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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 Page 1 of 248 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. Page 2 of 248 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 Page 3 of 248 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)) Page 4 of 248 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 Page 5 of 248 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 Page 6 of 248 2 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 Page 7 of 248 3 • 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. Page 8 of 248 4 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. Page 9 of 248 5 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. Page 10 of 248 6 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. Page 11 of 248 7 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. Page 12 of 248 8 • $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.” Page 13 of 248 9 • 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 Page 1/7 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 Page 2/7 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 Page 3/7 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 Page 5/7 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 Page 6/7 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 Page 7/7 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 2021-XXX 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 Minutes of the YLWD Board of Directors Regular Meeting Held June 22, 2021 at 6:30 p.m. 3 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 Minutes of the YLWD Board of Directors Regular Meeting Held June 22, 2021 at 6:30 p.m. 4 2021-XXX 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 Minutes of the YLWD Board of Directors Regular Meeting Held June 22, 2021 at 6:30 p.m. 6 2021-XXX 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 Minutes of the YLWD Board of Directors Regular Meeting Held June 22, 2021 at 6:30 p.m. 7 2021-XXX 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 Minutes of the YLWD Board of Directors Regular Meeting Held June 22, 2021 at 6:30 p.m. 8 2021-XXX 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 Minutes of the YLWD Board of Directors Special Meeting Held July 13, 2021 at 5:30 p.m. 2 2021-XXX 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 Minutes of the YLWD Board of Directors Regular Meeting Held July 13, 2021 at 6:30 p.m. 3 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 Minutes of the YLWD Board of Directors Regular Meeting Held July 13, 2021 at 6:30 p.m. 4 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 Minutes of the YLWD Board of Directors Regular Meeting Held July 13, 2021 at 6:30 p.m. 5 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 Minutes of the YLWD Board of Directors Regular Meeting Held July 13, 2021 at 6:30 p.m. 6 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&LTD- 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. Page 95 of 248 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 Page 96 of 248 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 Page 97 of 248 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 Page 98 of 248 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. Page 99 of 248 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 Page 100 of 248 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. Page 101 of 248 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. Page 102 of 248 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 Page 103 of 248 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 Page 104 of 248 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. Page 105 of 248 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 Page 106 of 248 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. Page 107 of 248 MEMORANDUM OF UNDERSTANDING BETWEEN YORBA LINDA WATER DISTRICT AND YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION JULY 1, 2018 THROUGH JUNE 30, 2023 Page 108 of 248 YLWDEA i 2018-2023 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 Page 109 of 248 YLWDEA ii 2018-2023 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 Page 110 of 248 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 Page 111 of 248 YLWDEA 2 2018-2023 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. Page 112 of 248 YLWDEA 3 2018-2023 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. Page 113 of 248 YLWDEA 4 2018-2023 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. Page 114 of 248 YLWDEA 5 2018-2023 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. Page 115 of 248 YLWDEA 6 2018-2023 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 Page 116 of 248 YLWDEA 7 2018-2023 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. Page 117 of 248 YLWDEA 8 2018-2023 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 Page 118 of 248 YLWDEA 9 2018-2023 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. Page 119 of 248 YLWDEA 10 2018-2023 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 Page 120 of 248 YLWDEA 11 2018-2023 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. Page 121 of 248 YLWDEA 12 2018-2023 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. Page 122 of 248 YLWDEA 13 2018-2023 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. Page 123 of 248 YLWDEA 14 2018-2023 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. Page 124 of 248 YLWDEA 15 2018-2023 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. Page 125 of 248 YLWDEA 16 2018-2023 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. Page 126 of 248 YLWDEA 17 2018-2023 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 Page 127 of 248 YLWDEA 18 2018-2023 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 Page 128 of 248 YLWDEA 19 2018-2023 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 Page 129 of 248 YLWDEA 20 2018-2023 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 Page 130 of 248 YLWDEA 21 2018-2023 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: Page 131 of 248 YLWDEA 22 2018-2023 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. Page 132 of 248 YLWDEA 23 2018-2023 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- Page 133 of 248 YLWDEA 24 2018-2023 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 Page 134 of 248 YLWDEA 25 2018-2023 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. Page 