for their comment when the item is considered. No action will be taken on matters not listed on
the agenda. Comments are limited to three minutes and must be related to matters of public interest
within the jurisdiction of the Water District. (GC 54954.3)
8.CONSENT CALENDAR
All items on the consent calendar are considered routine and may be approved by a single motion. There
will be no discussion of these items unless a member of the Board, staff, or public requests separate
consideration.
8.1.Minutes of the Board of Directors Special and Regular Meetings Held June 22,
2021
Recommendation: That the Board of Directors approve the minutes as
presented.
8.2.Minutes of the Board of Directors Special and Regular Meetings Held July 13,
2021
Recommendation: That the Board of Directors approve the minutes as
presented.
8.3.Minutes of the Board of Directors Special Meeting Held July 27, 2021
Recommendation: That the Board of Directors approve the minutes as
presented.
8.4.Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $4,625,617.58.
8.5.Budget to Actual Reports for the Month Ending June 30, 2021
Recommendation: That the Board of Directors receive and file the Budget to
Actual Reports for the Month Ending June 30, 2021.
8.6.Cash and Investment Report for Period Ending June 30, 2021
Recommendation: That the Board of Directors receive and file the Cash and
Investment Report for Period Ending June 30, 2021.
8.7.Unaudited Financial Statements for the Fourth Quarter of Fiscal Year 2020-21
Recommendation: That the Board of Directors receive and file the Unaudited
Financial Statements for Fourth Quarter of Fiscal Year 2020-21.
8.8.Directors' and General Manager Fees and Expenses Report for Fourth Quarter
of Fiscal Year 2020-21
Recommendation: That the Board of Directors receive and file the Directors'
and General Manager Fees and Expenses Report for Fourth Quarter of Fiscal
Year 2020-21.
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8.9.Repeal of Ordinance Conflicting with Water Shortage Contingency Plan
Recommendation: That the Board of Directors adopt Ordinance No. 2021-XX
repealing Ordinance No. 09-01 due to a conflict with the District's Water
Shortage Contingency Plan.
8.10.Amending Conflict of Interest Code
Recommendation: That the Board of Directors adopt Resolution No. 2021-XX
adopting a Conflict of Interest Code which supersedes all prior conflict of interest
codes and amendments previously adopted.
8.11.Amending the Memorandum of Understanding for Employees' Association
Members
Recommendation: That the Board of Directors adopt Resolution No. 2021-XX
amending the Memorandum of Understanding between the District and the
YLWD Employees' Association for the remainder of Fiscal Years 2022-23.
8.12.Ratifying Amended Budgeted Positions for Fiscal Year 2021-22 and Amending
Exhibit A in the Personnel Manual for Unrepresented Employees
Recommendation: That the Board of Directors: (1) adopt Resolution No. 2021-
XX ratifying amendments to the Budgeted Positions for the remainder of Fiscal
Year 2021-22; and (2) adopt Resolution No. 2021-XX amending Exhibit A of the
Personnel Manual for Unrepresented Employees for the Remainder of Fiscal
Years 2022-23.
9.ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board or Committee discussions
are needed prior to formal action.
9.1.Position on Wastewater Infrastructure Pollution Prevention and Environmental
Safety (WIPPES) Act
Recommendation: That the Board of Directors take a support position on H.R.
4602, the Wastewater Infrastructure Pollution Prevention and Environmental
Safety (WIPPES) Act.
9.2.Nominations for ACWA Committee Appointments
Recommendation: That the Board of Directors consider nominating interested
Directors for appointment to ACWA committees for the 2022-2023 term.
9.3.Amending the General Manager's Employment Agreement
Recommendation: That the Board of Directors consider: (1) approving the First
Amendment to the Employment Agreement for the Position of General Manager
as negotiated by the District's Designated Representative; and (2) adopt
Resolution No. 2021-XX adopting the Classification and Salary for the General
Manager effective May 12, 2021, and rescinding Resolution No. 2020-05.
10.DISCUSSION ITEMS
This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action
of the Board or Committee at the meeting, such as technical presentations, drafts of proposed policies,
or similar items for which staff is seeking advice and counsel. Time permitting, it is generally in the
District’s interest to discuss these more complex matters at one meeting and consider formal action at
another meeting. This portion of the agenda may also include items for information only.
10.1.Status of Operations Activities
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10.2.Construction of Per- and Polyfluoroalkyl Substances (PFAS) Removal
Groundwater Treatment Plant
11.REPORTS, INFORMATION ITEMS, AND COMMENTS
11.1.Director's Reports
11.2.General Manager's Report
11.3.General Counsel's Report
11.4.Future Agenda Items and Staff Tasks
12.COMMITTEE REPORTS
12.1.Interagency Committee with MWDOC and OCWD
(Hawkins/DesRoches) - Next meeting will be scheduled when needed.
12.2.Joint Agency Committee with City of Yorba Linda
(Hawkins/Lindsey) - Next meeting is scheduled Monday, September 13, 2021 at
4:00 p.m.
12.3.Joint Agency Committee with City of Placentia
(Miller/Lindsey) - Next meeting is scheduled Monday, August 23, 2021 at 10:30
a.m. at Placentia City Hall.
13.BOARD OF DIRECTORS ACTIVITY CALENDAR
13.1.Meetings from August 11 - September 30, 2021
14.ADJOURNMENT
14.1.The next regular Board meeting will be held Tuesday, September 14, 2021.
Closed Session (if necessary) will begin at 5:30 p.m. and regular business at
6:30 p.m.
Items Distributed to the Board Less Than 72 Hours Prior to the Meeting
Non-exempt materials related to open session agenda items that are distributed to a majority of the Board of
Directors (or Committee Members) less than seventy-two (72) hours prior to the meeting will be available for
public inspection in the lobby of the District’s Administrative building located at 1717 E Miraloma Ave, Placentia
CA 92870 during regular business hours. When practical, these materials will also be posted on the District’s
website at https://ylwd.com/. (GC 54957.5)
Accommodations for the Disabled
Requests for disability-related modifications or accommodations, including auxiliary aids or services, required for
participation in the above posted meeting should be directed to the Board Secretary at (714) 701-3020 at least 24
hours in advance. (GC 54954.2(a))
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ITEM NO. 6.2.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Alison Martin, Public Affairs Manager
SUBJECT:Federal and State Legislative Update
Eric O'Donnell from Townsend Public Affairs will present the attached materials.
ATTACHMENTS:
1.Monthly Report
2.Legislative Matrix
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State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383
Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215
Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • (949) 399 -9050 • Fax (949) 476-8215
Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555
Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835 -9050 • Fax (510) 835-9030
M E M O R A N D U M
To: Yorba Linda Water District
From: Townsend Public Affairs
Date: August 3, 2021
Subject: State and Federal Legislative Monthly Report
State Legislative Update
On July 15, the Legislature adjourned for Summer Recess and will return on August 16. Prior to
their adjournment, committees held hearings to advance legislation in order to meet the July 14
second house policy committee deadline. When lawmakers return, they will have just four weeks
left before the end of session on September 10. The Legislature will also need to finalize the
remaining budget trailer bills for this year to enact policies consistent with the budget bill that was
signed into law by the Governor on July 12.
OEHHA PFOA/PFOS Draft Public Health Goal
The California Environmental Protection Agency’s (CalEPA’s) Office of Environmental Health
Hazard Assessment (OEHHA) recently published a draft of their proposed public health goals as
they relate to PFOA/PFOS in drinking water.
The draft public health goal sets a target of 0.007 part per trillion for PFOA and 1 part per trillion
for PFOS in drinking water. This technical report is currently available for public comments and
independent external peer review before OEHHA will publish their final assessment.
By way of background, OEHHA sets public health goals that are used by the State Water
Resources Control Board when establishing primary drinking water standards such as Maximum
Contaminant Loads (MCLs). State laws passed by the Legislature require that MCLs be made as
technically and economically close to public health goals as possible.
Governor Signs $6 Billion Historic Broadband Investment
The Governor has signed SB 156, a trailer bill to implement the $6 billion included in the original
budget for broadband infrastructure construction, with priority given to underserved rural and
urban communities throughout the State. The bill’s major prov isions include: $2 billion for last-
mile infrastructure to increase connectivity and affordability in underserved rural and urban areas,
$3.25 billion for statewide, open -access middle-mile network, and $750 million to establish a new
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loan loss reserve account to provide collateral to local governments issuing bonds for municipal
broadband deployment.
Governor Announces Testing and Proof of Vaccination Mandate
Governor Newsom announced a new mandate requiring all state and healthcare workers to
provide proof of vaccination or be tested at least once per week. In addition, the Governor hopes
to encourage all local governments and other employers to adopt a similar protocol. Beginning
August 2, all state employees will be required to show proof of vaccination or begin mandatory
COVID testing once per week. Beginning August 9, all healthcare and congregate facility workers
will adopt the same protocol and must be in full compliance by Augus t 23. Those operating in
acute care facilities may be required to be tested twice per week. Implementation of this new
mandate will be accomplished via public health order.
State Rental Assistance Metrics
The Governor announced that the California Rent Relief program continues to build momentum
with over $1 billion in rental assistance requested through the state-administered program and
increasing rates of application and disbursement. The State’s rental assistance program allows
tenants to access rental funds directly if their landlord chooses not to participate and ensures
landlords can receive compensation even if their otherwise income-qualified tenants have already
vacated a unit.
The Program provides a total of $5.2 billion to now cover 100 percent of back -rent and all
prospective rent for several months into the future for income -qualified tenants. The Program also
includes $2 billion for past -due water and utility bills and more money than ever for tenant legal
assistance. This new supportive funding adds to the recent extension of the State’s eviction
moratorium.
COVID-19 Impact on Access to State Capitol Building
California has reinstated a mask mandate for all lawmakers and employees at the state Capitol,
regardless of vaccination status, following an outbreak of coronavirus cases in the building. All
individuals who contracted the coronavirus were staff, four of whom were fully vaccinated. Th e
announcement from the Secretary of the Senate and the Assembly Chief Administrative Officer
was followed by a letter from Legislative Leadership to Senate and Assembly staff.
Amended Budget Bill Signed
Governor Newsom signed SB 129 into law, which makes amendments based off AB 128 (the
original budget bill) and represents a budget agreement between the Legislature and the
Administration. SB 129 combined with AB 128, reflects a total spending of $262.6 bi llion. The
amended budget bill clarifies spending allocations already included in the original budget. Despite
the clarifying language within the amended budget, many outstanding issues such as broadband
and homelessness funding have been hashed out throug h the budget trailer bill process. Below
is a funding breakdown for several trailer bills with issues pertinent to local governments , all of
which have been signed into law:
AB 140: Housing
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• AB 140 expands on the Homeless, Housing, Assistance and Prevention Grant Program
and appropriates $2 billion in funding for FY 2021 -22 and 2022-23 will be used for
rounds three and four of HHAP. AB 140 specifically provides:
o $224 million to counties (40 percent cap for any single county).
o $240 million to Continuums of Care (CoCs) (40 percent cap for any CoC).
o $336 million to large cities with populations over 300,000 (45 percent cap for any
o single city).
o $180 million for bonus funds available to cities, counties and CoCs.
• The Encampment Resolution Funding Program
o Funding prioritized for: jurisdictions with 50 or more individuals within the specific
encampment, a diverse range of communities, jurisdictions that demonstrate
innovative efforts to resolve encampment issues.
• Family Homelessness Challenge Grants and Technical Assistance Program
($40,000,000)
o $30,000,000 in two rounds of competitive grants to applicants to be used to
accelerate efforts by local jurisdictions to eliminate family homelessness in their
communities.
o $8,000,000 in intensive technical assistance to local jurisdictions
o $2,000,000 in administrative costs.
• Excess Sites Local Government Matching Grants Program ($30,000,000)
o Allocated to select developers that will receive contributions from a local
government in support of affordable housing development on excess state -
owned properties.
o Local governments may jointly apply with a developer.
• $250,0000,000 for the Infill Infrastructure Gant Program of 2019
o $160,000,000 for selected capital investment projects for large jurisdictions
o $90,000,000 for capital improvement projects for small jurisdictions
o For cities unable to meet density requirements specified for purposes of the
Infill Infrastructure Grant Program of 2019, extends the authorization for a city
to petition for an exception from 2023 to 2026.
AB 148: Public Resources
• Drought Contract Relief
o Provides temporary flexibility (until 2024) in providing relief funds during a
drought scenario.
o Permits the Governor or the State Water Resources Control Board to declare
a drought emergency.
• Provides guidance on how to implement the $1 billion of relief to reduce customer
water bills as a result of the COVID 19 pandemic.
o Funding to cover water debt from residential and commercial cu stomers
accrued between March 4, 2020, and June 15, 2021, if that customer is 60
days or more behind on their payments.
o Funding will first be dispersed to small water systems (under 3,300 service
connections or servicing a yearlong population of under 10,000 people).
• Beverage Container Recycling Program Expansion
o Extends the sunset date of the recycling pilot program from January 1, 2023,
to January 1, 2027.
o Increases the number of pilot projects from five to ten and the maximum
number of operating years from three to five.
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AB 150: Revenue and Taxation
• State Historic Tax Credit
o Extends the sunset for the State Historic Tax Credit by one year, from January
1, 2026, to January 1, 2027, to provide tax credits for the rehabilitation of
certified historic structures.
• Diaper and Menstrual Product Sales Tax Exemption
o Indefinitely extends the sales and use tax exemptions for diapers and
menstrual products.
SB 151: Economic Development
• California Dream Fund
o provides small grants of up to $10,000 to new businesses through the
California Small Business Technical Assistance Expansion Program.
• Nonprofit Cultural Institutions
o Specifies that the grants to nonprofit cultural institutions distributed through the
California Small Business COVID-19 Relief Grant Program may be allocated
in more than one round.
• California Venues Grant Program
o Establishes the California Venues Grant Program within CalOSBA to provide
grants of up to $250,000 to independent venues and related entities who put
on live performing arts or sporting events.
▪ Eligible venues must demonstrate loss of revenue between Q2, Q3,
and Q4 of 2020 as compared to the same period in 2019.
• California Nonprofit Performing Arts Grant Program
o Establishes the California Nonprofit Performing Arts grant program to
encourage workforce development, administered GO-Biz.
▪ Funds may be used for employee expenses, contributions, or
payments to centralized payroll service, recruiting, training and
development, and other costs related to employees such as space
requirement.
• California Microbusiness COVID-19 Relief Grant Program
o Establishes the California Microbusiness COVID-19 Relief Grant Program,
which funds regional programs that will provide grants of $2,500 to eligible
microbusinesses.
Federal Legislative Update
Fiscal Year 2022 Appropriations
The House of Representatives approved nine of the twelve FY22 spending bills, including those
covering Transportation-Housing and Urban Development (T-HUD), Energy and Water
Development (E&W), Interior-Environment, Labor-Health and Human Services (LHHS), Military
Construction-VA, Legislative Branch, State and Foreign Operations, Agriculture-FDA, and
Financial Services. The remaining three bills –Commerce Justice Science, Defense, and
Homeland Security – could potentially be considered in September.
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In the Senate, Senators will markup three of the Senate's appropriations bills before the August
recess which is scheduled to begin on August 6. The bills that will be considered are Agriculture-
FDA, Energy and Water, and Military Construction-VA.
The House Energy and Water Development bill would provide $1.95 billion to the Bureau of
Reclamation, which is responsible for maintaining federal water and hydropower projects in the
West. That would be $275.9 million more than the Bureau received in fiscal year 2021 and $413
million more than requested in the President’s budget request.
Two notable policy riders are included in the bill. None of the funds provided under the bill could
be used for the Shasta Dam and Reservoir Enlargement Project and the measure would also
block funding to determine the final discharge point for an interceptor drain on the San Luis Unit
of the Central Valley Project until the department and the state create a plan to minimize negative
effects of drainage from the unit.
The House Interior and Environment appropriations bill would provide the U.S. Environmental
Protection Agency $11.3 billion. That is $2.11 billion more than fiscal year 2021 and $110.8 million
more than requested in the President’s budget. Of that amount, $3.23 billion would be provided
for the Clean Water and Drinking Water state revolving funds, a combined increase of $463.7
million from fiscal year 2021.
Details on the Senate bills are not yet available.
Bipartisan Infrastructure Package
Senate negotiators reached a deal on final legislative text for a $550 billion infrastructure package,
building from the bipartisan framework agreed to by a group of 20 Senators and President Joe
Biden in June. The package will be partly paid for by delaying a costly Trump -era Medicare
regulation.
Below is a summary of the water provisions found in Division E, and Title IX of Divisi on D:
Drinking Water State Revolving Funds
The bill would authorize $14.7 billion from fiscal year 2022 through 2026 for the Environmental
Protection Agency’s (EPA’s) Drinking Water State Revolving Fund program, which provides
capitalization grants to states for loans supporting water infrastructure projects.
The measure would require at least 12% of such funding to be used to subsidize loans to
disadvantaged communities, increased from 6% under current law, if there are enough
applications for loans to those communities.
The measure also would permanently extend a requirement, set to expire in fiscal year 2023, that
projects funded through the Drinking Water SRF use only U.S.-produced iron and steel.
Lead Reduction
The bill would extend an EPA grant program to support replacement of lead water lines by five
years, through fiscal 2026, and increase the annual authorization to $100 million, from $60 million.
The measure would authorize $200 million over five years to address le ad contamination in
school drinking water, including through testing and remediation.
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Small and Disadvantaged Communities
The bill would extend the authorization for compliance assistance grants to public water systems
in small and disadvantaged communitie s through fiscal 2026. The bill would authorize $70 million
in fiscal 2022, increasing to $140 million by fiscal 2026.
The measure would authorize $50 million annually through fiscal 2026 for a pilot program to
award competitive grants to states to implement improvements to water systems, with priority for
states with a high proportion of underserved communities.
Leak Detection and Repair
The measure would authorize $50 million annually through 2026 for grants for leak detection,
repair, and monitoring in small public and nonprofit water systems. An additional $50 million per
year would be authorized for larger systems for infrastructure resilience and sustainability. Half
the funds would go to systems serving populations from 10,000 to 100,000, and half wou ld go to
systems serving 100,000 or more.
Clean Water State Revolving Funds
The measure would authorize $14.7 billion from fiscal year 2022 through 2026 for the EPA’s
Clean Water State Revolving Funds program, which provides capitalization gran ts to states for
loans supporting water quality improvement projects, through fiscal year 2026.
Under the bill, states would have to use at least 10% and as much as 30% of the capitalization
grants for “additional subsidization,” such as loan forgiveness. The minimum would apply only if
there are sufficient applications for assistance.
Water Infrastructure Finance and Innovation Act (WIFIA)
The bill would extend the annual $50 million authorization for the Water Infrastructure Finance
and Innovation Act (WIFIA) loan program through fiscal year 2026. The bill also would reduce to
one, from two, the number of opinion letters from credit rating agencies required in each
application for funding.
Sewer Overflows
The bill would authorize $280 million in each of fiscal year 2022 through 2026 for grants to states
to support municipal planning and construction of projects to address combined sewer overflows,
including systems to notify the public when untreated overflows are released into waterways.
At least 25% of the grant funding in each state would have to be allocated to projects in rural or
financially distressed communities, if there are enough eligible project applications, with at least
60% of that allocation dedicated to rural areas.
Research Grants
The bill would authorize $75 million per year through fiscal year 2026 for research grants to
address water pollution and training at water treatment works. The current $25 million -peryear
authorization runs through fiscal 2023. At least $50 million per year wo uld be for grants to
nonprofits supporting small, rural, and tribal water treatment operations.
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Emergency Appropriations
The measure also would provide $55.4 billion in supplemental emergency appropriations for EPA
state and tribal assistance grants, inclu ding for capitalization grants through the Clean Water
State Revolving Funds and Drinking Water State Revolving Funds. Amounts set aside for
specified activities for fiscal year 2022 through 2026 would include:
• $15 billion to replace lead service lines.
• $5 billion to support disadvantaged communities affected by emerging contaminants.
• $5 billion for clean and zero -emission school buses.
• $4 billion to address emerging contaminants with a focus on per - and polyfluoroalkyl
substances (PFAS).
WESTERN WATER INFRASTRUCTURE
The measure would provide $8.3 billion for the Bureau of Reclamation’s water and related
resources activities, including:
• $3.2 billion set aside for the aging infrastructure account for maintenance of bureau -
owned water infrastructure.
• $1.15 billion for water storage, groundwater storage and conveyance projects
• $1 billion for water recycling and reuse projects
• $250 million for desalination projects
• $1 billion for rural water projects
• $500 million for dam safety projects
• $300 million for the Colorado River Drought Contingency Plan
• $400 million for WaterSMART Water and Energy Efficiency Grants
• $100 million for the Cooperative Watershed Management Program
• $250 million for Aquatic Ecosystem Restoration Program
• $50 million for Colorado River fish species recovery programs.
Surface Transportation Reauthorization
As part of the broader discussion on infrastructure spending, both the House and the Senate have
pushed forward on surface transportation reauthorization. These programs include roads,
bridges, highways, transit, rail, and transportation safety and are reauthorized every five years.
The House on July 1 passed its version, H.R. 3684 the INVEST in America Act, which would
authorize about $556 billion over five years for surface transportation programs and additional
funds for water and energy programs.
Several sections of the bill address water issues including:
• $250 million in grants for technical assistance to rural, small, and tribal communities in the
planning, design and construction of wastewater facilities to achieve and maintain
compliance with the Clean Water Act.
• $1 billion for municipalities to execute watershed and resilience project with a special 10
percent carveout for municipalities with populations under 10,000 a nd for disadvantaged
communities.
• An increase in the amount of a state’s Drinking Water State Revolving Funds that can be
used to provide assistance to disadvantaged communities from 35 percent to 40 percent.
• $45 billion to replace lead service lines.
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• $500 million between fiscal years 2022 and 2031 for grants to water utilities to treat Per -
and polyfluoroalkyl substances (PFAS). Disadvantaged communities would receive
priority funding.
The Senate meanwhile may take up a package of committee -approved bills unless a bipartisan
compromise is reached. That “Plan B” would include legislation on water infrastructure (S. 914),
highways (S. 1931), rail and safety (S. 2016), and energy (not yet introduced). Senators have not
yet unveiled their proposals for more controversial public transit programs or financing provisions
that are typically included in surface transportation reauthorizations.
Lawmakers are still debating how to pay for the spending increases and “pay-for” provisions have
been one of the key topics for the bipartisan talks invo lving Senators and the White House. The
main source of funding for surface transportation programs, the Highway Trust Fund, could expire
in fiscal year 2022. The federal gas tax provides most of its revenue and has not been increased
since 1993 as cars have become more efficient. The House-passed bill would transfer $148 billion
to the Highway Trust Fund from the General Fund, rather than any dedicated source of financing.
Other sticking points include electric vehicles and public transit, with some House Democrats
raising concerns that the Senate legislation would not provide enough money for those programs.
Lawmakers may need another short -term extension for highway programs past September 30 if
they cannot reach a deal on surface transportation legislat ion or a broader infrastructure package.
Lawmakers opted for a year-long extension to continue programs at the end of the last five -year
measure.
$3.5 Trillion Budget Reconciliation Package
Senate Democratic leaders and the Biden Administration reached a n agreement on an overall
spending target of $3.5 trillion for a filibuster-proof budget reconciliation package that will fund
nearly every major program proposed in President Biden’s economic plan. The proposal includes
a notable expansion of traditional Medicare, which would include funding for dental, vision, and
hearing benefits. The draft spending framework pends consideration from the remaining members
of the Democratic Caucus and Congress.
To the extent the budget reconciliation package will impact water infrastructure and water policy
depends on what is included in the bipartisan infrastructure package under negotiation in the
Senate.
PFAS Action Act of 2021 (H.R. 2467)
On July 21, the House passed H.R. 2467 the PFAS Action Act of 2021 by a bipartisan vote of
241-183.
Under H.R. 2467, the Environmental Protection Agency would have to take several steps to
regulate and mitigate pollution from per- and polyfluoroalkyl substances (PFAS). PFAS are a class
of more than 9,000 durable chemicals used as nonstick agents to make some cookware and in
firefighting foam. PFAS exposure has been linked to adverse health conditions such as cancer,
and the chemicals have been found in groundwater near facilities that use them, including military
installations.
In general, the bill would accomplish the following:
• Effectively bar the manufacturing of new PFAS, also called “forever chemicals.”
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• Direct the EPA to establish drinking water standards for the c hemicals and designate
certain PFAS as hazardous substances under the law that governs the Superfund cleanup
program.
• Authorize $1 billion over five years for grants to support implementation of a new PFAS
pretreatment standard at public water treatment wo rks.
• Authorize $550 million over five years for a grant program to support the installation of
treatment technologies.
A similar bill passed the House in January 2020 but was not considered by the Senate. Senators
have called for allowing EPA to pursue PFAS regulation through existing regulatory processes
rather than mandating it through legislation. Overall, the bill expresses a desire among lawmakers
to protect consumers and assist water agencies with PFAS remediation, but the bill lacks the
unified vision and bipartisan and bicameral support to ultimately become law.
Energy Infrastructure Act (S. 2377)
In July Senator Joe Manchin (D-WV) introduced the Energy Infrastructure Act. Title IX of the bill
includes several provisions relating to western water i nfrastructure. The bill was approved by the
Senate Committee on Energy and Natural Resources and form s the basis for the western water
provisions in the bipartisan infrastructure bill.
The Bill would do the following:
• $1 billion for rural water projects authorized by Congress before July 1, 2021
• $400 million for WaterSMART grants
• $100 million for projects that improve natural features or nature -based features
• $100 million for a new groundwater storage program for projects with a storage capacity
between 2,000 and 30,000 acre -feet of water.
• $450 million for a new competitive grant program for large -scale water recycling and reuse
projects.
• $100 million for a new competitive grant program for habitat restoration projects.
Page 14 of 248
Yorba Linda Water District
Tuesday, August 03, 2021
AB 100 (Holden D) Drinking water: endpoint devices: lead content.
Current Text: Amended: 6/24/2021 html pdf
Introduced: 12/11/2020
Last Amend: 6/24/2021
Status: 7/7/2021-From committee: Do pass and re-refer to Com. on APPR with recommendation: To
Consent Calendar. (Ayes 7. Noes 0.) (July 7). Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 7/7/2021-S. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Safe Drinking Water Act requires the State Water Resources Control Board to
administer provisions relating to the regulation of drinking water to protect public health. Current law
prohibits, with certain exceptions, the use of any pipe, pipe or plumbing fitting or fixture, solder, or flux
that is not lead free in the installation or repair of any public water system or any plumbing in a facility
providing water for human consumption. Current law defines “lead free” for purposes of conveying or
dispensing water for human consumption to mean not more than 0.2% lead when used with respect
to solder and flux and not more than a weighted average of 0.25% lead when used with respect to
the wetted surfaces of pipes and pipe fittings, plumbing fittings, and fixtures.This bill would,
commencing January 1, 2023, prohibit a person from manufacturing, and offering for sale in the state,
an endpoint device, as defined, that does not meet a certain lead leaching standard. The bill would,
commencing July 1, 2023, prohibit a person from introducing into commerce or offering for sale in the
state an endpoint device that does not meet that lead leaching standard.
AB 339 (Lee D) Local government: open and public meetings.
Current Text: Amended: 7/5/2021 html pdf
Introduced: 1/28/2021
Last Amend: 7/5/2021
Status: 7/14/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 13).
Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 7/14/2021-S. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative
body of a local agency, as those terms are defined, be open and public and that all persons be
permitted to attend and participate. Under existing law, a member of the legislative body who attends
a meeting where action is taken in violation of this provision, with the intent to deprive the public of
information that the member knows the public is entitled to, is guilty of a crime. This bill would require
local agencies to conduct meetings subject to the act consistent with applicable state and federal civil
rights laws, as specified.
AB 361 (Rivas, Robert D) Open meetings: local agencies: teleconferences.
Current Text: Amended: 7/6/2021 html pdf
Introduced: 2/1/2021
Last Amend: 7/6/2021
Status: 7/15/2021-Read second time. Ordered to third reading.
Is Urgency: N
Is Fiscal: N
Location: 7/15/2021-S. THIRD READING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: xisting law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of
a legislative body of a local agency, as those terms are defined, be open and public and that all
persons be permitted to attend and participate. This bill, until January 1, 2024, would authorize a local
agency to use teleconferencing without complying with the teleconferencing requirements imposed by
the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared
state of emergency, as that term is defined, when state or local health officials have imposed or
recommended measures to promote social distancing during a proclaimed state of emergency held for
the purpose of determining, by majority vote, whether meeting in person would present imminent risks
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Page 15 of 248
to the health or safety of attendees, and during a proclaimed state of emergency when the legislative
body has determined that meeting in person would present imminent risks to the health or safety of
attendees, as provided.
AB 818 (Bloom D) Solid waste: premoistened nonwoven disposable wipes.
Current Text: Amended: 7/1/2021 html pdf
Introduced: 2/16/2021
Last Amend: 7/1/2021
Status: 7/15/2021-From committee: Be ordered to second reading file pursuant to Senate Rule 28.8
and ordered to Consent Calendar.
Is Urgency: N
Is Fiscal: Y
Location: 7/15/2021-S. CONSENT CALENDAR
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would require, except as provided, certain premoistened nonwoven disposable wipes
manufactured on or after July 1, 2022, to be labeled clearly and conspicuously with the phrase “Do Not
Flush” and a related symbol, as specified. The bill would prohibit a covered entity, as defined, from
making a representation about the flushable attributes, benefits, performance, or efficacy of those
premoistened nonwoven disposable wipes, as provided. The bill would establish enforcement
provisions, including authorizing a civil penalty not to exceed $2,500 per day, up to a maximum of
$100,000 per violation, to be imposed on a covered entity who violates those provisions.
AB 850 (Gallagher R) City property: sale of water utility property.
Current Text: Amended: 3/22/2021 html pdf
Introduced: 2/17/2021
Last Amend: 3/22/2021
Status: 7/15/2021-From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Is Urgency: N
Is Fiscal: Y
Location: 7/15/2021-S. SECOND READING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law, until January 1, 2022, authorizes the City of El Monte, the City of Montebello,
and the City of Willows to sell its public utility for furnishing water service for the purpose of
consolidating the system with another public water system, as specified, subject to additional
requirements.This bill would extend the authorization to consolidate water systems until January 1,
2024.
AB 1200 (Ting D) Plant-based food packaging: cookware: hazardous chemicals.
Current Text: Amended: 7/8/2021 html pdf
Introduced: 2/18/2021
Last Amend: 7/8/2021
Status: 7/8/2021-Read second time and amended. Ordered to third reading.
Is Urgency: N
Is Fiscal: N
Location: 7/8/2021-S. THIRD READING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would prohibit, beginning January 1, 2023, any person from distributing, selling, or offering
for sale in the state any food packaging that contains prohibited perfluoroalkyl and polyfluoroalkyl
substances or PFAS, as defined. The bill would require a manufacturer to use the least toxic alternative
when replacing PFAS chemicals. The bill would define “food packaging,” in part, to mean a nondurable
package, packaging component, or food service ware that is comprised, in substantial part, of paper,
paperboard, or other materials originally derived from plant fibers.
AB 1250 (Calderon D) Water and sewer system corporations: consolidation of service.
Current Text: Amended: 7/5/2021 html pdf
Introduced: 2/19/2021
Last Amend: 7/5/2021
Status: 7/7/2021-From committee: Do pass and re-refer to Com. on APPR with recommendation: To
Consent Calendar. (Ayes 7. Noes 0.) (July 7). Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
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Page 16 of 248
Location: 7/7/2021-S. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Safe Drinking Water Act provides for the operation of public water systems,
which include small community water systems, and imposes on the State Water Resources Control
Board related regulatory responsibilities and duties. Current law authorizes the state board to order
consolidation of public water systems where a public water system or state small water system
serving a disadvantaged community consistently fails to provide an adequate supply of safe drinking
water, as provided. This bill, the Consolidation for Safe Drinking Water Act of 2021, would authorize a
water or sewer system corporation to file an application and obtain approval from the Public Utilities
Commission through an order authorizing the water or sewer system corporation to consolidate with a
small community water system or state small water identified as failing or at risk of failing by the state
board.
AB 1500 (Garcia, Eduardo D) Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood
Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022.
Current Text: Amended: 5/11/2021 html pdf
Introduced: 2/19/2021
Last Amend: 5/11/2021
Status: 5/20/2021-Joint Rule 62(a), file notice suspended. From committee: Do pass and re-refer to
Com. on RLS. (Ayes 12. Noes 3.) (May 20). Re-referred to Com. on RLS.
Is Urgency: Y
Is Fiscal: Y
Location: 5/20/2021-A. RLS.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood
Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022, which, if approved
by the voters, would authorize the issuance of bonds in the amount of $7,080,000,000 pursuant to
the State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention,
drought preparation, flood protection, extreme heat mitigation, and workforce development programs.
SB 5 (Atkins D) Affordable Housing Bond Act of 2022.
Current Text: Amended: 3/10/2021 html pdf
Introduced: 12/7/2020
Last Amend: 3/10/2021
Status: 3/18/2021-Re-referred to Coms. on HOUSING and GOV. & F.
Is Urgency: N
Is Fiscal: Y
Location: 3/18/2021-S. HOUSING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would enact the Affordable Housing Bond Act of 2022, which, if adopted, would authorize
the issuance of bonds in the amount of $6,500,000,000 pursuant to the State General Obligation Bond
Law. Proceeds from the sale of these bonds would be used to fund affordable rental housing and
homeownership programs. The bill would state the intent of the Legislature to determine the allocation
of those funds to specific programs.This bill would provide for submission of the bond act to the voters
at the November 8, 2022, statewide general election in accordance with specified law.
SB 9 (Atkins D) Housing development: approvals.
Current Text: Amended: 4/27/2021 html pdf
Introduced: 12/7/2020
Last Amend: 4/27/2021
Status: 6/23/2021-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June
22). Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 6/22/2021-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law provides for the creation of accessory dwelling units by local
ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance
with specified standards and conditions.This bill, among other things, would require a proposed
housing development containing no more than 2 residential units within a single-family residential
zone to be considered ministerially, without discretionary review or hearing, if the proposed housing
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Page 17 of 248
development meets certain requirements, including, but not limited to, that the proposed housing
development would not require demolition or alteration of housing that is subject to a recorded
covenant, ordinance, or law that restricts rents to levels affordable to persons and families of
moderate, low, or very low income, that the proposed housing development does not allow for the
demolition of more than 25% of the existing exterior structural walls, except as provided, and that the
development is not located within a historic district, is not included on the State Historic Resources
Inventory, or is not within a site that is legally designated or listed as a city or county landmark or
historic property or district.
SB 45 (Portantino D) Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood
Protection Bond Act of 2022.
Current Text: Amended: 4/8/2021 html pdf
Introduced: 12/7/2020
Last Amend: 4/8/2021
Status: 6/1/2021-Ordered to inactive file on request of Senator Portantino.
Is Urgency: N
Is Fiscal: Y
Location: 6/1/2021-S. INACTIVE FILE
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would enact the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood
Protection Bond Act of 2022, which, if approved by the voters, would authorize the issuance of bonds
in the amount of $5,595,000,000 pursuant to the State General Obligation Bond Law to finance
projects for a wildfire prevention, safe drinking water, drought preparation, and flood protection
program.
SB 222 (Dodd D) Water Rate Assistance Program.
Current Text: Amended: 7/15/2021 html pdf
Introduced: 1/14/2021
Last Amend: 7/15/2021
Status: 7/15/2021-From committee with author's amendments. Read second time and amended. Re-
referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 6/30/2021-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would establish the Water Rate Assistance Fund in the State Treasury to help provide
water affordability assistance, for both drinking water and wastewater services, to low-income
ratepayers and ratepayers experiencing economic hardship in California. The bill would require the
Department of Community Services and Development to develop and administer the Water Rate
Assistance Program established by the bill.
SB 273 (Hertzberg D) Water quality: municipal wastewater agencies.
Current Text: Amended: 6/21/2021 html pdf
Introduced: 1/29/2021
Last Amend: 6/21/2021
Status: 7/8/2021-Read second time. Ordered to third reading.
Is Urgency: N
Is Fiscal: Y
Location: 7/8/2021-A. THIRD READING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would authorize a municipal wastewater agency, as defined, to enter into agreements with
entities responsible for stormwater management for the purpose of managing stormwater and dry
weather runoff, as defined, to acquire, construct, expand, operate, maintain, and provide facilities for
specified purposes relating to managing stormwater and dry weather runoff, and to levy taxes, fees,
and charges consistent with the municipal wastewater agency’s existing authority in order to fund
projects undertaken pursuant to the bill. The bill would require the exercise of any new authority
granted under the bill to comply with the Cortese-Knox-Hertzberg Local Government Reorganization
Act of 2000. The bill would require a municipal wastewater agency that enters into or amends one of
these agreements after January 1, 2022, to file a copy of the agreement or amendment with the local
agency formation commission in each county where any part of the municipal wastewater agency’s
territory is located, but would exempt those agreements and amendments from local agency formation
commission approval except as required by the Cortese-Knox-Hertzberg Local Government
Page 4/7
Page 18 of 248
Reorganization Act of 2000.
SB 274 (Wieckowski D) Local government meetings: agenda and documents.
Current Text: Amended: 4/5/2021 html pdf
Introduced: 1/29/2021
Last Amend: 4/5/2021
Status: 7/8/2021-Read second time. Ordered to third reading.
Is Urgency: N
Is Fiscal: Y
Location: 7/8/2021-A. THIRD READING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Ralph M. Brown Act requires meetings of the legislative body of a local agency to be
open and public and also requires regular and special meetings of the legislative body to be held
within the boundaries of the territory over which the local agency exercises jurisdiction, with specified
exceptions. Current law authorizes a person to request that a copy of an agenda, or a copy of all the
documents constituting the agenda packet, of any meeting of a legislative body be mailed to that
person. This bill would require a local agency with an internet website, or its designee, to email a copy
of, or website link to, the agenda or a copy of all the documents constituting the agenda packet if the
person requests that the items be delivered by email. If a local agency determines it to be
technologically infeasible to send a copy of the documents or a link to a website that contains the
documents by email or by other electronic means, the bill would require the legislative body or its
designee to send by mail a copy of the agenda or a website link to the agenda and to mail a copy of all
other documents constituting the agenda packet, as specified.
SB 323 (Caballero D) Local government: water or sewer service: legal actions.
Current Text: Amended: 7/7/2021 html pdf
Introduced: 2/5/2021
Last Amend: 7/7/2021
Status: 7/7/2021-From committee with author's amendments. Read second time and amended. Re-
referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 6/24/2021-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law prohibits a local agency from imposing fees for specified purposes, including
fees for water or sewer connections, as defined, that exceed the estimated reasonable cost of
providing the service for which the fee is charged, unless voter approval is obtained. Existing law
provides that a local agency levying a new water or sewer connection fee or increasing a fee must do
so by ordinance or resolution. Current law requires, for specified fees, including water or sewer
connection fees, any judicial action or proceeding to attack, review, set aside, void, or annul an
ordinance, resolution, or motion adopting a new fee or service charge or modifying an existing fee or
service charge to be commenced within 120 days of the effective date of the ordinance, resolution, or
motion according to specified procedures for validation proceedings. This bill would require any judicial
action or proceeding to attack, review, set aside, void, validate, or annul an ordinance, resolution, or
motion adopting, modifying, or amending water or sewer service fees or charges adopted after
January 1, 2022, to be commenced within 120 days of the date of final passage, adoption, or approval
of the ordinance, resolution, or motion, except as provided.
SB 403 (Gonzalez D) Drinking water: consolidation.
Current Text: Amended: 7/5/2021 html pdf
Introduced: 2/12/2021
Last Amend: 7/5/2021
Status: 7/14/2021-July 14 set for first hearing. Placed on suspense file.
Is Urgency: N
Is Fiscal: Y
Location: 7/14/2021-A. APPR. SUSPENSE FILE
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Safe Drinking Water Act authorizes the State Water Resources Control Board
to order consolidation with a receiving water system where a public water system or a state small
water system, serving a disadvantaged community, consistently fails to provide an adequate supply of
safe drinking water or where a disadvantaged community is substantially reliant on domestic wells
that consistently fail to provide an adequate supply of safe drinking water. This bill would revise those
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Page 19 of 248
consolidation provisions, including, among other revisions, authorizing the state board to also order
consolidation where a water system serving a disadvantaged community is an at-risk water system, as
defined, or where a disadvantaged community is substantially reliant on at-risk domestic wells, as
defined.
SB 480 (Stern D) Metropolitan Water District of Southern California: rules: inappropriate conduct.
Current Text: Amended: 3/15/2021 html pdf
Introduced: 2/17/2021
Last Amend: 3/15/2021
Status: 7/15/2021-From consent calendar on motion of Assembly Member Arambula. Ordered to third
reading.
Is Urgency: N
Is Fiscal: Y
Location: 7/15/2021-A. THIRD READING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Metropolitan Water District Act provides for the creation of metropolitan water districts
and specifies the powers and purposes of a district. The act requires the Metropolitan Water District of
Southern California to establish and operate an Office of Ethics and adopt rules relating to internal
disclosure, lobbying, conflicts of interest, contracts, campaign contributions, and ethics for application
to its board members, officers, and employees. This bill would require the Metropolitan Water District of
Southern California to adopt rules relating to inappropriate conduct, as defined, by board members,
officers, and employees.
SB 552 (Hertzberg D) Drought planning: small water suppliers: nontransient noncommunity water
systems.
Current Text: Amended: 7/5/2021 html pdf
Introduced: 2/18/2021
Last Amend: 7/5/2021
Status: 7/5/2021-Read second time and amended. Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 7/1/2021-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would require small water suppliers, as defined, and nontransient noncommunity water
systems that are schools, no later than December 31, 2022, to develop and maintain an abridged
Water Shortage Contingency Plan that includes specified drought-planning elements. The bill would
require these water systems to report annually specified water supply condition information to the
state board through the state board’s Electronic Annual Reporting System or other reporting tool, as
directed by the state board, and to include water system risk and water shortage information in the
water systems’ consumer confidence reports, as provided.
SB 559 (Hurtado D) Department of Water Resources: water conveyance systems: Canal Conveyance
Capacity Restoration Fund.
Current Text: Amended: 6/14/2021 html pdf
Introduced: 2/18/2021
Last Amend: 6/14/2021
Status: 7/1/2021-Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes
11. Noes 0.) (July 1). Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 7/1/2021-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would establish the Canal Conveyance Capacity Restoration Fund in the State Treasury to
be administered by the Department of Water Resources. The bill would require all moneys deposited in
the fund to be expended, upon appropriation by the Legislature, in support of subsidence repair costs,
including environmental planning, permitting, design, and construction and necessary road and bridge
upgrades required to accommodate capacity improvements. The bill would require the department to
expend from the fund, upon appropriation by the Legislature, specified monetary amounts to restore
the capacity of 4 specified water conveyance systems, as prescribed, with 2 of those 4 expenditures
being in the form of a grant to the Friant Water Authority and to the San Luis and Delta-Mendota
Water Authority. The bill would make operation of these provisions contingent on specified conditions
being met. The bill would make these provisions inoperative on July 1, 2030, and would repeal the
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Page 20 of 248
provisions as of January 1, 2031.
SB 788 (Bradford D) Workers’ compensation: risk factors.
Current Text: Amended: 6/17/2021 html pdf
Introduced: 2/19/2021
Last Amend: 6/17/2021
Status: 7/1/2021-Read third time. Passed. (Ayes 75. Noes 0.) Ordered to the Senate. In Senate.
Concurrence in Assembly amendments pending.
Is Urgency: N
Is Fiscal: N
Location: 7/1/2021-S. CONCURRENCE
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law establishes a workers’ compensation system, administered by the
administrative director of the Division of Workers’ Compensation, to compensate an employee for
injuries sustained in the course of employment. Current law requires a physician who prepares a
report addressing the issue of permanent disability due to an industrial injury to address the cause of
the permanent disability in the report, including what approximate percentage of the permanent
disability was caused by other factors before and after the industrial injury, if the physician is able to
make an apportionment determination. This bill would prohibit consideration of race, religious creed,
color, national origin, gender, marital status, sex, sexual identity, or sexual orientation to determine the
approximate percentage of the permanent disability caused by other factors. The bill would also
express the Legislature’s intent to eliminate bias and discrimination in the workers’ compensation
system.
Total Measures: 20
Total Tracking Forms: 20
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Page 21 of 248
ITEM NO. 8.1.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT:Minutes of the Board of Directors Special and Regular Meetings
Held June 22, 2021
RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
1.Draft Meeting Minutes (Special)
2.Draft Meeting Minutes (Regular)
Page 22 of 248
Minutes of the YLWD Board of Directors Special Meeting Held June 22, 2021 at 6:00 p.m. 1
2021-XXX
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS SPECIAL MEETING
Tuesday, June 22, 2021, 6:00 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. TELECONFERENCE INFORMATION
As noted on the agenda, this meeting was facilitated via teleconference pursuant
to Paragraph 3 of Executive Order N-29-20 issued by the Governor of California
on March 17, 2020.
2. CALL TO ORDER
The meeting was called to order at 6:03 p.m.
4. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
J. Wayne Miller, PhD, Vice President Brett R. Barbre, General Manager
Trudi DesRoches, Director Doug Davert, Assistant General Manager
Brooke Jones, Director Annie Alexander, Board Secretary
Tom Lindsey, Director Veronica Ortega, Executive Assistant
DIRECTORS ABSENT
Phil Hawkins, President
ALSO PRESENT
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
5. PUBLIC COMMENTS
None.
6. CLOSED SESSION
The Board entered Closed Session at 6:04 p.m.
Page 23 of 248
Minutes of the YLWD Board of Directors Special Meeting Held June 22, 2021 at 6:00 p.m. 2
2021-XXX
6.1.Conference with Real Property Negotiators
Pursuant to Section 54956.8 of the California Government Code
Property: APNs 326-021-49 and 50
Agency Negotiators: Brett R. Barbre, General Manager
Negotiating Parties: Hilltop 3 Development LLC
Under Negotiation: Price and Terms of Payment
The Board returned to Open Session at 6:43 p.m.
General Counsel Gagen announced that the Board took no reportable action
during Closed Session.
7. ADJOURNMENT
7.1.The meeting was adjourned at 6:44 p.m.
Annie Alexander
Board Secretary
Page 24 of 248
Minutes of the YLWD Board of Directors Regular Meeting Held June 22, 2021 at 6:30 p.m. 1
2021-XXX
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, June 22, 2021, 6:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. TELECONFERENCE INFORMATION
As noted on the agenda, this meeting was facilitated via teleconference pursuant
to Paragraph 3 of Executive Order N-29-20 issued by the Governor of California
on March 17, 2020.
2. CALL TO ORDER
The meeting was called to order at 6:44 p.m.
3. PLEDGE OF ALLEGIANCE
Vice President Miller led the pledge.
4. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
J. Wayne Miller, PhD, Vice President Brett R. Barbre, General Manager
Trudi DesRoches Doug Davert, Asst General Manager
Brooke Jones John DeCriscio, Operations Manager
Tom Lindsey Gina Knight, Human Resources/Risk Manager
Delia Lugo, Finance Manager
DIRECTORS ABSENT Rosanne Weston, Engineering Manager
Phil Hawkins, President Alison Martin, Public Affairs Manager
Annie Alexander, Board Secretary
Paige Appel, Budget Analyst
Ariel Bacani, Engineering Assistant III
Jeannette Guereca, Senior Engineer
Danielle Logsdon, Principal Engineer
Veronica Ortega, Executive Assistant
ALSO PRESENT
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
Page 25 of 248
Minutes of the YLWD Board of Directors Regular Meeting Held June 22, 2021 at 6:30 p.m. 2
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5. ADDITIONS/DELETIONS TO THE AGENDA
General Manager Barbre requested the Board consider taking Item No. 8.10 out
of order. This item was then removed from the Consent Calendar for separate
action.
8.10 Concurring Nomination Resolution for ACWA 2022-2023 President Election
ACWA Vice President Pamela Tobin provided an overview of her professional
experience and asked the Board to consider adopting a concurring resolution in
support of her candidacy for ACWA President.
Director DesRoches made a motion, seconded by Director Jones, to adopt
Resolution No. 2021-XX concurring in the nomination of Pamela Tobin, ACWA
Vice President, as a candidate for the office of ACWA President. Motion carried
4-0-0-1 on a roll call vote with President Hawkins absent.
5. ADDITIONS/DELETIONS TO THE AGENDA CONTINUED
Vice President Miller asked if there any additional additions or deletions to the
agenda. General Manager Barbre noted that the resolution associated with Item
No. 8.5. needed to be amended to include a recital indicating that staff would
continue to pursue grant funding for capital projects.
6. INTRODUCTIONS AND PRESENTATIONS
6.1.Elected Official Liaison Reports
None.
6.2.Federal and State Legislative Update
Staff briefed the Board on recent legislative activities related to California’s
State Budget and noted that $3.4 billion had been set aside for a drought
resiliency package that will be further negotiated in the coming months. Staff
then reviewed Townsend Public Affairs’ advocacy efforts on the District’s
behalf.
7. PUBLIC COMMENTS
None.
Page 26 of 248
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2021-XXX
8. CONSENT CALENDAR
Item Nos. 8.2. and 8.5. were removed from the Consent Calendar for separate
action.
Director Jones made a motion, seconded by Director Lindsey, to approve the
remainder of the Consent Calendar. Motion carried 4-0-0-1 on a roll call vote with
President Hawkins absent.
8.1.Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $2,592,708.00.
8.3.Cash and Investment Report for Period Ending May 31, 2021
Recommendation: That the Board of Directors receive and file the Cash and
Investment Report for Period Ending May 31, 2021.
8.4.Purchasing Policy
Recommendation: That the Board of Directors adopt Resolution No. 2021-
XX amending the Purchasing Policy and rescinding Resolution No. 2018-
37.
8.6.Water Development and Customer Service Fees
Recommendation: That the Board of Directors adopt Resolution No. 2021-
XX adopting Water Development and Customer Service Fees and
rescinding Resolution No. 2019-14.
8.7.Sewer Development and Customer Service Fees
Recommendation: That the Board of Directors adopt Resolution No. 2021-
XX adopting Sewer Development and Customer Service Fees and
rescinding Resolution No. 2019-15.
8.8 Award of Construction Contract for the Lakeview Sewer Extension Project
Recommendation: That the Board of Directors award the Construction
Contract for the Lakeview Sewer Extension Project to TE Roberts, Inc. for
$529,609.00, Job No. 2020-26S.
Page 27 of 248
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8.9 2021 Water Quality Report
Recommendation: That the Board of Directors approve the 2021 Water
Quality Report and instruct staff to make it available on the District’s website
and submit it to the State Water Resources Control Board, Division of
Drinking Water, pursuant to State and Federal law regarding electronic
delivery.
8.11 Amendments to the Personnel Manual for Unrepresented Employees
Recommendation: That the Board of Directors adopt Resolution No. 2021-
XX amending the Personnel Manual for Unrepresented Employees for the
remainder of Fiscal Years 2021-2023.
ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE ACTION
Staff responded to questions from Vice President Miller regarding the summary
financial report included with Item No. 8.2., specifically increased water
consumption and the impact on the District’s financial projections for the current
fiscal year.
Staff then addressed Director Jones’ request to add a recital to the resolution for
Item No. 8.5. indicating that staff would continue to pursue grant funding for capital
projects. No Directors expressed an objection to this request.
Director Jones made a motion, seconded by Director Miller, to approve Item No.
8.2 and Item No. 8.5. as amended.
Director DesRoches asked for confirmation that the amended resolution could be
adopted at this meeting. Staff confirmed that this was possible.
Motion carried 4-0-0-1 on a roll call vote with President Hawkins absent.
8.2.Budget to Actual Reports for the Month Ending May 31, 2021
Recommendation: That the Board of Directors receive and file the Budget
to Actual Reports for the Month Ending May 31, 2021.
8.5.Capital Asset Investment and Management Policy
Recommendation: That the Board of Directors adopt Resolution No. 2021-
XX establishing a Capital Asset Investment and Management Policy.
Page 28 of 248
Minutes of the YLWD Board of Directors Regular Meeting Held June 22, 2021 at 6:30 p.m. 5
2021-XXX
9. PUBLIC HEARING
9.1.Proposed Adoption of Addendum to the 2015 Urban Water Management
Plan, 2020 Urban Water Management Plan, and 2020 Water Shortage
Contingency Plan
Vice President Miller opened the public hearing at 7:20 p.m. He then
opened the floor to public comment for which there was none.
Staff presented the Board with verification of the Notice of Hearing and
reviewed the purpose of each plan and their major components. Following
the presentation, staff noted that no written communications from the public
had been received regarding these plans.
Vice President Miller again opened the floor to public comment for which
there was none.
The Board thanked staff for their diligent work in completing all three plans.
Vice President Miller then closed the public hearing at 7:39 p.m.
Director Jones made a motion, seconded by Director Lindsey, to approve
Item Nos. 9.2., 9.3., and 9.4. as presented. Motion carried 4-0-0-1 on a roll
call vote with President Hawkins absent.
