HomeMy WebLinkAbout2021-11-17 - Board of Directors Meeting Agenda Packet (B)AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Wednesday, November 17, 2021, 6:30 PM
1717 E Miraloma Ave, Placentia CA 92870
1.PARTICIPATION INSTRUCTIONS
Due to the continuing state of emergency declared by the California Governor related to preventing the
spread of Coronavirus (COVID-19), and pursuant to California Government Code Section 54953(e), this
meeting will be facilitated in a hybrid format. As such, Directors and members of the public may choose
to participate in person or by video/teleconference. Information for accessing this meeting by telephone
or internet-based service is provided below. For questions regarding participation, please call the Board
Secretary at (714) 701-3020.
Computer/Mobile Device: https://us06web.zoom.us/j/84543009177
Telephone: (669) 900-6833 or (346) 248-7799
Meeting ID: 845 4300 9177
Live-stream: https://www.ylwd.com/youtube
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
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
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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 October
13, 2021
Recommendation: That the Board of Directors approve the minutes as
presented.
8.2.Minutes of the Board of Directors Special Meeting Held October 21, 2021
Recommendation: That the Board of Directors approve the minutes as
presented.
8.3.Minutes of the Board of Directors Special Meeting Held November 5, 2021
Recommendation: That the Board of Directors approve the minutes as
presented.
8.4.Re-Authorizing Continuation of Virtual/Teleconference Board Meetings
Recommendation: That the Board of Directors adopt Resolution No. 2021-XX
finding and determining that: (1) a state of emergency related to COVID-19
continues to be in effect; (2) state and local officials continue to recommend
measures to promote social distancing in connection with COVID-19; (3) due to
the COVID-19 emergency, meeting in person would present imminent risks to
the health and safety of attendees; and (4) continued remote meetings are
hereby re-authorized for the period of November 17, 2021, through December
17, 2021, pursuant to California Government Code Section 54953(e).
8.5.Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $4,560,237.65.
8.6.Budget to Actual Reports for the Month Ending September 30, 2021
Recommendation: That the Board of Directors receive and file the Budget to
Actual Reports for the Month Ending September 30, 2021.
8.7.Cash and Investment Report for the Period Ending September 30, 2021
Recommendation: That the Board of Directors receive and file the Cash and
Investment Report for the Period Ending September 30, 2021.
8.8.Unaudited Financial Statements for the First Quarter of FY 2021-22
Recommendation: That the Board of Directors receive and file the Unaudited
Financial Statements for the First Quarter of Fiscal Year 2021-22.
8.9.Directors' and General Manager Fees and Expenses Report for the First
Quarter of Fiscal Year 2021-22
Recommendation: That the Board of Directors receive and file the Directors'
and General Manager Fees and Expenses Report for the First Quarter of Fiscal
Year 2021-22.
8.10.Fiscal Year 2021-22 Capital Improvement Plan (CIP) Status Report for the
Period Ending September 30, 2021
Recommendation: That the Board of Directors receive and file the Fiscal Year
2021-22 Capital Improvement Plan (CIP) Status Report for the Period Ending
September 30, 2021.
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8.11.PFAS Water Treatment Plant Project Backup Generator for Headquarters and
Budget Contingency Reserve
Recommendation: That the Board of Directors receive and file notification of the
District's use of the PFAS Water Treatment Plant Project budget contingency
reserve to include electrical system improvements related to the backup
generator for District Headquarters.
8.12.Declaration of Restrictive Covenants with Daniel Sangwon Oh and Christina
Seun Oh
Recommendation: That the Board of Directors authorize the President and
General Manager to execute a Declaration of Restrictive Covenants with Daniel
Sangwon Oh and Christina Seun Oh of 18449 Tytris Way, Yorba Linda.
8.13.Declaration of Restrictive Covenants with Carlos E. Serna and Saskia V. Serna
Recommendation: That the Board of Directors authorize the President and
General Manager to execute the Declaration of Restrictive Covenants with
Carlos E. Serna and Saskia V. Serna of 4720 Avenida De Las Estrellas, Yorba
Linda.
8.14.Declarations of Restrictive Covenants with Anthony Barber
Recommendation: That the Board of Directors authorize the President and
General Manager to execute two Declarations of Restrictive Covenants with
Anthony Barber of 17966 Anna Marie Road, Yorba Linda.
8.15.Memorandum of Understanding with the County of Orange for use of Mass
Notification System (AlertOC)
Recommendation: That the Board of Directors authorize the General Manager
to execute and manage a Memorandum of Understanding with the County of
Orange to allow their use of the County's Countywide Mass Notification System
under the terms and conditions of the County's Countywide Notification System
Operating Guidelines and vendor-provided agreements, commencing on July 1,
2021, through December 30, 2024.
8.16.Purchase of Sound Attenuated Trailer Mounted 4" Pump Package
Recommendation: That the Board of Directors authorize the General Manager
to utilize funds from the Sewer Capital Reserve to purchase a Sound Attenuated
Trailer Mounted 4" Pump Package from Charles King Company (lowest bidder)
for $74,213.00.
8.17.Ratification of Emergency Expenditure for Well 22 Energy Dissipator Project
Recommendation: That the Board of Directors make a finding based on
evidence presented by staff that the General Manager's expenditure for
construction of the Well 22 Energy Dissipator Project was necessary and
constituted an emergency as set forth in Section 10.0 of the District's
Purchasing Policy.
8.18.Adjustments to Employee Benefits Program
Recommendation: That the Board of Directors approve adjustments to the
employee benefits program for dental and vision care, and life insurance.
9.ACTION CALENDAR
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This portion of the agenda is for items where staff presentations and Board or Committee discussions
are needed prior to formal action.
9.1.Support of Water Infrastructure Funding Act of 2022
Recommendation: That the Board of Directors adopt Resolution No. 2021-XX
Supporting the Water Infrastructure Funding Act of 2022.
9.2.Election for Association of California Water Agencies (ACWA) President and
Vice President for 2022-2023 Term
Recommendation: That the Board of Directors appoint Director Jones as the
voting delegate, and President Hawkins as the alternate voting delegate, to cast
the District's ballot for ACWA President and Vice President during the Fall
Conference on Wednesday, December 1, 2021.
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.Draft Legislative Platform
10.2.Status of Engineering Activities and PFAS Water 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) - Minutes of the meeting held Monday, November 8, 2021, at
4:00 p.m. will be provided when available. Next meeting is scheduled for
Monday, January 31, 2022, at 4:00 p.m.
12.3.Joint Agency Committee with City of Placentia
(Miller/Lindsey) - Next meeting will be scheduled when needed.
13.BOARD OF DIRECTORS ACTIVITY CALENDAR
13.1.Meetings from November 18 - December 31, 2021
14.ADJOURNMENT
14.1.The next regular Board meeting is scheduled Tuesday, December 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
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Non-exempt materials related to open session agenda items that are distributed to a majority of the Board of
Directors (or Committee Members) less than seventy-two (72) hours prior to the meeting will be available for
public inspection in the lobby of the District’s Administrative building located at 1717 E Miraloma Ave, Placentia
CA 92870 during regular business hours. When practical, these materials will also be posted on the District’s
website at https://ylwd.com/. (GC 54957.5)
Accommodations for the Disabled
Requests for disability-related modifications or accommodations, including auxiliary aids or services, required for
participation in the above posted meeting should be directed to the Board Secretary at (714) 701-3020 at least 24
hours in advance. (GC 54954.2(a))
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ITEM NO. 6.2.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Alison Martin, Public Affairs Manager
SUBJECT:Federal and State Legislative Update
Attached are the monthly legislative reports from Townsend Public Affairs.
ATTACHMENTS:
1.Monthly Report
2.Bill Positions Matrix
3.Legislative Matrix
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State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383
Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215
Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • (949) 399-9050 • Fax (949) 476-8215
Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555
Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030
M E M O R A N D U M
To: Yorba Linda Water District
From: Townsend Public Affairs
Date: November 9, 2021
Subject: State and Federal Legislative Monthly Report
State Legislative Update
October 10 marked the action deadline for the Governor to either sign or veto bills passed by the
Legislature. This year, there were 836 bills that reached the Governor’s Desk out of 2,421 bills
introduced (Senate—828; Assembly—1,593). In finalizing his actions on legislation on October 9,
the Governor signed 770 bills, or 92 percent, and vetoed 66 bills, or 7.9 percent. This means that
34.5 percent of the bills introduced made it to the Governor’s Desk; 32 percent of the bills
introduced got signed into law; and 2.7 percent of the bills introduced got vetoed.
To put this into context, the 2021 session produced nearly twice as many bills passed by the
Legislature than in 2020, which featured a total of only 428 bills passed by the Legislature due to
the onset of the COVID-19 pandemic – the lowest approved by the Legislature in over 50 years.
Despite the 2021 session’s higher passed bill count, the 836-bill total is lower than in previous
years. This can be attributed to the 12-measure per legislator cap imposed by Assembly and
Senate leadership to ensure focus was directed to critical COVID-19 mitigation and recovery
legislation.
Much of the legislation signed by the Governor was packaged with other similar measures to
address economic recovery, the housing crisis, and extreme weather events, including drought
and wildfires. For instance, the Newsom Administration has been focused on the implementation
of the California Comeback Plan through significant budget allocations to both accelerate the
State’s recovery from the pandemic and tacking persistent challenges. Part of the $100 billion
plan has included over $20 billion in housing and homelessness investments, with the goal of
producing 84,000 homes. Other investments include a climate resiliency package and stimulus
payments to the State’s vulnerable residents.
Given the massive impacts the coronavirus pandemic had upon the legislative proceedings during
the 2020 session, legislators were focused this year on streamlining the passage of COVID-19
recovery legislation, as well as legislation that was paused last year due to the immediate need
for emergency measures, such as land use and public safety reform.
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Ultimately, the 2021 legislative session will be remembered for its passage of one of the most
significant housing and land use reform and policing reform packages, as well as a long, drawn-
out budget process, which featured a record amount of funding reserves and federal relief funds.
Looking Ahead to the 2022 Legislative Session
2022 marks the second year of the 2021-22 Legislative Session, wherein lawmakers will return
from recess on January 3, 2022. Following their return, the month of January will feature
numerous deadlines which include the statutory deadline for the Governor to submit his
preliminary budget, and the last day for each house to pass bills introduced in that house during
the 2021 session, meaning that many 2-year bills will have their fate determined within the first
month back.
It is anticipated that when the Legislature returns to session, the political make-up of the Senate
and Assembly will be similar to that of this year’s Legislature; that Democrats will hold strong
super-majorities in both the Senate and the Assembly. Despite the similar political makeup of the
upcoming session to previous sessions, there are some notable changes that will occur within the
internal leadership of both houses. For instance, former Assembly Member David Chiu’s
appointment to the San Francisco City Attorney position means that there will be a new Assembly
Housing and Community Development Chair – a significant role as the State continues to grapple
with the housing crisis. Moreover, 2022 will bring other major changes, which include new
congressional, and state Assembly and Senate districts as part of the once every decade
redistricting process, as well as the upcoming November Gubernatorial Election, which is bound
to drum up a number of new Democratic and Republican candidates.
With regard to 2022 hot policy issue areas, transportation funding and outstanding budget issues,
wildfire prevention and climate resiliency, the homelessness crisis, and COVID-19 economic
recovery will take center stage. As mentioned, while issues like housing production will continue
to be a priority issue area, it is likely that the focus will be shifted away from the enactment of new
housing laws, and onto the enforcement of existing laws. In a similar vein, it is also unlikely that
the Legislature will pursue other major policing reform measures, given that a significant reform
package was enacted this year.
In 2022, the Legislature will have had ample time to adjust their protocols to allow for the normal
amount of legislative activity, committee hearings, and floor votes. As such, there will likely be an
increase in the number of bills considered in all policy areas. So while the 2022 legislative session
may again require focus on issues related to the state budget, COVID-19 recovery,
homelessness, and wildfires, there will likely be a steady flow of introduced legislation.
Legislature to Temporarily Relocate
In addition to the anticipated differences between the 2022 upcoming session and the prior
COVID-19 impacted sessions, 2022 will feature a major change as the Legislature plans to
temporarily relocate. This month, the Department of General Services (DGS) released building
plans for the Legislature’s temporary office location, dubbed the “Swing Space.” The building will
temporarily house approximately 1,250 legislative and executive elected officials and staff from
the Capitol Annex until the new Annex project is completed. Elected officials and staff are
scheduled to move before the start of the 2022 Legislative Session, which begins January 3. All
10 floors of the project will feature committee hearing rooms, offices, and mingling spaces for
lobbyists and the public. Both the Assembly and Senate Chambers will remain isolated from the
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Annex remodeling process, so floor session is expected to resume within the Capitol chambers,
meaning legislators are likely to shuffle back and forth from the new Swing Space when session
kicks off. The building will be located within a 5-minute walking distance from the Capitol building.
A timeline for the Capitol Annex remodel completion has not been released.
2022 State Budget Expectations
Governor Newsom announced this month that his administration anticipates another budget
windfall as they prepare for the January release of the 2022-23 preliminary budget. This comes
after 2021’s impressive $262 billion spending budget, accompanied by a projected $75 billion
surplus. In addition to the record-breaking surplus, the State received $27 billion in federal relief
funds in response to the pandemic. Moreover, the Governor stated that the State collected $14
billion more in tax revenue than expected for the current budget year. Looking forward, although
budget details have yet to be released, the Governor has stated he plans to pay down the States
$11.3 billion in pension obligations.
Cal-OSHA Releases Draft Temporary and Permanent COVID-19 Standards
This month, California’s Division of Occupational Safety and Health (Cal/OSHA) published the
text of proposed revisions to its COVID-19 Workplace Emergency Temporary Standards (ETS).
It is anticipated that the revised ETS will be considered for adoption at the December 2021
Occupational Safety & Health Standards Board meeting. Current guidance from Cal/OSHA is that,
if adopted, the revised ETS would be effective from January 14, 2022 - April 14, 2022. A
permanent standard is anticipated after that time. The revised ETS will make some significant
changes to the current standards, with some of the most significant relating to social distancing
and testing requirements, even for vaccinated individuals in response to “break-through” cases.
Revised ETS standards could include:
• Requiring employers to make testing available to all employees at no cost (meaning there
is no longer an exception for vaccinated employees),
• Removing a prior exclusion from the workplace exception for fully vaccinated employees
when there is a COVID case at the workplace, and adding masking and social distancing
requirements, and requiring the employer to provide information about CDPH
recommended precautions,
• Lengthening the exclusion period from work for employees exposed to or sick with COVID,
• Removing an exception that reduced workplace exclusion for essential, short, staffed
workers; and
• Adding additional workplace ventilation requirements.
Some employers have raised concerns over increased employer-paid testing for exposed,
vaccinated individuals, due to increases in testing costs, decreases in testing availability, and loss
of employee productivity. Cal/OSHA’s ETS concerning COVID-19 is expected to evolve as
Californians return to work in greater numbers during the pandemic.
Federal Legislative Update
The month of October saw a steady stream of high-stakes negotiations regarding President Joe
Biden’s framework for his economic agenda plan, the Build Back Better Act and the Infrastructure
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Investment and Jobs Act. While Congress did avert a government shutdown by passing a nine-
week continuing resolution to December 3, the debate on infrastructure and the debt limit has
continued into October. Both chambers have sent top appropriators to meet on top-line
government funding bills to outline figures for a FY 2022 deal before the upcoming December 3rd
deadline. Republicans say there are two main hold-ups in spending talks: the lack of a deal on
basic defense and nondefense funding figures, and Democrats’ focus on the Build Back Better
Act. But even after those two major obstacles are cleared, lawmakers are in for tough negotiations
on abortion policy, border funds, and climate measures.
Bipartisan Infrastructure Bill – H.R. 3684, the Infrastructure Investment and Jobs Act
On Friday, November 5 the House of Representatives voted 228-206 to approve the bipartisan
Infrastructure Investment and Jobs Act (H.R. 3684). The bill, which passed the Senate in August
now heads to the President’s desk for his signature. The bill is poised to inject $550 billion in new
spending on the nation’s infrastructure.
House passage came after days of last-minute negotiations and delays resulting from friction
between progressive and moderate Democrats. The progressives abandoned attempts to secure
guarantees from the Senate on what they could pass in the larger tax and spending plan, which
will rely solely on Democratic votes.
Water provisions included in the Infrastructure Investment and Jobs Act are the following:
Drinking Water State Revolving Funds
The bill authorizes $14.7 billion from fiscal year 2022 through 2026 for the Environmental
Protection Agency’s Drinking Water State Revolving Fund program, which provides
capitalization grants to states for loans supporting water infrastructure projects.
The measure requires 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 permanently extends 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 extends an EPA grant program to support replacement of lead water lines by five years,
through fiscal 2026, and increases the annual authorization to $100 million, from $60 million.
The measure authorizes $200 million over five years to address lead contamination in school
drinking water, including through testing and remediation.
Small and Disadvantaged Communities
The bill extends the authorization for compliance assistance grants to public water systems in
small and disadvantaged communities through fiscal 2026. The bill authorizes $70 million in
fiscal 2022, increasing to $140 million by fiscal 2026.
The measure authorizes $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
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The measure authorizes $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 is
authorized for larger systems for infrastructure resilience and sustainability. Half the funds go to
systems serving populations from 10,000 to 100,000, and half go to systems serving 100,000 or
more.
Clean Water State Revolving Funds
The measure authorizes $14.7 billion from fiscal year 2022 through 2026 for the EPA’s Clean
Water State Revolving Funds program, which provides capitalization grants to states for loans
supporting water quality improvement projects, through fiscal year 2026.
Under the bill, states have to use at least 10% and as much as 30% of the capitalization grants
for “additional subsidization,” such as loan forgiveness. The minimum applies only if there are
sufficient applications for assistance.
Water Infrastructure Finance and Innovation Act (WIFIA)
The bill extends the annual $50 million authorization for the Water Infrastructure Finance
and Innovation Act (WIFIA) loan program through fiscal year 2026.
The bill also reduces to one, from two, the number of opinion letters from credit rating agencies
required in each application for funding.
Sewer Overflows
The bill authorizes $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 must 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 authorizes $75 million per year through fiscal year 2026 for research grants to address
water pollution and training at water treatment works. At least $50 million per year is for grants
to nonprofits supporting small, rural, and tribal water treatment operations.
Emergency Appropriations
The measure also provides $55.4 billion in supplemental emergency appropriations for EPA
state and tribal assistance grants, including 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 provides $8.3 billion for the Bureau of Reclamation’s water and related resources
activities, including:
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• $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.
Fiscal Year 2022 Appropriations
In mid-October, the Senate released text for their remaining appropriation bills. The House and
Senate will now start to reconcile differences between the two chambers. With a December 3
government funding deadline looming, Congressional leaders are charting the path forward to
strike a necessary bipartisan funding agreement. House Majority Leader Steny Hoyer told
Democratic lawmakers he wants differences between House and Senate fiscal 2022
appropriations bills to be reconciled by November 19. It’s an ambitious goal, but Appropriations
Committee leaders met on October 27 to talked about their goals. They are trying to get an
agreement on an omnibus spending bill and have clearly stated that they do not want to resort to
a year-long continuing resolution (CR). A CR would extend current funding levels and not include
any of the earmarks included in the House and Senate versions of the twelve appropriations bills.
Budget Reconciliation Package – the Build Back Better Act
What started as a proposed $3.5 trillion dollar package met the harsh reality of congressional
dealmaking when President Biden announced a new $1.75 trillion framework to guide his Build
Back Better agenda through Congress. Many of the provisions were included in the draft bills
presented by several House of Representatives committees in early September. However, there
are also some new provisions, mostly on the revenue side of the bill.
Topline items included in this new framework are the following:
• Universal Preschool for all 3- and 4-year-olds.
• Affordable childcare.
• Affordable home care for older people and people with disabilities.
• A one-year extension of the current expanded child tax credit. Refundability of the CTC is
made permanent.
• $320 billion in clean energy tax credits.
• $105 billion in resilience investments for wildfires, drought, including in forestry wetlands
and agriculture. This includes the creation of a Civilian Climate Corps.
• $110 billion for investments and incentives for clean energy technology, manufacturing,
and supply chains.
• $20 billion for clean energy procurement.
• An extension on expanded Affordable Care Act premium tax credits.
• Allowing Medicare to cover the cost of hearing care.
• $150 billion for housing investments.
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• Higher education and workforce development funding, including raising the maximum Pell
grant and community college workforce programs.
• A one-year extension of the current expanded earned income tax credit.
• Other investments in maternal health, community violence initiatives and other areas.
Congressional leaders will work to turn the framework into legislative text. There is still uncertainty
around support for the new framework among House and Senate Democrats. The bill is being
moved through the budget reconciliation process which allows a bill to circumvent a Senate
filibuster and pass with a simple majority. No Republicans are expected to support the bill and
Democrats only have a Senate majority by virtue of the Vice President’s tie-breaking vote and
their majority in the House only allows them to lose three votes. Because of this dynamic they
need universal buy-in among their centrist and progressive members. This has led to a prolonged
process that has had many ups and downs. The one thing congressional Democrats all
seem to able to agree on is a need to pass something, and the release of this framework is the
closest thing yet to a bill that can get universal Democratic support on Capitol Hill.
PFAS
In October, the White House put out a fact sheet which summarizes the actions they’re taking on
the PFAS issue. The biggest piece of news here is the release of EPA’s PFAS Roadmap. Per
EPA the roadmap lays out:
• Aggressive timelines to set enforceable drinking water limits under the Safe Drinking
Water Act to ensure water is safe to drink in every community.
• A hazardous substance designation under CERCLA, to strengthen the ability to hold
polluters financially accountable.
• Timelines for action—whether it is data collection or rulemaking—on Effluent Guideline
Limitations under the Clean Water Act for nine industrial categories.
• A review of past actions on PFAS taken under the Toxic Substances Control Act to
address those that are insufficiently protective.
• Increased monitoring, data collection and research so that the agency can identify what
actions are needed and when to take them.
• A final toxicity assessment for GenX, which can be used to develop health advisories that
will help communities make informed decisions to better protect human health and
ecological wellness.
• Continued efforts to build the technical foundation needed on PFAS air emissions to inform
future actions under the Clean Air Act.
The roadmap sets a date to establish a national primary drinking water regulation for PFOA and
PFOS in the Fall of 2022 with a final rule expected in the fall of 2023.
In addition to the roadmap, the administration is continuing to work towards passing both the
Bipartisan Infrastructure deal and the Build Back Better Act, both pieces of legislation included
dedicated funding to address PFAS contamination in drinking water. The Infrastructure Deal
includes $10 billion in grants to address emerging contaminant, including PFAS, through the State
Revolving Funds and small and disadvantaged community programs. The Build Back Better
Act includes investments for EPA to conduct monitoring across the country for 29 PFAS
compounds in drinking water through the Unregulated Contaminant Monitoring Rule program.
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YLWD
State
Bills of Interest
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Proposed Legislation 2021-2022
AB 59 Gabriel [D]TWO YEAR BILL - This bill would increase, for fees and service charges
and for fees for specified public facilities, the time for mailing the notice of
the time and place of the meeting to at least 45 days before the meeting.
This bill would also require that all fees collected in excess of the cost of
the service provided be refunded to the ratepayer. This bill would also
change the statute of limitations for protests filed for disputes of rates,
potentially allowing rate disputes to be filed months or years after
adoption.
Oppose AWWA - NYC
ACC-OC - Oppose
ACWA - Oppose
CASA - Oppose
CSDA - Oppose
OCBC - NYC
MWD - NYC
MWDOC - Watch
OCWD - NYC
AB 95 Low [D]TWO YEAR BILL - Would enact the Bereavement Leave Act of 2021.
The bill would require an employer with 25 or more employees to grant
an employee up to 10 business days of unpaid bereavement leave upon
the death of a spouse, child, parent, sibling, grandparent, grandchild, or
domestic partner, in accordance with certain procedures, and subject to
certain exclusions. The bill would require an employer with fewer than 25
employees to grant up to 3 business days of leave, in accordance with
these provisions. The bill would prohibit an employer from interfering with
or restraining the exercise or attempt to exercise the employee’s right to
take this leave.
AWWA - NYC
ACC-OC - NYC
ACWA - NYC
CASA - NYC
CSDA - Oppose
OCBC - Oppose
MWD - NYC
MWDOC - NYC
OCWD - NYC
Page 14 of 208
YLWD
State
Bills of Interest
AB 100 Holden [D]SIGNED - 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.
AWWA - NYC
ACC-OC - NYC
ACWA - NYC
CASA - NYC
CSDA - Watch
OCBC - NYC
MWD - NYC
MWDOC - Watch
OCWD - NYC
AB 230 Voepel [R]TWO YEAR BILL - Would enact the Workplace Flexibility Act of 2021.
The bill would permit an individual nonexempt employee to request an
employee-selected flexible work schedule providing for workdays up to
10 hours per day within a 40-hour workweek, and would allow an
employer to implement this schedule without the obligation to pay
overtime compensation for those additional hours in a workday, except
as specified. The bill would require that the flexible work schedule
contain specified information and the employer’s and the employee’s
original signature. The bill would also require the Division of Labor
Standards Enforcement in the Department of Industrial Relations to
enforce this provision and adopt regulations.
AWWA - NYC
ACC-OC - NYC
ACWA - NYC
CASA - NYC
CSDA - Support
OCBC - NYC
MWD - NYC
MWDOC - NYC
OCWD - NYC
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 15 of 208
YLWD
State
Bills of Interest
AB 284 Rivas [D]TWO YEAR BILL - Would require the State Air Resources Board as part
of the next scoping plan update, in collaboration with the Natural
Resources Agency and other relevant state agencies and departments
and no later than January 1, 2023, to identify a 2045 climate goal, with
interim milestones, for the state’s natural and working lands, as defined,
and to integrate into the scoping plan update recommendations
developed by the Natural Resources Agency and the Department of
Food and Agriculture regarding practices, policy and financial incentives,
market needs, and potential reductions in barriers that would help
achieve the 2045 climate goal, among other recommendations. The bill
would require the state board, in collaboration with the Natural
Resources Agency and other relevant state agencies and departments,
to include this information in each subsequent update to the scoping plan
and update that information, as appropriate. The bill would require the
state board, no later than January 1, 2024, to develop standard methods
for state agencies to consistently track greenhouse gas emissions and
reductions, carbon sequestration, and, where feasible, additional benefits
from natural and working lands over time.
AWWA - NYC
ACC-OC - NYC
ACWA - NYC
CASA - NYC
CSDA - Watch
OCBC - NYC
MWD - NYC
MWDOC - NYC
OCWD - NYC
AB 339 Lee [D]VETOED - 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.
Oppose AWWA - NYC
ACC-OC - Oppose
ACWA - Watch
CASA - NYC
CSDA - Neutral
OCBC - NYC
MWD - NYC
MWDOC - Support
OCWD - Oppose
Unless Amended
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 16 of 208
YLWD
State
Bills of Interest
AB 361 Rivas [D]SIGNED - Would, until January 1, 2024, 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 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.
Watch AWWA - NYC
ACC-OC - NYC
ACWA - Favor
CASA - NYC
CSDA - Sponsor
OCBC - NYC
MWD - Support
MWDOC - Support
OCWD - Support
AB 377 Rivas [D]TWO YEAR BILL - Would require, by January 1, 2023, the State Water
Resources Control Board and regional boards to prioritize enforcement
of all water quality standard violations that are causing or contributing to
an exceedance of a water quality standard in a surface water of the
state. The bill would require the state board and regional boards, by
January 1, 2025, to evaluate impaired state surface waters and report to
the Legislature a plan to bring all water segments into attainment by
January 1, 2050. The bill would require the state board and regional
boards to update the report with a progress summary to the Legislature
every 5 years. The bill would create the Waterway Recovery Account in
the Waste Discharge Permit Fund and would make moneys in the
Waterway Recovery Account available for the state board to expend,
upon appropriation by the Legislature, to bring impaired water segments
into attainment in accordance with the plan.
Watch AWWA - NYC
ACC-OC - Oppose
ACWA - Oppose
CASA - Oppose
CSDA - Oppose
OCBC - Oppose
MWD - Watch
MWDOC - Oppose
OCWD - Oppose
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 17 of 208
YLWD
State
Bills of Interest
AB 442 Mayes [I]SIGNED - The Surface Mining and Reclamation Act of 1975 exempts
certain activities from the provisions of the act, including, among others,
emergency excavations or grading conducted by the Department of
Water Resources or the Central Valley Flood Protection Board for the
specified purposes; surface mining operations conducted on lands
owned or leased, or upon which easements or rights-of-way have been
obtained, by the Department of Water Resources for the purpose of the
State Water Resources Development System or flood control; and
surface mining operations on lands owned or leased, or upon which
easements or rights-of-way have been obtained, by the Central Valley
Flood Protection Board for the purpose of flood control. This bill would
additionally exempt from the provisions of the act emergency
excavations or grading conducted by the Metropolitan Water District of
Southern California (MWD) for its own operations and infrastructure for
specified purposes.
AWWA - NYC
ACC-OC - NYC
ACWA - Favor
CASA - NYC
CSDA - Support
OCBC - NYC
MWD - Sponsor
MWDOC - Support
OCWD - NYC
AB 622 [Friedman]TWO YEAR BILL - Current law, to protect public health and water
quality, regulates a broad range of consumer products and processes,
including water softeners, water treatment devices, and backflow
prevention devices, among others.This bill would require, on or before
January 1, 2024, that all washing machines sold as new in California
contain a microfiber filtration system with a mesh size of 100 microns or
smaller.
AWWA - NYC
ACC-OC - NYC
ACWA - NYC
CASA - Sponsor
CSDA - NYC
OCBC - NYC
MWD - NYC
MWDOC - NYC
OCWD - NYC
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 18 of 208
YLWD
State
Bills of Interest
AB 703 Rubio [D]TWO YEAR BILL - Current law, by Executive Order N-29-20, suspends
the Ralph M. Brown Act’s requirements for teleconferencing during the
COVID-19 pandemic, provided that notice requirements are met, the
ability of the public to observe and comment is preserved, as specified,
and that a local agency permitting teleconferencing have a procedure for
receiving and swiftly resolving requests for reasonable accommodation
for individuals with disabilities, as specified. This bill would remove the
requirements of the act particular to teleconferencing and allow for
teleconferencing subject to existing provisions regarding the posting of
notice of an agenda and the ability of the public to observe the meeting
and provide public comment. The bill would require that, in each instance
in which notice of the time of the teleconferenced meeting is otherwise
given or the agenda for the meeting is otherwise posted, the local agency
also give notice of the means by which members of the public may
observe the meeting and offer public comment and that the legislative
body have and implement a procedure for receiving and swiftly resolving
requests for reasonable accommodation for individuals with disabilities,
consistent with the federal Americans with Disabilities Act, as provided.
AWWA - NYC
ACC-OC - NYC
ACWA - Support
CASA - Support
CSDA - Watch
OCBC - NYC
MWD - Support
MWDOC - Support
OCWD - NYC
AB 802 [Bloom]TWO YEAR BILL - Would require the Water Resources Control Board to
identify the best available control technology for filtering microfibers from
an industrial, institutional, or commercial laundry facility on or before an
unspecified date, and would require the state board to consult with
owners and operators of laundry facilities on the types of filtration
systems currently in use and with universities, scientific organizations,
and experts on plastic pollution in identifying the best available control
technology. The bill would also require, on or before an unspecified date,
any entity that operates an industrial, institutional, or commercial laundry
facility to adopt the use of the best available control technology to
capture microfibers that are shed during washing.
AWWA - NYC
ACC-OC - NYC
ACWA - Favor
CASA - Support in
Concept
CSDA - NYC
OCBC - NYC
MWD - NYC
MWDOC - NYC
OCWD - NYC
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 19 of 208
YLWD
State
Bills of Interest
AB 818 Bloom [D]SIGNED - 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.
Support AWWA - NYC
ACC-OC - NYC
ACWA - Support
CASA - Sponsor
CSDA - Support
OCBC - NYC
MWD - NYC
MWDOC - NYC
OCWD - NYC
AB 850 Gallagher [R]SIGNED - 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, including, among other things, that the receiving
water system’s service area borders the service area of the subsumed
water system. This bill would extend the authorization to consolidate
water systems until January 1, 2024. The bill would also remove the
requirement that the receiving water system’s service area border the
service area of the subsumed water system.
AWWA - NYC
ACC-OC - NYC
ACWA - NYC
CASA - NYC
CSDA - Watch
OCBC - NYC
MWD - NYC
MWDOC - NYC
OCWD - NYC
AB 1200 Ting [D]SIGNED - 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.
AWWA - NYC
ACC-OC - NYC
ACWA - Favor
CASA - Support
CSDA - NYC
OCBC - NYC
MWD - NYC
MWDOC - NYC
OCWD - Support
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 20 of 208
YLWD
State
Bills of Interest
AB 1250 Calderon [D]SIGNED - 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.
AWWA - NYC
ACC-OC - NYC
ACWA - Favor
CASA - NYC
CSDA - Watch
OCBC - NYC
MWD - NYC
MWDOC - NYC
OCWD - NYC
AB 1395 Muratsuchi [D]TWO YEAR BILL - The California Global Warming Solutions Act of 2006
requires the State Air Resources Board to prepare and approve a
scoping plan for achieving the maximum technologically feasible and
cost-effective reductions in greenhouse gas emissions and to update the
scoping plan at least once every 5 years. This bill, the California Climate
Crisis Act, would declare the policy of the state to achieve net zero
greenhouse gas emissions as soon as possible, but no later than 2045,
and to achieve and maintain net negative greenhouse gas emissions
thereafter. The bill would require the state board to work with relevant
state agencies to ensure that by 2045 statewide anthropogenic
greenhouse gas emissions are reduced to at least 90% below the 1990
level, to ensure that updates to the scoping plan identify and recommend
measures to achieve these policy goals, identify a variety of policies and
strategies that support nature-based climate solutions in California, as
specified.