135 of 248 YLWDEA 26 2018-2023 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 Page 136 of 248 YLWDEA 27 2018-2023 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 Page 137 of 248 YLWDEA 28 2018-2023 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. Page 138 of 248 YLWDEA 29 2018-2023 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, Page 139 of 248 YLWDEA 30 2018-2023 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. Page 140 of 248 YLWDEA 31 2018-2023 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. Page 141 of 248 YLWDEA 32 2018-2023 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 Page 142 of 248 YLWDEA 33 2018-2023 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 Page 143 of 248 YLWDEA 34 2018-2023 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. Page 144 of 248 YLWDEA 35 2018-2023 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 Page 145 of 248 YLWDEA 36 2018-2023 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. Page 146 of 248 YLWDEA 37 2018-2023 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 Page 147 of 248 YLWDEA 38 2018-2023 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. Page 148 of 248 YLWDEA 39 2018-2023 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. Page 149 of 248 YLWDEA 40 2018-2023 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. Page 150 of 248 YLWDEA 41 2018-2023 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. Page 151 of 248 YLWDEA 42 2018-2023 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. Page 152 of 248 YLWDEA 43 2018-2023 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 Page 153 of 248 YLWDEA 44 2018-2023 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 Page 154 of 248 YLWDEA 45 2018-2023 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 Page 155 of 248 YLWDEA 46 2018-2023 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 156 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 10May 11, 2021 Page 157 of 248 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: Page 158 of 248 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 Page 159 of 248 MEMORANDUM OF UNDERSTANDING BETWEEN YORBA LINDA WATER DISTRICT AND YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION JULY 1, 2018 THROUGH JUNE 30, 2023 Page 160 of 248 YLWDEA i 2018-2023 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 Page 161 of 248 YLWDEA ii 2018-2023 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 Page 162 of 248 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 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 Page 163 of 248 YLWDEA 2 2018-2023 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. Page 164 of 248 YLWDEA 3 2018-2023 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. Page 165 of 248 YLWDEA 4 2018-2023 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. Page 166 of 248 YLWDEA 5 2018-2023 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. Page 167 of 248 YLWDEA 6 2018-2023 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 Page 168 of 248 YLWDEA 7 2018-2023 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. Page 169 of 248 YLWDEA 8 2018-2023 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. Page 170 of 248 YLWDEA 9 2018-2023 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 Page 171 of 248 YLWDEA 10 2018-2023 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. Page 172 of 248 YLWDEA 11 2018-2023 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. Page 173 of 248 YLWDEA 12 2018-2023 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. Page 174 of 248 YLWDEA 13 2018-2023 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. Page 175 of 248 YLWDEA 14 2018-2023 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. Page 176 of 248 YLWDEA 15 2018-2023 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. Page 177 of 248 YLWDEA 16 2018-2023 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. Page 178 of 248 YLWDEA 17 2018-2023 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. Page 179 of 248 YLWDEA 18 2018-2023 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 Page 180 of 248 YLWDEA 19 2018-2023 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, Page 181 of 248 YLWDEA 20 2018-2023 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 Page 182 of 248 YLWDEA 21 2018-2023 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: Page 183 of 248 YLWDEA 22 2018-2023 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. Page 184 of 248 YLWDEA 23 2018-2023 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 - Page 185 of 248 YLWDEA 24 2018-2023 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 Page 186 of 248 YLWDEA 25 2018-2023 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 Page 187 of 248 YLWDEA 26 2018-2023 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 Page 188 of 248 YLWDEA 27 2018-2023 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 Page 189 of 248 YLWDEA 28 2018-2023 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. Page 190 of 248 YLWDEA 29 2018-2023 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 , Page 191 of 248 YLWDEA 30 2018-2023 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: Page 192 of 248 YLWDEA 31 2018-2023 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 Page 193 of 248 YLWDEA 32 2018-2023 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 Page 194 of 248 YLWDEA 33 2018-2023 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. Page 195 of 248 YLWDEA 34 2018-2023 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 Page 196 of 248 YLWDEA 35 2018-2023 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. Page 197 of 248 YLWDEA 36 2018-2023 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. Page 198 of 248 YLWDEA 37 2018-2023 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. Page 199 of 248 YLWDEA 38 2018-2023 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 YLWDEA 39 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 Page 201 of 248 YLWDEA 40 2018-2023 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. Page 202 of 248 YLWDEA 41 2018-2023 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 YLWDEA 42 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. Page 204 of 248 YLWDEA 43 2018-2023 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 Page 205 of 248 YLWDEA 44 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.