9.2.Addendum to the 2015 Urban Water Management Plan
Recommendation: That the Board of Directors adopt Resolution No. 2021-
XX adopting the Addendum to the 2015 Urban Management Water Plan
and directing staff to submit a final copy to the Department of Water
Resources and other applicable agencies by July 1, 2021.
9.3.2020 Urban Water Management Plan
Recommendation: That the Board of Directors adopt Resolution No. 2021-
XX adopting the 2020 Urban Water Management Plan and directing staff to
submit a final copy to the Department of Water Resources and other
applicable agencies by July 1, 2021.
9.4.2020 Water Shortage Contingency Plan
Recommendation: That the Board of Directors adopt Resolution No. 2021-
XX adopting the 2020 Water Shortage Contingency Plan and directing staff
to submit a final copy to the Department of Water Resources and other
applicable agencies by July 1, 2021.
Page 29 of 248
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10. ACTION CALENDAR
10.1 Operating Budget for Fiscal Year 2021-22 (Financial Summaries)
Staff provided an overview of the District’s water and sewer infrastructure,
the approved rates and charges for the upcoming fiscal year, key aspects
of the proposed operating budget, and projected year-end financial metrics
such as days in cash, debt service coverage ratio, maintenance of AA+
rating, reserve contributions, and funding for capital projects.
Director Jones made a motion, seconded by Director DesRoches, to adopt
Resolution No. 2021-XX adopting the Operating Budget for Fiscal Year
2021-22 (Financial Summaries) and rescinding Resolution Nos. 2020-10
and 2019-18. Motion carried 4-0-0-1 on roll call vote with President Hawkins
absent.
10.2 Financial Reserves Policy for Fiscal Year 2021-22
Staff noted that the minimum and maximum funding levels for each
research had been adjusted to align with the operating budget and that a
new unrestricted reserve had been added for the purpose of offsetting
increased expenses for import water should there be an interruption in the
District’s groundwater supply.
Director Lindsey made a motion, seconded by Director Jones, to adopt
Resolution No. 2021-XX adopting a Financial Reserves Policy for Fiscal
Year 2021-22 and rescinding Resolution No. 2010-11. Motion carried
4-0-0-1 on a roll call vote with President Hawkins absent.
11. DISCUSSION ITEMS
11.1 Public Funds Investment Policy for Fiscal Year 2021-22
Staff explained that the District was required to review its investment policy
on an annual basis and that no revisions were being recommended at this
time. Discussion touched on the District’s rate of return and investment
restrictions for public agencies.
Director DesRoches made a motion, seconded by Director Jones, to keep
the Public Funds Investment Policy as is for Fiscal Year 2021-22. Motion
carried 4-0-0-1 on a roll call vote with President Hawkins absent.
Page 30 of 248
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12. REPORTS, INFORMATION ITEMS, AND COMMENTS
12.1 Director’s Reports
A list of meetings and events attended was included in the agenda packet.
12.2.General Manager’s Report
General Manager Barbre briefly reviewed the status of delinquent water bills
and associated collection efforts. He then requested feedback for reopening
Board meetings to the public for in-person attendance. It was the
consensus of the Board to conduct meetings in a hybrid format allowing for
both virtual and in-person attendance beginning in July through September.
12.3.General Counsel’s Report
General Counsel Gagen commented on other water agencies plans for
reopening their Board meetings to the public for in-person attendance and
the logistical challenges of conducting hybrid meetings.
12.4.Future Agenda Items and Staff Tasks
Vice President Miller requested staff provide a brief update on construction
of the PFAS Water Treatment Plant at the next regular Board meeting.
13. COMMITTEE REPORTS
13.1.Interagency Committee with MWDOC and OCWD
(Hawkins/DesRoches) – Next meeting will be scheduled when needed.
13.2.Joint Agency Committee with City of Yorba Linda
(Hawkins/Lindsey) – Minutes of the meeting held Monday, June 7, 2021 at
4:00 p.m. will be presented when available. Next meeting is scheduled
Monday, September 13, 2021 at 4:00 p.m.
13.3.Joint Agency Committee with City of Placentia
(Miller/Lindsey) – Next meeting will be scheduled during July 2021.
14. BOARD OF DIRECTORS ACTIVITY CALENDAR
14.1.Meetings from June 23 – July 31, 2021
Page 31 of 248
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15. ADJOURNMENT
15.1.Director Lindsey made a motion, seconded by Director DesRoches to
adjourn the meeting at 8:28 p.m. Motion carried 4-0-0-1 on a roll call vote
with President Hawkins absent.
Annie Alexander
Board Secretary
Page 32 of 248
ITEM NO. 8.2.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT:Minutes of the Board of Directors Special and Regular Meetings
Held July 13, 2021
RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
1.Draft Meeting Minutes (Special)
2.Draft Meeting Minutes (Regular)
Page 33 of 248
Minutes of the YLWD Board of Directors Special Meeting Held July 13, 2021 at 5:30 p.m. 1
2021-XXX
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS SPECIAL MEETING
Tuesday, July 13, 2021, 5:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. TELECONFERENCE PARTICIPATION
As noted on the agenda, this meeting was facilitated via teleconference pursuant
to Paragraph 3 of Executive Order N-29-20 issued by the Governor of California
on March 17, 2020.
2. CALL TO ORDER
The meeting was called to order at 5:31 p.m.
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Phil Hawkins, President Brett R. Barbre, General Manager
J. Wayne Miller, PhD, Vice President Doug Davert, Asst General Manager
Trudi DesRoches (Joined at 5:45 p.m.)Annie Alexander, Board Secretary
Brooke Jones Veronica Ortega, Executive Assistant
DIRECTORS ABSENT
Tom Lindsey
ALSO PRESENT
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
4. PUBLIC COMMENTS
None.
5. CLOSED SESSION
The Board entered Closed Session at 5:32 p.m.
Page 34 of 248
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5.1.Conference with Legal Counsel – Existing Litigation
Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the
California Government Code
Name of Case: Orange County Water District, et al. v. 3M Company,
et al. (Orange County Superior Court – Case No. 30-
2020-01172419-CU-PL-CXC)
5.2.Conference with Legal Counsel – Existing Litigation
Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the
California Government Code
Name of Case: Irvine Ranch Water District v. Orange County Water
District, et al. (Los Angeles County Superior Court –
Case No. BS168278)
5.3.Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: General Manager
The Board returned to Open Session at 6:30 p.m.
General Counsel Gagen announced that the Board took no reportable action
during Closed Session.
6. ADJOURNMENT
6.1.The meeting ended at 6:30 p.m.
Annie Alexander
Board Secretary
Page 35 of 248
Minutes of the YLWD Board of Directors Regular Meeting Held July 13, 2021 at 6:30 p.m. 1
2021-XXX
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, July 13, 2021, 6:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. TELECONFERENCE INFORMATION
As noted on the agenda, this meeting was facilitated via teleconference pursuant
to Paragraph 3 of Executive Order N-29-20 issued by the Governor of California
on March 17, 2020.
2. CALL TO ORDER
The meeting was called to order at 6:31 p.m.
3. PLEDGE OF ALLEGIANCE
President Hawkins led the pledge.
4. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Phil Hawkins, President Brett R. Barbre, General Manager
J. Wayne Miller, PhD, Vice President Doug Davert, Asst General Manager
Trudi DesRoches John DeCriscio, Operations Manager
Brooke Jones Gina Knight, Human Resources/Risk Manager
Delia Lugo, Finance Manager
Rosanne Weston, Engineering Manager
DIRECTORS ABSENT Alison Martin, Public Affairs Manager
Tom Lindsey Annie Alexander, Board Secretary
Paige Appel, Budget Analyst
Freddie Ojeda, Operations Superintendent
Veronica Ortega, Executive Assistant
ALSO PRESENT
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
Page 36 of 248
Minutes of the YLWD Board of Directors Regular Meeting Held July 13, 2021 at 6:30 p.m. 2
2021-XXX
5. ADDITIONS/DELETIONS TO THE AGENDA
None.
General Manager Barbre introduced representatives from the Chino Hills State
Park Interpretive Association and Hills for Everyone who then recognized staff for
their assistance with removing old barbed wire fencing from the state park to help
protect wildlife against injury.
General Manager Barbre then requested the Board consider taking Item No. 10.1.
at this time.
10. ACTION CALENDAR
10.1 California Special Districts Association (CSDA) Board of Directors Election
John Skerbelis, President of Rubidoux Community Services District, and Jo
MacKenzie, Vice President of Vista Irrigation District, commented on their
candidacy in the upcoming CSDA election and requested the District’s
support.
Director Jones made a motion, seconded by Director DesRoches, to vote
for Jo MacKenzie in the 2021 CSDA Election for Seat A in the Southern
Network for the 2022-24 term and instruct staff to complete and submit the
ballot on the Board’s behalf. Motion carried 4-0-0-1 on a roll call vote with
Director Lindsey absent.
6. INTRODUCTIONS AND PRESENTATIONS
6.1.Elected Official Liaison Reports
MWDOC Director Al Nederhood invited the Board to MWDOC’s Water
Policy Forum and Dinner. He then commented on recent correspondence
from MWDOC to the Department of Water Resources concerning the
proposed lowered daily standard for indoor residential water use.
6.2.Federal and State Legislative Update
Eric O’Donnell from Townsend Public Affairs briefed the Board on the
legislative calendar, the state budget, bills of interest to YLWD, and
community project funding earmarked for construction of additional heli-
hydrants.
Director Jones commended Townsend Public Affairs for their efforts to
secure funding for these projects.
Page 37 of 248
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2021-XXX
General Manager Barbre requested direction from the Board in regards to
applying for federal Coronavirus relief program funding for unpaid water
bills. He recommended that the District not apply. Discussion touched on
reconsidering this matter should funding be provided to the City of Yorba
Linda and identifying how many District customers may be in need of
financial assistance. Staff will work on the latter and report back to the
Board.
7. PUBLIC COMMENTS
Al Nederhood, commented as a resident on OCWD’s projected Basin Production
Percentage and references made to this information in the District’s 2021 Rate
Study Report and 2020 Urban Water Management Plan.
8. CONSENT CALENDAR
Director Jones made a motion, seconded by Director Miller, to approve the
Consent Calendar. Motion carried 4-0-0-1 on a roll call vote with Director Lindsey
absent.
8.1.Minutes of the Board of Directors Regular Meeting Held June 8, 2021
Recommendation: That the Board of Directors approve the minutes as
presented.
8.2.Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $1,338,512.63.
8.3.Notice of Completion for Fiscal Year 2021 Sewer CIPP Rehabilitation
Project
Recommendation: That the Board of Directors authorize staff to file the
Notice of Completion for the 2021 Sewer CIPP Rehabilitation Project, Job
2020-51S.
8.4.Declaration of Restrictive Covenants with Anthony Tuan Huynh and Desiree
Renee Huynh
Recommendation: That the Board of Directors authorize the President and
General Manager to execute the Declaration of Restrictive Covenants with
Anthony Tuan Huynh and Desiree Renee Huynh of 4770 Via Corona, Yorba
Linda.
Page 38 of 248
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2021-XXX
9. PUBLIC HEARING
9.1.Public Hearing on Collection of Sewer Maintenance Charges for Certain
Properties on the Tax Roll
President Hawkins opened the public hearing at 7:25 p.m.
Staff briefly reviewed the purpose for the public hearing and confirmed that
no written communications from the public had been received regarding this
matter.
President Hawkins then opened the meeting to public comment for which
there was none. He then closed the public hearing at 7:27 p.m.
9.2.Collection of Sewer Maintenance Charges for Certain Properties on the Tax
Roll
Director Jones made a motion, seconded by Director Miller, to adopt
Resolution No. 2021-XX electing to place sewer maintenance charges on
the property tax roll of certain properties for collection and remittance to the
District, adopting the report to place said charges on the property tax roll for
Fiscal Year 2021-22, and repealing Resolution No. 2020-12. Motion carried
4-0-0-1 on roll call vote with Director Lindsey absent.
10. ACTION CALENDAR CONTINUED
10.2 Sewer System Management Plan
Staff explained that the District was required to update this plan every 5
years or when significant operational changes are made. The intent of the
plan is to reduce the number and severity of sanitary sewer overflows. Staff
then reviewed significant changes to the plan including cleaning frequency,
enhanced maintenance measures, and removal of 1 of 2 of the District’s
sewer lift stations. Staff also noted that the District’s Wastewater Master
Plan was in the process of being updated.
Director Miller made a motion, seconded by Director Jones, to adopt
Resolution No. 2021-XX adopting the Sewer System Management Plan in
accordance with the State Water Resources Control Board’s General
Waste Discharge Requirements. Motion carried 4-0-0-1 on a roll call vote
with Director Lindsey absent.
Page 39 of 248
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2021-XXX
11. DISCUSSION ITEMS
11.1 90-Day Review of Townsend Public Affairs Legislative Services
Staff reviewed Townsend Public Affairs’ services provided over the previous
3 months and recommended the Board continue with the month-to-month
contract.
11.2 Status of Engineering Activities and Construction of PFAS Water Treatment
Plant
Staff reviewed the status of various Engineering projects including
construction of the PFAS Water Treatment Plant. Staff also touched on the
status of active developer projects.
12. REPORTS, INFORMATION ITEMS, AND COMMENTS
12.1 Director’s Reports
A list of meetings and events attended was included in the agenda packet.
12.2.General Manager’s Report
General Manager Barbre reviewed the status of delinquent water bills and
associated collection efforts. He also invited the Board to the community
open house for the new Wells Fargo Heli-hydrant and Landing Zone at the
Camino de Bryant Reservoir on July 24, 2021.
12.3.General Counsel’s Report
None.
12.4.Future Agenda Items and Staff Tasks
None.
13. COMMITTEE REPORTS
13.1.Interagency Committee with MWDOC and OCWD
(Hawkins/DesRoches) – Next meeting will be scheduled when needed.
Page 40 of 248
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2021-XXX
13.2.Joint Agency Committee with City of Yorba Linda
(Hawkins/Lindsey) – Draft Minutes of the meeting held Monday, June 7,
2021 at 4:00 p.m. were included in the agenda packet. Next meeting is
scheduled Monday, September 13, 2021 at 4:00 p.m.
13.3.Joint Agency Committee with City of Placentia
(Miller/Lindsey) – Next meeting is scheduled on Monday, August 23, 2021
at 10:30 a.m. at Placentia City Hall.
14. BOARD OF DIRECTORS ACTIVITY CALENDAR
14.1.Meetings from July 14 – August 31, 2021
15. ADJOURNMENT
15.1.Director Jones made a motion, seconded by Director Miller to adjourn the
meeting at 8:08 p.m. Motion carried 4-0-0-1 on a roll call vote with Director
Lindsey absent.
Annie Alexander
Board Secretary
Page 41 of 248
ITEM NO. 8.3.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT:Minutes of the Board of Directors Special Meeting Held July 27,
2021
RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
1.Draft Meeting Minutes (Special)
Page 42 of 248
Minutes of the YLWD Board of Directors Special Meeting Held July 27, 2021 at 5:30 p.m. 1
2021-XXX
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS SPECIAL MEETING
Tuesday, July 27, 2021, 5:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. TELECONFERENCE INFORMATION
As noted on the agenda, this meeting was facilitated via teleconference pursuant
to Paragraph 3 of Executive Order N-29-20 issued by the Governor of California
on March 17, 2020.
2. CALL TO ORDER
The meeting was called to order at 5:30 p.m.
4. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Phil Hawkins, President Brett R. Barbre, General Manager
J. Wayne Miller, PhD, Vice President Doug Davert, Assistant General Manager
Trudi DesRoches, Director John DeCriscio, Operations Manager
Brooke Jones, Director Annie Alexander, Board Secretary
Tom Lindsey, Director
ALSO PRESENT
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
5. PUBLIC COMMENTS
None.
6. ACTION CALENDAR
6.1.Determination of Agency Designated Representative
Director Jones made a motion, seconded by Director DesRoches, to
appoint Andrew Gagen, General Counsel, as the agency’s designated
representative to negotiate an amendment to the present employment
agreement with the General Manager in accordance with Government Code
Section 54957.6(a). Motion carried 5-0-0-0 on a roll call vote.
Page 43 of 248
Minutes of the YLWD Board of Directors Special Meeting Held July 27, 2021 at 5:30 p.m. 2
2021-XXX
7. CLOSED SESSION
The Board entered Closed Session at 5:32 p.m.
7.3.Conference with Legal Counsel – Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision
(d) of Section 54956.9 of the California Government Code
Number of Potential Cases: One
7.1.Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: General Manager
7.2.Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representative: Andrew Gagen, General Counsel
Unrepresented Employee: General Manager
The Board returned to Open Session at 6:58 p.m.
General Counsel Gagen announced that the Board took no reportable action
during Closed Session.
8. ADJOURNMENT
8.1.Director Jones made a motion, seconded by Director Lindsey, to adjourn
the meeting. Motion carried 5-0-0-0 on a roll call vote.
Annie Alexander
Board Secretary
Page 44 of 248
ITEM NO. 8.4.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Delia Lugo, Finance Manager
Keri Hollon, Accounting Assistant II
SUBJECT:Payments of Bills, Refunds, and Wire Transfers
RECOMMENDATION:
That the Board of Directors ratify and authorize disbursements in the amount of
$4,625,617.58.
BACKGROUND:
Pursuant to Section 31302 of the California Water Code, staff is submitting a list of
disbursements to the Board of Directors for approval. The items on this disbursement list
include: a wire of $2,041,782.64 to MWDOC for May 2021 water purchases; a wire of
$46,835.25 to So. California Edison Co. for June 2021 electricity charges at multiple locations;
a wire of $902.91 to So. California Gas Co. for June 2021 gas charges at multiple locations; a
wire of $584.00 to Switch for the remote data hosting co-location; a check of $163,527.71 to
ACWA/JPIA for August 2021 medical and dental premiums and workers compensation; a
check of $56,777.00 to A & Y Asphalt Contractors for J21-11 Camino De Bryant site work; a
check of $45,478.40 to General Pump Co., Inc. for J20-52 Well-11 abandonment; a check of
$72,217.96 to Tetra Tech Inc. for J20-37 Timber Ridge Rehabilitation.
Additionally: a wire of $546,165.68 to Orange County Water District for the replenish
assessment for January through June 2021: a wire of $330,005.00 to MWDOC for annual
retail service for FY22; a wire of $3,824.94 to Bank of America for July 2021 interest accrual
payment; a check of $70,554.00 to A & Y Asphalt Contractors for J21-11 Camino De Bryant
site work; a check of $180,500.00 to City of Yorba Linda for FY21 Annual Pavement
Preservation Program.
The balance of $437,471.01 are routine invoices.
The Accounts Payable check register total is $3,996,626.50, Payroll No. 14 total is
$311,625.78, and Payroll No. 15 total is $317,365.30; where disbursements for this agenda
report total is $4,625,617.58. A summary of the disbursements is attached.
Page 45 of 248
ATTACHMENTS:
1.Cap Sheet 08-10-21
2.Check Register 07-27-21
3.Check Register 08-10-21
4.Credit Card 08-10-21
5.BOD Credit Card 08-10-21
Page 46 of 248
Summary of Disbursements
August 10, 2021
CHECK NUMBERS:
07/27/21
08/10/21
Computer Checks
Computer Checks
78368 – 78449
78450 – 78516
$
$
556,693.15
469,832.93
$ 1,026,526.08
WIRES:
W 071221 Southern Calif Edison Co $ 46,835.25
W071521 MWDOC $ 2,041,782.64
W071521A Switch $ 584.00
W071521B Southern Calif Gas Co. $ 902.91
W072921 Orange County Water District $ 546,165.68
W072921A MWDOC $ 330,005.00
W072129B Bank of America $ 3,824.94
$ 2,970,100.42
TOTAL OF CHECKS & WIRES $ 3,996,626.50
PAYROLL NO. 14:
Direct Deposits $ 192,161.36
Payroll Taxes $ 52,292.42
EFT – CalPERS $ 47,023.14
Third Party Checks 7585 – 7589
$ 20,148.86
$ 311,625.78
PAYROLL NO. 15:
Direct Deposits $ 193,849.28
Payroll Taxes $ 51,856.76
EFT – CalPERS $ 46,780.63
Third Party Checks 7590 – 7598
$ 24,878.63
$ 317,365.30
TOTAL OF PAYROLLS $ 628,991.08
----------------------------------------------------------------------------------------------------------------------
DISBURSEMENT TOTAL: $ 4,625,617.58
==================================================================
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF AUGUST 10, 2021
==================================================================
Page 47 of 248
Check No.Date Vendor Name Amount Description
78368 07/27/2021 ROBERT LA BOSSIERE 6.26 CUSTOMER REFUND
78369 07/27/2021 AMERICAN GOLF CORP SITE #60424 57.16 CUSTOMER REFUND
78370 07/27/2021 ALVIN RUSZKOWSKI 407.63 CUSTOMER REFUND
78371 07/27/2021 STACY OWENS 66.90 CUSTOMER REFUND
78372 07/27/2021 TIM TOMMERSON 30.57 CUSTOMER REFUND
78373 07/27/2021 JESSICA TOLBERT 134.28 CUSTOMER REFUND
78374 07/27/2021 QIAN YANG 34.01 CUSTOMER REFUND
78375 07/27/2021 CHRIS BLASCO 153.93 CUSTOMER REFUND
78376 07/27/2021 CHARLES BROOKS 95.82 CUSTOMER REFUND
78377 07/27/2021 SIRAJ QURAISHI 8.00 CUSTOMER REFUND
78378 07/27/2021 RECHANNE ERRICO 40.13 CUSTOMER REFUND
78379 07/27/2021 CYNTHIA MCREYNOLDS 23.02 CUSTOMER REFUND
78380 07/27/2021 AMGAD WAWI 11.17 CUSTOMER REFUND
78381 07/27/2021 AMERICAN ASPHALT SOUTH INC.1,818.80 CUSTOMER REFUND
78382 07/27/2021 ONYX PAVING COMPANY, INC.1,596.70 CUSTOMER REFUND
78383 07/27/2021 MCKNIGHT CONSTRUCTION ENGINEERING 3,823.28 CUSTOMER REFUND
78384 07/27/2021 ACWA/JPIA 163,527.71 MEDICAL & DENTAL PREMIUM AUGUST 2021 & WORKERS COMPENSATION 41-6/21
78385 07/27/2021 AIRGAS INC 231.50 WELDING SUPPLIES
78386 07/27/2021 Albert A. Webb Associates 1,746.50 J09-22 WELL 22 PROFESSIONAL SERVICES JUNE 2021
78387 07/27/2021 Amazon Capital Services 67.98 IT OFFICE SUPPLIES
78388 07/27/2021 America's Instant Signs 3,852.07 J21-11 CAMINO DE BRYANT SIGNS, YLWD DECALS, & WINDSOCKS
78389 07/27/2021 Aramark 474.53 UNIFORM SERVICE
78390 07/27/2021 AT & T - Calnet3 1,495.16 ATT CALNET
78391 07/27/2021 A & Y Asphalt Contractors Inc.56,777.00 J21-11 CAMINO DE BRYANT SITE WORK
78392 07/27/2021 BASE HILL INC.3,712.58 JANITORIAL SERVICES
78393 07/27/2021 B.L. Wallace Distributor, Inc.1,750.29 METER LIDS
78394 07/27/2021 BrightView Tree Care Services Inc.2,004.62 LANDSCAPE SERVICE
78395 07/27/2021 City Of Placentia 3,154.05 SEWER COLLECTIONS - JUNE 2021
78396 07/27/2021 Griswold Industries dba Cla-Val Co.12,032.45 J21-11 CAMINO DE BRYANT CLA-VALVE PARTS & FAIRMONT CLA-VALVE PARTS
78397 07/27/2021 Clinical Lab. Of San Bern.1,890.00 WATER QUALITY LAB WORK
78398 07/27/2021 CliftonLarsonAllen LLP 1,000.00 J21-10/S INTERIM AUDIT FY2020-2021
78399 07/27/2021 Codekas Tools & Equipment 249.58 MECHANIC SHOP SUPPLIES
78400 07/27/2021 Culligan of Santa Ana 636.55 EQUIPMENT PE SOFTENER
78401 07/27/2021 Dell Financial Services LLC 105.89 ADOBE ACROBAT PRO SUBSCRIPTION
78402 07/27/2021 Discount Tire Centers (Andonian Enterprises Inc.)1,063.49 TIRES FOR UNIT# 236&217
78403 07/27/2021 Enthalpy Analytical, Inc.2,427.00 WATER QUALITY TESTING
78404 07/27/2021 Factory Motor Parts 710.16 PARTS FOR UNIT# 200 & 216
78405 07/27/2021 Fairway Ford Sales, Inc.372.62 PARTS FOR UNIT# 193
78406 07/27/2021 Fastenal Company 295.47 SAFETY EQUIPMENT
78407 07/27/2021 FedEx Office 23.70 SHIPPING EXPENSE
78408 07/27/2021 EyeMed 1,428.65 EYEMED PREMIUM - JULY 2021
78409 07/27/2021 General Pump Co., Inc.45,478.40 J20-52 WELL 11 ABANDONMENT
78410 07/27/2021 Grainger 154.06 MECHANIC SHOP SUPPLIES
78411 07/27/2021 Harrington Industrial 2,644.36 PRODUCTION PARTS & FACILITIES REPAIR PARTS
78412 07/27/2021 Hashtag Pinpoint 4,667.00 STRATEGIC COMMUNICATIONS JUNE 2021
78413 07/27/2021 Hydrex Pest Control 208.00 PEST CONTROL
78414 07/27/2021 Infosend Inc.4,467.90 BILLING & POSTAGE CUSTOMER BILL
78415 07/27/2021 KB Design 599.59 EMBROIDERY FOR YLWD HATS & SHIRTS
78416 07/27/2021 Kidman Gagen Law 19,993.25 LEGAL SERVICES - JUNE 2021
78417 07/27/2021 Kimball Midwest 661.85 MECHANIC SHOP SUPPLIES
78418 07/27/2021 Krieger & Stewart, Incorporated 9,802.10 J21-01 PROFESSIONAL SERVICES - MAY 2021
78419 07/27/2021 LA Networks 2,515.50 CLOUD MEETINGS (10 EMPLOYEES)
78420 07/27/2021 Line-X of Orange County 3,370.50 BED LINER FOR UNIT# 235
78421 07/27/2021 Managed Health Network 173.25 EAP - JUNE 2021
78422 07/27/2021 Mc Fadden-Dale Hardware 263.47 TOOLS & EQUIPMENT
78423 07/27/2021 Mc Master-Carr Supply Co.820.11 PRODUCTION EQUIPMENT
78424 07/27/2021 Measurement Control Systems, Inc 82.49 SEWER EQUIPMENT
78425 07/27/2021 Minuteman Press 666.64 J21-17S FOG NOTEBOOKS
78426 07/27/2021 NatPay Online Business Solutions 26.86 DOCULIVERY - JUNE 2021
78427 07/27/2021 Nickey Kard Lock Inc 5,980.04 FUEL 06/15/21-06/30/21
78428 07/27/2021 Office Solutions 40.94 OFFICE SUPPLIES
78429 07/27/2021 Orange County - Tax Collector 22,933.15 FY21/22 LAFCO ALLOCATION
78430 07/27/2021 Praxair Distribution 189.81 WELDING SUPPLIES
78431 07/27/2021 Psomas & Associates 39,970.00 J20-16S/J21-02 PROFESSIONAL SERVICES - MAY 2021 & JUNE 2021
78432 07/27/2021 P.T.I. Sand & Gravel, Inc.1,235.89 ROAD MATERIAL
78433 07/27/2021 Raftelis Financial Consultants, Inc.7,565.00 J21-22 PROFESSIONAL SERVICES JUNE 2021
For Checks Dated: 07/14/2021 thru 07/27/2021
Yorba Linda Water District
Check Register
Page 48 of 248
78434 07/27/2021 REED SILVESTRI 192.00 CERTIFICATE REIMBURSEMENT - CWEA MEMBERSHIP
78435 07/27/2021 RKI Engineering, LLC 5,160.00 J19-13 SCADA CONTROL SUPPORT
78436 07/27/2021 Robotic Sewer Solutions Inc 25,300.00 SEWER LINE REPAIRS - VARIOUS LOCATIONS
78437 07/27/2021 Robertson's 1,373.06 CONCRETE FOR SERVICE REPAIRS
78438 07/27/2021 Sergio D. Fierro 2,250.00 WEATHER STATION WORK
78439 07/27/2021 Shred Confidential, Inc.63.00 MONTHLY SHRED SERVICE
78440 07/27/2021 Rachel Padilla/Petty Cash 53.98 DISTRICT MEETING SUPPLIES & OPERATIONS OFFICE SUPPLIES
78441 07/27/2021 Sunrise Medical Group 200.00 J20-15 TESTING EXPENSE & EMPLOYEE PHYSICALS
78442 07/27/2021 Tetra Tech, Inc.72,217.96 J20-37 PROFESSIONAL SERVICES - TIMBER RIDGE
78443 07/27/2021 T-Mobile 0.30 T-MOBILE 5/21-6/20
78444 07/27/2021 Underground Service Alert 459.90 NEW TICKET CHARGES & CA STATE FEE
78445 07/27/2021 United Rentals 169.70 CONCRETE MIXER RENTAL & MIX
78446 07/27/2021 USA Blue Book 555.99 PRODUCTION EQUIPMENT
78447 07/27/2021 United Water Works, Inc.11,557.05 OPERATIONS WORK MATERIAL
78448 07/27/2021 West Coast Batteries Inc 2,055.23 VEHICLE BATTERIES - VARIOUS UNITS
78449 07/27/2021 YO Fire 1,237.61 OPERATIONS WORK MATERIAL
W071221 07/12/2021 Southern Calif Edison Co.46,835.25 ELECTRICITY CHARGES - JUNE 2021 VARIOUS LOCATIONS
W071521 07/15/2021 Municipal Water District 2,041,782.64 WATER DELIVERIES - MAY 2021
W071521A 07/15/2021 Switch Ltd 584.00 DATA HOSTING CO-LOCATION
W071521B 07/15/2021 Southern Calif Gas Co.902.91 GAS CHARGES - JUNE 2021 VARIOUS LOCATIONS
2,656,797.95
07/08/2021 PAYROLL - EMPLOYEE DIRECT DEPOSIT 192,161.36
07/08/2021 PAYROLL - PAYROLL TAX PAYMENT 52,292.42
07/08/2021 PAYROLL - CALPERS & TASC 47,023.14
7585 07/08/2021 COLONIAL LIFE & ACCIDENT 112.61
7586 07/08/2021 LINCOLN FINANCIAL GROUP 4,701.80
7587 07/08/2021 NATIONWIDE RETIREMENT SOLUTIONS 14,582.61
7588 07/08/2021 CALIFORNIA STATE DISBURSEMENT UNIT 366.92
7589 07/08/2021 CALIFORNIA STATE DISBURSEMENT UNIT 384.92
311,625.78
Payroll Checks #14
Page 49 of 248
Check No.Date Vendor Name Amount Description
78450 08/10/2021 MATHEW KELLEY 203.86 CUSTOMER REFUND
78451 08/10/2021 STEVE OZKAN 55.81 CUSTOMER REFUND
78452 08/10/2021 JOSE DAVID 39.39 CUSTOMER REFUND
78453 08/10/2021 TOLL BROTHERS - ENCLAVE 411.00 CUSTOMER REFUND
78454 08/10/2021 NEASE PROPERTY MGMT 421.68 CUSTOMER REFUND
78455 08/10/2021 TOLL BROS - ESTANCIA 1,524.27 CUSTOMER REFUND
78456 08/10/2021 HALEY IZURIETA 175.82 CUSTOMER REFUND
78457 08/10/2021 HENKELS & McCOY BU#400054 1,885.22 CUSTOMER REFUND
78458 08/10/2021 MISSION PAVING & SEALING INC.1,987.94 CUSTOMER REFUND
78459 08/10/2021 DOTY BROS EQUIP CO 1,625.70 CUSTOMER REFUND
78460 08/10/2021 MARY EBANKS 43.70 CUSTOMER REFUND
78461 08/10/2021 SUPERIOR PROPERTY MANAGEMENT 306.20 CUSTOMER REFUND
78462 08/10/2021 AIRGAS INC 53.40 WELDING SUPPLIES
78463 08/10/2021 Alex Albarran Concrete Pumping 315.00 J21-11 CAMINO DE BRYANT CONCRETE PUMPING SERVICE
78464 08/10/2021 Amazon Capital Services 551.09 BREAKROOM SUPPLIES
78465 08/10/2021 America's Instant Signs 3,259.44 DECALS FOR PFAS TANKS
78466 08/10/2021 Nexa Receptionists, LLC 552.75 VIRTUAL ASNWERING SERVICE
78467 08/10/2021 Aramark 247.70 UNIFORM SERVICE
78468 08/10/2021 A & Y Asphalt Contractors Inc.70,554.00 J21-11 CAMINO DE BRYANT SITE WORK
78469 08/10/2021 B.L. Wallace Distributor, Inc.1,931.74 METER LIDS
78470 08/10/2021 CalCard US Bank 30,693.35 CREDIT CARD TRANSACTIONS -JULY 2021
78471 08/10/2021 Carlos Murillo 105.00 CERTIFICATION REIMBURSEMENT-D4 RENEWAL
78472 08/10/2021 City Of Anaheim - Anaheim Public Utilities 2,060.40 ELECTRICAL CHARGES JUNE 2021 - VARIOUS LOCATIONS
78473 08/10/2021 City Of Yorba Linda 180,500.00 FY 20/21 ANNUAL PAVEMENT PRESERVATION PROJECT
78474 08/10/2021 Communications Lab 5,000.00 J20-45 PROF SERVICES JUNE 2021
78475 08/10/2021 Costco 120.00 MEMBERSHIP RENEWAL
78476 08/10/2021 Dion & Sons, Inc.95.16 MECHANIC SHOP SUPPLIES
78477 08/10/2021 Discount Mugs 49.50 TIRE DISPOSAL CHARGE
78478 08/10/2021 Diversified Communications Services, Inc.659.97 J21-11 CAMINO DE BRYANT RADIO & CABLES
78479 08/10/2021 Doane and Hartwig Water Systems, Inc.58.16 CL2 SYSTEM PARTS
78480 08/10/2021 Factory Motor Parts 1,024.54 PARTS FOR UNIT# 200 & 211
78481 08/10/2021 Fairway Ford Sales, Inc.130.29 PARTS FOR UNIT# 200
78482 08/10/2021 Fieldman Rolapp & Associates 906.96 PROFESSIONAL SERVICES 6/10/21-6/24/21
78483 08/10/2021 Grainger 860.41 FACILITIES TOOLS
78484 08/10/2021 Grossman & Speer Associates, Inc 1,800.00 J21-11 CAMINO DE BRYANT ENGINEERING SERVICES
78485 08/10/2021 Harrington Industrial 1,026.69 PRODUCTION PARTS
78486 08/10/2021 Industrial Hearing 850.00 HEARING TESTS FOR STAFF
78487 08/10/2021 Jackson's Auto Supply - Napa 7,750.40 PARTS FOR UNIT# 197 & MECHANIC SHOP SUPPLIES
78488 08/10/2021 Jeniece Neville 306.53 CERTIFICATION REIMBURSEMENT - T2 CLASS & EXAM
78489 08/10/2021 Koppl Pipeline Services, Inc 16,294.00 LABOR FOR VALVE INSERTION
78490 08/10/2021 Mc Fadden-Dale Hardware 296.89 TOOLS & EQUIPMENT
78491 08/10/2021 Mc Master-Carr Supply Co.362.34 PRODUCTION EQUIPMENT
78492 08/10/2021 MedPost Urgent Care 60.00 EMPLOYEE PHYSICALS
78493 08/10/2021 Minuteman Press 812.63 OPERATIONS DOOR HANGERS
78494 08/10/2021 Municipal Water District 172.82 FY21 & FY22 AMP ADMINISTRATION COSTS
78495 08/10/2021 Nick Isbell 130.00 CERTIFICATION REIMBURSEMENT - DISTRIBUTION 2
78496 08/10/2021 Nickey Kard Lock Inc 7,314.29 FUEL 7/1/21-7/15/21
78497 08/10/2021 Office Solutions 716.00 OFFICE SUPPLIES
78498 08/10/2021 Pinsinc.com 682.06 J21-11 CAMINO DE BRYANT COMMEMORATIVE COINS
78499 08/10/2021 Praxair Distribution 184.52 WELDING SUPPLIES
78500 08/10/2021 P.T.I. Sand & Gravel, Inc.2,116.97 ROAD MATERIAL
78501 08/10/2021 Quality Logo Products 236.28 YLDW RETRACTABLE CARABINERS FOR BADGES
78502 08/10/2021 Resource Computer Solutions 18,636.00 IT CONSULTING 7/15/21-8/14/21
78503 08/10/2021 RKI Engineering, LLC 9,840.00 J21-11 SCADA CONTROL SUPPORT
78504 08/10/2021 Transene Company Inc.304.24 PRODUCTION EQUIPMENT
For Checks Dated: 07/28/2021 thru 08/10/2021
Yorba Linda Water District
Check Register
Page 50 of 248
78505 08/10/2021 South Coast AQMD 7,311.28 EMISSIONS FEE
78506 08/10/2021 Sunrise Medical Group 55.00 EMPLOYEE PHYSICALS
78507 08/10/2021 Tetra Tech, Inc.32,518.00 J20-37 PROFESSIONAL SERVICES - TIMBER RIDGE JUNE 2021
78508 08/10/2021 Townsend Public Affairs, Inc.2,500.00 CONSULTING SERVICES - JULY 2021
78509 08/10/2021 United Site Services 303.77 J21-11 PORTABLE RESTROOM RENTAL
78510 08/10/2021 UNUM Life Insurance Co. of America 5,121.36 LIFE,AD&D,STD<D- AUGUST 2021
78511 08/10/2021 USA Blue Book 6,049.31 PRODUCTION EQUIPMENT - CL2 PARTS
78512 08/10/2021 U S Bank 2,750.00 ADMINISTRATION FEES 6/1/21-5/31/22
78513 08/10/2021 United Water Works, Inc.13,892.01 OPERATIONS WORK MATERIAL
78514 08/10/2021 Zetroc Electric LLC 18,429.00 J21-11 ELECTRICAL WORK
78515 08/10/2021 Konica Minolta Business 1,373.34 COPY CHARGES FOR C258 & C558
78516 08/10/2021 Safety-Kleen Systems Inc 1,227.75 HAZARDOUS MATERIAL DISPOSAL
W072921 07/29/2021 Orange County Water District 546,165.68 REPLENISH ASSESSMENT JANUARY-JUNE 2021
W072921A 07/29/2021 Municipal Water District 330,005.00 ANNUAL RETAIL SERVICE - FY21
W072921B 07/29/2021 Bank Of America 3,824.94 INTEREST ON BOA LOC - JULY 2021
1,349,828.55
07/22/2021 PAYROLL - EMPLOYEE DIRECT DEPOSIT 193,849.28
07/22/2021 PAYROLL - PAYROLL TAX PAYMENT 51,856.76
07/22/2021 PAYROLL - CALPERS & TASC 46,780.63
7590 07/22/2021 COLONIAL LIFE & ACCIDENT 112.61
7591 07/22/2021 LINCOLN FINANCIAL GROUP 4,676.75
7592 07/22/2021 NATIONWIDE RETIREMENT SOLUTIONS 14,687.88
7593 07/22/2021 CALIFORNIA STATE DISBURSEMENT UNIT 366.92
7594 07/22/2021 CALIFORNIA STATE DISBURSEMENT UNIT 384.92
7595 07/22/2021 ALLSTATE 1,320.98
7596 07/22/2021 MIDLAND 200.00
7597 07/22/2021 RELIANCE 66.61
7598 07/22/2021 AMERITAS 3,061.96
317,365.30
Payroll Checks #15
Page 51 of 248
Vendor Name Amount Description
Southwest Airlines 218.98 ARMA CONFERENCE TRAVEL EXPENSE - MILLEN, M
Southwest Airlines 20.00 ARMA CONFERENCE TRAVEL EXPENSE - MILLEN, M
Southwest Airlines 267.98 ARMA CONFERENCE TRAVEL EXPENSE - MILLEN, M
South Point Hotel 84.75 TRI STATE SEMINAR TRAVEL EXPENSE - LOGSDON, D
South Point Hotel 296.25 TRI STATE SEMINAR TRAVEL EXPENSE - MCDONALD, J
Verizon Wireless 4,051.20 VERIZON 4/21-5/20
Seismic Design Review 128.00 SEISMIC DESIGN REVIEW MANUAL
Harbor Freight Tools 43.51 TOOLS FOR VALVE CREW
AutoZone 30.15 MECHANIC SHOP SUPPLIES
Orange County Water Assn.70.00 OCWA MEMBERSHIP RENEW- HAWKINS, P
Home Depot 41.40 FACILITIES TOOLS & ELECTRICAL SUPPLIES
Home Depot 23.03 OPERATIONS MATERIAL
ACWA-Assn Of Ca Water Agencies 100.00 ACWA WEBINAR REGISTRATION - JONES, B
CALPELRA 1,090.00 CALPELRA CONFERENCE REGISTRATION - LIM, V
Saymore Trophy 460.00 J21-11 CAMINO DE BRYANT PLAQUES EXPENSE
Home Depot 612.02 MECHANIC SHOP SUPPLIES
Duke's Cafe 24.25 LUNCH MEETING - 2 ATTEND
RIMtech Inc.1,000.00 RECORDKEEPING ONLINE COURSE REGISTRATION - TA
Orange County Water Assn.70.00 OCWA MEMBERSHIP RENEW- JONES, B
Time Warner Cable 657.03 INTERNET & DISTRICT TV SERVICES
Republic Services #676 765.23 DISPOSAL SERVICE
ONLINE Information Services, Inc.521.20 ONLINE UTILITY EXCHANGE & COLLECTION
Association of California Cities - Orange County 50.00 ACC-OC EVENT REGISTRATION - BARBRE, B & DAVERT, D
ZOOM 69.98 VIRTUAL MEETING SUBSCRIPTION
Adobe 52.99 SOFTWARE LICENSE
Nexa Receptionists, LLC 494.00 AFTER HOURS PHONE SERVICE
NPELRA 195.00 NPELRA MEMBERSHIP - KNIGHT, G
Schorr Metals, Inc.412.95 METAL FOR EMERGENCY CART
BC Wire Rope & Rigging 142.23 PARTS FOR UNIT# 235
Donut Star 12.45 SAFETY MEETING SUPPLIES
Amazon Capital Services 13.04 EMPLOYEE SERVICE RECOGNITION
Amazon Capital Services 66.71 EMPLOYEE SERVICE RECOGNITION
Amazon Capital Services 93.12 ADMIN TRIPOD & PHONE ADAPTER
Home Depot 20.43 HYDRANT REPAIR MATERIAL
American Water College 399.98 D2 TRAINING COURSE - PERKINS, C
Schorr Metals, Inc.83.05 METAL FOR EMERGENCY CART
QC Supply 190.00 WAREHOUSE MATERIALS
Home Depot 53.80 LANDSCAPE REPAIR SUPPLIES
Target 19.04 OFFICE SUPPLIES
Zena's Lebanese Cuisine 57.67 LUNCH MEETING - 2 ATTEND
LPR-Laser Printer Repair Co 303.79 PLOTTER SERVICE & MATERIAL
Grainger 13.86 HYDRANT REPAIR MATERIAL
Home Depot 308.49 CONCRETE REPAIR TOOLS
Association for California Governmental Human Resources60.00 CALGOV MEMBERSHIP RENEWAL - LIM, V
Municipal Water District 850.00 MWDOC POLICY FORUM TABLE SPONSORSHIP
Air Resources Board 754.48 CARB/PERP RENEWAL
Home Depot 68.77 J21-11 CAMINO DE BRYANT PAINT SUPPLIES
Home Depot 79.91 J21-11 CAMINO DE BRYANT MATERIALS
SkyGeek.com 127.51 PRODUCTION EQUIPMENT
VONS 79.28 DISTRICT MEETING SUPPLIES
Saymore Trophy 1,391.21 J21-11 CAMINO DE BRYANT PLAQUES EXPENSE
Home Depot 99.82 LANDSCAPE REPAIR SUPPLIES
10-Aug-21
Cal Card Credit Card
U S Bank
Page 52 of 248
Smart & Final 403.27 DISTRICT MEETING SUPPLIES
Government Finance Officers 280.00 GFOA TRAINING CLASS - TRUJILLO, M & POWELL, M
Home Depot 364.20 PRODUCTION EQUIPMENT
Amazon Capital Services 176.16 ASCE STANDAR BOOK SET
Farmer Boys 59.63 FOOD FOR STAFF-INVENTORY COUNT
Schorr Metals, Inc.88.57 WATERLINE REPAIR PARTS
Time Warner Cable 215.57 INTERNET & DISTRICT TV SERVICES
Home Depot 17.47 SUPPLIES FOR SANTIAGO RESERVIOR
HOLE MOLE 22.95 OPERATIONS LUNCH MEETING - 3 ATTEND
VONS 62.06 DISTRICT MEETING SUPPLIES
Home Depot 191.70 PAINTING SUPPLIES
International Code Council 300.00 CERTIFICATE RENEWAL - MILLER, D
Farmer Boys 19.59 FOOD FOR STAFF WORKING OT
BLICK ART MATERIAL 403.16 OFFICE SUPPLIES
IN-N-OUT RESTAURANTS 40.30 FOOD FOR STAFF WORKING OT
TAPS Brewery + Kitchen 395.04 LUNCH MEETING - 14 ATTEND
Fullerton Paint & Flooring 195.41 J21-11 CAMINO DE BRYANT EPOXY PAINT
Home Depot 48.46 J21-11 CAMINO DE BRYANT CABLES
Home Depot 141.14 J21-11 CAMINO DE BRYANT TRENCHER DEPOSIT
Home Depot 278.48 J21-11 CAMINO DE BRYANT MATERIALS
Home Depot 20.36 J21-11 CAMINO DE BRYANT MATERIALS
Time Warner Cable 221.94 INTERNET & DISTRICT TV SERVICES
Tayhope Enterprise Ltd 429.92 MULTI-LATCH GATE LOCKS
Home Depot 36.89 PAINT FOR MECHANIC SHOP
Home Depot 808.92 CONCRETE REPAIR WORK MATERIALS
Ralphs 35.66 ENGINEERING MEETING SUPPLIES
Fleet Services, Inc 46.57 PARTS FOR UNIT# 207
Time Warner Cable 2,035.23 INTERNET & DISTRICT TV SERVICES
Home Depot 144.21 WORK CELL PHONE SUPPLIES
Home Depot 29.01 FACILITIES TOOLS
Target 14.43 ADMINISTRAION MEETING SUPPLIES
Roseburrough Tool Company 4,562.65 J21-11 CAMINO DE BRYANT REBAR FOR CONCRETE WORK
Home Depot 50.00 J21-11 CAMINO DE BRYANT LASER LEVEL DEPOSIT
B & M Lawn and Garden Inc 15.19 MARKING PAINT
Donut Star 34.50 SAFETY MEETING SUPPLIES
Fitness Grill 171.55 ACCOUNTING LUNCH MEETING - 6 ATTEND
Home Depot 166.18 PVC LANDSCAPE REPAIR TOOLS
Pho Vina Noodle 26.03 HUMAN RESOURCES MEETING - 3 ATTEND
Orvac Electronics 137.79 J21-11 CAMINO DE BRYANT ELECTRICAL MATERIALS
Home Depot 150.00 J21-11 CAMINO DE BRYANT PLATE COMPACTOR DEPOSIT
Home Depot 85.74 J21-11 CAMINO DE BRYANT LASER LEVEL CHARGE
Arco/AMPM 18.75 DRINKS FOR STAFF WORKING OT
Alea Cafe 34.77 FOOD FOR STAFF WORKING OT
Fantasy Burger 24.53 FOOD FOR STAFF WORKING OT
Home Depot 135.36 J21-11 CAMINO DE BRYANT MATERIALS
Home Depot 28.36 J21-11 CAMINO DE BRYANT CONCRETE BLOCKS
Home Depot 201.32 J21-11 CAMINO DE BRYANT CONCRETE BLOCKS & REBAR
Home Depot 185.79 J21-11 CAMINO DE BRYANT PRODUCTION EQUIPMENT
30,693.35
Page 53 of 248
BOD Vendor Name Document Amount Description
Hawkins, P Orange County Water Assn.70.00 OCWA MEMBERSHIP RENEW- HAWKINS, P
Jones, B ACWA-Assn Of Ca Water Agencies 100.00 ACWA WEBINAR REGISTRATION - JONES, B
Jones, B Orange County Water Assn.70.00 OCWA MEMBERSHIP RENEW- JONES, B
240.00
10-Aug-21
Cal Card Credit Card
Board of Directors
Page 54 of 248
ITEM NO. 8.5.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Delia Lugo, Finance Manager
Kelly McCann, Senior Accountant
SUBJECT:Budget to Actual Reports for the Month Ending June 30, 2021
RECOMMENDATION:
That the Board of Directors receive and file the Budget to Actual Reports for the Month Ending
June 30, 2021.
BACKGROUND:
For the month-ending June 30, 2021, staff is presenting Budget to Actual Reports for the
District as a whole, as well as the individual water and sewer funds.
Cumulative Volumetric Water Revenue, as reported through the month ending June 30, 2021,
reflects an average increase of 13.66% as compared to the prior year for the same reporting
period. Landscape/Irrigation customer connections have the highest increase in consumption
sales of 20.56% as compared to reported results from the prior year.
Total Variable Costs results, as reported through the month ending June 30, 2021, reflect a
10.41% increase when compared to prior year for the same reporting period.
STRATEGIC PLAN INITIATIVES:
G2 3B – Regularly assess net position and steps to meet strategic goals.