AWWA - NYC
ACC-OC - NYC
ACWA - NYC
CASA - NYC
CSDA - Watch
OCBC - Oppose
MWD - NYC
MWDOC - NYC
OCWD - NYC
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 21 of 208
YLWD
State
Bills of Interest
AB 1434 Friedman [D]TWO YEAR BILL - Would establish, beginning January 1, 2023, until
January 1, 2025, the standard for indoor residential water use as 48
gallons per capita daily. The bill would establish, beginning January 1,
2025, the standard as 44 gallons per capita daily and, beginning January
1, 2030, 40 gallons per capita daily. The bill would eliminate the
requirement that the department, in coordination with the state board,
conduct necessary studies and investigations and jointly recommend to
the Legislature a standard for indoor residential water use.
Oppose
Unless
Amended
AWWA - NYC
ACC-OC - NYC
ACWA - Oppose
CASA - Oppose
CSDA - Oppose
OCBC - NYC
MWD - NYC
MWDOC - Oppose
OCWD - Oppose
AB 1500 Garcia [D]Did not move forward in 2021. 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.
AWWA - NYC
ACC-OC - NYC
ACWA - Support if
Amended
CASA - Support if
Amended
CSDA - Support if
Amended
OCBC - NYC
MWD - Support
and Seek
Amendments
MWDOC - Watch
OCWD - Watch
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 22 of 208
YLWD
State
Bills of Interest
SB 5 Atkins [D]TWO YEAR BILL - 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.
AWWA - NYC
ACC-OC - Watch
ACWA - NYC
CASA - NYC
CSDA - Watch
OCBC - NYC
MWD - NYC
MWDOC - NYC
OCWD - NYC
SB 6 Caballero [D]TWO YEAR BILL - The Planning and Zoning Law requires each county
and city to adopt a comprehensive, long-term general plan for its physical
development, and the development of certain lands outside its
boundaries, that includes, among other mandatory elements, a housing
element. This bill, the Neighborhood Homes Act, would deem a housing
development project, as defined, an allowable use on a neighborhood lot,
which is defined as a parcel within an office or retail commercial zone
that is not adjacent to an industrial use. The bill would require the density
for a housing development under these provisions to meet or exceed the
density deemed appropriate to accommodate housing for lower income
households according to the type of local jurisdiction, including a density
of at least 20 units per acre for a suburban jurisdiction.
AWWA - NYC
ACC-OC - Oppose
ACWA - NYC
CASA - NYC
CSDA - Watch
OCBC - Support if
Amended
MWD - NYC
MWDOC - NYC
OCWD - NYC
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 23 of 208
YLWD
State
Bills of Interest
SB 9 Atkins [D]SIGNED - Would require a proposed housing development containing 2
residential units within a single-family residential zone to be considered
ministerially, without discretionary review or hearing, if the proposed
housing 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.
AWWA - NYC
ACC-OC - Oppose
ACWA - NYC
CASA - NYC
CSDA - Watch
OCBC - Support
MWD - NYC
MWDOC - NYC
OCWD - NYC
SB 45 Portantino [D]Did not move forward in 2021. 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.
Watch AWWA - NYC
ACC-OC - NYC
ACWA - Support if
Amended
CASA - Support if
Amended
CSDA - Support if
Amended
OCBC - NYC
MWD - Support
and Seek
Amendments
MWDOC - Watch
OCWD - Watch
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 24 of 208
YLWD
State
Bills of Interest
SB 222 Dodd [D]TWO YEAR BILL - This bill 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.
Oppose
Unless
Amended
AWWA - NYC
ACC-OC - NYC
ACWA - Watch
CASA - Work w/
Author
CSDA - Neutral
OCBC - NYC
MWD - NYC
MWDOC - Watch
OCWD - Watch
SB 223 Dodd [D]TWO YEAR BILL - Current law requires an urban and community water
system to have a written policy on discontinuation of residential service
for nonpayment, including, among other things, specified options for
addressing the nonpayment. Current law requires an urban and
community water system to provide notice of that policy to customers, as
provided. This bill would apply those provisions, on and after July 1,
2022, to a very small community water system, defined as a public water
system that supplies water to 200 or fewer service connections used by
year long residents.
Oppose
Unless
Amended
AWWA - NYC
ACC-OC - NYC
ACWA - Oppose
CASA - Work w/
Author
CSDA - Oppose
OCBC - NYC
MWD - NYC
MWDOC - Oppose
OCWD - Oppose
Unless Amended
SB 230 Portantino [D]TWO YEAR BILL - Would require the State Water Resources Control
Board to establish, maintain, and direct an ongoing, dedicated program
called the Constituents of Emerging Concern Program to assess the
state of information and recommend areas for further study on, among
other things, the occurrence of constituents of emerging concern (CEC)
in drinking water sources and treated drinking water. The bill would
require the state board to convene, by an unspecified date, the Science
Advisory Panel to review and provide recommendations to the state
board on CEC for further action, among other duties. The bill would
require the state board to provide an annual report to the Legislature on
the ongoing work conducted by the panel.
Watch AWWA - NYC
ACC-OC - NYC
ACWA - Favor
CASA - Support
CSDA - Support
OCBC - NYC
MWD -
Support/Sponsor
MWDOC - Support
OCWD - Watch
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 25 of 208
YLWD
State
Bills of Interest
SB 273 Hertzberg [D]SIGNED - 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
Reorganization Act of 2000.
AWWA - NYC
ACC-OC - NYC
ACWA - Favor
CASA - Sponsor
CSDA - Support
OCBC - NYC
MWD - NYC
MWDOC - Watch
OCWD - Support
SB 274 Wieckowski [D]SIGNED - 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.
AWWA - NYC
ACC-OC - NYC
ACWA - Favor
CASA - Watch
CSDA - Watch
OCBC - NYC
MWD - NYC
MWDOC - Watch
OCWD - NYC
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 26 of 208
YLWD
State
Bills of Interest
SB 323 Caballero [D]SIGNED - 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.
AWWA - NYC
ACC-OC - NYC
ACWA - Sponsor
CASA - Support
CSDA - Support
OCBC - NYC
MWD - NYC
MWDOC - Support
OCWD - Watch
SB 351 Caballero [D]TWO YEAR BILL - Current law establishes the State Water Resources
Control Board for the purposes of providing for the orderly and efficient
administration of the water resources of the state. This bill, the Water
Innovation Act of 2021, would create the Office of Water Innovation at
the California Water Commission for the furtherance of new technologies
and other innovative approaches in the water sector. The bill would
require the office, by December 31, 2023, to take specified measures to
advance innovation in the water sector. The bill would make findings and
declarations regarding the need for water innovation.
AWWA - NYC
ACC-OC - NYC
ACWA - Favor
CASA - Support
CSDA - Support
OCBC - NYC
MWD - Support
MWDOC - Support
OCWD - Support
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 27 of 208
YLWD
State
Bills of Interest
SB 403 Gonzalez [D]SIGNED - 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 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.
AWWA - NYC
ACC-OC - NYC
ACWA - Watch
CASA - NYC
CSDA - Oppose
Unless Amended
OCBC - NYC
MWD - NYC
MWDOC - Watch
OCWD - NYC
SB 426 Rubio [D]TWO YEAR BILL - Would require the State Water Resources Control
Board, by July 1, 2022, to establish financial capability assessment
guidelines for municipal separate storm sewer system permittees that are
adequate and consistent when considering the costs to local
jurisdictions. The bill would require the state board and the regional
boards to continue using available regulatory tools and other approaches
to foster collaboration with permittees to implement permit requirements
in light of the costs of implementation.
AWWA - NYC
ACC-OC - NYC
ACWA - Favor
CASA - Support
CSDA - Watch
OCBC - NYC
MWD - NYC
MWDOC - NYC
OCWD - NYC
SB 427 Eggman [D]SIGNED - Would authorize the legislative body of a local agency, as
defined, that provides water service to adopt an ordinance that prohibits
water theft, as defined, subject to an administrative fine or penalty in
excess of the limitations above, as specified. The bill would require the
local agency to adopt an ordinance that sets forth the administrative
procedures governing the imposition, enforcement, collection, and
administrative review of the administrative fines or penalties for water
theft and to establish a process for granting a hardship waiver to reduce
the amount of the fine, as specified.
AWWA - NYC
ACC-OC - NYC
ACWA - Favor
CASA - NYC
CSDA - Support
OCBC - NYC
MWD - NYC
MWDOC - NYC
OCWD - NYC
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 28 of 208
YLWD
State
Bills of Interest
SB 552 Hertzberg [D]SIGNED - 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.
AWWA - NYC
ACC-OC - NYC
ACWA - Favor
CASA - NYC
CSDA - Watch
OCBC - NYC
MWD - NYC
MWDOC - Watch
OCWD - NYC
SB 559 Hurtado TWO YEAR BILL - 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 provisions as of
January 1, 2031.
AWWA - NYC
ACC-OC - NYC
ACWA - Support
CASA - Watch
CSDA - Support
OCBC - NYC
MWD - Support
MWDOC - Support
OCWD - Watch
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 29 of 208
YLWD
State
Bills of Interest
SB 596 Becker [D]SIGNED - Would require the State Air Resources Board, by July 1, 2023,
to develop a comprehensive strategy for the state’s cement sector to
achieve net-zero emissions of greenhouse gases associated with cement
used within the state as soon as possible, but no later than December
31, 2045. The bill would require the state board, in developing this
comprehensive strategy, to define a metric for greenhouse gas intensity
and evaluate data, as provided, to establish a baseline from which to
measure greenhouse gas intensity reductions, coordinate and consult
with other state agencies, prioritize actions that leverage state and
federal incentives, and evaluate measures to support market demand
and financial incentives to encourage the production and use of cement
with low greenhouse gas intensity, among other actions.
AWWA - NYC
ACC-OC - NYC
ACWA - NYC
CASA - NYC
CSDA - NYC
OCBC - NYC
MWD - NYC
MWDOC - NYC
OCWD - NYC
SB 683 Ochoa Bogh [R]TWO YEAR BILL - Under existing law, the State Water Resources
Control Board and the 9 California regional water quality control boards
regulate water quality and prescribe waste discharge requirements in
accordance with the federal national pollutant discharge elimination
system (NPDES) permit program established by the federal Clean Water
Act and the Porter-Cologne Water Quality Control Act.
This bill would require, to the extent permitted by federal law, a regional
board that issues a municipal separate storm sewer system permit
pursuant to the NPDES permit program to a region rather than to an
individual discharger to include specified elements in the permit and to
meet and collaborate with the permittees before or during the permit
writing process.
AWWA - NYC
ACC-OC - NYC
ACWA - NYC
CASA - NYC
CSDA - Watch
OCBC - NYC
MWD - NYC
MWDOC - NYC
OCWD - NYC
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 30 of 208
YLWD
State
Bills of Interest
SB 788 Bradford [D]VETOED - 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.
AWWA - NYC
ACC-OC - NYC
ACWA - NYC
CASA - NYC
CSDA - Neutral
OCBC - NYC
MWD - NYC
MWDOC - NYC
OCWD - NYC
Legend:
NYC - Not Yet Considered
AWWA - American Water Works Association
ACC-OC - Association of California Cities, Orange County
ACWA - Association of California Water Agencies
CASA - California Association of Sanitation Agencies
CSDA - California Special Districts Association
BILL AUTHOR SUMMARY YLWD
POSITION
OTHER
POSITIONS
Page 31 of 208
Yorba Linda Water District
Tuesday, November 09, 2021
AB 100 (Holden D) Drinking water: endpoint devices: lead content.
Current Text: Chaptered: 10/8/2021 html pdf
Introduced: 12/11/2020
Last Amend: 6/24/2021
Status: 10/8/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 692,
Statutes of 2021.
Is Urgency: N
Is Fiscal: Y
Location: 10/8/2021-A. CHAPTERED
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: Vetoed: 10/7/2021 html pdf
Introduced: 1/28/2021
Last Amend: 9/3/2021
Status: 10/7/2021-Vetoed by the Governor
Is Urgency: N
Is Fiscal: Y
Location: 10/7/2021-A. VETOED
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: state and local agencies: teleconferences.
Current Text: Chaptered: 9/16/2021 html pdf
Introduced: 2/1/2021
Last Amend: 9/3/2021
Status: 9/16/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 165,
Statutes of 2021.
Is Urgency: Y
Is Fiscal: Y
Location: 9/16/2021-A. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would, until January 1, 2024, 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 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.
Page 1/6
Page 32 of 208
AB 818 (Bloom D) Solid waste: premoistened nonwoven disposable wipes.
Current Text: Chaptered: 10/6/2021 html pdf
Introduced: 2/16/2021
Last Amend: 7/1/2021
Status: 10/6/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 590,
Statutes of 2021.
Is Urgency: N
Is Fiscal: Y
Location: 10/6/2021-A. CHAPTERED
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: Chaptered: 10/8/2021 html pdf
Introduced: 2/17/2021
Last Amend: 8/18/2021
Status: 10/8/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 705,
Statutes of 2021.
Is Urgency: N
Is Fiscal: Y
Location: 10/8/2021-A. CHAPTERED
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 if the potentially subsumed public water
system is wholly within the boundaries of the city and the city determines that it is uneconomical and
not in the public interest to own and operate the public utility, subject to additional requirements.
Current law prohibits the sale of the public utility or requires an election to be called for voters to
approve the sale if a certain percentage of interested persons protest the sale of the public utility, and
defines “interested person” to mean a person who is a resident of the city.This bill would extend the
authorization to consolidate water systems until January 1, 2024. The bill would delete the
requirement that the potentially subsumed public water system be wholly within the boundaries of the
city.
AB 1200 (Ting D) Plant-based food packaging: cookware: hazardous chemicals.
Current Text: Chaptered: 10/6/2021 html pdf
Introduced: 2/18/2021
Last Amend: 8/23/2021
Status: 10/5/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 503,
Statutes of 2021.
Is Urgency: N
Is Fiscal: N
Location: 10/5/2021-A. CHAPTERED
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 regulated 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: Chaptered: 10/8/2021 html pdf
Introduced: 2/19/2021
Last Amend: 7/5/2021
Status: 10/8/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 713,
Page 2/6
Page 33 of 208
Statutes of 2021.
Is Urgency: N
Is Fiscal: Y
Location: 10/8/2021-A. CHAPTERED
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.
SB 9 (Atkins D) Housing development: approvals.
Current Text: Chaptered: 9/16/2021 html pdf
Introduced: 12/7/2020
Last Amend: 8/16/2021
Status: 9/16/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 162, Statutes
of 2021.
Is Urgency: N
Is Fiscal: Y
Location: 9/16/2021-S. CHAPTERED
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
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 155 (Committee on Budget and Fiscal Review) Public resources trailer bill.
Current Text: Chaptered: 9/23/2021 html pdf
Introduced: 1/8/2021
Last Amend: 9/7/2021
Status: 9/23/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 258, Statutes
of 2021.
Is Urgency: Y
Is Fiscal: Y
Location: 9/23/2021-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law creates the Healthy Stores Refrigeration Grant Program in the Department of
Food and Agriculture upon the appropriation of funds. Current law requires the department to
administer the program and to award grants to qualified entities, which is defined to include a small
business or corner store, a city or county with representative low-income areas that contain small
businesses or corner stores, and certain nonprofit entities that meet specified requirements. This bill
would change the name of the program to the Healthy Refrigeration Grant Program. The bill would
expand the definition of “qualified entity” to include a tribal government or tribal organization under
certain circumstances and would revise the criteria required for a city, county, tribal government, tribal
organization, or nonprofit entity to qualify to apply for a grant.
SB 170 (Skinner D) Budget Act of 2021.
Current Text: Chaptered: 9/23/2021 html pdf
Introduced: 1/8/2021
Page 3/6
Page 34 of 208
Last Amend: 9/7/2021
Status: 9/23/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 240, Statutes
of 2021.
Is Urgency: Y
Is Fiscal: Y
Location: 9/23/2021-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Budget Act of 2021 made appropriations for the support of state government for the
2021-22 fiscal year. This bill would amend the Budget Act of 2021 by amending, adding, and repealing
items of appropriation and making other changes. This bill would declare that it is to take effect
immediately as a Budget Bill
SB 273 (Hertzberg D) Water quality: municipal wastewater agencies.
Current Text: Chaptered: 9/23/2021 html pdf
Introduced: 1/29/2021
Last Amend: 6/21/2021
Status: 9/23/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 241, Statutes
of 2021.
Is Urgency: N
Is Fiscal: Y
Location: 9/23/2021-S. CHAPTERED
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
Reorganization Act of 2000.
SB 274 (Wieckowski D) Local government meetings: agenda and documents.
Current Text: Chaptered: 10/9/2021 html pdf
Introduced: 1/29/2021
Last Amend: 4/5/2021
Status: 10/9/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 763, Statutes
of 2021.
Is Urgency: N
Is Fiscal: Y
Location: 10/9/2021-S. CHAPTERED
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: Chaptered: 9/23/2021 html pdf
Introduced: 2/5/2021
Page 4/6
Page 35 of 208
Last Amend: 8/16/2021
Status: 9/23/2021-Chaptered by Secretary of State. Chapter 216, Statutes of 2021.
Is Urgency: N
Is Fiscal: Y
Location: 9/22/2021-S. CHAPTERED
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. Except as provided, 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 effective date or the
date of final passage, adoption, or approval of the ordinance, resolution, or motion, whichever is later.
SB 403 (Gonzalez D) Drinking water: consolidation.
Current Text: Chaptered: 9/23/2021 html pdf
Introduced: 2/12/2021
Last Amend: 7/5/2021
Status: 9/23/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 242, Statutes
of 2021.
Is Urgency: N
Is Fiscal: Y
Location: 9/23/2021-S. CHAPTERED
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
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 427 (Eggman D) Water theft: enhanced penalties.
Current Text: Chaptered: 7/23/2021 html pdf
Introduced: 2/12/2021
Last Amend: 4/12/2021
Status: 7/23/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 137, Statutes
of 2021.
Is Urgency: N
Is Fiscal: N
Location: 7/23/2021-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would authorize the legislative body of a local agency, as defined, that provides water
service to adopt an ordinance that prohibits water theft, as defined, subject to an administrative fine
or penalty in excess of the limitations above, as specified. The bill would require the local agency to
adopt an ordinance that sets forth the administrative procedures governing the imposition,
enforcement, collection, and administrative review of the administrative fines or penalties for water
theft and to establish a process for granting a hardship waiver to reduce the amount of the fine, as
specified.
SB 552 (Hertzberg D) Drought planning: small water suppliers: nontransient noncommunity water
systems.
Current Text: Chaptered: 9/23/2021 html pdf
Introduced: 2/18/2021
Page 5/6
Page 36 of 208
Last Amend: 9/3/2021
Status: 9/23/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 245, Statutes
of 2021.
Is Urgency: N
Is Fiscal: Y
Location: 9/23/2021-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law required the Department of Water Resources, in consultation with the State
Water Resources Control Board, to propose to the Governor and the Legislature, by January 1, 2020,
recommendations and guidance relating to the development and implementation of countywide
drought and water shortage contingency plans to address the planning needs of small water suppliers
and rural communities, as provided.This bill would require small water suppliers, as defined, serving
1,000 to 2,999 service connections, inclusive, and nontransient noncommunity water systems that are
schools, no later than July 1, 2023, to develop and maintain an abridged Water Shortage Contingency
Plan that includes specified drought-planning elements.
SB 596 (Becker D) Greenhouse gases: cement sector: net-zero emissions strategy.
Current Text: Chaptered: 9/23/2021 html pdf
Introduced: 2/18/2021
Last Amend: 9/3/2021
Status: 9/23/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 246, Statutes
of 2021.
Is Urgency: N
Is Fiscal: Y
Location: 9/23/2021-S. CHAPTERED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would require the State Air Resources Board, by July 1, 2023, to develop a comprehensive
strategy for the state’s cement sector to achieve net-zero emissions of greenhouse gases associated
with cement used within the state as soon as possible, but no later than December 31, 2045. The bill
would require the state board, in developing this comprehensive strategy, to define a metric for
greenhouse gas intensity and evaluate data, as provided, to establish a baseline from which to
measure greenhouse gas intensity reductions, coordinate and consult with other state agencies,
prioritize actions that leverage state and federal incentives, and evaluate measures to support market
demand and financial incentives to encourage the production and use of cement with low greenhouse
gas intensity, among other actions.
SB 788 (Bradford D) Workers’ compensation: risk factors.
Current Text: Vetoed: 9/28/2021 html pdf
Introduced: 2/19/2021
Last Amend: 6/17/2021
Status: 9/28/2021-Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.
Is Urgency: N
Is Fiscal: N
Location: 9/28/2021-S. VETOED
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: 18
Total Tracking Forms: 18
Page 6/6
Page 37 of 208
ITEM NO. 8.1.
AGENDA REPORT
MEETING DATE:November 17, 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 October 13, 2021
RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
1.Draft Meeting Minutes (Special)
2.Draft Meeting Minutes (Regular)
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MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS SPECIAL MEETING
Wednesday, October 13, 2021, 5:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. PARTICIPATION INSTRUCTIONS
Were included on the agenda.
2. CALL TO ORDER
The meeting was called to order at 5:30 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 Annie Alexander, Board Secretary
Brooke Jones Veronica Ortega, Executive Assistant
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 5:31 p.m.
5.1.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
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5.2.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
5.3.Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representative: Brett R. Barbre
General Manager Barbre and Assistant General Manager Davert left Closed
Session at 6:14 p.m.
5.4.Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: General Manager
The Board returned to Open Session at 7:23 p.m.
General Counsel Gagen announced that the Board took no reportable action
during Closed Session.
6. ADJOURNMENT
6.1.The meeting was adjourned at 7:23 p.m.
Annie Alexander
Board Secretary
Page 40 of 208
Minutes of the YLWD Board of Directors Regular Meeting Held October 13, 2021 at 6:30 p.m. 1
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MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Wednesday, October 13, 2021, 6:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. PARTICIPATION INSTRUCTIONS
Were included on the agenda.
2. CALL TO ORDER
The meeting was called to order at 7:23 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 Doug Davert, Assistant General Manager
Trudi DesRoches John DeCriscio, Operations Manager
Brooke Jones Gina Knight, Human Resources and Risk Manager
Tom Lindsey Delia Lugo, Finance Manager
Rosanne Weston, Engineering Manager
Alison Martin, Public Affairs Manager
Annie Alexander, Board Secretary
Veronica Ortega, Executive Assistant
ALSO PRESENT
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
Chris Townsend, President, Townsend Public Affairs (Via Teleconference)
Eric O’Donnell, Senior Associate, Townsend Public Affairs (Via Teleconference)
Brian Lochrie, President, Communications LAB
Kassie Radermacher, Partner, White Nelson Diehl Evans LLP (Via Teleconference)
5. ADDITIONS/DELETIONS TO THE AGENDA
None.
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6. INTRODUCTIONS AND PRESENTATIONS
6.1.Elected Official Liaison Reports
Yorba Linda Councilmember Gene Hernandez commented on recent
activities related to sewer collection facilities on Main Street and the sale of
a portion of City-owned property on Bastanchury Road to Shea Homes for
a new housing development. He also commented on the raising of
Bastanchury Road, the planned construction of public amenities on the
remaining portion of property still owned by the City, and the Adventure
Playground renovation project.
6.2.Federal and State Legislative Update
Staff reported on the status of a $500K federal earmark for construction of
another heli-hydrant and the PFAS Action Act (HR 2467). Christopher
Townsend and Eric O’Donnell both commented on the status of federal
earmarks and the FY22 federal budget.
7. PUBLIC COMMENTS
None.
8. CONSENT CALENDAR
Director Jones requested to remove Item Nos. 8.8., 8.11, and 8.12. from the
Consent Calendar for separate action.
Director Jones made a motion, seconded by Director DesRoches, to approve the
remainder of the Consent Calendar. Motion carried 5-0-0-0.
8.1.Minutes of the Board of Directors Special and Regular Meetings Held
September 14, 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 $5,871,194.97.
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8.3.Budget to Actual Reports for Month Ending August 31, 2021
Recommendation: That the Board of Directors receive and file the Budget
to Actual Reports for the Month Ending August 31, 2021.
8.4.Cash and Investment Report for Period Ending August 31, 2021
Recommendation: That the Board of Directors receive and file the Cash and
Investment Report for the Period Ending August 31, 2021.
8.5.Claim for Damages Filed by Lon Verstuyft
Recommendation: That the Board of Directors reject and deny the claim
filed by Lon Verstuyft.
8.6.Revised Budgeted Positions for Remainder of Fiscal Year 2021-22
Recommendation: That the Board of Directors adopt Resolution No. 2021-
XX ratifying amendments to the Budgeted Positions for the remainder of
Fiscal Year 2021-22.
8.7.Memorandum of Understanding with Community Water Systems Alliance
Recommendation: That the Board of Directors authorize the General
Manager to execute a Memorandum of Understanding with California
Mutual Water Companies (CalMutuals) for District participation in the
Community Water System Alliance and approve payment of $5,000 for
annual dues.
8.9.Joint Agreement for 800 Megahertz Countywide Coordinated
Communications System
Recommendation: That the Board of Directors authorize the General
Manager to execute the re-written Joint Agreement for the Orange County
800 MHz Countywide Coordinated Communications System (CCCS).
8.10.Proclamation Terminating Existence of Local Emergency Related to
COVID-19
Recommendation: That the Board of Directors approve a proclamation
terminating the existence of a local emergency related to COVID-19
effective October 13, 2021.
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8.13.Third Amendment to Water and Sewer Facilities Agreement with North
County BRS, LLC (Now Lennar Homes of California) for Cielo Vista
Development Project
Recommendation: That the Board of Directors approve the Third
Amendment to the Cielo Vista Project Water and Sewer Facilities
Agreement dated August 1, 2018, conditioned on the Property Owners'
signatures to the Third Amendment within 30 days of approval.
8.14.Notice of Completion for Well 11 Abandonment
Recommendation: That the Board of Directors authorize staff to file the
Notice of Completion for the Well 11 Abandonment Project, Job No. J-2020-
52.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION
8.8.Purchase of Vactor Hydro-Excavator
Staff explained that the current excavator was requiring significant repairs
on a regular basis and was in need of being replaced. Staff also noted the
benefits of utilizing a hydro-excavator, associated cost savings, and the
anticipated value of the unit to be replaced at auction if approved by the
Board. Director Miller expressed his concerns in relation to this expenditure
and the potential budget deficit due to the delay in construction of the PFAS
water treatment plant.
Director Jones made a motion, seconded by Director Lindsey, to authorize
the General Manager to purchase a Vactor Hydro-Excavator from Haaker
Equipment Company (lowest bidder) in the amount of $560,300 as
approved in the Capital Outlay Budget for Fiscal Year 2021-22. Motion
carried 4-1-0-0 with Director Miller voting No.
8.11.Professional Services Agreement for Communications Consulting Services
Staff reviewed the functions of the Public Affairs Department, the scope of
work for this contract, and the rating of Communications LAB’s proposal.
Discussion touched on contracting for services on a project-by-project
basis, the benefits of contracting with one firm, the proposed contract term,
monthly status reports from the consultant to the Board, postponing
execution of the contract until after the PFAS water treatment plant is up
and running, and the communications services currently provided to the
District.
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Director Jones made a motion, seconded by Director DesRoches, to
authorize the General Manager to execute a Professional Services
Agreement with Communications LAB for Communications Consulting
Services for a 1-year term beginning December 1, 2021, not to exceed a
total cost of $60,000. Motion carried 5-0-0-0.
8.12.Professional Services Agreement for On-Call Geotechnical Observation
and Material Testing Services
Staff explained the benefits of executing two on-call agreements for these
services.
Director Jones made a motion, seconded by Director Lindsey, to authorize
the General Manager to execute two (2) non-exclusive Professional
Services Agreements (pending review and approval as to form by General
Counsel) for On-Call Geotechnical Observation and Material Testing
Services with Hushmand Associates, Inc. and Leighton Consulting, Inc. for
an initial period of three (3) years and cumulative total not to exceed
$350,000. Motion carried 5-0-0-0.
9. ACTION CALENDAR
9.1 Audit Report for Fiscal Year Ending June 30, 2021
Staff briefly highlighted the results of the annual audit.
Director Jones made a motion, seconded by Director Miller, to receive and
file the Yorba Linda Water District Comprehensive Annual Financial Report
for the Fiscal Year Ending June 30, 2021, the Report on Internal Control,
and the Communications to Those in Governance Letter. Motion carried
5-0-0-0.
10. ADJOURN TO YORBA LINDA FINANCING AUTHORITY REGULAR MEETING
A recess was declared at 8:09 p.m. to conduct the Financing Authority meeting.
The Board meeting reconvened at 8:10 p.m.
11. ACTION CALENDAR CONTINUED
11.1 Amending Rules and Regulations for Water Service
Staff provided an overview of the significant proposed amendments to the
existing rules and regulations for water service. These included clarification
for the use of temporary construction meters, defining responsibilities for
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water service lines, and updating language to reflect current practices and
terminology. Staff noted that legal counsel had reviewed the revisions and
that proposed amendments to the rules and regulations for sewer service
would be presented to the Board for consideration at a future meeting.
Director Jones made a motion, seconded by Director Lindsey, to adopt
Resolution No. 2021-XX adopting the proposed Rules and Regulations for
Water Service and repealing Resolution Nos. 06-04 and 16-15. Motion
carried 5-0-0-0.
12. DISCUSSION ITEMS
12.1 Draft Legislative Platform for Future Adoption
Staff explained the purpose and benefits of establishing a legislative
platform. A more detailed presentation will be provided at the next regular
Board meeting.
12.2.Status of PFAS Water Treatment Plant
Staff reviewed various factors impacting the construction schedule for this
project including delayed approval from gas and electric providers and
supply chain issues for necessary electrical components. Staff also noted
that other local agencies were experiencing similar delays due to supply
chain issues.
Discussion touched on the financial impact of a delayed serve water date,
potential scenarios for groundwater production, and current status of the
District’s wells.
13. REPORTS, INFORMATION ITEMS, AND COMMENTS
13.1 Director’s Reports
A list of meetings and events attended was included in the agenda packet.
Vice President Miller commented on topics covered during a few meetings
he attended.
13.2.General Manager’s Report
General Manager Barbre invited the managers to brief the Board on recent
activities within their department. Engineering Manager Weston reported
on the status of slope repairs at Gardenia Reservoir. Finance Manager
Lugo commended Customer Service staff for their compassionate and
successful collection efforts.
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Assistant General Manager Davert reported on the status of transitioning
32 customers to a higher pressure zone. General Manager Barbre reported
that staff would be providing the Board with a quarterly report on the status
of the District’s Capital Improvement Plan at the next regular meeting. He
also commented on a few other upcoming agenda items and requested
feedback from the Board on meeting dates in November and December.
Following brief discussion, the Board decided to hold a regular meeting on
Wednesday, November 17, 2021 due to a schedule conflict. The schedule
for regular meetings will revert back to the second Tuesday of each month
beginning in December.
13.3.General Counsel’s Report
None.
13.4.Future Agenda Items and Staff Tasks
Director Jones requested staff brief the Board on the status of the meter
replacement project at a future meeting.
14. COMMITTEE REPORTS
14.1.Interagency Committee with MWDOC and OCWD
(Hawkins/DesRoches) – Next meeting will be scheduled when needed.
14.2.Joint Agency Committee with City of Yorba Linda
(Hawkins/Lindsey) – Next meeting is scheduled Monday, November 8,
2021 at 4:00 p.m.
14.3.Joint Agency Committee with City of Placentia
(Miller/Lindsey) – Next meeting will be scheduled when needed.
15. BOARD OF DIRECTORS ACTIVITY CALENDAR
15.1.Meetings from October 14 – December 31, 2021
16. ADJOURNMENT
16.1.Director Lindsey made a motion, seconded by Director Jones, to adjourn
the meeting at 8:55 p.m. Motion passed 5-0-0-0.
Annie Alexander
Board Secretary
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ITEM NO. 8.2.
AGENDA REPORT
MEETING DATE:November 17, 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 October 21,
2021
RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
1.Draft Meeting Minutes
Page 48 of 208
Minutes of the YLWD Board of Directors Special Meeting Held October 21, 2021 at 11:15 a.m. 1
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MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS SPECIAL MEETING
Thursday, October 21, 2021, 11:15 a.m.
1717 E Miraloma Ave, Placentia CA 92870
1. PARTICIPATION INSTRUCTIONS
Were included on the agenda.
2. CALL TO ORDER
The meeting was called to order at 11:15 a.m.
3. PLEDGE OF ALLEGIANCE
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 Annie Alexander, Board Secretary
Tom Lindsey
DIRECTORS ABSENT ALSO PRESENT
Phil Hawkins, President Andrew Gagen, General Counsel,
Kidman Gagen Law LLP
5. PUBLIC COMMENTS
None.
6. ACTION CALENDAR
6.1.Continuation of Virtual/Teleconference Board Meetings
Staff briefly explained the need for the Board to adopt a resolution in order
to continue holding remote meetings pursuant to Assembly Bill 361.