ATTACHMENTS:
1.Finance Reports and Graphs for June 2021
Page 55 of 248
FY21 Annual
Budget
YTD Actuals thru
June 2021
YTD % of
Budget
Water Revenue (Residential)15,424,507$ 17,118,339$ 110.98%
Water Revenue (Commercial & Fire Det.)1,889,796 1,720,003 91.02%
Water Revenue (Landscape/Irrigation)3,704,520 4,351,773 117.47%
Service Charges 11,560,123 11,551,365 99.92%
PFAS Impact Fee 987,619 740,215 74.95%
Other Operating Revenue 824,650 721,971 87.55%
Total Operating Revenue 34,391,215 36,203,666 105.27%
Revenue (Non-Operating):
Interest 600,000 166,922 27.82%
Property Taxes 1,950,000 2,047,105 104.98%
Other Non-Operating Revenue 601,646 1,203,618 200.05%
Total Non-Operating Revenue 3,151,646 3,417,645 108.44%
Total Revenue 37,542,861$ 39,621,311$ 105.54%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)
Water-Related Costs 16,035,929$ 16,315,610$ 101.74%
Fixed Costs 1,182,773 781,178 66.05%
Power-Related Costs 1,222,191 1,535,526 125.64%
Variable Water Costs Related Expenses Total 18,440,894 18,632,314 101.04%
Salary Related Expenses 10,620,399 9,202,356 86.65%
Reduction for Capital Project Labor (463,752) (289,075) 62.33%
Salary Related Expenses Total 10,156,647 8,913,281 87.76%
Supplies & Services
Communications 205,891 141,206 68.58%
Contractual Services 466,976 611,160 130.88%
Data Processing 274,924 239,479 87.11%
Dues & Memberships 85,670 74,387 86.83%
Fees & Permits 288,635 318,316 110.28%
Board Election 84,165 - 0.00%
Insurance 287,343 233,605 81.30%
Materials 621,700 666,822 107.26%
District Activities, Emp Recognition 40,130 19,709 49.11%
Maintenance 528,780 445,473 84.25%
Non-Capital Equipment 137,980 170,943 123.89%
Office Expense 32,003 33,539 104.80%
Professional Services 988,918 715,433 72.35%
Training 48,353 27,702 57.29%
Travel & Conferences 42,570 5,945 13.97%
Uncollectible Accounts 8,330 12,470 149.71%
Utilities 163,838 169,931 103.72%
Vehicle Expenses 285,260 407,792 142.95%
Supplies & Services Sub-Total 4,591,463 4,293,912 93.52%
Total Operating Expenses 33,189,004 31,839,507 95.93%
Expenses (Non-Operating)
Other Expense 117,994 474,550 402.18%
Total Non-Operating Expenses 117,994 474,550 402.18%
Total Expenses 33,306,998$ 32,314,057$ 97.02%
Net Revenues 4,235,863 7,307,254 172.51%
Less: Debt Service (Principal & Interest)2,729,381 2,774,927 101.67%
Transfer to/(from) Reserves 1,506,482 4,532,327 300.86%
Net Total -$ 0$
Yorba Linda Water District
Water Enterprise
FY21 ProForma - Use of Funds
June 2021
Page 56 of 248
Yorba Linda Water District
Summary Financial Report
Water & Sewer Funds
For Period Ending June 30, 2021
Annual YTD June YTD YTD Actual Prior Year Prior Year YTD Actual YTD Actual
Budget Budget Actual Actual (Under) Over June Actual Actual (thru vs vs
FY21 FY21 FY21 FY21 YTD Budget FY20 June 2020)PY Actual $PY Actual %
Revenue (Operating):
Water Revenue (Residential)$15,424,507 $15,424,507 1,787,702$ 17,118,339$ 1,693,832$ 1,465,964$ 14,965,101$ 2,153,238 14.39%
Water Revenue (Commercial & Fire Det.)1,889,796 1,889,796 174,389 1,720,003 (169,793)122,341 1,622,176 97,827 6.03%
Water Revenue (Landscape/Irrigation)3,704,520 3,704,520 477,480 4,351,773 647,253 375,942 3,609,735 742,038 20.56%
Water Revenue (Service Charge)11,560,123 11,560,123 972,226 11,551,365 (8,758)922,457 10,973,254 578,111 5.27%
Water Revenue (PFAS Impact Fee)987,619 987,619 148,322 740,215 (247,404)- - 740,215 100.00%
Sewer Charge Revenue 2,447,582 2,447,582 209,799 2,454,035 6,453 201,023 2,396,671 57,364 2.39%
Locke Ranch Assessments 298,525 298,525 65 301,452 2,927 - 320,419 (18,967) 0.00%
Other Operating Revenue 865,195 865,195 141,956 870,472 5,277 87,988 902,690 (32,218)-3.57%
Total Operating Revenue:37,177,867 37,177,867 3,911,939 39,107,654 1,929,787 3,175,715 34,790,046 4,317,608 12.41%
Revenue (Non-Operating):
Interest 705,000 705,000 5,551 218,231 (486,769)8,030 613,393 (395,162)-64.42%
Property Tax 1,950,000 1,950,000 14,236 2,047,105 97,105 44,207 1,936,420 110,685 5.72%
Other Non-Operating Revenue 620,846 620,846 84,578 1,226,851 606,005 91,804 914,730 312,121 34.12%
Total Non-Operating Revenue:3,275,846 3,275,846 104,365 3,492,187 216,341 144,041 3,464,543 27,644 0.80%
Total Revenue 40,453,713 40,453,713 4,016,304 42,599,841 2,146,128 3,319,756 38,254,589 4,345,252 11.36%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)18,440,894 18,440,894 2,249,247 18,632,314 191,420 2,043,360 16,875,027 1,757,287 10.41%
Salary Related Expenses 11,895,521 11,895,521 1,076,541 10,417,406 (1,478,115)703,282 9,904,635 512,771 5.18%
Supplies & Services 5,789,694 5,789,694 567,930 5,203,360 (586,334)117,902 4,763,381 439,979 9.24%
Total Operating Expenses 36,126,109 36,126,109 3,893,718 34,253,080 (1,873,029)2,864,544 31,543,043 2,710,037 8.59%
Expenses (Non-Operating):
Interest on Long Term Debt 1,236,960 1,236,960 106,513 1,293,830 56,870 111,292 1,305,966 (12,136) -0.93%
Other Expense 150,853 150,853 12,564 481,626 330,773 (40,188) 143,770 337,856 235.00%
Total Non-Operating Expenses:1,387,813 1,387,813 119,077 1,775,456 387,643 71,104 1,449,736 325,720 22.47%
Total Expenses 37,513,922 37,513,922 4,012,795 36,028,536 (1,485,386)2,935,648 32,992,780 3,035,757 9.20%
Net Position Before Capital Contributions 2,939,792 2,939,792 3,509 6,571,305 3,631,514 384,108 5,261,809 1,309,496 24.89%
Capital Contributions (Non-Cash - - 927,778 2,051,988 2,051,988 1,024 1,030,017 1,021,971 99.22%
Net Position Before Depreciation 2,939,792 2,939,792 931,287 8,623,293 5,683,502 385,132 6,291,826 2,331,467 37.06%
Depreciation & Amortization 7,775,155 7,775,155 648,328 7,854,419 79,265 643,689 7,758,306 96,113 1.24%
Total Net Position ($4,835,363)($4,835,363)$282,959 $768,874 $5,604,237 ($258,557)($1,466,479)$2,235,353 152.43%
(680,752) (680,752) (33,108) (331,272) 349,480 (12,935) (244,121) (87,151) 35.70%
(With June 30, 2020 for comparison purposes)
Page 57 of 248
Annual YTD June YTD YTD Actual Prior Year Prior YTD YTD Actual YTD - CUR
Budget Budget Actual Actual (Under)Over June Actual Actual (thru vs vs
FY21 FY21 FY21 FY21 YTD Budget FY20 June 2020) PY Actual $PY Actual %
Revenue (Operating):
Water Revenue (Residential)15,424,507$ $15,424,507 1,787,702$ 17,118,339$ 1,693,832$ 1,465,964$ 14,965,101$ 2,153,238$ 14.39%
Water Revenue (Commercial & Fire Det.)1,889,796 1,889,796 174,389 1,720,003 (169,793) 122,341 1,622,176 97,827 6.03%
Water Revenue (Landscape/Irrigation)3,704,520 3,704,520 477,480 4,351,773 647,253 375,942 3,609,735 742,038 20.56%
Water Revenue (Service Charge)11,560,123 11,560,123 972,226 11,551,365 (8,758) 922,457 10,973,254 578,111 5.27%
Water Revenue (PFAS Impact Fee)987,619 987,619 148,322 740,215 (247,404) - - 740,215 100.00%
Other Operating Revenue 824,650 824,650 70,610 721,971 (102,679) 84,340 832,241 (110,270) -13.25%
Total Operating Revenue:34,391,215 34,391,215 3,630,729 36,203,666 1,812,451 2,971,044 32,002,507 4,201,159 13.13%
Revenue (Non-Operating):
Interest 600,000 600,000 2,068 166,922 (433,078) 5,492 519,167 (352,245) -67.85%
Property Tax 1,950,000 1,950,000 14,236 2,047,105 97,105 44,207 1,936,420 110,685 5.72%
Other Non-Operating Revenue 601,646 601,646 78,313 1,203,618 601,972 80,833 859,012 344,606 40.12%
Total Non-Operating Revenue:3,151,646 3,151,646 94,617 3,417,645 265,999 130,532 3,314,599 103,046 3.11%
Total Revenue 37,542,861 37,542,861 3,725,346 39,621,311 2,078,450 3,101,576 35,317,106 4,304,205 12.19%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)18,440,894 18,440,894 2,249,247 18,632,314 191,420 2,043,360 16,875,027 1,757,287 10.41%
Salary Related Expenses 10,156,647 10,156,647 921,194 8,913,281 (1,243,366) 633,701 8,955,707 (42,426) -0.47%
Supplies & Services:
Communications 205,891 205,891 8,356 141,206 (64,685) 3,663 175,757 (34,551) -19.66%
Contractual Services 466,976 466,976 37,262 611,160 144,184 36,136 399,062 212,098 53.15%
Data Processing 274,924 274,924 22,282 239,479 (35,445) 17,606 227,356 12,123 5.33%
Dues & Memberships 85,670 85,670 3,043 74,387 (11,283) 2,606 87,376 (12,989) -14.87%
Fees & Permits 288,635 288,635 11,767 318,316 29,681 15,287 296,625 21,691 7.31%
Board Election 84,165 84,165 - - (84,165) - - - 0.00%
Insurance 287,343 287,343 18,474 233,605 (53,738) 22,427 284,209 (50,604) -17.81%
Materials 621,700 621,700 71,145 666,822 45,122 (327,942) 472,849 193,973 41.02%
District Activities, Emp Recognition 40,130 40,130 1,149 19,709 (20,421) 3,848 34,863 (15,154) -43.47%
Maintenance 528,780 528,780 79,798 445,473 (83,307) 96,708 605,383 (159,910) -26.41%
Non-Capital Equipment 137,980 137,980 31,197 170,943 32,963 10,656 132,377 38,566 29.13%
Office Expense 32,003 32,003 6,413 33,539 1,536 3,980 38,367 (4,828) -12.58%
Professional Services 988,918 988,918 81,115 715,433 (273,485) 84,466 932,921 (217,488) -23.31%
Training 48,353 48,353 5,527 27,702 (20,651) 390 32,777 (5,075) -15.48%
Travel & Conferences 42,570 42,570 1,399 5,945 (36,625) (1,781) 49,922 (43,977) -88.09%
Uncollectible Accounts 8,330 8,330 4,548 12,470 4,141 (27) 3,703 8,767 236.76%
Utilities 163,838 163,838 9,868 169,931 6,094 16,248 192,047 (22,116) -11.52%
Vehicle Equipment 285,260 285,260 31,470 407,792 122,532 27,850 380,101 27,691 7.29%
Supplies & Services Sub-Total 4,591,463 4,591,463 424,813 4,293,912 (297,551) 12,121 4,345,695 (51,783) -1.19%
Total Operating Expenses 33,189,004 33,189,004 3,595,254 31,839,507 (1,349,498) 2,689,182 30,176,429 1,663,078 5.51%
Expenses (Non-Operating):
Interest on Long Term Debt 1,236,960 1,236,960 106,513 1,293,830 56,870 111,292 1,305,966 (12,136) -0.93%
Other Expense 117,994 117,994 10,927 474,550 356,557 (32,772) 110,912 363,638 327.86%
Total Non-Operating Expenses:1,354,953 1,354,953 117,440 1,768,380 413,427 78,520 1,416,878 351,502 24.81%
Total Expenses 34,543,957 34,543,957 3,712,694 33,607,887 (936,071) 2,767,702 31,593,307 2,014,580 6.38%
Net Position Before Capital Contributions 2,998,904 2,998,904 12,652 6,013,424 3,014,520 333,874 3,723,799 2,289,625 61.49%
Capital Contributions (Non-Cash Transaction -- - 779,980 1,297,379 1,297,379 - 430,143 867,236 201.62%
GASB 34 Compliant)
Net Position Before Depreciation 2,998,904 2,998,904 792,632 7,310,803 4,311,899 333,874 4,153,942 3,156,861 76.00%
Depreciation & Amortization 6,335,693 6,335,693 524,479 6,377,037 41,344 521,830 6,316,374 60,663 0.96%
Total Net Position (3,336,789)$ (3,336,789)$ 268,153$ 933,766 4,270,555$ (187,956)$ (2,162,432) 3,096,198$ 143.18%
Capital - Direct Labor (463,752) (463,752)(28,835) (289,075) 174,677 (11,951) (213,726) (75,349) 35.26%
Yorba Linda Water District
Water Fund
For Period Ending June 30, 2021
(With June 30, 2020 for comparison purposes)
Page 58 of 248
$29,904,639
$32,556,370 $32,080,275
$34,679,455
$33,248,356
$35,317,106
$39,621,311
12.19%
$24,606,491 $23,616,635
$26,291,431
$28,480,276 $28,405,822
$31,593,307
$33,607,887
6.38%
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
$45,000,000
June. 2015 June-16 June-17 June-18 June-19 June-20 June-21
Water Revenues & Expenses -June
(excludes Depreciation, Special Items, and Contributed Capital )
Total Revenue Total Expenses
Page 59 of 248
Annual YTD June YTD YTD Actual Prior Year Prior Year YTD Actual YTD - CUR
Budget Budget Actual Actual (Under)Over June Actual Actual (thru vs vs
FY21 FY21 FY21 FY21 YTD Budget FY20 June 2020)PY Actual $PY Actual %
Revenue (Operating):
Sewer Charge Revenue $2,447,582 $2,447,582 209,799$ 2,454,035$ $6,453 201,023$ $2,396,671 57,364$ 2.39%
Locke Ranch Assessments 298,525 $298,525 65 301,452 2,927 - 320,419 (18,967) -5.92%
Other Operating Revenue 40,545 40,545 71,346 148,502 107,957 3,648 70,449 78,053 110.79%
Total Operating Revenue:2,786,652 2,786,652 281,210 2,903,989$ 117,337 204,671 2,787,539 116,450 4.18%
Revenue (Non-Operating):
Interest 105,000 105,000 3,483 51,309$ (53,691)2,538 94,226 (42,917)-45.55%
Other Non-Operating Revenue 19,200 19,200 6,264 23,233 4,033 10,971 55,718 (32,485)-58.30%
Total Non-Operating Revenue:124,200 124,200 9,747 74,542$ (49,658)13,509 149,944 (75,402) -50.29%
Total Revenue 2,910,852 2,910,852 290,957 2,978,531$ 67,679 218,180 2,937,483 41,048 1.40%
Expenses (Operating):
Salary Related Expenses 1,738,874 1,738,874 155,348 1,504,125 (234,749)69,581 948,928 555,197 58.51%
Supplies & Services:
Communications 37,134 37,134 1,475 24,727 (12,407)276 9,321 15,406 165.28%
Contractual Services 66,878 66,878 4,936 93,729 26,851 2,368 26,031 67,698 260.07%
Data Processing 41,457 41,457 3,707 35,823 (5,634)1,325 12,870 22,953 178.34%
Dues & Memberships 15,075 15,075 537 13,027 (2,048)196 6,577 6,450 98.07%
Fees & Permits 35,565 35,565 2,228 36,137 572 1,312 17,098 19,039 111.35%
Board Election 6,335 6,335 - (6,335) - 0 0.00%
Insurance 50,708 50,708 3,260 41,370 (9,338)1,688 25,376 15,994 63.03%
Materials 75,800 75,800 1,101 51,748 (24,052)978 17,608 34,140 193.89%
District Activities, Emp Recognition 6,941 6,941 199 3,471 (3,470)284 2,516 955 37.96%
Maintenance 180,820 180,820 73,714 167,098 (13,722)48,685 117,564 49,534 42.13%
Non-Capital Equipment 48,691 48,691 4,852 25,017 (23,674)10,719 33,011 (7,994)-24.22%
Office Expense 5,572 5,572 878 5,830 258 300 2,839 2,991 105.35%
Professional Services 482,272 482,272 37,996 306,437 (175,835)33,575 82,729 223,708 270.41%
Training 14,832 14,832 1,282 6,087 (8,745)231 7,485 (1,398)-18.68%
Travel & Conferences 5,630 5,630 1,101 1,829 (3,801)(134) 5,268 (3,439)-65.28%
Uncollectible Accounts 1,470 1,470 1,204 3,436 1,967 (9) 315 3,121 990.79%
Utilities 28,913 28,913 1,741 32,006 3,094 1,223 14,197 17,809 125.44%
Vehicle Equipment 94,140 94,140 2,906 61,678 (32,462)2,764 36,881 24,797 67.23%
Supplies & Services Sub-Total 1,198,231 1,198,231 143,117 909,450 (288,781) 105,781 417,686 491,764 117.74%
Total Operating Expenses 2,937,105 2,937,105 298,465 2,413,575 (523,530) 175,362 1,366,614 1,046,961 76.61%
Expenses (Non-Operating):
Interest Expense - - - - - - - -
Other Expense 32,859 32,859 1,637 7,076 (25,783) (7,416) 32,858 (25,782) -78.46%
Total Non-Operating Expenses:32,859 32,859 1,637 7,076 (25,783) (7,416) 32,858 (25,782) -78.46%
Total Expenses 2,969,964 2,969,964 300,102 2,420,651 (549,313) 167,946 1,399,472 1,021,179 72.97%
Net Position Before Capital Contributions (59,112) (59,112) (9,145) 557,880 616,992 50,234 1,538,011 (980,131) -63.73%
Capital Contributions (Non-Cash Transaction -- - 147,798 754,610 754,610 1,024 599,874 154,736 25.79%
GASB 34 Compliant)
Net Position Before Depreciation (59,112) (59,112) 138,653 1,312,490 1,371,602 51,258 2,137,885 (825,395) -38.61%
Depreciation & Amortization 1,439,462 1,439,462 123,850 1,477,382 37,920 121,859 1,441,932 35,450 2.46%
Total Net Position (1,498,574) (1,498,574) 14,803 (164,892) 1,333,682 (70,601) 695,953 (860,846) -123.69%
Capital - Direct Labor (217,000)(217,000) (4,272) (42,197)174,803 (984) (30,395)(11,802)38.83%
Yorba Linda Water District
Sewer Fund
For Period Ending June 30, 2021
(With June 30, 2020 for comparison purposes)
Page 60 of 248
$1,974,552 $2,042,109
$2,408,050 $2,439,524
$2,730,268
2,937,483
$2,978,531
1.40%
$1,219,937 $1,338,109
$1,455,716 $1,429,690 $1,360,860 $1,399,472
$2,420,651
72.97%
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
June. 2015 June-16 June-17 June-18 June-19 June-20 June-21
Sewer Revenues & Expenses -June
(excludes Depreciation, Special Items, and Contributed Capital)
Total Revenue Total Expenses
Page 61 of 248
1,460,113
1,505,340 1,358,893
1,340,186
1,143,948
1,518,953
939,601
1,019,271
788,116
1,200,582 1,311,137
1,370,194
1,671,801 1,729,514
1,512,043
1,307,477
981,384 1,019,234
657,883
460,667
590,007
945,974
1,132,782
1,305,692
1,660,561
1,492,928
1,435,706
1,361,053
1,100,471
1,058,481
772,447
1,367,226
1,231,436 1,286,293
2,065,064 2,084,721
1,469,440
1,556,303
1,448,941
1,392,832 1,103,786
1,636,877
915,454
1,372,040
1,494,768
1,898,999
2,093,627
2,249,247
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar April May June
Variable Costs Analysis
FY18 Var Costs FY19 Var Costs FY20 Var Costs FY21 Var Costs
Page 62 of 248
ITEM NO. 8.6.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Delia Lugo, Finance Manager
Kelly McCann, Senior Accountant
SUBJECT:Cash and Investment Report for Period Ending June 30, 2021
RECOMMENDATION:
That the Board of Directors receive and file the Cash and Investment Report for Period Ending
June 30, 2021.
SUMMARY:
Government Code Section 530607, et. seq., requires the person delegated to invest funds to
make monthly report of investments to the legislative body.
DISCUSSION:
The Cash & Investment Portfolio Report presents the market value and percent yield for all
District investments by institution. The Cash & Investment Summary Report includes budget
and actual interest and average term portfolio information as well as market value broken out
by reserve categories. The Fair Value Measurement Report categorizes investments with the
fair value hierarchy established by generally accepted accounting principles. The Unrestricted
Reserves and Days in Cash Graph, which is subject to change pending the completion of the
year-end audit process, presents Water Unrestricted Reserve Balances and Days in Cash at a
particular point in time for the last five years.
The average portfolio yield for the month ending June 30, 2021 is .34%.
The District's Total Cash and Investment balance as of June 30, 2021 resulted in an overall
increase in the investment balance from the previous month is approximately $148,286. A
larger balance includes an increase in the in Water Operating fund of $138,307 and Sewer
Operating Fund increase of $128,788 due to the positive net effect between operating
revenues and expenses through the reporting month of the fiscal year. The Water Capital
Project Fund had a decrease of $156,038 to cover the capital related expenses and the PARS
fund increased by $27,203 due to increase in the value of investments.
Page 63 of 248
STRATEGIC PLAN INITIATIVES:
G2 4C - Manage cash flow to maximize investment income.
ATTACHMENTS:
1.Investment Reports and Graphs for June 2021
Page 64 of 248
Market %Date of Percent
Value Par of Total Institution Maturity Yield
Checking Account:
594,344$ 594,344$ Wells Fargo Bank
594,344$ 594,344$ 1.40%Total 0.00%
Money Market Accounts:
0.34$ 0$ US Bank (Revenue Bonds)0.00%
2,125,115 2,125,115 US Bank (Money Market)0.01%
1,701,501 1,701,501 Public Agency Retirement Svcs. (PARS)
3,826,616$ 3,826,616$ 9.03%Total 0.01%
Certificates of Deposits:
179,993 180,000 HSBC BK USA, NA MC Clean CTF 08/31/21 0.50%
248,652 248,000 Wells Fargo Bank NA Sioux Falls D 08/31/21 1.60%
250,999 247,000 PrivateBank & Tr Chicago Ill CTF 03/30/22 2.16%
250,160 245,000 Capital One Bank USA 06/27/22 2.15%
250,160 245,000 Capital One Bank NA 06/27/22 2.15%
250,282 245,000 Ally Bank 06/27/22 2.20%
250,282 245,000 Sallie Mae Bank 06/27/22 2.20%
250,167 245,000 Synchrony 05/17/22 2.40%
250,797 245,000 Morgan Stanley Bank NA 06/13/22 2.49%
2,181,492$ 2,145,000$ 5.15%Total 2.03%
Pooled Investment Accounts:
35,765,848$ 35,765,848$ Local Agency Investment Fund 0.26%
35,765,848$ 35,765,848$ 84.42%0.26%
42,368,299$ 42,331,808$ 100%Total Investments 0.34%
Per Government Code requirements, the Investment Report is in compliance with the Yorba
Linda Water District's Investment Policy, and there are adequate funds available to meet
budgeted and actual expenditures for the next six months.
6/30/21
Yorba Linda Water District
Cash & Investment Portfolio Report
June 30, 2021
________________________________
Kelly McCann, Senior Accountant
Page 65 of 248
Below is a chart summarizing the yields as well as terms and maturities for the month of June 2021:
Average # of
Month Portfolio Days to
of 2021 Yield Maturity
June 0.34%15
Below are charts comparing operating fund interest for current and prior fiscal years.
Actual Interest 6/30/2020 6/30/2021
Monthly - June 8,487$ 5,551$
Year-to-Date 613,850$ 218,231$
Budget 2019/2020 2020/2021
Interest Budget, June YTD 812,306$ 705,000$
Interest Budget, Annual 812,306$ 705,000$
Interest earned on investments is recorded in the fund that owns the investment.
The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds
is as follows:
The table below displays the District's Cash and Investment balance of $42.3 million which is allocated between the established
reserve funds, Wells Fargo Checking Account, and restricted funds held at U.S. Bank for the Bond payment and PARS for
the pension/OPEB payments. The number of Days in Cash are 369 for the Un-Restricted Water Reserve balance and 1,026 for the
Un-Restricted Sewer Reserve balances, as of June 30, 2021, which is subject to change with the final audited numbers.
FY21 Reserve Cash and
Requirements Investments
May 2021 % Alloc June 2021 % Alloc "Target Available for
Fund Description Balance 5/31/2021 Balance 6/30/2021 Levels"CY Obligations
Water Operating Reserve 15,673,700$ 39.67%16,529,730$ 41.25%12,427,055$ 4,102,675$
Water Emergency Reserve 7,320,005$ 18.53%7,321,273$ 18.27%7,115,108 206,165
Water Capital Project Reserve 4,654,596$ 11.78%4,498,557$ 11.23%7,314,221 (2,815,664)
Rate Stabilization Reserve 4,231,383$ 10.71%4,237,624$ 10.57%4,093,400 144,224
Un-Restricted Water Reserve Balance 31,879,683 32,587,184$ 30,949,784 1,637,400
Conservation Reserve 105,769$ 0.27%105,769$ 0.26%- 105,769
Employee Liability Reserve 309,040 0.78%309,040 0.77%400,000 (90,960)
Restricted Reserve Balance 414,809 414,809$ 400,000 14,809
Sewer Operating Reserve 3,899,122$ 9.87%3,754,385$ 9.37%1,335,465 2,418,920
Sewer Emergency Reserve 1,964,788 4.97%1,967,317 4.91%1,914,347 52,970
Sewer Capital Project Reserve 1,348,760 3.41%1,348,760 3.37%1,909,045 (560,285)
Un-Restricted Sewer Reserve Balance 7,212,670 7,070,461$ 5,158,857 1,911,604
Total Reserve Balances 39,507,162$ 100.00%40,072,454$ 100.00%36,508,641$ 3,563,813$
Water Operating 940,670 219,947
Sewer Operating 100,871 374,397
1,041,541 594,344
Rev. Bond 2012A & 2017A-Principal & Interest 0 0
Public Agency Retirement Svc. -PARS (Restricted)1,671,309 1,701,501
Total Cash and Investments 42,220,012$ 42,368,299$
Cash & Investment Summary Report
Cash & Investment Summary Comparison Between Current and Previous Month
Wells Fargo Bank Checking
US Bank Held (Restricted)
Page 66 of 248
Checking Account:594,344$ 1.40%
Money Market Accounts:3,826,616$ 9.03%
Certificates of Deposit:2,181,492$ 5.15%
Pooled Investment Accounts:35,765,848$ 84.42%
Total 42,368,299$ 100.00%
Checking Account:
1.40%
Money Market Accounts:
9.03%
Certificates of Deposit:
5.15%
Pooled Investment Accounts:
84.42%
INVESTMENT BALANCES (AS OF 6 -30-2021)
Checking Account:Money Market Accounts:Certificates of Deposit:Pooled Investment Accounts:
Page 67 of 248
Yorba Linda Water District
Fair Value Measurement Report
June 30, 2021
Quoted Observable Unobservable
Prices Inputs Inputs
Investments Level 1 Level 2 Level 3 Total
Local Agency Investment Fund - 35,765,848 - 35,765,848
Negotiable Certificates of Deposit - 2,181,492 - 2,181,492
Total Investments -$ 37,947,339$ -$ 37,947,339$
Page 68 of 248
Transaction
Date Transaction Description
Water Operating
Pension
Water Operating
OPEB
Sewer Operating
Pension
Sewer Operating
OPEB Account Total
Beginning Balance as of 7/1/20 1,277,088.36 544,249.94 140,341.67 64,308.24 2,025,988.21
7/15/2020 Distribution to CalPERS (564,670.84)(66,721.16)1,394,596.21
7/31/2020 Management Fees (613.23)(261.33)(67.39)(30.88) 1,393,623.38
7/31/2020 Investment Gain/(Loss) 27,302.97 17,759.71 3,000.37 2,098.48 1,443,784.91
8/31/2020 Management Fees (512.47)(268.93)(53.08)(31.78) 1,442,918.65
8/31/2020 Investment Gain/(Loss) 21,644.28 16,450.81 2,241.82 1,943.82 1,485,199.38
9/30/2020 Management Fees (363.49)(276.28)(37.65)(32.65) 1,484,489.31
9/30/2020 Investment Gain/(Loss) (12,478.12)(9,485.83)(1,292.43)(1,120.84) 1,460,112.09
10/31/2020 Management Fees (370.27)(281.46)(38.35)(33.26) 1,459,388.75
10/31/2020 Investment Gain/(Loss) (6,461.91)(4,912.31)(669.30)(580.44) 1,446,764.79
11/30/2020 Mangement Fees (154.29)(117.28)(15.97)(13.86)1,446,463.38
11/30/2020 Investment Gain/(Loss) 53,115.96 40,373.94 5,499.41 4,773.07 1,550,225.76
12/31/2020 Mangement Fees (595.00)(452.26)(61.60)(53.47)1,549,063.43
12/31/2020 Investment Gain/(Loss) 22,105.52 16,802.61 2,288.71 1,986.43 1,592,246.70
1/31/2021 Mangement Fees (169.80)(129.08)(17.59)(15.25)1,591,914.98
1/31/2021 Investment Gain/(Loss) (1,582.14)(1,202.72)(163.86)(142.12)1,588,824.14
2/28/2021 Mangement Fees (633.04)(481.23)(65.57)(56.86)1,587,587.44
2/28/2021 Investment Gain/(Loss) 13,036.62 9,910.30 1,350.23 1,171.05 1,613,055.64
3/31/2021 Mangement Fees (406.76) (309.20) (42.13) (36.54) 1,612,261.01
3/31/2021 Investment Gain/(Loss) 7,205.03 5,477.19 746.24 647.21 1,626,336.68
4/30/2021 Mangement Fees (411.78)(313.03)(42.65)(36.99)1,625,532.23
4/30/2021 Investment Gain/(Loss) 23,431.12 17,813.44 2,426.89 2,104.83 1,671,308.51
5/31/2021 Mangement Fees (418.38) (318.05) (43.33) (37.58) 1,670,491.17
5/31/2021 Investment Gain/(Loss) 6,361.65 4,836.06 658.89 571.45 1,682,919.22
6/30/2021 Mangement Fees (423.91)(322.25)(43.90)(38.08)1,682,091.08
6/30/2021 Investment Gain/(Loss) 9,935.48 7,552.85 1,029.04 892.48 1,701,500.93
Account Balance by Account Type 870,961.56 662,095.61 90,207.30 78,236.46 1,701,500.93$
51.19%38.91%5.30%4.60%100%
Pension OPEB Total
Initial Contribution as of 12/28/2017 247,599.00$ - 247,599.00
Additional Contribution 6/26/19 1,105,248.00$ 587,339.00 1,692,587.00
Total Contributions =1,940,186.00
Total Distribution to CalPERS (631,392.00)$ - (631,392.00)
Total Gain (or Loss) from Inception 253,619.08$ 160,104.85 413,723.93
Total Management Fees from Inception (13,905.22)$ (7,111.78) (21,017.00)
Balance as of 6-30-21 = 961,168.86$ 740,332.07$ 1,701,500.93$
PARS (Public Agency Retirement Services) Funding Reconciliation
Page 69 of 248
$33,422,349
$27,997,128
$30,280,309 $30,253,433
$31,326,019
$32,587,184
455
396 399
425
368 369
60
110
160
210
260
310
360
410
460
510
$20,000
$5,020,000
$10,020,000
$15,020,000
$20,020,000
$25,020,000
$30,020,000
$35,020,000
$40,020,000
Jun. 16 Jun. 17 Jun. 18 Jun. 19 Jun. 20 Jun. 21
Unrestricted Reserves & Days in Cash
Unrestricted Reserves (Water)Days in Cash (Water)
Page 70 of 248
ITEM NO. 8.7.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Delia Lugo, Finance Manager
Kelly McCann, Senior Accountant
SUBJECT:Unaudited Financial Statements for the Fourth Quarter of Fiscal
Year 2020-21
RECOMMENDATION:
That the Board of Directors receive and file the Unaudited Financial Statements for Fourth
Quarter of Fiscal Year 2020-21.
BACKGROUND:
For the period ending June 30, 2021, staff is presenting preliminary “unaudited” statements in
the CAFR format. We have included a Statement of Net Position, a Debt Service Ratio
Calculation, Consolidated Budget to Actual Statement, as well as the individual Water and
Sewer Budget to Actual Statements.
As reported in the Balance Sheet of the Statement of Net Position, the District’s Net Position
reflects a negative result when compared to that of the same reporting period of the prior fiscal
year by approximately $305,810. This is prominently due to a decrease in the operating
results during the fiscal year.
Cumulative Volumetric Water Revenue, as reported for the Period Ending June 30, 2021,
reflects an average increase in customer consumption of approximately 5.95% as compared
to prior year for the same reporting period. Landscape/Irrigation classified customer
connections have had the largest increase in consumption for this reporting period.
Total Variable Water Costs results reflect a 10.15% increase when compared to prior year
results for the same reporting period. The increase in costs is reflective of the increase in
water demand and the transition of utilizing 100% import water to meet the demand from the
water system since February 2021.
With the issuance of the Refunding Revenue Bonds, Series 2017A the District covenanted
“…to fix, prescribe and collect rates and charges for Water Service which will be at least
sufficient to yield during each Fiscal Year, Net Revenues equal to 125% of the Debit Service
Page 71 of 248
for such Fiscal Year.” To confirm the covenant is upheld, staff calculates the Debt Service
Ratio quarterly and is received and filed by the Board of Directors. Accordingly, the
“unaudited” Debt Service Ratio Calculation of the Water Enterprise for the Period Ending June
30, 2021, being reported at 233%. This demonstrates the District’s strong financial health.
Please note the attached financial reports are unaudited preliminary numbers which are
subject to revision pending additional adjustments resulting from the year-end process
in developing annual financial statements on a full accrual basis.
STRATEGIC PLAN INITIATIVES:
G2 3B – Regularly assess net position and steps to meet strategic goals.
ATTACHMENTS:
1.Financial Reports and Graphs for 4th Qtr June 2021
Page 72 of 248
ASSETS June 2021 June 2020
CURRENT ASSETS:
Cash and cash equivalents 40,336,378$ 36,806,047$
Investment 2,181,492 4,232,940
Accounts receivable - water and sewer services 5,095,307 4,752,277
Accrued interest receivable 3,232 115,399
Prepaid expenses & other deposits 292,809 272,863
Inventory 264,906 331,648
TOTAL CURRENT ASSETS 48,174,124 46,511,174
NONCURRENT ASSETS:
Bond issuance costs 301,066 325,897
Deferred Pension Plan 2,224,306 2,224,306
Deferred OPEB Plan 539,981 539,981
Capital assets:
Non-depreciable 4,622,306 3,656,486
Depreciable, net of accumulated depreciation 179,359,477 183,657,557
TOTAL NONCURRENT ASSETS 187,047,136 190,404,227
TOTAL ASSETS 235,221,260 236,915,401
LIABILITIES
CURRENT LIABILITIES:
Accounts payable 6,151,045 6,068,442
Accrued expenses 302,545 1,572
Accrued OPEB 8,123 -
Accrued interest payable 367,577 382,114
Refunding Revenue Bond(s) - current portion 1,290,000 1,230,000
Compensated absences 465,035 424,842
Customer and construction deposits 1,157,576 1,096,449
Deferred revenue 169,265 170,539
TOTAL CURRENT LIABILITIES 9,911,166 9,373,958
LONG-TERM LIABILITIES (LESS CURRENT PORTION):
Deferred annexation revenue 12,122,841 12,617,886
Compensated absences 1,395,104 1,274,525
Net Pension Liability 9,372,305 9,372,305
Net OPEB Liability 1,461,264 1,461,264
Deferred Pension Plan 418,786 418,786
Deferred OPEB Plan 374,225 374,225
Deferred Inflow - Gain on Bond 87,886 92,981
Refunding Revenue Bond(s) 34,659,127 36,205,104
Line of Credit 1,443,751 1,443,751
TOTAL LONG TERM LIABILITIES (LESS
CURRENT PORTION)61,335,289 63,260,827
TOTAL LIABILITIES 71,246,455 72,634,785
NET ASSETS:163,974,805$ 164,280,616$
YORBA LINDA WATER DISTRICT
UNAUDITED COMBINING SCHEDULE OF NET ASSETS
June 30, 2021
(With June 30, 2020 Actuals for comparison only)
Page 73 of 248
June 2021 June 2020
OPERATING REVENUES:
Water sales 35,539,145$ 32,192,312$
Sewer revenues 2,741,689 2,731,285
Other operating revenues 870,517 934,367
TOTAL OPERATING REVENUES 39,151,351 35,857,964
OPERATING EXPENSES
Variable water costs 18,632,736 16,916,388
Personnel services 10,763,090 10,890,406
Supplies and services 5,458,539 4,754,719
Depreciation and amortization 7,859,258 7,757,140
TOTAL OPERATING EXPENSES 42,713,623 40,318,653
OPERATING INCOME/(LOSS)(3,562,272) (4,460,689)
NONOPERATING REVENUES (EXPENSES):
Property taxes 2,047,105 1,961,003
Investment income 218,298 694,704
Interest expense (1,293,830) (1,309,883)
Other nonoperating revenues 1,354,784 1,066,369
Other nonoperating expenses (1,121,883) (137,569)
TOTAL NONOPERATING REVENUES/EXPENSES 1,204,474 2,274,624
NET POSITION/(LOSS) BEFORE CAPITAL
CONTRIBUTIONS, SPECIAL/EXTRAORDINARY ITEM(S)(2,357,798) (2,186,065)
CAPITAL CONTRIBUTIONS 2,051,988 1,030,017
CHANGES IN NET POSITION (305,810) (1,156,048)
NET POSITION - BEGINNING OF YEAR 164,280,615 165,436,664
NET POSITION - FOR PERIOD END MARCH 31, 2021 163,974,805$ 164,280,616$
YORBA LINDA WATER DISTRICT
UNAUDITED COMBINING SCHEDULE OF REVENUES, EXPENSES
AND CHANGES IN NET ASSETS
June 30, 2021
(With June 30, 2020 Actuals for comparison only)
Page 74 of 248
YTD Debt Prior YTD PY Debt
Actual Service Actual Service
FY21 Calculation FY20 Calculation
Revenue (Operating):
Water Revenue (Residential)17,175,789$ 17,175,789$ 15,987,147$ 15,987,147$
Water Revenue (Commercial & Fire Det.)1,720,003 1,720,003 1,622,176 1,622,176$
Water Revenue (Landscape/Irrigation)4,351,773 4,351,773 3,609,735 3,609,735$
Water Revenue (Service Charge)11,551,365 11,551,365 10,973,254 10,973,254$
Water Revenue (PFAS Impact Fee)740,215 740,215 - -
Other Operating Revenue 722,015 722,015 863,918 863,918$
Total Operating Revenue:36,261,160 36,261,160 33,056,230 33,056,230
Revenue (Non-Operating):
Interest 166,989 166,989 595,315 595,315
Property Tax 2,047,105 2,047,105 1,961,003 1,961,003
Other Non-Operating Revenue 1,322,596 1,322,596 993,083 993,083
Total Non-Operating Revenue:3,536,690 3,536,690 3,549,401 3,549,401
Total Revenue 39,797,850 39,797,850 36,605,631 36,605,631
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)18,632,736 18,632,736 16,916,388 16,916,388
Salary Related Expenses 9,238,866 9,238,866 9,838,891 9,838,891
Supplies & Services 4,464,250 4,464,250 4,303,126 4,303,126
Depreciation 6,381,873 - 6,314,950 -
Total Operating Expenses 38,717,725 32,335,852 37,373,355 31,058,405
Expenses (Non-Operating):
Interest on Long Term Debt 1,293,830 - 1,309,883 -
Other Expense 1,105,852 1,105,852 109,564 109,564
Total Non-Operating Expenses:2,399,682 1,105,852 1,419,447 109,564
Total Expenses 41,117,407 33,441,704 38,792,802 31,167,969
Net Position Before Capital
Contributions/Special Items (1,319,557) 6,356,146 (2,187,171) 5,437,662
Capital Contributions (Non-Cash Transaction -1,297,379 - 430,143 -
GASB 34 Compliant)
Net Position (22,178)$ 6,356,146$ (1,757,028)$ 5,437,662$
DEBT SERVICE RATIO CALCULATION:
Net Revenues 6,356,146$ 5,437,662$
Debt Service 2,729,381$ 2,732,873$
%233% 199%
Yorba Linda Water District
Unaudited Water Enterprise Debt Service Ratio Calculation
For Period Ending June 30, 2021
(With June 30, 2020 for comparison purposes)
Page 75 of 248
Yorba Linda Water District
Summary Financial Report
Water & Sewer Funds
For Period Ending June 30, 2021
Annual YTD June YTD YTD Actual Prior Year Prior Year YTD Actual YTD Actual
Budget Budget Actual Actual (Under) Over June Actual Actual (thru vs vs
FY21 FY21 FY21 FY21 YTD Budget FY20 June 2020)PY Actual $PY Actual %
Revenue (Operating):
Water Revenue (Residential)$15,424,507 $15,424,507 1,845,152$ 17,175,789$ 1,751,282$ 2,488,010$ 15,987,147$ 1,188,642 7.43%
Water Revenue (Commercial & Fire Det.)1,889,796 1,889,796 174,389 1,720,003 (169,793)122,341 1,622,176 97,827 6.03%
Water Revenue (Landscape/Irrigation)3,704,520 3,704,520 477,480 4,351,773 647,253 375,942 3,609,735 742,038 20.56%
Water Revenue (Service Charge)11,560,123 11,560,123 972,226 11,551,365 (8,758)922,457 10,973,254 578,111 5.27%
Water Revenue (PFAS Impact Fee)987,619 987,619 148,322 740,215 (247,404)- - 740,215 100.00%
Sewer Charge Revenue 2,447,582 2,447,582 196,002 2,440,237 (7,345)212,662 2,408,310 31,927 1.33%
Locke Ranch Assessments 298,525 298,525 65 301,452 2,927 2,556 322,975 (21,523) 0.00%
Other Operating Revenue 865,195 865,195 142,001 870,517 5,322 119,666 934,367 (63,850)-6.83%
Total Operating Revenue:37,177,867 37,177,867 3,955,637 39,151,351 1,973,484 4,243,634 35,857,964 3,293,387 9.18%
Revenue (Non-Operating):
Interest 705,000 705,000 5,619 218,299 (486,701)89,342 694,705 (476,406)-68.58%
Property Tax 1,950,000 1,950,000 14,236 2,047,105 97,105 68,790 1,961,002 86,103 4.39%
Other Non-Operating Revenue 620,846 620,846 212,511 1,354,784 733,938 243,443 1,066,369 288,415 27.05%
Total Non-Operating Revenue:3,275,846 3,275,846 232,366 3,620,188 344,342 401,575 3,722,076 (101,888)-2.74%
Total Revenue 40,453,713 40,453,713 4,188,003 42,771,539 2,317,826 4,645,209 39,580,040 3,191,499 8.06%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)18,440,894 18,440,894 2,249,670 18,632,736 191,842 2,084,721 16,916,388 1,716,348 10.15%
Salary Related Expenses 11,895,521 11,895,521 1,422,226 10,763,090 (1,132,431)1,689,052 10,890,406 (127,316)-1.17%
Supplies & Services 5,789,694 5,789,694 823,107 5,458,542 (331,152)109,239 4,754,719 703,823 14.80%
Total Operating Expenses 36,126,109 36,126,109 4,495,003 34,854,368 (1,271,741)3,883,012 32,561,513 2,292,856 7.04%
Expenses (Non-Operating):
Interest on Long Term Debt 1,236,960 1,236,960 106,513 1,293,830 56,870 115,208 1,309,883 (16,053) -1.23%
Other Expense 150,853 150,853 652,821 1,121,883 971,030 (46,390) 137,569 984,314 715.51%
Total Non-Operating Expenses:1,387,813 1,387,813 759,334 2,415,713 1,027,900 68,818 1,447,452 968,261 66.89%
Total Expenses 37,513,922 37,513,922 5,254,337 37,270,081 (243,841)3,951,830 34,008,965 3,261,117 9.59%
Net Position Before Capital Contributions 2,939,792 2,939,792 (1,066,334) 5,501,458 2,561,667 693,379 5,571,075 (69,617) -1.25%
Capital Contributions (Non-Cash - - 927,778 2,051,988 2,051,988 1,024 1,030,017 1,021,971 99.22%
Net Position Before Depreciation 2,939,792 2,939,792 (138,556) 7,553,446 4,613,655 694,403 6,601,092 952,354 14.43%
Depreciation & Amortization 7,775,155 7,775,155 653,164 7,859,256 84,102 642,522 7,757,140 102,116 1.32%
Total Net Position ($4,835,363)($4,835,363)(791,720) (305,810) $4,529,553 $51,881 ($1,156,048)$850,238 73.55%
(680,752) (680,752) (33,108) (331,272) 349,480 - (231,185) (100,087) 43.29%
(With June 30, 2020 for comparison purposes)
Page 76 of 248
Annual YTD June YTD YTD Actual Prior Year Prior YTD YTD Actual YTD - CUR
Budget Budget Actual Actual (Under)Over June Actual Actual (thru vs vs
FY21 FY21 FY21 FY21 YTD Budget FY20 June 2020) PY Actual $PY Actual %
Revenue (Operating):
Water Revenue (Residential)15,424,507$ $15,424,507 1,845,152$ 17,175,789$ 1,751,282$ 2,488,010$ 15,987,147$ 1,188,642$ 7.43%
Water Revenue (Commercial & Fire Det.)1,889,796 1,889,796 174,389 1,720,003 (169,793) 122,341 1,622,176 97,827 6.03%
Water Revenue (Landscape/Irrigation)3,704,520 3,704,520 477,480 4,351,773 647,253 375,942 3,609,735 742,038 20.56%
Water Revenue (Service Charge)11,560,123 11,560,123 972,226 11,551,365 (8,758) 922,457 10,973,254 578,111 5.27%
Water Revenue (PFAS Impact Fee)987,619 987,619 148,322 740,215 (247,404) - - 740,215 100.00%
Other Operating Revenue 824,650 824,650 70,655 722,015 (102,635) 116,017 863,918 (141,903) -16.43%
Total Operating Revenue:34,391,215 34,391,215 3,688,224 36,261,160 1,869,945 4,024,767 33,056,230 3,204,930 9.70%
Revenue (Non-Operating):
Interest 600,000 600,000 2,136 166,989 (433,011) 81,641 595,315 (428,326) -71.95%
Property Tax 1,950,000 1,950,000 14,236 2,047,105 97,105 68,790 1,961,003 86,103 4.39%
Other Non-Operating Revenue 601,646 601,646 197,291 1,322,596 720,950 214,904 993,083 329,512 33.18%
Total Non-Operating Revenue:3,151,646 3,151,646 213,663 3,536,690 385,044 365,335 3,549,401 (12,711) -0.36%
Total Revenue 37,542,861 37,542,861 3,901,887 39,797,850 2,254,989 4,390,102 36,605,631 3,192,219 8.72%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)18,440,894 18,440,894 2,249,670 18,632,736 191,842 2,084,721 16,916,388 1,716,348 10.15%
Salary Related Expenses 10,156,647 10,156,647 1,246,778 9,238,866 (917,781) 1,516,884 9,838,891 (600,025) -6.10%
Supplies & Services:
Communications 205,891 205,891 7,312 140,163 (65,728) 3,663 175,757 (35,594) -20.25%
Contractual Services 466,976 466,976 48,128 622,026 155,050 37,595 400,521 221,505 55.30%
Data Processing 274,924 274,924 58,848 276,044 1,120 17,606 227,356 48,688 21.41%
Dues & Memberships 85,670 85,670 3,764 75,108 (10,562) 2,606 87,376 (12,268) -14.04%
Fees & Permits 288,635 288,635 19,431 325,980 37,345 31,658 312,996 12,984 4.15%
Board Election 84,165 84,165 - - (84,165) - - - 0.00%
Insurance 287,343 287,343 18,474 233,605 (53,738) 22,427 284,209 (50,604) -17.81%
Materials 621,700 621,700 67,905 663,581 41,881 (315,655) 485,136 178,445 36.78%
District Activities, Emp Recognition 40,130 40,130 2,003 20,563 (19,567) 3,848 34,863 (14,300) -41.02%
Maintenance 528,780 528,780 186,602 552,277 23,497 (3,425) 505,250 47,027 9.31%
Non-Capital Equipment 137,980 137,980 33,082 172,829 34,849 10,656 132,377 40,452 30.56%
Office Expense 32,003 32,003 6,802 33,928 1,925 3,980 38,367 (4,439) -11.57%
Professional Services 988,918 988,918 84,192 718,510 (270,408) 101,968 950,423 (231,913) -24.40%
Training 48,353 48,353 7,927 30,102 (18,251) 435 32,822 (2,720) -8.29%
Travel & Conferences 42,570 42,570 3,781 8,326 (34,244) (1,781) 49,922 (41,596) -83.32%
Uncollectible Accounts 8,330 8,330 4,548 12,470 4,141 (27) 3,703 8,768 236.81%
Utilities 163,838 163,838 10,740 170,804 6,967 19,147 194,946 (24,142) -12.38%
Vehicle Equipment 285,260 285,260 31,613 407,934 122,674 34,851 387,102 20,831 5.38%
Supplies & Services Sub-Total 4,591,463 4,591,463 595,152 4,464,250 (127,213) (30,448) 4,303,126 161,125 3.74%
Total Operating Expenses 33,189,004 33,189,004 4,091,600 32,335,852 (853,153) 3,571,157 31,058,405 1,277,447 4.11%
Expenses (Non-Operating):
Interest on Long Term Debt 1,236,960 1,236,960 106,513 1,293,830 56,870 115,208 1,309,883 (16,053) -1.23%
Other Expense 117,994 117,994 642,229 1,105,852 987,859 (34,120) 109,564 996,288 909.32%
Total Non-Operating Expenses:1,354,953 1,354,953 748,742 2,399,682 1,044,729 81,088 1,419,447 980,235 69.06%
Total Expenses 34,543,957 34,543,957 4,840,342 34,735,534 191,576 3,652,245 32,477,852 2,257,682 6.95%
Net Position Before Capital Contributions 2,998,904 2,998,904 (938,455) 5,062,316 2,063,412 737,857 4,127,779 934,537 22.64%
Capital Contributions (Non-Cash Transaction -- - 779,980 1,297,379 1,297,379 - 430,143 867,236 201.62%
GASB 34 Compliant)
Net Position Before Depreciation 2,998,904 2,998,904 (158,475) 6,359,695 3,360,791 737,857 4,557,922 1,801,773 39.53%
Depreciation & Amortization 6,335,693 6,335,693 529,314 6,381,873 46,180 520,406 6,314,950 66,923 1.06%
Total Net Position (3,336,789)$ (3,336,789)$ (687,789)$ (22,178) 3,314,611$ 217,451$ (1,757,028) 1,734,850$ 98.74%
Capital - Direct Labor (463,752) (463,752)(28,835) (289,075) 174,677 - (201,775) (87,300) 43.27%
Yorba Linda Water District
Water Fund
For Period Ending June 30, 2021
(With June 30, 2020 for comparison purposes)
Page 77 of 248
$29,845,683
$33,050,080 $32,724,012
$35,517,178
$34,301,388
$36,605,631
$39,797,850
8.72%
$25,096,899
$23,296,906
$26,654,481
$28,950,391 $28,895,074
$32,477,852
$34,735,534
6.95%
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
$45,000,000
Jun. 2015 Jun. 2016 Jun. 2017 Jun. 2018 Jun. 2019 Jun. 2020 Jun. 2021
Water Revenues & Expenses -4th Qtr 2021
(excludes Depreciation, Special Items, and Contributed Capital )
Total Revenue Total Expenses
Page 78 of 248
Annual YTD June YTD YTD Actual Prior Year Prior Year YTD Actual YTD - CUR
Budget Budget Actual Actual (Under)Over June Actual Actual (thru vs vs
FY21 FY21 FY21 FY21 YTD Budget FY20 June 2020)PY Actual $PY Actual %
Revenue (Operating):
Sewer Charge Revenue $2,447,582 $2,447,582 196,002$ 2,440,237$ ($7,345)212,662$ $2,408,310 31,927$ 1.33%
Locke Ranch Assessments 298,525 $298,525 65 301,452 2,927 2,556 322,975 (21,523) -6.66%
Other Operating Revenue 40,545 40,545 71,346 148,502 107,957 3,648 70,449 78,053 110.79%
Total Operating Revenue:2,786,652 2,786,652 267,413 2,890,191$ 103,539 218,866 2,801,734 88,457 3.16%
Revenue (Non-Operating):
Interest 105,000 105,000 3,483 51,309$ (53,691)7,700 99,389 (48,080)-48.38%
Other Non-Operating Revenue 19,200 19,200 15,220 32,188 12,988 28,539 73,286 (41,098)-56.08%
Total Non-Operating Revenue:124,200 124,200 18,703 83,497$ (40,703)36,239 172,675 (89,178) -51.65%
Total Revenue 2,910,852 2,910,852 286,116 2,973,688$ 62,836 255,105 2,974,409 (722) -0.02%
Expenses (Operating):
Salary Related Expenses 1,738,874 1,738,874 175,447 1,524,225 (214,649)172,168 1,051,515 472,710 44.96%
Supplies & Services:
Communications 37,134 37,134 1,251 24,504 (12,630)276 9,321 15,183 162.89%
Contractual Services 66,878 66,878 4,892 93,686 26,808 2,368 26,031 67,656 259.91%
Data Processing 41,457 41,457 3,707 35,823 (5,634)1,325 12,870 22,953 178.34%
Dues & Memberships 15,075 15,075 212 12,701 (2,374)196 6,577 6,124 93.10%
Fees & Permits 35,565 35,565 2,228 36,137 572 1,336 17,123 19,014 111.04%
Board Election 6,335 6,335 - (6,335) - 0 0.00%
Insurance 50,708 50,708 3,260 41,370 (9,338)1,688 25,376 15,994 63.03%
Materials 75,800 75,800 5,274 55,921 (19,879)978 17,608 38,313 217.59%
District Activities, Emp Recognition 6,941 6,941 197 3,469 (3,472)284 2,516 953 37.88%
Maintenance 180,820 180,820 155,214 248,598 67,778 69,231 138,110 110,488 80.00%
Non-Capital Equipment 48,691 48,691 4,852 25,017 (23,674)10,719 33,011 (7,994)-24.22%
Office Expense 5,572 5,572 878 5,830 258 300 2,839 2,991 105.35%
Professional Services 482,272 482,272 37,996 306,437 (175,835)46,911 96,065 210,372 218.99%
Training 14,832 14,832 951 5,756 (9,076)231 7,485 (1,729)-23.10%
Travel & Conferences 5,630 5,630 1,193 1,921 (3,709)(134) 5,268 (3,347)-63.53%
Uncollectible Accounts 1,470 1,470 1,204 3,436 1,967 (9) 315 3,122 992.53%
Utilities 28,913 28,913 1,741 32,006 3,094 1,223 14,197 17,809 125.44%
Vehicle Equipment 94,140 94,140 2,906 61,677 (32,463)2,764 36,881 24,795 67.23%
Supplies & Services Sub-Total 1,198,231 1,198,231 227,956 994,289 (203,942) 139,687 451,593 542,695 120.17%
Total Operating Expenses 2,937,105 2,937,105 403,403 2,518,514 (418,591) 311,855 1,503,108 1,015,406 67.55%
Expenses (Non-Operating):
Interest Expense - - - - - - - -
Other Expense 32,859 32,859 10,592 16,031 (16,828) (12,270) 28,005 (11,974) -42.76%
Total Non-Operating Expenses:32,859 32,859 10,592 16,031 (16,828) (12,270) 28,005 (11,974) -42.76%
Total Expenses 2,969,964 2,969,964 413,995 2,534,545 (435,419) 299,585 1,531,113 1,003,432 65.54%
Net Position Before Capital Contributions (59,112) (59,112) (127,879) 439,143 498,255 (44,480) 1,443,296 (1,004,154) -69.57%
Capital Contributions (Non-Cash Transaction -- - 147,798 754,609 754,609 1,024 599,874 154,735 25.79%
GASB 34 Compliant)
Net Position Before Depreciation (59,112) (59,112) 19,919 1,193,752 1,252,864 (43,456) 2,043,170 (849,419) -41.57%
Depreciation & Amortization 1,439,462 1,439,462 123,850 1,477,384 37,922 122,116 1,442,190 35,194 2.44%
Total Net Position (1,498,574) (1,498,574) (103,931) (283,632) 1,214,942 (165,572) 600,980 (884,613) -147.19%
Capital - Direct Labor (217,000)(217,000) (4,272) (42,197)174,803 - (29,410)(12,787)43.48%
Yorba Linda Water District
Sewer Fund
For Period Ending June 30, 2021
(With June 30, 2020 for comparison purposes)
Page 79 of 248
$1,974,552 $2,046,945
$2,424,611 $2,471,895
$2,769,566
$2,974,409
$2,973,688
-0.02%
$1,219,939 $1,288,720
$1,408,918
$1,508,711 $1,549,127 $1,531,113
$2,534,545
65.54%
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
Jun. 2015 Jun. 2016 Jun. 2017 Jun. 2018 Jun. 2019 Jun. 2020 Jun. 2021
Sewer Revenues & Expenses -4th Qtr 2021
(excludes Depreciation, Special Items, and Contributed Capital)
Total Revenue Total Expenses
Page 80 of 248
ITEM NO. 8.8.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Delia Lugo, Finance Manager
Keri Hollon, Accounting Assistant II
SUBJECT:Directors' and General Manager Fees and Expenses Report for
Fourth Quarter of Fiscal Year 2020-21
RECOMMENDATION:
That the Board of Directors receive and file the Directors' and General Manager Fees and
Expenses Report for Fourth Quarter of Fiscal Year 2020-21.
ATTACHMENTS:
1.Travel and Expense Report for Q4 of FY20-21
2.BOD and GM Summary for Q4 of FY20-21
3.BOD and GM Summary for FYTD20-21
Page 81 of 248
Role Name GL Date Trip Date Trip Name Trip Location Event Grand Total
Directors Jones 4/21/2021 3/31/2021 Groundwater Extraction Webinar Virtual 25.00$ 25.00$
5/17/2021 5/12-513/21 ACWA Spring Conference Virtual 375.00$ 375.00$
6/30/2021 Summer 2021 ACWA Regions Webinar Virtual 100.00$ 100.00$
Jones Total 500.00$ 500.00$
Miller 5/17/2021 4/12/2021 UCI CEE Quarterly Meeting Virtual 10.00$ 10.00$
Miller Total 10.00$ 10.00$
Directors Total 510.00$ 510.00$
Grand Total 510.00$ 510.00$
DIRECTOR'S & GENERAL MANAGER'S RECAP OF TRAVEL/CONFERENCE EXPENSES
FOURTH QUARTER OF FY 21
APRIL - JUNE 2021
Page 82 of 248
HAWKINS MILLER JONES DESROCHES LINDSEY SUB-TOTAL BARBRE TOTAL
REGULAR MEETINGS ATTENDED 3 4 4 4 4 19
SPECIAL MEETINGS ATTENDED
COMMITTEE MEETINGS ATTENDED 1 1 2
OTHER MEETINGS ATTENDED 18 16 26 7 12 79
TOTAL MEETINGS ATTENDED QTD 22 20 30 11 17 100 100
DIRECTOR FEES QTD $3,300 $3,000 $4,500 $1,650 $2,550 $15,000 $15,000
MEETING FEES BUDGET QTD $4,500 $4,500 $4,500 $4,500 $4,500 $22,500 $22,500
TRAVEL & CONF. EXPENSES QTD $0 $10 $500 $0 $0 $510 $510
TRAVEL & CONF. BUDGET QTD $1,000 $1,000 $1,000 $1,000 $1,000 $5,000 $5,000
DIR.FEES AND EXPENSES QTD $3,300 $3,010 $5,000 $1,650 $2,550 $15,510 $15,510
FEES AND EXPENSES BUDGET QTD $5,500 $5,500 $5,500 $5,500 $5,500 $27,500 $27,500
GEN MGR EXPENSES QTD $0 $0
GEN MGR TRAVEL/CONF. BUDGET QTD $750 $750
TOTAL FEES & EXPENSES QTD $3,300 $3,010 $5,000 $1,650 $2,550 $15,510 $0 $15,510
TOTAL FEES & EXPENSES BUDGET QTD $5,500 $5,500 $5,500 $5,500 $5,500 $27,500 $750 $28,250
YORBA LINDA WATER DISTRICT
DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES
4TH QUARTER REPORT FROM 04-01-2021 TO 06-30-2021
FY 21
Page 83 of 248
HAWKINS MILLER HALL NEDERHOOD JONES DESROCHES LINDSEY SUB-TOTAL BARBRE TOTAL
REGULAR MEETINGS ATTENDED 13 14 5 5 14 9 8 68
COMMITTEE MEETINGS ATTENDED 3 1 1 1 1 1 1 9
SPECIAL MEETINGS ATTENDED 2 1 2 1 1 7
OTHER MEETINGS ATTENDED 73 75 1 42 102 19 26 338
TOTAL MEETINGS ATTENDED QTD 91 91 7 48 119 30 36 422 422
DIRECTOR FEES QTD $13,650 $13,650 $1,050 $7,200 $17,850 $4,500 $5,400 $63,300 $63,300
MEETING FEES BUDGET QTD $18,000 $18,000 $7,500 $7,500 $18,000 $12,000 $9,000 $90,000 $90,000
TRAVEL & CONF. EXPENSES QTD $25 $10 $0 $478 $1,368 $35 $240 $2,156 $2,156
TRAVEL & CONF. BUDGET QTD $4,000 $4,000 $1,667 $1,667 $4,000 $2,666 $2,000 $20,000 $20,000
DIR.FEES AND EXPENSES QTD $13,675 $13,660 $1,050 $7,678 $19,218 $4,535 $5,640 $65,456 $65,456
FEES AND EXPENSES BUDGET QTD $22,000 $22,000 $9,167 $9,167 $22,000 $14,666 $11,000 $110,000 $110,000
GEN MGR EXPENSES QTD $0 $0
GEN MGR TRAVEL/CONF. BUDGET QTD $3,000 $3,000
TOTAL FEES & EXPENSES QTD $13,675 $13,660 $1,050 $7,678 $19,218 $4,535 $5,640 $65,456 $0 $65,456
TOTAL FEES & EXPENSES BUDGET QTD $22,000 $22,000 $9,167 $9,167 $22,000 $14,666 $11,000 $110,000 $3,000 $113,000
YORBA LINDA WATER DISTRICT
DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES
YEAR-TO-DATE REPORT FROM 07-01-2020 TO 06-30-2021
FY 21
Page 84 of 248
ITEM NO. 8.9.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Rosanne Weston, Engineering Manager
SUBJECT:Repeal of Ordinance Conflicting with Water Shortage Contingency
Plan
RECOMMENDATION:
That the Board of Directors adopt Ordinance No. 2021-XX repealing Ordinance No. 09-01 due
to a conflict with the District's Water Shortage Contingency Plan.
SUMMARY:
In May 2009 the District adopted Ordinance No. 09-01 in the wake of a declared State of
Emergency to address the then-statewide water shortage. With the adoption of Resolution
No. 2021-28 adopting the Water Shortage Contingency Plan ("Plan"), Ordinance No. 09-01 is
no longer applicable. Should a new drought emergency be declared, the District may need to
adopt a new ordinance to implement elements of the Plan, but that is not required at this time.
FISCAL IMPACT:
None.
BACKGROUND:
In February 2009 the Governor of the State of California declared a State of Emergency to
address the statewide water shortage, requesting that all Californians reduce their water use
by twenty (20) percent and asking all water agencies to assist their customers in reducing their
use through a water conservation program.
The Metropolitan Water District of Southern California, Municipal Water District of Orange
County, and Orange County Water District subsequently adopted water conservation policies
and programs in support of the Governor’s efforts to address the drought emergency.
In May 2009 the Yorba Linda Water District (YLWD) Board of Directors adopted Ordinance
No. 09-01 instituting water conservation measures, prohibitions against water waste, and
water shortage supply contingencies in order to set forth a water conservation program for its
Page 85 of 248
customers.
At its Board Meeting in June 2021, the Board of Directors adopted Resolution 2021-28
adopting the Water Shortage Contingency Plan ("Plan"). The Plan sets forth a plan that
addresses water supply shortage and conflicts with the outdated language of Ordinance 09-
01. While the Board of Directors may need to adopt a new ordinance in the future to
implement portions of the Plan should another drought emergency be declared, no such
action is required at this time.
Staff recommends repealing Ordinance No. 09-01 to eliminate its conflict with the Plan.
ATTACHMENTS:
1.Ordinance No. 2021-XX - Repealing Ordinance 09-01 Due to Conflict with WSCP
Page 86 of 248
Ordinance No. 2021-XX Repealing Ordinance No. 09-01 Due to Conflict with District’s Water Shortage Contingency Plan 1
ORDINANCE NO. 2021-XX
ORDINANCE OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
REPEALING ORDINANCE NO. 09-01 DUE TO CONFLICT WITH THE
DISTRICT’S WATER SHORTAGE CONTINGENCY PLAN
WHEREAS,in February 2009 the Governor of the State of California declared a State of
Emergency to address the statewide water shortage, requesting that all
Californians reduce their water use by twenty (20) percent and asking all
water agencies to assist their customers in reducing their use through a
water conservation program.
WHEREAS,the Metropolitan Water District of Southern California, Municipal Water
District of Orange County, and Orange County Water District subsequently
adopted water conservation policies and programs in support of the
Governor’s efforts to address the drought emergency.
WHEREAS,in May 2009 the Yorba Linda Water District (YLWD) Board of Directors
adopted Ordinance No. 09-01 instituting water conservation measures,
prohibitions against water waste, and water shortage supply contingencies
in order to set forth a water conservation program for its customers.
WHEREAS,in June 2021 the YLWD Board of Directors adopted Resolution No. 2021-
28 adopting a Water Shortage Contingency Plan which is specifically
designed to prepare for and respond to water shortages and conflicts with
Ordinance No. 09-01.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
SECTION 1.That Ordinance No. 09-01 is hereby repealed effective August 10, 2021.
Page 87 of 248
Ordinance No. 2021-XX Repealing Ordinance No. 09-01 Due to Conflict with District’s Water Shortage Contingency Plan 2
PASSED AND ADOPTED this 10th day of August 2021 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
J. Wayne Miller, PhD, Vice President
Yorba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. Gagen, Esq.
Kidman Gagen Law LLP
Page 88 of 248
ITEM NO. 8.10.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT:Amending Conflict of Interest Code
RECOMMENDATION:
That the Board of Directors adopt Resolution No. 2021-XX adopting a Conflict of Interest Code
which supersedes all prior conflict of interest codes and amendments previously adopted.
BACKGROUND:
In compliance with the Political Reform Act (Section 81000 et. seq. of the California
Government Code), the Board of Directors has adopted a Conflict of Interest Code (Code)
governing the disclosure of financial interests by certain designated employees of the District.
The Act also requires every local government agency to amend its Code whenever designated
positions need to be renamed, added to, or removed from the agency's current Code. Due to
some recent changes, staff has identified the following minor revisions to the District's Code
and has prepared the attached for the Board's consideration.
The positions of Assistant Engineer III, Budget Analyst, Chief Water System Operator, and
Senior Executive Assistant were added.
PRIOR RELEVANT BOARD ACTION:
The District's Code was last amended on December 8, 2020.
ATTACHMENTS:
1.Conflict of Interest Code - Redline
2.Resolution No. 2021-XX - Adopting Conflict of Interest Code
3.Conflict of Interest Code - Final Draft
Page 89 of 248
Conflict of Interest Code
EXHIBIT A (Final Draft)
Entity:Water Districts
Yorba Linda Water DistrictAgency:
Position Disclosure Category Files With Status
Assistant Engineer II OC-05 COB Unchanged
Assistant Engineer III OC-05 COB Added
Reason: Newly created position.
Associate Engineer OC-05 COB Unchanged
Chief Water System Operator OC-05 COB Added
Reason: Position was reinstated.
Consultant OC-30 Agency Unchanged
Customer Service Billing Administrator OC-05 COB Unchanged
Director of Public Affairs OC-41 COB Unchanged
Engineering Manager OC-41 COB Unchanged
General Counsel OC-01 COB Unchanged
Human Resources and Risk Manager OC-41 COB Unchanged
Information Systems Administrator OC-05 COB Unchanged
Information Technology Manager OC-41 COB Unchanged
Labor Counsel OC-01 COB Unchanged
Maintenance Superintendent OC-05 COB Unchanged
Management Analyst OC-05 COB Unchanged
Operations Assistant OC-05 COB Unchanged
Operations Manager OC-41 COB Unchanged
Operations Superintendent OC-05 COB Unchanged
Principal Engineer OC-05 COB Unchanged
Production Superintendent OC-05 COB Unchanged
Public Affairs Manager OC-05 COB Unchanged
Senior Accountant OC-05 COB Unchanged
Senior Engineer OC-05 COB Unchanged
Senior Executive Assistant/Board Secretary OC-05 COB Added
Reason: Assigned duties modified.
Senior Information Systems Administrator OC-05 COB Unchanged
Senior Management Analyst OC-05 COB Unchanged
Senior Project Manager OC-05 COB Unchanged
July 28 2021 05:45:16 PM Page 1 of 2
Page 90 of 248
Conflict of Interest Code
EXHIBIT A (Final Draft)
Entity:Water Districts
Yorba Linda Water DistrictAgency:
Total: 27
OFFICIALS WHO ARE SPECIFIED IN GOVERNMENT CODE SECTION 87200
Officials who are specified in Government Code section 87200 (including officials who manage public investments, as
defined by 2 Cal. Code of Regs. § 18700.3 (b)), are NOT subject to the Agency’s Conflict of Interest Code, but are
subject to the disclosure requirements of the Political Reform Act, Government Code section 87100, et seq. Gov’t Code §
87203. These positions are listed here for informational purposes only.
The positions listed below are officials who are specified in Government Code section 87200:
Assistant General Manager Files with COB Unchanged
Finance Manager Files with COB Unchanged
General Manager Files with COB Unchanged
Member of the Board of Directors Files with COB Unchanged
The disclosure requirements for these positions are set forth in Government Code section 87200, et. seq. They require the
disclosure of interests in real property in the agency’s jurisdiction, as well as investments, business positions and sources
of income (including gifts, loans and travel payments).
July 28 2021 05:45:16 PM Page 2 of 2
Page 91 of 248
Disclosure Descriptions
EXHIBIT B (Final Draft)
Disclosure Category Disclosure Description Status
Water Districts
Yorba Linda Water District
Entity:
Agency:
87200 Filer Form 87200 filers shall complete all schedules for Form 700 and disclose all
reportable sources of income, interests in real property, investments and business
positions in business entities, if applicable, pursuant to Government Code Section
87200 et seq..
Unchanged
OC-01 All interests in real property in Orange County, the authority or the District as
applicable, as well as investments, business positions and sources of income
(including gifts, loans and travel payments).Unchanged
OC-05 All investments in, business positions with and income (including gifts, loans and
travel payments) from sources that provide services, supplies, materials, machinery,
equipment (including training and consulting services) used by the County
Department, Authority or District, as applicable.
Unchanged
OC-30 Consultants shall be included in the list of designated employees and shall disclose
pursuant to the broadest category in the code subject to the following limitation: The
County Department Head/Director/General Manager/Superintendent/etc. may
determine that a particular consultant, although a “designated position,” is hired to
perform a range of duties that is limited in scope and thus is not required to fully
comply with the disclosure requirements in this section. Such written determination
shall include a description of the consultant’s duties and, based upon that description,
a statement of the extent of disclosure required. The determination of disclosure is a
public record and shall be filed with the Form 700 and retained by the Filing Officer
for public inspection.
Unchanged
OC-41 All interests in real property in Orange County, the District or Authority, as applicable,
as well as investments in, business positions with and income (including gifts, loans
and travel payments) from sources that provide services, supplies, materials,
machinery, vehicles, or equipment (including training and consulting services) used
by the County Department, Authority or District, as applicable.
Unchanged
Grand Total: 5
July 28 2021 05:45:16 PM Page 1 of 1
Page 92 of 248
Resolution No. 2021-XX Adopting a Conflict of Interest Code 1
RESOLUTION NO. 2021-XX
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING A CONFLICT OF INTEREST CODE WHICH
SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES
AND AMENDMENTS PREVIOUSLY ADOPTED
WHEREAS, the Political Reform Act of 1974, Government Code Section 81000 et. seq.
(“the Act”), requires a local government agency to adopt a Conflict of
Interest Code pursuant to the Act; and
WHEREAS, the Yorba Linda Water District has previously adopted a Conflict of Interest
Code and that Code now requires updating; and
WHEREAS, amendments to the Act have in the past and foreseeably will in the future
require conforming amendments to be made to the Conflict of Interest Code;
and
WHEREAS,the Fair Political Practices Commission has adopted a regulation, Title 2,
California Code of Regulations, Section 18730, which contains terms for a
standard model Conflict of Interest Code, which, together with amendments
thereto, may be adopted by public agencies and incorporated by reference
to save public agencies time and money by minimizing the actions required
of such agencies to keep their codes in conformity with the Political Reform
Act.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
Section 1.The terms of Title 2, California Code of Regulations, Section 18730
(Attachment A) and any amendments to it duly adopted by the Fair Political
Practices Commission are hereby incorporated by reference and, together
with Exhibits A and B in which members and employees are designated and
Page 93 of 248
Resolution No. 2021-XX Adopting a Conflict of Interest Code 2
disclosure categories are set forth, constitute the Conflict of Interest Code
of the Yorba Linda Water District.
Section 2.The provisions of all Conflict of Interest Codes and Amendments thereto
previously adopted by the Yorba Linda Water District are hereby
superseded.
Section 3. The Filing Officer is hereby authorized to forward a copy of this Resolution
to the Clerk of the Orange County Board of Supervisors for review and
approval by the Orange County Board of Supervisors as required by
California Government Code Section 87303.
PASSED AND ADOPTED this 10th day of August 2021 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
J. Wayne Miller, PhD, Vice President
Yorba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. Gagen, Esq.
Kidman Gagen Law LLP
Page 94 of 248
Resolution No. 2021-XX Adopting a Conflict of Interest Code 3
ATTACHMENT A
CONFLICT OF INTEREST CODE FOR THE
YORBA LINDA WATER DISTRICT
The Political Reform Act, Government Code Sections 81000, et seq., requires state and
local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair
Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Section
18730) which contains the terms of a standard Conflict of Interest Code, which may be
incorporated by reference in an agency’s code. After public notice and hearing it may be
amended by the Fair Political Practices Commission to conform to amendments in the
Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section
18730 and any amendments to it duly adopted by the Fair Political Practices Commission
are hereby incorporated by reference. This regulation and the attached Appendix
designating officials and employees and establishing disclosure categories, shall
constitute the Conflict of Interest Code of the Yorba Linda Water District.
Designated employees shall file statements of economic interests with the Yorba Linda
Water District’s Political Reform Act Filing Officer, Board Secretary, who will make the
statements available for public inspection and reproduction (Government Code Section
82008).
Upon receipt of the statements of Members of the Board of Directors, General Manager,
Assistant General Manager, Finance Manager, General Counsel, Labor Counsel,
Assistant Engineer II, Assistant Engineer III, Associate Engineer, Chief Water System
Operator, Customer Service Billing Administrator, Director of Public Affairs, Engineering
Manager, Human Resources and Risk Manager, Information Systems Administrator,
Information Technology Manager, Maintenance Superintendent, Management Analyst,
Operations Assistant, Operations Manager, Operations Superintendent, Principal
Engineer, Production Superintendent, Public Affairs Manager, Senior Accountant, Senior
Engineer, Senior Executive Assistant/Board Secretary, Senior Information Systems
Administrator, Senior Management Analyst, and Senior Project Manager, the Yorba Linda
Water District’s Filing Officer shall make and retain a copy and forward the original of
these statements to the Clerk of the Orange County Board of Supervisors as the Filing
Officer for these designated positions.
Statements for all other designated positions will be retained by the Yorba Linda Water
District’s Filing Officer.
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Conflict of Interest Code
EXHIBIT A (Final Draft)
Entity:Water Districts
Yorba Linda Water DistrictAgency:
Position Disclosure Category Files With
Assistant Engineer II OC-05 COB
Assistant Engineer III OC-05 COB
Associate Engineer OC-05 COB
Chief Water System Operator OC-05 COB
Consultant OC-30 Agency
Customer Service Billing Administrator OC-05 COB
Director of Public Affairs OC-41 COB
Engineering Manager OC-41 COB
General Counsel OC-01 COB
Human Resources and Risk Manager OC-41 COB
Information Systems Administrator OC-05 COB
Information Technology Manager OC-41 COB
Labor Counsel OC-01 COB
Maintenance Superintendent OC-05 COB
Management Analyst OC-05 COB
Operations Assistant OC-05 COB
Operations Manager OC-41 COB
Operations Superintendent OC-05 COB
Principal Engineer OC-05 COB
Production Superintendent OC-05 COB
Public Affairs Manager OC-05 COB
Senior Accountant OC-05 COB
Senior Engineer OC-05 COB
Senior Executive Assistant/Board Secretary OC-05 COB
Senior Information Systems Administrator OC-05 COB
Senior Management Analyst OC-05 COB
Senior Project Manager OC-05 COB
Total: 27
July 28 2021 05:45:19 PM Page 1 of 2
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Conflict of Interest Code
EXHIBIT A (Final Draft)
Entity:Water Districts
Yorba Linda Water DistrictAgency:
OFFICIALS WHO ARE SPECIFIED IN GOVERNMENT CODE SECTION 87200
Officials who are specified in Government Code section 87200 (including officials who manage public investments, as
defined by 2 Cal. Code of Regs. § 18700.3 (b)), are NOT subject to the Agency’s Conflict of Interest Code, but are
subject to the disclosure requirements of the Political Reform Act, Government Code section 87100, et seq. Gov’t Code §
87203. These positions are listed here for informational purposes only.
The positions listed below are officials who are specified in Government Code section 87200:
Assistant General Manager Files with COB
Finance Manager Files with COB
General Manager Files with COB
Member of the Board of Directors Files with COB
The disclosure requirements for these positions are set forth in Government Code section 87200, et. seq. They require the
disclosure of interests in real property in the agency’s jurisdiction, as well as investments, business positions and sources
of income (including gifts, loans and travel payments).
July 28 2021 05:45:19 PM Page 2 of 2
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Disclosure Descriptions
EXHIBIT B (Final Draft)
Disclosure Category Disclosure Description
Water Districts
Yorba Linda Water District
Entity:
Agency:
87200 Filer Form 87200 filers shall complete all schedules for Form 700 and disclose all
reportable sources of income, interests in real property, investments and business
positions in business entities, if applicable, pursuant to Government Code Section
87200 et seq..
OC-01 All interests in real property in Orange County, the authority or the District as
applicable, as well as investments, business positions and sources of income
(including gifts, loans and travel payments).
OC-05 All investments in, business positions with and income (including gifts, loans and
travel payments) from sources that provide services, supplies, materials, machinery,
equipment (including training and consulting services) used by the County
Department, Authority or District, as applicable.
OC-30 Consultants shall be included in the list of designated employees and shall disclose
pursuant to the broadest category in the code subject to the following limitation: The
County Department Head/Director/General Manager/Superintendent/etc. may
determine that a particular consultant, although a “designated position,” is hired to
perform a range of duties that is limited in scope and thus is not required to fully
comply with the disclosure requirements in this section. Such written determination
shall include a description of the consultant’s duties and, based upon that description,
a statement of the extent of disclosure required. The determination of disclosure is a
public record and shall be filed with the Form 700 and retained by the Filing Officer
for public inspection.
OC-41 All interests in real property in Orange County, the District or Authority, as applicable,
as well as investments in, business positions with and income (including gifts, loans
and travel payments) from sources that provide services, supplies, materials,
machinery, vehicles, or equipment (including training and consulting services) used
by the County Department, Authority or District, as applicable.
Grand Total: 5
July 28 2021 05:45:19 PM Page 1 of 1
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ITEM NO. 8.11.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Gina Knight, Human Resources and Risk Manager
SUBJECT:Amending the Memorandum of Understanding for Employees'
Association Members
RECOMMENDATION:
That the Board of Directors adopt Resolution No. 2021-XX amending the Memorandum of
Understanding between the District and the YLWD Employees' Association for the remainder
of Fiscal Years 2022-23.
BACKGROUND:
As part of the General Manager's vision to restructure the organization, provide career
progression, implement efficiencies, and develop a succession plan, the following
amendments to the YLWD Employees' Association's MOU need to be adopted:
Change the classification title of Human Resources/Risk and Safety Manager to Human
Resources and Risk Manager throughout the entire document;
Under Section 6.02, include the following titles: Assistant Engineer III,
Electrical/SCADA Technician, and Field Customer Service Representative/Meters II;
Under Section 6.02, remove the following classifications: Engineering Technician and
Sr. SCADA Technician;
Under Section 7.01, add language to identify an Option 2 for 9/80 workweek for an
Alternative Work Schedule;
Under Section 9.02, add language to allow employees to accrue vacation leave over
their total annual maximum due to a business necessity or medical leave of absence at
the sole discretion of the General Manager.
Lastly, add the title of Water Quality Technician II to Exhibit A as it was inadvertently
left off in previous amendments.
The fiscal impact due to the revised language in Section 9.02 will vary depending on the
employee's hourly rate of pay. However, the amount above the vacation cap shall not exceed
80 hours.
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PRIOR RELEVANT BOARD ACTION:
The Board of Directors routinely amends the YLWD Employees' Association MOU as needed.
STRATEGIC PLAN INITIATIVES:
G5 1A - Retain a highly skilled and capable workforce.
ATTACHMENTS:
1.MOU Section 6.02 - Redline
2.MOU Section 7.01 - Redline
3.MOU Section 9.02 - Redline
4.MOU 2018-2023 - Redline
5.Exhibit A - Redline
6.Resolution No. 2021-XX - Amending MOU and Exhibit A
7.MOU 2018-2023 - Final
8.Exhibit A - Final
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Section 6.02 – Certificate Pay
The District shall provide the below indicated certificate pay amounts where any
employee in the Plant Operator I/II, Maintenance Worker I/II/III, Engineering
TechnicianAssistant Engineer I/II/III, Electrical/Instrumentation SCADA Technician, Sr.
SCADA Technician, Field Customer Service Representative/Meters II, Construction
Inspector, Sr. Construction Inspector, Water Quality Technician I/II, and Meter Reader
I/II classifications has been issued a State Water Resources Control Board (SWRCB)
Distribution, SWRCB Treatment, and/or California Water Environment Association
(CWEA) Collection Certificate(s) that is above and beyond the certification(s) required
for his/her classification. As determined at the sole discretion of the General Manager,
the certificate(s) must be relevant to the employee’s principal duties and must be
above and beyond the requirement of the employee’s classification.
A. In those instances where an employee has a Treatment, Distribution,
and/or Collection Certificate that is above and beyond the certification(s)
required for the employee’s classification, the District agrees to pay the
following certificate pay amounts on a biweekly basis. Employees will
receive no more than two (2) certificate pays per pay period.
TREATMENT
CERTIFICATE
DISTRIBUTION
CERTIFICATE
COLLECTIONS
CERTIFICATE
CERTIFICATE PAY
PER PAY PERIOD
T-1 D-1 C-1 $6.00/PP
T-2 D-2 C-2 $7.00/PP
T-3 D-3 C-3 $8.00/PP
T-4 D-4 C-4 $9.00/PP
T-5 D-5 N/A $10.00/PP
B. Subject to certificate pay being limited to a total of two (2) certificates,
each affected employee shall be eligible to receive, biweekly, the
combined total of the certificate pay amount that relates to any of the
above particular levels.
For example, an employee having been issued a T-3 certificate shall
receive an $8.00 biweekly certificate pay. An employee having been
issued a T-3 and a D-4 shall receive a $17.00 biweekly certificate pay. An
employee having a T-5, D-5 and a C-4, shall receive a $20.00 biweekly
certificate pay. Where three or more certificates have been issued, the
two (2) certificates having the highest combined total shall be utilized to
determine the total certificate pay. As indicated above, certificate pay will
only be paid for an issued certificate which is above the certification
required of the employee holding a specific classification. Thus, a Plant
Operator II having been issued a T-2 and a D-3 certificate shall receive
no certificate pay. A Plant Operator II having been issued a T-2 certificate
and a D-4 certificate shall receive a $9.00 biweekly certificate pay.
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C. Individuals within the Mechanic I/II/III classifications are eligible for the
following certificate compensation upon being awarded specified
certificates issued by the National Institute for Automotive Service
Excellence (ASE).
It has been agreed by the parties that the following available ASE
certificates shall be deemed relevant to the employee’s principal duties.
Those certificates as defined by the ASE are:
Alternate Fuels Certification Test (F1)
Advanced Engine Performance Specialist Certification Test (L1)
Electronic Diesel Engine Diagnosis Specialist Certification Test
(L2)
Undercar Specialist Exhaust Systems Test (X1)
Any A1-A9 test certificate listed in the Automobile & Light Truck
Certification Tests (A Series)
Any E1-E3 test certificate listed in the Truck Equipment
Certification Tests (E Series)
Any T1-T8 test certificate listed in the Medium-Heavy Truck
Certification Tests (T Series)
Where these classified employees have been issued an ASE certificate
deemed by the General Manager to be relevant to the employee’s
principal duties, the employee shall receive an $8.00 biweekly certificate
pay for each certificate, not to exceed two (2) certificates ($16.00
biweekly). The District agrees to pay the aforementioned certificate pay
amounts on a biweekly basis.
D. Payment by the District of any exam fees, certificate fees, renewal fees or
similar fees shall only be made following provision to the District of
evidence that the employee has successfully qualified for and been
awarded the pertinent certificate(s). The biweekly certificate pay(s) shall
be paid only while a certificate remains valid.
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Section 7.01 – Work Week
Employees shall be in attendance at their work in accordance with the rules
regarding hours of work, holidays and leaves. All departments shall keep biweekly
timesheets of employees which must be reported in the form and on the dates
specified by the Human Resources and Risk ManagerHuman Resources/Risk and
Safety Manager. Unless otherwise authorized by a supervisor, employees are
expected to be at work during all scheduled work hours in order that the District may
meet its work goals and objectives. Employees who are frequently late and/or absent
shall be subject to discipline as outlined in Article XI.
A. The regular work week for all employees covered by this MOU shall be
forty (40) hours as scheduled by department heads. It is expressly
understood the department manager may schedule maintenance and
plant operation shifts which include evening, weekend and holiday work.
B. Paychecks will be distributed on the Thursday following the end of each
payroll period. Payroll periods shall be two (2) weeks long, commencing
on a Sunday and ending on the last Saturday of the two (2) week period.
If the Thursday payday falls on a holiday, the pay shall be distributed on
the prior day, a Wednesday.
C. 4/10 WORK SCHEDULE: Employees shall be assigned to a four (4) day
work week, consisting of ten (10) scheduled hours of work each day. The
parties agree, understand and acknowledge that management clearly and
unequivocally has the right to terminate the 4/10 schedule at any time
during the term of the MOU or after, and that any such termination of the
4/10 schedule shall not be subject to the meet and confer process, either
as to the management decision being made and/or as to the impact of
that decision. In such case, the schedule shall revert to the 9/80 schedule
as it existed prior to implementation of the 4/10 schedule on December
31, 2011. Any District-proposed change to the 9/80 schedule shall be
subject to the meet and confer process. The FLSA work period for
employees assigned to a 4/10 work schedule will begin at Sunday at
12:00 a.m. and end the following Saturday at 11:59 p.m., and recurring
thereafter.
D. ALTERNATIVE WORK SCHEDULES: Work schedules of more than
eight hours within one day but not more than forty hours within a period of
seven consecutive days (9/80) may be scheduled by management to
meet the work needs of the District. Where it meets the needs of both
the District and the employee, an alternative work schedule may be
scheduled.
ALTERNATIVE WORK SCHEDULE OPTION 1: Employees working a
9/80 schedule shall work nine (9) hours per day on Monday through
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Thursday, and eight (8) hours per day on alternating Fridays. Employees
shall have every other Friday off. For employees working a 9/80 work
schedule, each employee’s designated FLSA work period shall begin
exactly four hours after the start of his/her their eight hour shift on the day
of the week that corresponds with the employee’s alternating regular day
off. The 9/80 work schedule is displayed as follows:
SU MO TU WE TH FR SA
Off 4
(Start Workweek)
Off 9 9 9 9
Off
(End Workweek) Off Off
(Start Workweek)
Off 9 9 9 9
4
(End Workweek)
ALTERNATIVE WORK SCHEDULE OPTION 2: Employees working a
9/80 schedule shall work nine (9) hours per day on Tuesday through
Friday, and eight (8) hours per day on alternating Mondays. Employees
shall have every other Monday off. For employees working a 9/80 Option
2 work schedule, each employee’s designated FLSA work period shall
begin exactly four hours after the start of their eight hour shift on the day
of the week that corresponds with the employee’s alternating regular day
off. The 9/80 work schedule is displayed as follows:
SU MO TU WE TH FR SA
9 9 9 9 Off 4
(Start Workweek)
Off
Off
(End Workweek) 9 9 9 9 Off Off
(Start Workweek)
Off
4
(End Workweek)
E. TIMESHEETS: All District employees must complete timesheets showing
hours worked and leave taken. They must be signed by the employee,
the employee's supervisor and Department Head or designated
representative(s). Notice of any corrections to the timesheets shall be
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sent to the employee and Department Head. Such corrections shall be
deemed final unless questioned by the employee within thirty (30) days
after the notice of correction is given to the employee. Unresolved
matters may be taken to the General Manager for a final determination.
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Section 9.02 – Vacation Leave
A. An employee who is regularly scheduled to work more than thirty (30)
hours per week shall accrue paid vacation at the following rate:
Duration of Continuous Regular Employment Hours Accrued per Pay Period
During 1st through 60th month (0-5 yrs) 3.077 hrs = 2.0 wks/yr
During 61st through 120th month (5-10 yrs) 4.615 hrs = 3.0 wks/yr
During 121st through 180th month (10-15 yrs) 5.384 hrs = 3.5 wks/yr
During 181st through 240th month (15-20 yrs) 6.153 hrs = 4.0 wks/yr
During 241st month and thereafter (20+ yrs) 6.922 hrs = 4.5 wks/yr
B. Vacation leave shall continue to accrue in accordance with the above
provisions when an employee is either at work, or on a paid leave of
absence.
C. Vacation leave shall be scheduled with due regard to the interests of the
District and must be approved in advance by the employee’s Department
Manager or immediate supervisor. An employee must request vacation
leave at least two (2) work days in advance.
D. An employee may not take more vacation leave than the amount the
employee has accrued. The minimum amount of vacation leave that may
be taken at any given time shall be fifteen (15) minute increments.
E. An employee on an original probationary period shall accrue vacation
commencing with the start of employment but shall be ineligible to use
accrued vacation leave prior to successfully completing of six (6) months
of service.
F. The total maximum vacation that may be accrued shall be one and one-
half (1½) times the amount that may be accrued in one year of service,
based on the employee’s rate of accrual. If the employee has accrued the
maximum total amount of vacation, no additional vacation shall be
accrued, nor shall the cash equivalent of excess vacation accruals be
earned.
F.G. However, where in the sole discretion of the General Manager it is
determined that requirements of the District are the sole reason for At the
sole discretion of the General Manager, if an employee being is unable to
timely schedule and utilize vacation time off due to business necessity,
said employee may be authorized to accrue over their total annual
maximum and will be given a timeframe to use those excess accruals
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may be provided authorization to accrue additional vacation time in an
amount determined in the sole discretion of the General Manager.
H. At the sole discretion of the General Manager, if an employee is unable to
timely schedule and utilize vacation time off due to an overriding concern
such as a medical leave of absence, said employee may be authorized to
accrue up to 80 additional vacation hours over their total annual
maximum. Once the employee returns to work, they will no longer accrue
leave and will have six (6) months to bring their accrued leave time down
below their total annual maximum in order to accrue leave again.
G.I. Upon separation, an employee shall be cashed out at their current rate of
pay for any vacation leave accrued but not taken.
H.J. For the term of this MOU only, an employee who has been employed by
the District for more than one year may sell to the District up to forty (40)
hours of accrued unused vacation leave. To be eligible for this benefit,
an employee must submit his/her irrevocable election by December 31st
of each year to be paid on the second payday in November of the
following year to receive cash for up to forty (40) hours of vacation time
that would otherwise accrue in the immediate following year. For
example, an employee irrevocably elects to sell 40 hours of vacation
leave on December 12, 2018. The employee will be paid out on
November 27, 2019.
I.K. An employee who works, or is on a paid leave of absence between
twenty (20) and thirty (30) hours per week shall accrue vacation leave on
a proportionate basis relative to a full time employee.
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MEMORANDUM OF UNDERSTANDING
BETWEEN
YORBA LINDA WATER DISTRICT
AND
YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION
JULY 1, 2018 THROUGH JUNE 30, 2023
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YLWDEA i
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Table of Contents
ARTICLE I – MANAGEMENT RIGHTS ......................................................................................... 1
Section 1.01 – General ............................................................................................................. 1
ARTICLE II – RECOGNITION ....................................................................................................... 1
Section 2.01 – General ............................................................................................................. 1
Section 2.02 – Agency Shop ..................................................................................................... 1
Section 2.03 – New Employees .............................................................................................. 22
Section 2.04 – Current Employees ......................................................................................... 22
ARTICLE III – DEFINITIONS ...................................................................................................... 22
Section 3.01 – Definitions ....................................................................................................... 22
ARTICLE IV – CLASSIFICATION AND COMPENSATION ........................................................ 66
Section 4.01 – Compensation ................................................................................................. 66
Section 4.02 – Classification Revision and Reclassification ................................................... 66
Section 4.03 – Request for Classification Review .................................................................. 77
Section 4.04 – Salary Schedules ............................................................................................ 87
Section 4.05 – Salary Step for New Employees ..................................................................... 88
Section 4.06 – Probation ......................................................................................................... 88
Section 4.07 – Merit Increases ............................................................................................... 99
Section 4.08 – Salary on Promotion ................................................................................... 1010
Section 4.09 – Salary on Transfer ...................................................................................... 1010
Section 4.10 – Salary on Demotion .................................................................................... 1010
Section 4.11 – Salary on Position Reclassification ............................................................. 1111
Section 4.12 – Acting Pay ................................................................................................... 1111
ARTICLE V – EMPLOYEE BENEFITS ................................................................................... 1313
Section 5.01 – Retirement System ..................................................................................... 1313
Section 5.02 – Employee CalPERS Contribution Rate and Formula .................................. 1313
Section 5.03 – Deferred Compensation .............................................................................. 1414
Section 5.04 – Medical Insurance ....................................................................................... 1414
Section 5.05 – Life Insurance and Accidental Death and Dismemberment (AD&D) .......... 1414
Section 5.06 – Supplemental Life Insurance and Accidental Death and Dismemberment
(AD&D) ................................................................................................................................ 1414
Section 5.07 – Long-Term Disability ................................................................................... 1514
Section 5.08 – Short Term Disability ................................................................................... 1515
Section 5.09 – Dental Insurance ......................................................................................... 1515
Section 5.10 – Vision Coverage .......................................................................................... 1515
Section 5.11 – Cafeteria Plan ............................................................................................. 1515
Section 5.12 – Employee Assistance Program (EAP) ........................................................ 1615
Section 5.13 – Retiree Insurance Benefits .......................................................................... 1616
Section 5.14 – Benefits Payroll Deduction .......................................................................... 1717
ARTICLE VI – MISCELLANEOUS BENEFITS ....................................................................... 1717
Section 6.01 – Safety Boot Allowance ................................................................................ 1717
Section 6.02 – Certificate Pay ............................................................................................. 1818
Section 6.03 – Education Reimbursement .......................................................................... 1919
Section 6.04 – Commercial Driver’s License Pay ............................................................... 2020
Section 6.05 – Uniforms ...................................................................................................... 2020
ARTICLE VII – WORK SCHEDULE ........................................................................................ 2020
Section 7.01 – Work Week ................................................................................................. 2020
Section 7.02 – Overtime ..................................................................................................... 2322
Section 7.03 – Overtime Pay .............................................................................................. 2322
Section 7.04 – Compensatory Time .................................................................................... 2323
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Section 7.05 – Fatigue Accommodation ............................................................................. 2423
Section 7.06 – Meals During Emergency Service ............................................................... 2524
Section 7.07 – Rest Period ................................................................................................. 2524
Section 7.08 – Standby Compensation ............................................................................... 2524
Section 7.09 – Call-Out Compensation ............................................................................... 2625
ARTICLE VIII – CONCERTED ACTIVITIES ........................................................................... 2827
Section 8.01 – General ....................................................................................................... 2827
ARTICLE IX – LEAVES .......................................................................................................... 2827
Section 9.01 – Holidays ...................................................................................................... 2827
Section 9.02 – Vacation Leave ........................................................................................... 2928
Section 9.03 – Sick Leave .................................................................................................. 3029
Section 9.04 – Disability Leave ........................................................................................... 3231
Section 9.05 – Bereavement Leave .................................................................................... 3231
Section 9.06 – Unpaid Leave of Absence ........................................................................... 3231
Section 9.07 – Voting Leave ............................................................................................... 3332
Section 9.08 – Jury Duty/Court Testimony ......................................................................... 3332
Section 9.09 – Military Leave .............................................................................................. 3432
Section 9.10 – Alt Time ....................................................................................................... 3433
ARTICLE X – LAYOFF PROCEDURES ................................................................................. 3433
Section 10.01 – Elimination of Position ............................................................................... 3433
Section 10.02 – Layoff Procedure ....................................................................................... 3433
Section 10.03 – Reemployment .......................................................................................... 3534
Section 10.04 – Salary Upon Reemployment After Layoff .................................................. 3635
ARTICLE XI – EMPLOYEE DISCIPLINE ................................................................................ 3635
Section 11.01 – Cause for Discipline .................................................................................. 3635
Section 11.02 – Types of Actions ....................................................................................... 3837
Section 11.03 – Progressive Steps ..................................................................................... 3837
Section 11.04 – Disciplinary Procedure .............................................................................. 3938
Section 11.05 – Appeal of Disciplinary Action .................................................................... 4039
Section 11.06 – Placement in Personnel File ..................................................................... 4241
Section 11.07 – Employee Acknowledgement .................................................................... 4341
Section 11.08 – Paid Administrative Leave ........................................................................ 4341
Section 11.09 – Job Abandonment ..................................................................................... 4341
ARTICLE XII – GRIEVANCE PROCEDURE .......................................................................... 4342
Section 12.01 – Purpose ..................................................................................................... 4342
Section 12.02 – Matters Subject to the Grievance Procedure ............................................ 4442
Section 12.03 – Informal Grievance Adjustment ................................................................. 4442
Section 12.04 – Formal Grievance Procedure .................................................................... 4443
Section 12.05 – General Conditions ................................................................................... 4543
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YLWDEA 1
2018-2023
MEMORANDUM OF UNDERSTANDING
BETWEEN
YORBA LINDA WATER DISTRICT
AND
YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION
JULY 1, 2018 THROUGH JUNE 30, 2023
In accordance with the provisions of the Meyers-Milias Brown Act, California
Government Code section 3500, et seq., and the Yorba Linda Water District Employee-
Employer Relations Resolution (“EERR”), representatives of Yorba Linda Water District
(“District”) and the Yorba Linda Water District Employees Association (“Association”)
have met and conferred in good faith and have reached agreement on salaries, wages,
hours, and other terms and conditions of employment, as set forth below in this
memorandum of understanding (“MOU”), which shall be effective July 1, 2018, unless
otherwise noted, through June 30, 2023.
ARTICLE I – MANAGEMENT RIGHTS
Section 1.01 – General
All rights not clearly and expressly limited by this MOU are expressly reserved to
the District. The express provisions of this MOU constitute the only limitations upon the
District’s rights to determine, implement, supplement, change, modify, or discontinue in
whole or in part any term or condition of employment or adopt any policy, rule,
regulation or practice as the District deems fit or appropriate, provided however, that the
District shall meet and confer, to the extent required by law, regarding the impact of its
exercise of such rights.
ARTICLE II – RECOGNITION
Section 2.01 – General
The District recognizes the Association as the exclusive bargaining
representative for the bargaining unit consisting of the classifications enumerated in
Exhibit “A” and specifically excludes professional, confidential, and management
positions. Provisions of the MOU also exclude part-time, temporary, limited term,
contract or intern personnel unless specifically noted in this MOU, District Policy or
individual contract.
Section 2.02 – Agency Shop
An agency shop provision is in effect at the District for the Association as a result
of an employee election pursuant to state law. This requires all employees, as a
condition of employment, do one of the following: join the Association and pay biweekly
dues, pay a service fee equivalent to the biweekly dues amount to the Association
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YLWDEA 2
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without becoming a member or execute a written declaration claiming a religious
exemption and pay an amount equal to the biweekly dues to a charitable organization.
Payment of dues are automatically deducted from an employee’s paycheck and
submitted to the Association. The Association shall be fully responsible for expending
funds received under this provision consistent with all legal requirements for
expenditures of employee dues which are applicable to public sector labor
organizations. The Association shall indemnify, defend and hold the District harmless
against any liability arising from any claims, demands, or other action relating to the
District’s compliance with this provision.
Section 2.03 – New Employees
The District will notify the Association of the hiring of any new employee within
the bargaining unit within ten (10) calendar days prior to the employee’s start date, if
reasonably foreseeable. The District will provide the Association with the name,
classification title, department, work location, home address (if available), personal
email address (if available), work phone, personal cell phone (if available) and home
phone number (if available) on file with the District of the new employee within thirty (30)
calendar days after hiring the employee. In addition, the District will provide the
employee a copy of this MOU and Agency Shop application. The Association will have
the opportunity to meet with new employees for at least 15 minutes during the New
Employee Orientation.
Section 2.04 – Current Employees
The District shall provide via email to the Association a quarterly list of all
employees in the bargaining unit, including name, classification title, department, work
location, home address (if available), personal email address (if available), work phone,
personal cell phone (if available) and home phone number (if available) on file with the
District.
ARTICLE III – DEFINITIONS
Section 3.01 – Definitions
The following terms as used in this MOU shall, unless the context clearly
indicates otherwise, have the respective meanings described below:
CLASSIFICATION: All positions sufficiently similar in duties, authority, responsibility
and working conditions to permit grouping under common title and the application of
common standards of selection, transfer, promotion and salary.
CONTINUOUS SERVICE: The service of an employee in a payroll status without
interruption except for authorized leave(s) of absence from date of hire.
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DAY: One calendar day, unless expressly noted otherwise.
DEMOTION: The voluntary or involuntary transfer of an employee from one
classification to another classification with a lower salary grade.
DEPARTMENT HEAD: One who functions directly under the authority of the General
Manager and Assistant General Manager, has direct responsibility for a particular
department or major function, and manages its staff, policies and budget.
DISCIPLINARY ACTION: The discharge, demotion, reduction of pay, suspension, or
the issuance of a written reprimand or formal warning. A performance evaluation is not
a disciplinary action, regardless of the rating.
ELIGIBLE: A person whose name is on an employment list, promotional list or
reemployment list.
EMPLOYEE: An individual within a classification included in Exhibit “A.” Regardless of
duties, anybody whom the District deems an independent contractor or volunteer shall
not be considered an “employee” for purposes of this MOU.
EMPLOYMENT LIST:
A. Eligibility List -- A list of candidates who have qualified in an examination
open to all qualified individuals and who are eligible for appointment.
B. Promotional -- A list of candidates who have qualified in an examination
open only to qualified District employees and who are eligible for
appointment.
C. Reemployment -- A list of former employees who have been laid off and
who are eligible for reemployment in his/her former classification or in a
comparable classification carrying the same or lower maximum rate of
pay.
D. Reinstatement -- A list of former employees who resigned from the District
in good standing and who are eligible for reinstatement to his/her former
classification carrying the same or lower maximum rate of pay.
EXEMPT EMPLOYEE: An employee who is exempt from the overtime payment
provisions of FLSA.
FAIR LABOR STANDARDS ACT (FLSA): The Federal Law which guarantees non-
exempt employees pay at one and one-half (1½) times for working overtime.
FISCAL YEAR: A twelve month period from July 1 to June 30 in which the District
plans, budgets, appropriates and expends its funds.
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FULL-TIME POSITION: A position requiring the incumbent to work forty hours or more
per week.
GRIEVANCE: A claim by a regular employee that the District has violated,
misrepresented or misapplied an obligation to the employee, as expressed in the
Memorandum of Understanding or other administrative rules, policy, procedures or
regulations. Disciplinary actions, the content of performance evaluations, failure of
probation, merit increases, reclassification, layoff, transfer or challenges to
examinations or appointment are not subject to the grievance procedure. The grievance
procedure shall not be used to establish new policies or change any existing rules.
GRIEVANCE PROCEDURE: The process by which the validity of a grievance is
determined.
IMMEDIATE FAMILY: Employee's spouse, domestic partner, parents, children
(stepchildren,) foster children, sisters, brothers, grandparents, grandchildren, mother-in-
law, father-in-law.
LAYOFF: Termination of employment due to elimination of position because of lack of
work or lack of available funding, reorganization or an action deemed by the Board to be
in the public interest.
LEAVE OF ABSENCE: Permission to be absent from work for a specified purpose, with
the right to return before or upon the expiration of the leave period.
MERIT INCREASE: An increase in the base pay rate of an employee from his/her
current Step to a higher Step in the salary Range established for his/her classification.
The amount of the merit increase is awarded based on the employee’s overall
performance rating as documented on the Performance Appraisal, not on longevity.
NON-EXEMPT EMPLOYEE: An employee who is covered by the overtime provisions
of FLSA.
OVERTIME: The time which an exempt or a non-exempt employee is required or
permitted to work beyond forty hours in a 7 day work period. Non-exempt employees
receive time and a half pay for the hours worked. Exempt non-management employees
receive an hour of pay for each hour worked.
PART-TIME POSITION: A position requiring the incumbent to work less than forty (40)
hours per week. Employees working less than thirty (30) hours per week serve at the
will of the General Manager, and may be terminated without cause or without hearing or
right of appeal. Employees working thirty (30) hours or more may receive some
benefits.
POSITION: A combination of duties assigned to be performed by one person.
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PROBATIONARY EMPLOYEE: An employee whose regular status is contingent upon
successful completion of a prescribed period of observation to determine that the
employee possesses the ability to perform the duties of the position. The original
probationary period is a 12 month working test period and the promotional probationary
period is a 6 month working test period, during which an employee is required to
demonstrate his/her ability to perform the duties of their position.
PROMOTION: The movement of an employee from one classification to another
classification with a higher rate of pay.
RECLASSIFICATION: The reassignment of a position from one classification title or
grade to a different classification title or grade in accordance with a reevaluation of the
minimum qualifications, duties, and responsibilities of the position in question.
REGULAR FULL TIME EMPLOYEE/REGULAR PART TIME EMPLOYEE: An
employee who has completed the Probationary Period and is occupying a position
established on a continuing basis, as distinct from temporary employees who serve on a
seasonal or intermittent basis. A regular part time employee works thirty hours or more
and has completed probation.
SALARY SCHEDULE: An annual listing of the minimum through maximum salary
grades of pay for all defined District classifications, as prepared by the General
Manager and adopted by the Board of Directors.
SENIORITY: Seniority is defined as the length of continuous service in the employee's
present classification or in higher or equal classification regardless of the department to
which assigned.
SEPARATION: The separation of an employee from District service because of
retirement, resignation, termination, permanent disability, dismissal or death.
STEP: The various increments of a salary range, from minimum to maximum,
authorized for the subject classification.
SUSPENSION: An involuntary absence imposed by the General Manager for
disciplinary purposes or pending investigation or charges.
TEMPORARY EMPLOYEE: An employee in a position that is intended to be occupied
on less than a year-round basis including, but not limited to the following: to cover
seasonal peak workloads; emergency extra workloads of limited duration; vacation
relief, paid sick leave or other situations involving a fluctuating staff. Ordinarily, such
positions shall not be authorized for over six months. Temporary employees serve at
the will of the General Manager, and may be terminated without cause or without
hearing or right of appeal.
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TRANSFER: Change of an employee from one classification to another having the
same maximum salary and similar duties and basic qualifications.
WORK WEEK: A regularly reoccurring period of seven (7) consecutive twenty-four (24)
hour days.