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Director Lindsey made a motion, seconded by Director Jones, to adopt
Resolution No. 2021-XX finding and determining that: (1) a state of
emergency related to COVID-19 is currently in effect; (2) state and local
officials have recommended measures to promote social distancing in
connection with COVID-19; (3) due to the COVID-19 emergency, meeting
in person would present imminent risks to the health and safety of
attendees; and (4) continued remote meetings are hereby authorized for the
period of October 21, 2021, through November 20, 2021, pursuant to
California Government Code Section 54953(e). Motion carried 4-0-0-1 with
Director Hawkins being absent.
7. CLOSED SESSION
The Board entered Closed Session at 11:18 a.m.
7.1.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 11:36 a.m.
General Counsel Gagen announced that the Board took no reportable action
during Closed Session.
8. ADJOURNMENT
8.1.The meeting was adjourned at 11:37 a.m.
Annie Alexander
Board Secretary
Page 50 of 208
ITEM NO. 8.3.
AGENDA REPORT
MEETING DATE:November 17, 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 November
5, 2021
RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
1.Draft Meeting Minutes
Page 51 of 208
Minutes of the YLWD Board of Directors Special Meeting Held November 5, 2021 at 3:00 p.m. 1
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MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS SPECIAL MEETING
Friday, November 5, 2021, 3:00 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. PARTICIPATION INSTRUCTIONS
Were included on the agenda.
2. CALL TO ORDER
The meeting was called to order at 3:00 p.m.
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Phil Hawkins, President Brett R. Barbre, General Manager
J. Wayne Miller, PhD, Vice President (Joined at 3:10 p.m.)Annie Alexander, Board Secretary
Trudi DesRoches
Brooke Jones
Tom Lindsey
ALSO PRESENT
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
5. PUBLIC COMMENTS
None.
6. ACTION CALENDAR
6.1.Proposed Amendments to California Special Districts Association (CSDA)
Bylaws
Staff noted that the proposed amendments were not significant and
recommended the Board vote in favor of the revisions.
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Director DesRoches made a motion, seconded by Director Lindsey, to vote
in favor of the proposed amendments to CSDA’s bylaws and authorize staff
to complete and submit the associated ballot as instructed. Motion carried
4-0-0-1 with Director Miller being absent.
7. CLOSED SESSION
The Board entered Closed Session at 3:02 p.m. General Manager Barbre left the
meeting at this time.
7.1.Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: General Manager
The Board returned to Open Session at 4:48 p.m.
General Counsel Gagen announced that the Board took no reportable action
during Closed Session.
8. ADJOURNMENT
8.1.The meeting was adjourned at 4:49 p.m.
Annie Alexander
Board Secretary
Page 53 of 208
ITEM NO. 8.4.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT:Re-Authorizing Continuation of Virtual/Teleconference Board
Meetings
RECOMMENDATION:
That the Board of Directors adopt Resolution No. 2021-XX finding and determining that: (1) a
state of emergency related to COVID-19 continues to be in effect; (2) state and local officials
continue to recommend measures to promote social distancing in connection with COVID-19;
(3) due to the COVID-19 emergency, meeting in person would present imminent risks to the
health and safety of attendees; and (4) continued remote meetings are hereby re-authorized
for the period of November 17, 2021, through December 17, 2021, pursuant to California
Government Code Section 54953(e).
SUMMARY:
Governor Newsom signed into law AB 361 which amends the Brown Act to allow the Board to
continue to meet remotely during declared emergencies proclaimed by the Governor due to
COVID-19 under certain conditions: (1) state or local officials have imposed or recommended
measures to promote social distancing; or (2) the Board determines or has determined as a
result of the emergency, meeting in person would present imminent risks to the health or
safety of attendees.
BACKGROUND:
In order to continue holding Board meetings remotely and by virtual/teleconference as has
been previously occurring, the Board will need reconsider and make a determination that as a
result of the ongoing COVID-19 emergency, meeting in person would present imminent risks
to the health and safety of the attendees. The Orange County Health Care Agency, which is
responsible for health orders in Orange County, has provided recommendations for social
distancing and masking for indoor events. Additionally, the COVID-19 virus, especially the
Delta variant, continues to spread throughout the Orange County community. The Center for
Disease Control and Prevention indicates that the Delta variant is highly contagious and
continues to recommend wearing masks in public and in indoor settings. For these reasons,
staff recommends that the District continue to hold Board meetings remotely by
Page 54 of 208
virtual/teleconference for the next 30 days.
AB 361 also adds new procedures and clarifies the requirements for conducting remote
meetings, including the following:
1. Public agencies may not require public comments to be submitted in advance.
2. In the event of a technical disruption, the public agency cannot take any further action
on the agenda until the technical issue is resolved.
3. Beginning 30 days after the first meeting, the legislative body must reconsider the
continuing need for virtual meetings every 30 days. The legislative body must find each
time that it has reconsidered the circumstances of the state of emergency, and the
state of emergency continues to directly impact the ability of the members to meet
safely in person or state and local officials continue to impose or recommend measures
to promote social distancing. If a majority of the members of a legislative body do not
adopt these findings, then traditional Brown Act provisions for teleconferencing will
apply.
Should the Board vote to re-authorize implementation of the provisions of AB 361, these
requirements will apply:
1. Notices and agenda requirements remain the same under the Brown Act.
2. No physical location is required for public attendance or public comment. However, the
public must be able to access and participate in the meeting through a call-in or an
internet-based service, and instructions for how to participate must appear on the
posted notices or agenda.
3. Teleconference meetings must protect the statutory and constitutional rights of the
parties and the public.
4. If there is any disruption of the call-in or internet-based service, the agency must
suspend the meeting until the problem is fixed.
5. Legislative bodies may allow public comments to be submitted prior to a meeting, but
must also allow the public to participate in real-time through call-in or internet-based
service.
6. If an internet-based service requires registration through a third party, individuals can
be required to register with the third party to participate in the meeting.
7. When providing a public comment period, whether after each item or during a general
comment period, a legislative body must allow reasonable time for members of the
public to comment and must also include reasonable time for members to register with
a third party host, if applicable.
ATTACHMENTS:
1.Resolution No. 2021-XX - Continuation of Virtual Meetings
Page 55 of 208
Resolution No. 2021-XX Re-Authorizing Virtual Board Meetings Pursuant to AB 361 1
RESOLUTION NO. 2021-XX
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
RELYING ON THE CALIFORNIA GOVERNOR’S PROCLAMATION OF A STATE
OF EMERGENCY ON MARCH 4, 2020, AND RE-AUTHORIZING VIRTUAL
BOARD MEETINGS PURSUANT TO ASSEMBLY BILL 361
WHEREAS,the Yorba Linda Water District (“District”) is committed to preserving public
access and participation in meetings of the Board of Directors.
WHEREAS,all meetings of the District’s legislative bodies are open and public, as
required by the Ralph M. Brown Act (California Government Code Sections
54950-54963), so that any member of the public may attend and participate
in the District’s meetings.
WHEREAS, starting in March 2020, in response to the spread of COVID-19 in the State
of California, the Governor issued a number of executive orders aimed at
containing the COVID-19 virus.
WHEREAS,among other things, these orders waived certain requirements of the Brown
Act to allow legislative bodies to meet virtually.
WHEREAS,pursuant to the Governor’s executive orders, the District has been holding
virtual meetings during the pandemic in the interest of protecting the health
and safety of the public, Board members, and District staff.
WHEREAS,the Governor’s executive orders related to the suspension of certain
provisions of the Brown Act expired on September 30, 2021.
WHEREAS,on September 16, 2021, the Governor signed Assembly Bill 361,
Government Code Section 54953(e), which allows legislative bodies to
meet virtually provided there is a state of emergency declared by the
Governor, and either: (1) state or local officials have imposed or
recommended measures to promote social distancing; or (2) the legislative
body determines by majority vote that meeting in person would present
imminent risks to the health and safety of attendees.
WHEREAS,such conditions continue to exist in the District, specifically, a state of
emergency has been proclaimed related to COVID-19 by the Governor of
California as of March 4, 2020, local officials continue to recommend
measures to promote social distancing, and because of the ongoing threat
of COVID-19, meeting in person would present imminent risks to the health
and safety of attendees.
WHEREAS,the Board of Directors previously adopted Resolution No. 2021-40 on
October 21, 2021, finding that the requisite conditions exist for the
legislative body of the District to conduct remote teleconference meetings
without compliance with Government Code Section 54953 (b)(3).
Page 56 of 208
Resolution No. 2021-XX Re-Authorizing Virtual Board Meetings Pursuant to AB 361 2
WHEREAS,as a condition of extending the use of the provisions found in Government
Code 54953(e), the Board of Directors must reconsider the circumstances
of the state of emergency, and the Board has done so.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
SECTION 1.Remote Teleconference Meetings: Consistent with the provisions of
Government Code Section 54953(e), the Board of Directors finds and
determines that: (1) a state of emergency related to COVID-19 continues to
be in effect; (2) state and/or local officials continue to recommend measures
to promote social distancing in connection with COVID-19; and (3) due to
the health and safety of attendees, and, based on the foregoing facts,
findings, and determinations, the Board re-authorizes staff to conduct
remote teleconference meetings of the Board of Directors, including
Committee meetings, per the provisions of Government Code Section
54953(e).
SECTION 2.Effective Date of Resolution: This Resolution shall take effect upon adoption
and shall be effective for 30 days unless earlier extended by a majority vote
of the Board of Directors.
PASSED AND ADOPTED this 17th day of November 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 as to form by General Counsel:
Andrew B. Gagen, Esq.
Kidman Gagen Law LLP
Page 57 of 208
ITEM NO. 8.5.
AGENDA REPORT
MEETING DATE:November 17, 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
$4,560,237.65.
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 $2,364,570.02 to MWDOC for August 2021 water purchases; a wire of
$44,508.28 to So. California Edison Co. for September 2021 electricity charges at multiple
locations; a wire of $721.92 to So. California Gas Co. for September 2021 gas charges at
multiple locations; a wire of $614.00 to Switch for the remote data hosting co-location; a check
of $348,506.77 to ACWA/JPIA for November 2021 medical and dental premiums, workers
compensation, and auto and general liability insurance for fiscal year 2021/2022; a check of
$51,000.00 to Azteca Systems Inc. for Cityworks annual software renewal; a check of
$82,000.00 to Certapro Painters for headquarters painting maintenance; a check of
$91,038.50 to Excel Paving Company for J20-61 Grandview & Ridge Way waterline
improvement; a check of $68,023.80 to T.E. Roberts Inc. for J20-26 Lakeview sewer
extension; a check of $56,823.50 to Tetra Tech, Inc. for J20-37 Timber Ridge Rehabilitation.
Additionally: a wire of $3,587.98 to Bank of America for September 2021 interest accrual
payment.
The balance of $487,088.30 are routine invoices.
The Accounts Payable check register total is $3,598,483.07; Payroll No. 20 total is
$321,734.92, Payroll No. 21 total is $322,971.98, and Payroll No. 22 is $317,047.68; where
disbursements for this agenda report total is $4,560,237.65. A summary of the
disbursements is attached.
Page 58 of 208
ATTACHMENTS:
1.11/17/21 - Cap Sheet
2.10/26/21 - Check Register
3.11/17/21 - Check Register
4.11/17/21 - Credit Card
5.11/17/21 - BOD Credit Card
Page 59 of 208
CHECK NUMBERS:
10/26/2021 Computer Checks 78850-78923 919,357.20$
11/17/2021 Computer Checks 78924-79018 265,123.67
1,184,480.87$
WIRES:
W101121 Southern Calif Edison Co 44,508.28$
W101421 MWDOC 2,364,570.02
W101421A Southern Calif Gas Co 721.92
W101421B Switch 614.00
W102821 Bank of America 3,587.98
2,414,002.20$
3,598,483.07$
PAYROLL NO. 20:
Direct Deposits 203,473.98$
Payroll Taxes 55,119.97
EFT -- CalPERS 42,566.14
Third Party Checks 7628 - 7632 20,574.83
321,734.92$
PAYROLL NO. 21:
Direct Deposits 198,257.16$
Payroll Taxes 53,264.99
EFT -- CalPERS 45,849.43
Third Party Checks 7634 - 7642 25,600.40
322,971.98$
PAYROLL NO. 22:
Direct Deposits 196,715.45$
Payroll Taxes 54,863.81
EFT -- CalPERS 44,408.17
Third Party Checks 7643 - 7647 21,060.25
317,047.68$
961,754.58$
4,560,237.65$
================================================================
MEETING OF NOVEMBER 17, 2021
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
================================================================
DISBURSEMENT TOTAL
Summary of Disbursements
November 17, 2021
------------------------------------------------------------------------------------------------------------------
TOTAL OF PAYROLLS
TOTAL OF CHECKS & WIRES
Page 60 of 208
Check No.Date Vendor Name Amount Description
78850 10/26/2021 BRAD KERR 87.58 CUSTOMER REFUND
78851 10/26/2021 DAVID PEDERSON 1,878.30 CUSTOMER REFUND
78852 10/26/2021 JON POLENTZ PROPERTY MANAGEMENT CO 387.81 CUSTOMER REFUND
78853 10/26/2021 RENEE G RECORD 174.99 CUSTOMER REFUND
78854 10/26/2021 AUBRIE FRANCIS 73.15 CUSTOMER REFUND
78855 10/26/2021 ACWA/JPIA 348,506.77 MEDICAL & DENTAL PREMIUM NOVEMBER 2021
WORKERS COMPENSATION 7/1-9/30
AUTO & GENERAL LIABILITY INSURANCE 10/21-9/22
78856 10/26/2021 ACWA-Assn Of Ca Water Agencies 24,730.00 2022 ANNUAL AGENCY DUES
78857 10/26/2021 AIRGAS INC 493.09 WELDING SUPPLIES
78858 10/26/2021 Alternative Hose Inc. 584.53 PARTS FOR SEWER VEHICLES & HOSE PARTS
78859 10/26/2021 Aramark 509.66 UNIFORM SERVICE
78860 10/26/2021 AT & T - Calnet3 1,484.29 ATT CALNET
78861 10/26/2021 Azteca Systems Inc 51,000.00 SERVER AMS ELA - ANNUAL RENEWAL
78862 10/26/2021 BASE HILL INC. 3,712.58 JANITORIAL SERVICES
78863 10/26/2021 Backflow Apparatus & Valve Co., Inc 139.31 PRODUCTION PARTS FOR BACKFLOWS
78864 10/26/2021 B.L. Wallace Distributor, Inc. 2,635.48 METER LIDS & METER BOXES
78865 10/26/2021 BrightView Tree Care Services Inc. 2,004.62 LANDSCAPE SERVICE
78866 10/26/2021 Brooke Jones 40.88 MILAGE REIMBURSEMENT
78867 10/26/2021 CDM Smith 15,726.75 J21-29 PROFESSIONAL SERVICES AUGUST 2021
78868 10/26/2021 CDW Government, Inc 2,764.43 SINGLEWIRE INFORMCAST ANNUAL RENEWAL
78869 10/26/2021 CertaPro Painters of Huntigton Beach 82,000.00 PAINTING OF YLWD HEADQUARTERS
78870 10/26/2021 City Of Placentia 5,356.23 ENCROACHMENT PERMIT & SEWER COLLECTIONS - SEPTEMBER 2021
78871 10/26/2021 CliftonLarsonAllen LLP 9,285.00 J21-10 FY2020-2021 AUDIT SERVICES
78872 10/26/2021 Coast Surveying, Inc. 402.00 PROFESSIONAL SERVICES AUGUST 2021
78873 10/26/2021 Culligan of Santa Ana 636.55 EQUIPMENT PE SOFTENER
78874 10/26/2021 Dick's Lock & Safe Inc. 293.70 LOCK REPAIR WORK - FAIRMONT
78875 10/26/2021 Diversified Communications Services, Inc. 2,405.00 J21-34 & J21-37 SECURITY CAMERA UPGRADE
78876 10/26/2021 Enthalpy Analytical, Inc. 3,546.00 WATER QUALITY TESTING
78877 10/26/2021 Excel Paving Company 91,038.50 J20-61 GRANDVIEW & RIDGE WAY WATERLINE IMPROVEMENT
78878 10/26/2021 EyeMed 1,412.46 EYEMED PREMIUM - OCTOBER 2021
78879 10/26/2021 Grainger 1,061.16 SCADA TOOLS & PARTS FOR UNIT #197
78880 10/26/2021 Haaker Equipment Co. 7,980.92 SEWER CAMERA REPAIR PARTS & REPAIR FOR UNIT #210
78881 10/26/2021 Hach Company 508.95 WATER QUALITY WORK MATERIALS
78882 10/26/2021 Harrington Industrial 578.56 WAREHOUSE MATERIALS
78883 10/26/2021 Hashtag Pinpoint 4,000.00 STRATEGIC COMMUNICATIONS SEPTEMBER 2021
78884 10/26/2021 Hayes Automation Inc. 501.00 SCADA MATERIAL
78885 10/26/2021 Hydrex Pest Control 208.00 PEST CONTROL
78886 10/26/2021 Infosend Inc. 6,870.55 BILLING & POSTAGE CUSTOMER BILL
78887 10/26/2021 Jackson's Auto Supply - Napa 28.34 MECHANIC SHOP SUPPLIES
78888 10/26/2021 KB Design 4,196.26 EMBROIDERY FOR YLWD SHIRTS
78889 10/26/2021 Kidman Gagen Law 21,921.60 LEGAL SERVICES - SEPTEMBER 2021
78890 10/26/2021 Krieger & Stewart, Incorporated 7,082.17 J21-01 PROFESSIONAL SERVICES - AUGUST 2021
78891 10/26/2021 Managed Health Network 168.75 EAP - OCTOBER 2021
78892 10/26/2021 Mc Fadden-Dale Hardware 611.85 TOOLS & EQUIPMENT
78893 10/26/2021 Mc Master-Carr Supply Co. 435.35 PRODUCTION EQUIPMENT
78894 10/26/2021 Measurement Control Systems, Inc 320.48 PRESSURE GAUGES
78895 10/26/2021 MedPost Urgent Care 75.00 EMPLOYEE PHYSICALS
78896 10/26/2021 NatPay Online Business Solutions 40.46 DOCULIVERY - SEPTEMBER 2021
78897 10/26/2021 Nickey Kard Lock Inc 6,194.72 FUEL 9/16/21-9/30/21
78898 10/26/2021 Office Solutions 1,455.75 OFFICE SUPPLIES
78899 10/26/2021 Orange County - Tax Collector 12,277.24 PROPERTY TAX FY 2021-2022
78900 10/26/2021 Orange County Water Assn. 270.00 2021 OPERATOR EXPO REGISTRATION - 6 ATTEND
78901 10/26/2021 Pillsbury Winthrop Shaw Pittman LLP 2,160.00 EMPLOYEE BENEFITS ADVICE
78902 10/26/2021 Praxair Distribution 189.81 WELDING SUPPLIES
78903 10/26/2021 Red Wing Shoes 405.15 SAFETY BOOTS FOR STAFF
78904 10/26/2021 Resource Computer Solutions 10,438.47 J21-34 HIDDEN HILLS RADIO LINK
78905 10/26/2021 RMJ Technologies 20,397.75 GTB ANNUAL RENEWAL 9/21-8/22
78906 10/26/2021 Shred Confidential, Inc. 63.00 MONTHLY SHRED SERVICE
For Checks Dated: 10/14/2021 thru 10/26/2021
Yorba Linda Water District
Check Register
Page 61 of 208
78907 10/26/2021 South Coast AQMD 2,343.34 EMISSIONS FEE
78908 10/26/2021 Rachel Padilla/Petty Cash 12.10 J20-61 MILAGE - ORANGE COUNTY CLERK
78909 10/26/2021 Staples Business Advantage 2,183.58 OPERATIONS & GIS OFFICE SUPPLIES
78910 10/26/2021 Sunrise Medical Group 1,640.00 J20-15 TESTING EXPENSE & EMPLOYEE PHYSICAL
78911 10/26/2021 T. E. Roberts, Inc 68,023.80 J20-26 LAKEVIEW SEWER EXTENSION
78912 10/26/2021 Tetra Tech, Inc. 56,823.50 J20-37 PROFESSIONAL SERVICES - TIMBER RIDGE JULY 2021
78913 10/26/2021 T-Mobile 0.35 T-MOBILE 8/21-9/20
78914 10/26/2021 Townsend Public Affairs, Inc. 2,500.00 CONSULTING SERVICES - OCTOBER 2021
78915 10/26/2021 Underground Service Alert 568.80 NEW TICKET CHARGES & CA STATE FEE
78916 10/26/2021 Utility Systems, Science & Software, Inc. 12,966.00 SCADA RADIO WORK
78917 10/26/2021 United Water Works, Inc. 3,497.00 OPERATIONS WORK MATERIAL
78918 10/26/2021 Wayne Miller 335.96 TRAVEL EXPENSE REIMBURSEMENT
78919 10/26/2021 Web Cam Pro Shop 1,120.00 J20-34 OCULARIS SOFTWARE
78920 10/26/2021 Westside Building Material 296.83 WAREHOUSE MATERIALS
78921 10/26/2021 West Coast Batteries Inc 290.30 BATTERIES FOR MECHANIC SHOP
78922 10/26/2021 Zetroc Electric LLC 2,470.00 ELECTRICAL WORK FOR OPERATIONS OFFICE
78923 10/26/2021 Konica Minolta Business 534.69 COPY CHARGES FOR C258 & C558
W101121 10/11/2021 Southern Calif Edison Co. 44,508.28 ELECTRIC CHARGES - SEPTEMBER 2021 VARIOUS LOCATIONS
W101421 10/14/2021 Municipal Water District 2,364,570.02 WATER DELIVERIES - AUGUST 2021
W101421A 10/14/2021 Southern Calif Gas Co. 721.92 GAS CHARGES - SEPTEMBER 2021 VARIOUS LOCATIONS
W101421B 10/14/2021 Switch Ltd 614.00 DATA HOSTING CO-LOCATION
3,329,771.42
09/30/2021 PAYROLL - EMPLOYEE DIRECT DEPOSIT 203,473.98
09/30/2021 PAYROLL - PAYROLL TAX PAYMENT 55,119.97
09/30/2021 PAYROLL - CALPERS & TASC 42,566.14
7628 09/30/2021 Colonial Life & Accident 112.61
7629 09/30/2021 Lincoln Financial Group 4,534.61
7630 09/30/2021 Nationwide Retirement Solutions 15,175.77
7631 09/30/2021 California State Disbursement Unit 366.92
7632 09/30/2021 California State Disbursement Unit 384.92
321,734.92
Payroll Checks #20
Page 62 of 208
Check No.Date Vendor Name Amount Description
78924 11/17/2021 GERARD MAHONEY 21,670.90 CUSTOMER REFUND
78925 11/17/2021 LINDA AMANNA 89.45 CUSTOMER REFUND
78926 11/17/2021 ROBERT BEEBOWER 68.90 CUSTOMER REFUND
78927 11/17/2021 LONNIE FISCHER 2,012.60 CUSTOMER REFUND
78928 11/17/2021 NICOLETA ISTRATE 13.47 CUSTOMER REFUND
78929 11/17/2021 CATARINA JUAREZ 3.15 CUSTOMER REFUND
78930 11/17/2021 TOLL BROTHERS 61.54 CUSTOMER REFUND
78931 11/17/2021 MYRON WHITE 64.46 CUSTOMER REFUND
78932 11/17/2021 WEI CHEN 372.74 CUSTOMER REFUND
78933 11/17/2021 DEAN RATLIFF 11.00 CUSTOMER REFUND
78934 11/17/2021 PROGRESSIVE PROPERTY MANAGEMENT 139.20 CUSTOMER REFUND
78935 11/17/2021 TRACI MEDINA 110.83 CUSTOMER REFUND
78936 11/17/2021 KM PROP MGMT GROUP 327.21 CUSTOMER REFUND
78937 11/17/2021 COLDWELL BANKER DIAMOND 407.62 CUSTOMER REFUND
78938 11/17/2021 JOHN TESSITORE 20.18 CUSTOMER REFUND
78939 11/17/2021 JK FURAI YORBA 759.60 CUSTOMER REFUND
78940 11/17/2021 AIRGAS INC 64.02 WELDING SUPPLIES
78941 11/17/2021 Amazon Capital Services 622.35 OPERATIONS TOOLS, PART FOR UNIT #175 & OFFICE SUPPLIES
78942 11/17/2021 America's Instant Signs 2,406.07 YLWD SIGNS & DECALS & WINDSOCK
78943 11/17/2021 Aramark 800.06 UNIFORM SERVICE
78944 11/17/2021 AT & T - Calnet3 1,886.22 ATT CALNET
78945 11/17/2021 Backflow Apparatus & Valve Co., Inc 196.06 PRODUCTION PARTS FOR BACKFLOWS
78946 11/17/2021 Bee Busters, Inc 150.00 COLONY ABATEMENT
78947 11/17/2021 BrightView Tree Care Services Inc.1,445.40 LANDSCAPE SERVICE
78948 11/17/2021 Calif Special Districts Assn 8,195.00 2022 CSDA MEMBERSHIP RENEWAL
78949 11/17/2021 CalCard US Bank 27,250.51 CREDIT CARD TRANSACTIONS - OCTOBER 2021
78950 11/17/2021 Certified Laboratories 384.83 WAREHOUSE MATERIALS
78951 11/17/2021 CIPO CLOUD SOFTWARE INC 475.00 CLOUD MONTHLY SUBSCRIPTION
78952 11/17/2021 City Of Anaheim - Anaheim Public Utilities 4,448.42 ELECTRICAL CHARGES SEPTEMBER 2021 - VARIOUS LOCATIONS
78953 11/17/2021 City Of Placentia 802.00 ENCROACHMENT PERMITS
78954 11/17/2021 Clinical Lab. Of San Bern.1,730.00 WATER QUALITY LAB WORK
78955 11/17/2021 Cogsdale Services Corporation 3,750.00 SOFTWARE & ADDITIONAL CSM LOCATIONS
78956 11/17/2021 Community Lock & Safe Service, Inc.22.77 KEY COPIES
78957 11/17/2021 Creative Safety Supply, LLC 1,513.14 LABEL MAKER FOR PRODUCTION
78958 11/17/2021 C. Wells Pipeline 2,759.32 HYDRANT REPAIR PARTS
78959 11/17/2021 Dell Financial Services LLC 2,417.66 DELL PRO SUPPORT
78960 11/17/2021 Discount Tire Centers (Andonian Enterprises Inc.)598.55 TIRES FOR UNIT #183
78961 11/17/2021 Doringer Cold Saws, Inc.62.78 SAW BLADES FOR MECHANIC SHOP
78962 11/17/2021 DUKE'S ROOT CONTROL INC 13,488.38 SEWER ROOT CONTROL
78963 11/17/2021 E. H. Wachs Company 66.32 PARTS FOR UNIT #195
78964 11/17/2021 Elite Equipment Inc 1,042.97 SEWER TOOLS
78965 11/17/2021 Factory Motor Parts 1,193.44 PARTS FOR UNIT #184,183 & 204
78966 11/17/2021 Fairway Ford Sales, Inc.927.58 REPAIR FOR UNIT# 194
78967 11/17/2021 Hach Company 76.61 WATER QUALITY WORK MATERIALS
78968 11/17/2021 Harrington Industrial 751.09 A/C FILTERS
78969 11/17/2021 Heat Transfer Solutions, Inc 26,311.90 J21-42 BOILER REPLACEMENT
78970 11/17/2021 Infosend Inc.3,649.67 BILLING & POSTAGE CUSTOMER BILL
78971 11/17/2021 International Training & Rehab Tech, Inc.5,890.00 NASSCO TRAINING - 6 ATTEND
78972 11/17/2021 Jackson's Auto Supply - Napa 1,926.39 PARTS FOR UNIT #195
78973 11/17/2021 Jeremy Smith 705.00 EDUCATION EXPENSE REIMBURSEMENT
78974 11/17/2021 Jesse Diaz 192.00 CERTIFICATION REIMBURSEMENT - COLLECTIONS 1
78975 11/17/2021 KB Design 1,418.10 EMBROIDERY FOR YLWD HATS & SHIRTS
78976 11/17/2021 KELLY MCCANN 27.00 CPA RENEWAL FEES REIMBURSEMENT
78977 11/17/2021 Kimball Midwest 1,113.17 MECHANIC SHOP SUPPLIES
78978 11/17/2021 Liebert Cassidy Whitmore 2,546.50 PROFESSIONAL SERVICES - SEPTEMBER 2021
78979 11/17/2021 Mario S. Banuelos 2,300.00 J21-43 LAKEVEIW STORAGE WELDING WORK
78980 11/17/2021 Mc Fadden-Dale Hardware 49.27 PRODUCTION TOOLS
78981 11/17/2021 Measurement Control Systems, Inc 133.43 PRESSURE GAUGES
78982 11/17/2021 MedPost Urgent Care 555.00 EMPLOYEE PHYSICALS
78983 11/17/2021 MICHAEL FRAUENTHAL & ASSOCIATES INC 4,500.00 J19-23 WELL 23 SITE APPRAISAL
78984 11/17/2021 NextRequest Co.6,063.75 PRA MANAGEMENT SOFTWARE ANNUAL SUBSCRIPTION 12/21-11/22
78985 11/17/2021 Nickey Kard Lock Inc 5,873.21 FUEL 10/1/21-10/15/21
78986 11/17/2021 Office Solutions 37.82 OFFICE SUPPLIES
For Checks Dated: 10/27/2021 thru 11/17/2021
Yorba Linda Water District
Check Register
Page 63 of 208
78987 11/17/2021 Orange County - Tax Collector 125.00 OCSD RADIO CHARGE
78988 11/17/2021 Partition Specialties Inc.10,441.00 PARTITION REPAIR WORK IN BOARD ROOM
78989 11/17/2021 Precision Aerial Services, Inc 805.85 PARTS FOR UNIT #235
78990 11/17/2021 Pride Construction Engineering Services 19,250.00 J20-35 GARDENIA RESEVIOR REPAIRS
78991 11/17/2021 Psomas & Associates 10,215.00 J21-02 PROFESSIONAL SERVICES - SEPTEMBER 2021
78992 11/17/2021 P.T.I. Sand & Gravel, Inc.5,636.75 ROAD MATERIAL
78993 11/17/2021 Quinn Company 259.32 PARTS FOR UNIT #220
78994 11/17/2021 Raftelis Financial Consultants, Inc.3,693.75 PROFESSIONAL SERVICES SEPTEMBER 2021
78995 11/17/2021 Red Wing Shoes 176.70 SAFETY BOOTS FOR STAFF
78996 11/17/2021 Resource Computer Solutions 19,948.50 J20-05 & J21-34 WORK & IT CONSULTING 10/15/21-11/14/21
78997 11/17/2021 Schorr Metals, Inc.2,652.38 J21-43 LAKEVIEW STORAGE WORK MATERIALS
78998 11/17/2021 Shred Confidential, Inc.63.00 MONTHLY SHRED SERVICE
78999 11/17/2021 South Coast AQMD 582.74 EMISSIONS FEE
79000 11/17/2021 Rachel Padilla/Petty Cash 109.17 HEALTH & BENEFITS FAIR SUPPLIES, FOOD FOR STAFF WORKING OT & TOOLS
79001 11/17/2021 Staples Business Advantage 169.97 GIS PRINTER SUPPLIES
79002 11/17/2021 Sunrise Medical Group 450.00 FLU SHOTS - HEALTH & BENEFITS FAIR
79003 11/17/2021 Trench Shoring 2,400.00 SAFETY TRAINING
79004 11/17/2021 Uline 916.92 RECYCLE SERVICES
79005 11/17/2021 United Industries 1,100.74 OPERATIONS PPE SUPPLIES
79006 11/17/2021 United Rentals 209.57 OPERATIONS EQUIPMENT RENTAL
79007 11/17/2021 UNUM Life Insurance Co. of America 5,125.00 LIFE,AD&D,STD<D- NOVEMBER 2021
79008 11/17/2021 United Water Works, Inc.3,922.73 OPERATIONS WORK MATERIAL
79009 11/17/2021 Westside Building Material 568.58 WAREHOUSE MATERIALS
79010 11/17/2021 WIENHOFF DRUG TESTING 125.00 DOT SECOND CHANCE POLICY - HR DEPARTMENT
79011 11/17/2021 YO Fire 805.44 OPERATIONS WORK MATERIAL
79012 11/17/2021 Zep Manufacturing 516.70 CLEANING SUPPLIES
79013 11/17/2021 Konica Minolta Business 263.95 COPY CHARGES FOR C258 & C558
79014 11/17/2021 Safety-Kleen Systems Inc 539.42 HAZARDOUS MATERIAL DISPOSAL
79017 11/17/2021 CA Assn of Mutual Water Companies 5,000.00 COMMUNITY WATER SYSTEMS ALLIANCE MEMEBERSHIP FEE FY21/22
79018 11/17/2021 Clark County Assessor 98.88 NEVADA CLARK COUNTY PROPERTY TAX FEE FY21/22
W102821 10/28/2021 Bank Of America 3,587.98 INTEREST ON BOA LOC - OCTOBER 2021
268,711.65
10/14/2021 PAYROLL - EMPLOYEE DIRECT DEPOSIT 198,257.16
10/14/2021 PAYROLL - PAYROLL TAX PAYMENT 53,264.99
10/14/2021 PAYROLL - CALPERS & TASC 45,849.43
7634 10/14/2021 Colonial Life & Accident 112.61
7635 10/14/2021 Lincoln Financial Group 4,644.47
7636 10/14/2021 Nationwide Retirement Solutions 15,441.93
7637 10/14/2021 California State Disbursement Unit 384.92
7638 10/14/2021 California State Disbursement Unit 366.92
7639 10/14/2021 Allstate 1,320.98
7640 10/14/2021 Midland 200.00
7641 10/14/2021 Reliance 66.61
7642 10/14/2021 Ameritas 3,061.96
322,971.98
10/28/2021 PAYROLL - EMPLOYEE DIRECT DEPOSIT 196,715.45
10/28/2021 PAYROLL - PAYROLL TAX PAYMENT 54,863.81
10/28/2021 PAYROLL - CALPERS & TASC 44,408.17
7643 10/28/2021 Colonial Life & Accident 112.61
7644 10/28/2021 Lincoln Financial Group 4,614.13
7645 10/28/2021 Nationwide Retirement Solutions 15,581.67
7646 10/28/2021 California State Disbursement Unit 384.92
7647 10/28/2021 California State Disbursement Unit 366.92
317,047.68
Payroll Checks #21
Payroll Checks #22
Page 64 of 208
Vendor Name Amount Description
VONS 67.39 SUPPLIES FOR ENGINEERING MEETING
ACWA-Assn Of Ca Water Agencies 725.00 ACWA FALL CONFERENCE REGISTRATION - JONES, B
Pacific Coast Art & Frame 338.44 REFRAME & GLASS FOR SERVICE AREA MAP
Nexa Receptionists, LLC 379.25 AFTER HOURS PHONE SERVICE
Grainger 77.53 A/C REPAIR PARTS
Home Depot 38.89 WINDOW BLINDS
Home Depot 96.67 FACILITIES REPAIR PARTS
Verizon Wireless 3,935.88 VERIZON 7/21-8/20
Pacific Urgent Care Center 860.00 J20-15 TESTING EXPENSE
Donut Star 24.00 TRAINING CLASS SUPPLIES
Donut Star 18.75 SAFETY MEETING SUPPLIES
Schorr Metals, Inc.75.39 MIRALOMA GATE REPAIR PARTS
Home Depot 349.08 BAND SAW FOR MECHANICS SHOP
Home Depot 221.15 WIRE STRIPPER & FAIRMONT LIGHT BALLAST
THE SACRAMENTO BEE 259.99 DIGITAL MEDIA SUBSCRIPTION - KNIGHT, G
Donut Star 36.00 SAFETY MEETING SUPPLIES
Home Depot 345.04 FACILITIES ELECTRICAL SUPPLIES & PAINTING TOOLS
Time Warner Cable 657.03 INTERNET & DISTRICT TV SERVICES
Republic Services #676 557.72 DISPOSAL SERVICE
ONLINE Information Services, Inc.592.85 ONLINE UTILITY EXCHANGE & COLLECTION
Burt Process Equipment 959.50 FLOW SENSORS FOR PRODUCTION
Stored Energy Systems, LLC 829.18 BATTERY CHARGER FOR HIGHLAND GENERATOR
ZOOM 77.96 VIRTUAL MEETING SUBSCRIPTION
SMARTSHEET 19.00 MONTHLY SOFTWARE SUBSCRIPTION
Sister Sicily Pizza 227.26 PRA LUNCH MEETING SUPPLIES
Republic Services #676 608.67 DISPOSAL SERVICE
Schorr Metals, Inc.110.52 ALUMINIUM SHEET FOR FACILITIES REPAIR
Home Depot 246.75 ELECTRICAL METAL SHEARS FOR MECHANIC SHOPS
Home Depot 162.45 WATER OPERATIONS TOOLS
Home Depot 38.60 DUCT TAPE
Ralphs 20.99 PRA LUNCH MEETING SUPPLIES
Adobe 52.99 SOFTWARE LICENSE
THE SACRAMENTO BEE 15.99 DIGITAL MEDIA SUBSCRIPTION - BARBRE, B
Maguroya 58.43 BREAKFAST MEETING - 3 ATTEND
Blake's Place 93.75 NEW HIRE LUNCH - 5 ATTEND
Home Depot 19.63 INSECT SPRAY
Home Depot 81.38 ELECTRICAL SUPPLIES FOR FACILITIES
Amazon Capital Services 161.67 RETIREMENT SERVICE RECOGNITION
Liebert Cassidy Whitmore 75.00 J20-15 SUPPLEMENTAL PAID LEAVE WEBINAR
Home Depot 169.43 WAREHOUSE SUPPLIES
Stater Bros. Markets 10.84 TRAINING CLASS SUPPLIES
STATION DONUT 31.20 TRAINING CLASS SUPPLIES
Home Depot 75.91 DRILL BIT & CAULKING
Minuteman Press 62.85 BUSINESS CARDS - DAVERT, D
VONS 96.86 RETIREMENT LUNCHEON SUPPLIES
Home Depot 376.05 J21-37 BOOM TRUCK RENTAL
Home Depot 12.78 CONNECTORS FOR HIGHLAND GENERATOR
La Petite 90.88 OFFICE EXPENSE
Michaels Arts & Crafts, Brea #2111 99.95 OFFICE SUPPLIES
Home Depot 358.14 FAST SET CONCRETE - 64 BAGS
KENNYS DONUTS 86.95 SAFETY MEETING SUPPLIES
American Fleet Service Solutions 971.32 REPAIRS FOR UNIT #215
VONS 35.92 RETIREMENT LUNCHEON SUPPLIES
Amazon Capital Services 32.60 RETIREMENT SERVICE RECOGNITION
Francisco Meat Co 360.90 DISTRICT MEETING SUPPLIES
Costco 266.10 DISTRICT MEETING SUPPLIES
76 Gas Station 25.06 DRINKS FOR STAFF WORKING OT
Albertsons 47.30 RETIREMENT LUNCHEON SUPPLIES
17-Nov-21
Cal Card Credit Card
U S Bank
Page 65 of 208
Total Administrative Service Corp (TASC)250.00 FSA COMPLIANCE FEE
Party City 12.93 RETIREMENT LUNCHEON SUPPLIES
Trader Joes 38.70 RETIREMENT LUNCHEON SUPPLIES
SSL Guru 79.00 FIREWALL CERTIFICATE
Northgate Markets 59.00 RETIREMENT LUNCHEON SUPPLIES
Time Warner Cable 215.57 INTERNET & DISTRICT TV SERVICES
Arizent 37.50 CA PUBLIC FINANCE EVENT REGISTRATION - LUGO, D
Arizent 37.50 CA PUBLIC FINANCE EVENT REGISTRATION - DAVERT, D
El Farolito 272.63 RETIREMENT LUNCHEON SUPPLIES
Sunstate Equipment Co 25.86 PROPANE TANK REFILL
BACKGROUNDS ONLINE 283.00 NEW HIRE BACKGROUND CHECKS
Costco 169.67 WATER PROFESSIONALS WEEK SUPPLIES
Smart & Final 105.38 WATER PROFESSIONALS WEEK SUPPLIES
Amazon Capital Services 197.82 FRAMES FOR ENGINEERING DRAWINGS
Duke's Cafe 92.23 NEW HIRE LUNCH - 7 ATTEND
Staples 77.36 DISTRICT MEETING SUPPLIES
Red Wing Shoes 4.35 SAFETY BOOTS FOR STAFF
Red Wing Shoes 359.02 SAFETY BOOTS FOR STAFF
Red Wing Shoes 206.87 SAFETY BOOTS FOR STAFF
Costco 87.15 DISTRICT MEETING SUPPLIES
Albertsons 27.24 WATER PROFESSIONALS WEEK SUPPLIES
Albertsons 25.15 WATER PROFESSIONALS WEEK SUPPLIES
Stater Bros. Markets 56.81 TRAINING CLASS SUPPLIES
Foundation Building Materials 138.00 REPLACEMENT CEILING TILES
Orange County Water Assn.70.00 OCWA MEMBERSHIP RENEW- DAVERT, D
Home Depot 18.91 OFFICE SUPPLIES
Home Depot 179.95 CLEANING & PAINTING SUPPLIES
PORKY'S PIZZA 355.64 WATER PROFESSIONALS WEEK SUPPLIES
Powers Electric Products 214.47 PRODUCTION TOOLS
Home Depot 159.44 FACILITIES TOOLS & PAINTING SUPPLIES
Home Depot 726.88 DIMMER SWITCHES
SMARTSIGN 968.16 SAFETY SIGNS - VARIOUS LOCATIONS
VONS 27.64 WATER PROFESSIONALS WEEK SUPPLIES
FedEx Office 51.52 CAFR REOPORT BINDING
Time Warner Cable 221.94 INTERNET & DISTRICT TV SERVICES
Amazon Capital Services 45.20 SERVICE RECOGNITION AWARD
Amazon Capital Services 38.05 SERVICE RECOGNITION AWARD
Blue Agave Restaurant 114.23 ADMINISTRATION LUNCH MEETING - 6 ATTEND
Home Depot 36.64 SEWER CREW SUPPLIES
Alliant Insurance Services, Inc.290.00 BENEFITS FAIR EVENT INSURANCE
Minuteman Press 125.70 BUSINESS CARDS - COLVIN, T & BRUNDAHL, J
Amazon Capital Services 20.87 DIGALERT EQUIPMENT - FLAGS
Time Warner Cable 2,035.25 INTERNET & DISTRICT TV SERVICES
KENNYS DONUTS 87.95 SAFETY MEETING SUPPLIES
Home Depot 181.67 ELECTRICAL SUPPLIES FOR WELLS
Home Depot 124.85 PLUMBING & ELECTRICAL SUPPLIES
Corner Bakery 1,570.00 BENEFITS FAIR LUNCH
27,250.51
Page 66 of 208
BOD Vendor Name Document Amount Description
Jones, Brooke ACWA-Assn Of Ca Water Agencies 725.00 ACWA FALL CONFERENCE REGISTRATION - JONES, B
725.00
17-Nov-21
Cal Card Credit Card
Board of Directors
Page 67 of 208
ITEM NO. 8.6.
AGENDA REPORT
MEETING DATE:November 17, 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 September 30,
2021
RECOMMENDATION:
That the Board of Directors receive and file the Budget to Actual Reports for the Month Ending
September 30, 2021.
BACKGROUND:
For the month ending September 30, 2021, staff is presenting the 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 for the month ending September 30,
2021, reflects an average decrease of 7.32% as compared to the prior year for the same
reporting period. Residential customer connections had the largest decrease in consumption
sales of 11.12% as compared to reported results from the prior year.
Total Variable Costs results, as reported through the month ending September 30, 2021,
reflect a 58.49% increase when compared to prior year for the same reporting period. The
increase in costs is predominantly reflective of purchasing imported water to meet 100% of
system demand.
STRATEGIC PLAN INITIATIVE(S):
G2 3B – Regularly assess net position and steps to meet strategic goals.
ATTACHMENTS:
1.Financial Reports and Graphs for September 2021
Page 68 of 208
FY22 Annual
Budget
YTD Actuals thru
September 2021
YTD % of
Budget
Water Revenue (Residential)15,834,595$ 4,945,276$ 31.23%
Water Revenue (Commercial & Fire Det.)1,555,486 485,121 31.19%
Water Revenue (Landscape/Irrigation)3,782,756 1,375,930 36.37%
Service Charges 13,412,193 3,223,172 24.03%
PFAS Impact Fee 894,116 444,614 49.73%
Other Operating Revenue 771,723 231,532 30.00%
Total Operating Revenue 36,250,869 10,705,645 29.53%
Revenue (Non-Operating):
Interest 240,000 4,194 1.75%
Property Taxes 2,025,000 38,912 1.92%
Property Taxes - CFC Charges 2,985,028 - 0.00%
Other Non-Operating Revenue 591,046 125,903 21.30%
Total Non-Operating Revenue 5,841,074 169,009 2.89%
Total Revenue 42,091,943$ 10,874,654$ 25.84%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)
Water-Related Costs 18,147,954$ 6,728,027$ 37.07%
Fixed Costs 1,426,078 242,854 17.03%
Power-Related Costs 1,755,798 121,175 6.90%
Variable Water Costs Related Expenses Total 21,329,830 7,092,056 33.25%
Salary Related Expenses 10,467,250 2,163,093 20.67%
Reduction for Capital Project Labor (344,250) (88,657) 25.75%
Salary Related Expenses Total 10,123,000 2,074,436 20.49%
Supplies & Services
Communications 139,402 30,971 22.22%
Contractual Services 584,405 110,521 18.91%
Data Processing 303,500 33,350 10.99%
Dues & Memberships 82,295 19,199 23.33%
Fees & Permits 339,889 65,740 19.34%
Board Election - - 0.00%
Insurance 263,500 63,975 24.28%
Materials 692,120 168,626 24.36%
District Activities, Emp Recognition 45,026 4,140 9.19%
Maintenance 778,630 159,405 20.47%
Non-Capital Equipment 128,208 24,751 19.31%
Office Expense 37,821 6,958 18.40%
Professional Services 1,510,723 213,703 14.15%
Training 61,277 2,167 3.54%
Travel & Conferences 79,511 2,047 2.57%
Uncollectible Accounts 8,330 873 10.48%
Utilities 169,150 40,542 23.97%
Vehicle Expenses 302,770 55,930 18.47%
Supplies & Services Sub-Total 5,526,557 1,002,898 18.15%
Total Operating Expenses 36,979,387 10,169,390 27.50%
Expenses (Non-Operating)
Other Expense 7,665 24,588 320.78%
Total Non-Operating Expenses 7,665 24,588 320.78%
Total Expenses 36,987,052$ 10,193,978$ 27.56%
Net Revenues 5,104,891 680,676 13.33%
Less: Debt Service (Principal & Interest)2,728,919 11,275 0.41%
Transfer to/(from) Reserves 2,375,972 669,401 28.17%
Net Total -$ -$
Yorba Linda Water District
Water Enterprise
FY21 ProForma - Use of Funds
September 2021
Page 69 of 208
Yorba Linda Water District
Summary Financial Report
Water & Sewer Funds
For Period Ending September 30, 2021
Annual YTD Sept YTD YTD Actual Prior Year Prior Year YTD Actual YTD Actual
Budget Budget Actual Actual (Under) Over Sept Actual Actual (thru vs vs
FY22 FY22 FY22 FY22 YTD Budget FY21 Sept 2020)PY Actual $PY Actual %
Revenue (Operating):
Water Revenue (Residential)$15,834,595 $4,978,996 $1,824,897 4,945,276$ (33,720)$ $2,042,411 $5,564,085 (618,809)-11.12%
Water Revenue (Commercial & Fire Det.)1,555,486 508,799 178,083 485,121 (23,678)181,588 499,933 (14,812)-2.96%
Water Revenue (Landscape/Irrigation)3,782,756 1,237,339 511,999 1,375,930 138,591 552,868 1,493,607 (117,677)-7.88%
Water Revenue (Service Charge)13,412,193 3,258,048 1,126,445 3,223,172 (34,876)969,985 2,817,411 405,761 14.40%
Water Revenue (PFAS Impact Fee)894,116 447,058 148,366 444,614 (2,444) - - 444,614 0.00%
Sewer Charge Revenue 2,844,118 711,030 242,232 689,966 (21,064)209,941 622,645 67,321 10.81%
Locke Ranch Assessments 331,878 - 2,719 3,115 3,115 157 157 2,958 0.00%
Other Operating Revenue 812,526 216,364 73,881 272,574 56,210 64,001 222,395 50,179 22.56%
Total Operating Revenue:39,467,668 11,357,634 4,108,622 11,439,768 82,134 4,020,951 11,220,233 219,535 1.96%
Revenue (Non-Operating):
Interest 308,000 47,500 3,794 11,729 (35,771)7,401 33,617 (21,888)-65.11%
Property Tax 2,025,000 - 35,545 38,912 38,912 29,739 33,111 5,801 0.00%
Property Taxes - CFC Charges 2,985,028 - - - - - - - 0.00%
Other Non-Operating Revenue 601,446 150,362 2,551 140,703 (9,659)18,440 191,240 (50,537)-26.43%
Total Non-Operating Revenue:5,919,474 197,862 41,890 191,344 (6,518)55,580 257,968 (66,624)-25.83%
Total Revenue 45,387,142 11,555,496 4,150,512 11,631,112 75,616 4,076,531 11,478,201 152,911 1.33%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)21,329,830 6,976,987 2,240,006 7,092,056 115,069 1,448,941 4,474,684 2,617,372 58.49%
Salary Related Expenses 12,050,996 2,469,143 1,121,040 2,430,937 (38,206)772,163 2,057,601 373,336 18.14%
Supplies & Services 6,506,608 1,344,652 342,329 1,174,891 (169,761)405,025 1,122,042 52,850 4.71%
Total Operating Expenses 39,887,434 10,790,782 3,703,375 10,697,884 (92,898)2,626,129 7,654,327 3,043,558 39.76%
Expenses (Non-Operating):
Interest on Long Term Debt 1,286,985 321,746 106,508 319,791 (1,956) 111,427 334,524 (14,734) -4.40%
Other Expense 13,365 2,866 4,597 24,588 21,722 7,576 (1,907)26,495 -1389.36%
Total Non-Operating Expenses:1,300,350 324,612 111,105 344,379 19,766 119,003 332,617 11,762 3.54%
Total Expenses 41,187,784 11,115,394 3,814,480 11,042,263 (73,132)2,745,132 7,986,944 3,055,319 38.25%
Net Position Before Capital Contributions 4,199,358 440,102 336,032 588,849 148,748 1,331,399 3,491,257 (2,902,408) -83.13%
Capital Contributions (Non-Cash - - - - 3,560 3,560 (3,560)
Transaction GASB 34 Compliant)
Net Position Before Depreciation 4,199,358 440,102 336,032 588,849 148,748 1,334,959 3,494,817 (2,905,968)-83.15%
Depreciation & Amortization 8,115,685 2,028,921 661,265 1,983,795 (45,126) 642,522 1,927,566 56,229 2.92%
Total Net Position ($3,916,327)($1,588,819)(325,233) (1,394,946) $193,874 $692,437 $1,567,251 ($2,962,197)-189.01%
(405,000) (101,251) (41,635)(109,008) (109,008) (38,314)(69,875)(39,133) 56.00%
(With September 30, 2020 for comparison purposes)
Page 70 of 208
Annual YTD Sept YTD YTD Actual Prior Year Prior YTD YTD Actual YTD - CUR
Budget Budget Actual Actual (Under)Over Sept Actual Actual (thru vs vs
FY22 FY22 FY22 FY22 YTD Budget FY21 Sept 2020) PY Actual $PY Actual %
Revenue (Operating):
Water Revenue (Residential)15,834,595$ $4,978,996 1,824,897$ 4,945,276$ (33,720)$ 2,042,411$ 5,564,085$ (618,809)$ -11.12%
Water Revenue (Commercial & Fire Det.)1,555,486 508,799 178,083 485,121 (23,678) 181,588 499,933 (14,812) -2.96%
Water Revenue (Landscape/Irrigation)3,782,756 1,237,339 511,999 1,375,930 138,591 552,868 1,493,607 (117,677) -7.88%
Water Revenue (Service Charge)13,412,193 3,258,048 1,126,445 3,223,172 (34,876) 969,985 2,817,411 405,761 14.40%
Water Revenue (PFAS Impact Fee)894,116 447,058 148,366 444,614 (2,444) - - 444,614 0.00%
Other Operating Revenue 771,723 206,163 72,710 231,532 25,370 62,558 191,917 39,615 20.64%
Total Operating Revenue:36,250,869 10,636,404 3,862,500 10,705,645 69,241 3,809,410 10,566,953 138,692 1.31%
Revenue (Non-Operating):
Interest 240,000 30,500 1,370 4,194 (26,306) 5,062 22,992 (18,798) -81.76%
Property Tax 2,025,000 - 35,545 38,912 38,912 29,739 33,112 5,800 0.00%
Property Taxes - CFC Charges 2,985,028 - - - - - - - 0.00%
Other Non-Operating Revenue 591,046 147,762 9,356 125,903 (21,859) 23,129 189,543 (63,640) -33.58%
Total Non-Operating Revenue:5,841,074 178,262 46,271 169,009 (9,253) 57,930 245,647 (76,638) -31.20%
Total Revenue 42,091,943 10,814,665 3,908,771 10,874,654 59,989 3,867,340 10,812,600 62,054 0.57%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)21,329,830 6,976,987 2,240,006 7,092,055 115,068 1,448,941 4,474,684 2,617,371 58.49%
Salary Related Expenses 10,123,000 2,110,102 953,509 2,074,436 (35,666) 696,242 1,858,651 215,785 11.61%
Supplies & Services:
Communications 139,402 34,851 6,725 30,971 (3,880) 8,350 22,582 8,389 37.15%
Contractual Services 584,405 123,601 32,953 110,521 (13,080) 32,740 93,515 17,006 18.19%
Data Processing 303,500 38,875 19,502 33,350 (5,525) 32,419 98,889 (65,539) -66.28%
Dues & Memberships 82,295 20,574 2,364 19,199 (1,375) 3,463 11,317 7,882 69.65%
Fees & Permits 339,889 75,472 20,275 65,740 (9,732) 3,595 47,082 18,658 39.63%
Insurance 263,500 65,875 19,434 63,975 (1,900) 22,237 72,537 (8,562) -11.80%
Materials 692,120 173,030 48,912 168,626 (4,404) 77,093 186,599 (17,973) -9.63%
District Activities, Emp Recognition 45,026 11,257 1,586 4,140 (7,117) 2,655 4,036 104 2.58%
Maintenance 778,630 169,658 24,321 159,405 (10,253) 16,966 66,844 92,561 138.47%
Non-Capital Equipment 128,208 32,052 9,991 24,751 (7,301) 9,927 37,387 (12,636) -33.80%
Office Expense 37,821 9,455 3,282 6,958 (2,497) 3,693 6,223 735 11.81%
Professional Services 1,510,723 228,681 66,691 213,703 (14,978) 60,939 145,343 68,360 47.03%
Training 61,277 15,319 350 2,167 (13,152) 1,882 10,745 (8,578) -79.83%
Travel & Conferences 79,511 19,878 2,205 2,047 (17,831) (504) (504) 2,551 0.00%
Uncollectible Accounts 8,330 2,083 (12) 873 (1,210) 2,409 2,434 (1,561) -64.13%
Utilities 169,150 42,288 13,318 40,542 (1,745) 49,346 83,424 (42,882) -51.40%
Vehicle Equipment 302,770 65,193 19,506 55,930 (9,262) 46,662 130,078 (74,148) -57.00%
Supplies & Services Sub-Total 5,526,557 1,128,139 291,403 1,002,899 (125,241) 373,872 1,018,532 (15,633) -1.53%
Total Operating Expenses 36,979,387 10,215,229 3,484,918 10,169,390 (45,839) 2,519,055 7,351,867 2,817,523 38.32%
Expenses (Non-Operating):
Interest on Long Term Debt 1,286,985 321,746 106,508 319,791 (1,955) 111,427 334,524 (14,733) -4.40%
Other Expense 7,665 1,916 4,597 24,588 22,672 7,576 (1,907) 26,495 -1389.36%
Total Non-Operating Expenses:1,294,650 323,663 111,105 344,379 20,717 119,003 332,617 11,762 3.54%
Total Expenses 38,274,037 10,538,891 3,596,023 10,513,769 (25,122) 2,638,058 7,684,484 2,829,285 36.82%
Net Position Before Capital Contributions 3,817,906 275,774 312,748 360,885 85,111 1,229,282 3,128,116 (2,767,231) -88.46%
Capital Contributions (Non-Cash Transaction -- - - - - - - -
GASB 34 Compliant)
Net Position Before Depreciation 3,817,906 275,774 312,748 360,885 85,111 1,229,282 3,128,116 (2,767,231) -88.46%
Depreciation & Amortization 6,590,000 1,647,500 535,418 1,606,254 (41,246) 520,406 1,561,218 45,036 2.88%
Total Net Position (2,772,094)$ (1,371,726)$ (222,670)$ (1,245,369) 126,357$ 708,876$ 1,566,898$ (2,812,267)$ -179.48%
Capital - Direct Labor (344,250) (86,063)(30,319) (88,657) (2,595) (34,229) (64,628) (24,029) 37.18%
Yorba Linda Water District
Water Fund
For Period Ending September 30, 2021
(With September 30, 2020 for comparison purposes)
Page 71 of 208
$7,019,857
$9,181,734
$9,628,327
$10,047,564
$9,897,568 …
$10,812,600
$10,874,654
.57%
$6,292,986
$7,593,409 $7,502,195
$8,067,575 $7,909,321 $7,684,484
$10,513,769
36.82%
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
Sept. 2015 Sept. 2016 Sept. 2017 Sept. 2018 Sept. 2019 Sept. 2020 Sept. 2021
Water Revenues & Expenses -September
(excludes Depreciation, Special Items, and Contributed Capital )
Total Revenue Total Expenses
Page 72 of 208
Annual YTD Sept YTD YTD Actual Prior Year Prior Year YTD Actual YTD - CUR
Budget Budget Actual Actual (Under)Over Sept Actual Actual (thru vs vs
FY22 FY22 FY22 FY22 YTD Budget FY21 Sept 2020)PY Actual $PY Actual %
Revenue (Operating):
Sewer Charge Revenue $2,844,118 $711,030 $242,232 689,966$ ($21,064)$209,941 $622,645 $67,321 10.81%
Locke Ranch Assessments 331,878 - 2,719 3,115$ 3,115 157 157 2,958 0.00%
Other Operating Revenue 40,803 10,201 1,171 41,042$ 30,841 1,442 30,477 10,565 34.67%
Total Operating Revenue:3,216,799 721,230 246,122 734,123$ 12,893 211,540 653,279 80,844 12.38%
Revenue (Non-Operating):
Interest 68,000 17,000 2,424 7,535$ (9,465)2,339 10,625 (3,090)-29.08%
Other Non-Operating Revenue 10,400 2,600 (6,805) 14,800$ 12,200 (4,689) 1,697 13,103 772.13%
Total Non-Operating Revenue:78,400 19,600 (4,381)22,335$ 2,735 (2,350) 12,322 10,013 81.27%
Total Revenue 3,295,199 740,830 241,741 756,458$ 15,628 209,190 665,601 90,857 13.65%
Expenses (Operating):
Salary Related Expenses 1,927,996 359,041 167,531 356,501 (2,540)75,920 198,949 157,552 79.19%
Supplies & Services:
Communications 24,600 6,150 1,187 7,285 1,135 629 1,700 5,585 328.53%
Contractual Services 87,335 21,834 5,088 16,502 (5,332)2,079 5,789 10,713 185.06%
Data Processing 46,500 11,625 3,442 6,185 (5,440)2,187 7,190 (1,005)-13.98%
Dues & Memberships 14,504 3,626 417 3,388 (238)261 852 2,536 297.65%
Fees & Permits 47,951 11,988 3,292 9,584 (2,404)244 1,480 8,104 547.57%
Insurance 46,500 11,625 3,430 11,290 (335)1,674 5,460 5,830 106.78%
Materials 73,030 15,758 644 7,422 (8,336)414 1,355 6,067 447.75%
District Activities, Emp Recognition 7,946 1,987 280 731 (1,256)200 304 427 140.46%
Maintenance 229,770 38,943 11,615 28,953 (9,990)12,025 26,325 2,628 0.00%
Non-Capital Equipment 63,742 15,936 4,001 7,319 (8,617)488 6,752 567 8.40%
Office Expense 6,674 1,669 579 1,228 (441)267 457 771 168.71%
Professional Services 159,417 39,854 8,510 54,175 14,321 3,780 21,665 32,510 150.06%
Training 16,748 4,187 31 508 (3,679)121 960 (452)-47.08%
Travel & Conferences 16,084 4,021 243 (540) (4,561)(16) (16) (524)0.00%
Uncollectible Accounts 1,470 368 (2) 293 (75)435 499 (206)-41.28%
Utilities 29,850 7,463 2,350 7,155 (308)3,714 6,279 876 13.95%
Vehicle Equipment 107,930 19,483 5,821 10,514 (8,969)2,651 16,459 (5,945)-36.12%
Supplies & Services Sub-Total 980,051 216,513 50,928 171,992 (44,521) 31,153 103,510 68,482 66.16%
Total Operating Expenses 2,908,047 575,554 218,459 528,493 (47,061) 107,073 302,459 226,034 74.73%
Expenses (Non-Operating):
Interest Expense - - - - - - - - -
Other Expense 5,700 950 - - (950) - - - -
Total Non-Operating Expenses:5,700 950 - - (950) - - - -
Total Expenses 2,913,747 576,504 218,459 528,493 (48,011) 107,073 302,459 226,034 74.73%
Net Position Before Capital Contributions 381,452 164,326 23,282 227,965 63,639 102,117 363,142 (135,177) -37.22%
Capital Contributions (Non-Cash Transaction -- - - - - 3,560 3,560 (3,560) 3,560
GASB 34 Compliant)
Net Position Before Depreciation 381,452 164,326 23,282 227,965 63,639 105,677 366,702 (138,737) -37.83%
Depreciation & Amortization 1,525,685 381,421 125,847 377,541 (3,880)122,116 366,348 11,193 3.06%
Total Net Position (1,144,233) (217,095) (102,565) (149,576) 67,519 (16,439) 354 (149,930) -42411.67%
Capital - Direct Labor (60,750)(15,188) (11,316) (20,351)(5,164) (4,085) (5,247) (15,104)287.86%
Yorba Linda Water District
Sewer Fund
For Period Ending September 30, 2021
(With September 30, 2020 for comparison purposes)
Page 73 of 208
$432,431
$478,690
$542,272
$607,757
$670,161 $665,601
$756,458
13.65%
$306,993 $319,263 $320,218
$262,673
$311,851 $302,459
$528,493
74.73%
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
Sept. 2015 Sept. 2016 Sept. 2017 Sept. 2018 Sept. 2019 Sept. 2020 Sept. 2021
Sewer Revenues & Expenses -September
(excludes Depreciation, Special Items, and Contributed Capital)
Total Revenue Total Expenses
Page 74 of 208
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
2,412,958 2,439,092
2,240,006
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
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 FY22 Var Costs
Page 75 of 208
ITEM NO. 8.7.
AGENDA REPORT
MEETING DATE:November 17, 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 the Period Ending September 30,
2021
RECOMMENDATION:
That the Board of Directors receive and file the Cash and Investment Report for the Period
Ending September 30, 2021.
BACKGROUND:
Government Code Section 530607, et. seq., requires the person delegated to invest funds to
make a monthly report of investments to the legislative body. The Cash and Investment
Portfolio Report presents the market value and percent yield for all District investments by
institution. The Cash and 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 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 September 30, 2021, is .30%.
The District's Total Cash and Investment balance as of September 30, 2021, resulted in an
overall decrease in the investment balance from the previous month is approximately
$3,124,577. A larger balance includes a decrease in the Water Operating Fund of $2,887,301
due to Debt Service principal/interest payment and a negative net effect between operating
revenues and expenses through the reporting month of the fiscal year. The Sewer Operating
Fund had a decrease of $37,826 due to the negative net effect between operating revenues
and expenses through the reporting month of the fiscal year. The Water Capital Project
Reserve Fund had a decrease of $151,152 due to covering the cost of pay-go capital
purchases, and the PARS fund decreased by $47,903 due to a decrease in the value of
investments.
Page 76 of 208
STRATEGIC PLAN INITIATIVES:
G2 4C - Manage cash flow to maximize investment income.
ATTACHMENTS:
1.Cash and Investment Reports and Graphs for September 2021
Page 77 of 208
Market %Date of Percent
Value Par of Total Institution Maturity Yield
Checking Account:
866,093$ 866,093$ Wells Fargo Bank
866,093$ 866,093$ 2.29%Total 0.00%
Money Market Accounts:
0$ 0$ US Bank (Revenue Bonds)0.00%
2,555,504$ 2,555,504 US Bank (Money Market)0.01%
1,680,373$ 1,680,373 Public Agency Retirement Svcs. (PARS)
4,235,878$ 4,235,878$ 11.22%Total 0.01%
Certificates of Deposits:
249,608$ 247,000 PrivateBank & Tr Chicago Ill CTF 03/30/22 2.18%
248,883$ 245,000 Capital One Bank USA 06/27/22 2.17%
248,883$ 245,000 Capital One Bank NA 06/27/22 2.17%
248,974$ 245,000 Ally Bank 06/27/22 2.21%
248,974$ 245,000 Sallie Mae Bank 06/27/22 2.21%
248,670$ 245,000 Synchrony 05/17/22 2.41%
249,278$ 245,000 Morgan Stanley Bank NA 06/13/22 2.51%
1,743,270$ 1,717,000$ 4.62%Total 2.27%
Pooled Investment Accounts:
30,899,491$ 30,899,491$ Local Agency Investment Fund 0.22%
30,899,491$ 30,899,491$ 81.86%0.22%
37,744,732$ 37,718,462$ 100%Total Investments 0.30%
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.
9/30/21
Yorba Linda Water District
Cash & Investment Portfolio Report
September 30, 2021
________________________________
Kelly McCann, Senior Accountant
Page 78 of 208
Below is a chart summarizing the yields as well as terms and maturities for the month of September 2021:
Average # of
Month Portfolio Days to
of 2021 Yield Maturity
September 0.30%12
Below are charts comparing operating fund interest for current and prior fiscal years.
Actual Interest 9/30/2020 9/30/2021
Monthly - September 7,759$ 4,393$
Year-to-Date 33,976$ 12,328$
Budget 2020/2021 2021/2022
Interest Budget, September YTD 176,250$ 77,000$
Interest Budget, Annual 705,000$ 308,000$
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 $37.7 million which is allocated between the established
reserve funds, Wells Fargo Checking Account, and restricted funds held at U.S. Bank for the Bond payment and PARS for
the pension/OPEB payments. The number of Days in Cash are 281 for the Un-Restricted Water Reserve balance and 876 for the
Un-Restricted Sewer Reserve balances, as of September 30, 2021, which is subject to change with the final audited numbers.