ARTICLE IV – CLASSIFICATION AND COMPENSATION
Section 4.01 – Compensation
The following base salary increases are considered “persable” compensation and
lump sum payments are considered “non-persable” compensation.
A. On July 12, 2018, employees shall receive a 1% increase to his/her base
salary (Exhibit “B”). On November 15, 2018, employees shall receive a
lump sum payment equivalent to 2% of his/her current hourly rate of pay
as of November 10, 2018 multiplied by 2080.
B. On July 11, 2019, employees shall receive a 2% increase to his/her base
salary (Exhibit “C”). On November 14, 2019, employees shall receive a
lump sum payment equivalent to 1% of his/her current hourly rate of pay
as of November 9, 2019 multiplied by 2080.
C. On July 9, 2020, employees shall receive a 1% increase to his/her base
salary (Exhibit “D”). On November 12, 2020, employees shall receive a
lump sum payment equivalent to 2% of his/her current hourly rate of pay
as of November 7, 2020 multiplied by 2080.
D. On July 8, 2021, employees shall receive a 2% increase to his/her base
salary (Exhibit “E”). On November 10, 2021, employees shall receive a
lump sum payment equivalent to 1% of his/her current hourly rate of pay
as of November 6, 2021 multiplied by 2080.
E. On July 7, 2022, employees shall receive a 1% increase to his/her base
salary (Exhibit “F”). On November 10, 2022, employees shall receive a
lump sum payment equivalent to 2% of his/her current hourly rate of pay
as of November 5, 2022 multiplied by 2080.
Section 4.02 – Classification Revision and Reclassification
The classifications in Exhibit “A” may be amended, combined, or abolished and
new classifications set forth by the General Manager or a designated representative
thereof. In addition, any position may be reclassified to a different classification by the
General Manager, or designated representative(s) when there is a change in the duties
and responsibilities of the position or other sufficient cause. A demotion is not
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considered a non-voluntary reclassification of a position to a different classification and
is subject to a reduction in pay rate.
A. The General Manager or Human Resources/Risk and Safety Manager
Human Resources and Risk Manager may initiate, at any time, a study to
determine the appropriateness of any position's classification. The
General Manager shall make the final determination on all actions arising
under this provision, subject to ratification by the Board of Directors at the
next available regular Board meeting when the determination results in an
amendment the list of classifications in Exhibit “A”.
B. The District shall provide the bargaining unit an information copy of the
new classification specification for any proposed classification relevant to
that bargaining unit.
Section 4.03 – Request for Classification Review
A. A Department Head may, at any time, submit a request to the Human
Resources/Risk and Safety Manager Human Resources and Risk
Manager for a review of an employee's position, setting forth the reasons
for the request. The Human Resources/Risk and Safety Manager Human
Resources and Risk Manager may conduct the review and make
recommendations to the General Manager. All such requests may be
acted upon within sixty (60) days of receipt. The decision of the General
Manager shall be final without right of grievance or further hearing, except
in cases where action by the Board of Directors' is required, in which case
Board action shall be final.
B. If an employee believes that his/her duties and responsibilities have
changed significantly, the employee may request a classification study of
his/her position. Such request must be submitted in writing to the
Association representative. An employee shall not submit a subsequent
request prior to 18 months after completion of any previous classification
review. The Association Representative may, up to five times per year,
submit a request to the Human Resources/Risk and Safety Manager
Human Resources and Risk Manager for a review of an employee's
position, setting forth the reasons for the request. The Human
Resources/Risk and Safety Manager Human Resources and Risk
Manager may conduct the review and make recommendations to the
General Manager. All such requests may be acted upon within sixty (60)
days of receipt.
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Section 4.04 – Salary Schedules
For those employees who are employed as of the date of ratification of this MOU,
the salary schedules attached hereto as Exhibits “B”, “C”, “D”, “E”, and “F” shall be in
effect for the duration of this MOU.
Section 4.05 – Salary Step for New Employees
A new employee shall be paid at the first salary step in effect for the
classification, unless the General Manager or a designated representative thereof
approves a higher salary step based on the District’s recruitment needs.
Section 4.06 – Probation
A. Original Probation: A newly hired employee shall be subject to a twelve
(12) month original probationary period.
1. During the original probationary period, an employee may receive a
performance evaluation at the end of the employee’s first three
months and/or six months of employment and one month prior to
the completion of the new employee’s 12-month probationary
period. A corresponding personnel action fact sheet will be
completed if an employee passes his/her original probation.
2. Failure of Probation: During the original probationary period, an
employee may be released from employment at any time without
right of appeal or hearing.
B. Promotional Probation: An existing employee, upon promotion in
classification, shall serve a six (6) month term of probation in the
promotional classification.
1. An employee on a promotional probation may receive a
performance evaluation at the end of the six (6) months from date
of the promotion. A corresponding personnel action fact sheet will
be completed if an employee passes his/her promotional probation.
2. Failure of Probation: At any time during the promotional
probationary period, an employee may be returned to the
classification from which he/she promoted, subject to there existing
a vacancy within such classification. If the employee is discharged
for cause or resigns, this shall bar a return to the classification from
which he/she promoted.
C. Extension of Probation: Should the Department Head, Human
Resources/Risk and Safety Manager Human Resources and Risk
Manager and General Manager determine that a longer period of
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probation should be required, the appointee shall be informed in writing of
the amount of extension and the reasons for the extension. Extensions
shall not exceed six (6) months. Only one extension shall be granted.
D. Leave of Absence: The taking of a leave of absence shall automatically
cause the employee's probationary period to be extended by the length of
the leave where such leave exceeds fifteen (15) calendar days.
Section 4.07 – Merit Increases
The advancement of an employee within a classification shall be dependent on
the employee exhibiting increased knowledge, skills, and abilities, coupled with
meritorious performance. The employee’s supervisor shall evaluate the employee’s
performance and if merited, recommend a merit-based step increase. The increase
shall not be automatic but may be granted only for continued or sustained improvement
by the employee in the effective performance of the duties of his/her position as
determined within the District’s sole discretion.
The District has an eleven (11) step salary schedule with approximately 2.5%
salary difference between steps and 5% salary difference between ranges.
A. Each employee will be reviewed annually following completion of his/her
probationary period. The District utilizes the following ratings for
performance evaluations: “Unsatisfactory,” “Needs Improvement,” “Meets
Expectations,” “Exceeds Expectations,” and “Outstanding.”
B. An employee who receives an overall performance rating of “Exceeds
Expectations” no “Unsatisfactory” ratings, and no more than two (2)
“Needs Improvement” ratings on his/her evaluation shall receive a one (1)
step merit increase.
C. An employee who receives an overall performance rating of “Outstanding,”
no “Unsatisfactory” ratings and no “Needs Improvement” ratings on his/her
evaluation, shall receive a two (2) step merit increase.
D. The resulting rate of pay shall not exceed the rate of pay corresponding to
Step 11 for the classification.
E. The District shall endeavor to have performance reviews completed by the
employee’s performance review date. The effective date of any resulting
merit increase shall be the first day of the first full pay period that starts
after the employee's review date. If the evaluation is delayed, any merit
increase resulting from the performance review, shall apply retroactively
effective the date on which the increase would have otherwise have taken
effect.
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F. An early merit increase may be granted to an employee who has exhibited
an overall performance rating of Outstanding with the approval of the
General Manager, or designated representative(s). The scheduled date of
the next merit increase shall be upon completion of one (1) year from the
date of the early merit increase.
G. An employee on an authorized leave of absence that exceeds thirty (30)
continuous calendar days (fifteen (15) continuous calendar days for
probationary employees), other than for military leave, shall have his/her
performance appraisal and merit increase date extended by the number of
calendar days he/she was on leave.
H. Final approval of all merit increases rests with the General Manager, or a
designated representative thereof, whose decision shall be final and not
subject to a right of grievance or appeal. It shall be the responsibility of
the Human Resources/Risk and Safety Manager Human Resources and
Risk Manager and Department Head to ensure that the required
performance evaluation is submitted in a timely and complete fashion. In
no event shall a merit increase be granted before the requirements of this
provision have been satisfied.
Section 4.08 – Salary on Promotion
Upon promotion to a classification with a higher salary range than that for the
classification held immediately prior to the promotion, the promoted employee’s salary
shall be at the salary step numerically closest, whether upward or downward, to 5%
above the salary step applicable to the employee immediately prior to the promotion.
The employee shall be given a new merit review date for purposes of future
salary step advancements, which shall be based upon the effective date of promotion.
Section 4.09 – Salary on Transfer
An employee who is transferred from one position to another in a classification
having the same salary range as the classification they formerly occupied shall be
compensated at the same step in the salary range. The employee's merit review date
shall not change.
Section 4.10 – Salary on Demotion
A. INVOLUNTARY DEMOTION: An involuntary demotion shall be
considered a disciplinary action and shall be subject to the provisions of
Article XI.
B. VOLUNTARY DEMOTION: An employee who is demoted at their request
or upon mutual agreement shall receive the highest salary in the new
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classification that does not exceed the employee's rate of pay immediately
prior to the voluntary demotion. The employee's merit review date shall
not change.
Section 4.11 – Salary on Position Reclassification
When an employee's position is reclassified and the employee is appointed to the
new position, his/her salary shall be determined as follows:
A. HIGHER CLASSIFICATION: An employee who is reclassified into a
classification with a higher salary range than the previous classification,
the employee's salary and merit increase date shall be set in the same
manner as if they had been promoted.
B. EQUIVALENT CLASSIFICATION: An employee who is reclassified into a
classification with a same salary range as the previous classification, the
employee’s merit increase date shall not change.
C. LOWER CLASSIFICATION: An employee who is reclassified into a
classification with a lower salary range than the previous classification
shall receive the highest salary in the new classification that does not
exceed the employee's rate of pay immediately prior to the reclassification.
The employee’s merit increase date shall not change.
Section 4.12 – Acting Pay
Upon recommendation of the Department head and Human Resources/Risk and
Safety Manager Human Resources and Risk Manager, the General Manager may
temporarily appoint an employee to assume the duties of a higher job classification and
shall be designated as "Acting." An employee who is designated as acting shall
receive a minimum increase to the step closest to 5% above the step held by the
employee immediately prior to the acting position, or shall be placed on Step 1 of the
range established for the acting position, whichever is higher; however, the employee's
rate shall not exceed Step 11 of the range established for the acting position at any
time. An employee shall receive acting pay until officially released of those duties with
the following conditions:
A. Compensation shall be requested in writing, outlining the circumstances,
and is subject to the approval of the Human Resources/Risk and Safety
Manager Human Resources and Risk Manager.
B. Acting pay will be effective when the acting appointment begins.
C. An employee shall receive acting pay for a maximum of 960 hours per
fiscal year.
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D. If the employee is scheduled to receive a merit increase for the position in
which he/she normally fills while serving in an acting status, the necessary
forms shall be completed to document such increase, and such increase
shall be implemented upon completion of acting status.
E. The employee's merit increase date shall not be affected by acting status
unless he/she is appointed to the position in which he/she was acting. If
such, his/her review date shall be adjusted to coincide with the date
he/she started in the Acting position or as provided in Section 4.12.G.
F. If the employee is scheduled to receive any type of payout that was
earned for the position in which he/she normally fills while serving in an
acting status, the employee shall be paid out at the rate of pay equivalent
to the position in which he/she normally fills.
G. If an employee who is receiving acting pay is promoted to permanently fill
the position in which he/she is acting, the date from which the employee
began receiving acting pay shall be credited to the employee's total time
worked in the position. Following the promotion, the employee's merit
increase, if applicable, will be awarded at the conclusion of the
promotional probationary period (including all time he/she was receiving
acting pay). All subsequent merit increases will be awarded upon
completion of twenty-six (26) complete pay periods.
H. Dual Acting Exceptions: If an employee continues to perform the job
duties for the position he/she normally fills as well as the duties of the
acting classification the following conditions shall apply:
1. Acting pay shall not be reported to CalPERS as special
compensation, and therefore is not compensation earnable
pursuant to California Public Employees’ Retirement System
(CalPERS) Regulations, Section 571.
2. All overtime hours worked shall be paid at one and one half (1½)
times his/her hourly rate of pay for the position he/she normally fills.
3. An employee scheduled to receive a merit increase for the position
in which he/she normally fills shall receive such increase as
scheduled to his/her hourly rate of pay in the position he/she
normally fills.
4. An employee shall receive acting pay for a maximum of twenty-six
(26) consecutive pay periods. Under special circumstances, the
General Manager may authorize an extension to meet the needs of
the District.
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ARTICLE V – EMPLOYEE BENEFITS
Section 5.01 – Retirement System
The District participates in the California Public Employees’ Retirement System
(CalPERS). Eligible employees are required to participate in accordance with the rules
of CalPERS. At its option, the District may change its retirement system provider upon
adoption by the Board of Directors. Prior to any changes in retirement benefits, those
eligible for retirement must be notified at least 90 days in advance. The CalPERS
retirement benefits are available to employees working at least 1,000 hours in a fiscal
year.
Section 5.02 – Employee CalPERS Contribution Rate and Formula
A. Employees hired prior to January 26, 2012 are Tier 1 employees who are
enrolled in the 2% at 55 retirement formula with a one year (12 month)
final compensation period. Employees pay the full employee contribution
rate, which is 7% of pensionable compensation.
B. Employees hired between January 26, 2012 and December 31, 2012,
and any District employees hired on or after January 1, 2013 who are
defined as “classic members” are Tier 2 employees who are enrolled in
the 2% at 60 retirement formula with a one year (12 month) final
compensation period. Employees pay the full employee contribution rate,
which is 7% of pensionable compensation.
C. Employees hired on or after January 1, 2013 who are defined as “new
members” under the Public Employees’ Pension Reform Act of 2013
(PEPRA) are Tier 3 employees who are enrolled in the 2% at 62 (or 2.5%
at 67) retirement formula with a three year (36 month) final compensation
period. Employees may designate the highest 36 month period.
Employees will pay one-half (½) of his/her total normal cost rate as
determined by CalPERS.
D. The District’s contract with CalPERS includes the following items: Level
4 1959 Survivor Benefit, Annual Cost-of-Living Allowance Increase up to
2%, Prior Service, Military Service Credit as Public Service, Military
Service Credit for Retired Persons, Public Service Credit for Peace
Corps, AmeriCorps VISTA, or AmeriCorps Service, Public Service Credit
for Periods of Layoff, Pre-Retirement Option 2W Death Benefit, Pre-
Retirement Death Benefits to continue after remarriage of survivor, $500
Retired Death Benefit, Local System Service Credit included in Basic
Death Benefit, Local System Transfer, and Unused Sick Leave Credit.
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Section 5.03 – Deferred Compensation
The District will match dollar for dollar not to exceed 2% base salary earned per
payroll period of an employee’s base salary or the employee’s actual amount of
deferred compensation per payroll period, whichever amount is lesser for employees
who are regularly schedule to work in excess of 30 hours per week.
Section 5.04 – Medical Insurance
The District shall pay 100% of the premium for medical insurance for employees
who are regularly schedule to work in excess of 30 hours per week, effective the first of
the month following the employee’s date of hire, and ⅔ of the additional premium
toward employee dependent coverage for covered employees with any dependents
subject to the provisions of any contract between the District and any company or
companies of the District’s choosing. The employee shall pay the cost of the difference
in premium, to be deducted from his/her salary to cover the employee’s ⅓ share of the
dependent coverage.
Section 5.05 – Life Insurance and Accidental Death and Dismemberment (AD&D)
In accordance with the provisions of the contract between the District and any
company of the District’s choosing providing such coverage, effective on the first day of
the month following his/her date of hire, the District shall provide group life insurance
and Accidental Death and Dismemberment (AD&D), in the amount of a one-time
payment equal to his/her basic annual salary rounded to the next higher multiple of
$1,000, for each employee under age 65. An employee who reaches age 65 will have
their coverage reduced to 65% of original amount. An employee who reaches age 70
will have their coverage reduced to 50% of original amount.
Section 5.06 – Supplemental Life Insurance and Accidental Death and
Dismemberment (AD&D)
An employee may purchase additional life insurance and AD&D up to $500,000
by authorizing the additional premium to be deducted from his/her salary. In addition,
an employee may purchase coverage for their spouse, up to 100% of the employee’s
additional life insurance and AD&D amount. Some medical restrictions may apply. An
employee may purchase coverage for their children, up to $10,000. Children include
the employee’s natural children, legally adopted children, stepchildren and foster
children who depend on the employee for support. Eligible children must be unmarried
and between the ages of 14 days old up to age 21, or up to age 25 if a full-time student
at an accredited college/university. There are no medical restrictions for child coverage.
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Section 5.07 – Long-Term Disability
The District shall provide a long-term disability plan for employees which has a
90-day elimination period and provides 67% of an employee’s monthly pre-disability
earnings up to a maximum of $7,000 per month for a designated period of time in
accordance with coverage procured by the District from a carrier to be determined at
the District’s sole discretion.
Section 5.08 – Short Term Disability
The District shall provide a short-term disability plan for employees which has a
30-day elimination period up to an employee’s eligibility for Long-Term Disability and
provides 67% of an employee’s weekly pre-disability earnings up to a maximum of
$1500 per week for a designated period of nine weeks in accordance with coverage
procured by the District from a carrier to be determined at the District’s sole discretion.
Section 5.09 – Dental Insurance
The District shall pay 100% of the premium for dental insurance for employees
who are regularly scheduled to work in excess of 30 hours or more per week, effective
the first of the month following the employee’s date of hire, and ⅔ of the additional
premium toward employee dependent coverage for covered employees with any
dependents in accordance with the provisions of any contract between the District and
any company or companies of the District’s choosing. The employee shall pay the cost
of the difference in premium, to be deducted from his/her salary to cover the
employee’s ⅓ share of the dependent coverage.
Section 5.10 – Vision Coverage
The District shall pay 100% of the premium for vision insurance for employees
who are regularly scheduled to work in excess of 30 hours per week, effective the first
of the month following the employee’s date of hire, and ⅔ of the additional premium
toward employee dependent coverage for covered employees with any dependents, in
accordance with the provisions of any contract between the District and any company
or companies of the District’s choosing. The employee shall pay the cost of the
difference in premium, to be deducted from his/her salary to cover the employee’s ⅓
share of the dependent coverage.
Section 5.11 – Cafeteria Plan
The District provides a plan under Section 125 of the Internal Revenue Code to
employees.
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Section 5.12 – Employee Assistance Program (EAP)
Depending on budget and other considerations, the District may provide an
employee assistance program. The EAP provides counseling and other services to
assist employees and their families dealing with personal and emotional problems
which affect or might potentially affect their job performance. This counseling is
provided through an outside third party company and is strictly confidential.
Section 5.13 – Retiree Insurance Benefits
For employees hired prior to December 8, 2011, and subject to carrier approval,
the District shall pay the amounts provided in Sections 5.04, 5.09, and 5.10 of this
Agreement for any employee who retires from the District. For every three (3) years of
service with the District, the retiree will receive the equivalent of one year of extended
benefits, or pro-ration thereof on a quarterly basis.
A. To be eligible for this benefit, the employee must at the time of retirement
or separation:
1. be regularly assigned to work 30 or more hours per week;
2. be at least 50 years of age;
3. have at least five (5) years of service with the District;
4. provide ninety (90) days’ notice of intent to retire; and
5. retire from the District during the term of this Agreement while in
good standing (did not retire after being provided written notice
that disciplinary investigation/proceedings were pending which in
the sole judgment of the District are reasonably anticipated to
result in a recommendation of dismissal from employment or which
have resulted in a determination by the District to impose
dismissal. If a dismissal is appealed and results in a final
administrative decision, (and where appealable, a court
determination) reinstating the employee, the withheld benefit shall
be retroactively implemented to the date of dismissal).
In addition, the employee must remain in retired status to maintain
eligibility.
B. If any benefit period remains when the retired employee and/or his/her
spouse reaches ages 65, whichever is latest, the coverage shall become
secondary to Medicare for the remainder of the benefit period.
C. The retired employee must make any contributions required of a regular
employee pursuant to Section 5.04, 5.09, and 5.10 prior to the first day of
the month in which coverage is to be extended. Failure of an employee to
make such payment shall result in termination of coverage and
termination of any right to any benefit pursuant to this section.
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D. Surviving Spouse/Dependent: If the retired employee dies while
receiving this benefit, the coverage will continue for the enrolled family
member until the surviving spouse remarries, the child no longer meets
all of the conditions of coverage, or the member enrolls in another group
medical plan.
E. For purposes of this Agreement, retired status means that the employee
shall not work for compensation for more than nine hundred sixty (960)
hours in any fiscal year (July 1 through June 30). The District shall require
an employee to certify under penalty of perjury that the employee has
remained on retired status and/or to submit to such additional verification
as the District deems necessary to demonstrate retired status.
F. Individuals hired on or after December 8, 2011, shall be ineligible to
receive this benefit.
Section 5.14 – Benefits Payroll Deduction
Subject to the singular exception of deducting employee health, dental, vision,
supplemental life and supplemental accidental death and dismemberment (AD&D)
insurance contributions over 24 payroll periods, the District employs 26 payroll periods
of two (2) weeks each as a means of distributing compensation.
Employee payroll deductions for the employee share of health, dental, vision,
supplemental life and supplemental accidental death and dismemberment (AD&D)
insurance premium contributions shall be amortized over 24 payroll periods and
deducted during said 24 payroll periods.
ARTICLE VI – MISCELLANEOUS BENEFITS
Section 6.01 – Safety Boot Allowance
An employee who is required to wear work footwear in the performance of
his/her job, as determined by the Department Manager, Human Resources/Risk and
Safety ManagerHuman Resources and Risk Manager, and/or Safety and Training
Analyst, shall be eligible for District-purchased safety footwear in an amount not to
exceed $250 each fiscal year. Safety footwear must meet American Society for Testing
and Materials (ASTM) minimum compression and impact performance standards in
ASTM F2413 or provide equivalent protection. Employees must purchase the
shoes/boots from a District-approved vendor. Any unused funds shall be forfeited at
the end of each fiscal year.
Any employee who separates from District employment within thirty (30)
calendar days of purchasing safety footwear or receiving reimbursement for safety
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footwear shall be required to reimburse the District for the cost of the safety footwear
regardless of the reason for the employee’s separation from the District.
If the Department Manager determines that an employee’s safety footwear is no
longer safe, the employee’s Department Manager may replace the used footwear with
a new pair of safety footwear (up to $250). The employee will be required to submit the
used safety footwear to the District in exchange for the replacement safety footwear.
Section 6.02 – Certificate Pay
The District shall provide the below indicated certificate pay amounts where any
employee in the Plant Operator I/II, Maintenance Worker I/II/III, Engineering
TechnicianAssistant Engineer I/II/III, Electrical/Instrumentation SCADA Technician, Sr.
SCADA Technician, Field Customer Service Representative/Meters II, Construction
Inspector, Sr. Construction Inspector, Water Quality Technician I/II, and Meter Reader
I/II classifications has been issued a State Water Resources Control Board (SWRCB)
Distribution, SWRCB Treatment, and/or California Water Environment Association
(CWEA) Collection Certificate(s) that is above and beyond the certification(s) required
for his/her classification. As determined at the sole discretion of the General Manager,
the certificate(s) must be relevant to the employee’s principal duties and must be
above and beyond the requirement of the employee’s classification.
A. In those instances where an employee has a Treatment, Distribution,
and/or Collection Certificate that is above and beyond the certification(s)
required for the employee’s classification, the District agrees to pay the
following certificate pay amounts on a biweekly basis. Employees will
receive no more than two (2) certificate pays per pay period.
TREATMENT
CERTIFICATE
DISTRIBUTION
CERTIFICATE
COLLECTIONS
CERTIFICATE
CERTIFICATE PAY
PER PAY PERIOD
T-1 D-1 C-1 $6.00/PP
T-2 D-2 C-2 $7.00/PP
T-3 D-3 C-3 $8.00/PP
T-4 D-4 C-4 $9.00/PP
T-5 D-5 N/A $10.00/PP
B. Subject to certificate pay being limited to a total of two (2) certificates,
each affected employee shall be eligible to receive, biweekly, the
combined total of the certificate pay amount that relates to any of the
above particular levels.
For example, an employee having been issued a T-3 certificate shall
receive an $8.00 biweekly certificate pay. An employee having been
issued a T-3 and a D-4 shall receive a $17.00 biweekly certificate pay. An
employee having a T-5, D-5 and a C-4, shall receive a $20.00 biweekly
certificate pay. Where three or more certificates have been issued, the
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two (2) certificates having the highest combined total shall be utilized to
determine the total certificate pay. As indicated above, certificate pay will
only be paid for an issued certificate which is above the certification
required of the employee holding a specific classification. Thus, a Plant
Operator II having been issued a T-2 and a D-3 certificate shall receive
no certificate pay. A Plant Operator II having been issued a T-2 certificate
and a D-4 certificate shall receive a $9.00 biweekly certificate pay.
C. Individuals within the Mechanic I/II/III classifications are eligible for the
following certificate compensation upon being awarded specified
certificates issued by the National Institute for Automotive Service
Excellence (ASE).
It has been agreed by the parties that the following available ASE
certificates shall be deemed relevant to the employee’s principal duties.
Those certificates as defined by the ASE are:
Alternate Fuels Certification Test (F1)
Advanced Engine Performance Specialist Certification Test (L1)
Electronic Diesel Engine Diagnosis Specialist Certification Test
(L2)
Undercar Specialist Exhaust Systems Test (X1)
Any A1-A9 test certificate listed in the Automobile & Light Truck
Certification Tests (A Series)
Any E1-E3 test certificate listed in the Truck Equipment
Certification Tests (E Series)
Any T1-T8 test certificate listed in the Medium-Heavy Truck
Certification Tests (T Series)
Where these classified employees have been issued an ASE certificate
deemed by the General Manager to be relevant to the employee’s
principal duties, the employee shall receive an $8.00 biweekly certificate
pay for each certificate, not to exceed two (2) certificates ($16.00
biweekly). The District agrees to pay the aforementioned certificate pay
amounts on a biweekly basis.
D. Payment by the District of any exam fees, certificate fees, renewal fees or
similar fees shall only be made following provision to the District of
evidence that the employee has successfully qualified for and been
awarded the pertinent certificate(s). The biweekly certificate pay(s) shall
be paid only while a certificate remains valid.
Section 6.03 – Education Reimbursement
The District shall provide pre-approved reimbursement for regular full time
employees to assist with the cost of tuition, fees, books and parking for undergraduate
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and graduate level studies up to a Masters level coursework. As education
reimbursement each fiscal year, employees may, based upon level of enrollment,
receive up to the equivalent of one academic year’s full-time undergraduate or
graduate tuition at California State University for an in-state resident.
To qualify for reimbursement, regular full time employees must successfully
complete a pre-approved course with a passing grade (C or better). In the event of a
“Credit/No Credit” Course, “Credit” will be considered a passing grade. Proof of
payment and successful completion of the course with a passing grade as indicated in
the District’s Educational Reimbursement Policy must accompany the Educational
Tuition Reimbursement form (Exhibit A of the District’s Educational Reimbursement
Policy). The employee shall be responsible for any tax consequences as a result of
education reimbursement.
Once the degree is earned, the employee shall be required to complete three (3)
years of District employment from the date the degree is awarded. If, for any reason,
the employee separates from the District prior to the completion of three (3) years,
he/she shall be required to reimburse the District 1/3 of the total received educational
reimbursement for each year remaining. For example, an employee is awarded his/her
degree on June 1, 2018. If he/she separates from the District on September 20, 2019,
he/she shall reimburse the District 2/3 of the total received educational reimbursement.
If he/she separates from the District on September 20, 2020, he/she shall reimburse
the District 1/3 of the total received educational reimbursement.
Section 6.04 – Commercial Driver’s License Pay
An employee who has a valid California Class A Commercial Driver’s License in
the performance of their job, shall be eligible for a $23.00 biweekly premium pay.
Section 6.05 – Uniforms
The District provides a District-funded cleaning service for uniform pants and
shirts with the employee’s name and District logo. The field uniforms provided to
employees may include District-issued shorts and t-shirts which may only be worn in
accordance with District established safety guidelines.
ARTICLE VII – WORK SCHEDULE
Section 7.01 – Work Week
Employees shall be in attendance at their work in accordance with the rules
regarding hours of work, holidays and leaves. All departments shall keep biweekly
timesheets of employees which must be reported in the form and on the dates
specified by the Human Resources and Risk ManagerHuman Resources/Risk and
Safety Manager. Unless otherwise authorized by a supervisor, employees are
expected to be at work during all scheduled work hours in order that the District may
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meet its work goals and objectives. Employees who are frequently late and/or absent
shall be subject to discipline as outlined in Article XI.
A. The regular work week for all employees covered by this MOU shall be
forty (40) hours as scheduled by department heads. It is expressly
understood the department manager may schedule maintenance and
plant operation shifts which include evening, weekend and holiday work.
B. Paychecks will be distributed on the Thursday following the end of each
payroll period. Payroll periods shall be two (2) weeks long, commencing
on a Sunday and ending on the last Saturday of the two (2) week period.
If the Thursday payday falls on a holiday, the pay shall be distributed on
the prior day, a Wednesday.
C. 4/10 WORK SCHEDULE: Employees shall be assigned to a four (4) day
work week, consisting of ten (10) scheduled hours of work each day. The
parties agree, understand and acknowledge that management clearly and
unequivocally has the right to terminate the 4/10 schedule at any time
during the term of the MOU or after, and that any such termination of the
4/10 schedule shall not be subject to the meet and confer process, either
as to the management decision being made and/or as to the impact of
that decision. In such case, the schedule shall revert to the 9/80 schedule
as it existed prior to implementation of the 4/10 schedule on December
31, 2011. Any District-proposed change to the 9/80 schedule shall be
subject to the meet and confer process. The FLSA work period for
employees assigned to a 4/10 work schedule will begin at Sunday at
12:00 a.m. and end the following Saturday at 11:59 p.m., and recurring
thereafter.
D. ALTERNATIVE WORK SCHEDULES: Work schedules of more than
eight hours within one day but not more than forty hours within a period of
seven consecutive days (9/80) may be scheduled by management to
meet the work needs of the District. Where it meets the needs of both
the District and the employee, an alternative work schedule may be
scheduled.
ALTERNATIVE WORK SCHEDULE OPTION 1: Employees working a
9/80 schedule shall work nine (9) hours per day on Monday through
Thursday, and eight (8) hours per day on alternating Fridays. Employees
shall have every other Friday off. For employees working a 9/80 work
schedule, each employee’s designated FLSA work period shall begin
exactly four hours after the start of his/her their eight hour shift on the day
of the week that corresponds with the employee’s alternating regular day
off. The 9/80 work schedule is displayed as follows:
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SU MO TU WE TH FR SA
Off 4
(Start Workweek)
Off 9 9 9 9
Off
(End Workweek) Off Off
(Start Workweek)
Off 9 9 9 9
4
(End Workweek)
ALTERNATIVE WORK SCHEDULE OPTION 2: Employees working a
9/80 schedule shall work nine (9) hours per day on Tuesday through
Friday, and eight (8) hours per day on alternating Mondays. Employees
shall have every other Monday off. For employees working a 9/80 Option
2 work schedule, each employee’s designated FLSA work period shall
begin exactly four hours after the start of their eight hour shift on the day
of the week that corresponds with the employee’s alternating regular day
off. The 9/80 work schedule is displayed as follows:
SU MO TU WE TH FR SA
9 9 9 9 Off 4
(Start Workweek)
Off
Off
(End Workweek) 9 9 9 9 Off Off
(Start Workweek)
Off
4
(End Workweek)
E. TIMESHEETS: All District employees must complete timesheets showing
hours worked and leave taken. They must be signed by the employee,
the employee's supervisor and Department Head or designated
representative(s). Notice of any corrections to the timesheets shall be
sent to the employee and Department Head. Such corrections shall be
deemed final unless questioned by the employee within thirty (30) days
after the notice of correction is given to the employee. Unresolved
matters may be taken to the General Manager for a final determination.
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Section 7.02 – Overtime
An employee who may be asked to perform overtime shall be notified of the
apparent need for such overtime as soon as practicable prior to the commencement of
overtime.
Overtime opportunities shall be made available first on an equal basis to regular
full-time employees capable of performing the work. All overtime must be authorized
in advance by the employee’s Department Head, General Manager, or designated
representative(s).
All employees must accurately report all work time to the nearest five minutes.
Overtime is credited in fifteen minute increments; where an employee works 7 minutes
or more, the District will round up and pay for fifteen minutes; where an employee
works less than 7 minutes, the District will round down. Time worked as overtime shall
not be used to earn supplemental benefits or to serve out probation or merit increase
periods.
Section 7.03 – Overtime Pay
An employee shall be compensated at one and one-half (1½) times his/her
hourly rate of pay for hours worked in excess of forty (40) hours in any one work
period. Overtime shall be calculated to the nearest one-quarter hour of overtime
worked. In order to receive overtime compensation, non-emergency overtime must be
authorized in advance by the appropriate department manager.
In addition to actual hours worked, scheduled vacation hours authorized at least
twenty-four (24) hours prior to use, compensatory time and/or agency observed holiday
time that falls within the employee’s regular shift shall also count as hours worked for
purposes of computing overtime, and shall be paid at one and one-half (1½) times
his/her hourly rate of pay. If an agency observed holiday falls outside of an employee’s
regular shift and the employee does not actually work on the day of the holiday, the
holiday shall not count as hours worked when computing overtime.
Sick leave hours which are utilized by the employee, shall not be considered
hours worked for purposes of computing overtime eligibility, whether pursuant to this
MOU or pursuant to the requirements of the FLSA.
Additionally, vacation hours not authorized twenty-four (24) hours prior to use,
shall not be considered hours worked for purposes of computing overtime eligibility,
whether pursuant to this MOU or pursuant to the requirements of the FLSA.
Section 7.04 – Compensatory Time
A. Compensatory time, in lieu of monetary overtime compensation, shall be
provided at the selection of the employee at a rate equal to one and one-
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half (1½) hours of compensatory time for each hour of overtime worked to
be taken as paid time off. Compensatory time shall be calculated to the
nearest one-quarter hour of overtime worked. The maximum amount of
compensatory time off which shall be accrued is forty (40) hours.
B. At the employee’s discretion, the employee may sell to the District up to
forty (40) hours of accrued unused compensatory time. An employee
must provide at least fifteen (15) days prior notice to sell-back
compensatory time and will only be paid on the last payday in March and
July of each year. All unused compensatory time accrued as of the last
full pay period in December will be cashed out at the employee’s hourly
rate of pay on the last payday in December.
C. Selection of accrued compensatory time in lieu of overtime pay shall be
made by the employee at the time he/she submits his/her timesheet. The
usage of compensatory time shall be approved in advance by the
employee’s manager and/or supervisor. An employee desiring to utilize
accrued compensatory time shall submit an Employee Time Off Request
Form to his/her supervisor. Compensatory time off may be taken in 15
minute increments, unless in the supervisor’s sole determination, use of
the compensatory time off for the requested date(s) and time(s), shall
result in an undue hardship to the District.
D. In the event an employee is promoted/reclassified to a classification
outside of the bargaining unit, the employee shall be paid for all
compensatory time on the books at the employee’s hourly rate of pay
prior to the change in classification.
E. Upon separation from employment, the employee shall be compensated
for all accrued compensatory time at the employee’s current hourly rate
of pay.
Section 7.05 – Fatigue Accommodation
In any instance where at the direction of a supervisor an employee works
sixteen (16) or more hours during a 24 hour period of time, the employee shall be
provided with eight (8) consecutive hours of non-work time before being compelled to
commence a regularly scheduled shift or to commence other duties on behalf of the
District. This section shall not apply to employees who are on standby duty.
In any instance where use of the eight (8) consecutive hour period results in the
employee being excused from scheduled hours of work, the employee shall have said
hours credited as compensable hours worked. In any instance where utilization of the
eight (8) consecutive hour period would result in there being three (3) or less hours of
scheduled work time remaining should the employee return to his/her work assignment,
a department manager shall have discretion to relieve the affected employee of the
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obligation to report to the District for the remainder of the scheduled hours of work.
Where the department manager exercises that discretion, the three (3) or less
remaining hours of scheduled work shall be considered compensable hours worked.
Section 7.06 – Meals During Emergency Service
If an employee is required to remain at work for a minimum of two hours
following the close of his/her regular workday for the purpose of performing emergency
overtime work, the District shall provide that employee with an adequate meal. If an
employee is called out to perform emergency overtime work during the morning hours
of a regularly scheduled working day, the District shall provide that employee with an
adequate meal if such overtime work continues past the hour of 7 a.m. If an employee
is called out to perform emergency overtime work, the District shall provide an
adequate meal at four-hour intervals during the performance of such overtime work.
Meal time is considered working time and shall be compensated for at the appropriate
overtime rate. The District shall not provide meals before, during or after any overtime
work which is scheduled in advance. If the District is unable to provide the employee
with a meal the employee is authorized to spend up to $10.00 to obtain a meal and
shall be reimbursed upon provision to the District of a receipt.
Section 7.07 – Rest Period
An employee shall be granted one fifteen (15) minute rest period for each four
(4) hours worked. The rest period shall be determined by the supervisor. Rest periods
cannot be combined to extend the lunch period or shorten work hours.
Section 7.08 – Standby Compensation
An employee assigned to standby duty for purposes of being on call to handle
emergency situations arising at times other than normal scheduled working hours, and
not as an extension of a regularly scheduled shift, shall be paid a flat fee for each day
he/she is assigned to standby duty. In those instances where the standby occurs on
Monday through and including Thursday, the flat fee during the term of this MOU shall
be Thirty-Five Dollars ($35.00). In those instances where the standby occurs on a
District recognized holiday and/or Friday through and including Sunday, the flat fee
during the term of this MOU shall be Fifty-Five Dollars ($55.00).
A “standby day” for purposes of calculating standby compensation shall be that
period of time when an employee has been assigned to be available for purposes of
handling emergency situations arising at times other than normally scheduled working
hours and not as an extension of a regularly scheduled shift. It is understood that
standby duty for pump operations will be provided by qualified and available employees
as assigned by the supervisor and/or Operations Manager, and that those individuals in
Maintenance Worker I and Maintenance Worker II positions determined qualified by the
District shall be eligible for standby duty. The pay for standby compensation shall be
paid on the regular pay day for the pay period in which the standby duty is completed.
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An employee on standby duty must (1) be ready to respond immediately to a
call for service, (2) be readily available at all hours by telephone or other agreed upon
communication equipment, and (3) refrain from activities which might impair their
assigned duties upon call. The parties agree that an employee must be able to arrive at
District boundaries within forty-five (45) minutes from receiving a call-out. The parties
agree that employees on standby duty, as defined above, are “waiting to be engaged.”
Section 7.09 – Call-Out Compensation
A “call-out” occurs when an employee on assigned standby duty is required to
return to a District worksite or is otherwise required to commence work following the
employee’s departure from the worksite at the end of his/her regular scheduled work
shift. Therefore, a “call-out” is not an extension of a regular scheduled work shift.
Upon being initially “called-out” during each standby day, the employee shall be
entitled to at least two (2) hours’ pay at one and one-half (1½) times the employee’s
hourly rate of pay, regardless of whether or not the initial call-out work is completed in
less than two (2) hours’ time. During any standby day, this two-hour minimum shall
apply only once. If a subsequent call-out commences during the period of time for
which the employee has received the initial minimum compensation of two (2) hours,
there shall not be an additional minimum compensation for this subsequent call-out.
The employee shall be compensated at the rate of one and one-half (1½) times the
employee’s hourly rate of pay for all hours worked, over the initial two (2) hour
minimum compensation provided because of the initial call-out.
However, if a call-out occurs subsequent to the initial call-out and two (2) hours
or more have elapsed between commencement of the initial call-out and
commencement of the subsequent call-out, there shall be a one and one-half (1½)
hour minimum call-out compensation provided to the employee for this subsequent
call-out. This one and one-half (1½) hour minimum eligibility shall repeat itself
throughout the standby period as long as there is two (2) hours or more passage of
time between the initial call-out and the subsequent call-out.
EXAMPLE: Start Shift 0700 – End Shift 1630
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Call-out commences at 1800 hours and is completed at 1900 hours. The
employee would be paid for two (2) hours at one and one-half (1½) times the hourly
rate. At 1930 hours, the employee commences a ten (10) minute call. No additional
payment would be due as the employee has already accrued compensation for the two
(2) hour minimum. At 1945 hours, the employee commences a thirty (30) minute call.
For the call that commenced at 1945 hours, the employee would be paid for .25
additional hours at one and one-half (1½) times the hourly rate, because the call, which
lasted until 2015 hours, commenced during the initial two (2) hour minimum payment
period but exceeded that period by fifteen (15) minutes.
If the initial call-out had commenced at 1830 hours and was completed at 1900
hours and the next call-out had commenced at 2030 hours, the employee would be
eligible for a one and one-half (1½) hour minimum call-out payment at one and one-
half (1½) times the employee’s hourly rate for the call-out that commenced at 2030
hours, because two (2) hours or more will have passed between the commencement of
the initial call-out and the commencement of the subsequent call-out. If a third call-out
was to commence on or after 2200 hours, the employee would then be eligible for an
additional one and one-half (1½) hour minimum payment.
Where a “call-out” requires the employee to leave his/her residence and respond
to a designated worksite, computation of compensable work hours shall include travel
time to and from the employee’s residence and the worksite. Compensable work hours
shall also include time spent on the telephone or other electronic device whereby the
“call-out” is assigned and/or efforts by telephone or other electronic devise are
undertaken to address the subject of the “call-out.”
Employees shall have a District issued ID badge in his/her possession when
responding to call-outs for ease of identification from outside the vehicle.
1630 1700 1730 1800 1830 1900 1930 1945 2000 2030 2100 2130 2200 2230 2300 240
0
Call out
commences
1800 & ends
1900
10
minute
phone
call
30
minute
call
30
minutes
= 2 hours’
pay at 1.5
times hourly
rate
included
in 2 hour
minimum
.25
hours’
pay at
1.5
times
hourly
rate
1.5
hours’
pay at
1.5
times
hourly
rate
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ARTICLE VIII – CONCERTED ACTIVITIES
Section 8.01 – General
A. Apart from and in addition to existing legal restrictions upon remedies for
work stoppages, the Association hereby agrees that neither it nor its
members, agents, representatives or persons acting in concert with any
of them, shall incite, engage or participate in any strike, walkout,
slowdown, sick-out or other work stoppage of any nature against the
District whatsoever or wheresoever located, including, but not limited to
disputes which are related to the subject matter contained in this MOU;
disputes between the District and any other organization, persons or
employees; or jurisdictional disputes. In the event of any strike, walkout,
slowdown, sick-out or other work stoppage or threat thereof against the
District, the Association and its officers will take all steps reasonably
within their control to end or avert the same.
B. Those represented by the Association shall not authorize, engage in,
encourage, sanction, recognize or assist in any strike, walkout, sick-out
or other work stoppage or picket in furtherance thereof, or participate in
concerted interference in violation of this provision or refuse to perform
duly assigned services in violation of this provision. It is understood that
any person represented by the Association found in violation of this
provision will be subject to discipline, including termination, as determined
appropriate by the District.
ARTICLE IX – LEAVES
Section 9.01 – Holidays
A. The District’s holiday schedule is set forth in Exhibit “G”.
B. For purposes of holiday compensation, compensation shall be equal to
the number of hours that the employee normally would have worked
other than for the holiday.
C. For those employees whose scheduled work week is Monday through
Thursday, a District-observed holiday falling on a Friday, Saturday, or
Sunday shall convert into a floating holiday to be used within the fiscal
year in which it is accrued or the following fiscal year. Any unused
floating holiday will be cashed out at the employee’s then hourly rate of
pay at the end of the fiscal year following the fiscal year during which the
time was accrued. For example, any unused floating holiday time accrued
during fiscal year 2017-18 would be cashed out at the end of fiscal year
2018-19.
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D. In order to be eligible for holiday pay, an employee must be either at
work, on a paid leave of absence, or on a leave of absence protected by
law (e.g., FMLA/CFRA) on the regularly scheduled workday immediately
preceding the day observed as the holiday and the regularly scheduled
workday immediately following the day observed as the holiday.
E. Employees working at least 20 hours but not more than 30 hours may
receive holiday pay in proportion to the average of normal hours worked
as a part-time employee compared to full time, (i.e., 4 hours per day
worked by a regular part-time employee would be paid 4 hours on a
holiday).
Section 9.02 – Vacation Leave
A. An employee who is regularly scheduled to work more than thirty (30)
hours per week shall accrue paid vacation at the following rate:
Duration of Continuous Regular Employment Hours Accrued per Pay Period
During 1st through 60th month (0-5 yrs) 3.077 hrs = 2.0 wks/yr
During 61st through 120th month (5-10 yrs) 4.615 hrs = 3.0 wks/yr
During 121st through 180th month (10-15 yrs) 5.384 hrs = 3.5 wks/yr
During 181st through 240th month (15-20 yrs) 6.153 hrs = 4.0 wks/yr
During 241st month and thereafter (20+ yrs) 6.922 hrs = 4.5 wks/yr
B. Vacation leave shall continue to accrue in accordance with the above
provisions when an employee is either at work, or on a paid leave of
absence.
C. Vacation leave shall be scheduled with due regard to the interests of the
District and must be approved in advance by the employee’s Department
Manager or immediate supervisor. An employee must request vacation
leave at least two (2) work days in advance.
D. An employee may not take more vacation leave than the amount the
employee has accrued. The minimum amount of vacation leave that may
be taken at any given time shall be fifteen (15) minute increments.
E. An employee on an original probationary period shall accrue vacation
commencing with the start of employment but shall be ineligible to use
accrued vacation leave prior to successfully completing of six (6) months
of service.
F. The total maximum vacation that may be accrued shall be one and one-
half (1½) times the amount that may be accrued in one year of service,
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based on the employee’s rate of accrual. If the employee has accrued the
maximum total amount of vacation, no additional vacation shall be
accrued, nor shall the cash equivalent of excess vacation accruals be
earned.
F.G. However, where in the sole discretion of the General Manager it is
determined that requirements of the District are the sole reason for At the
sole discretion of the General Manager, if an employee being is unable to
timely schedule and utilize vacation time off due to business necessity,
said employee may be authorized to accrue over their total annual
maximum and will be given a timeframe to use those excess accruals
may be provided authorization to accrue additional vacation time in an
amount determined in the sole discretion of the General Manager.
H. At the sole discretion of the General Manager, if an employee is unable to
timely schedule and utilize vacation time off due to an overriding concern
such as a medical leave of absence, said employee may be authorized to
accrue up to 80 additional vacation hours over their total annual
maximum. Once the employee returns to work, they will no longer accrue
leave and will have six (6) months to bring their accrued leave time down
below their total annual maximum in order to accrue leave again.
G.I. Upon separation, an employee shall be cashed out at their current rate of
pay for any vacation leave accrued but not taken.
H.J. For the term of this MOU only, an employee who has been employed by
the District for more than one year may sell to the District up to forty (40)
hours of accrued unused vacation leave. To be eligible for this benefit,
an employee must submit his/her irrevocable election by December 31st
of each year to be paid on the second payday in November of the
following year to receive cash for up to forty (40) hours of vacation time
that would otherwise accrue in the immediate following year. For
example, an employee irrevocably elects to sell 40 hours of vacation
leave on December 12, 2018. The employee will be paid out on
November 27, 2019.
I.K. An employee who works, or is on a paid leave of absence between
twenty (20) and thirty (30) hours per week shall accrue vacation leave on
a proportionate basis relative to a full time employee.
Section 9.03 – Sick Leave
A. Sick leave is not an earned right to time off from work. Sick leave is
provided for use if the employee is unable to work because of illness, and
as otherwise required by law.
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B. An employee eligible for paid sick leave shall be granted such leave for
the following reasons:
1. Diagnosis, care, or treatment of an existing health condition of, or
preventative care for, an employee or a member of the employee’s
immediate family.
2. For employees who are victims of domestic violence, sexual
assault, or stalking: a) to obtain a temporary restraining order or
other court assistance to help ensure the health, safety, or welfare
of the employee or his or her child; or b) obtain medical attention
or psychological counseling, services from a shelter, program or
crisis center, or participate in safety planning or other actions to
increase safety.
C. In order to receive sick pay if the need for leave is foreseeable, e.g., for
routine medical or dental appointments, the employee must notify their
immediate supervisor twenty-four (24) hours in advance. If the need for
sick leave is not foreseeable, the employee shall provide advance notice
as soon as practicable. If the employee is required to be absent on sick
leave for more than one day, the employee must keep the immediate
supervisor informed each day as to the date the employee expects to
return to work and the purpose of the leave.
D. In the event that an employee is absent on sick leave in excess of three
(3) days or twenty-four (24) hours, or if the District has cause to believe
that an employee is misusing sick leave, the District may require that the
employee submit a written statement by a physician licensed by the State
of California certifying that the condition of the employee or the
employee’s family member prevented the employee from performing
his/her duties. All employees who use paid leave to address issues
related to domestic violence, sexual assault, or stalking, and who cannot
provide advance notice of their need for leave, must provide certification
of the need for leave within a reasonable time thereafter.
E. An employee who is regularly scheduled to work more than thirty (30)
hours shall accrue sick leave at the rate of 3.70 hours per payroll period.
Sick Leave shall continue to accrue when an employee is either at work,
or on a paid leave of absence.
F. An employee may not take more sick leave time than the amount the
employee has accrued. The minimum amount of sick leave that may be
taken at any time shall be fifteen (15) minutes. An employee may use
accrued sick leave beginning on the 90th day after the first day of
employment, subject to the limits and request provisions in this Section.
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G. CalPERS Unused Sick Leave Credit: An employee who retires in
accordance with the Public Employees’ Retirement System qualifications
shall be paid at the rate of their final salary for ⅜ of their accumulated
days of sick leave, if any, at the time of separation from active
employment. The remaining ⅝ of their accumulated days of sick leave will
be converted into CalPERS service credit.
H. An employee who to works, or is on a paid leave of absence between
twenty (20) and thirty (30) hours per week shall accrue sick leave on a
proportionate basis relative to a full time employee.
Section 9.04 – Disability Leave
A. In situations where an employee has been injured in a non-duty accident
and his/her disability leave exceeds thirty (30) continuous calendar days,
their merit review and anniversary dates will be adjusted accordingly for
that portion of leave exceeding thirty (30) continuous calendar days.
B. An injured employee may elect to take sick leave and/or vacation leave, if
available, subject to the limitation that his/her disability payment, when
added to his/her paid leave, does not result in a net payment exceeding
his/her regular compensation.
Section 9.05 – Bereavement Leave
Upon the death of an immediate family member, an employee shall be entitled
to use up to three (3) days of District-paid bereavement leave to attend funeral services
and/or conduct business associated with the deceased. The General Manager, at
his/her sole discretion, may allow the employee to use up to an additional four (4) days
of sick leave for this purpose.
The General Manager, at his/her sole discretion, may also allow an employee to
use up to four (4) days of sick leave, if available, for bereavement of a non-immediate
family member.
Section 9.06 – Unpaid Leave of Absence
A. An employee’s request for any unpaid leave of absence shall be
submitted to the Human Resources/Risk and Safety Manager Human
Resources and Risk Manager. In consultation with Human
Resources/Risk and Safety Manager Human Resources and Risk
Manager, department managers may grant an employee a leave of
absence without pay for a period not to exceed two (2) weeks.
B. In consultation with Human Resources/Risk and Safety Manager Human
Resources and Risk Manager, the General Manager may grant an
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employee a leave of absence without pay or seniority for a period not to
exceed six (6) months. After six (6) months, the leave of absence may be
extended if authorized by the Board of Directors. No such leave shall be
granted except upon written request of the employee, setting forth the
reason for the request. Approval, if granted, shall be in writing from the
General Manager, or designated representative(s) thereof, and such
approval shall be entirely at their discretion.
C. Except as provided by law, the District shall not be required to make
contributions toward insurance or retirement coverage. An employee on
an unpaid leave of absence for more than thirty (30) continuous calendar
days shall submit to the District any and all actual premiums for any and
all insurance coverage. If the employee chooses not to submit any or all
of these premiums, their coverage shall be terminated within the limits
prescribed by the benefit carriers and shall be reinstated within the limits
prescribed by the benefit carrier at the time of their reinstatement by the
District.
D. Upon expiration of an approved unpaid leave of absence or within twenty-
four (24) hours’ notice to return to duty, the employee shall be reinstated
in the position held at the time the leave was granted. Failure on the part
of an employee to report to work promptly at the expiration of the
approved leave period may subject the employee to disciplinary action up
to and including termination. The depositing in the United States mail of a
first-class postage-paid letter addressed to the employee’s last known
place of residence shall be reasonable notice.
E. Except as provided by law, an employee on an unpaid leave of absence
exceeding thirty (30) continuous calendar days shall have his/her
seniority extended by the number of calendar days they were on leave.
Section 9.07 – Voting Leave
An employee may take off such working time as shall enable them to vote,
providing such employee is a registered voter and does not have sufficient time outside
regular working hours within which to vote. A maximum of two (2) hours may be taken
with pay. The scheduling of the time referenced above is subject to approval of the
Department head and shall normally be at the beginning or end of the work shift.
Section 9.08 – Jury Duty/Court Testimony
An employee required to serve as a trial juror shall be entitled to be absent from
their duties during the period of jury service. The employee shall receive full
compensation from the District for a period not to exceed ten (10) working days for
each period of jury duty. If court records indicate that the employee advised the court of
this ten (10) working day limit for which the District provides payment, and the
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employee is nonetheless selected for a jury, and the jury duty exceeds ten (10) working
days, the excess days shall be paid by the District. Witness fees or juror fees, with the
exception of mileage reimbursement, shall be submitted to the District.
Section 9.09 – Military Leave
Payment of an employee on military leave is governed by law. Employees must
submit a copy of military orders to the Human Resources/Risk and Safety Manager
Human Resources and Risk Manager prior to the beginning of the military leave period
and as soon as the employee knows of the need to request such leave, except where
military necessity dictates.
Section 9.10 – Alt Time
All employees who currently possess alt-time in his/her leave balance will have
until April 30, 2019 to take as paid time off. All unused alt-time shall be cashed out at
his/her current hourly rate of pay on May 16, 2019.
ARTICLE X – LAYOFF PROCEDURES
Section 10.01 – Elimination of Position
The Board may require elimination or curtailment of a public service activity if
the Board determines it is in the public interest. Such Board action may result in the
layoff of one or more employees. The following procedure is intended to provide
consideration to seniority of service.
Section 10.02 – Layoff Procedure
A. When employees have equal seniority for retention in a class, the
employee with the longest length of continuous service with the District
since the employee’s last date of hire shall have the highest retention
priority.
B. ORDER OF LAYOFF: When layoff is necessary, employees are subject
to layoff by classification and by department in the following order:
1. Temporary employees shall be laid off in an order determined by
seniority.
2. Probationary and provisional (acting) employees shall be laid off in
an order determined by seniority.
3. Regular and promotional probationary employees shall be laid off
in an order determined by seniority.
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C. SENIORITY LIST: Employees shall be subject to layoff as follows:
1. The names of all employees in a classification within a department
shall be listed in order of seniority according to the categories
described above. The procedure described below shall be applied
to each category in order until it is exhausted before moving to the
next category.
2. If one layoff is to be made, the three (3) least senior employees
shall be considered. If more than one layoff is to be made, the
number of employees lowest in seniority equal to the number of
layoffs plus two shall be considered. The General Manager shall
base layoff decisions on seniority.
3. In order to avoid layoff, an employee laid off under the provisions
of Section 10.02.C.2 above may, within three (3) working days of
receiving the layoff notice, request demotion to a position in any
lower classification within the same series, or in an equivalent
series, or in any classification within the classified service in which
the employee previously held regular status. Whether to allow an
incumbent to bump shall be based upon seniority. The decision
must be recommended by the Human Resources/Risk and Safety
Manager Human Resources and Risk Manager and approved by
the General Manager.
4. In the case of any question as to the equivalency of classifications
for purposes of Section 10.02.C.3 above, the decision of the
Human Resources/Risk and Safety Manager Human Resources
and Risk Manager is final.
D. WRITTEN NOTICE OF LAYOFF: Any employee to be laid off shall be
given written notice of layoff not less than fourteen (14) calendar days
prior to the effective date of such layoff.
Section 10.03 – Reemployment
A. REEMPLOYMENT LIST: The names of persons laid off shall be placed
on a reemployment list for each classification in the same and any
equivalent series at or below the level of the classification from which laid
off and for each classification in which regular status was previously held.
These names shall be placed on the reemployment list in reverse order of
layoff. The last employee laid off is the first employee on the
reemployment list, with other laid off employees listed in sequential order
thereafter. An employee whose position has been reallocated to a lower
classification but who has not been demoted for cause shall also have
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his/her names placed on the reemployment list for the classification from
which his/her position was reallocated. Reemployment lists shall be
certified by the Human Resources/Risk and Safety Manager Human
Resources and Risk Manager and be valid for one year from the date of
layoff.
B. APPOINTMENTS: The General Manager shall select from among the
three highest available and qualified on the reemployment list.
Qualifications shall be determined by the last performance evaluation
prior to layoff.
C. PRIOR SERVICE AND ANNIVERSARY DATE: For the purpose of
computing total seniority with the District, an employee reemployed shall
have the same prior service credited to them as they had at the time of
layoff. Upon reemployment an employee shall be credited with the same
portion of a year as that credited at the time of layoff for purposes of
establishing a new anniversary date for merit increase eligibility.
Section 10.04 – Salary Upon Reemployment After Layoff
An employee reemployed in the same classification or a comparable
classification shall be placed in the same salary step held upon layoff.
ARTICLE XI – EMPLOYEE DISCIPLINE
Section 11.01 – Cause for Discipline
Employees who have passed probation may be subject to discipline for reasons
including but not limited to, the following:
A. FRAUD IN SECURING EMPLOYMENT: Making a false statement
on an application for employment or on any supporting documents
furnished with or made part of any application.
B. INEFFECTIVENESS: Failing to meet or comply with the minimum
standards of a position or to perform the duties required of an
employee in that position in an effective and timely manner.
C. ABSENTEEISM: Excessive absences or repeated lateness for
work.
D. DISOBEDIENCE/INSUBORDINATION: Willfully failing to follow or
conform to established supervisor’s lawful orders or directions, or
acting in an insulting or demeaning manner toward a supervisor.
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E. DISHONESTY: Communicating information in an untruthful or
misleading manner.
F. SUBSTANCE ABUSE: Being under the influence of alcohol or
illegal drugs while on duty.
G. VIOLATION OF DISTRICT/DEPARTMENT/SECTION RULES OR
POLICIES: Violation of the MOU, District policies and/or
procedures, departmental/section rules, or professional standards.
H. DISCOURTESY: Discourteous treatment of other employees or
members of the public.
I. PROPERTY USE: Improper or unauthorized use of District
property.
J. UNBECOMING CONDUCT: Conduct likely to cause discredit to
the employee or the District or impair the ability of oneself or
others to effectively perform job duties.
K. ABUSE OF LEAVE: Abuse of sick leave or other leaves, including,
but not limited to, using leave for unauthorized purposes.
L. CARELESSNESS/NEGLIGENCE: Careless or negligent behavior
in the care or handling of District property.
M. UNAUTHORIZED OVERTIME: Performing overtime work without
prior authorization.
N. FRAUDULENT ACTION: Falsifying a timesheet, production record
overtime sheet or other work record, or engaging in fraud of any
type.
O. SLEEPING ON DUTY.
P. READING NON-WORK RELATED MATERIAL DURING
WORKING HOURS, EXCEPT DURING AUTHORIZED BREAKS
AND/OR MEAL PERIODS.
Q. CARRYING A FIREARM OR OTHER UNAUTHORIZED WEAPON
WHILE ON DISTRICT PROPERTY.
R. POSSESS, SELL, BUY, DISTRIBUTE, OFFER TO POSSESS,
SELL, BUY, DISTRIBUTE OR USE, BEING UNDER THE
INFLUENCE OR HAVING IN THE EMPLOYEE’S SYSTEMS ANY
ILLEGAL SUBSTANCE, ALCOHOL OR ANY LEGAL DRUG OR
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SUBSTANCE NOT PROPERLY OBTAINED BY THE EMPLOYEE,
WHILE ON DISTRICT TIME AND/OR PROPERTY.
S. DANGEROUS ACTS: Engaging in conduct likely to endanger
oneself, other employees or members of the public, and/or create
potential liability for the District through damage or injury.
T. DISRUPTION OF DISTRICT BUSINESS THROUGH WILLFUL
MISCONDUCT.
U. SEXUAL ACTIVITY ON DUTY.
V. RELEASE OF CONFIDENTIAL INFORMATION.
W. CRIMINAL CONDUCT: Commission of a crime either a) during the
course of employment or b) during the employee’s off-duty hours if
there is a nexus to the employment relationship between the
District and the employee, the employee becomes unavailable for
work as result, or the District’s interests are adversely affected.
Section 11.02 – Types of Actions
The types of disciplinary actions are: verbal reprimand, written reprimand,
suspension without pay, involuntary demotion, reduction in pay and termination.
For each type of disciplinary action, certain steps and procedures must be
followed. A supervisor who is considering a disciplinary action beyond a verbal
reprimand should discuss the circumstances of the situation with the Human
Resources/Risk and Safety Manager Human Resources and Risk Manager before
taking any action unless the particular situation requires immediate action. A
supervisor is not required to take disciplinary action in sequential order. Depending
upon the specific circumstances of the violation, the supervisor should determine which
action (or actions) is appropriate, in consultation with the Human Resources/Risk and
Safety Manager Human Resources and Risk Manager.
Section 11.03 – Progressive Steps
Disciplinary actions may, but are not required to, be taken in progressive steps
as follows:
A. VERBAL REPRIMAND: The supervisor holds a Verbal Reprimand
meeting with the employee. The purpose of the meeting is to explain the
employee's conduct or acts which are in violation of the MOU, policies,
procedures, or practices, and to remind the employee of the behavior that
is expected in the future and the consequences of not meeting the
performance expectations of the supervisor.
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B. WRITTEN REPRIMAND: The supervisor prepares a Written Reprimand
memo. The written reprimand constitutes notice of the infraction(s)
including the circumstances. The supervisor shall hold a Written
Reprimand meeting with the employee. Employees who have received
written reprimands are entitled to the following:
1. A meeting with the supervisor to discuss the contents of the written
reprimand.
2. The opportunity to present a written response to the written
reprimand. The written reprimand and the response shall be
placed in the employee's personnel file.
3. The employee has ten (10) business days from receipt of the
written reprimand in which to write a response to it.
C. SUSPENSION WITHOUT PAY: An employee may be suspended without
pay for up to thirty (30) calendar days. When placing an employee on
suspension without pay, the supervisor shall follow all of the steps listed
under Section 11.04 – Disciplinary Procedure.
D. INVOLUNTARY DEMOTION: An employee may be demoted to a
classification having an overall lower salary range. When demoting an
employee, the supervisor must follow all of the steps listed under Section
11.04 – Disciplinary Procedure.
E. REDUCTION IN PAY: An employee may be reduced in pay to a lower
step within the pay range. When reducing the salary of an employee, the
supervisor must follow all of the steps listed under Section 11.04 –
Disciplinary Procedure.
F. TERMINATION: When it is necessary to terminate an employee, the
supervisor must follow all of the steps listed under Section 11.04 –
Disciplinary Procedure.
Section 11.04 – Disciplinary Procedure
The following procedure applies only to a suspension without pay, involuntary
demotion, reduction in pay, and/or termination.
A. When an employee who has passed probation is to be subject to
discipline, specific written charges shall be prepared and presented by
the employee’s department manager for action by the Human
Resources/Risk and Safety Manager Human Resources and Risk
Manager.
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B. The Human Resources/Risk and Safety Manager Human Resources and
Risk Manager shall provide such employee with a written Notice of Intent.
The Notice of Intent shall advise the employee of the contemplated level
of discipline and underlying charge(s), and that the employee is entitled to
respond to the charges as provided below. Relevant documents relied
upon in proposing the discipline shall be attached to the Notice of Intent.
The employee shall have the right to respond orally or in writing to the
Human Resources/Risk and Safety Manager Human Resources and Risk
Manager within five (5) business days from the date of issuance of the
Notice of Intent if personally served, or ten (10) calendar days if served
by mail. The Notice of Intent shall contain a "statement of personal
service or mailing" indicating the date on which the Notice of Intent was
personally served or deposited in the United States Mail. Such date of
personal service or mailing shall be the “date of issuance” of the Notice of
Intent. The Human Resources/Risk and Safety Manager Human
Resources and Risk Manager may act upon the initial written and/or oral
presentation of the employee or may request that the employee submit a
further response in writing, or permit the employee a further oral
presentation. Failure of the employee to make a written response or
request an oral presentation shall constitute waiver of this pre-disciplinary
provision. At his/her own expense, the employee shall be entitled to be
represented by counsel or other person of their choice during the course
of the above proceedings. This pre-disciplinary hearing is an opportunity
for the employee to tell their story, but is not an evidentiary hearing, and
the employee may not call witnesses.
C. The Human Resources/Risk and Safety Manager Human Resources and
Risk Manager shall provide the employee a written Notice of Discipline,
describing his/her final decision to proceed with, modify, or cancel the
proposed disciplinary action. The decision of the Human Resources/Risk
and Safety Manager Human Resources and Risk Manager shall be
immediately implemented.
Section 11.05 – Appeal of Disciplinary Action
The following procedure applies only to a suspension without pay, involuntary
demotion, reduction in pay, and termination.
A. When disciplinary action has been taken by the Human Resources/Risk
and Safety Manager Human Resources and Risk Manager pursuant to
Section 11.03, the employee shall have the right to an appeal. An appeal
shall not suspend the effective date of the discipline. Failure to timely
appeal by the employee or his/her representative will make the action by
the Human Resources/Risk and Safety Manager Human Resources and
Risk Manager final and conclusive.
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B. Within fifteen (15) calendar days after the final Notice of Discipline is
issued, the subject employee may appeal to the General Manager by
filing a written answer to the charges and requesting a hearing thereon.
C. Representatives of the District and the Association shall attempt to agree
upon an advisory hearing officer. If the parties cannot agree, an advisory
hearing officer shall be selected from a list of seven names to be supplied
by the State Conciliation and Mediation Services. The parties will
alternate striking names on the list until one name remains, who shall be
selected as the advisory hearing officer. The Association will strike the
first name. The District agrees to pay any fees associated with procuring
the strike list.
D. The costs of the hearing officer shall be borne by the District.
E. The hearing shall be conducted in the manner most conducive to
determination of the truth, and the hearing officer shall not be bound by
technical rules of evidence.
F. The hearing officer shall determine the relevancy, weight, and credibility
of testimony and evidence. The hearing officer shall make findings of fact
based on a preponderance of the evidence standard. The level of
discipline imposed shall be subject to an abuse of discretion standard.
G. Each side will be permitted to make an opening statement and a closing
argument. On behalf of the District, the Human Resources/Risk and
Safety Manager Human Resources and Risk Manager or his/her
representative shall first present witnesses and evidence to sustain the
charges. The employee may then present their witnesses and evidence in
defense.
H. Each side will be allowed to examine and cross-examine witnesses.
I. Both the Human Resources/Risk and Safety Manager Human Resources
and Risk Manager (acting on behalf of the District) and the employee
each may be represented by legal counsel. The employee may retain
counsel or other representation, at his/her own expense.
J. The hearing officer shall, if requested by either party, subpoena
witnesses and/or require production of other relevant records or relevant
evidence.
K. The hearing officer may, prior to or during a hearing, grant a continuance
for any reason he/she believe to be important for reaching a fair and
proper decision.
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L. The hearing officer shall prepare a recommended decision and forward it
to the General Manager no later than thirty (30) calendar days after the
matter of appeal was taken under submission by the hearing officer. The
recommended decision shall set forth which charges, if any, the hearing
officer feels are sustained and the reasons therefor. The recommended
decision shall also set forth whether the level discipline imposed reflects
an abuse of discretion.
M. The employee or his/her representative may obtain a copy of the
transcript of the hearing at his/her own cost.
N. Within thirty (30) calendar days of receiving the recommendation of the
hearing officer, and after consideration of the record only, the General
Manager may sustain or reject any or all of the charges filed against the
employee. If the General Manager modifies reduces the level discipline,
the General Manager shall, as appropriate, order all or part of the
employee’s full compensation from the time of dismissal or suspension, if
applicable to be paid. The General Manager shall issue a written decision
which is final and binding.
O. An employee who was demoted or dismissed may be reinstated to
his/her position as a result of a successful appeal. In the event of such
reinstatement, the employee shall be entitled to their former status of
employment.
P. Dismissal of an employee from the District service following the pre-
disciplinary meeting at the Human Resources/Risk and Safety Manager
Human Resources and Risk Manager, shall:
1. Constitute a dismissal as of the same date from all positions the
employee may hold in the District service.
2. Terminate the salary of the employee as of the effective date of
their dismissal except that they shall be compensated for any
unpaid salary, unused vacation, compensatory time off, and
alternative time to their credit as of the date of dismissal.
Section 11.06 – Placement in Personnel File
Official disciplinary action documents shall be placed in the employee's
personnel file when the discipline is final.
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Section 11.07 – Employee Acknowledgement
The employee shall be asked to acknowledge each document in the disciplinary
process by signing that it was received.
Section 11.08 – Paid Administrative Leave
An employee may be placed on paid administrative leave during an investigation
of alleged misconduct and/or while disciplinary action is being considered.
Section 11.09 – Job Abandonment
When an employee has been absent without authorization from work for more
than three (3) days, and in the opinion of the Department head the employee has
abandoned his/her position, the Department Head shall notify the General Manager or
a designee. The General Manager shall notify the employee that the District has
determined the employee has abandoned his/her position, and the employee has five
working days upon receipt of the notice to contact the District regarding his/her intent to
return to work. Such notice shall be in writing and sent by certified mail or personal
service to the most recent address listed in the employee's personnel file.
Abandonment of a position may include, but is not limited to:
A. An employee failing to return to their employment upon conclusion of any
authorized leave of absence;
B. An employee failing to properly notify their immediate supervisor of
absence due to sickness or injury;
C. An employee failing to appear for work without notification, or agreement
between supervisor and employee as to the use of any leave time set
forth under this MOU;
If an employee fails to respond within five (5) working days to the notice of
abandonment of position, the employee may be considered to have abandoned his/her
position of employment with the District, which shall serve as just cause for termination
and grounds for disqualification from future employment with the District. Even if the
employee responds within five (5) working days to a notice of abandonment, nothing
herein shall preclude the District from taking disciplinary action, up to and including
termination, for abuse of leave or unauthorized absence.
ARTICLE XII – GRIEVANCE PROCEDURE
Section 12.01 – Purpose
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The purpose of this section is to enhance communications between the District
and employees by providing a fair and impartial review and consideration of grievances
at the level closest to their point of origin within a reasonable time period without
jeopardizing the employee’s position or employment.
Section 12.02 – Matters Subject to the Grievance Procedure
A. A grievance may be filed for an alleged violation of this Memorandum of
Understanding.
B. The grievance procedure shall not be used to establish a new policy or
change an existing rules. It shall not be used to challenge a disciplinary
action or a performance evaluation.
Section 12.03 – Informal Grievance Adjustment
A. An aggrieved employee shall try to solve the issue through informal
discussion with his/her supervisor no later than ten (10) working days
after the employee knew or reasonably should have known of the facts
underlying the grievance. The supervisor shall conduct whatever
investigation he/she deems necessary and reply in writing to the grievant
within ten (10) working days. Any matters that the supervisor does not
have authority to decide shall be brought to the attention of a higher level
supervisor who does have the proper authority.
B. If the grievant remains dissatisfied, and/or some other extenuating
circumstances exist, he/she may file a written informal grievance with the
next level of authority no later than ten (10) working days after receipt of
the informal decision. The higher level supervisor shall conduct whatever
investigation he/she deems necessary and reply in writing no later than
ten (10) working days after receipt of the written informal grievance. If the
grievant is still not satisfied with the decision, he/she may file a formal
grievance within ten (10) working days of receipt of the higher level
supervisor’s written decision.
Section 12.04 – Formal Grievance Procedure
A. The formal grievance procedure may be followed only after failure to
resolve a problem through informal grievance adjustment. If the
employee is not in agreement with the informal written decision reached,
he/she may, within ten (10) working days of the receipt of the higher level
supervisor’s written decision, file a formal grievance in writing with the
Human Resources/Risk and Safety Manager Human Resources and Risk
Manager with a copy to the General Manager. The Human
Resources/Risk and Safety Manager Human Resources and Risk
Manager shall conduct whatever investigation he/she deems necessary
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to allow fair consideration of the situation and shall present a written reply
to the employee within ten (10) working days after receipt of the written
grievance. A copy of the reply shall be forwarded to the General
Manager.
B. If the employee is not satisfied with the decision of the Human
Resources/Risk and Safety Manager Human Resources and Risk
Manager, he/she may file a written appeal to the General Manager within
five (5) working days after having received the written reply of the Human
Resources/Risk and Safety Manager Human Resources and Risk
Manager. Within ten (10) working days of receipt of the written appeal,
the General Manager shall make a written decision which shall be final
and binding on all parties. The General Manager may conduct whatever
investigation and/or meeting(s) he/she deems appropriate.
Section 12.05 – General Conditions
A. The Human Resources/Risk and Safety Manager Human Resources and
Risk Manager shall receive and retain copies of all written materials
pertaining to the grievance.
B. An employee may represent himself/herself, or at his/her own expense,
select whomever they desire to represent them in the grievance
procedure.
C. If an employee fails to proceed with a grievance within any of the time
limits specified in this article, the grievance shall be deemed abandoned
with no further basis for appeal.
D. If a District supervisor/manager below the level of the General Manager
fails to reply within any of the time limits specified in this section, the
grievance shall be deemed denied. The time limits for appeal of a denied
grievance shall commence running upon receipt by the grievant of a
timely written grievance rejection, or absent such rejection, at the end of
the supervisory reply period, where no written rejection has been
provided.
E. Any of the time limits specified in this section may be extended when
mutually agreed upon by all parties concerned.
F. Either the grievant, the Human Resources/Risk and Safety Manager
Human Resources and Risk Manager or the General Manager, may
request a meeting to review the grievance prior to a decision.
G. When a grievant or designated representative (if a District employee)
attends a grievance meeting or hearing with management during the work
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day, they shall be released without loss of pay in order to permit
participation in the foregoing activities provided advance arrangements
are made with the employee’s Department Manager.
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Exhibit A
Yorba Linda Water District – Bargaining Unit Employees Association
Classifications and Salary Ranges
Effective July 1, 2021 - REVISED 8/10/2021
CLASSIFICATION TITLE SALARY RANGES FLSA
Accounting Assistant I BU 17 Non-Exempt
Assistant Engineer I BU 20 Non-Exempt
Assistant Engineer II BU 24 Non-Exempt
Assistant Engineer III BU 26 Non-Exempt
Construction Inspector BU 24 Non-Exempt
Customer Service Representative I BU 15 Non-Exempt
Customer Service Representative II BU 17 Non-Exempt
Customer Service Representative III BU 19 Non-Exempt
Electrical/SCADA Technician BU 23 Non-Exempt
Facilities Maintenance BU 23 Non-Exempt
Field Customer Service Representative/Meters II BU 20 Non-Exempt
GIS Analyst BU 26 Non-Exempt
GIS Technician BU 24 Non-Exempt
Information Systems Technician I BU 22 Non-Exempt
Maintenance Worker I BU 17 Non-Exempt
Maintenance Worker II BU 20 Non-Exempt
Maintenance Worker III BU 23 Non-Exempt
Mechanic I BU 17 Non-Exempt
Mechanic II BU 21 Non-Exempt
Mechanic III BU 23 Non-Exempt
Meter Reader I BU 16 Non-Exempt
Office Clerk BU 12 Non-Exempt
Operations Assistant BU 21 Non-Exempt
Plant Operator I BU 21 Non-Exempt
Plant Operator II BU 23 Non-Exempt
Public Affairs Representative BU 17 Non-Exempt
Sr. Construction Inspector BU 26 Non-Exempt
Water Quality Technician I BU 20 Non-Exempt
Water Quality Technician II BU 22 Non-Exempt
Adopted August 10May 11, 2021
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Resolution No. 2021-XX Amending the MOU and Exhibit A 1
RESOLUTION NO. 2021-XX
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
AMENDING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE DISTRICT AND THE
YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION
FOR THE REMAINDER OF FISCAL YEARS 2022-23
WHEREAS,the Board of Directors of the Yorba Linda Water District previously adopted
the Memorandum of Understanding (MOU) between the District and the
Yorba Linda Water District Employees Association (Association) for Fiscal
Years 2018-23 (Resolution No. 18-10).
WHEREAS, the Board of Directors adopts amendments to the MOU and associated
Exhibits from time to time.
WHEREAS, the Board of Directors desires to further amend throughout the entire MOU
the title of Human Resources/Risk and Safety Manager to Human
Resources and Risk Manager.
WHEREAS,the Board of Directors desires to further amend Section 6.02, Section 7.01,
and Section 9.02 of the MOU to allow employees to accrue vacation leave
over their total annual maximum due to business necessity or medical leave
of absence at the sole discretion of the General Manager.
WHEREAS, the Board of Directors desires to further amend Exhibit A of the MOU to
include the title of Water Quality Technician II which was inadvertently left
off in previous amendments.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
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Resolution No. 2021-XX Amending the MOU and Exhibit A 2
SECTION 1.That effective July 1, 2021, the title of Human Resources/Risk and Safety
Manager and Sections 6.02, 7.01, and 9.02 of the Memorandum of
Understanding between the District and the Yorba Linda Water District
Employees Association for Fiscal Years 2018-23 be amended to read as
attached hereto and by this reference incorporated herein.
SECTION 2.That effective July 1, 2021, Exhibit A of the Memorandum of Understanding
between the District and the Yorba Linda Water District Employees
Association for Fiscal Years 2018-23 be amended to read as attached
hereto and by this reference incorporated herein.
PASSED AND ADOPTED this 10th day of August 2021 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
J. Wayne Miller, PhD, Vice President
Yorba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. Gagen, Esq.
Kidman Gagen Law LLP
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MEMORANDUM OF UNDERSTANDING
BETWEEN
YORBA LINDA WATER DISTRICT
AND
YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION
JULY 1, 2018 THROUGH JUNE 30, 2023
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Table of Contents
ARTICLE I – MANAGEMENT RIGHTS ...................................................................................... 1
Section 1.01 – General .......................................................................................................... 1
ARTICLE II – RECOGNITION .................................................................................................... 1
Section 2.01 – General .......................................................................................................... 1
Section 2.02 – Agency Shop .................................................................................................. 1
Section 2.03 – New Employees ............................................................................................. 2
Section 2.04 – Current Employees ......................................................................................... 2
ARTICLE III – DEFINITIONS ..................................................................................................... 2
Section 3.01 – Definitions ...................................................................................................... 2
ARTICLE IV – CLASSIFICATION AND COMPENSATION ........................................................ 6
Section 4.01 – Compensation ................................................................................................ 6
Section 4.02 – Classification Revision and Reclassification ................................................... 6
Section 4.03 – Request for Classification Review .................................................................. 7
Section 4.04 – Salary Schedules ........................................................................................... 7
Section 4.05 – Salary Step for New Employees ..................................................................... 8
Section 4.06 – Probation ........................................................................................................ 8
Section 4.07 – Merit Increases ............................................................................................... 9
Section 4.08 – Salary on Promotion ......................................................................................10
Section 4.09 – Salary on Transfer .........................................................................................10
Section 4.10 – Salary on Demotion .......................................................................................10
Section 4.11 – Salary on Position Reclassification ................................................................11
Section 4.12 – Acting Pay .....................................................................................................11
ARTICLE V – EMPLOYEE BENEFITS ......................................................................................13
Section 5.01 – Retirement System ........................................................................................13
Section 5.02 – Employee CalPERS Contribution Rate and Formula .....................................13
Section 5.03 – Deferred Compensation ................................................................................14
Section 5.04 – Medical Insurance .........................................................................................14
Section 5.05 – Life Insurance and Accidental Death and Dismemberment (AD&D) ..............14
Section 5.06 – Supplemental Life Insurance and Accidental Death and Dismemberment
(AD&D) .................................................................................................................................14
Section 5.07 – Long-Term Disability .....................................................................................15
Section 5.08 – Short Term Disability .....................................................................................15
Section 5.09 – Dental Insurance ...........................................................................................15
Section 5.10 – Vision Coverage ............................................................................................15
Section 5.11 – Cafeteria Plan ...............................................................................................15
Section 5.12 – Employee Assistance Program (EAP) ...........................................................16
Section 5.13 – Retiree Insurance Benefits ............................................................................16
Section 5.14 – Benefits Payroll Deduction ............................................................................17
ARTICLE VI – MISCELLANEOUS BENEFITS ..........................................................................17
Section 6.01 – Safety Boot Allowance ...................................................................................17
Section 6.02 – Certificate Pay ...............................................................................................18
Section 6.03 – Education Reimbursement ............................................................................19
Section 6.04 – Commercial Driver’s License Pay ..................................................................20
Section 6.05 – Uniforms ........................................................................................................20
ARTICLE VII – WORK SCHEDULE ..........................................................................................20
Section 7.01 – Work Week ...................................................................................................20
Section 7.02 – Overtime ........................................................................................................23
Section 7.03 – Overtime Pay.................................................................................................23
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Section 7.04 – Compensatory Time ......................................................................................23
Section 7.05 – Fatigue Accommodation ................................................................................24
Section 7.06 – Meals During Emergency Service..................................................................25
Section 7.07 – Rest Period ...................................................................................................25
Section 7.08 – Standby Compensation .................................................................................25
Section 7.09 – Call-Out Compensation .................................................................................26
ARTICLE VIII – CONCERTED ACTIVITIES ..............................................................................28
Section 8.01 – General .........................................................................................................28
ARTICLE IX – LEAVES ............................................................................................................28
Section 9.01 – Holidays ........................................................................................................28
Section 9.02 – Vacation Leave ..............................................................................................29
Section 9.03 – Sick Leave .....................................................................................................30
Section 9.04 – Disability Leave .............................................................................................32
Section 9.05 – Bereavement Leave ......................................................................................32
Section 9.06 – Unpaid Leave of Absence .............................................................................32
Section 9.07 – Voting Leave .................................................................................................33
Section 9.08 – Jury Duty/Court Testimony ............................................................................33
Section 9.09 – Military Leave ................................................................................................34
Section 9.10 – Alt Time .........................................................................................................34
ARTICLE X – LAYOFF PROCEDURES ....................................................................................34
Section 10.01 – Elimination of Position .................................................................................34
Section 10.02 – Layoff Procedure .........................................................................................34
Section 10.03 – Reemployment ............................................................................................35
Section 10.04 – Salary Upon Reemployment After Layoff .....................................................36
ARTICLE XI – EMPLOYEE DISCIPLINE ..................................................................................36
Section 11.01 – Cause for Discipline.....................................................................................36
Section 11.02 – Types of Actions ..........................................................................................38
Section 11.03 – Progressive Steps .......................................................................................38
Section 11.04 – Disciplinary Procedure .................................................................................39
Section 11.05 – Appeal of Disciplinary Action .......................................................................40
Section 11.06 – Placement in Personnel File ........................................................................42
Section 11.07 – Employee Acknowledgement ......................................................................42
Section 11.08 – Paid Administrative Leave ...........................................................................42
Section 11.09 – Job Abandonment .......................................................................................42
ARTICLE XII – GRIEVANCE PROCEDURE .............................................................................43
Section 12.01 – Purpose .......................................................................................................43
Section 12.02 – Matters Subject to the Grievance Procedure ...............................................43
Section 12.03 – Informal Grievance Adjustment ...................................................................43
Section 12.04 – Formal Grievance Procedure .......................................................................44
Section 12.05 – General Conditions ......................................................................................44
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MEMORANDUM OF UNDERSTANDING
BETWEEN
YORBA LINDA WATER DISTRICT
AND
YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION
JULY 1, 2018 THROUGH JUNE 30, 2023
In accordance with the provisions of the Meyers-Milias Brown Act, California
Government Code section 3500, et seq., and the Yorba Linda W ater District Employee-
Employer Relations Resolution (“EERR”), representatives of Yorba Linda Water District
(“District”) and the Yorba Linda Water District Employees Association (“Association”)
have met and conferred in good faith and have reached agreeme nt on salaries, wages,
hours, and other terms and conditions of employment , as set forth below in this
memorandum of understanding (“MOU”), which shall be effective July 1, 2018, unless
otherwise noted, through June 30, 2023.
ARTICLE I – MANAGEMENT RIGHTS
Section 1.01 – General
All rights not clearly and expressly limited by this MOU are expressly reserved to
the District. The express provisions of this MOU constitute the only limitations upon the
District’s rights to determine, implement, supplement, c hange, modify, or discontinue in
whole or in part any term or condition of employment or adopt any policy, rule,
regulation or practice as the District deems fit or appropriate, provided however, that the
District shall meet and confer, to the extent required by law, regarding the impact of its
exercise of such rights.
ARTICLE II – RECOGNITION
Section 2.01 – General
The District recognizes the Association as the exclusive bargaining
representative for the bargaining unit consisting of the classifications enumerated in
Exhibit “A” and specifically excludes professional, confidential, and management
positions. Provisions of the MOU also exclude part -time, temporary, limited term,
contract or intern personnel unless specifically noted in this MOU, District Policy or
individual contract.
Section 2.02 – Agency Shop
An agency shop provision is in effect at the District for the Association as a result
of an employee election pursuant to state law. This requires all employees, as a
condition of employment, do one of the following: join the Association and pay biweekly
dues, pay a service fee equivalent to the biweekly dues amount to the Association
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without becoming a member or execute a written declaration claiming a religious
exemption and pay an amount equal to the biweekly dues to a charitable organization.
Payment of dues are automatically deducted from an employee’s paycheck and
submitted to the Association. The Association shall be fully responsible for expending
funds received under this provision con sistent with all legal requirements for
expenditures of employee dues which are applicable to public sector labor
organizations. The Association shall indemnify, defend and hold the District harmless
against any liability arising from any claims, demands, or other action relating to the
District’s compliance with this provision.
Section 2.03 – New Employees
The District will notify the Association of the hiring of any new employee within
the bargaining unit within ten (10) calendar days prior to the employee’s start date, if
reasonably foreseeable. The District will provide the Association with the name,
classification title, department, work location, home address (if available), personal
email address (if available), work phone, personal cell phone (if available) and home
phone number (if available) on file with the District of the new employee within thirty
(30) calendar days after hiring the employee. In addition, the District will provide the
employee a copy of this MOU and Agency Shop application. The Association will have
the opportunity to meet with new employees for at least 15 minutes during the New
Employee Orientation.
Section 2.04 – Current Employees
The District shall provide via email to the Association a quarterly list of all
employees in the bargaining unit, including name, classification title, department, work
location, home address (if available), personal email address (if available), work phone,
personal cell phone (if available) and home phone number (if available) on file with the
District.
ARTICLE III – DEFINITIONS
Section 3.01 – Definitions
The following terms as used in this MOU shall, unless the context clearly
indicates otherwise, have the respective meanings described below:
CLASSIFICATION: All positions sufficiently similar in duties, authority, responsibility
and working conditions to permit grouping under common title and the application of
common standards of selection, transfer, promotion and salary.
CONTINUOUS SERVICE: The service of an employee in a payroll status without
interruption except for authorized leave (s) of absence from date of hire.
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DAY: One calendar day, unless expressly noted otherwise.
DEMOTION: The voluntary or involuntary transfer of an employee from one
classification to another classification with a lower salary grade.
DEPARTMENT HEAD: One who functions directly under the authority of the General
Manager and Assistant General Manager, has direct responsibility for a particular
department or major function, and manages its staff, policies and budget.
DISCIPLINARY ACTION: The discharge, demotion, reduction of pay, suspension, or
the issuance of a written reprimand or formal warning. A performance evaluation is not
a disciplinary action, regardless of the rating.
ELIGIBLE: A person whose name is on an employment list, promotional list or
reemployment list.
EMPLOYEE: An individual within a classification included in Exhibit “A.” Regardless of
duties, anybody whom the District deems an independent contractor or volunteer shall
not be considered an “employee” for purposes of this MOU.
EMPLOYMENT LIST:
A. Eligibility List -- A list of candidates who have qualified in an examination
open to all qualified individuals and who are eligible for appointment.
B. Promotional -- A list of candidates who have qualified in an examination
open only to qualified District employees and who are eligible for
appointment.
C. Reemployment -- A list of former employees who have been laid off and
who are eligible for reemployment in his/her former classification or in a
comparable classification carrying the same or lower maximum rate of
pay.
D. Reinstatement -- A list of former employees who resigned from the District
in good standing and who are eligible for reinstatement to his/her former
classification carrying the same or lower maximum rate of pay.
EXEMPT EMPLOYEE: An employee who is exempt from the overtime payment
provisions of FLSA.
FAIR LABOR STANDARDS ACT (FLSA): The Federal Law which guarantees non-
exempt employees pay at one and one-half (1½) times for working overtime.
FISCAL YEAR: A twelve month period from July 1 to June 30 in which the District
plans, budgets, appropriates and expends its funds.
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FULL-TIME POSITION: A position requiring the incumbent to work forty hours or more
per week.
GRIEVANCE: A claim by a regular employee that the District has violated,
misrepresented or misapplied an obligation to the employee, as expressed in the
Memorandum of Understanding or other administrative rules, policy, procedures or
regulations. Disciplinary actions, the content of performance evaluations, failure of
probation, merit increases, reclassification, layoff, transfer or challenges to
examinations or appointment are not subject to the grievance procedure. The grievance
procedure shall not be used to establish new policies or change any existing rules.
GRIEVANCE PROCEDURE: The process by which the validity of a grievance is
determined.
IMMEDIATE FAMILY: Employee's spouse, domestic partner, parents, children
(stepchildren,) foster children, sisters, brothers, grandparents, grandchildren, mother-in-
law, father-in-law.
LAYOFF: Termination of employment due to elimination of position because of lack of
work or lack of available funding, reorganization or an action deemed by the Board to
be in the public interest.
LEAVE OF ABSENCE: Permission to be absent from work for a specified purpose,
with the right to return before or upon the expiration of the leave period.
MERIT INCREASE: An increase in the base pay rate of an employee from his/her
current Step to a higher Step in the salary Range established for his/her classification.
The amount of the merit increase is awarded based on the employee’s overall
performance rating as documented on the Performance Appraisal, not on longevity.
NON-EXEMPT EMPLOYEE: An employee who is covered by the overtime provisions
of FLSA.
OVERTIME: The time which an exempt or a non-exempt employee is required or
permitted to work beyond forty hours in a 7 day work period. Non-exempt employees
receive time and a half pay for the hours worked. Exempt non-management employees
receive an hour of pay for each hour worked .
PART-TIME POSITION: A position requiring the incumbent to work less than forty (40)
hours per week. Employees working less than thirty (30) hours per week serve at the
will of the General Manager, and may be terminated without cause or without hearing or
right of appeal. Employees working thirty (30) hours or more may receive some
benefits.
POSITION: A combination of duties assigned to be performed by one person.
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PROBATIONARY EMPLOYEE: An employee whose regular status is contingent upon
successful completion of a prescribed period of observation to determine that the
employee possesses the ability to perform the duties of the position. The original
probationary period is a 12 month working test period and the promotional probationary
period is a 6 month working test period , during which an employee is required to
demonstrate his/her ability to perform the duties of their position.
PROMOTION: The movement of an employee from one classification to another
classification with a higher rate of pay.
RECLASSIFICATION: The reassignment of a position from one classification title or
grade to a different classification title or grade in accordance with a reevalua tion of the
minimum qualifications, duties, and responsibilities of the position in question.
REGULAR FULL TIME EMPLOYEE/REGULAR PART TIME EMPLOYEE: An
employee who has completed the Probationary Period and is occupying a position
established on a continuing basis, as distinct from temporary employees who serve on
a seasonal or intermittent basis. A regular part time employee works thirty hours or
more and has completed probation.
SALARY SCHEDULE: An annual listing of the minimum through maximum salary
grades of pay for all defined District classifications, as prepared by the General
Manager and adopted by the Board of Directors.
SENIORITY: Seniority is defined as the length of continuous service in the employee's
present classification or in higher or equal classification regardless of the department to
which assigned.
SEPARATION: The separation of an employee from District service because of
retirement, resignation, termination, permanent disability, dismissal or death.
STEP: The various increm ents of a salary range, from minimum to maximum,
authorized for the subject classification.
SUSPENSION: An involuntary absence imposed by the General Manager for
disciplinary purposes or pending investigation or charges.
TEMPORARY EMPLOYEE: An employee in a position that is intended to be occupied
on less than a year-round basis including, but not limited to the following: to cover
seasonal peak workloads; emergency extra workloads of limited duration ; vacation
relief, paid sick leave or other situatio ns involving a fluctuating staff. Ordinarily, such
positions shall not be authorized for over six months. Temporary employees serve at
the will of the General Manager, and may be terminated without cause or without
hearing or right of appeal.
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TRANSFER: Change of an employee from one classification to another having the
same maximum salary and similar duties and basic qualifications.
WORK WEEK: A regularly reoccurring period of seven (7) consecutive twenty -four (24)
hour days.
ARTICLE IV – CLASSIFICATION AND COMPENSATION
Section 4.01 – Compensation
The following base salary increases are considered “persable” compensation and
lump sum payments are considered “non-persable” compensation.
A. On July 12, 2018, employees shall receive a 1% increase to his/her base
salary (Exhibit “B”). On November 15, 2018, employees shall receive a
lump sum payment equivalent to 2% of his/her current hourly rate of pay
as of November 10, 2018 multiplied by 2080.
B. On July 11, 2019, employees shall receive a 2% increase to his/her base
salary (Exhibit “C”). On November 14, 2019, employees shall receive a
lump sum payment equivalent to 1% of his/her current hourly rate of pay
as of November 9, 2019 multiplied by 2080.
C. On July 9, 2020, employees shall receive a 1% increase t o his/her base
salary (Exhibit “D”). On November 12, 2020, employees shall receive a
lump sum payment equivalent to 2% of his/her current hourly rate of pay
as of November 7, 2020 multiplied by 2080.
D. On July 8, 2021, employees shall receive a 2% increase to his/her base
salary (Exhibit “E”). On November 10, 2021, employees shall receive a
lump sum payment equivalent to 1% of his/her current hourly rate of pay
as of November 6, 2021 multiplied by 2080.
E. On July 7, 2022, employees shall receive a 1% increa se to his/her base
salary (Exhibit “F”). On November 10, 2022, employees shall receive a
lump sum payment equivalent to 2% of his/her current hourly rate of pay
as of November 5, 2022 multiplied by 2080.
Section 4.02 – Classification Revision and Reclassification
The classifications in Exhibit “A” may be amended, combined, or abolished and
new classifications set forth by the General Manager or a designated representative
thereof. In addition, any position may be reclassified to a different classificati on by the
General Manager, or designated representative(s) when there is a change in the duties
and responsibilities of the position or other sufficient cause. A demotion is not
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considered a non-voluntary reclassification of a position to a different classification and
is subject to a reduction in pay rate.
A. The General Manager or Human Resources and Risk Manager may
initiate, at any time, a study to determine the appropriateness of any
position's classification. The General Manager shall make the final
determination on all actions arising under this provision, subject to
ratification by the Board of Directors at the next available regular Board
meeting when the determination results in an amendment the list of
classifications in Exhibit “A”.
B. The District shall provide the bargaining unit an information copy of the
new classification specification for any proposed classification relevant to
that bargaining unit.
Section 4.03 – Request for Classification Review
A. A Department Head may, at any time, submit a request to the Human
Resources and Risk Manager for a review of an employee's position,
setting forth the reasons for the request. The Human Resources and Risk
Manager may conduct the review and make recommendations to the
General Manager. All such requests may be acted upon within sixty (60)
days of receipt. The decision of the General Manager shall be final
without right of grievance or further hearing, except in cases where action
by the Board of Directors' is required, in which case Board action shall be
final.
B. If an employee believes that his/her duties and responsibilities have
changed significantly, the employee may request a c lassification study of
his/her position. Such request must be submitted in writing to the
Association representative. An employee shall not submit a subsequent
request prior to 18 months after completion of any previous classification
review. The Association Representative may, up to five times per year,
submit a request to the Human Resources and Risk Manager for a review
of an employee's position, setting forth the reasons for the request. The
Human Resources and Risk Manager may conduct the review and make
recommendations to the General Manager. All such requests may be
acted upon within sixty (60) days of receipt.
Section 4.04 – Salary Schedules
For those employees who are employed as of the date of ratification of this
MOU, the salary schedules attached hereto as Exhibits “B”, “C”, “D”, “E”, and “F” shall
be in effect for the duration of this MOU.
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Section 4.05 – Salary Step for New Employees
A new employee shall be paid at the first salary step in effect for the
classification, unless the General Manager or a designated representative thereof
approves a higher salary step based on the District’s recruitment needs.
Section 4.06 – Probation
A. Original Probation: A newly hired employee shall be subject to a twelve
(12) month original probationary period.
1. During the original probationary period, an employee may receive a
performance evaluation at the end of the employee’s first three
months and/or six months of employment and one month prior to
the completion of the new employee’s 12 -month probationary
period. A corresponding personnel action fact sheet will be
completed if an employee passes his/her original probation.
2. Failure of Probation: During the original probationary period, an
employee may be released from employment at any time without
right of appeal or hearing.
B. Promotional Probation: An existing employee , upon promotion in
classification, shall serve a six (6) month term of probation in the
promotional classification.
1. An employee on a promotional probation may receive a
performance evaluation at the end of the six (6) months from date
of the promotion. A corresponding personnel action fact sheet will
be completed if an employee passes his/her promoti onal probation.
2. Failure of Probation: At any time during the promotional
probationary period, an employee may be returned to the
classification from which he/she promoted, subject to there existing
a vacancy within such classification. If the employee is discharged
for cause or resigns, this shall bar a return to the classification from
which he/she promoted.
C. Extension of Probation: Should the Department Head, Human Resources
and Risk Manager and General Manager determine that a longer period of
probation should be required, the appointee shall be informed in writing of
the amount of extension and the reasons for the extension. Extensions
shall not exceed six (6) months. Only one extension shall be granted.
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D. Leave of Absence: The taking of a leave of absence shall automatically
cause the employee's probationary period to be extended by the length of
the leave where such leave exceeds fifteen (15) calendar days.
Section 4.07 – Merit Increases
The advancement of an employee within a classification shall be dependent on
the employee exhibiting increased knowledge, skills, and abilities, coupled with
meritorious performance. The employee’s supervisor shall evaluate the employee’s
performance and if merited, recommend a merit-based step increase. The increase
shall not be automatic but may be granted only for continued or sustained improvement
by the employee in the effective performance of the duties of his/her position as
determined within the District’s sole discretion.
The District has an eleven (11) step salary schedule with approximately 2.5%
salary difference between steps and 5% salary difference between ranges.
A. Each employee will be reviewed annually following completion of his/her
probationary period. The District utilizes the following ratings for
performance evaluations: “Unsatisfactory,” “Needs Improvement,” “Meets
Expectations,” “Exceeds Expectations,” and “Outstanding.”
B. An employee who receives an overall performance rating of “Exceeds
Expectations” no “Unsatisfactory” ratings, and no more than two (2)
“Needs Improvement” ratings on his/her evaluation shall receive a one (1)
step merit increase.
C. An employee who receives an overall performance rating of
“Outstanding,” no “Unsatisfactory” ratings and no “Needs Improvement”
ratings on his/her evaluation, shall receive a two (2) step merit increase.
D. The resulting rate of pay shall not exceed the rate of pay corresponding to
Step 11 for the classification.
E. The District shall endeavor to have performance reviews completed by the
employee’s performance review date. The effective date of any resulting
merit increase shall be the first day of the first full pay period that starts
after the employee's review date. If the evaluation is delayed, any merit
increase resulting from the performance review, shall apply retroactively
effective the date on which the increase would have otherwise have taken
effect.
F. An early merit increase may be granted to an employee who has exhibited
an overall performance rating of Outstanding with the approval of the
General Manager, or designated representative(s). The scheduled date
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of the next merit increase shall be upon completion of one (1) year from
the date of the early merit increase.
G. An employee on an authorized leave of absence that exceeds thirty (30)
continuous calendar days (fifteen (15) continuous calendar days for
probationary employees), other than for military leave, shall have his/her
performance appraisal and merit increase date extended by the number
of calendar days he/she was on leave.
H. Final approval of all merit increases rests with the General Manager, or a
designated representative thereof, whose decision shall be final and not
subject to a right of grievance or appeal. It shall be the respon sibility of
the Human Resources and Risk Manager and Department Head to
ensure that the required performance evaluation is submitted in a timely
and complete fashion. In no event shall a merit increase be granted
before the requirements of this provision have been satisfied.
Section 4.08 – Salary on Promotion
Upon promotion to a classification with a higher salary range than that for the
classification held immediately prior to the promotion, the promoted employee’s salary
shall be at the salary step numerically closest, whether upward or downward, to 5%
above the salary step applicable to the employee immediately prior to the promotion.
The employee shall be given a new merit review date for purposes of future
salary step advancements, which shall be based upon the effective date of promotion.
Section 4.09 – Salary on Transfer
An employee who is transferred from one position to another in a class ification
having the same salary range as the classification they formerly occupied shall be
compensated at the same step in the salary range. The employee's merit review date
shall not change.
Section 4.10 – Salary on Demotion
A. INVOLUNTARY DEMOTION: An involuntary demotion shall be
considered a disciplinary action and shall be subject to the provisions of
Article XI.
B. VOLUNTARY DEMOTION: An employee who is demoted at their request
or upon mutual agreement shall receive the highest salary in the new
classification that does not exceed the employee's rate of pay immediately
prior to the voluntary demotion. The employee's merit review date shall
not change.
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Section 4.11 – Salary on Position Reclassification
When an employee's position is reclassified and the employee is appointed to
the new position, his/her salary shall be determined as follows:
A. HIGHER CLASSIFICATION: An employee who is reclassified into a
classification with a higher salary range than the previous classification,
the employee's salary and merit increase date shall be set in the same
manner as if they had been promoted.
B. EQUIVALENT CLASSIFICATION: An employee who is reclassified into a
classification with a same salary range as the previous classification, the
employee’s merit increase date shall not change.
C. LOWER CLASSIFICATION: An employee who is reclassified into a
classification with a lower salary range than the previous classification
shall receive the highest salary in the new classification that does not
exceed the employee's rate of pay immediately prior to the
reclassification. The employee’s merit increase date shall not change.
Section 4.12 – Acting Pay
Upon recommendation of the Department head and Human Resources and Risk
Manager, the General Manager may temporarily appoint an employee to assume the
duties of a higher job classification and shall be designated as "Acting." An employee
who is designated as acting shall receive a minimum increase to the step closest to 5%
above the step held by the employee immediately prior to the acting position, or shall be
placed on Step 1 of the range established for the acting position, whichever is higher;
however, the employee's rate shall not exceed Step 11 of the range established for the
acting position at any time. An employee shall receive acting pay until officially
released of those duties with the following conditions:
A. Compensation shall be requested in writing, outlining the circumstances,
and is subject to the approval of the Human Resources and Risk
Manager.
B. Acting pay will be effective when the acting appointment begins.
C. An employee shall receive acting pay for a maximum of 960 hours per
fiscal year.
D. If the employee is scheduled to receive a merit increase for the po sition in
which he/she normally fills while serving in an acting status, the necessary
forms shall be completed to document such increase, and such increase
shall be implemented upon completion of acting status.
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E. The employee's merit increase date shall not be affected by acting status
unless he/she is appointed to the position in which he/she was acting. If
such, his/her review date shall be adjusted to coincide with the date
he/she started in the Acting position or as provided in Section 4.12.G.
F. If the employee is scheduled to receive any type of payout that was
earned for the position in which he/she normally fills while serving in an
acting status, the employee shall be paid out at the rate of pay equivalent
to the position in which he/she normally fills.
G. If an employee who is receiving acting pay is promoted to permanently fill
the position in which he/she is acting, the date from which the employee
began receiving acting pay shall be credited to the employee's t otal time
worked in the position. Following the promotion, the employee's merit
increase, if applicable, will be awarded at the conclusion of the
promotional probationary period (including all time he/she was receiving
acting pay). All subsequent merit increases will be awarded upon
completion of twenty-six (26) complete pay periods.
H. Dual Acting Exceptions: If an employee continues to perform the job
duties for the position he/she normally fills as well as the duties of the
acting classification the following conditions shall apply:
1. Acting pay shall not be reported to CalPERS as special
compensation, and therefore is not compensation earnable
pursuant to California Public Employees’ Retirement System
(CalPERS) Regulations, Section 571.
2. All overtime hours worked shall be paid at one and one half (1½)
times his/her hourly rate of pay for the position he/she normally fills.
3. An employee scheduled to receive a merit increase for the position
in which he/she normally fills shall receive such increase as
scheduled to his/her hourly rate of pay in the position he/she
normally fills.
4. An employee shall receive acting pay for a maximum of twenty -six
(26) consecutive pay periods. Under special circumstances, the
General Manager may authorize an extension to meet the needs of
the District.
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ARTICLE V – EMPLOYEE BENEFITS
Section 5.01 – Retirement System
The District participates in the California Public Employees’ Retirement System
(CalPERS). Eligible employees are required to participate in accordance with the rules
of CalPERS. At its option, the District may change its retirement system provider upon
adoption by the Board of Directors. Prior to any changes in retirement benefits, those
eligible for retirement must be notified at least 90 days in advance. The CalPERS
retirement benefits are available to employees working at least 1,000 hours in a fiscal
year.
Section 5.02 – Employee CalPERS Contribution Rate and Formula
A. Employees hired prior to January 26, 2012 are Tier 1 employees who are
enrolled in the 2% at 55 retirement formula with a one year (12 month)
final compensation period. Employees pay the full employee contribution
rate, which is 7% of pensionable compensation.