FY22 Reserve Cash and
Requirements Investments
August 2021 % Alloc September 2021 % Alloc "Target Available for
Fund Description Balance 8/31/2021 Balance 9/30/2021 Levels"CY Obligations
Water Operating Reserve 15,059,516$ 40.05%12,810,694$ 36.40%16,790,090$ (3,979,396)$
Water Emergency Reserve 7,325,976$ 19.48%7,325,550$ 20.81%6,915,040 410,510
Water Capital Project Reserve 3,751,597$ 9.98%3,600,444$ 10.23%11,861,304 (8,260,860)
MWD Contingency Reserve -$ 0.00%-$ 0.00%0 0
Rate Stabilization Reserve 4,239,953$ 11.28%4,239,908$ 12.05%4,195,582 44,326
Un-Restricted Water Reserve Balance 30,377,042 27,976,596$ 39,762,016 (11,785,420)
Conservation Reserve 105,853$ 0.28%105,853$ 0.30%105,769 84
Employee Liability Reserve 309,288 0.82%309,288 0.88%309,040 248
Restricted Reserve Balance 415,141 415,141$ 414,809 332
Sewer Operating Reserve 3,700,097$ 9.84%3,699,645$ 10.51%2,945,513 754,132
Sewer Emergency Reserve 1,965,068 5.23%1,965,147 5.58%1,926,014 39,133
Sewer Capital Project Reserve 1,141,737 3.04%1,141,737 3.24%1,837,000 (695,263)
Un-Restricted Sewer Reserve Balance 6,806,901 6,806,528$ 6,708,527 98,001
Total Reserve Balances 37,599,085$ 100.00%35,198,266$ 100.00%46,885,352$ (11,687,086)$
Water Operating 1,023,902 385,422
Sewer Operating 518,046 480,671
1,541,948 866,093
Rev. Bond 2012A & 2017A-Principal & Interest 0 0
Public Agency Retirement Svc. -PARS (Restricted)1,728,277 1,680,373
Total Cash and Investments 40,869,310$ 37,744,732$
Cash & Investment Summary Report
Cash & Investment Summary Comparison Between Current and Previous Month
Wells Fargo Bank Checking
US Bank Held (Restricted)
Page 79 of 208
Checking Account:866,093$ 2.29%
Money Market Accounts:4,235,878$ 11.22%
Certificates of Deposit:1,743,270$ 4.62%
Pooled Investment Accounts:30,899,491$ 81.86%
Total 37,744,732$ 100.00%
Checking Account:
2.29%
Money Market Accounts:
11.22%
Certificates of Deposit:
4.62%
Pooled Investment Accounts:
81.86%
INVESTMENT BALANCES (AS OF 9 -30-2021)
Checking Account:Money Market Accounts:Certificates of Deposit:Pooled Investment Accounts:
Page 80 of 208
Yorba Linda Water District
Fair Value Measurement Report
September 30, 2021
Quoted Observable Unobservable
Prices Inputs Inputs
Investments Level 1 Level 2 Level 3 Total
Local Agency Investment Fund - 30,899,491 - 30,899,491
Negotiable Certificates of Deposit - 1,743,270 - 1,743,270
Total Investments -$ 32,642,762$ -$ 32,642,762$
Page 81 of 208
Transaction
Date Transaction Description
Water Operating
Pension
Water Operating
OPEB
Sewer Operating
Pension
Sewer Operating
OPEB Account Total
Beginning Balance as of 7/1/20 870,961.56 662,095.61 90,207.30 78,236.46 1,701,500.93
7/31/2021 Management Fees (429.46)(326.47)(44.48)(38.57) 1,700,661.95
7/31/2021 Investment Gain/(Loss) 4,178.40 3,176.38 432.77 375.33 1,708,824.83
8/31/2021 Management Fees (433.71)(329.71)(44.92)(38.96) 1,707,977.53
8/31/2021 Investment Gain/(Loss) 10,390.85 7,899.01 1,076.20 933.39 1,728,276.98
9/30/2021 Management Fees (433.75)(329.73)(44.92)(38.96)1,727,429.62
9/30/2021 Investment Gain/(Loss) (24,087.23)(18,310.85)(2,494.76)(2,163.70)1,680,373.08
Account Balance by Account Type 860,146.66 653,874.24 89,087.19 77,264.99 1,680,373.08$
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 243,115.31$ 152,014.41 395,129.72
Total Management Fees from Inception (15,336.46)$ (8,214.18) (23,550.64)
Balance as of 8-31-21 = 949,233.85$ 731,139.23$ 1,680,373.08$
PARS (Public Agency Retirement Services) Funding Reconciliation
Page 82 of 208
$26,794,629 $25,435,084
$26,355,959
$28,156,312 $28,112,936
$29,060,435
$27,976,596
365 360 360 354 337
320
281
60
110
160
210
260
310
360
410
$20,000
$5,020,000
$10,020,000
$15,020,000
$20,020,000
$25,020,000
$30,020,000
$35,020,000
Sept. 2015 Sept. 2016 Sept. 2017 Sept. 2018 Sept. 2019 Sept. 2020 Sept. 2021
Unrestricted Reserves & Days in Cash (Water)
Unrestricted Reserves (Water)Days in Cash (Water)
Page 83 of 208
ITEM NO. 8.8.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Delia Lugo, Finance Manger
Kelly McCann, Senior Accountant
SUBJECT:Unaudited Financial Statements for the First Quarter of FY 2021-22
RECOMMENDATION:
That the Board of Directors receive and file the Unaudited Financial Statements for the First
Quarter of Fiscal Year 2021-22.
BACKGROUND:
For the period, ending September 30, 2021, staff is presenting “unaudited” statements in the
CAFR format. We have included a Statement of Net Position, a Debt Service Ratio
Calculation, a ProForma Use of Funds Statement, 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 $2,730,399. This is prominently due to an increase in operating costs and
decrease in Capital Assets with the depreciating of these assets during the fiscal year.
Cumulative Volumetric Water Revenue, as reported through the Period Ending September 30,
2021, reflects an average decrease in customer consumption of approximately 4.66% as
compared to prior year for the same reporting period. Landscape/Irrigation classified customer
connections have had the largest increase in consumption for this reporting period.
Total Variable Water Costs results reflect 58.49% increase when compared to prior year for
the same reporting period. The increase in costs is reflective of the District's increased costs
with switching to 100% import supply.
With the issuance of the Refunding Revenue Bonds, Series 2017A the District covenanted
“…to fix, prescribe and collect rates and charges for Water Service which will be at least
sufficient to yield during each Fiscal Year, Net Revenues equal to 125% of the Debit Service
for such Fiscal Year.” To confirm the covenant is upheld, staff calculates the Debt Service
Ratio quarterly and is received and filed by the Board of Directors. Accordingly, the
“unaudited” Debt Service Ratio Calculation of the Water Enterprise for the Period Ending
Page 84 of 208
September 30, 2021, being reported at 73%.
STRATEGIC PLAN INITIATIVE(S):
G2 3B – Regularly assess net position and steps to meet strategic goals.
ATTACHMENTS:
1.Financial Reports and Graphs for 1st Qtr of FY21-22
2.Review of 1st Qtr Results
3.Review of Fitch Medians
Page 85 of 208
ASSETS September 2021 September 2020
CURRENT ASSETS:
Cash and cash equivalents 34,325,667$ 34,357,698$
Investment 3,423,643 3,967,432
Accounts receivable - water and sewer services 5,470,373 5,320,791
Accrued interest receivable 10,541 27,434
Prepaid expenses & other deposits 1,359,591 1,091,696
Inventory 449,358 322,706
TOTAL CURRENT ASSETS 45,039,173 45,087,757
NONCURRENT ASSETS:
Bond issuance costs 294,858 319,689
Deferred Pension Plan 2,142,350 2,224,306
Deferred OPEB Plan 594,377 539,981
Capital assets:
Non-depreciable 4,019,508 4,837,583
Depreciable, net of accumulated depreciation 179,150,962 181,729,991
TOTAL NONCURRENT ASSETS 186,202,055 189,651,550
TOTAL ASSETS 231,241,229 234,739,307
LIABILITIES
CURRENT LIABILITIES:
Accounts payable 5,639,771 4,510,436
Accrued expenses 9,164 21,672
Refunding Revenue Bond(s) - current portion 1,350,000 1,290,000
Compensated absences 502,394 446,453
Net OPEB Obligation 4,488 4,262
Customer and construction deposits 1,150,663 1,212,346
Deferred revenue 73,378 170,539
TOTAL CURRENT LIABILITIES 8,729,858 7,655,708
LONG-TERM LIABILITIES (LESS CURRENT PORTION):
Deferred annexation revenue 11,999,079 12,494,125
Compensated absences 1,507,183 1,339,346
Net Pension Liability 10,323,992 9,372,305
Net OPEB Liability 1,203,767 1,465,534
Deferred Pension Plan 80,778 418,786
Deferred OPEB Plan 304,828 374,225
Deferred Inflow - Gain on Bond 86,612 91,707
Refunding Revenue Bond(s) 33,245,133 34,851,110
Line of Credit 1,443,751 1,443,751
TOTAL LONG TERM LIABILITIES (LESS
CURRENT PORTION)60,195,123 61,850,889
TOTAL LIABILITIES 68,924,981 69,506,597
NET ASSETS:162,316,248$ 165,232,710$
YORBA LINDA WATER DISTRICT
UNAUDITED COMBINING SCHEDULE OF NET ASSETS
September 30, 2021
(With September 30, 2020 Actuals for comparison only)
Page 86 of 208
September 2021 September 2020
OPERATING REVENUES:
Water sales 10,466,486$ 9,908,697$
Sewer revenues 713,393 607,408
Other operating revenues 272,574 222,394
TOTAL OPERATING REVENUES 11,452,453 10,738,499
OPERATING EXPENSES
Variable water costs 7,092,056 4,474,684
Personnel services 2,609,952 2,166,207
Supplies and services 1,183,899 1,147,216
Depreciation and amortization 2,192,412 1,927,566
TOTAL OPERATING EXPENSES 13,078,319 9,715,673
OPERATING INCOME/(LOSS)(1,625,866) 1,022,826
NONOPERATING REVENUES (EXPENSES):
Property taxes 38,912 33,111
Investment income 12,327 33,975
Interest expense (319,791) (334,524)
Other nonoperating revenues 140,703 191,240
Other nonoperating expenses (24,588) 1,907
TOTAL NONOPERATING REVENUES/EXPENSES (152,437) (74,291)
NET INCOME/(LOSS) BEFORE CAPITAL
CONTRIBUTIONS, SPECIAL/EXTRAORDINARY ITEM(S)(1,778,303) 948,535
SPECIAL ITEM(S) - CONSERVATION CREDIT - -
SPECIAL ITEM(S) - RATE CREDIT - -
CAPITAL CONTRIBUTIONS - 3,560
CHANGES IN NET ASSETS (1,778,303) 952,095
NET ASSETS - BEGINNING OF YEAR 164,094,551 164,280,615
NET ASSETS - FOR PERIOD END SEPTEMBER 30, 2021 162,316,248$ 165,232,710$
YORBA LINDA WATER DISTRICT
UNAUDITED COMBINING SCHEDULE OF REVENUES, EXPENSES
AND CHANGES IN NET ASSETS
September 30, 2021
(With September 30, 2020 Actuals for comparison only)
Page 87 of 208
YTD Debt Prior YTD PY Debt
Actual Service Actual Service
FY21 Calculation FY20 Calculation
Revenue (Operating):
Water Revenue (Residential)4,937,649$ 4,937,649$ 5,097,746$ 5,097,746$
Water Revenue (Commercial & Fire Det.)485,121 485,121 499,933 499,933
Water Revenue (Landscape/Irrigation)1,375,930 1,375,930 1,493,607 1,493,607
Water Revenue (Service Charge)3,223,172 3,223,172 2,817,411 2,817,411
Water Revenue (PFAS Impact Fee)444,614 444,614 - -
Other Operating Revenue 231,532 231,532 191,917 191,917
Total Operating Revenue:10,698,018 10,698,018 10,100,614 10,100,614
Revenue (Non-Operating):
Interest 4,792 4,792 23,350 23,350
Property Tax 38,912 38,912 33,111 33,111
Other Non-Operating Revenue 125,903 125,903 189,543 189,543
Total Non-Operating Revenue:169,607 169,607 246,004 246,004
Total Revenue 10,867,625 10,867,625 10,346,618 10,346,618
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)7,092,056 7,092,056 4,474,684 4,474,684
Salary Related Expenses 2,239,269 2,239,269 1,959,430 1,959,430
Supplies & Services 1,011,907 1,011,907 1,043,706 1,043,706
Depreciation 1,820,709 - 1,561,218 -
Total Operating Expenses 12,163,941 10,343,232 9,039,038 7,477,820
Expenses (Non-Operating):
Interest on Long Term Debt 319,791 - 334,524 -
Other Expense 24,588 24,588 (1,907)(1,907)
Total Non-Operating Expenses:344,379 24,588 332,617 (1,907)
Total Expenses 12,508,320 10,367,820 9,371,655 7,475,913
Net Position Before Capital
Contributions/Special Items (1,640,695) 499,805 974,963 2,870,705
Special Item - Conservation Credit - - - -
Transfers (To)/From - - - -
Capital Contributions (Non-Cash Transaction -- - - -
GASB 34 Compliant)
Net Position (1,640,695)$ 499,805$ 974,963$ 2,870,705$
DEBT SERVICE RATIO CALCULATION:
Net Revenues 499,805$ 2,870,705$
Debt Service 682,230$ 682,345$
%73% 421%
Yorba Linda Water District
Unaudited Water Enterprise Debt Service Ratio Calculation
For Period Ending September 30, 2021
(With September 30, 2021 for comparison purposes)
Page 88 of 208
Yorba Linda Water District
Summary Financial Report
Water & Sewer Funds
For Period Ending September 30, 2021
Annual YTD Sept YTD YTD Actual Prior Year Prior Year YTD Actual YTD Actual
Budget Budget Actual Actual (Under) Over Sept Actual Actual (thru vs vs
FY22 FY22 FY22 FY22 YTD Budget FY21 Sept 2020)PY Actual $PY Actual %
Revenue (Operating):
Water Revenue (Residential)$15,834,595 $4,978,996 $1,817,270 4,937,649$ (41,347)$ $1,576,072 $5,097,746 (160,097)-3.14%
Water Revenue (Commercial & Fire Det.)1,555,486 508,799 178,083 485,121 (23,678)181,588 499,933 (14,812)-2.96%
Water Revenue (Landscape/Irrigation)3,782,756 1,237,339 511,999 1,375,930 138,591 552,868 1,493,607 (117,677)-7.88%
Water Revenue (Service Charge)13,412,193 3,258,048 1,126,445 3,223,172 (34,876)969,985 2,817,411 405,761 14.40%
Water Revenue (PFAS Impact Fee)894,116 447,058 148,366 444,614 (2,444) - - 444,614 0.00%
Sewer Charge Revenue 2,844,118 711,030 262,543 710,278 (752)194,547 607,251 103,027 16.97%
Locke Ranch Assessments 331,878 - 2,719 3,115 3,115 157 157 2,958 0.00%
Other Operating Revenue 812,526 216,364 73,881 272,574 56,210 64,001 222,395 50,179 22.56%
Total Operating Revenue:39,467,668 11,357,634 4,121,306 11,452,453 94,819 3,539,218 10,738,500 713,953 6.65%
Revenue (Non-Operating):
Interest 308,000 47,500 4,393 12,328 (35,172)7,759 33,976 (21,648)-63.72%
Property Tax 2,025,000 - 35,545 38,912 38,912 29,739 33,111 5,801 0.00%
Property Taxes - CFC Charges 2,985,028 - - - - - - - 0.00%
Other Non-Operating Revenue 601,446 150,362 2,551 140,703 (9,659)18,440 191,240 (50,537)-26.43%
Total Non-Operating Revenue:5,919,474 197,862 42,489 191,943 (5,919)55,938 258,327 (66,384)-25.70%
Total Revenue 45,387,142 11,555,496 4,163,795 11,644,396 88,900 3,595,156 10,996,827 647,569 5.89%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)21,329,830 6,976,987 2,240,006 7,092,056 115,069 1,448,941 4,474,684 2,617,372 58.49%
Salary Related Expenses 12,050,996 2,669,143 1,300,055 2,609,952 (59,191)880,769 2,166,207 443,745 20.48%
Supplies & Services 6,506,608 1,344,652 351,338 1,183,900 (160,752)430,200 1,147,217 36,683 3.20%
Total Operating Expenses 39,887,434 10,990,782 3,891,399 10,885,908 (104,874)2,759,910 7,788,108 3,097,800 39.78%
Expenses (Non-Operating):
Interest on Long Term Debt 1,286,985 321,746 106,508 319,791 (1,956) 111,427 334,524 (14,734) -4.40%
Other Expense 13,365 2,866 4,597 24,588 21,722 7,576 (1,907)26,495 -1389.36%
Total Non-Operating Expenses:1,300,350 324,612 111,105 344,379 19,766 119,003 332,617 11,762 3.54%
Total Expenses 41,187,784 11,315,394 4,002,504 11,230,287 (85,108)2,878,913 8,120,725 3,109,562 38.29%
Net Position Before Capital Contributions 4,199,358 240,102 161,291 414,109 174,008 716,243 2,876,102 (2,461,993) -85.60%
Capital Contributions (Non-Cash - - - - 3,560 3,560 (3,560)
Transaction GASB 34 Compliant)
Net Position Before Depreciation 4,199,358 240,102 161,291 414,109 174,008 719,803 2,879,662 (2,465,553)-85.62%
Depreciation & Amortization 8,115,685 2,028,921 730,804 2,192,412 163,491 642,522 1,927,566 264,846 13.74%
Total Net Position ($3,916,327)($1,788,819)(569,513) (1,778,303) $10,517 $77,281 $952,096 ($2,730,399)-286.78%
(405,000) (101,251) (41,635)(109,008) (109,008) (38,314)(69,875)(39,133) 56.00%
(With September 30, 2020 for comparison purposes)
Page 89 of 208
Annual YTD Sept YTD YTD Actual Prior Year Prior YTD YTD Actual YTD - CUR
Budget Budget Actual Actual (Under)Over Sept Actual Actual (thru vs vs
FY22 FY22 FY22 FY22 YTD Budget FY21 Sept 2020) PY Actual $PY Actual %
Revenue (Operating):
Water Revenue (Residential)15,834,595$ $4,978,996 1,817,270$ 4,937,649$ (41,347)$ 1,576,072$ 5,097,746$ (160,097)$ -3.14%
Water Revenue (Commercial & Fire Det.)1,555,486 508,799 178,083 485,121 (23,678) 181,588 499,933 (14,812) -2.96%
Water Revenue (Landscape/Irrigation)3,782,756 1,237,339 511,999 1,375,930 138,591 552,868 1,493,607 (117,677) -7.88%
Water Revenue (Service Charge)13,412,193 3,258,048 1,126,445 3,223,172 (34,876) 969,985 2,817,411 405,761 14.40%
Water Revenue (PFAS Impact Fee)894,116 447,058 148,366 444,614 (2,444) - - 444,614 0.00%
Other Operating Revenue 771,723 206,163 72,710 231,532 25,370 62,558 191,917 39,615 20.64%
Total Operating Revenue:36,250,869 10,636,404 3,854,873 10,698,018 61,614 3,343,071 10,100,614 597,404 5.91%
Revenue (Non-Operating):
Interest 240,000 30,500 1,969 4,792 (25,708) 5,420 23,350 (18,558) -79.48%
Property Tax 2,025,000 - 35,545 38,912 38,912 29,739 33,111 5,801 0.00%
Property Taxes - CFC Charges 2,985,028 - - - - - - - 0.00%
Other Non-Operating Revenue 591,046 147,762 9,356 125,903 (21,859) 23,129 189,543 (63,640) -33.58%
Total Non-Operating Revenue:5,841,074 178,262 46,870 169,607 (8,655) 58,288 246,004 (76,397) -31.06%
Total Revenue 42,091,943 10,814,665 3,901,743 10,867,625 52,960 3,401,359 10,346,618 521,007 5.04%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)21,329,830 6,976,987 2,240,006 7,092,056 115,069 1,448,941 4,474,684 2,617,372 58.49%
Salary Related Expenses 10,123,000 2,280,102 1,118,342 2,239,269 (40,833) 797,021 1,959,430 279,839 14.28%
Supplies & Services:
Communications 139,402 34,851 6,725 30,971 (3,880) 8,350 22,582 8,389 37.15%
Contractual Services 584,405 123,601 32,953 110,521 (13,080) 32,740 93,515 17,006 18.19%
Data Processing 303,500 38,875 19,502 33,350 (5,525) 32,419 98,889 (65,539) -66.28%
Dues & Memberships 82,295 20,574 2,364 19,199 (1,375) 3,463 11,317 7,882 69.65%
Fees & Permits 339,889 75,472 29,284 74,749 (723) 28,769 72,256 2,493 3.45%
Insurance 263,500 65,875 19,434 63,975 (1,900) 22,237 72,537 (8,562) -11.80%
Materials 692,120 173,030 48,912 168,626 (4,404) 77,093 186,599 (17,973) -9.63%
District Activities, Emp Recognition 45,026 11,257 1,622 4,176 (7,081) 2,655 4,036 140 3.47%
Maintenance 778,630 169,658 24,321 159,405 (10,253) 16,966 66,845 92,560 138.47%
Non-Capital Equipment 128,208 32,052 9,956 24,715 (7,337) 9,927 37,387 (12,672) -33.89%
Office Expense 37,821 9,455 3,282 6,958 (2,497) 3,693 6,223 735 11.81%
Professional Services 1,510,723 228,681 66,691 213,703 (14,978) 60,939 145,343 68,360 47.03%
Training 61,277 15,319 350 2,167 (13,152) 1,882 10,745 (8,578) -79.83%
Travel & Conferences 79,511 19,878 2,205 2,047 (17,831) (504) (504) 2,551 0.00%
Uncollectible Accounts 8,330 2,083 (12) 873 (1,210) 2,409 2,434 (1,561) -64.13%
Utilities 169,150 42,288 13,318 40,542 (1,745) 49,346 83,424 (42,882) -51.40%
Vehicle Equipment 302,770 65,193 19,506 55,930 (9,263) 46,662 130,078 (74,149) -57.00%
Supplies & Services Sub-Total 5,526,557 1,128,139 300,413 1,011,907 (116,233) 399,046 1,043,706 (31,800) -3.05%
Total Operating Expenses 36,979,387 10,385,229 3,658,761 10,343,232 (41,997) 2,645,008 7,477,820 2,865,411 38.32%
Expenses (Non-Operating):
Interest on Long Term Debt 1,286,985 321,746 106,508 319,791 (1,955) 111,427 334,524 (14,733) -4.40%
Other Expense 7,665 1,916 4,597 24,588 22,672 7,576 (1,907) 26,495 -1389.36%
Total Non-Operating Expenses:1,294,650 323,663 111,105 344,379 20,717 119,003 332,617 11,762 3.54%
Total Expenses 38,274,037 10,708,891 3,769,866 10,687,611 (21,280) 2,764,011 7,810,437 2,877,173 36.84%
Net Position Before Capital Contributions 3,817,906 105,774 131,877 180,014 74,240 637,348 2,536,181 (2,356,166) -92.90%
Capital Contributions (Non-Cash Transaction -- - - - - - - - -
GASB 34 Compliant)
Net Position Before Depreciation 3,817,906 105,774 131,877 180,014 74,240 637,348 2,536,181 (2,356,166) -92.90%
Depreciation & Amortization 6,590,000 1,647,500 606,903 1,820,709 173,209 520,406 1,561,218 259,491 16.62%
Total Net Position (2,772,094)$ (1,541,726)$ (475,026)$ (1,640,695) (98,969)$ 116,942$ 974,963$ (2,615,657)$ -268.28%
Capital - Direct Labor (344,250) (86,063)(30,319) (88,657) (2,595) (34,229) (64,628) (24,029) 37.18%
Yorba Linda Water District
Water Fund
For Period Ending September 30, 2021
(With September 30, 2020 for comparison purposes)
Page 90 of 208
$7,019,857
$9,181,734
$9,628,327
$10,047,564
$9,897,568 …
$10,346,618
$10,867,625
5.04%
$6,292,986
$7,593,409 $7,502,195
$8,067,575 $7,909,321 $7,810,437
$10,687,611
36.84%
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
Sept. 2015 Sept. 2016 Sept. 2017 Sept. 2018 Sept. 2019 Sept. 2020 Sept. 2021
Water Revenues & Expenses -September
(excludes Depreciation, Special Items, and Contributed Capital )
Total Revenue Total Expenses
Page 91 of 208
Annual YTD Sept YTD YTD Actual Prior Year Prior Year YTD Actual YTD - CUR
Budget Budget Actual Actual (Under)Over Sept Actual Actual (thru vs vs
FY22 FY22 FY22 FY22 YTD Budget FY21 Sept 2020)PY Actual $PY Actual %
Revenue (Operating):
Sewer Charge Revenue $2,844,118 $711,030 $262,543 710,278$ ($752)$194,547 $607,251 $103,027 16.97%
Locke Ranch Assessments 331,878 - 2,719 3,115$ 3,115 157 157 2,958 0.00%
Other Operating Revenue 40,803 10,201 1,171 41,042$ 30,841 1,442 30,477 10,565 34.67%
Total Operating Revenue:3,216,799 721,230 266,433 754,435$ 33,205 196,146 637,885 116,550 18.27%
Revenue (Non-Operating):
Interest 68,000 17,000 2,424 7,535$ (9,465)2,339 10,625 (3,090)-29.08%
Other Non-Operating Revenue 10,400 2,600 (6,805) 14,800$ 12,200 (4,689) 1,697 13,103 772.13%
Total Non-Operating Revenue:78,400 19,600 (4,381)22,335$ 2,735 (2,350) 12,322 10,013 81.27%
Total Revenue 3,295,199 740,830 262,052 776,770$ 35,940 193,796 650,207 126,563 19.47%
Expenses (Operating):
Salary Related Expenses 1,927,996 389,041 181,713 370,683 (18,358)83,748 206,777 163,906 79.27%
Supplies & Services:
Communications 24,600 6,150 1,187 7,285 1,135 629 1,700 5,585 328.53%
Contractual Services 87,335 21,834 5,088 16,502 (5,332)2,079 5,789 10,713 185.06%
Data Processing 46,500 11,625 3,442 6,185 (5,440)2,187 7,190 (1,005)-13.98%
Dues & Memberships 14,504 3,626 417 3,388 (238)261 852 2,536 297.65%
Fees & Permits 47,951 11,988 3,292 9,584 (2,404)244 1,480 8,104 547.57%
Insurance 46,500 11,625 3,430 11,290 (335)1,674 5,460 5,830 106.78%
Materials 73,030 15,758 644 7,422 (8,336)414 1,355 6,067 447.75%
District Activities, Emp Recognition 7,946 1,987 280 731 (1,256)200 304 427 140.46%
Maintenance 229,770 38,943 11,615 28,953 (9,990)12,025 26,325 2,628 0.00%
Non-Capital Equipment 63,742 15,936 4,001 7,319 (8,617)488 6,752 567 8.40%
Office Expense 6,674 1,669 579 1,228 (441)267 457 771 168.71%
Professional Services 159,417 39,854 8,510 54,175 14,321 3,780 21,665 32,510 150.06%
Training 16,748 4,187 31 508 (3,679)121 960 (452)-47.08%
Travel & Conferences 16,084 4,021 243 (540) (4,561)(16) (16) (524)0.00%
Uncollectible Accounts 1,470 368 (2) 293 (75)435 499 (206)-41.28%
Utilities 29,850 7,463 2,350 7,155 (308)3,714 6,279 876 13.95%
Vehicle Equipment 107,930 19,483 5,821 10,514 (8,969)2,651 16,459 (5,945)-36.12%
Supplies & Services Sub-Total 980,051 216,513 50,928 171,992 (44,521) 31,153 103,510 68,482 66.16%
Total Operating Expenses 2,908,047 605,554 232,641 542,675 (62,879) 114,901 310,287 232,388 74.89%
Expenses (Non-Operating):
Interest Expense - - - - - - - - -
Other Expense 5,700 950 - - (950) - - - -
Total Non-Operating Expenses:5,700 950 - - (950) - - - -
Total Expenses 2,913,747 606,504 232,641 542,675 (63,829) 114,901 310,287 232,388 74.89%
Net Position Before Capital Contributions 381,452 134,326 29,411 234,095 99,769 78,895 339,920 (105,825) -31.13%
Capital Contributions (Non-Cash Transaction -- - - - - 3,560 3,560 (3,560) 3,560
GASB 34 Compliant)
Net Position Before Depreciation 381,452 134,326 29,411 234,095 99,769 82,455 343,480 (109,385) -31.85%
Depreciation & Amortization 1,525,685 381,421 123,901 371,703 (9,718)122,116 366,348 5,355 1.46%
Total Net Position (1,144,233) (247,095) (94,490) (137,608) 109,487 (39,661) (22,868) (114,740) -501.74%
Capital - Direct Labor (60,750)(15,188) (11,316) (20,351)(5,164) (4,085) (5,247) (15,104)287.86%
Yorba Linda Water District
Sewer Fund
For Period Ending September 30, 2021
(With September 30, 2020 for comparison purposes)
Page 92 of 208
$432,431
$478,690
$542,272
$607,757
$670,161
$650,207
$776,770
19.47%
$306,993 $319,263 $320,218
$262,673
$311,851 $310,287
$542,675
74.89%
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
Sept. 2015 Sept. 2016 Sept. 2017 Sept. 2018 Sept. 2019 Sept. 2020 Sept. 2021
Sewer Revenues & Expenses -September
(excludes Depreciation, Special Items, and Contributed Capital)
Total Revenue Total Expenses
Page 93 of 208
Assumptions of "escalation factors" used to develop rate models in 2021 Rate Study
Escalation Factors FY22
General 2.0%Supplies and Services
Personnel 8.0%Salary and Related Expenses
Power Related Costs 5.0%Variable Costs
FY22 YTD
Actual Thru
9/30/2021
Prior Year
Actual Thru
9/30/2020
YTD Actual vs
PY Actual $
%
Variance
Between
FYs
Variable Costs:
Water Related Costs 6,728,027$ 3,760,474$ 2,967,553$ 78.91%
Fixed Costs 242,852 176,772 66,080 37.38%
Power Related Costs 121,177 537,438 -416,261 -77.45%
7,092,056$ 4,474,684$ 2,617,372$ 58.49%
In FY 2020-21 groundwater was used meet 81.2% of demand thru September 30, 2020, to where
in FY 2021-22 import water has been used to meet 100% demand thru September 30, 2021.
Power related costs are greater when groundwater is the District's primary source of water.
FY22 YTD
Actual Thru
9/30/2021
Prior Year
Actual Thru
9/30/2020
YTD Actual vs
PY Actual $
%
Variance
Between
FYs
Personnel:
Salaries & Related Costs 2,609,952$ 2,166,207$ 443,745$ 20.48%
The presented Unaudited Financial Statements for the 1st Quarter of FY 2021-21 are in CAFR
format. As reported, the variance of 20.48% is representative of a few factors.
*Effective July 1, 2021, each employee received a 2% cost of living increase on their
rate of pay as stipulated in the District's current MOU.
*In the current fiscal year, there were 7 pay period recorded in the first quarter. Last fiscal
year there were 6 pay periods recorded.
*Each quarter journal entries are prepared to properly record/expense the value of
employee compensatory accrued leave balances into Salary and Related Expenses.
These entries are reflective of the net effect of employee use and addition of
accrued leave balances. For this reporting quarter, these journal entries resulted
in an increase of approximately of approximately $149,000 in Salary and Related Exps.
Review of "Unaudited Financial Statements for the 1st Qtr of FY 2021-22"
Page 94 of 208
FY22 YTD
Actual Thru
9/30/2021
Prior Year
Actual Thru
9/30/2020
YTD Actual vs
PY Actual $
%
Variance
Between
FYs
General:
Supplies and Services 1,183,900$ 1,147,217$ 36,683$ 3.20%
The cost to purchase need supplies and materials have increased over the
course of this fiscal as compared to purchases in prior fiscal year - as demonstrated
in the table below.