B. Employees hired between January 26, 2012 and December 31, 2012,
and any District employees hired on or after January 1, 2013 who are
defined as “classic members” are Tier 2 employees who are enrolled in
the 2% at 60 retirement formula with a one year (12 month) final
compensation period. Employees pay the full employee contribution
rate, which is 7% of pensionable compensation.
C. Employees hired on or after January 1, 2013 who are defined as “new
members” under the Public Employees’ Pension Reform Act of 2013
(PEPRA) are Tier 3 employees who are enrolled in the 2% at 62 (or 2.5%
at 67) retirement formula with a three year (36 month) final compensation
period. Employees may designate the highest 36 month period.
Employees will pay one-half (½) of his/her total normal cost rate as
determined by CalPERS.
D. The District’s contract with CalPERS includes the following items: Level
4 1959 Survivor Benefit, Annual Cost-of-Living Allowance Increase up to
2%, Prior Service, Military Service Credit as Public Service, Military
Service Credit for Retired Persons, Public Service Credit for Peace
Corps, AmeriCorps VISTA, or AmeriCorps Service, Public Service Credit
for Periods of Layoff, Pre-Retirement Option 2W Death Benefit, Pre-
Retirement Death Benefits to continue after remarriage of survivor, $500
Retired Death Benefit, Local System Service Credit i ncluded in Basic
Death Benefit, Local System Transfer, and Unused Sick Leave Credit.
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Section 5.03 – Deferred Compensation
The District will match dollar for dollar not to exceed 2% base salary earned per
payroll period of an employee’s base salary or the employee’s actual amount of
deferred compensation per payroll period, whichever amount is lesser for employees
who are regularly schedule to work in excess of 30 hours per week.
Section 5.04 – Medical Insurance
The District shall pay 100% of the premium for medical insurance for employees
who are regularly schedule to work in excess of 30 hours per week, effective the first of
the month following the employee’s date of hire, and ⅔ of the additional premium
toward employee dependent coverage for covered employees with any dependents
subject to the provisions of any contract between the District and any company or
companies of the District’s choosing. The employee shall pay the cost of the difference
in premium, to be deducted from his/her salary to cover the employee’s ⅓ share of the
dependent coverage.
Section 5.05 – Life Insurance and Accidental Death and Dismemberment (AD&D)
In accordance with the provisions of the contract between the District and any
company of the District’s choosing providing such coverage, effective on the first day
of the month following his/her date of hire, the District shall provide group life insurance
and Accidental Death and Dismemberment (AD&D), in the amount of a one-time
payment equal to his/her basic annual salary rounded to the next higher multiple of
$1,000, for each employee under age 65. An employee who reaches age 65 will
have their coverage reduced to 65% of original amount. An employee who reaches
age 70 will have their coverage reduced to 50% of original amou nt.
Section 5.06 – Supplemental Life Insurance and Accidental Death and
Dismemberment (AD&D)
An employee may purchase additional life insurance and AD&D up to $500,000
by authorizing the additional premium to be deducted from his/her salary. In addition,
an employee may purchase coverage for their spouse, up to 100% of the employee’s
additional life insurance and AD&D amount. Some medical restrictions may apply. An
employee may purchase coverage for their children, up to $10,000. Children include
the employee’s natural children, legally adopted children, stepchildren and foster
children who depend on the employee for support. Eligible children must be unmarried
and between the ages of 14 days old up to age 21, or up to age 25 if a full -time student
at an accredited college/university. There are no medical restrictions for child
coverage.
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Section 5.07 – Long-Term Disability
The District shall provide a long-term disability plan for employees which has a
90-day elimination period and provides 67% of an employee’s monthly pre-disability
earnings up to a maximum of $7,000 per month for a designated period of time in
accordance with coverage procured by the District from a carrier to be determined at
the District’s sole discretion.
Section 5.08 – Short Term Disability
The District shall provide a short-term disability plan for employees which has a
30-day elimination period up to an employee’s eligibility for Long -Term Disability and
provides 67% of an employee’s weekly pre-disability earnings up to a maximum of
$1500 per week for a designated period of nine weeks in accordance with coverage
procured by the District from a carrier to be determined at the District’s sole discretion.
Section 5.09 – Dental Insurance
The District shall pay 100% of the premium fo r dental insurance for employees
who are regularly scheduled to work in excess of 30 hours or more per week, effective
the first of the month following the employee’s date of hire, and ⅔ of the additional
premium toward employee dependent coverage for covered employees with any
dependents in accordance with the provisions of any contract between the District and
any company or companies of the District’s choosing. The employee shall pay the cost
of the difference in premium, to be deducted from his/her salary to cover the
employee’s ⅓ share of the dependent coverage.
Section 5.10 – Vision Coverage
The District shall pay 100% of the premium for vision insurance for employees
who are regularly scheduled to work in excess of 30 hours per week, effective the first
of the month following the employee’s date of hire, and ⅔ of the additional premium
toward employee dependent coverage for covered employees with any dependents, in
accordance with the provisions of any contract between the District and any company
or companies of the District’s choosing. The employee shall pay the cost of the
difference in premium, to be deducted from his/her salary to cover the employee’s ⅓
share of the dependent coverage.
Section 5.11 – Cafeteria Plan
The District provides a plan under Section 125 of the Internal Revenue Code to
employees.
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Section 5.12 – Employee Assistance Program (EAP)
Depending on budget and other considerations, the Dist rict may provide an
employee assistance program. The EAP provides counseling and other services to
assist employees and their families dealing with personal and emotional problems
which affect or might potentially affect their job performance. This couns eling is
provided through an outside third party company and is strictly confidential.
Section 5.13 – Retiree Insurance Benefits
For employees hired prior to December 8, 2011, and subject to carrier approval,
the District shall pay the amounts provided in Sections 5.04, 5.09, and 5.10 of this
Agreement for any employee who retires from the District . For every three (3) years of
service with the District, the retiree will receive the equivalent of one year of extended
benefits, or pro-ration thereof on a quarterly basis.
A. To be eligible for this benefit, the employee must at the time of retirement
or separation:
1. be regularly assigned to work 30 or more hours per week;
2. be at least 50 years of age;
3. have at least five (5) years of service with the District;
4. provide ninety (90) days’ notice of intent to retire; and
5. retire from the District during the term of this Agreement while in
good standing (did not retire after being provided written notice
that disciplinary investigation/proceedings were pending which in
the sole judgment of the District are reasonably anticipated to
result in a recommendation of dismissal from employment or
which have resulted in a determination by the District to impose
dismissal. If a dismissal is appealed and results in a final
administrative decision, (and where appealable, a court
determination) reinstating the employee, the withheld benefit shall
be retroactively implemented to the date of dismissal).
In addition, the employee must remain in retired status to maintain
eligibility.
B. If any benefit period remains when the retired employee and/or his/her
spouse reaches ages 65, whichever is latest, the coverage shall become
secondary to Medicare for the remainder of the benefit period.
C. The retired employee must make any contributions required of a regular
employee pursuant to Section 5.04, 5.09, and 5.10 prior to the first day of
the month in which coverage is to be extended. Failure of an employee to
make such payment shall result in termination of coverage and
termination of any right to any benefit pursuant to this section.
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D. Surviving Spouse/Dependent: If the retired employee dies while
receiving this benefit, the coverage will continue for the enrolled family
member until the surviving spouse remarries, the child no longer meets
all of the conditions of coverage , or the member enrolls in another group
medical plan.
E. For purposes of this Agreement, retired status means that the employee
shall not work for compensation for more than nine hundred sixty (960)
hours in any fiscal year (July 1 through June 30). The District shall
require an employee to certify under penalty of perjury that the employee
has remained on retired status and/or to submit to such additional
verification as the District deems necessary to demonstrate retired status.
F. Individuals hired on or after December 8, 2011, shall be ineligible to
receive this benefit.
Section 5.14 – Benefits Payroll Deduction
Subject to the singular exception of deducting employee health, dental, vision,
supplemental life and supplemental accidental death and dismemberment (AD&D)
insurance contributions over 24 payroll periods, the District employs 26 payroll periods
of two (2) weeks each as a means of distributing compensation.
Employee payroll deductions for the employee share of health, dental, vision,
supplemental life and supplemental accidental death and dismemberment (AD&D)
insurance premium contributions shall be amortized over 24 payroll periods and
deducted during said 24 payroll periods.
ARTICLE VI – MISCELLANEOUS BENEFITS
Section 6.01 – Safety Boot Allowance
An employee who is required to wear work footwear in the performance of
his/her job, as determined by the Department Manager, Human Resources and Risk
Manager, and/or Safety and Training Analyst, shall be eligible for District -purchased
safety footwear in an amount not to exceed $250 each fiscal year. Safety footwear
must meet American Society for Testing and Materials (ASTM) minimum compression
and impact performance standards in ASTM F2413 or provide equivalent protection.
Employees must purchase the shoes/boots from a District -approved vendor. Any
unused funds shall be forfeited at the end of each fiscal year.
Any employee who separates from District employment within thirty (30)
calendar days of purchasing safety footwear or receiving reimbursement for safety
footwear shall be required to reimburse the District f or the cost of the safety footwear
regardless of the reason for the employee’s separation from the District.
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If the Department Manager determines that a n employee’s safety footwear is no
longer safe, the employee’s Department Manager may replace the used footwear with
a new pair of safety footwear (up to $250). The employee will be required to submit the
used safety footwear to the District in exchange for the replacement safety footwear.
Section 6.02 – Certificate Pay
The District shall provide the below indicated certificate pay amounts where any
employee in the Plant Operator I/II, Maintenance Worker I/II/III, Assistant Engineer
I/II/III, Electrical/SCADA Technician, Field Customer Service Representative/Meters II,
Construction Inspector, Sr. Construction Inspector, Water Quality Technician I/II, and
Meter Reader I classifications has been issued a State Water Resources Control
Board (SWRCB) Distribution, SWRCB Treatment, and/or California Water
Environment Association (CWEA) Collection Certificate(s) that is above and beyond
the certification(s) required for his/her classification. As determined at the sole
discretion of the General Manager, the certificate(s) must be relevant to the
employee’s principal duties and must be above and beyond the requirement of the
employee’s classification.
A. In those instances where an employee has a Treatment, Distribution,
and/or Collection Certificate that is above and beyond the certification(s)
required for the employee’s classification, the District agrees to pay the
following certificate pay amounts on a biweekly basis. Employees will
receive no more than two (2) certificate pays per pay period.
TREATMENT
CERTIFICATE
DISTRIBUTION
CERTIFICATE
COLLECTIONS
CERTIFICATE
CERTIFICATE PAY
PER PAY PERIOD
T-1 D-1 C-1 $6.00/PP
T-2 D-2 C-2 $7.00/PP
T-3 D-3 C-3 $8.00/PP
T-4 D-4 C-4 $9.00/PP
T-5 D-5 N/A $10.00/PP
B. Subject to certificate pay being limited to a total of two (2) certificates,
each affected employee shall be eligible to receive, biweekly, the
combined total of the certificate pay amount that relates to any of the
above particular levels.
For example, an employee having been issued a T-3 certificate shall
receive an $8.00 biweekly certificate pay. An employee having been
issued a T-3 and a D-4 shall receive a $17.00 biweekly certificate pay. An
employee having a T-5, D-5 and a C-4, shall receive a $20.00 biweekly
certificate pay. Where three or more certificates have been issued, the
two (2) certificates having the highest combined total shall be utilized to
determine the total certificate pay. As indicated above, certificate pay will
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only be paid for an issued certificate which is above the certification
required of the employee holding a specific classification. Thus, a Plant
Operator II having been issued a T -2 and a D-3 certificate shall receive
no certificate pay. A Plant Operator II having been issued a T -2 certificate
and a D-4 certificate shall receive a $9.00 biweekly certificate pay.
C. Individuals within the Mechanic I/II/III classifications are eligible for the
following certificate compensation upon being awarded specified
certificates issued by the National Institute for Automotive Service
Excellence (ASE).
It has been agreed by the parties that the following available ASE
certificates shall be deemed relevant to the employee’s principal duties.
Those certificates as defined by the ASE are:
Alternate Fuels Certification Test (F1)
Advanced Engine Performance Specialist Certification Test (L1)
Electronic Diesel Engine Diagnosis Specialist Certification Test
(L2)
Undercar Specialist Exhaust Systems Test (X1)
Any A1-A9 test certificate listed in the Automobile & Light Truck
Certification Tests (A Series)
Any E1-E3 test certificate listed in the Truck Equipment
Certification Tests (E Series)
Any T1-T8 test certificate listed in the Medium-Heavy Truck
Certification Tests (T Series)
W here these classified employees have been issued an ASE certificate
deemed by the General Manager to be relevant t o the employee’s
principal duties, the employee shall receive an $8.00 biweekly certificate
pay for each certificate, not to exceed two (2) certificates ($16.00
biweekly). The District agrees to pay the aforementioned certificate pay
amounts on a biweekly basis.
D. Payment by the District of any exam fees, certificate fees, renewal fees
or similar fees shall only be made following provision to the District of
evidence that the employee has successfully qualified for and been
awarded the pertinent certificate(s). The biweekly certificate pay(s) shall
be paid only while a certificate remains valid.
Section 6.03 – Education Reimbursement
The District shall provide pre-approved reimbursement for regular full time
employees to assist with the cost of tuition, fees, books and parking for undergraduate
and graduate level studies up to a Masters level coursework . As education
reimbursement each fiscal year, employees may, based upon level of enrollment,
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receive up to the equivalent of one academic year’s full-time undergraduate or
graduate tuition at California State University for an in-state resident.
To qualify for reimbursement, regular full time employees must successfully
complete a pre-approved course with a passing grade (C or better). In the event of a
“Credit/No Credit” Course, “Credit” will be considered a passing grade. Proof of
payment and successful completion of the course with a passing grade as indicated in
the District’s Educational Reimbursement Policy must accompany the Educational
Tuition Reimbursement form (Exhibit A of the District’s Educational Reimbursement
Policy). The employee shall be responsible for any tax consequences as a result of
education reimbursement.
Once the degree is earned, the employee shall be required to complete three
(3) years of District employment from the date the degree is awarded. If, for any
reason, the employee separates from the District prior to the completion of three (3)
years, he/she shall be required to reimburse the District 1/3 of the total received
educational reimbursement for each year remaining. For example, an employee is
awarded his/her degree on June 1, 2018. If he/she separates from the District on
September 20, 2019, he/she shall reimburse the District 2/3 of the total received
educational reimbursement. If he/she separates from the District on September 20,
2020, he/she shall reimburse the District 1/3 of the total received educational
reimbursement.
Section 6.04 – Commercial Driver’s License Pay
An employee who has a valid California Class A Commercial Driver’s License in
the performance of their job, shall be eligible for a $23.00 biweekly premium pay.
Section 6.05 – Uniforms
The District provides a District-funded cleaning service for uniform pants and
shirts with the employee’s name and District logo. The field uniforms provided to
employees may include District-issued shorts and t-shirts which may only be worn in
accordance with District established safety guidelines.
ARTICLE VII – WORK SCHEDULE
Section 7.01 – Work W eek
Employees shall be in attendance at their work in accordance with the rules
regarding hours of work, holidays and leaves. All departments shall keep biweekly
timesheets of employees which must be reported in the form and on the dates
specified by the Human Resources and Risk Manager. Unless otherwise authorized
by a supervisor, employees are expected to be at work during all scheduled work
hours in order that the District may meet its work goals and objectives. Employees
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who are frequently late and/or absent shall be subject to discipline as outlined in Article
XI.
A. The regular work week for all employees covered by this MOU shall be
forty (40) hours as scheduled by department heads. It is expressl y
understood the department manager may schedule maintenance and
plant operation shifts which include evening, weekend and holiday work.
B. Paychecks will be distributed on the Thursday following the end of each
payroll period. Payroll periods shall be two (2) weeks long, commencing
on a Sunday and ending on the last Saturday of the two (2) week period.
If the Thursday payday falls on a holiday, the pay shall be distributed on
the prior day, a Wednesday.
C. 4/10 WORK SCHEDULE: Employees shall be assigned to a four (4) day
work week, consisting of ten (10) scheduled hours of work each day. The
parties agree, understand and acknowledge that management clearly
and unequivocally has the right to terminate the 4/10 schedule at any
time during the term of the MOU or after, and that any such termination
of the 4/10 schedule shall not be subject to the meet and confer process,
either as to the management decision being made and/or as to the
impact of that decision. In such case, the schedule shall revert to the
9/80 schedule as it existed prior to implementation of the 4/10 schedule
on December 31, 2011. Any District-proposed change to the 9/80
schedule shall be subject to the meet and confer process. The FLSA
work period for employees assigned to a 4/10 work schedule will begin at
Sunday at 12:00 a.m. and end the following Saturday at 11:59 p.m., and
recurring thereafter.
D. ALTERNATIVE WORK SCHEDULES: Work schedules of more than
eight hours within one day but not more than forty hours within a period
of seven consecutive days (9/80) may be scheduled by management to
meet the work needs of the District. Where it meets the needs of both
the District and the employee, an alternative work schedule may be
scheduled.
ALTERNATIVE WORK SCHEDULE OPTION 1: Employees working a
9/80 schedule shall work nine (9) hours per day on Monday through
Thursday, and eight (8) hours per day on alternating Fridays. Employees
shall have every other Friday off. For employees working a 9/80 work
schedule, each employee’s designated FLSA work period shall begin
exactly four hours after the start of their eight hour shift on the day of the
week that corresponds with the employee’s alternating regular day off.
The 9/80 work schedule is displayed as follows:
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SU MO TU WE TH FR SA
Off 4
(Start Workweek)
Off 9 9 9 9
Off
(End Workweek) Off Off
(Start Workweek)
Off 9 9 9 9
4
(End Workweek)
ALTERNATIVE WORK SCHEDULE OPTION 2: Employees working a
9/80 schedule shall work nine (9) hours per day on Tuesday through
Friday, and eight (8) hours per day on alternating Mondays. Employees
shall have every other Monday off. For employees working a 9/80 Option
2 work schedule, each employee’s designated FLSA work period shall
begin exactly four hours after the st art of their eight hour shift on the day
of the week that corresponds with the employee’s alternating regular day
off. The 9/80 work schedule is displayed as follows:
SU MO TU WE TH FR SA
9 9 9 9 Off 4
(Start Workweek)
Off
Off
(End Workweek) 9 9 9 9 Off Off
(Start Workweek)
Off
4
(End Workweek)
E. TIMESHEETS: All District employees must complete timesheets
showing hours worked and leave taken. They must be signed by the
employee, the employee's supervisor and Department Head or
designated representative(s). Notice of any corrections to the timesheets
shall be sent to the employee and Department Head. Such corrections
shall be deemed final unless questioned by the employee within thirty
(30) days after the notice of correction is given to the employee.
Unresolved matters may be taken to the General Manager for a final
determination.
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Section 7.02 – Overtime
An employee who may be asked to perform overtime shall be notified of the
apparent need for such overtime as soon as practicable prior to the commencement of
overtime.
Overtime opportunities shall be made available first on an equal basis to regular
full-time employees capable of performing the work. All overtime must be authorized
in advance by the employee’s Department Head, General Manager, or designated
representative(s).
All employees must accurately report all work time to the nearest five minutes.
Overtime is credited in fifteen minute increments; where an employee works 7 minutes
or more, the District will round up and pay for fifteen minutes; where an employee
works less than 7 minutes, the District will round down. Time worked as overtime shall
not be used to earn supplemental benefits or to serve out probation or merit increase
periods.
Section 7.03 – Overtime Pay
An employee shall be compensated at one and one-half (1½) times his/her
hourly rate of pay for hours worked in excess of forty (40) hours in any one work
period. Overtime shall be calculated to the nearest one -quarter hour of overtime
worked. In order to receive overtime compensation, non -emergency overtime must be
authorized in advance by the appropriate department manager.
In addition to actual hours worked, scheduled vacation hours authorized at least
twenty-four (24) hours prior to use, compensatory time and/or agency observed holiday
time that falls within the employee’s regular shift shall also count as hours worked for
purposes of computing overtime, and shall be paid at one and one -half (1½) times
his/her hourly rate of pay. If an agency observed holiday falls outside of an
employee’s regular shift and the employee does not actually work on the day of the
holiday, the holiday shall not count as hours worked when computing overtime.
Sick leave hours which are utilized by the employee, shall not be considered
hours worked for purposes of computing overtime eligibility, whether pursuant to this
MOU or pursuant to the requirements of the FLSA.
Additionally, vacation hours not authorized twenty-four (24) hours prior to use,
shall not be considered hours worked for purposes of computing overtime eligibility,
whether pursuant to this MOU or pursuant to the requirements of the FLSA.
Section 7.04 – Compensatory Time
A. Compensatory time, in lieu of monetary overtime compensation, shall be
provided at the selection of the employee at a rate equal to one and one -
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half (1½) hours of compensatory time for each hour of overtime worked
to be taken as paid time off. Compensatory time shall be calculated to
the nearest one-quarter hour of overtime worked. The maximum amount
of compensatory time off which shall be accrued is forty (40) hours.
B. At the employee’s discretion, the employee may sell to the District up to
forty (40) hours of accrued unused compensatory time. An employee
must provide at least fifteen (15) days prior notice to sell-back
compensatory time and will only be paid on the last payday in March and
July of each year. All unused compensatory time accrued as of the last
full pay period in December will be cashed out at the employe e’s hourly
rate of pay on the last payday in December.
C. Selection of accrued compensatory time in lieu of overtime pay shall be
made by the employee at the time he/she submits his/her timesheet . The
usage of compensatory time shall be approved in advance by the
employee’s manager and/or supervisor. An employee desiring to utilize
accrued compensatory time shall submit a n Employee Time Off Request
Form to his/her supervisor. Compensatory time off may be taken in 15
minute increments, unless in the supervisor’s sole determination, use of
the compensatory time off for the requested date(s) and time(s), shall
result in an undue hardship to the District.
D. In the event an employee is promoted/reclassified to a classification
outside of the bargaining unit, the employee shall be paid for all
compensatory time on the books at the employee’s hourly rate of pay
prior to the change in classification.
E. Upon separation from employment, the employee shall be compensated
for all accrued compensatory time at the employee’s current hourly rate
of pay.
Section 7.05 – Fatigue Accommodation
In any instance where at the direction of a supervisor an employee works
sixteen (16) or more hours during a 24 hour period of time, the employee shall be
provided with eight (8) consecutive hours of non-work time before being compelled to
commence a regularly scheduled shift or to commence other duties on behalf of the
District. This section shall not apply to employees who are on standby duty.
In any instance where use of the eight (8) consecutive hour period results in the
employee being excused from scheduled hours of work, the employee shall have said
hours credited as compensable hours worked. In any instance where utilization of the
eight (8) consecutive hour period would result in there being three (3) or less hours of
scheduled work time remaining should the employee return to his/her work
assignment, a department manager shall have discretion to relieve the affected
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employee of the obligation to report to the District for the rem ainder of the scheduled
hours of work. Where the department manager exercises that discretion, the three (3)
or less remaining hours of scheduled work shall be considered compensable hours
worked.
Section 7.06 – Meals During Emergency Service
If an employee is required to remain at work for a minimum of two hours
following the close of his/her regular workday for the purpose of performing emergency
overtime work, the District shall provide that employee with an adequate meal. If an
employee is called out to perform emergency overtime work during the morning hours
of a regularly scheduled working day, the District shall provide that employee with an
adequate meal if such overtime work continues past the hour of 7 a.m. If an employee
is called out to perform emergency overtime work, the District shall provide an
adequate meal at four-hour intervals during the performance of such overtime work.
Meal time is considered working time and shall be compensated for at the appropriate
overtime rate. The District shall not provide meals before, during or after any overtime
work which is scheduled in advance. If the District is unable to provide the employee
with a meal the employee is authorized to spend up to $10.00 to obtain a meal and
shall be reimbursed upon provision to the District of a receipt.
Section 7.07 – Rest Period
An employee shall be granted one fifteen (15) minute rest period for each four
(4) hours worked. The rest period shall be determined by the supervisor. Rest periods
cannot be combined to extend the lunch period or shorten work hours.
Section 7.08 – Standby Compensation
An employee assigned to standby duty for purposes of being on call to handle
emergency situations arising at times other than normal scheduled working hours, and
not as an extension of a regularly scheduled shift, shall be paid a flat fee for each day
he/she is assigned to standby duty. In those instances where the standby occurs on
Monday through and including Thursday, the flat fee during the term of this MOU shall
be Thirty-Five Dollars ($35.00). In those instances where the standby occurs on a
District recognized holiday and/or Friday through and including Sunday, the flat fee
during the term of this MOU shall be Fifty-Five Dollars ($55.00).
A “standby day” for purposes of calculating standby compensation shall be that
period of time when an employee has been assigned to be available for purposes of
handling emergency situations arising at times other than normally scheduled working
hours and not as an extension of a regularly scheduled shift. It is understood that
standby duty for pump operations will be provided by qualified and available
employees as assigned by the supervisor and/or Operations Manager, and that those
individuals in Maintenance Worker I and Maintenance Worker II positions determined
qualified by the District shall be eligible for standby duty. The pay for standby
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compensation shall be paid on the regular pay day for the pay period in which the
standby duty is completed.
An employee on standby duty must (1) be ready to respond immediately to a
call for service, (2) be readily available at all hours by telephone or other agreed upon
communication equipment, and (3) refrain from activities which might impair their
assigned duties upon call. The parties agree that an employee must be able to arrive
at District boundaries within forty-five (45) minutes from receiving a call-out. The
parties agree that employees on standby duty, as defined above, are “waiting to be
engaged.”
Section 7.09 – Call-Out Compensation
A “call-out” occurs when an employee on assigned standby duty is required to
return to a District worksite or is otherwise required to commence work following the
employee’s departure from the worksite at the end of his/her regular scheduled work
shift. Therefore, a “call-out” is not an extension of a regular scheduled work shift.
Upon being initially “called-out” during each standby day, the employee shall be
entitled to at least two (2) hours’ pay at one and one-half (1½) times the employee’s
hourly rate of pay, regardless of whether or not the initial call-out work is completed in
less than two (2) hours’ time. During any standby day, this two-hour minimum shall
apply only once. If a subsequent call-out commences during the period of time for
which the employee has received the initial minimum compensation of two (2) hours,
there shall not be an additional minimum compensation for this subsequent call -out.
The employee shall be compensated at the rate of one and one-half (1½) times the
employee’s hourly rate of pay for all hours worked, over the initial two (2) hour
minimum compensation provided because of the initial call-out.
However, if a call-out occurs subsequent to the initial call-out and two (2) hours
or more have elapsed between commen cement of the initial call-out and
commencement of the subsequent call-out, there shall be a one and one-half (1½)
hour minimum call-out compensation provided to the employee for this subsequent
call-out. This one and one-half (1½) hour minimum eligibility shall repeat itself
throughout the standby period as long as there is two (2) hours or more passage of
time between the initial call-out and the subsequent call-out.
EXAMPLE: Start Shift 0700 – End Shift 1630
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Call-out commences at 1800 hours and is completed at 1900 hours. The
employee would be paid for two (2) hours at one and one-half (1½) times the hourly
rate. At 1930 hours, the employee commences a ten (10) minute call . No additional
payment would be due as the employee has already accrued compensation for the two
(2) hour minimum. At 1945 hours, the employee commences a thirty (30) minute call.
For the call that commenced at 1945 hours, the employee would be paid for .25
additional hours at one and one-half (1½) times the hourly rate, because the call,
which lasted until 2015 hours, commenced during the initial two (2) hour minimum
payment period but exceeded that period by fifteen (15) minutes.
If the initial call-out had commenced at 1830 hours and was completed at 1900
hours and the next call-out had commenced at 2030 hours, the employee would be
eligible for a one and one -half (1½) hour minimum call-out payment at one and one-
half (1½) times the employee’s hourly rate for the call-out that commenced at 2030
hours, because two (2) hours or more will have passed between the commencement
of the initial call-out and the commencement of the subsequent call-out. If a third call-
out was to commence on or after 2200 hours, the employee would then be eligible for
an additional one and one-half (1½) hour minimum payment.
Where a “call-out” requires the employee to leave his/her residence and
respond to a designated worksite, computation of compensable work hours shall
include travel time to and from the employee’s residence and the worksite.
Compensable work hours shall also include time spent on the telephone or other
electronic device whereby the “call-out” is assigned and/or efforts by telephone or
other electronic devise are undertaken to address the subject of the “call-out.”
Employees shall have a District issued ID badge in his/her possession when
responding to call-outs for ease of identification from outside the vehicle.
1630 1700 1730 1800 1830 1900 1930 1945 2000 2030 2100 2130 2200 2230 2300 240
0
Call out
commences
1800 & ends
1900
10
minute
phone
call
30
minute
call
30
minutes
= 2 hours’
pay at 1.5
times hourly
rate
included
in 2 hour
minimum
.25
hours’
pay at
1.5
times
hourly
rate
1.5
hours’
pay at
1.5
times
hourly
rate
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ARTICLE VIII – CONCERTED ACTIVITIES
Section 8.01 – General
A. Apart from and in addition to existing legal restrictions upon remedies for
work stoppages, the Association hereby agrees that neither it nor its
members, agents, representatives or persons acting in concert with any
of them, shall incite, engage or participate in any strike, walkout,
slowdown, sick-out or other work stoppage of any nature against the
District whatsoever or wheresoever located, including, but not limited to
disputes which are related to the subject matter contained in this M OU;
disputes between the District and any other organization, persons or
employees; or jurisdictional disputes. In the event of any strike, walkout,
slowdown, sick-out or other work stoppage or threat thereof against the
District, the Association and its officers will take all steps reasonably
within their control to end or avert the same.
B. Those represented by the Association shall not authorize, engage in,
encourage, sanction, recognize or assist in any strike, walkout, sick -out
or other work stoppage or picket in furtherance thereof, or participate in
concerted interference in violation of this provision or refuse to perform
duly assigned services in violation of this provision. It is understood that
any person represented by the Association found in viol ation of this
provision will be subject to discipline, including termination, as
determined appropriate by the District.
ARTICLE IX – LEAVES
Section 9.01 – Holidays
A. The District’s holiday schedule is set forth in Exhibit “G”.
B. For purposes of holiday compensation, compensation shall be equal to
the number of hours that the employee normally would have worked
other than for the holiday.
C. For those employees whose scheduled work week is Monday through
Thursday, a District-observed holiday falling on a Friday, Saturday, or
Sunday shall convert into a floating holiday to be used within the fiscal
year in which it is accrued or the following fiscal year. Any unused
floating holiday will be cashed out at the employee’s then hourly rate of
pay at the end of the fiscal year following the fiscal year during which the
time was accrued. For example, any unused floating holiday time
accrued during fiscal year 2017-18 would be cashed out at the end of
fiscal year 2018-19.
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D. In order to be eligible for holiday pay, an employee must be either at
work, on a paid leave of absence, or on a leave of absence protected by
law (e.g., FMLA/CFRA) on the regularly scheduled workday immediately
preceding the day observed as the holiday and the regularly scheduled
workday immediately following the day observed as the holiday.
E. Employees working at least 20 hours but not more than 30 hours may
receive holiday pay in proportion to the average of normal hours worked
as a part-time employee compared to full time, (i.e., 4 hours per day
worked by a regular part-time employee would be paid 4 hours on a
holiday).
Section 9.02 – Vacation Leave
A. An employee who is regularly scheduled to work more than thirty (30)
hours per week shall accrue paid vacation at the following rate:
Duration of Continuous Regular Employment Hours Accrued per Pay Period
During 1st through 60th month (0-5 yrs) 3.077 hrs = 2.0 wks/yr
During 61st through 120th month (5-10 yrs) 4.615 hrs = 3.0 wks/yr
During 121st through 180th month (10-15 yrs) 5.384 hrs = 3.5 wks/yr
During 181st through 240th month (15-20 yrs) 6.153 hrs = 4.0 wks/yr
During 241st month and thereafter (20+ yrs) 6.922 hrs = 4.5 wks/yr
B. Vacation leave shall continue to accrue in accordance with the above
provisions when an employee is either at work, or on a paid leave of
absence.
C. Vacation leave shall be scheduled with due regard to the interests of the
District and must be approved in advance by the employee’s Department
Manager or immediate supervisor. An employee must request vacation
leave at least two (2) work days in advance.
D. An employee may not take more vacation leave than the amount the
employee has accrued. The minimum amount of vacation leave that may
be taken at any given time shall be fifteen (15) minute increments.
E. An employee on an original probationary period shall accrue vacation
commencing with the start of employment but shall be ineligible to use
accrued vacation leave prior to successfully completing of six (6) months
of service.
F. The total maximum vacation that may be accrued shall be one and one-
half (1½) times the amount that may be accrued in one year of service ,
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based on the employee’s rate of accrual . If the employee has accrued
the maximum total amount of vacation, no additional vacation shall be
accrued, nor shall the cash equivalent of excess vacation accruals be
earned.
G. At the sole discretion of the General Manager, if an employee is unable
to timely schedule and utilize vacation time off due to business necessity,
said employee may be authorized to accrue over their total annual
maximum and will be given a timeframe to use those excess accruals .
H. At the sole discretion of the General Manager, if an employee is unable
to timely schedule and utilize vacation time off due to an overriding
concern such as a medical leave of absence, said employee may be
authorized to accrue up to 80 additional vacation hours over their total
annual maximum. Once the employee returns to work, they will no longer
accrue leave and will have six (6) months to bring their accru ed leave
time down below their total annual maximum in order to accrue leave
again.
I. Upon separation, an employee shall be cashed out at their current rate of
pay for any vacation leave accrued but not taken.
J. For the term of this MOU only, an employee who has been employed by
the District for more than one year may sell to the District up to forty (40)
hours of accrued unused vacation leave. To be eligible for this benefit,
an employee must submit his/her irrevocable election by December 31 st
of each year to be paid on the second payday in November of the
following year to receive cash for up to forty (40) hours of vacation time
that would otherwise accrue in the immediate following year. For
example, an employee irrevocably elects to sell 40 hours of vacation
leave on December 12, 2018. The employee will be paid out on
November 27, 2019.
K. An employee who works, or is on a paid leave of absence between
twenty (20) and thirty (30) hours per week shall accrue vacation leave on
a proportionate basis relative to a full time employee.
Section 9.03 – Sick Leave
A. Sick leave is not an earned right to time off from work. Sick leave is
provided for use if the employee is unable to work because of illness, and
as otherwise required by law.
B. An employee eligible for paid sick leave shall be granted such leave for
the following reasons:
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1. Diagnosis, care, or treatment of an existing health condition of, or
preventative care for, an employee or a member of the employee’s
immediate family.
2. For employees who are victims of domestic violence, sexual
assault, or stalking: a) to obtain a temporary restraining order or
other court assistance to help ensure the health, safety, or welfare
of the employee or his or her child; or b) obtain medical attention
or psychological counseling, services from a shelter, program or
crisis center, or participate in safety planning or other actions to
increase safety.
C. In order to receive sick pay if the need for leave is foreseeable, e.g., for
routine medical or dental appointments, the em ployee must notify their
immediate supervisor twenty-four (24) hours in advance. If the need for
sick leave is not foreseeable, the employee shall provide advance notice
as soon as practicable. If the employee is required to be absent on sick
leave for more than one day, the employee must keep the immediate
supervisor informed each day as to the date the employee expects to
return to work and the purpose of the leave.
D. In the event that an employee is absent on sick leave in excess of three
(3) days or twenty-four (24) hours, or if the District has cause to believe
that an employee is misusing sick leave, the District may require that the
employee submit a written statement by a physician licensed by the State
of California certifying that the condition of the employee or the
employee’s family member prevented the employee from performing
his/her duties. All employees who use paid leave to address issues
related to domestic violence, sexual assault, or stalking, and who cannot
provide advance notice of their need for leave, must provide certification
of the need for leave within a reasonable time thereafter.
E. An employee who is regularly scheduled to work more than thirty (30)
hours shall accrue sick leave at the rate of 3.70 hours per payroll period.
Sick Leave shall continue to accrue when an employee is either at work,
or on a paid leave of absence.
F. An employee may not take more sick leave time than the amount the
employee has accrued. The minimum amount of sick leave that may be
taken at any time shall be fifteen (15) minutes. An employee may use
accrued sick leave beginning on the 90 th day after the first day of
employment, subject to the limits and request provisions in this Section.
G. CalPERS Unused Sick Leave Credit: An employee who retires in
accordance with the Public Employees’ Retirement System qualifications
shall be paid at the rate of their final salary for ⅜ of their accumulated
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days of sick leave, if any, at the time of separation from active
employment. The remaining ⅝ of their accumula ted days of sick leave
will be converted into CalPERS service credit.
H. An employee who to works, or is on a paid leave of absence between
twenty (20) and thirty (30) hours per week shall accrue sick leave on a
proportionate basis relative to a full time employee.
Section 9.04 – Disability Leave
A. In situations where an employee has been injured in a non -duty accident
and his/her disability leave exceeds thirty (30) continuous calendar days,
their merit review and anniversary dates will be adjusted accor dingly for
that portion of leave exceeding thirty (30) continuous calendar days.
B. An injured employee may elect to take sick leave and/or vacation leave, if
available, subject to the limitation that his/her disability payment, when
added to his/her paid leave, does not result in a net payment exceeding
his/her regular compensation.
Section 9.05 – Bereavement Leave
Upon the death of an immediate family member, an employee shall be entitled
to use up to three (3) days of District -paid bereavement leave to attend funeral
services and/or conduct business associated with the deceased. The General
Manager, at his/her sole discretion, may allow the employee to use up to an additional
four (4) days of sick leave for this purpose.
The General Manager, at his/her sole discretion, may also allow an employee to
use up to four (4) days of sick leave, if available, for bereavement of a non-immediate
family member.
Section 9.06 – Unpaid Leave of Absence
A. An employee’s request for any unpaid leave of absence shall be
submitted to the Human Resources and Risk Manager. In consultation
with Human Resources and Risk Manager, department managers may
grant an employee a leave of absence without pay for a period not to
exceed two (2) weeks.
B. In consultation with Human Resources and Risk Manager, the General
Manager may grant an employee a leave of absence without pay or
seniority for a period not to exceed six (6) months. After six (6) months,
the leave of absence may be extended if authorized by the Board of
Directors. No such leave shall be granted except upon written request of
the employee, setting forth the reason for the request. Approval , if
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granted, shall be in writing from the General Manager, or designated
representative(s) thereof, and such approval shall be entirely at their
discretion.
C. Except as provided by law, the District shall not be required to make
contributions toward insurance or retirement coverage. An employee on
an unpaid leave of absence for more than thirty (30) continuous calendar
days shall submit to the District any and all actual premiums for any and
all insurance coverage. If the employee chooses not to submit any or all
of these premiums, their coverage shall be terminated within the limits
prescribed by the benefit carriers and shall be reinstated within the limits
prescribed by the benefit carrier at the time of their reinstatement by the
District.
D. Upon expiration of an approved unpaid leave of absence or within
twenty-four (24) hours’ notice to return to duty, the employee shall be
reinstated in the position held at the time the leave was granted. Failure
on the part of an employee to report to work promptly at the expiration of
the approved leave period may subject the employee to disciplinary
action up to and including termination. The depositing in the United
States mail of a first-class postage-paid letter addressed to the
employee’s last known place of residence shall be reasonable notice.
E. Except as provided by law, an employee on an unpaid leave of absence
exceeding thirty (30) continuous calendar days shall have his/her
seniority extended by the number of calendar days they were on leave.
Section 9.07 – Voting Leave
An employee may take off such working time as shall enable them to vote,
providing such employee is a registered voter and does not have sufficient time
outside regular working hours within which to vote. A maximum of two (2) hours may
be taken with pay. The scheduling of the time referenced above is subject to approval
of the Department head and shall normally be at the beginning or end of the work shift.
Section 9.08 – Jury Duty/Court Testimony
An employee required to serve as a trial juror shall be ent itled to be absent from
their duties during the period of jury service. The employee shall receive full
compensation from the District for a period not to exceed ten (10) working days for
each period of jury duty. If court records indicate that the employe e advised the court
of this ten (10) working day limit for which the District provides payment, and the
employee is nonetheless selected for a jury, and the jury duty exceeds ten (10)
working days, the excess days shall be paid by the District. Witness fee s or juror fees,
with the exception of mileage reimbursement, shall be submitted to the District.
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Section 9.09 – Military Leave
Payment of an employee on military leave is governed by law. Employees must
submit a copy of military orders to the Human Resources and Risk Manager prior to
the beginning of the military leave period and as soon as the employee knows of the
need to request such leave, except where military necessity dictates.
Section 9.10 – Alt Time
All employees who currently possess alt-time in his/her leave balance will have
until April 30, 2019 to take as paid time off. All unused alt-time shall be cashed out at
his/her current hourly rate of pay on May 16, 2019.
ARTICLE X – LAYOFF PROCEDURES
Section 10.01 – Elimination of Position
The Board may require elimination or curtailment of a public service activity if
the Board determines it is in the public interest. Such Board action may result in the
layoff of one or more employees. The following p rocedure is intended to provide
consideration to seniority of service.
Section 10.02 – Layoff Procedure
A. When employees have equal seniority for retention in a class, the
employee with the longest length of continuous service with the District
since the employee’s last date of hire shall have the highest retention
priority.
B. ORDER OF LAYOFF: When layoff is necessary, employees are subject
to layoff by classification and by department in the following order:
1. Temporary employees shall be laid off in an order determined by
seniority.
2. Probationary and provisional (acting) employees shall be laid off in
an order determined by seniority.
3. Regular and promotional probationary employees shall be laid off
in an order determined by seniority.
C. SENIORITY LIST: Employees shall be subject to layoff as follows:
1. The names of all employees in a classification within a department
shall be listed in order of seniority according to the categories
described above. The procedure described below shall be applied
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to each category in order until it is exhausted before moving to the
next category.
2. If one layoff is to be made, the three (3) least senior employees
shall be considered. If more than one layoff is to be made, the
number of employees lowest in seniority equal to the number of
layoffs plus two shall be considered. The General Manager shall
base layoff decisions on seniority.
3. In order to avoid layoff, an employee laid off under the provisions
of Section 10.02.C.2 above may, within three (3) working days of
receiving the layoff notice, request demotion to a position in any
lower classification within the same series, or in an equivalent
series, or in any classification within the classified service in which
the employee previously held regular status. Whether to allow an
incumbent to bump shall be based upon seniority. The decision
must be recommended by the Human Resources and Risk
Manager and approved by the General Manager.
4. In the case of any question as to the equivalency of classifications
for purposes of Section 10.02.C.3 above, the decision of the
Human Resources and Risk Manager is final.
D. WRITTEN NOTICE OF LAYOFF: Any employee to be laid off shall be
given written notice of layoff not less than fourteen (14) calendar days
prior to the effective date of such layoff.
Section 10.03 – Reemployment
A. REEMPLOYMENT LIST: The names of persons laid off shall be placed
on a reemployment list for each classification in the same and any
equivalent series at or below the level of the classification from which laid
off and for each classification in which regular status was previously held.
These names shall be placed on the reemployment list in reverse order
of layoff. The last employee laid off is the first employee on the
reemployment list, with other laid off employees listed in sequential order
thereafter. An employee whose position has been reallocated to a lower
classification but who has not been demoted for cause shall also have
his/her names placed on the reemployment list for the classification from
which his/her position was reallocated. Reemployment lists shall be
certified by the Human Resources and Risk Manager and be valid for
one year from the date of layoff.
B. APPOINTMENTS: The General Manager shall select from among the
three highest available and qualified on the reemployment list.
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Qualifications shall be determined by the last performance evaluation
prior to layoff.
C. PRIOR SERVICE AND ANNIVERSARY DATE: For the purpose of
computing total seniority with the District, an employee reemployed shall
have the same prior service credited to them as they had at the time of
layoff. Upon reemployment an employee shall be credited with the same
portion of a year as that credited at the time of layoff for purposes of
establishing a new anniversary date for merit increase eligibility.
Section 10.04 – Salary Upon Reemployment After Layoff
An employee reemployed in the same class ification or a comparable
classification shall be placed in the same salary step held upon layoff.
ARTICLE XI – EMPLOYEE DISCIPLINE
Section 11.01 – Cause for Discipline
Employees who have passed probation may be subject to discipline for reasons
including but not limited to, the following:
A. FRAUD IN SECURING EMPLOYMENT: Making a false statement
on an application for employment or on any supporting documents
furnished with or made part of any application.
B. INEFFECTIVENESS: Failing to meet or comply with the minimum
standards of a position or to perform the duties required of an
employee in that position in an effective and timely manner.
C. ABSENTEEISM: Excessive absences or repeated lateness f or
work.
D. DISOBEDIENCE/INSUBORDINATION: W illfully failing to follow or
conform to established supervisor’s lawful orders or directions, or
acting in an insulting or demeaning manner toward a supervisor .
E. DISHONESTY: Communicating information in an untruthful or
misleading manner.
F. SUBSTANCE ABUSE: Being under the influence of alcohol or
illegal drugs while on duty.
G. VIOLATION OF DISTRICT/DEPARTMENT/SECTION RULES OR
POLICIES: Violation of the MOU, District policies and/or
procedures, departmental/section rules, or professional standards.
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H. DISCOURTESY: Discourteous treatment of other employees or
members of the public.
I. PROPERTY USE: Improper or unauthorized use of District
property.
J. UNBECOMING CONDUCT: Conduct likely to cause discredit to
the employee or the District or impair the ability of oneself or
others to effectively perform job duties.
K. ABUSE OF LEAVE: Abuse of sick leave or other leaves, including,
but not limited to, using leave for unauthorized purposes.
L. CARELESSNESS/NEGLIGENCE: Careless or negligent behavior
in the care or handling of District property.
M. UNAUTHORIZED OVERTIME: Performing overtime work without
prior authorization.
N. FRAUDULENT ACTION: Falsifying a timesheet, production record
overtime sheet or other work record, or engaging in fraud of any
type.
O. SLEEPING ON DUTY.
P. READING NON-WORK RELATED MATERIAL DURING
WORKING HOURS, EXCEPT DURING AUTHORIZED BREAKS
AND/OR MEAL PERIODS.
Q. CARRYING A FIREARM OR OTHER UNAUTHORIZED WEAPON
WHILE ON DISTRICT PROPERTY.
R. POSSESS, SELL, BUY, DISTRIBUTE, OFFER TO POSSESS,
SELL, BUY, DISTRIBUTE OR USE, BEING UNDER THE
INFLUENCE OR HAVING IN THE EMPLOYEE’S SYSTEMS ANY
ILLEGAL SUBSTANCE, ALCOHOL OR ANY LEGAL DRUG OR
SUBSTANCE NOT PROPERLY OBTAINED BY THE
EMPLOYEE, WHILE ON DISTRICT TIME AND/OR PROPERTY.
S. DANGEROUS ACTS: Engaging in conduct likely to endanger
oneself, other employees or members of the public, and/or create
potential liability for the District through damage or injury.
T. DISRUPTION OF DISTRICT BUSINESS THROUGH WILLFUL
MISCONDUCT.
U. SEXUAL ACTIVITY ON DUTY.
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V. RELEASE OF CONFIDENTIAL INFORMATION.
W. CRIMINAL CONDUCT: Commission of a crime either a) during the
course of employment or b) during the employee’s off -duty hours if
there is a nexus to the employment relationship between the
District and the employee, the employee becomes unavailable for
work as result, or the District’s interests are adversely affected.
Section 11.02 – Types of Actions
The types of disciplinary actions are: verbal reprimand, written reprimand,
suspension without pay, involuntary demotion, reduction in pay and termination.
For each type of disciplinary action, certain steps and procedures must be
followed. A supervisor who is considering a disciplinary action beyond a verbal
reprimand should discuss the circumstances of the situation with the Human
Resources and Risk Manager before taking any action unless the particular situation
requires immediate action. A supervisor is not required to take disciplinary action in
sequential order. Depending upon the specific circumstances of the violation, the
supervisor should determine which action (or actions) is appropriate, in consultation
with the Human Resources and Risk Manager.
Section 11.03 – Progressive Steps
Disciplinary actions may, but are not required to, be taken in progressive steps
as follows:
A. VERBAL REPRIMAND: The supervisor holds a Verbal Reprimand
meeting with the employee. The purpose of the meeting is to explain the
employee's conduct or acts which are in violation of the MOU, policies,
procedures, or practices, and to remind the employee of the behavior
that is expected in the future and the consequences of not meeting the
performance expectations of the supervisor.
B. WRITTEN REPRIMAND: The supervisor prepares a Written Reprimand
memo. The written reprimand constitutes notice of the infraction(s)
including the circumstances. The supervisor shall hold a Written
Reprimand meeting with the employee. Employees who have received
written reprimands are entitled to the following:
1. A meeting with the supervisor to discuss the contents of the
written reprimand.
2. The opportunity to present a written response to the written
reprimand. The written reprimand and the response shall be
placed in the employee's personnel file.
Page 200 of 248
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2018-2023
3. The employee has ten (10) business days from receipt of the
written reprimand in which to write a response to it.
C. SUSPENSION WITHOUT PAY: An employee may be suspended
without pay for up to thirty (30) calendar days. When placing an
employee on suspension without pay, the supervisor shall follow all of the
steps listed under Section 11.04 – Disciplinary Procedure.
D. INVOLUNTARY DEMOTION: An employee may be demoted to a
classification having an overall lower salary range. When demoting an
employee, the supervisor must follow all of the steps listed under Section
11.04 – Disciplinary Procedure.
E. REDUCTION IN PAY: An employee may be reduced in pay to a lower
step within the pay range. When reducing the salary of an employee, the
supervisor must follow all of the steps listed under Section 11.04 –
Disciplinary Procedure.
F. TERMINATION: When it is necessary to terminate an employee, the
supervisor must follow all of the steps listed under Section 11.04 –
Disciplinary Procedure.
Section 11.04 – Disciplinary Procedure
The following procedure applies only to a suspension without pay, involuntary
demotion, reduction in pay, and/or termination.
A. When an employee who has passed probation is to be subject to
discipline, specific written charges shall be prepared and presented by
the employee’s department manager for action by the Human Resources
and Risk Manager.
B. The Human Resources and Risk Manager shall provide such employee
with a written Notice of Intent. The Notice of Intent shall advise the
employee of the contemplated level of discipline and underlying
charge(s), and that the employee is entitled to respond to the charges as
provided below. Relevant documents relied upon in proposing the
discipline shall be attached to the Notice of Intent.
The employee shall have the right to respond orally or in writing to the
Human Resources and Risk Manager within five (5) business days from
the date of issuance of the Notice of Intent if personally served, or ten
(10) calendar days if served by mail. The Notice of Intent shall contain a
"statement of personal service or mailing" indicating the date on which
the Notice of Intent was personally served or deposited in the United
States Mail. Such date of personal service or mailing shall be the “date of
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issuance” of the Notice of Intent. The Human Resources and Risk
Manager may act upon the initial written and/or oral presentation of the
employee or may request that the employee submit a further response in
writing, or permit the employee a further oral presentation. Failure of the
employee to make a written response or request an oral presentation
shall constitute waiver of this pre-disciplinary provision. At his/her own
expense, the employee shall be entitled to be represented by counsel or
other person of their choice during the course of the above proceedings.
This pre-disciplinary hearing is an opportunity for the employee to tell
their story, but is not an evidentiary hearing, and the employee may not
call witnesses.
C. The Human Resources and Risk Manager shall provide the employee a
written Notice of Discipline, describing his/her final decision to proceed
with, modify, or cancel the proposed disciplinary action. The decision of
the Human Resources and Risk Manager shall be immediately
implemented.
Section 11.05 – Appeal of Disciplinary Action
The following procedure applies only to a suspension without pay, involuntary
demotion, reduction in pay, and termination.
A. When disciplinary action has been taken by the Human Resources and
Risk Manager pursuant to Section 11.03, the employee shall have the
right to an appeal. An appeal shall not suspend the effective date of the
discipline. Failure to timely appeal by the employee or his/her
representative will make the action by the Human Resources and Risk
Manager final and conclusive.
B. W ithin fifteen (15) calendar days after the final Notice of Discipline is
issued, the subject employee may appeal to the General Manager by
filing a written answer to the charges and requesting a hearing thereon.
C. Representatives of the District and the Association shall attempt to agree
upon an advisory hearing officer. If the parties cannot agree, an advisory
hearing officer shall be selected from a list of seven names to be
supplied by the State Conciliation and Mediation Services. The parties
will alternate striking names on the list until one name remains , who shall
be selected as the advisory hearing officer. The Association will strike the
first name. The District agrees to pay any fees associated with procuri ng
the strike list.
D. The costs of the hearing officer shall be borne by the District.
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E. The hearing shall be conducted in the manner most conducive to
determination of the truth, and the hearing officer shall not be bound by
technical rules of evidence.
F. The hearing officer shall determine the relevancy, weight, and credibility
of testimony and evidence. The hearing officer shall make findings of fact
based on a preponderance of the evidence standard. The level of
discipline imposed shall be subject to an ab use of discretion standard.
G. Each side will be permitted to make an opening statement and a closing
argument. On behalf of the District, the Human Resources and Risk
Manager or his/her representative shall first present witnesses and
evidence to sustain the charges. The employee may then present their
witnesses and evidence in defense.
H. Each side will be allowed to examine and cross-examine witnesses.
I. Both the Human Resources and Risk Manager (acting on behalf of the
District) and the employee each may be represented by legal counsel.
The employee may retain counsel or other representat ion, at his/her own
expense.
J. The hearing officer shall, if requested by either party, subpoen a
witnesses and/or require production of other relevant records or relevant
evidence.
K. The hearing officer may, prior to or during a hearing, grant a continuance
for any reason he/she believe to be important for reaching a fair and
proper decision.
L. The hearing officer shall prepare a recommended decision and forward it
to the General Manager no later than thirty (30) calendar days after the
matter of appeal was taken under submission by the hearing officer. The
recommended decision shall set forth which ch arges, if any, the hearing
officer feels are sustained and the reasons therefor. The recommended
decision shall also set forth whether the level discipline imposed reflects
an abuse of discretion.
M. The employee or his/her representative may obtain a copy of the
transcript of the hearing at his/her own cost.
N. Within thirty (30) calendar days of receiving the recommendation of the
hearing officer, and after consideration of the record only, the General
Manager may sustain or reject any or all of the charges filed against the
employee. If the General Manager modifies reduces the level discipline,
the General Manager shall, as appropriate, order all or part of the
Page 203 of 248
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2018-2023
employee’s full compensation from the time of dismissal or suspension , if
applicable to be paid. The General Manager shall issue a written decision
which is final and binding.
O. An employee who was demoted or dismissed may be reinstated to
his/her position as a result of a successful appeal. In the event of such
reinstatement, the employee shall be entitled to their former status of
employment.
P. Dismissal of an employee from the District service following the pre-
disciplinary meeting at the Human Resources and Risk Manager, shall:
1. Constitute a dismissal as of the same date from all positions the
employee may hold in the District service.
2. Terminate the salary of the employee as of the effective date of
their dismissal except that they shall be compensated for any
unpaid salary, unused vacation, compensatory time of f, and
alternative time to their credit as of the date of dismissal.
Section 11.06 – Placement in Personnel File
Official disciplinary action documents shall be placed in the employee's
personnel file when the discipline is final.
Section 11.07 – Employee Acknowledgement
The employee shall be asked to acknowledge each document in the disciplinary
process by signing that it was received.
Section 11.08 – Paid Administrative Leave
An employee may be placed on paid administrative leave during an
investigation of alleged misconduct and/or while disciplinary action is being considered .
Section 11.09 – Job Abandonment
When an employee has been absent without authorization from work for more
than three (3) days, and in the opinion of the Department head the employee has
abandoned his/her position, the Department Head shall notify the General Manager or
a designee. The General Manager shall notify the employee that the District has
determined the employee has abandoned his/her position, and the employee has f ive
working days upon receipt of the notice to contact the District regarding his/her intent
to return to work. Such notice shall be in writing and sent by certified mail or personal
service to the most recent address listed in the employee's personnel file.
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Abandonment of a position may include, but is not limited to:
A. An employee failing to return to their employment upon conclusion of any
authorized leave of absence;
B. An employee failing to properly notify their immediate supervisor of
absence due to sickness or injury;
C. An employee failing to appear for work without notification, or agreement
between supervisor and employee as to the use of any leave time set
forth under this MOU;
If an employee fails to respond within five (5) working days to the notice of
abandonment of position, the employee may be considered to have abandoned
his/her position of employment with the District, which shall serve as just cause for
termination and grounds for disqualification from future employment with the District .
Even if the employee responds within five (5) working days to a notice of
abandonment, nothing herein shall preclude the District from taking disciplinary action,
up to and including termination, for abuse of leave or unauthorized absence.
ARTICLE XII – GRIEVANCE PROCEDURE
Section 12.01 – Purpose
The purpose of this section is to enhance communications between the District
and employees by providing a fair and impartial review and consideration of grievances
at the level closest to their point of origin within a reasonable time period without
jeopardizing the employee’s position or employment.
Section 12.02 – Matters Subject to the Grievance Procedure
A. A grievance may be filed for an alleged violation of this Memorandum of
Understanding.
B. The grievance procedure shall not be used to establish a new policy or
change an existing rules. It shall not be used to challenge a disciplinary
action or a performance evaluation.
Section 12.03 – Informal Grievance Adjustment
A. An aggrieved employee shall try to solve the issue through informal
discussion with his/her supervisor no later than ten (10) working days
after the employee knew or reasonably should have known of the facts
underlying the grievance. The supervisor shall conduct whatever
investigation he/she deems necessary and reply in writing to the grievant
within ten (10) working days. Any matters that the supervisor does not
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2018-2023
have authority to decide shall be brought to the attention of a higher level
supervisor who does have the proper authority.
B. If the grievant remains dissatisfied, and/or some other extenuating
circumstances exist, he/she may file a written informal grievance with the
next level of authority no later than ten (10) working days after receipt of
the informal decision. The higher level supervisor shall conduct whatever
investigation he/she deems necessary and reply in writing no later than
ten (10) working days after receipt of the written informal grievance. If the
grievant is still not satisfied with the decision, he/she may file a formal
grievance within ten (10) working days of receipt of the higher level
supervisor’s written decision.
Section 12.04 – Formal Grievance Procedure
A. The formal grievance procedure may be followed only after failure to
resolve a problem through informal grievance adjustment. If the
employee is not in agreement with the informal written decision reached,
he/she may, within ten (10) working days of the receipt of the higher level
supervisor’s written decision, file a formal grievance in writing with the
Human Resources and Risk Manager with a copy to the General
Manager. The Human Resources and Risk Manager shall conduct
whatever investigation he/she deems necessary to allow fair
consideration of the situation and shall present a written reply to the
employee within ten (10) working days after receipt of the written
grievance. A copy of the reply shall be forwarded to the General
Manager.
B. If the employee is not satisfied with the decision of the Human Resources
and Risk Manager, he/she may file a written appeal to the General
Manager within five (5) working days after having received the written
reply of the Human Resources and Risk Manager. Within ten (10)
working days of receipt of the written appeal, the General Manager shall
make a written decision which shall be final and binding on all parties.
The General Manager may conduct whatever investigation and /or
meeting(s) he/she deems appropriate.
Section 12.05 – General Conditions
A. The Human Resources and Risk Manager shall receive and retain copies
of all written materials pertaining to the grievance.
B. An employee may represent himself/herself, or at his/her own expense,
select whomever they desire to represent them in the grievance
procedure.
Page 206 of 248
45
C.If an employee fails to proceed with a grievance within any of the time
limits specified in this article, the grievance shall be deemed abandoned
with no further basis for appeal.
D.If a District supervisor/manager below the level of the General Manager
fails to reply within any of the time limits specified in this section, the
grievance shall be deemed denied. The ti me limits for appeal of a denied
grievance shall commence running upon receipt by the grievant of a
timely written grievance rejection, or absent such rejection, at the end of
the supervisory reply period, where no written rejection has been
provided.
E.Any of the time limits specified in this section may be extended when
mutually agreed upon by all parties concerned.
F.Either the grievant, the Human Resources and Risk Manager or the
General Manager, may request a meeting to review the grievance prior to
a decision.
G.When a grievant or designated representative (if a District employee)
attends a grievance meeting or hearing with management during the
work day, they shall be released without loss of pay in order to permit
participation in the foregoing activities provided advance arrangements
are made with the employee’s Department Manager.
Page 207 of 248
Exhibit A
Yorba Linda Water District – Bargaining Unit Employees Association
Classifications and Salary Ranges
Effective July 1, 2021 - REVISED 8/10/2021
CLASSIFICATION TITLE SALARY RANGES FLSA
Accounting Assistant I BU 17 Non-Exempt
Assistant Engineer I BU 20 Non-Exempt
Assistant Engineer II BU 24 Non-Exempt
Assistant Engineer III BU 26 Non-Exempt
Construction Inspector BU 24 Non-Exempt
Customer Service Representative I BU 15 Non-Exempt
Customer Service Representative II BU 17 Non-Exempt
Customer Service Representative III BU 19 Non-Exempt
Electrical/SCADA Technician BU 23 Non-Exempt
Facilities Maintenance BU 23 Non-Exempt
Field Customer Service Representative/Meters II BU 20 Non-Exempt
GIS Analyst BU 26 Non-Exempt
GIS Technician BU 24 Non-Exempt
Information Systems Technician I BU 22 Non-Exempt
Maintenance Worker I BU 17 Non-Exempt
Maintenance Worker II BU 20 Non-Exempt
Maintenance Worker III BU 23 Non-Exempt
Mechanic I BU 17 Non-Exempt
Mechanic II BU 21 Non-Exempt
Mechanic III BU 23 Non-Exempt
Meter Reader I BU 16 Non-Exempt
Office Clerk BU 12 Non-Exempt
Operations Assistant BU 21 Non-Exempt
Plant Operator I BU 21 Non-Exempt
Plant Operator II BU 23 Non-Exempt
Public Affairs Representative BU 17 Non-Exempt
Sr. Construction Inspector BU 26 Non-Exempt
Water Quality Technician I BU 20 Non-Exempt
Water Quality Technician II BU 22 Non-Exempt
Adopted August 10, 2021
Page 208 of 248
ITEM NO. 8.12.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Gina Knight, Human Resources and Risk Manager
SUBJECT:Ratifying Amended Budgeted Positions for Fiscal Year 2021-22
and Amending Exhibit A in the Personnel Manual for
Unrepresented Employees
RECOMMENDATION:
That the Board of Directors: (1) adopt Resolution No. 2021-XX ratifying amendments to the
Budgeted Positions for the remainder of Fiscal Year 2021-22; and (2) adopt Resolution No.
2021-XX amending Exhibit A of the Personnel Manual for Unrepresented Employees for the
Remainder of Fiscal Years 2022-23.
BACKGROUND:
In compliance with California Code of Regulations (CCR) Section 570.5 and the Public
Employees' Retirement Law (PERL), the Board of Directors also ratifies the District's budgeted
positions prior to each fiscal year or more often as needed. As such the Board of Directors
ratified seventy-nine (79) regular, full-time positions for Fiscal Year 2021-22 on May 11, 2021.
Since May 11, 2021, additional salary adjustments will be implemented for the following
classifications with an effective date of August 15, 2021:
Chief Water System Operator (R29) to (R30)
Operations Superintendent (R30) to (R32)
Maintenance Superintendent (R30) to (R32)
Due to the anticipated needs of the new PFAS Treatment Plant, staff is requesting to increase
the authorized positions from seventy-nine (79) to eighty (80) effective August 15, 2021 with
the addition of the following position:
Production Superintendent (R33)
The fiscal impact to the budget for the remainder of FY21-22 will be an increase of
approximately $110,482 in salaries.
Page 209 of 248
PRIOR RELEVANT BOARD ACTION:
On March 9, 2021, the Board of Directors adopted Resolution No. 2021-04 Amending Exhibit
A of the Personnel Manual for Unrepresented Employees. On May 11, 2021, the Board of
Directors adopted Resolution No. 2021-12 ratifying the Budgeted Positions for Fiscal Year
2021-22.
STRATEGIC PLAN INITIATIVES:
G5 1A - Retain highly skilled and capable workforce; G5 1D - Establish and maintain a
comprehensive succession plan.
ATTACHMENTS:
1.Resolution No. 2021-XX - Amending Budgeted Positions
2.Exhibit A
3.Resolution No. 2021-XX - Amending Personnel Manual
4.Exhibit A - Redline
5.Exhibit A - Final
Page 210 of 248
Resolution No. 2021-XX Amending and Ratifying Budgeted Positions for the Remainder of Fiscal Year 2021-22 1
RESOLUTION NO. 2021-XX
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
RATIFYING AMENDMENTS TO THE BUDGETED POSITIONS FOR THE
REMAINDER OF FISCAL YEAR 2021-22
WHEREAS,the Board of Directors adopted a budget for Fiscal Year 2021-22 on May
11, 2021.
WHEREAS, the Board of Directors is required to ratify the budgeted positions for each
fiscal year in compliance with California Code of Regulations (CCR) Section
570.5 and the Public Employees’ Retirement Law (PERL).
WHEREAS,the Board of Directors previously adopted Resolution No. 2021-12 on May
11, 2021 ratifying the budgeted positions for Fiscal Year 2021-22.
WHEREAS,the General Manager has authorized amendments to the budgeted
positions for the remainder of Fiscal Year 2021-22.
WHEREAS,it is the desire of the Board of Directors to ratify these amendments as
authorized by the General Manager.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
SECTION 1.Effective August 15, 2021, the budgeted positions for Fiscal Year 2021-22
as adopted by Resolution No. 2021-12 are hereby amended as set forth in
Exhibit A and attached hereto.
SECTION 2.Reaffirm that the General Manager is hereby authorized to employ up to the
number of employees budgeted and funded in each fiscal year without
further approval of the Board of Directors.
Page 211 of 248
Resolution No. 2021-XX Amending and Ratifying Budgeted Positions for the Remainder of Fiscal Year 2021-22 2
SECTION 3. Reaffirm that the General Manager is hereby authorized while this
Resolution is active to fill a budgeted position that is vacated with a new
employee at a lower or equal classification and/or with a part time employee
or contract staff. The General Manager is further authorized to fix and alter
the compensation of employees subject to budget limitations.
PASSED AND ADOPTED this 10th day of August 2021 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
J. Wayne Miller, PhD, Vice President
Yorba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. Gagen, Esq.
Kidman Gagen Law LLP
Page 212 of 248
Exhibit A
Resolution No. 2021-XX
Budgeted Positions for FY21-22
Effective August 15, 2021
Page 1 of 2
Salary
Range Position Classification
Ratified as
of
5/11/2021
Change
Effective as
of
8/15/2021
16 Meter Reader I 2 2
17 Customer Service Rep II 4 4
Maintenance Worker I 5 5
Public Affairs Representative 0 0
19 Customer Service Rep III 2 2
Records Management Specialist 1 1
20 Assistant Engineer I 1 1
Field Customer Services Rep/Meters II 1 1
Maintenance Worker II 8 8
21 Accounting Assistant II 2 2
Mechanic II 1 1
Operations Assistant 1 1
Operator I (Operator In Training)1 1
22 Information Systems Tech I 1 1
Water Quality Technician II 1 1
23 Facilities Maintenance 1 1
Human Resources Technician 0 0
Maintenance Worker III 6 6
Mechanic III 1 1
Plant Operator II 3 3
Electrical/SCADA Technician 1 1
Sr. Field Customer Service Rep/Meters 1 1
24 Assistant Engineer II 1 1
Construction Inspector 1 1
25 Accountant 1 1
26 Assistant Engineer III 1 1
GIS Analyst 1 1
Sr. Construction Inspector 1 1
Sr. Mechanic 1 1
Sr. Maintenance Worker 4 4
Sr. Plant Operator 1 1
27 Budget Analyst 1 1
Human Resources Analyst 2 2
28 Associate Engineer 0 0
Executive Assistant 1 1
Safety and Training Analyst 1 1
29 Chief Water System Operator 1 -1 0
Public Affairs Manager 1 1
30 Chief Water System Operator 0 1 1
Customer Service Billing Administrator 1 1
Maintenance Superintendent 1 -1 0
Operations Superintendent 1 -1 0
Records Management Administrator 1 1
Page 213 of 248
Exhibit A
Resolution No. 2021-XX
Budgeted Positions for FY21-22
Effective August 15, 2021
Page 2 of 2
Sr. Accountant 1 1
31 Production Superintendent 0 0
Sr. Engineer 2 2
32 Maintenance Superintendent 0 1 1
Operations Superintendent 0 1 1
Sr. Executive Assistant/Board Secretary 1 1
33 Production Superintendent 0 1 1
35
Sr. IS Administrator 1 1
Principal Engineer 1 1
39 Engineering Manager 1 1
Finance Manager 1 1
Human Resources and Risk Manager 1 1
Operations Manager 1 1
42 Assistant General Manager 1 1
Salary Set
by Board
General Manager 1 1
Total 79 80
Ratified: 8/10/2021
30
Page 214 of 248
Resolution No. 2021-XX Amending Exhibit A of the Personnel Manual for Unrepresented Employees 1
RESOLUTION NO. 2021-XX
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
AMENDING EXHIBIT A OF THE PERSONNEL MANUAL
FOR UNREPRESENTED EMPLOYEES
FOR THE REMAINDER OF FISCAL YEARS 2022-23
WHEREAS, the Board of Directors of the Yorba Linda Water District previously adopted
the Personnel Manual (Manual) for Unrepresented Employees for Fiscal
Years 2018-23 (Resolution No. 18-11); and
WHEREAS, the Board of Directors adopts amendments to the Manual and associated
Exhibits from time to time; and
WHEREAS,the Board of Directors desires to further amend Exhibit A of the Manual to
reflect modifications authorized by the General Manager and ratified by the
Board to the budgeted positions for Fiscal Year 2021-22.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
SECTION 1.That effective August 15, 2021, Exhibit A of the Personnel Manual for
Unrepresented Employees for Fiscal Years 2018-23 be amended to read
as attached hereto and by this reference incorporated herein.
Page 215 of 248
Resolution No. 2021-XX Amending Exhibit A of the Personnel Manual for Unrepresented Employees 2
PASSED AND ADOPTED this 10th day of August 2021 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
J. Wayne Miller, PhD, Vice President
Yorba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. Gagen, Esq.
Kidman Gagen Law LLP
Page 216 of 248
Exhibit A
Yorba Linda Water District – Unrepresented Employees
Classifications and Salary Ranges
Effective August 15January 17, 2021
CLASSIFICATION TITLE SALARY RANGES FLSA
Accountant UN 25 Exempt
Accounting Assistant II UN 21 Non-Exempt
Assistant General Manager*UN 42 Exempt
Associate Engineer UN 28 Exempt
Budget Analyst UN 27 Exempt
Chief Water System Operator UN 2930 Non-Exempt
Customer Service Billing Administrator UN 30 Exempt
Engineering Manager*UN 39 Exempt
Executive Assistant UN 28 Exempt
Finance Manager*UN 39 Exempt
Human Resources Analyst UN 27 Exempt
Human Resources Technician UN 23 Non-Exempt
Human Resources and Risk Manager*UN 39 Exempt
Maintenance Superintendent UN 3032 Exempt
Operations Manager*UN 39 Exempt
Operations Superintendent UN 3032 Exempt
Principal Engineer UN 35 Exempt
Production Superintendent UN 33 Exempt
Public Affairs Manager*UN 29 Exempt
Records Management Administrator UN 30 Exempt
Records Management Specialist UN 19 Non-Exempt
Safety and Training Analyst UN 28 Exempt
Safety and Training Technician UN 23 Non-Exempt
Sr. Accountant UN 30 Exempt
Sr. Engineer UN 31 Exempt
Sr. Executive Assistant/Board Secretary UN 32 Exempt
Sr. Field Customer Service Representative/Meters UN 23 Non-Exempt
Sr. Information Systems Administrator UN 35 Exempt
Sr. Maintenance Worker UN 26 Non-Exempt
Sr. Mechanic UN 26 Non-Exempt
Sr. Plant Operator UN 26 Non-Exempt
* Management Classifications
Adopted March 9August 10, 2021
Page 217 of 248
Exhibit A
Yorba Linda Water District – Unrepresented Employees
Classifications and Salary Ranges
Effective August 15, 2021
CLASSIFICATION TITLE SALARY RANGES FLSA
Accountant UN 25 Exempt
Accounting Assistant II UN 21 Non-Exempt
Assistant General Manager*UN 42 Exempt
Associate Engineer UN 28 Exempt
Budget Analyst UN 27 Exempt
Chief Water System Operator UN 30 Exempt
Customer Service Billing Administrator UN 30 Exempt
Engineering Manager*UN 39 Exempt
Executive Assistant UN 28 Exempt
Finance Manager*UN 39 Exempt
Human Resources Analyst UN 27 Exempt
Human Resources Technician UN 23 Non-Exempt
Human Resources and Risk Manager*UN 39 Exempt
Maintenance Superintendent UN 32 Exempt
Operations Manager*UN 39 Exempt
Operations Superintendent UN 32 Exempt
Principal Engineer UN 35 Exempt
Production Superintendent UN 33 Exempt
Public Affairs Manager*UN 29 Exempt
Records Management Administrator UN 30 Exempt
Records Management Specialist UN 19 Non-Exempt
Safety and Training Analyst UN 28 Exempt
Safety and Training Technician UN 23 Non-Exempt
Sr. Accountant UN 30 Exempt
Sr. Engineer UN 31 Exempt
Sr. Executive Assistant/Board Secretary UN 32 Exempt
Sr. Field Customer Service Representative/Meters UN 23 Non-Exempt
Sr. Information Systems Administrator UN 35 Exempt
Sr. Maintenance Worker UN 26 Non-Exempt
Sr. Mechanic UN 26 Non-Exempt
Sr. Plant Operator UN 26 Non-Exempt
* Management Classifications
Adopted August 10, 2021
Page 218 of 248
ITEM NO. 9.1.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Alison Martin, Public Affairs Manager
SUBJECT:Position on Wastewater Infrastructure Pollution Prevention and
Environmental Safety (WIPPES) Act
RECOMMENDATION:
That the Board of Directors take a support position on H.R. 4602, the Wastewater
Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act.
SUMMARY:
The WIPPES Act would establish “Do Not Flush” labeling requirements for non-flushable wet
wipes product packaging. By including a specific amendment into the INVEST in America Act,
this legislation would take a critical step toward stopping the flushing of wet wipes at the
source and decrease the strains that the flushing of these products has upon property owners,
infrastructure, wastewater treatment plants, ratepayers, and the surrounding environment.
In the California State Legislature, Assembly Member Bloom (D-Santa Monica) has introduced
a similar bill, AB 818. This bill would also establish “Do Not Flush” labeling requirements as
well as enforcement provisions that have been pre-negotiated with the woven fabrics industry.
The WIPPES Act attempts to use AB 818 as a springboard to establish these requirements
nationwide.
BACKGROUND:
Plastic pollution is a major problem and an increased focus on limiting single-use plastic
products is warranted. When plastics are erroneously flushed, they shed fibers which
wastewater treatment plants are not designed to remove. These fibers can be discharged into
waterways and research demonstrates that microplastics have significant negative impacts on
the aquatic ecosystem. Consumers should never be directed to flush wipes that are made of
plastic.
Nearly all wipes marketed as diaper wipes, household cleaning wipes, and cosmetic wipes
have a significant amount of plastic in them. These are not intended to be flushed, yet regularly
end up in the sewers. Plastic fibers are engineered for strength, and these wipes don’t break
Page 219 of 248
down, they rope together and create massive clogs that catch other debris.
There are significant, tangible costs for wastewater agencies to manage and clean up wipes
pollution and those costs are ultimately borne by local ratepayers. Ragging and debris from
improperly flushed wipes products can lead to major operations and maintenance impacts for
wastewater systems, and many have had to upgrade and replace parts of their treatment
systems solely to manage the influx of wipes. Equipment such as pump systems, bar screens,
and large grinders are often required to manage the volume of wipes debris in the systems.
The manual maintenance requirement to remove the debris from treatment system equipment
also creates worker safety concerns given the close exposure to raw sewage and the potential
for being stuck by needles or other sharp objects when physically removing clogs. Wipes have
also been known to cause sanitary sewer overflows at private residences and neighborhoods,
which can impact water quality, can be incredibly costly to clean up, and are subject to
penalties by the State Water Board. Public agencies dedicate significant time and effort to
educating the public about the proper disposal of wipes products and other pollutants.
The combination of system upgrades, operations and maintenance, and public outreach
campaigns to deal with this pollution is very costly for wastewater agencies, and ultimately
these costs are borne by the users of the system. A new national study indicates California
wastewater agencies spend $47 million annually to deal with wet wipes.
Page 220 of 248
ITEM NO. 9.2.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT:Nominations for ACWA Committee Appointments
RECOMMENDATION:
That the Board of Directors consider nominating interested Directors for appointment to
ACWA committees for the 2022-2023 term.
BACKGROUND:
ACWA has requested nominations from its membership for committee appointments for the
2022-2023 term. Attached are descriptions of each committee's purpose and responsibilities
and the associated number of meetings held each year. Directors interested in being
appointed or standing for reappointment must be listed on the attached committee
consideration form which is due September 30, 2021. Indication of a second and third
committee choice is required.
ACWA does not provide committee members with a meeting stipend or reimburse for travel
expenses so these costs would be paid for by the District. Funds were included in the FY21-
22 budget for this purpose. Due to COVID-19, all committee meetings have been conducted
virtually over the past year. It is not known when in-person attendance will resume.
Currently, Vice President Miller is serving on ACWA's Water Quality and Energy Committees
and Director Jones is serving on the Groundwater Committee. Their terms will end in
December 2021.
STRATEGIC PLAN INITIATIVES:
G1 5B - Actively participate with existing water/sewer organizations on regulatory and
emerging issues; G1 5E - Take on leadership role with industry committees.
ATTACHMENTS:
1.ACWA Committee Consideration Form
Page 221 of 248
JOIN A COMMITTEE AND GET INVOLVED
ACWA has 13 standing committees that members can join
and get involved. This is a great way for members to engage
in state and local issues and influence policy and legislation.
Committees are structured to include representation from all 10
ACWA Regions, bringing together diverse voices on technical
and policy matters. Take action, join a committee!
Bringing Water Together
COMMITTEE APPOINTMENT PROCESS TIMELINE
Committee consideration forms emailed to member agency general managers and board presidents.
Incoming ACWA President appoints members of committees.
Region Chair and Vice Chair recommendation deadline.
All completed consideration forms due. Any consideration submitted after deadline will be put on a waiting list.
ACWA notifies committee members of appointments and rosters posted on acwa.com.
Region recommendations given to incoming ACWA President.
13 18
2
13
JULY SEPT NOV DEC DEC DEC
3130
2022 – 2023 TERM
Page 222 of 248
COMMITTEE COMPOSITION
Committee Description Composition Meetings Per Year Liaison
Agriculture • Makes recommendations to the Board of Directors, State Legislative Committee, Federal Affairs Committee or other committees, as appropriate, regarding agricultural issues affecting the interests of ACWA and its members.
Unlimited 4 Lauren BernadettRegulatory Advocate IIlaurenb@acwa.com
Business Development • Develops and recommends to the Board of Directors programs and activities to be provided or administered by the association that generate non-dues revenue and provide a service or benefit to association members.
Unlimited 2 Tiffany GiammonaSenior Director of Operations & Member Engagementtiffanyg@acwa.com
Communications • Develops and recommends to the Board of Directors and ACWA staff regarding communications and public affairs programs.• Promotes sound public information and education programs and practices among member agencies. • Prepares and distributes materials for use by member agencies in their local outreach efforts. • Provides input and guidance to ACWA’s Communications Department.
Limited to 40 4 Heather EngelDirector of Communicationsheathere@acwa.com
Energy • Recommends policies and programs to the Board of Directors, the State Legislative Committee and the Federal Affairs Committee as appropriate.
Unlimited 4 Nick BlairRegulatory Advocatenickn@acwa.com
Federal Affairs • Coordinates with other ACWA committees regarding input on federal issues before both Congress and the federal administrative branches.
Limited to 5 per Region 2 David ReynoldsDirector of Federal Relationsdavidr@acwa.com
Finance • Makes recommendations to the Board of Directors regarding annual budgets, investment strategies, annual audits and auditor selection, dues formula and schedule, and other financial matters.
Limited to 2 per Region (1 Region Chair/Vice Chair and 1 with financial experience)
4 – 5 Dan GumpertControllerdang@acwa.com
Groundwater • Makes recommendations to the Board of Directors on groundwater policy issues.• Monitors state and federal regulations and legislation affecting the quality and management of groundwater.• Conducts studies and gathers data on groundwater issues.• Develops policies regarding groundwater management.• Coordinates with other committees on groundwater issues.
Unlimited 4 Lauren BernadettRegulatory Advocate IIlaurenb@acwa.com
Committee members are appointed for two-year terms that begin on Jan. 1 of even-numbered years. You can learn more about ACWA’s 13 standing committees below. For more information and bylaws, visit www.acwa.com. If you have any questions, please contact Region and Member Engagement Specialist Ana Javaid at anaj@acwa.com.
Page 223 of 248
Committee Description Composition Meetings Per Year Liaison
Legal Affairs • Acts on requests for assistance on legal matters of significance to ACWA member agencies.• Reviews proposed ACWA bylaw revisions and works with staff to produce publications to assist member agencies in complying with state and federal laws.• Files amicus curiae filing on important cases, comments on proposed regulations and guidelines of state agencies such as the Fair Political Practices Commission and monitors and engages in water rights matters of interest to member agencies.
Limited to 45 2 – 3 Kris AndersonLegislative Advocate IIkrisa@acwa.com
Local Government • Makes recommendations to the Board of Directors and the State Legislative Committee on local government matters affecting water agencies, including planning issues, local government organization, and finance. • Gathers and disseminates information on the value of special districts, and shares information promoting excellence in local government service delivery.
Limited to 3 per Region 2 Julia HallSenior Legislative Advocatejuliah@acwa.com
Membership • Makes recommendations to the Board of Directors regarding membership policies, eligibility and applications for membership.• Assists staff in developing membership recruitment and retention programs and reviews and makes recommendations to the Finance Committee regarding an equitable dues structure.
Unlimited 2 Katie DahlMember Srvices Managerkatied@acwa.com
State Legislative • Reviews relevant introduced and amended legislation, and develops positions and provides recommendations to the Board of Directors on ballot measures and other major statewide policy issues.• Works with staff amendments to bills and provides direction for staff on legislative matters.
Limited to 4 per Region 10 – 12 Adam QuiñonezDirector of State Legislative Relationsadamq@acwa.com
Water Management • Makes recommendations to the Board of Directors on policy and programs related to water management. • Reviews and recommends positions on legislation and regulations as requested by other committees. • Assists in gathering and disseminating information regarding agricultural and urban water management, water conservation and water use efficiency, development and use of water resources, wastewater treatment and water recycling and reuse.
Limited to 4 per Region 4 Chelsea HainesRegulatory Relations Managerchelseah@acwa.com
Water Quality • Makes recommendations to the Board of Directors, the State Legislative Committee and the Federal Affairs Committee on policy and programs regarding water quality issues. • Promotes cost-effective state and federal water quality regulations and provides a forum for members to work together to develop and present unified comments on water quality regulations.• Develops and recommends positions and testimony on water quality regulatory issues.
Unlimited 4 Adam QuiñonezDirector of State Legislative Relationsadamq@acwa.com
TO GET INVOLVED, SUBMIT YOUR CONSIDERATION FORM NOW!Page 224 of 248
Agency Name (DO NOT use acronyms or abbreviations)Phone
Agency Address City, State & Zip
Name Title/Company*Email Address
Committee 1st Choice Committee 2nd Choice Committee 3rd Choice
Name Title/Company*Email Address
Committee 1st Choice Committee 2nd Choice Committee 3rd Choice
Name Title/Company*Email Address
Committee 1st Choice Committee 2nd Choice Committee 3rd Choice
Name Title/Company*Email Address
Committee 1st Choice Committee 2nd Choice Committee 3rd Choice
Name Title/Company*Email Address
Committee 1st Choice Committee 2nd Choice Committee 3rd Choice
Name Title/Company*Email Address
Committee 1st Choice Committee 2nd Choice Committee 3rd Choice
PLEASE PRINT LEGIBLY
BELOW PLEASE LIST ALL THOSE INTERESTED IN BEING ON ACWA COMMITTEES FOR YOUR AGENCY. FOR ADDITIONAL RECOMMENDATIONS PLEASE FILL OUT ANOTHER FORM. *If an individual is not an agency employee or director, please indicate company affiliation.
Signature (Agency/District General Manager or Board President signature required) Title Date
QUESTIONS?Contact Region and Member Engagement Specialist II Ana Javaid at anaj@acwa.com or (916) 441-4545
980 9th Street, Suite 1000 Sacramento, CA 95814 www.acwa.com
COMMITTEE CONSIDERATION FORM
Page 225 of 248
ITEM NO. 9.3.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Andrew B. Gagen, General Counsel
STAFF CONTACTS:Brett. R. Barbre, General Manager
SUBJECT:Amending the General Manager's Employment Agreement
RECOMMENDATION:
That the Board of Directors consider whether to: (1) approve the First Amendment to the
Employment Agreement for the Position of General Manager as negotiated by the District's
Designated Representative; and (2) adopt Resolution No. 2021-XX adopting the Classification
and Salary for the General Manager effective May 12, 2021, and rescinding Resolution No.
2020-05.
BACKGROUND:
Pursuant to Paragraph 7 of the Employment Agreement for the Position of General Manager
with Brett R. Barbre dated May 12, 2020 (“Agreement”), the Board of Directors may review
and evaluate the General Manager’s performance on an annual, quarterly, or other basis, or
pursuant to the District's Employee Performance Evaluation and Merit Increase Policy (Policy
No. 7010-010). The Board of Directors completed its annual review of the General Manager’s
performance in July 2021 and directed the District’s Designated Representative to negotiate
terms of the General Manager's compensation. During oral presentation of this agenda item,
and in accordance with the Brown Act, the Designated Representative will “report a summary
of a recommendation” regarding the negotiated terms for the Board to consider whether to
take final action as recommended above.
As a result of these negotiations and the Board of Directors’ positive performance evaluation
of the General Manager, and in the interest of maintaining the employment relationship, the
Board of Directors may wish to amend the Agreement as follows: (1) General Manager's
annual base salary to be increased 3% (as a cost of living adjustment) from $241,849.35 to
$249,104.83, effective May 12, 2021; and (2) to include an option for the General Manager to
use a District car instead of receiving a monthly car allowance for use of his own car.
As required in Section 3 (“Employee Compensation”) of the Agreement: “Any increase is not
effective until the Parties draft and sign an amendment to this Agreement that states the new
annual base salary and the effective date of that new salary and such amendment is adopted
by the Board at a duly noticed public meeting.”
Page 226 of 248
Additionally, in accordance with California Code of Regulations, Title 2, § 570.5 and the Public
Employee Retirement Law in Government Code § 20636, all Public Agency members’ pay
amounts are required to be paid pursuant to a publicly available pay schedule that has been
approved and adopted by the employer’s governing body. Accordingly, District staff prepared
Exhibit A, General Manager Classification and Salary, effective May 12, 2021, which defines
the amended salary for the General Manager.
Attached to this Agenda Report are copies of the First Amendment to the Agreement, and
Resolution No. 2021-XX with Exhibit A.
PRIOR RELEVANT BOARD ACTION:
On May 12, 2020, the Board of Directors approved both the Agreement for the Position of
General Manager with Brett R. Barbre and Resolution No. 2020-05, approving the
Classification and Salary for the General Manager effective May 12, 2020.
ATTACHMENTS:
1.First Amendment to GM Employment Agreement
2.Resolution No. 2021-XX - GM Salary
Page 227 of 248
1
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
FOR POSITION OF GENERAL MANAGER
This First Amendment to Employment Agreement for Position of General Manager
(“First Amendment”) is made and entered on August 10, 2021, by and between the Yorba
Linda Water District (“District”) and Brett R. Barbre (“Employee”).
RECITALS
WHEREAS, the District and Employee entered an Employment Agreement for Position
of General Manager (“Agreement”) on May 12, 2020, according to which Employee has
served, and continues to serve, as General Manager of the District.
WHEREAS, under Sections 3 and 7 of the Agreement, Employee is eligible for salary
adjustments and the Board of Directors may review and evaluate Employee's
performance on an annual, quarterly, or other basis, or pursuant to the District's
performance evaluation policy.
WHEREAS, the Board of Directors completed its annual review of Employee’s
performance in July 2021.
WHEREAS, based on the Board of Directors’ positive performance review and in the
interest of maintaining the employment relationship, the Board of Directors desire to
amend the terms of the Agreement.
WHEREAS, in accordance with Section 3 of the Agreement, any salary increase is not
effective until the District and Employee draft and sign an amendment to this Agreement
that states the new annual base salary and the effective date of that new salary and such
amendment is adopted by the Board in accordance with the Ralph M. Brown Act
(California Government Code 54950 et seq.).
AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals and mutual covenants
contained herein, and for good and valuable consideration, the adequacy of which is
hereby acknowledged, the District and Employee agree to amend the Agreement as
follows:
1.Section 3 (Employee Compensation) of the Agreement is amended to provide as
follows:
Page 228 of 248
2
Effective May 12, 2021, Employee shall receive a 3% increase of his annual base
salary as a cost of living adjustment, which will increase his salary from
$241,849.35 to $249,104.83, payable in twenty-six equal biweekly installments, for
performance of his service as General Manager under the Agreement.
2.Subsection (i) of Section 4 of the Agreement is deleted and replaced in its entirety
as follows:
i. Automobile Reimbursement or Use of a District Automobile. Employee may
elect either to use (i) Employee’s own vehicle in the performance of their
services as General Manager, including being available twenty-four (24)
hours per day when practical to respond to emergency situations for the
District; or (ii) an automobile provided by the District. Employee may not
elect both (i) and (ii). If Employee elects to use their own vehicle under (i),
then Employee shall be paid six hundred dollars ($600.00) per month,
payable in bi-weekly installments, as reimbursement for automobile
expenses. The monthly reimbursement may be adjusted at the sole
discretion of the Board.
GENERAL PROVISIONS
3.All other terms and language in the Agreement remain unchanged and in full force
and effect.
4.This Amendment may be signed in counterparts.
J. Wayne Miller, PhD Date
Board Vice President
Brett R. Barbre Date
General Manager
APPROVED AS TO FORM:
Kidman Gagen Law LLP
By:
Andrew B. Gagen
General Counsel
Page 229 of 248
Resolution No. 2021-XX Adopting the General Manager Classification and Salary 1
RESOLUTION NO. 2021-XX
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING THE GENERAL MANAGER CLASSIFICATION
AND SALARY EFFECTIVE MAY 12, 2021
AND RESCINDING RESOLUTION NO. 2020-05
WHEREAS,pursuant to California Code of Regulations, Title 2, §570.5, CalPERS
requires governing bodies of local agencies contracting with CalPERS to
approve and adopt a publicly available pay schedule in accordance with the
Ralph M. Brown Act (California Government Code 54950 et seq.); and
WHEREAS, in May 2020, the Yorba Linda Water District Board of Directors hired Brett
R. Barbre to the position of General Manager.
WHEREAS,the Board of Directors completed their annual review of the General
Manager’s performance, and thereafter directed the District’s Designated
Representative to negotiate terms of the General Manager’s compensation.
WHEREAS,the Designated Representative reported a “summary of a recommendation”
regarding the negotiated terms for the Board to consider whether to take
final action.
WHEREAS, as a result of these negotiations and the Board of Directors’ positive
performance evaluation of the General Manager, and in the interest of
maintaining the employment relationship, the Board of Directors took final
action at a Board meeting on August 10, 2021, to increase the General
Manager’s base salary by 3% as a cost of living adjustment (COLA).
WHEREAS, the Board of Directors desires to adopt the General Manager Classification
and Salary effective May 12, 2021 as set forth in Exhibit A and attached
hereto.
Page 230 of 248
Resolution No. 2021-XX Adopting the General Manager Classification and Salary 2
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
SECTION 1.The General Manager Classification and Salary as set forth in Exhibit A and
attached hereto is approved and adopted, effective May 12, 2021.
SECTION 2.That Resolution No. 2020-05 is hereby rescinded.
PASSED AND ADOPTED this 10th day of August 2021, by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Phil Hawkins, President
Yorba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed and approved as to form by General Counsel:
Andrew B. Gagen, Esq.
Kidman Gagen Law LLP
Page 231 of 248
Resolution No. 2021-XX Adopting the General Manager Classification and Salary 3
EXHIBIT A
Yorba Linda Water District
General Manager Classification and Salary
Effective May 12, 2021
CLASSIFICATION TITLE SALARY FLSA
General Manager Hourly $ 119.76 Exempt
Monthly $ 20,758.74
Yearly $ 249,104.83
Page 232 of 248
ITEM NO. 10.1.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:John DeCriscio, Operations Manager
SUBJECT:Status of Operations Activities
Staff will provide the attached presentation.
ATTACHMENTS:
1.Operations Activities for FY20-21 - Maintenance Division
Page 233 of 248
Board of Directors Regular Meeting Tuesday, August 10, 2021 1
Fiscal Year 2021 Operations Activities
Maintenance Division
Presented by:
John DeCriscio
Operations Manager
Page 234 of 248
Board of Directors Regular Meeting Tuesday, August 10, 2021 2
Safety and Emergency Response
COVID – 19 Pandemic
Staffing
•100% Staffed
•Modified Shifts
•Work Place Sanitation
Facility Safety Protocols
Page 235 of 248
Board of Directors Regular Meeting Tuesday, August 10, 2021 3
Leak Crew
Mains Repaired Services Repaired Services Replaced AMS Replaced
0
20
40
60
80
100
120
140
160
180
13
28
146
110
12
30
148 154
Leak Crew Repair Work
FY 19-20 FY 20-21
Page 236 of 248
Board of Directors Regular Meeting Tuesday, August 10, 2021 4
1 inch Service Line Replacement 8 inch Main Break
Club Terrace Ln.
Leak Repairs
Page 237 of 248
Board of Directors Regular Meeting Tuesday, August 10, 2021 5
Valve Crew
Page 238 of 248
Board of Directors Regular Meeting Tuesday, August 10, 2021 6
Valve Replacements
Pepper Hill Valve “T” Waverly Glen Valve Cross
Page 239 of 248
Board of Directors Regular Meeting Tuesday, August 10, 2021 7
Fire Hydrant Crew
Page 240 of 248
Board of Directors Regular Meeting Tuesday, August 10, 2021 8
Fire Hydrant Crew
Fire Hydrant
Installation PRV Maintenance
Page 241 of 248
Board of Directors Regular Meeting Tuesday, August 10, 2021 9
Sewer Crew
(FY 19-20)(FY 20-21)
0
10
20
30
40
50
60
70
80
90
61
81
53
66
Miles of Sewer Line Videoed
Completed Target
Page 242 of 248
Board of Directors Regular Meeting Tuesday, August 10, 2021 10
Sewer Line Installation
Page 243 of 248
Board of Directors Regular Meeting Tuesday, August 10, 2021 11
Customer Service Responses
After Hours Calls
•683 Standby Calls
Business Hours Calls
•970 Customer Calls
Page 244 of 248
Board of Directors Regular Meeting Tuesday, August 10, 2021 12
Questions?
Page 245 of 248
ITEM NO. 11.1.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT:Director's Reports
The Directors will report on their attendance at the following events:
1. OC LAFCO - July 14, 2021
2. MWDOC Water Policy Forum - July 14, 2021 (Jones/Miller)
3. YL Planning Commission - July 14, 2021 (Hawkins- As Needed)
4. WACO Planning Committee - July 20, 2021
5. SAWPA Commission - July 20, 2021
6. ACWA Region 3 Virtual Event - July 20, 2021 (Jones)
7. YL City Council - July 20, 2021 (Jones)
8. MWDOC Board - July 21, 2021 (Miller)
9. OCWA Webinar - July 21, 2021 (Hawkins/Miller)
10. OCWD Board - July 21, 2021 (DesRoches)
11. MWDOC/OCWD Joint Planning Committee - July 28, 2021 (Miller/DesRoches)
12. YL Planning Commission - July 28, 2021 (Hawkins)
13. Wells Fargo Heli-hydrant Dedication Ceremony - July 29, 2021
14. ISDOC - July 29, 2021 (Jones)
15. ISDOC Executive Committee - August 3, 2021 (Jones)
16. SAWPA Commission - August 3, 2021
17. YL City Council - August 3, 2021 (DesRoches)
18. MWDOC Board - August 4, 2021 (Miller)
19. OCWD Board - August 4, 2021 (DesRoches)
20. WACO - August 6, 2021
Page 246 of 248
ITEM NO. 13.1.
AGENDA REPORT
MEETING DATE:August 10, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT:Meetings from August 11 - September 30, 2021
ATTACHMENTS:
1.Board of Directors' Activities Calendar
Page 247 of 248
Board of Directors Activity Calendar
Event Date Time Attendees
August
OC LAFCO Wed, Aug 11 8:15 AM
GRA Aquifer Recharge Webinar Wed, Aug 11 12:00 PM Jones
YL Planning Commission Wed, Aug 11 6:30 PM Hawkins (As Needed)
WACO Planning Committee Tue, Aug 17 7:30 AM
SAWPA Commission Tue, Aug 17 9:30 AM
YL City Council Tue, Aug 17 6:30 PM Lindsey
MWDOC Board Wed, Aug 18 8:30 AM Miller
OCWA Webinar Wed, Aug 18 11:30 AM
OCWD Board Wed, Aug 18 5:30 PM DesRoches
ACWA Region 5 Virtual Event Thu, Aug 19 10:00 AM Jones
YLWD/City of Yorba Linda Joint Agency Committee Mon, Aug 23 10:30 AM Miller/Lindsey
Board Workshop - Tentative Tue, Aug 24 8:30 AM
OCSD Board Wed, Aug 25 6:00 PM Jones
YL Planning Commission Wed, Aug 25 6:30 PM Hawkins (As Needed)
September
MWDOC Board Wed, Sep 1 8:30 AM Miller
OCWD Board Wed, Sep 1 5:30 PM DesRoches
ISDOC Executive Committee Tue, Sep 7 7:30 AM
SAWPA Commission Tue, Sep 7 9:30 AM
YL City Council Tue, Sep 7 6:30 PM Hawkins
The Urban Water Institute Annual Conference Wed, Sep 8 8:00 AM Director Jones
OC LAFCO Wed, Sep 8 8:15 AM
The Urban Water Institute Annual Conference Thu, Sep 9 8:00 AM Director Jones
WACO Fri, Sep 10 7:30 AM
Board Meeting Tue, Sep 14 6:30 PM
MWDOC Board Wed, Sep 15 8:30 AM Miller
OCWA Webinar Wed, Sep 15 11:30 AM
OCWD Board Wed, Sep 15 5:30 PM DesRoches
YL Planning Commission Wed, Sep 15 6:30 PM Hawkins (As Needed)
WACO Planning Committee Tue, Sep 21 7:30 AM
SAWPA Commission Tue, Sep 21 9:30 AM
YL City Council Tue, Sep 21 6:30 PM Miller
ACWA Region 8 Virtual Event Wed, Sep 22 10:00 AM Jones
OCSD Board Wed, Sep 22 6:00 PM Jones
Board Workshop - Tentative Tue, Sep 28 8:30 AM
YL Planning Commission Wed, Sep 29 6:30 PM Hawkins (As Needed)
As of August 2, 2021
Page 248 of 248
BACKUP MATERIALS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING
Board of Directors Regular Meeting Tuesday, August 10, 2021 110.2. Construction of PFAS Removal Groundwater Treatment PlantPresented by: Rosanne WestonEngineering ManagerITEM NO. 10.2.
Board of Directors Regular Meeting Tuesday, August 10, 2021 2August PFAS WTP Construction ScheduleDescriptionStatusPipe Racks for Above Ground PipesAugust 9 - 2736-inch PipeAugust 9-27Below Ground 30-inch Steel PipeAugust 9-27Booster Pump Station Building Block WallAugust 9-27New Gas LineAugust 16-20Pipe from Vessel Trains to Discharge PipeAugust 16-27Inlet Pre-filter PipelinesAugust 16-27Chlorination System ComponentsAugust 23-27Substantial CompletionMid October 2021Project CompletionEnd of November 2021ITEM NO. 10.2.
11.2. General Manager’s ReportBoard of Directors Regular Meeting Tuesday, August 10, 2021 1ITEM NO. 11.2.
ITEM 1: Delinquent Water BillsBoard of Directors Regular Meeting Tuesday, August 10, 2021 2ITEM NO. 11.2.
ITEM NO. 11.2.
• • -
[PaymentDueResidential Commercial Total Past Due # Customers
November 2020 $6,582.33 ----- $6,582.33 66 RE%" -----
December 2020 $3,946.74 ----- $3,946.74 35 RES -----
January 2021 $8,620.92 $146.53 $8,767.45 76 RES 1 COMM
February 2021 $5,832.37 $169.79 $6,002.16 60 RES 1 COMM
March 2021 $6,601.52 $176.11 $6,777.63 72 RES 1 COMM
April 2021 $5,387.01 ----- $5,387.01 60 RES -----
May 2021 $17,408.60 $5,234.26 $22,642.86 168 RES 6 COMM
June 2021 $12,405.77 $1,545.27 $13,951.04 127 RES 5 COMM
July 2021 $68,750.28 $14,587.88 $83,338.16 604 RES 15 COMM
r. August 2021 $96,119.35 $12,136.07 $108,255.42 923 RES 20 COMM
Outstanding Balances uy �,, _
Current Total Outstanding Bill Amounts - $282,156.93 or 2,392 customers
r
Current Total Residential - $248,161.02 or 2,343 residential customer
Current Total Commercial - $33,995.91 or 49 commercial customers
All data as of August 10, 2021
Yorba Linda 9
Water Dist ir I CjL.�
w x �.
Board of Directors Regular Meeting Tuesday, August 10, 2021 "`"
$221,871.06 $224,512.15 $230,827.41 $226,412.95 $223,231.98 $238,489.61 $232,800.91 $248,161.02 +1%+3%‐2%‐1%+7%‐2%+7%$205K$210K$215K$220K$225K$230K$235K$240K$245K$250K$255KFeb. 9 Feb. 23 March 9 April 13 May 11 June 22 July 13 August 10Total Residential Delinquent BillsBoard of Directors Regular Meeting Tuesday, August 10, 2021 4ITEM NO. 11.2.
$42,222.12 $47,099.20 $35,012.23 $22,149.01 $15,951.88 $37,331.28 $32,997.93 $33,995.91 +12%‐26%‐37%‐28%+134%‐12%+3%$0K$5K$10K$15K$20K$25K$30K$35K$40K$45K$50KFeb. 9 Feb. 23 March 9 April 13 May 11 June 22 July 13 August 10Total Commercial Delinquent BillsBoard of Directors Regular Meeting Tuesday, August 10, 2021 5ITEM NO. 11.2.
$264,718.66 $271,611.35 $265,839.64 $248,561.96 $239,183.86 $275,820.89 $265,798.84 $282,156.93 +3%‐2%‐6%‐4%+15%‐4%+6%$210K$220K$230K$240K$250K$260K$270K$280K$290KFeb. 9 Feb. 23 March 9 April 13 May 11 June 22 July 13 August 10Total Outstanding Delinquent BillsBoard of Directors Regular Meeting Tuesday, August 10, 2021 6ITEM NO. 11.2.
Current Delinquent & Late PaymentsCurrent Delinquent & Late PaymentsDate Residential Commercial TotalJuly 13, 2021 $232,800.91 $32,997.93 $265,798.84August 10, 2021 $248,161.02 $33,995.91 $282,156.93Difference$15,360.11 (6.6%) $997.98 (3.02%) $16,358.09 (6.15%)Date Residential Commercial Total July 13, 2021 2,169642,233August 10, 2021 2,343492,392Difference+174 (8.02%) -15 (-23.44%) +159 (7.12%)Board of Directors Regular Meeting Tuesday, August 10, 2021 7ITEM NO. 11.2.
Historic Payments in 27 DaysHistoric Payments in 27 DaysApril 2021 Cycle 1 7,98191.3%April 2021 Cycle 2 5,64391.6%April 2021 Cycle 3 5,90291.4%April 2021 Cycle 4 5,73792%April 2021 Month 25,26391.6%May 2021 Cycle 1 7,98994.1%May 2021 Cycle 2 5,63192%May 2021 Cycle 3 5,89692%May 2021 Cycle 4 5,74292.8%May 2021 Month 25,25892.9%Board of Directors Regular Meeting Tuesday, August 10, 2021 8ITEM NO. 11.2.
Historic Payments in 27 DaysHistoric Payments in 27 DaysJuly 2021 Cycle 1 7,99891.0%July 2021 Cycle 2 5,63092.2%July 2021Cycle 3 5,896PendingJuly 2021Cycle 4 5,750PendingJuly 2021 Month 25,274PendingJune 2021 Cycle 1 7,99292.8%June 2021 Cycle 2 5,63491.8%June 2021Cycle 3 5,90295.5%June 2021Cycle 4 5,73593.2%June 2021 Month 25,263PendingBoard of Directors Regular Meeting Tuesday, August 10, 2021 9ITEM NO. 11.2.
ITEM 2: Soft Collection CallsBoard of Directors Regular Meeting Tuesday, August 10, 2021 10ITEM NO. 11.2.
Soft Collection CallsStarted with 4 or more COMMNow calling 3 or more RES and COMM Made 4,665callsCollected 3,081or 66%of callsTotal Collected -$860,019.54Total added to Auto Pay -271Board of Directors Regular Meeting Tuesday, August 10, 2021 11ITEM NO. 11.2.
1 -RES 1 -COMM 2 –RES2 –COMM 3 -RES 3 -COMM 4 -RES 4 -COMM 5 –RES 5 -COMM923 39 320 16 69 1 27 1 36 0Total 1962Total 2336Total 370Total 428Total 536Current Past DueBoard of Directors Regular Meeting Tuesday, August 10, 2021 12ITEM NO. 11.2.
Questions?Board of Directors Regular Meeting Tuesday, August 10, 2021 13ITEM NO. 11.2.