1-month 12-month 1-month 12-month
January 0.8 3.1 0.2 0.9
February 0.3 3.4 0.4 1
March -0.7 1.9 0.5 2.2
April -0.3 0.7 1.1 3.6
May 0.4 0.9 0.6 3.9
June 0.5 1.4 0.6 4
July 0.6 1.9 0.6 3.9
August 0.1 2 0.2 4
September -0.3 1.2 0.3 4.6
October 0.2 0.7
November 0.1 1
December -0.2 1.5
Consumer Price Index Table as of September 2021
Month
2020 2021
Page 95 of 208
Fitch Ratios for Water Fund FY20 FY21
Operating Revenue Growth (%)7.3%10.0%
Operating Revenue Growth - 5 Year Avg 8.7%15.6%
Population 80,122 80,056
Service Area Medium Household Income (MHI) ($)$122,962 $129,995
Water Connections 25,350 25,417
Sewer Connections 24,675 25,073
Service Area Unemployment (%)10.90%5.50%
Service Area Unemployment/US (%)75.00%57.65%
Total Monthly Water Bill (1" Connection with 18 Units)$85.81 $94.32
Monthly Sewer Bill $8.10 $8.10
Total Monthly Combined Bill $93.91 $102.42
Percentage of Population MHI towards Bill $512.34 $541.65
Percentage of Pop. MHI is Unaffordable Bill N/A N/A
Water Produced (mgd)17.25 18.28
Operating Cost Burden ($/mg)$2.17 $2.13
Life Cycle Ratio 49%50%
5 year Avg Capital Expenditures/Depreciation (%)40.48%55.27%
Long Term Debt ($)$47,239,050 $46,306,590
Fund Available for DS (FADS)$5,547,223 $7,329,018
Net Adjusted Debt to Adj FADS Ratio 4.13 3.82
Coverage of Full Obligations 1.31 1.49
Current day of Cash on Hand (Days)381.17 369.76
Liquidity Cushion Ratio (Days)599.33 578.21
Fitch Calculated Total DSC (Debt Service Calculation)199%240%
Review of Fitch Rating Medians as of June 30, 2021
Page 96 of 208
ITEM NO. 8.9.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Delia Lugo, Finance Manager
Keri Hollon, Accounting Assistant II
SUBJECT:Directors' and General Manager Fees and Expenses Report for the
First Quarter of Fiscal Year 2021-22
RECOMMENDATION:
That the Board of Directors receive and file the Directors' and General Manager Fees and
Expenses Report for the First Quarter of Fiscal Year 2021-22.
ATTACHMENTS:
1.Travel and Expense Report for Q1 of FY21-22
2.BOD and GM Summary for Q1 of FY21-22
3.BOD and GM Summary for YTD of FY21-22
Page 97 of 208
Role Name GL Date Trip Date Trip Name Trip Location Event Mileage Grand Total
Directors Jones 8/23/2021 8/11/2021 GRAC Aquifer Webinar Virtual 25.00$ 25.00$
8/23/2021 9/8/21-9/9/21 Urban Water Institute Annual Conference Costa Mesa, CA 290.00$ 290.00$
9/20/2021 8/26/2021 Sustain SoCal Water Solutions Webinar Virtual 20.00$ 20.00$
9/30/2021 9/9/2021 GWRS Progress Tour Fountain Valley, CA 34.16$ 34.16$
9/30/2021 9/30/2021 Placentia State of City Address Placentia, CA 6.72$ 6.72$
Jones Total 335.00$ 40.88$ 375.88$
Directors Total 335.00$ 40.88$ 375.88$
Grand Total 335.00$ 40.88$ 375.88$
DIRECTOR'S & GENERAL MANAGER'S RECAP OF TRAVEL/CONFERENCE EXPENSES
FIRST QUARTER OF FY 22
JULY-SEPTEMBER 2021
Page 98 of 208
HAWKINS MILLER JONES DESROCHES LINDSEY SUB-TOTAL BARBRE TOTAL
REGULAR MEETINGS ATTENDED 2 3 3 3 2 13
SPECIAL MEETINGS ATTENDED 1 1 1 1 1 5
COMMITTEE MEETINGS ATTENDED 1 1 2
OTHER MEETINGS ATTENDED 14 24 26 11 16 91
TOTAL MEETINGS ATTENDED QTD 17 29 30 15 20 111 111
DIRECTOR FEES QTD $2,550 $4,350 $4,500 $2,250 $3,000 $16,650 $16,650
MEETING FEES BUDGET QTD $4,500 $4,500 $4,500 $4,500 $4,500 $22,500 $22,500
TRAVEL & CONF. EXPENSES QTD $0 $0 $376 $0 $0 $376 $376
TRAVEL & CONF. BUDGET QTD $1,000 $1,000 $1,000 $1,000 $1,000 $5,000 $5,000
DIR.FEES AND EXPENSES QTD $2,550 $4,350 $4,876 $2,250 $3,000 $17,026 $17,026
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 $2,550 $4,350 $4,876 $2,250 $3,000 $17,026 $0 $17,026
TOTAL FEES & EXPENSES BUDGET QTD $5,500 $5,500 $5,500 $5,500 $5,500 $27,500 $750 $28,250
FY 22
1ST QUARTER REPORT FROM 07-01-2021 TO 09-30-2021
DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES
YORBA LINDA WATER DISTRICT
Page 99 of 208
HAWKINS MILLER JONES DESROCHES LINDSEY SUB-TOTAL BARBRE TOTAL
REGULAR MEETINGS ATTENDED 2 3 3 3 2 13
COMMITTEE MEETINGS ATTENDED 1 1 1 1 1 5
SPECIAL MEETINGS ATTENDED 1 1 2
OTHER MEETINGS ATTENDED 14 24 26 11 16 91
TOTAL MEETINGS ATTENDED QTD 17 29 30 15 20 111 111
DIRECTOR FEES QTD $2,550 $4,350 $4,500 $2,250 $3,000 $16,650 $16,650
MEETING FEES BUDGET QTD $4,500 $4,500 $4,500 $4,500 $4,500 $22,500 $22,500
TRAVEL & CONF. EXPENSES QTD $0 $0 $376 $0 $0 $376 $376
TRAVEL & CONF. BUDGET QTD $1,000 $1,000 $1,000 $1,000 $1,000 $5,000 $5,000
DIR.FEES AND EXPENSES QTD $2,550 $4,350 $4,876 $2,250 $3,000 $17,026 $17,026
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 $2,550 $4,350 $4,876 $2,250 $3,000 $17,026 $0 $17,026
TOTAL FEES & EXPENSES BUDGET QTD $5,500 $5,500 $5,500 $5,500 $5,500 $27,500 $750 $28,250
YORBA LINDA WATER DISTRICT
DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES
FY 22
YEAR-TO-DATE REPORT FROM 07-01-2021 TO 06-30-2022
Page 100 of 208
ITEM NO. 8.10.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Rosanne Weston, Engineering Manager
Delia Lugo, Finance Manager
Danielle Logsdon, Principal Engineer
Paige Appel, Budget Analyst
SUBJECT:Fiscal Year 2021-22 Capital Improvement Plan (CIP) Status Report
for the Period Ending September 30, 2021
RECOMMENDATION:
That the Board of Directors receive and file the Fiscal Year 2021-22 Capital Improvement Plan
(CIP) Status Report for Period Ending September 30, 2021.
BACKGROUND:
The FY21-22 CIP Status Report includes the following information:
FY21-22 CIP Budget prepared for rate study
Revisions to project budgets for FY21-22
Budget to actual expenditures for FY21-22
Percent Budget Expended
Increased construction costs and supply chain issues affecting our industry have resulted in
increased project costs and project delays on several of the District's CIP projects.
STRATEGIC PLAN INITIATIVE(S):
G1 4B - Address infrastructure needs by updating/implementing the Capital Improvement
Plan.
ATTACHMENTS:
1.FY21-22 CIP Status Update
Page 101 of 208
Project NameTotal CIP Budget For FY 2021/22Current FY 21/22 Actuals July thru September% Expended of FY2021/22 BudgetJuly August September Qtr 1 TotalCapital ImprovementsMeter Replacement ProgramGrant Related ‐ BOR514,745$ 165,495$ 244,221$ 409,717$ 80%FY22 Non‐Grant Meter Replacement Program514,745$ 22,268$ 20,443$ 20,761$ 63,472$ 12%Resiliency ‐ Camino de Bryant Reservior220,000$ 150,062$ 17,433$ ‐$ 167,495$ 76%Well #22 ‐ S&W Well Project1,108,500$ 1,764$ 6,225$ 1,954$ 9,944$ 1%PFAS Treatment Plant OA/DB2,661,500$ 10,372$ 4,404$ 7,059$ 21,835$ 1% Capital Subtotal = 5,019,489$ 184,465$ 214,001$ 273,996$ 672,462$ 13%Rehabilitation & Restoration ‐ Water & SewerWaterTimber Ridge BPS Pump Replacement 2,604,400$ 577$ 654$ 58,744$ 59,975$ 2%Land Purchase ‐ Property Acquis/Little Canyon Reservoir575,000$ 95$ 6,789$ 193$ 7,077$ 1%Hidden Hills BPS Upgrades706,860$ 3,700$ 64$ 3,764$ 1%BNSF Waterline Crossings Relocation‐Weir Canyon/YL Blvd619,850$ 822$ 1,829$ 24,903$ 27,555$ 4%BNSF Waterline Crossings Relocation‐Veterans Vlg & Highland24,000$ 324$ 277$ 600$ 3%Ridge Way, Grandview, and Short Waterline 462,000$ 1,838$ 1,065$ 96,965$ 99,868$ 22%Field Headquarters Rehabilitation 107,800$ ‐$ 0%Well Rehabilitaion Project165,000$ ‐$ 0%Lakeview Reservoir10,000$ 1,020$ 351$ 611$ 1,982$ 20%Lakeview BPS Piping220,000$ ‐$ 0%SewerSewer System Rehabilitation and ReplacementFY22 Sewer CIPP Rehabilitation440,000$ 467$ 721$ 549$ 1,737$ 0%Main St Sewer Replacement CIP Improvement407,000$ 1,060$ 1,069$ 436$ 2,565$ 1%Lakeview Sewer Extension‐$ 2,508$ 3,632$ 72,494$ 78,634$ Rehabilitation & Restoration Subtotal = 6,341,910$ 8,387$ 20,134$ 255,237$ 283,758$ 4%ACTUAL Expenditures in FY22FY 21‐22 CIP Status ReportPage 102 of 208
Project NameTotal CIP Budget For FY 2021/22Current FY 21/22 Actuals July thru September% Expended of FY2021/22 BudgetJuly August September Qtr 1 TotalACTUAL Expenditures in FY22Upgrades at District FacilitiesSite & Security UpgradesSecurity Improvements248,000$ 0%Hidden Hills ‐ Security Improvements25,000$ 9,112$ 12,735$ 21,847$ 87%Santiago BPS ‐ Security Improvements25,000$ 19,894$ 19,894$ 80%Quarter Horse ‐ Security Improvements25,000$ 10,416$ 10,416$ 42%Bryant Ranch ‐ Security Improvements25,000$ 225$ 225$ 1%Upgrades at District Facilities Subtotal = 348,000$ ‐$ 9,112$ 43,271$ 52,383$ 15%CIP Annual Total 11,709,399$ 192,852$ 243,246$ 572,504$ 1,008,602$ 9%Vehicle & Capital Equipment Replacement ‐ WaterIT Capital OutlayNetwork Redesign45,000$ ‐$ 0%SAN Update‐IT StorageCapabilty12,000$ ‐$ 0%Operations Water Capital Outlay Mechanic Lifts24,567$ 51,113$ 51,113$ 208%Lakeview PLC Replacement50,000$ ‐$ 0%VGB Gateway for Meters27,000$ 0%Heavy Truck ‐ Lift52,154$ 0%Production Vehicle Replacement41,000$ ‐$ 0%Hydro Excavator Replacement550,000$ ‐$ 0%AC & Duct Replacement Bldg 1 34,782$ ‐$ 0%AC & Duct Replacement Bldg 234,782$ ‐$ 0%Boiler Replacement and A/C Software Upgrade47,620$ ‐$ 0%2021 Chevy Colorado ‐ Unit# 237‐$ 28,651$ 130$ 28,781$ *Rollover from FY21Operations Sewer Capital OutlaySewer Vehicle Camera40,000$ ‐$ 0%New Crawler40,000$ ‐$ 0%Capital Outlay Total 998,905$ 28,651$ 130$ 51,113$ 79,894$ 8%Grand Total 12,708,304$ 221,503$ 243,377$ 623,616$ 1,088,496$ 9%* Budgeted in FY21, delayed in the delivery until FY22Page 103 of 208
ITEM NO. 8.11.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Rosanne Weston, Engineering Manager
Danielle Logsdon, Principal Engineer
SUBJECT:PFAS Water Treatment Plant Project Backup Generator for
Headquarters and Budget Contingency Reserve
RECOMMENDATION:
That the Board of Directors receive and file notification of the District's use of the PFAS Water
Treatment Plant Project budget contingency reserve to include electrical system improvements
related to the backup generator for District Headquarters.
BACKGROUND:
The District budgeted for a separate backup generator to be installed under the PFAS Water
Treatment Plant Project to power the District's headquarters in the event of a power outage.
Electrical system improvements omitted from the construction documents were identified that
are required to enable the backup generator to function as intended. The District's project
budget includes a contingency reserve which will be used to cover the cost of these electrical
improvements.
FISCAL IMPACT:
Construction Cost Estimate: $299,934.93
Job No: 2020-05
STRATEGIC PLAN INITIATIVES:
G1 6B - Maintain distribution system and its capability to provide 100% groundwater and/or
import water to the entire service area.
Page 104 of 208
ITEM NO. 8.12.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Rosanne P. Weston, Engineering Manager
Reza Afshar, Senior Engineer
Adrian Ayala, Assistant Engineer I
SUBJECT:Declaration of Restrictive Covenants with Daniel Sangwon Oh and
Christina Seun Oh
RECOMMENDATION:
That the Board of Directors authorize the President and General Manager to execute a
Declaration of Restrictive Covenants with Daniel Sangwon Oh and Christina Seun Oh of
18449 Tytris Way, Yorba Linda.
SUMMARY:
The District has a recorded water pipeline easement located within Lot 29 of Tract No. 16595 .
The property owners, Daniel Sangwon Oh and Christina Seun Oh, are requesting to retain
existing encroachments inside the easement as shown on the attached exhibit. Engineering
Department Staff members reviewed the encroachments and recommended approval subject
to the execution of a Declaration of Restrictive Covenants.
FISCAL IMPACT:
None.
BACKGROUND:
Property owners Daniel Sangwon Oh and Christina Seun Oh have constructed several
improvements that encroach on a 15-foot-wide water easement dedicated to the District at
18449 Tytris Way (Lot 29 of Tract No. 16595). The encroachments consist of a 5-foot high
wrought iron double gate on a 16-inch high concrete masonry unit wall, a 60-inch high
retaining wall, an 18-inch high elevated deck with artificial turf, a pressure treated timber
edging, pool, pool cover box, a 5-foot high concrete masonry unit property wall, irrigation lines,
irrigation drain lines, pineapple guava shrubs, hopseed bushes, waxleaf privet hedges, and
other landscaping. The improvements run parallel and across within the easement as shown
in the attached exhibit. The District has an existing 8-inch water pipeline within the easement.
Page 105 of 208
Staff reviewed the applicant's request and determined that the encroachments would have
minimal impact on the day-to-day operation and maintenance of the District's facilities.
However, if the District needs to excavate within the easement to facilitate repairs or
replacement of the public water system, the subject property owner improvements may need
to be removed and may be damaged in the process. The owner understands that with the
execution of a Declaration of Restrictive Covenants, the District would not be liable for
damage to and replacement of these improvements. Staff recommends the execution of the
attached document, subject to approval as to form by General Counsel.
PRIOR RELEVANT BOARD ACTION:
The Board of Directors authorized execution of similar Declarations of Restrictive Covenants
with various developers and property owners.
ATTACHMENTS:
1.Declaration of Restrictive Covenants
2.Exhibit
Page 106 of 208
Page 1 of 5
YLWD – Dec of Restrictive Covenants (8/21)
RECORDING REQUESTED BY and when
recorded return to:
Yorba Linda Water District
P.O. Box 309
Yorba Linda, California 92885-0309
This is to certify that this Declaration of
Restrictive Covenants is presented for recording
under the provisions of Gov. Code Sec. 27383 by
the Yorba Linda Water District in performance
of an official service thereof.
____________________________________
Brett R. Barbre
General Manager
Space Above This Line for Recorder’s Use
DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON YLWD EASEMENT)
THIS DECLARATION OF RESTRICTIVE COVENANTS (“Declaration”) is made and
effective on November 17, 2021 by and between YORBA LINDA WATER DISTRICT
(“YLWD”), a public agency, created and operating under the authority of Division 12 of the
California Water Code, and DANIEL SANGWON OH AND CHRISTINA SEUN OH,
TRUSTEES OF THE OH FAMILY TRUST, DATED NOVEMBER 1, 2009 AND ANY AND
ALL AMENDMENTS THERETO (“Owner”). YLWD and Owner are sometimes referred to
herein individually as “Party” and collectively as “Parties”.
RECITALS
A. The Owner is the legal owner of that certain real property located at 18449 Tytris
Way, Yorba Linda, California 92886 (“Subject Property”), which is more particularly
described as follows:
LOT 29 OF TRACT NO. 16595 AS SHOWN ON A MAP FILED IN BOOK 890,
PAGES 23 THROUGH 30, INCLUSIVE OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
B. YLWD owns an Easement, as identified on Tract Map No. 16595, recorded on
June 19, 2007, in Book 890, pages 23 through 30, Official Records of Orange County,
California (“Easement”), across a portion of the Subject Property. Within the Easement,
YLWD owns and maintains an 8-inch water distribution pipeline and appurtenant structures
(“YLWD Facilities”).
Page 107 of 208
Page 2 of 5
YLWD – Dec of Restrictive Covenants (8/21)
C. The Owner desires to use and retain an existing 5 foot high wrought iron double
gate on a 16 inch high concrete masonry unit wall, a 60 inch high retaining wall, a n 18 inch
high elevated deck with artificial turf, a pressure treated timber edging, pool and pool cover
box, a 5 foot high concrete masonry unit property wall, irrigation lines, drain lines, pineapple
guava shrubs, hopseed bushes, waxleaf privet hedges and landscaping (collectively herein
referred to as “Improvements”) within and along the Easement area. This Declaration
prohibits Owner, without YLWD’s authorization and a recorded amendment to this
Declaration, from constructing and/or retaining any improvements (“Unauthorized
Improvements”) other than the Improvements.
D. The construction, existence, and/or use of the Improvements within and along the
Easement area is hereinafter referred to as the “Encroachment”, which is illustrated in Exhibit
“A” attached hereto.
E. YLWD conditionally consents to the Encroachment as stipulated in this
Declaration. The Owner is aware and hereby acknowledges that the Encroachment may lead to
problems affecting and/or interfering with YLWD’s use of the Easement and access to YLWD
Facilities.
F. Although the construction and subsequent existence of the Improvements within
and along the Easement area may interfere or restrict YLWD’s Easement rights, which may
cause the Improvements to be damaged or demolished as authorized under this Declaration, the
Owner wishes to proceed with the Encroachment.
DECLARATION
NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms
and conditions herein, the Parties declare as follows:
1. Covenant Running with Land. This Declaration constitutes a covenant running
with the land as provided by the California Civil Code Section 1468 and shall benefit, burden,
and bind the successive owners of the Subject Property and the Easement.
2. Successors and Assigns Obligation. Since the Owner wishes to retain the
Encroachment, this Declaration obligates the current and future owners of the Subject Property
to remedy any current and future adverse events and to fund any necessary maintenance and
repair costs on the Easement and/or Subject Property that may arise in full or in part due to the
existence, construction, or damages to the Easement and/or YLWD Facilities caused by the
Encroachment.
3. Damages to YLWD Facilities. The Owner assumes full responsibility and
liability and shall pay for any cost(s) or damage(s) to the YLWD Facilities, arising from the
Encroachment. YLWD shall not be responsible for any cost(s) or damage(s) to the YLWD
Facilities that arise from the Encroachment.
Page 108 of 208
Page 3 of 5
YLWD – Dec of Restrictive Covenants (8/21)
4. Damages to Third Parties. The Owner, its successors or assigns, agrees to
defend, indemnify and hold YLWD, its officers, directors, employees, agents, and consultants,
harmless against any third-party claims arising out of the Encroachment.
5. Damages to Improvements. The Owner acknowledges that the Improvements
may be damaged or demolished to permit access to, or work within and under, the Easement area
and YLWD Facilities. YLWD, its officers, directors, employees, agents, and consultants, shall
not be responsible or liable for any damage(s) to, or demolition of, the Improvements which
result from YLWD’s exercise of rights under the Easement. The Owner, its successors or
assigns, waives all known, unknown, and future claims, liabilities, causes of action, and expenses
(including, but not limited to, attorneys’ fees) against YLWD, its officers, directors, employees,
agents, and consultants, for losses and damages to the Improvements and from any obligation to
protect, preserve, repair, or replace the Improvements.
6. Unauthorized Improvements. Owner shall not construct and/or retain any
improvements other than the Improvements. If Owner constructs and/or retains any
improvement other than the Improvements, YLWD may (a) require the improvement to be
removed promptly at the Owner’s expense, (b) revoke the Encroachment, and/or (c) exercise any
other legal remedy available to YLWD. Such Unauthorized Improvements shall be treated as
Improvements and subject to this Declaration until YLWD makes it election under (a), (b),
and/or (c) of this provision.
GENERAL PROVISIONS
7. Recitals. The above recitals are true and correct.
8. Entire Agreement. This Declaration represents the entire and integrated
agreement between the Parties and supersedes all prior negotiations, representations, or
agreements, either written or oral.
9. Amendment to this Declaration. This Declaration may be amended only by
written instrument signed by the Parties.
10. No Implied Waivers. If any term, condition, or provision of this Declaration is
breached by either Party and thereafter waived by the other Party, that waiver will be limited to
the specific breach so waived, and will not be deemed either to be a continual waiver or to waive
any other breach under this Declaration.
11. Governing Law and Interpretation. This Declaration is to be governed under
the laws of the State of California and interpreted according to its plain meaning as if drafted by
both YLWD and Owner.
Page 109 of 208
Page 4 of 5
YLWD – Dec of Restrictive Covenants (8/21)
12. Relationship of Parties. Nothing in this Declaration shall be deemed to create
any form of business organization between the Parties, including, without limitation, a joint
venture or partnership.
13. Resolution of Disputes. Pursuant to California Code of Civil Procedure Sections
638 et seq., any dispute arising out of this Declaration shall be resolved by judicial reference, in
Orange County, by one judicial referee to determine all issues in dispute, whether of fact or of
law, and to report a statement of decision. This is a waiver of any right that may exist to a jury
trial, but the right to appeal is preserved.
The Parties shall meet to select the referee no later than thirty (30) days after service of
the initial complaint on all defendants named in the complaint. The referee must have substantial
experience in the type of matter in dispute and without any relationship to either Party, unless the
Parties agree otherwise.
All costs incurred in connection with the judicial reference proceeding, including the cost
of the stenographic record, shall be advanced equally by the Parties. However, the refer ee shall
have the power to reallocate such costs among the Parties in the referee’s statement of decision.
14. Attorney’s Fees. In the event of any claim or legal action arising out of this
Declaration, the prevailing party shall be entitled to reasonable costs and expenses, including
attorney’s fees.
15. Severability. If any provision, right, or covenant of this Declaration is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the voided provision, right,
or covenant shall be deemed severed from the remaining provisions of this Declaration, which
shall remain valid and enforceable as permitted by law, and the Parties shall negotiate in good
faith to replace the unenforceable provision(s) in accordance with the original purpose and intent
of this Declaration so stated in the above Recitals.
16. Counterparts. This Declaration may be signed in multiple counterpart copies
(signatures may be by facsimile or electronic mail), each of which shall be deemed an original.
17. Capacity of Signatory. The undersigned executing this Declaration on behalf of
YLWD and Owner hereby personally warrant by signing this Declaration that they are
authorized to bind such Party in executing this Declaration and are acting within the course and
scope of that authority.
18. Recording of Declaration. This Declaration shall be recorded in the Office of
the Recorder of the County of Orange, California, and shall constitute notice to all successors
and assigns of the title to the Subject Property of the rights and obligations in this Declaration.
Page 110 of 208
Page 5 of 5
YLWD – Dec of Restrictive Covenants (8/21)
Approved as to Form: YORBA LINDA WATER DISTRICT
Kidman Gagen Law, LLP
_______________________________
Andrew B. Gagen Phil Hawkins
General Counsel President
Brett R. Barbre
Rosanne P. Weston General Manager
Engineering Manager
OWNER:
Daniel Sangwon Oh
Christina Seun Oh
Page 111 of 208
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18449 TYTRIS WAY o w I — LU
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EX.STORM DRAIN LINE VICINITY MAP
EX.IRRIGATION LINE I N.T.S
_ EX.3
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EX 5'HIGH WROUGHT IRON DOUBLE RETAINING WALL
GATE ON 16"CMU WALLao�oL Ei� EX.5'HIGH CMU
PROPERTY WALL
W 1
® - * 15'WATER EASEMENT DEDICATED LEGEND
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TYTRIS WAY I PINEAPPLE GUAVA SHRUB
EX.PRESSURE
TREATED TIMBER IRRIGATION LINES + HOPSEED BUSH
E(GING I
EX. 18"HIGH I Q WAXLEAF PRIVET HEDGE
ELEVATED EX.5'HIGH CMU- -EX.
8"YLWD WATERLINE
DECK WITH PROPERTY WALL
ARTIFICIAL -EX.LANDSCAPING I EX. ARTIFICIAL TURF
TURF I
I ❑ EX. LANDSCAPING
18450 TYTRIS WAY I
LOCATION MAP
PREPARED BY: SCALE:
EXHIBIT "A" N.T.S
YORBA LINDA WATER DISTRICT DATE:
El 1717 E. MIRALOMA AVENUE DECLARATION OF RESTRICTIVE COVENANT 11/17/21
PLACENTIA, CALIFORNIA 92870 FOR 18449 TYTRIS WAY, YORBA LINDA FILENAME:
(714) 701-3100 EXHIBIT
Nage 112 of 208
ITEM NO. 8.13.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Rosanne P. Weston, Engineering Manager
Reza Afshar, Senior Engineer
Adrian Ayala, Assistant Engineer I
SUBJECT:Declaration of Restrictive Covenants with Carlos E. Serna and
Saskia V. Serna
RECOMMENDATION:
That the Board of Directors authorize the President and General Manager to execute the
Declaration of Restrictive Covenants with Carlos E. Serna and Saskia V. Serna of 4720
Avenida De Las Estrellas, Yorba Linda.
SUMMARY:
The District has a recorded water pipeline easement within Lot 76 of Tract No. 10120. The
property owners, Carlos E. Serna and Saskia V. Serna, are requesting to construct a 5-foot
high retaining wall, and to replace an existing wooden property fence with a vinyl fence, and
wish to retain the existing encroachments within the District's water easement as shown on
the attached exhibit. Staff reviewed the request and recommends approval subject to the
execution of a Declaration of Restrictive Covenants.
FISCAL IMPACT:
None:
BACKGROUND:
Property owners Carlos E. Serna and Saskia V. Serna have requested permission to construct
a 5-foot retaining wall and to replace an existing wooden property fence with a vinyl fence,
while retaining existing encroachments including a 2-foot high planter area, a vinyl fence,
palm trees, removable storage shed, a concrete slab and other landscaping within the
dedicated water easement at 4720 Avenida De Las Estrellas (Lot 76 of Tract 10120). The
improvements run parallel and across within the easement as shown in the attached exhibit.
The District has an existing 8-inch waterline within the easement.
Page 113 of 208
Staff reviewed the applicant's request and determined that the improvements and
encroachments would have minimal impact on the day-to-day operation and maintenance of
the District facilities. However, if the District needs to excavate within the easement to facilitate
repairs or replacement of the public water system, the subject property owner improvements
and encroachments may need to be removed and may be damaged in the process. The
owner understands that with the execution of a Declaration of Restrictive Covenants, the
District would not be liable for the damage to and replacement of these improvements. Staff
recommends the execution of the attached document, subject to approval as to form by
General Counsel.
PRIOR RELEVANT BOARD ACTION:
The Board of Directors has authorized the execution of a Declaration of Restrictive Covenants
with other property owners for similar improvements within the District's easements.
ATTACHMENTS:
1.Declaration of Restrictive Covenants
2.Exhibit
Page 114 of 208
Page 1 of 5
YLWD – Dec of Restrictive Covenants (8/21)
RECORDING REQUESTED BY and when
recorded return to:
Yorba Linda Water District
P.O. Box 309
Yorba Linda, California 92885-0309
This is to certify that this Declaration of
Restrictive Covenants is presented for recording
under the provisions of Gov. Code Sec. 27383 by
the Yorba Linda Water District in performance
of an official service thereof.
____________________________________
Brett R. Barbre
General Manager
Space Above This Line for Recorder’s Use
DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON YLWD EASEMENT)
THIS DECLARATION OF RESTRICTIVE COVENANTS (“Declaration”) is made and
effective on November 17, 2021 by and between YORBA LINDA WATER DISTRICT
(“YLWD”), a public agency, created and operating under the authority of Division 12 of the
California Water Code, and CARLOS E. SERNA AND SASKIA V. SERNA (“Owner”).
YLWD and Owner are sometimes referred to herein individually as “Party” and collectively as
“Parties”.
RECITALS
A. The Owner is the legal owner of that certain real property located at 4720
Avenida De Las Estrellas (“Subject Property”), which is more particularly described as
follows:
LOT 76 OF TRACT NO 10120, IN THE CITY OF YORBA LINDA, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 443, PAGES 29 TO 32 INCLUSIVE OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
B. YLWD owns an Easement, as identified on the Tract Map No. 10120, recorded on
November 22, 1978, in Book 443, Pages 29 to 32, Official Records of Orange County,
California (“Easement”), across a portion of the Subject Property. Within the Easement,
YLWD owns and maintains an 8-inch water main pipeline and appurtenant structures (“YLWD
Facilities”).
Page 115 of 208
Page 2 of 5
YLWD – Dec of Restrictive Covenants (8/21)
C. The Owner desires to construct a 5-foot retaining wall and replace an existing
wooden property fence with a vinyl fence while retaining an existing 2 foot planter, vinyl
fence, concrete slab, palm trees, removable storage shed and landscape (collectively herein
referred to as “Improvements”) within and along the Easement area. This Declaration
prohibits Owner, without YLWD’s authorization and a recorded amendment to this
Declaration, from constructing and/or retaining any improvements (“Unauthorized
Improvements”) other than the Improvements.
D. The construction, existence, and/or use of the Improvements within and along the
Easement area is hereinafter referred to as the “Encroachment”, which is illustrated in Exhibit
“A” attached hereto.
E. YLWD conditionally consents to the Encroachment as stipulated in this
Declaration. The Owner is aware and hereby acknowledges that the Encroachment may lead to
problems affecting and/or interfering with YLWD’s use of the Easement and access to YLWD
Facilities.
F. Although the construction and subsequent existence of the Improvements within
and along the Easement area may interfere or restrict YLWD’s Easement rights, which may
cause the Improvements to be damaged or demolished as authorized under this Declaration, the
Owner wishes to proceed with the Encroachment.
DECLARATION
NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms
and conditions herein, the Parties declare as follows:
1. Covenant Running with Land. This Declaration constitutes a covenant running
with the land as provided by the California Civil Code Section 1468 and shall benefit, burden,
and bind the successive owners of the Subject Property and the Easement.
2. Successors and Assigns Obligation. Since the Owner wishes to retain the
Encroachment, this Declaration obligates the current and future owners of the Subject Property
to remedy any current and future adverse events and to fund any necessary maintenance and
repair costs on the Easement and/or Subject Property that may arise in full or in part due to the
existence, construction, or damages to the Easement and/or YLWD Facilities caused by the
Encroachment.
3. Damages to YLWD Facilities. The Owner assumes full responsibility and
liability and shall pay for any cost(s) or damage(s) to the YLWD Facilities, arising from the
Encroachment. YLWD shall not be responsible for any cost(s) or damage(s) to the YLWD
Facilities that arise from the Encroachment.
Page 116 of 208
Page 3 of 5
YLWD – Dec of Restrictive Covenants (8/21)
4. Damages to Third Parties. The Owner, its successors or assigns, agrees to
defend, indemnify and hold YLWD, its officers, directors, employees, agents, and consultants,
harmless against any third-party claims arising out of the Encroachment.
5. Damages to Improvements. The Owner acknowledges that the Improvements
may be damaged or demolished to permit access to, or work within and under, the Easement area
and YLWD Facilities. YLWD, its officers, directors, employees, agents, and consultants, shall
not be responsible or liable for any damage(s) to, or demolition of, the Improvements which
result from YLWD’s exercise of rights under the Easement. The Owner, its successors or
assigns, waives all known, unknown, and future claims, liabilities, causes of action, and expenses
(including, but not limited to, attorneys’ fees) against YLWD, its officers, directors, employees,
agents, and consultants, for losses and damages to the Improvements and from any obligation to
protect, preserve, repair, or replace the Improvements.
6. Unauthorized Improvements. Owner shall not construct and/or retain any
improvements other than the Improvements. If Owner constructs and/or retains any
improvement other than the Improvements, YLWD may (a) require the improvement to be
removed promptly at the Owner’s expense, (b) revoke the Encroachment, and/or (c) exercise any
other legal remedy available to YLWD. Such Unauthorized Improvements shall be treated as
Improvements and subject to this Declaration until YLWD makes it election un der (a), (b),
and/or (c) of this provision.
GENERAL PROVISIONS
7. Recitals. The above recitals are true and correct.
8. Entire Agreement. This Declaration represents the entire and integrated
agreement between the Parties and supersedes all prior negotiations, representations, or
agreements, either written or oral.
9. Amendment to this Declaration. This Declaration may be amended only by
written instrument signed by the Parties.
10. No Implied Waivers. If any term, condition, or provision of this Declaration is
breached by either Party and thereafter waived by the other Party, that waiver will be limited to
the specific breach so waived, and will not be deemed either to be a continual waiver or to waive
any other breach under this Declaration.
11. Governing Law and Interpretation. This Declaration is to be governed under
the laws of the State of California and interpreted according to its plain meaning as if drafted by
both YLWD and Owner.
Page 117 of 208
Page 4 of 5
YLWD – Dec of Restrictive Covenants (8/21)
12. Relationship of Parties. Nothing in this Declaration shall be deemed to create
any form of business organization between the Parties, including, without limitation, a joint
venture or partnership.
13. Resolution of Disputes. Pursuant to California Code of Civil Procedure Sections
638 et seq., any dispute arising out of this Declaration shall be resolved by judicial reference, in
Orange County, by one judicial referee to determine all issues in dispute, whether of fact or of
law, and to report a statement of decision. This is a waiver of any right that may exist to a jury
trial, but the right to appeal is preserved.
The Parties shall meet to select the referee no later than thirty (30) days after service of
the initial complaint on all defendants named in the complaint. The referee must have substantial
experience in the type of matter in dispute and without any relationship to either Party, unless the
Parties agree otherwise.
All costs incurred in connection with the judicial reference proceeding, including the cost
of the stenographic record, shall be advanced equally by the Parties. However, the referee shall
have the power to reallocate such costs among the Parties in the referee’s statement of decision.
14. Attorney’s Fees. In the event of any claim or legal action arising out of this
Declaration, the prevailing party shall be entitled to reasonable costs and expenses, including
attorney’s fees.
15. Severability. If any provision, right, or covenant of this Declaration is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the voided provision, right,
or covenant shall be deemed severed from the remaining provisions of this Declaration, which
shall remain valid and enforceable as permitted by law, and the Parties shall negotiate in good
faith to replace the unenforceable provision(s) in accordance with the original purpose and intent
of this Declaration so stated in the above Recitals.
16. Counterparts. This Declaration may be signed in multiple counterpart copies
(signatures may be by facsimile or electronic mail), each of which shall be deemed an original.
17. Capacity of Signatory. The undersigned executing this Declaration on behalf of
YLWD and Owner hereby personally warrant by signing this Declaration that they are
authorized to bind such Party in executing this Declaration and are acting within the course and
scope of that authority.
18. Recording of Declaration. This Declaration shall be recorded in the Office of
the Recorder of the County of Orange, California, and shall constitute notice to all successors
and assigns of the title to the Subject Property of the rights and obligations in this Declaration.
Page 118 of 208
Page 5 of 5
YLWD – Dec of Restrictive Covenants (8/21)
Approved as to Form: YORBA LINDA WATER DISTRICT
Kidman Gagen Law, LLP
_______________________________
Andrew B. Gagen Phil Hawkins
General Counsel President
Brett R. Barbre
Rosanne P. Weston General Manager
Engineering Manager
OWNER:
Carlos E. Serna
Saskia V. Serna
Page 119 of 208
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LOCATION MAP
PREPARED BY: EXHIBIT"A" SCALE:
N.T.S.
YORBA LINDA WATER DISTRICT DECLARATION OF RESTRICTIVE DATE:
COVENANTS 11/17/2021
1717 E. MIRALOMA AVENUE FOR
PLACENTIA, CALIFORNIA 92870 4720 AVENIDA DE LAS ESTRELLAS FILENAME:
(714) 701-3000 Dago 120 of 208
ITEM NO. 8.14.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Rosanne P. Weston, Engineering Manager
Reza Afshar, Senior Engineer
Ethan Nakano, Assistant Engineer III
Adrian Ayala, Assistant Engineer I
SUBJECT:Declarations of Restrictive Covenants with Anthony Barber
RECOMMENDATION:
That the Board of Directors authorize the President and General Manager to execute two
Declarations of Restrictive Covenants with Anthony Barber of 17966 Anna Marie Rd., Yorba
Linda.
SUMMARY:
The District has two recorded easements located within Parcel 2 of PM 2009-118, one
recorded in 1911 (Book 203) and another recorded in 1974 (Book 11308). The property
owner, Anthony Barber, has requested permission to construct improvements inside the two
easements as shown on the attached exhibit. Engineering Department Staff members
reviewed the encroachments and recommend approval subject to the execution of a
Declaration of Restrictive Covenants for each of the easements.
FISCAL IMPACT:
None
BACKGROUND:
Property owner, Anthony Barber, has requested permission to construct a new driveway with
interlocking pavers, 6" curb, storm drainage features, and private water service lines within two
dedicated easements at 17966 Anna Marie Road in the city of Yorba Linda. The
improvements run parallel and across the easement areas as shown in the attached exhibits.
The District has an existing 8-inch sewer line within both easements.
Staff reviewed the applicant's request and determined that the encroachments would have
minimal impact on the day-to-day operation and maintenance of the District's facilities.
Page 121 of 208
However, if the District needs to excavate within the easements to facilitate repairs or
replacement of the public water system, the subject property owner improvements may need
to be removed and may be damaged in the process. The owner understands that with the
execution of a Declaration of Restrictive Covenants, the District would not be liable for
damage to and replacement of these improvements. Staff recommends the execution of the
two attached documents, subject to approval as to form by General Counsel.
PRIOR RELEVANT BOARD ACTION:
The Board of Directors has authorized the execution of similar Declaration of Restrictive
Covenants with other property owners for similar improvements within the District's
easements.
ATTACHMENTS:
1.Declaration of Restrictive Covenants (A)
2.Exhibit (A)
3.Declaration of Restrictive Covenants (B)
4.Exhibit (B)
Page 122 of 208
Page 1 of 5
YLWD – Dec of Restrictive Covenants (8/21)
RECORDING REQUESTED BY and when
recorded return to:
Yorba Linda Water District
P.O. Box 309
Yorba Linda, California 92885-0309
This is to certify that this Declaration of
Restrictive Covenants is presented for recording
under the provisions of Gov. Code Sec. 27383 by
the Yorba Linda Water District in performance
of an official service thereof.
____________________________________
Brett R. Barbre
General Manager
Space Above This Line for Recorder’s Use
DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON YLWD EASEMENT)
THIS DECLARATION OF RESTRICTIVE COVENANTS (“Declaration”) is made and
effective on November 17, 2021 by and between YORBA LINDA WATER DISTRICT
(“YLWD”), a public agency, created and operating under the authority of Division 12 of the
California Water Code, and Anthony Barber (“Owner”). YLWD and Owner are sometimes
referred to herein individually as “Party” and collectively as “Parties”.
RECITALS
A. The Owner is the legal owner of that certain real property located at 17966 Anna
Marie Road, Yorba Linda, CA 92886 (“Subject Property”), which is more particularly described
as follows:
PARCEL A, AS SHOWN ON EXHIBIT “A” ATTACHED TO LOT LINE
ADJUSTMENT MAP NO. 2013-06 RECORDED MARCH 20, 2014 AS
INSTRUMENT NO. 2014000106482, AND RECORDED MAY 23, 2018 AS
INSTRUMENT NO. 2018000187344, OFFICIAL RECORDS, ALSO
DESCRIBED AS FOLLOWS:
PARCEL 2 TOGETHER WITH PARCEL 3 OF PARCEL MAP 2009-118, IN THE
CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP FILED IN BOOK 375, PAGES 44 THROUGH 48, INCLUSIVE,
OF PARCEL MAPS, RECORDS OF SAID COUNTY.
B. YLWD owns an Easement, as identified on a Deed of Easement, recorded on July
31, 1911, in Book 203, Page 291, Official Records of Orange County, California (“Easement”),
Page 123 of 208
Page 2 of 5
YLWD – Dec of Restrictive Covenants (8/21)
across a portion of the Subject Property. Within the Easement, YLWD owns and maintains an
8-inch sewer main pipeline and appurtenant structures (“YLWD Facilities”).
C. The Owner desires to construct a new interlocking pavers driveway, 6” curb, storm
drainage features, private water service and landscaping (collectively herein referred to as
“Improvements”) within and along the Easement area. This Declaration prohibits Owner,
without YLWD’s authorization and a recorded amendment to this Declaration, from constructing
and/or retaining any improvements (“Unauthorized Improvements”) other than the
Improvements.
D. The construction, existence, and/or use of the Improvements within and along the
Easement area is hereinafter referred to as the “Encroachment”, which is illustrated in Exhibit
“1” attached hereto.
E. YLWD conditionally consents to the Encroachment as stipulated in this
Declaration. The Owner is aware and hereby acknowledges that the Encroachment may lead to
problems affecting and/or interfering with YLWD’s use of the Easement and access to YLWD
Facilities.
F. Although the construction and subsequent existence of the Improvements within
and along the Easement area may interfere or restrict YLWD’s Easement rights, which may
cause the Improvements to be damaged or demolished as authorized under this Declaration, the
Owner wishes to proceed with the Encroachment.
DECLARATION
NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and
conditions herein, the Parties declare as follows:
1. Covenant Running with Land. This Declaration constitutes a covenant running
with the land as provided by the California Civil Code Section 1468 and shall benefit, burden, and
bind the successive owners of the Subject Property and the Easement.
2. Successors and Assigns Obligation. Since the Owner wishes to retain the
Encroachment, this Declaration obligates the current and future owners of the Subject Property to
remedy any current and future adverse events and to fund any necessary maintenance and repair
costs on the Easement and/or Subject Property that may arise in full or in part due to the existence,
construction, or damages to the Easement and/or YLWD Facilities caused by the Encroachment.
3. Damages to YLWD Facilities. The Owner assumes full responsibility and liability
and shall pay for any cost(s) or damage(s) to the YLWD Facilities, arising from the Encroachment.
YLWD shall not be responsible for any cost(s) or damage(s) to the YLWD Facilities that arise
from the Encroachment.
Page 124 of 208
Page 3 of 5
YLWD – Dec of Restrictive Covenants (8/21)
4. Damages to Third Parties. The Owner, its successors or assigns, agrees to defend,
indemnify and hold YLWD, its officers, directors, employees, agents, and consultants, harmless
against any third-party claims arising out of the Encroachment.
5. Damages to Improvements. The Owner acknowledges that the Improvements
may be damaged or demolished to permit access to, or work within and under, the Easement area
and YLWD Facilities. YLWD, its officers, directors, employees, agents, and consultants, shall not
be responsible or liable for any damage(s) to, or demolition of, the Improvements which result
from YLWD’s exercise of rights under the Easement. The Owner, its successors or assigns, waives
all known, unknown, and future claims, liabilities, causes of action, and expenses (including, but
not limited to, attorneys’ fees) against YLWD, its officers, directors, employees, agents, and
consultants, for losses and damages to the Improvements and from any obligation to protect,
preserve, repair, or replace the Improvements.
6. Unauthorized Improvements. Owner shall not construct and/or retain any
improvements other than the Improvements. If Owner constructs and/or retains any improvement
other than the Improvements, YLWD may (a) require the improvement to be removed promptly
at the Owner’s expense, (b) revoke the Encroachment, and/or (c) exercise any other legal remedy
available to YLWD. Such Unauthorized Improvements shall be treated as Improvements and
subject to this Declaration until YLWD makes it election under (a), (b), and/or (c) of this provision.
GENERAL PROVISIONS
7. Recitals. The above recitals are true and correct.
8. Entire Agreement. This Declaration represents the entire and integrated
agreement between the Parties and supersedes all prior negotiations, representations, or
agreements, either written or oral.
9. Amendment to this Declaration. This Declaration may be amended only by
written instrument signed by the Parties.
10. No Implied Waivers. If any term, condition, or provision of this Declaration is
breached by either Party and thereafter waived by the other Party, that waiver will be limited to
the specific breach so waived, and will not be deemed either to be a continual waiver or to waive
any other breach under this Declaration.
11. Governing Law and Interpretation. This Declaration is to be governed under the
laws of the State of California and interpreted according to its plain meaning as if drafted by both
YLWD and Owner.
12. Relationship of Parties. Nothing in this Declaration shall be deemed to create any
form of business organization between the Parties, including, without limitation, a joint venture or
partnership.
Page 125 of 208
Page 4 of 5
YLWD – Dec of Restrictive Covenants (8/21)
13. Resolution of Disputes. Pursuant to California Code of Civil Procedure Sections
638 et seq., any dispute arising out of this Declaration shall be resolved by judicial reference, in
Orange County, by one judicial referee to determine all issues in dispute, whether of fact or of law,
and to report a statement of decision. This is a waiver of any right that may exist to a jury trial, but
the right to appeal is preserved.
The Parties shall meet to select the referee no later than thirty (30) days after service of the
initial complaint on all defendants named in the complaint. The referee must have substantial
experience in the type of matter in dispute and without any relationship to either Party, unless the
Parties agree otherwise.
All costs incurred in connection with the judicial reference proceeding, including the cost
of the stenographic record, shall be advanced equally by the Parties. However, the referee shall
have the power to reallocate such costs among the Parties in the referee’s statement of decision.
14. Attorney’s Fees. In the event of any claim or legal action arising out of this
Declaration, the prevailing party shall be entitled to reasonable costs and expenses, including
attorney’s fees.
15. Severability. If any provision, right, or covenant of this Declaration is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the voided provision, right,
or covenant shall be deemed severed from the remaining provisions of this Declaration, which
shall remain valid and enforceable as permitted by law, and the Parties shall negotiate in good faith
to replace the unenforceable provision(s) in accordance with the original purpose and intent of this
Declaration so stated in the above Recitals.
16. Counterparts. This Declaration may be signed in multiple counterpart copies
(signatures may be by facsimile or electronic mail), each of which shall be deemed an original.
17. Capacity of Signatory. The undersigned executing this Declaration on behalf of
YLWD and Owner hereby personally warrant by signing this Declaration that they are authorized
to bind such Party in executing this Declaration and are acting within the course and scope of that
authority.
18. Recording of Declaration. This Declaration shall be recorded in the Office of the
Recorder of the County of Orange, California, and shall constitute notice to all successors and
assigns of the title to the Subject Property of the rights and obligations in this Declaration.
Page 126 of 208
Page 5 of 5
YLWD – Dec of Restrictive Covenants (8/21)
Approved as to Form: YORBA LINDA WATER DISTRICT
Kidman Gagen Law, LLP
_______________________________
Andrew B. Gagen Phil Hawkins
General Counsel President
Brett R. Barbre
Rosanne P. Weston General Manager
Engineering Manager
OWNER:
Anthony Barber
Page 127 of 208
PROP.
BUILDING
PROP. REC.
ROOM
ANNA MARIE ROAD
Buena Vista Ave
Mariposa Ave
Heather Way
Lakeview AveHighland AveRichfield RdN Van Buren St17966 AnnaMarie Rd)H
1717 E. MIRALOMA AVENUE
PLACENTIA, CALIFORNIA 92870
(714) 701-3000
PREPARED BY:
YORBA LINDA WATER DISTRICT
SCALE:
DATE:
FILENAME:
EXHIBIT "1"
DECLARATION OF RESTRICTIVE
COVENANTS
FOR
17966 ANNA MARIE ROAD
BOOK 203
LOCATION MAP
VICINITY MAP
1" = 50'
11/17/2021
Page 128 of 208
Page 1 of 5
YLWD – Dec of Restrictive Covenants (8/21)
RECORDING REQUESTED BY and when
recorded return to:
Yorba Linda Water District
P.O. Box 309
Yorba Linda, California 92885-0309
This is to certify that this Declaration of
Restrictive Covenants is presented for recording
under the provisions of Gov. Code Sec. 27383 by
the Yorba Linda Water District in performance
of an official service thereof.
____________________________________
Brett R. Barbre
General Manager
Space Above This Line for Recorder’s Use
DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON YLWD EASEMENT)
THIS DECLARATION OF RESTRICTIVE COVENANTS (“Declaration”) is made and
effective on November 17, 2021 by and between YORBA LINDA WATER DISTRICT
(“YLWD”), a public agency, created and operating under the authority of Division 12 of the
California Water Code, and Anthony Barber (“Owner”). YLWD and Owner are sometimes
referred to herein individually as “Party” and collectively as “Parties”.
RECITALS
A. The Owner is the legal owner of that certain real property located at 17966 Anna
Marie Road, Yorba Linda, CA 92886 (“Subject Property”), which is more particularly described
as follows:
PARCEL A, AS SHOWN ON EXHIBIT “A” ATTACHED TO LOT LINE
ADJUSTMENT MAP NO. 2013-06 RECORDED MARCH 20, 2014 AS
INSTRUMENT NO. 2014000106482, AND RECORDED MAY 23, 2018 AS
INSTRUMENT NO. 2018000187344, OFFICIAL RECORDS, ALSO
DESCRIBED AS FOLLOWS:
PARCEL 2 TOGETHER WITH PARCEL 3 OF PARCEL MAP 2009-118, IN THE
CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP FILED IN BOOK 375, PAGES 44 THROUGH 48, INCLUSIVE,
OF PARCEL MAPS, RECORDS OF SAID COUNTY.
B. YLWD owns an Easement, as identified on a Deed of Easement, recorded on
December 19, 1974, in Book 11308, Page 445, Official Records of Orange County, California
Page 129 of 208
Page 2 of 5
YLWD – Dec of Restrictive Covenants (8/21)
(“Easement”), across a portion of the Subject Property. Within the Easement, YLWD owns and
maintains an 8-inch sewer main pipeline and appurtenant structures (“YLWD Facilities”).
C. The Owner desires to construct a new interlocking pavers driveway, 6” curb, storm
drainage features, private water service and landscaping (collectively herein referred to as
“Improvements”) within and along the Easement area. This Declaration prohibits Owner,
without YLWD’s authorization and a recorded amendment to this Declaration, from constructing
and/or retaining any improvements (“Unauthorized Improvements”) other than the
Improvements.
D. The construction, existence, and/or use of the Improvements within and along the
Easement area is hereinafter referred to as the “Encroachment”, which is illustrated in Exhibit
“1” attached hereto.
E. YLWD conditionally consents to the Encroachment as stipulated in this
Declaration. The Owner is aware and hereby acknowledges that the Encroachment may lead to
problems affecting and/or interfering with YLWD’s use of the Easement and access to YLWD
Facilities.
F. Although the construction and subsequent existence of the Improvements within
and along the Easement area may interfere or restrict YLWD’s Easement rights, which may
cause the Improvements to be damaged or demolished as authorized under this Declaration, the
Owner wishes to proceed with the Encroachment.
DECLARATION
NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and
conditions herein, the Parties declare as follows:
1. Covenant Running with Land. This Declaration constitutes a covenant running
with the land as provided by the California Civil Code Section 1468 and shall benefit, burden, and
bind the successive owners of the Subject Property and the Easement.
2. Successors and Assigns Obligation. Since the Owner wishes to retain the
Encroachment, this Declaration obligates the current and future owners of the Subject Property to
remedy any current and future adverse events and to fund any necessary maintenance and repair
costs on the Easement and/or Subject Property that may arise in full or in part due to the existence,
construction, or damages to the Easement and/or YLWD Facilities caused by the Encroachment.
3. Damages to YLWD Facilities. The Owner assumes full responsibility and liability
and shall pay for any cost(s) or damage(s) to the YLWD Facilities, arising from the Encroachment.
YLWD shall not be responsible for any cost(s) or damage(s) to the YLWD Facilities that arise
from the Encroachment.
Page 130 of 208
Page 3 of 5
YLWD – Dec of Restrictive Covenants (8/21)
4. Damages to Third Parties. The Owner, its successors or assigns, agrees to defend,
indemnify and hold YLWD, its officers, directors, employees, agents, and consultants, harmless
against any third-party claims arising out of the Encroachment.
5. Damages to Improvements. The Owner acknowledges that the Improvements
may be damaged or demolished to permit access to, or work within and under, the Easement area
and YLWD Facilities. YLWD, its officers, directors, employees, agents, and consultants, shall not
be responsible or liable for any damage(s) to, or demolition of, the Improvements which result
from YLWD’s exercise of rights under the Easement. The Owner, its successors or assigns, waives
all known, unknown, and future claims, liabilities, causes of action, and expenses (including, but
not limited to, attorneys’ fees) against YLWD, its officers, directors, employees, agents, and
consultants, for losses and damages to the Improvements and from any obligation to protect,
preserve, repair, or replace the Improvements.
6. Unauthorized Improvements. Owner shall not construct and/or retain any
improvements other than the Improvements. If Owner constructs and/or retains any improvement
other than the Improvements, YLWD may (a) require the improvement to be removed promptly
at the Owner’s expense, (b) revoke the Encroachment, and/or (c) exercise any other legal remedy
available to YLWD. Such Unauthorized Improvements shall be treated as Improvements and
subject to this Declaration until YLWD makes it election under (a), (b), and/or (c) of this provision.
GENERAL PROVISIONS
7. Recitals. The above recitals are true and correct.
8. Entire Agreement. This Declaration represents the entire and integrated
agreement between the Parties and supersedes all prior negotiations, representations, or
agreements, either written or oral.
9. Amendment to this Declaration. This Declaration may be amended only by
written instrument signed by the Parties.
10. No Implied Waivers. If any term, condition, or provision of this Declaration is
breached by either Party and thereafter waived by the other Party, that waiver will be limited to
the specific breach so waived, and will not be deemed either to be a continual waiver or to waiv e
any other breach under this Declaration.
11. Governing Law and Interpretation. This Declaration is to be governed under the
laws of the State of California and interpreted according to its plain meaning as if drafted by both
YLWD and Owner.
12. Relationship of Parties. Nothing in this Declaration shall be deemed to create any
form of business organization between the Parties, including, without limitation, a joint venture or
partnership.
Page 131 of 208
Page 4 of 5
YLWD – Dec of Restrictive Covenants (8/21)
13. Resolution of Disputes. Pursuant to California Code of Civil Procedure Sections
638 et seq., any dispute arising out of this Declaration shall be resolved by judicial reference, in
Orange County, by one judicial referee to determine all issues in dispute, whether of fact or of law,
and to report a statement of decision. This is a waiver of any right that may exist to a jury trial, but
the right to appeal is preserved.
The Parties shall meet to select the referee no later than thirty (30) days after service of the
initial complaint on all defendants named in the complaint. The referee must have substantial
experience in the type of matter in dispute and without any relationship to either Party, unless the
Parties agree otherwise.
All costs incurred in connection with the judicial reference proceeding, including the cost
of the stenographic record, shall be advanced equally by the Parties. However, the referee shall
have the power to reallocate such costs among the Parties in the referee’s statement of decision.
14. Attorney’s Fees. In the event of any claim or legal action arising out of this
Declaration, the prevailing party shall be entitled to reasonable costs and expenses, including
attorney’s fees.
15. Severability. If any provision, right, or covenant of this Declaration is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the voided provision, right,
or covenant shall be deemed severed from the remaining provisions of this Declaration, which
shall remain valid and enforceable as permitted by law, and the Parties shall negotiate in good faith
to replace the unenforceable provision(s) in accordance with the original purpose and intent of this
Declaration so stated in the above Recitals.
16. Counterparts. This Declaration may be signed in multiple counterpart copies
(signatures may be by facsimile or electronic mail), each of which shall be deemed an original.
17. Capacity of Signatory. The undersigned executing this Declaration on behalf of
YLWD and Owner hereby personally warrant by signing this Declaration that they are authorized
to bind such Party in executing this Declaration and are acting within the course and scope of that
authority.
18. Recording of Declaration. This Declaration shall be recorded in the Office of the
Recorder of the County of Orange, California, and shall constitute notice to all successors and
assigns of the title to the Subject Property of the rights and obligations in this Declaration.
Page 132 of 208
Page 5 of 5
YLWD – Dec of Restrictive Covenants (8/21)
Approved as to Form: YORBA LINDA WATER DISTRICT
Kidman Gagen Law, LLP
_______________________________
Andrew B. Gagen Phil Hawkins
General Counsel President
Brett R. Barbre
Rosanne P. Weston General Manager
Engineering Manager
OWNER:
Anthony Barber
Page 133 of 208
PROP.
BUILDING
PROP. REC.
ROOM
ANNA MARIE ROAD
Buena Vista Ave
Mariposa Ave
Heather Way
Lakeview AveHighland AveRichfield RdN Van Buren St17966 AnnaMarie Rd)H
1717 E. MIRALOMA AVENUE
PLACENTIA, CALIFORNIA 92870
(714) 701-3000
PREPARED BY:
YORBA LINDA WATER DISTRICT
SCALE:
DATE:
FILENAME:
EXHIBIT "1"
DECLARATION OF RESTRICTIVE
COVENANTS
FOR
17966 ANNA MARIE ROAD
BOOK 11308
LOCATION MAP
VICINITY MAP
1" = 50'
11/17/2021
Page 134 of 208
ITEM NO. 8.15.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:John DeCriscio, Operations Manager
Jeremy Smith, Safety and Training Analyst
SUBJECT:Memorandum of Understanding with the County of Orange for use
of Mass Notification System (AlertOC)
RECOMMENDATION:
That the Board of Directors authorize the General Manager to execute and manage a
Memorandum of Understanding with the County of Orange to allow their use of the County's
Countywide Mass Notification System under the terms and conditions of the County's
Countywide Notification System Operating Guidelines and vendor-provided agreements,
commencing on July 1, 2021, through December 30, 2024.
FISCAL IMPACT:
The County is sponsoring the system. Any financial impact will be due to staff time for training
and data management of the system.
BACKGROUND:
AlertOC has been used since its inception in 2008 to contact hundreds of thousands of
Orange County residents in times of emergency. Public safety agencies have employed
AlertOC for a wide range of notifications, including missing children, tornado warnings, severe
weather alerts, COVID-19, and many evacuations. On July 22, 2008, the Orange County
Board of Supervisors extended use of the AlertOC system regionally by approving a
Memorandum of Understanding with Orange County municipalities and public universities.
The Memorandum of Understanding allows these entities to use the County's Countywide
Mass Notification System under the terms and conditions of the County's Countywide Mass
Notification System Operating Guidelines and vendor-provided agreements.
Initially, AlertOC was only available as a tool to the County and cities within Orange County.
This meant that only the cities and the County had the ability to send messages to the public.
Additionally, the system provides a component for internal employee notifications. If YLWD
needed to send a message to the public, the District would have had to either contract for this
service separately or request the alert be distributed by the County Emergency Management
Page 135 of 208
Division or by one of the cities YLWD serves. WEROC, on behalf of the water and wastewater
special districts, began working with the County to include the ability for water and wastewater
agencies to have access and use the system.
On June 18, 2013, the Board of Supervisors approved a Memorandum of Understanding with
Orange County incorporated cities, public universities, and water/wastewater special districts
allowing their use of the County's Countywide Mass Notification System under the terms and
conditions of the County's Countywide Mass Notification System Operating Guidelines and
vendor-provided agreements. On June 22, 2021, the Board of Supervisors approved an
updated version of the Memorandum of Understanding with Orange County cities, public
universities, and water/wastewater agencies for a four (4) year term beginning July 1, 2021.
To participate, YLWD will need to execute a Memorandum of Understanding with Orange
County and staff will need to attend training on the use of the system. Currently, there is no
cost to use the system at this time as the County is sponsoring this program. In partnership
with the County of Orange, WEROC as the Operational Area Water and Wastewater Mutual
Aid Coordinator, will be the facilitator of the execution of this agreement for all water and
wastewater special districts choosing to use the system for the following purposes:
Oversight of the Memorandum of Understanding with the County of Orange and
tracking the use of AlertOC.
Execution tracking of the Memorandum of Understanding.
Ensure training is provided on the system to identified user's.
Maintenance of universal templates for water and wastewater agencies in compliance
with state and federal requirements on regulatory language (ex: Order: Boil Water).
PRIOR RELEVANT BOARD ACTION:
2013: Approved updated AlertOC MOU between 2013 - 2016
2016: Approved updated AlertOC MOU between 2016 - June 30, 2021
ATTACHMENTS:
1.Memorandum of Understanding
Page 136 of 208
Page 1 of 5
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF ORANGE
AND
PARTICIPANTS
FOR USE OF COUNTYWIDE MASS NOTIFICATION SYSTEM
This Memorandum of Understanding, hereinafter referred to as “MOU,” dated June 30,
2021, which date is stated for purposes of reference only, is entered into by and between the
County of Orange, a political subdivision of the State of California, hereinafter referred to as
“COUNTY,” and the undersigned municipalities, public universities and water agencies
responsible for protecting a resident population and maintaining a dedicated public safety
answering point (PSAP) within the County of Orange, hereinafter referred to individually as
“PARTICIPANT” or collectively as “PARTICIPANTS.”
This MOU is intended to establish governance and terms of use for a Countywide Public
Mass Notification System.
RECITALS
WHEREAS, COUNTY is sponsoring a Countywide Public Mass Notification System
(“System”) for the primary intent of providing timely communication to the public during times
of emergency; and
WHEREAS, the County is making use of the System available to all cities and agencies
within the County of Orange who have the responsibility for protecting a resident population and
maintaining a dedicated public safety answering point (PSAP); and
WHEREAS, COUNTY entered into Orange County Agreement No. MA-060-20010263
(“Agreement”) with Everbridge, Inc., for the provision of Public Mass Notification System
Services, on or about December 31, 2019 attached hereto as Exhibit A, to disseminate critical,
time-sensitive emergency information to COUNTY’s citizens and businesses through phone and
e-mail devices for emergency notification purposes; and
WHEREAS, COUNTY agrees to provide to PARTICIPANTS access to the services
provided by Everbridge, Inc. as contained in the Agreement in exchange for abiding by the
terms set forth in this MOU; and
WHEREAS, PARTICIPANTS agree to uphold the same terms and conditions of the
Agreement, to use the System in compliance with all usage agreements, including but not limited
to the End User License Agreement, identified and incorporated herein as Exhibit A (Orange
County Agreement No. MA-060-20010263, Exhibit B (Countywide Public Mass Notification
System Policy and Guideline), and Exhibit C (Nondisclosure Document), and the terms of this
MOU to receive the benefits under the Agreement
NOW, THEREFORE, the parties agree as follows:
Page 137 of 208
Page 2 of 5
I. Definitions:
“Agreement” shall refer to Orange County Agreement No. MA-060-20010263 between
COUNTY and Everbridge, Inc. .
“Countywide” shall mean all geographic locations in Orange County, California.
“Contact information” shall mean PARTICIPANT and public contact data stored in the
System for the purpose of disseminating communication in accordance with this MOU
and its Exhibits.
“Confidential Information” shall include but not be limited to personal identifying
information about an individual such as address, phone number, Social Security number,
or any other identifier protected from disclosure by law, and/or any other information
otherwise protected from disclosure by law, for example, the identity of a victim of a sex
crime or a juvenile.
“Emergency” shall include, but not be limited to, instances of fire, flood, storm,
epidemic, riots, or disease that threaten the safety and welfare of the citizens and property
located within the boundaries of the COUNTY and PARTICIPANTS’ respective
jurisdictions.
“Emergency information” shall mean information relevant to the safety and welfare of
recipients in the event of an Emergency. Such information shall include but not be
limited to instructions and directions to alleviate or avoid the impact of an emergency.
“Emergency notification situation” shall mean instances when emergency information is
to be distributed through the System.
“Individual User” shall mean an agent, officer, employee or representative of
PARTICIPANT that has been granted access to the System as set forth in this MOU.
“Non-emergency information” shall refer to information that is not relevant to the safety
and welfare of recipients, but has been deemed to be of significant importance to a
PARTICIPANT’s jurisdiction to justify the use of the System to distribute such
information.
“Non-emergency notification situation” shall mean instances when a PARTICIPANT
deems non-emergency information to be of significance to a PARTICIPANT’S
jurisdiction and the PARTICIPANT uses the System to distribute such information.
“System” shall mean the Public Mass Notification System as provided by Everbridge,
Inc. to COUNTY under the Agreement. The System is designed to disseminate
information by utilizing common communications, i.e. telephone and e-mail
communications to citizens and businesses as permitted under the Agreement.
Page 138 of 208
Page 3 of 5
Hold Harmless: PARTICIPANT will defend, indemnify and save harmless COUNTY,
its elected officials, officers, agents, employees, volunteers and those special districts and
agencies which COUNTY's Board of Supervisors acts as the governing Board
("COUNTY INDEMNITEES") from and against any and all claims, demands, losses,
damages, expenses or liabilities of any kind or nature which COUNTY, its officers,
agents, employees or volunteers may sustain or incur or which may be imposed upon
them for injury to or death of persons, or damages to property as a result of, or arising out
of the acts, errors or omissions of PARTICIPANT, its officers, agents, employees,
subtenants, invitees, licensees, or contracted vendors. COUNTY will defend, indemnify
and save harmless PARTICIPANT, its officers, agents, employees and volunteers from
and against any and all claims, demands, losses, damages, expenses or liabilities of any
kind or nature which PARTICIPANT, its officers, agents, employees or volunteers may
sustain or incur or which may be imposed upon them for injury to or death of persons, or
damages to property as a result of, or arising out of the acts, errors or omissions of
COUNTY, its officers, agents, employees, subtenants, invitees, licensees, or contracted
vendors.
III. Term: This MOU shall be in effect from July 1, 2021 and shall expire on December 30,
2024 unless COUNTY funding of the System becomes unavailable at which time
PARTICIPANTS will be given six-month advance notice per the termination terms found
in Paragraph IX. Termination, below.
IV. Scope of Services: PARTICIPANTS shall receive from COUNTY access to the same
services being provided by Everbridge, Inc. to the COUNTY under the Agreement.
COUNTY’s involvement in this MOU is limited only to extending the availability of the
terms and conditions of the Agreement to the PARTICIPANTS.
V. Use: Use of the System and its data, including but not limited to contact information, is
governed by the terms, conditions and restrictions set forth in the terms provided in
Exhibit A, B, C, and D. All PARTICIPANTS agree to the terms and conditions contained
in Exhibits A, B, C, and D. COUNTY retains the right to update Exhibits A, B, C, and D
as needed, in whole or in part, during the life of this MOU. Any and all revised Exhibits
will be distributed to PARTICIPANTS within five business days of the revision date and
shall be incorporated into this MOU. Such modifications to the Exhibits shall not be
deemed an amendment for the purposes of Paragraph X. Amendments, below.
PARTICIPANT, including each of its agents, officers, employees, and representatives
who are given access to the System, agrees to abide by the individual terms of each
agreement and the additional conditions incorporated herein. Breach of use may result in
individual user or PARTICIPANT access account termination.
PARTICIPANT agrees to require each Individual User to execute an Individual User
Agreement (Exhibit D) regarding their obligations to maintain the confidentiality of login
and password information; ensure that they will use the System in accordance with all
applicable laws and regulations, including those relating to use of personal information;
that they may be responsible for any breach of the terms of the Agreement with
Page 139 of 208
Page 4 of 5
Everbridge and/or this MOU; and the confidentiality provisions of this MOU.
PARTICIPANT further agrees to provide a copy of the signed Individual User
Agreement to COUNTY and notify COUNTY, in writing, if an individual user withdraws
their consent to the Individual User Agreement at anytime during the term of this MOU.
The scope of services under the Agreement is limited to using the System to distribute
business communication to PARTICIPANT inter-departmental resources and/or
emergency information to the public in emergency notification situations.
All PARTICIPANTS have read and accept the terms and conditions found in COUNTY’s
“Countywide Public Mass Notification System Policy and Guideline (June 30, 2008)”,
attached hereto as Exhibit B.
VI. Notice: Any notice or notices required or permitted to be given pursuant to this MOU
shall be submitted in writing and delivered in person, via electronic mail or via United
States mail as follows:
COUNTY:
County of Orange – Sheriff-Coroner Department
Emergency Management Division
Attn: Director of Emergency Management
2644 Santiago Canyon Road
Silverado, CA 92676
PARTICIPANTS: Each PARTICIPANT shall provide to COUNTY a contact person
and notice information upon entering into this MOU. Each PARTICIPANT shall
notify COUNTY if there is an updated contact person.
Notice shall be considered tendered at the time it is received by the intended
recipient.
VII. Confidentiality: Each party agrees to maintain the confidentiality of confidential records
and information to which they have access a result of their use of the System and
pursuant to all statutory laws relating to privacy and confidentiality that currently exist or
exist at any time during the term of this MOU. All information and use of the System
shall be in compliance with California Public Utilities Code section 2872. No party shall
post confidential information as part of a mass notification unless the law allows such
information to be released.
VIII. Termination: The COUNTY or any PARTICIPANT may terminate its participation in
this MOU at any time for any reason whatsoever. If any PARTICIPANT chooses to
terminate its participation in this MOU, the terminating PARTICIPANT shall provide
written notification in accordance with Paragraph VII. Notice, above. Such notice shall
be delivered to the COUNTY 30 days prior to the determined termination date. A
terminating PARTICIPANT shall uphold the obligations contained in Paragraph II. Hold
Harmless, in its entirety and Paragraph VIII. Confidentiality, above. Upon termination,
PARTICIPANT agrees to inform each PARTICIPANT user to stop using the System and
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Page 5 of 5
to relinquish all System access, user accounts, passwords and non-PARTICIPANT data
to COUNTY immediately. PARTICIPANT may choose to delete and/or export non-
public PARTICIPANT (aka inter-departmental) owned contact information, as well as,
export resident provided contact information prior to termination. Resident provided
contact information acquired through PARTICIPANT sources shall remain in the System
and available to the County for regional or multi-jurisdictional notification use as needed.
Should COUNTY discontinue its funding for the System, which shall be grounds for
COUNTY’s termination of its participation, COUNTY shall give PARTICIPANTS one
month advance courtesy notice prior to terminating the Agreement. All other reasons for
terminating by COUNTY shall be valid upon providing notice to the PARTICIPANTS.
Upon termination by COUNTY, this MOU shall no longer be in effect.
Termination by a PARTICIPANT shall not be deemed an amendment to this MOU as
defined in Paragraph X. Amendments, below.
IX. Amendments: This MOU may be amended only by mutual written consent of the parties
involved unless otherwise provided for in this MOU. The modifications shall have no
force and effect unless such modifications are in writing and signed by an authorized
representative of each party. Termination by a PARTICIPANT or adding a new
PARTICIPANT to this MOU shall not be deemed an amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding
to be executed by their duly authorized representatives as of the dates opposite the signatures.
COUNTY OF ORANGE
By: ___________________________________ Date: _________________
Don Barnes, Sheriff-Coroner
County of Orange
By: ___________________________________ Date: _________________
Wendy Phillips, County Council
County of Orange
PARTICIPANT: __________________________________________
By: __________________________________ Date: _________________
Authorized Signature
___________________________________
Print Name and Title
Wendy Phillips (May 21, 2021 08:43 PDT)May 21, 2021
Page 141 of 208
1_MOU Alert OC Mass Notification Final Draft
(Reviewed by COCO)
Final Audit Report 2021-05-21
Created:2021-05-21
By:Janell Harriman (jharriman@ocsd.org)
Status:Signed
Transaction ID:CBJCHBCAABAAlV5WZcUzTZoGZeuqwnr97kt_1qN8JVox
"1_MOU Alert OC Mass Notification Final Draft (Reviewed by C
OCO)" History
Document created by Janell Harriman (jharriman@ocsd.org)
2021-05-21 - 3:29:12 PM GMT- IP address: 12.24.53.132
Document emailed to Wendy Phillips (wendy.phillips@coco.ocgov.com) for signature
2021-05-21 - 3:30:32 PM GMT
Email viewed by Wendy Phillips (wendy.phillips@coco.ocgov.com)
2021-05-21 - 3:31:18 PM GMT- IP address: 206.194.127.242
Document e-signed by Wendy Phillips (wendy.phillips@coco.ocgov.com)
Signature Date: 2021-05-21 - 3:43:11 PM GMT - Time Source: server- IP address: 206.194.127.242
Agreement completed.
2021-05-21 - 3:43:11 PM GMT
Page 142 of 208
ITEM NO. 8.16.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:John DeCriscio, Operations Manager
SUBJECT:Purchase of Sound Attenuated Trailer Mounted 4" Pump Package
RECOMMENDATION:
That the Board of Directors authorize the General Manager to utilize funds from the Sewer
Capital Reserve to purchase a Sound Attenuated Trailer Mounted 4" Pump Package from
Charles King Company (lowest bidder) for $74,213.00.
SUMMARY:
The Operations Department has determined that it needs a Trailer Mounted Pump Package for
sewer discharges. It is District policy to submit vehicle and major equipment purchases to the
Board of Directors for approval. District purchasing policy also dictates the means and
methods for procurement of vehicles and equipment of this value.
FISCAL IMPACT:
Budgeted: No
Cost Estimate: $74,213.00
BACKGROUND:
On September 14, 2021, the Operations Manager presented an "After Action Report for Sewer
Easement Vandalism" to the Board. In his report, the Operations Manager outlined issues with
using rental equipment to help manage these types of events in relation to pump sizes and
attachments.
The Operations Manager directed the Operations Superintendent to work with Operations staff
to draft specifications for purchasing a Trailer Mounted 4" Pump Package. After assessing the
needs of the District, a request for quotation (RFQ) was submitted to three vendors that staff
determined could meet the needs of the District in regard to pump equipment. The RFQ
sought a price for a Sound Attenuated Trailer Mounted 4" Pump Package and various
attachments that would be needed. The vendors provided the following pricing for the District's
specifications:
Page 143 of 208
Charles King Company: $74,213.00
Haaker: $89,240.00
Total Clean: $91,136.89
After reviewing the quotes, staff determined that Charles King Company would meet the needs
of the District. The capital outlay budget for vehicles and equipment for FY22 did not include
this purchase and as such, the Operations department is requesting the Board of Directors
authorize utilization of funding from the Sewer Capital Reserve.
Page 144 of 208
ITEM NO. 8.17.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Rosanne Weston, Engineering Manager
Reza Afshar, Senior Engineer
SUBJECT:Ratification of Emergency Expenditure for Well 22 Energy
Dissipator Project
RECOMMENDATION:
That the Board of Directors make a finding based on evidence presented by staff that the
General Manager's expenditure for construction of the Well 22 Energy Dissipator Project was
necessary and constituted an emergency as set forth in Section 10.0 of the District's
Purchasing Policy.
SUMMARY:
The construction of Well 22 is critical to ensure water supply resiliency. Well 22 will replace
Well 15, which is currently being abandoned. The District previously drilled Well 22 and
completed the design to equip the well. However, the well equipping was placed on hold
pending the construction of the PFAS Water Treatment Plant and completion of Well 22 design
modifications needed to accommodate the change in system hydraulics. In an effort to fast-
track this project, the District chose to divide the project into two parts: (1) installation of well
equipment; and (2) construction of an energy dissipator.
The energy dissipator will serve to properly discharge waste flow from the well to the
Huckleberry Basin. The District originally requested quotes for construction of the energy
dissipator rather than formally bid the project, as the design consultant’s Engineering Cost
Estimate ($34,868.00) was below the purchasing policy threshold of $75,000. However, due to
increased costs in supplies and services, the seven (7) quotes received ranged from
$112,965.65 to $239,890.00. This project was identified as an emergency project and the
General Manager authorized the contract award to T.E. Roberts on September 28, 2021, for
$112,965.65.
Formally bidding this project, following receipt of the seven (7) quotes, would have delayed the
project start by at least three months. This delay would have caused the District to miss the
construction window. The construction window constraints included OCWD’s ability to lower
the water level in Huckleberry Basin during the month of October to minimize dewatering
Page 145 of 208
requirements, and the need to complete the project prior to the start of bird nesting season
beginning February 1, 2021. If the District had not moved forward with awarding this project,
YLWD would have incurred significant project delays, jeopardizing the District’s water supply
resiliency.
FISCAL IMPACT:
Budgeted: Yes
Budget: $34,868
Construction Cost Estimate: $112,965.65.
Job No: J-2009-22#22
BACKGROUND:
In Section 10.0 of the District’s Purchasing Policy, Emergency Procurement Procedures, the
Policy states that “In the event that the District declares an Emergency, the District may
procure the necessary equipment, services, and supplies in response to that Emergency
without following the purchasing procedures prescribed by this Policy. If the Emergency
procurement exceeds the General Manager’s approval authority, the General Manager, or
his/her designee, shall report to the Board, at its next meeting, the reasons justifying why the
Emergency did not permit time to comply with the District’s purchasing requirements and why
the purchase was necessary to respond to the Emergency. After the District makes an
Emergency Procurement, it shall make a finding based on substantial evidence set forth in the
minutes of its meeting that the Emergency did not permit time to comply with the District’s
purchasing requirements, and that the purchase was necessary to respond to the Emergency.”
STRATEGIC PLAN INITIATIVES:
G1 6B - Maintain distribution system and its capability to provide 100% groundwater and/or
import water to the entire service area.
Page 146 of 208
ITEM NO. 8.18.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Gina Knight, Human Resources and Risk Manager
SUBJECT:Adjustments to Employee Benefits Program
RECOMMENDATION:
That the Board of Directors approve adjustments to the employee benefits program for dental
and vision care, and life insurance.
BACKGROUND:
At the special meeting held October 13, 2021, the Board of Directors authorized the General
Manager to negotiate changes to the employee benefits program with the YLWD Employees
Association (YLWDEA). The change in benefit plans will apply to all employees of the District.
The membership of the YLWDEA has voted to accept the changes to the employee benefits
program effective January 1, 2022. The new plans will provide enhanced benefits at minimal
additional cost to be shared by the District and employees. These changes affect the plans
for dental care (which will now include an orthodontia benefit), vision care, and life insurance.
FISCAL IMPACT:
Budgeted: No
Cost Estimate: $51,009.24 (1 year)
STRATEGIC PLAN INITIATIVES:
G5 1A - Retain a highly skilled and capable workforce.
ATTACHMENTS:
1.Schedule of Changes to Employee Benefits Program
Page 147 of 208
Dental Benefit Enhancement
Item Current Proposed Benefit ∆
Preventative 85% coverage 100% coverage 15% increased coverage
Restorative 80% coverage 85% coverage 5% increased coverage
Orthodontia 0% coverage 50% coverage 50% increased coverage
Total Dollar Benefit $1,500/year $2,000/year +$500 increased benefit
TOTAL $500.00
Cost to District:$35,124/year
Cost to Employee (Voluntary Benefit)
Class Increase per Pay Period*Increase Per Year
Employee $0.00 $0.00
Employee + 1 $2.41 $57.96
Employee + 2 $5.56 $133.32
*Increase per pay period calculated in following manner:
Increase per Year divided by 24 pay periods.
26 total pay periods per year.
Page 148 of 208
Vision Benefit Enhancement
Item Current Proposed Benefit ∆
Inside Network Exam $10.00 $10.00 $0.00
Outside Network Exam $35.00 $50.00 +$15.00
Frames $140.00 $200.00 +$60.00
Contacts $155.00 $200.00 +$45.00
TOTAL $120.00
Cost to District:$13,656/year
Cost to Employee (Voluntary Benefit)
Class Increase per Pay Period*Increase Per Year
Employee $0.00 $0.00
Employee + 1 $0.29 $6.96
Employee + 2 $1.60 $38.52
*Increase per pay period calculated in following manner:
Increase per Year divided by 24 pay periods.
26 total pay periods per year.
Page 149 of 208
Life Insurance Benefit Enhancement
Zero Cost to Board and Staff
Item Current Proposed Benefit ∆
Board Coverage $10,000 $50,000 +$40,000
Employee Coverage $150,000 $200,000 +$50,000
Cost to District:$2,229.24/year
Page 150 of 208
ITEM NO. 9.1.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Alison Martin, Public Affairs Manager
SUBJECT:Support of Water Infrastructure Funding Act of 2022
STAFF RECOMMENDATION:
That the Board of Directors adopt Resolution No. 2021-XX Supporting the Water Infrastructure
Funding Act of 2022.
SUMMARY:
The Water Infrastructure Funding Act of 2022 (Act) would require the transfer of 2% of the
State’s General Fund Revenue annually into a trust account for water projects until a minimum
of 5,000,000 acre-feet of additional annual water supply can be delivered to Californians every
year thereafter. Upon reaching the threshold of a minimum of 5,000,000 acre-feet delivered
annually, the automatic transfer of 2% of the State’s General Fund would be inoperative,
except as necessary to repay any outstanding bond debt.
The California Water Commission is the entity responsible for implementing the Act.
The trust account of the Act will be used to fund the following project categories:
1. Development or expansion of groundwater aquifer storage, remediation, and
recovery projects
2. Recycling, purification, and treatment of stormwater and wastewater to water reuse
standards including, but not limited to, current drinking water standards at the time
the project is approved
3. Expansion, repair, or replacement of existing surface reservoirs, and construction of
new surface reservoirs
4. Desalination plants
5. Water conveyance development, maintenance, or expansion, for the delivery of
clean, safe drinking water for homes and businesses, and water for agricultural
uses, consistent with the area of origin water rights
6. Other projects designed to increase the clean, safe, and affordable supply of water
to all Californians with emphasis on California’s disadvantaged communities, and
other projects designed to increase conservation
Page 151 of 208
7. Research and development of new technologies designed to increase the clean,
safe, and affordable supply of water to all Californians, subject to an annual limit of
no more than two percent of available funds
The Act also amends the Public Resources Code to allow drought resiliency projects
associated with funding from the Act to be subject to a streamlined review of the applicant’s
compliance with CEQA, and in some cases, would make projects funded by the Act exempt
from CEQA. Furthermore, the Act gives the Secretary of Natural Resources the ability to
review, approve, deny, and/or issue any Coastal Commission action or inaction for projects
funded partially or wholly by the Act. This includes any coastal development permits or denials
arising from appeals of a local government pursuant to a local coastal program.
According to the Attorney General of California, this initiative would be a constitutional
amendment and create a statute.
BACKGROUND:
California has a process for the enactment and certification of citizen-sponsored initiatives.
The Water Infrastructure Funding Act of 2022 received its title and summary from the
Secretary of State on November 1, 2022. It is now eligible to begin circulation for the collection
of signatures. Proponents of the measure will need to collect 997,139 signatures by May 2,
2022, in order to qualify for the November 2022 ballot. The measure will receive a ballot
number and designation once it has officially qualified.
Proponents who submitted the measure to the Secretary of State include Orange County
Water District Board President Stephen Sheldon and Mesa Water District Vice President
Shawn Dewayne.
ATTACHMENTS:
1.Resolution No. 2021-XX - Supporting Water Infrastructure Funding Act
2.Title and Summary of Ballot Initiative
3.Ballot Initiative
4.Legislative Analyst's Office Fiscal Impact Report
5.More Water Now Summary and Legislator Endorsements
Page 152 of 208
Resolution No. 2021-XX Supporting The Water Infrastructure Funding Act of 2022 1
RESOLUTION NO. 2021-XX
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
SUPPORTING THE WATER INFRASTRUCTURE FUNDING ACT OF 2022
WHEREAS,the Yorba Linda Water District (“District”) is a county water district organized
and operating pursuant to the provisions of the laws of the State of
California (State or California).
WHEREAS,the challenges of a growing population in conjunction with climate change
and prolonged droughts have exposed the serious flaws within the state of
California’s water infrastructure.
WHEREAS, the District, pledges its support to the “Water Infrastructure Funding Act of
2022,” a citizens’ constitutional amendment, filed for title and summary on
August 26, 2021.
WHEREAS,this Act, when approved by voters, will accomplish the following objectives:
1. Provide ample funds for water infrastructure by allocating two percent of
the state’s general fund to support projects that increase California’s
annual supply of water to cities, farms, and unserved regions.
2. Unlock immediate access to tens of billions of dollars that will be
invested in water projects by permitting up to half of the two percent
allocation that will be used to pay principal and interest on construction
bonds.
3. Give priority to underfunded projects approved by voters in Prop. 1
(2014) that are also already approved by the California Water
Commission.
4. Prioritize the maintenance, repair, and upgrading of projects to deliver
abundant and affordable drinking water to underserved communities.
5. Funding does not expire until the supply capacity of new projects
provides five million acre-feet of new water for California consumers,
with surplus water used to protect California’s ecosystems.
6. Eligible projects include funding for conservation programs that will
result in up to one million acre-feet of water saved.
7. Allocate funds based on an all-of-the-above strategy, allowing
Californians to repair and upgrade aqueducts, dams, water treatment
plants, build off-stream reservoirs, expand existing reservoirs, invest in
wastewater reuse and desalination plants, runoff capture, and aquifer
recharge and recovery.
8. Streamline the bureaucratic process so projects can be designed and
built in a reasonable period of time.
WHEREAS,the funding allocated within this proposal will ensure the state achieves
water resilience and adequately provides clean, safe, and affordable drinking water to all
Californians.
Page 153 of 208
Resolution No. 2021-XX Supporting The Water Infrastructure Funding Act of 2022 2
NOW, THEREFORE, the Board of Directors of the Yorba Linda Water District does
hereby resolve to support his initiative to increase California’s water supply by five million
acre-feet, improve our aging water infrastructure, and to construct new means to capture
and deliver water to all parts of our state.
PASSED AND ADOPTED this 17st day of November, 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 as to form by General Counsel:
Andrew B. Gagen, Esq.
Kidman Gagen Law LLP
Page 154 of 208
November 1, 2021
Initiative 21-0014 (Amdt. 1)
The Attorney General of California has prepared the following title and summary of the chief
purpose and points of the proposed measure:
DIRECTS TWO PERCENT OF GENERAL FUND TO WATER SUPPLY PROJECTS;
LIMITS ENVIRONMENTAL REVIEW FOR ELIGIBLE PROJECTS. INITIATIVE
CONSTITUTIONAL AMENDMENT AND STATUTE. Transfers two percent of annual
General Fund revenues to Water Supply Infrastructure Trust Account for water infrastructure
projects until state increases its annual water supply by 5,000,000 acre-feet. Prioritizes funding
projects that are approved or ready to start. Authorizes issuance of general obligation bonds for
water projects to be repaid with revenues in Trust Account. Limits environmental review of
eligible projects through expedited California Environmental Quality Act (CEQA) process.
Limits Coastal Commission review of specified projects; authorizes California Natural
Resources Agency to override Coastal Commission decisions. Limits constitutional challenges
to approved projects. Summary of estimate by Legislative Analyst and Director of Finance of
fiscal impact on state and local governments: Total costs of several tens of billions of dollars
for water projects, potentially totaling more than $100 billion, to develop 5 million acre-feet
of additional annual water supply. Dedicate between $2.5 billion and $4 billion per year of
existing state General Fund revenues for the next few decades to support the above costs.
These funds would therefore not be available to support other public services funded by
the state. Unknown fiscal impacts on local governments, but likely some net savings from
state funds replacing monies that local governments otherwise would have spent on water
supply projects. (21-0014A1.)
Page 155 of 208
2 1- 0 0 1 4 Arndt. # I
California Action
PO Box 730
Hilmar, CA 95324
September 29, 2021
Anabel Renteria .RECEIVED
Initiative Coordinator
Office of the Attorney General SEP 2 9 2021
State of California INITIATIVE COORD
TOR
PO Box 994255 ATTORNEY GENERALS OFFICE
CE
Sacramento, CA 94244-25550
Re: Initiative 21-0014 - Amendment Number One
Dear Initiative Coordinator:
Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please
find Amendment #1 to Initiative No. 21-0014. The amendments are reasonably
germane to the theme, purpose or subject of the initiative measure as originally
proposed.
I am the proponent of the measure and request that the Attorney General
prepare a circulating title and summary of the measure as provided by law, using the
amended language.
Thank you for your time and attention processing my request.
Sincerely,
Edward Arthur Ring
Page 156 of 208
Shawn Dewane
September 23, 2021
Anabel Renteria
Initiative Coordinator
Office of the Attorney General
State of California
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0014 - Amendment Number One
Dear Initiative Coordinator:
Pt, rsuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please
find Amendment #1 to Initiative No. 21-0014. The amendments are reasonably
germane to the theme, purpose or subject of the initiative measure as originally
proposed.
I am the proponent of the measure and request that the Attorney General
prepare a circulating title and summary of the measure as provided by law, using the
amended language.
Thank you for your time and attention processing my request.
rsincere)l,
e
Page 157 of 208
Wayne Western Jr.
September 23, 2021
Anabel Renteria
Initiative Coordinator
Office of the Attorney General
State of California
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0014 - Amendment Number One
Dear Initiative Coordinator:
Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please
find Amendment #1 to Initiative No, 21-0014. The amendments are reasonably
germane to the theme, purpose or subject of the initiative measure as originally
proposed.
I am the proponent of the measure and request that the Attorney General
prepare a circulating title and summary of the measure as provided by law, using the
amended language.
Thank you for your time and attention processing my request.
Sincerely,
Wayne Wester Jr.
Page 158 of 208
Geoffrey Todd Vanden Heuvel
September 23, 2021
Anabel Renteria
Initiative Coordinator
Office of the Attorney General
State of California
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0014 - Amendment Number One
Dear Initiative Coordinator -
Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please
find Amendment #1 to Initiative No. 21-0014. The amendments are reasonably
germane to the theme, purpose or subject of the initiative measure as originally
proposed.
I am the proponent of the measure and request that the Attorney General
prepare a circulating title and summary of the measure as provided by law, using the
amended language.
Thank you for your time and attention processing my request.
Sincerely,
Geoffrey Todd Vanden Heuvel
Page 159 of 208
Stephen Rex Sheldon
September 23, 2021
Anabel Renteria
Initiative Coordinator
Office of the Attorney General
State of California
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0014 - Amendment Number One
Dear Initiative Coordinator:
Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please
find Amendment #1 to Initiative No. 21-0014. The amendments are reasonably
germane to the theme, purpose or subject of the initiative measure as originally
proposed.
I am the proponent of the measure and request that the Attorney General
prepare a circulating title and summary of the measure as provided by law, using the
amended language.
Thank you for your time and attention processing my request.
Sincerely,
Stephen Rex Sheldon
Page 160 of 208
Water Infrastructure Funding Act of 2022
SECTION 1. TITLE
This measure shall be known and may be cited as the "Water Infrastructure Funding Act of 2022."
SECTION 2. STATEMENT OF FINDINGS AND DECLARATION OF PURPOSE AND
INTENT
The People of the State of California find and declare all of the following:
(A) Safe, sufficient and affordable water is a human right and fundamental to our quality of life
and key to the economic development of our community. Previous Constitutional Amendments
have prioritized spending for public education, public safety and transportation.
(B) It is long -past time for Californians to prioritize spending; to increase California's storage
and supply of clean, safe drinking water for homes and businesses, water for agricultural use, and
treatment, purification, and reclamation of stormwater and wastewater, while maintaining
protection for the environment. Short-term and long-term drought resiliency requires an increase
in the supply of water, through surface and subsurface stora,, . waste water treatment and reuse,
and desalination, including ocean and inland brackish water.
(C) Water projects take years to permit, and, once issued, those permits can be subject to
lengthy litigation, delaying the realization of new water supplies.
(D) Therefore, the people of the State of California hereby enact the "Water Infrastructure
Funding Act of 2022" (the "Act") to:
(1) Require the transfer of two percent (2%) of the State's General Fund Revenue each and
every year into a trust account until the State certifies that water projects funded, in whole or in
part, have created a minimum increase of five million acre-feet (5.000.000 AF) of additional
annua l water supply that can be reliably delivered to Californians every year thereafter;
(2) Provide "pay-as-you-go" funding for certain water projects, including those ready for
immediate construction, while also authorizing the issuance of general obligation bonds which
may be repaid using up to half of the revenue transferred into the trust account each year for larger,
longer-term water projects, all for the purpose of creating a minimum of five million acre-feet
(5,000,000 AF) of additional annual water supply;
(3) Require that such projects include new or increased storage capacity in reservoirs and
aquifers. desalination, recycling and treatment of waste and stormwater. repair and upgrade to
water systems for the delivery of clean, safe drinking water for homes and businesses, water for
agricultural uses, and other projects designed to increase the safe and affordable supply of water
to all Californians;
(4) Except as necessary to repay any outstanding bonds issued pursuant to this Act, this annual
minimum funding requirement shall become inoperative upon the State's certification that a
Page 161 of 208
minimum of five million acre-feet (5.000.000 AF) of additional annual water supply capacity has
been created and is being delivered to California's urban and agricultural consumers; and
(5) Provide for streamlined administrative processing and judicial review of water projects
funded, in whole or in part, by this Act or otherwise certified by the California Water Commission
as a drought resiliency project that would help achieve a minimum of five million acre-feet
(5.000.000 AF) of additional annual water supply capacity.
SECTION 3. MINIMUM FUNDING GUARANTEE FOR WATER INFRASTRUCTURE
PROJECTS
Section 2.5 is added to Article X of the Constitution to read:
SEC 2.5(a) The Treasurer shall annually transfer an amount equal to two percent (2%) of all state
revenues which may be appropriated pursuant to Article XIII B, from the General Fund to the
Water Supply Infrastructure Trust Account, which is hereby created in the State Treasury. The
first annual transfer shall occur in the first fiscal year following the effective date of this section.
(b) Moneys in the trust account are hereby continuously appropriated, notwithstanding Section
13340 of the Government Code, to the California Water Commission for its actual cost of
implementing this act, and for allocation for projects that will help achieve the creation of a
minimum of five million acre-feet (5.000.000 AF) of additional annual water supply capacity,
including, and limited to, the following project categories:
(1) Development or expansion of groundwater aquifer storage, remediation, and recovery projects;
(2) Recycling, purification, and treatment of stormwater and wastewater to water reuse standards,
including, but not limited to, current drinking water standards at the time the project is approved;
(3) Expansion, repair, or replacement of existing surface reservoirs, and construction of new
surface reservoirs;
(4) Desalination plants;
(5) Water conveyance development, maintenance, or expansion, for the delivery of clean, safe
drinking water for homes and businesses, and water for agricultural uses, consistent with area -of -
origin water rights;
(6) Other projects designed to increase the clean, safe and affordable supply of water to all
Californians with emphasis on California's disadvantaged communities. and other projects
designed to increase conservation; and
(7) Research and development of new technologies designed to increase the clean, safe and
affordable supply of water to all Californians, subject to an annual limit of no more than two
percent (2%) of available funds.
(c) The Commission shall allocate and provide funding or, where applicable, additional funding in
an amount necessary- to complete a project that will begin delivery of water to California's urban
and agricultural consumers from the Trust Account, subject to the following priorities:
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(1) The project is approved by the Commission as submitted pursuant to Section 79750(b) and (c)
of the Water Code, on or before July 1, 2021;
(2) The applicant is a public agency, special district, joint powers authority, or a public-private
partnership for the entitlement, design, construction, operation, and maintenance of the project,
and the project will be owned. in whole or in part. by the applicant:
(3) The applicant is ready and able to commence the project immediately upon issuance of all
necessary construction permits and will complete the project and begin delivery of water to
California's urban and agricultural consumers within five years from the allocation;
(4) The applicant is ready and able to commence the project immediately upon issuance of all
necessary construction permits and will complete the project and begin delivery of water to
California's urban and agricultural consumers within a reasonable period of time; and
(5) All other projects that the Commission reasonably determines are consistent with the objectives
of subdivision (b).
(d) Both of the following requirements appf\ as a condition of allocating funding to any project
from the Trust Account:
(1) The applicant must certify, to the Commission's satisfaction, that one of the following
requirements is satisfied:
(A) The project is a public work for which prevailing wages must be paid for purposes of Chapter
1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(B) The project is not a public work. but all contractors and subcontractors employing construction
workers on the project will be required to pay those workers at least the general prevailing rate of
per diem wages for the type of work and geographic area, as determined by the Director of
Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code. except that
apprentices registered in programs approved by the Chief of the Division of Apprenticeship
Standards may be paid at least the applicable apprentice prevailing rate.
(2) The applicant must certify, to the Commission's satisfaction. that all contractors and
subcontractors employing construction workers on the project will be required to use a skilled and
trained workforce to perform all work on the project or contract that falls within an apprenticeable
occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing
with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(e) The Commission shall not accept a certification pursuant to subdivision (d) unless the applicant
demonstrates, to the Commission's satisfaction, that construction workers or their representatives
will have adequate means to monitor and enforce contractors' and subcontractors' compliance with
the requirements.
(f) Except as necessary to repay any outstanding bonds issued pursuant to this Act, this section
shall become inoperative upon the State's certification that a minimum of five million acre-feet
(5.000.000 AF) of additional annual water supply capacity has been created after the effective date
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of this section by the projects specified in subdivision (b), and projects otherwise certified by the
Commission as drought resiliency projects, and is being delivered to California's urban and
agricultural consumers. For purposes of this section, "additional annual water supply capacity"
shall be measured as follows:
(1) For water storage projects, including the necessary infrastructure to convey the additional water
supply created, funded by this Act, or certified by the Commission as a drought resiliency pro']cc1.
the amount of additional annual water supply capacity shall be calculated based on the average
annual yield the projects produce instead of their storage capacities.
(2) For water rcc%cling. treatment, purification to reuse standards (including, but not limited to,
drinking water standards), desalination, and other projects, including the necessary infrastructure
to convey the additional water supply created, funded by this Act, or certified by the Commission
as a drought resiliency project. the amount of new annual water supply capacity shall be calculated
based on average annual output capacity.
(3) For projects partially funded under this section, the amount of new annual water supply
capacity shall be calculated based on their average annual yield without regard to the percent of
funding provided under this section compared to total project funding.
(4) For projects designed to increase water conservation, ii I) to one million acre-feet (1,000,000
AF) of water conserved annually may count towards the five million acre-feet (5,000,000 AF) of
additional annual water supply capacity as required in subdivision (b).
(5) If the State, any public agency, or the federal government, eliminates any water producing
infrastructure, or by regulation reduces the supply of water from existing infrastructure, that
existed prior to the effective date of this Act and provided water for urban and agricultural
consumers, the Commission shall increase the minimum requirement of creating five million acre-
feet (5,000,000 AF) of additional annual water supply capacity by the same amount of water supply
reduced by the elimination of such infrastructure or reduction of supply from such infrastructure.
(g) The projects funded or partially funded by this section, including projects identified in
subdivision (c)(1), shall be deemed to be for the reasonable and beneficial Use of the state's water
resources and such uses are in the interest of the people, and for their public welfare as provided
in Section 2 of this article.
(h) The Commission may enact regulations pursuant to the Administrative Procedures Act to
implement this section.
(i) Notwithstanding any other provision of law, the Commission is prohibited from:
(1) Utilizing or developing any beneficial use rating when allocating funding from the Trust
Account to projects pursuant to this section;
(2) Delegating, assigning, partitioning, or otherwise transferring any responsibilities, duties, or
obligations as assigned by this section to any other new or existing state department or agency;
and
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Q f Authorizing, permitting, or encouraging any other state department or agency from actively
interfering with or otherwise delaying projects that qualify for funding pursuant to this section.
0) Within the Trust Fund, the Commission shall establish an account for the legal defense of the
Act and of projects allocated funding pursuant to the :pct. including the Water Supply
Infrastructure Bond Act of 2022. The Commission shall allocate money in the Trust Fund to the
account, as necessary. to provide money to any public agency requesting assistance to reimburse
the necessary and actual legal defense costs associated with a project, and shall reimburse the
Department of Justice, if the Department undertakes the legal representation of the State or the
Commission.
(k) This Act is intended to supplement, and not supplant, existing funding for water infrastructure
projects. Thus. any funding for such a project by this Act shall not preempt, nullify, or in any way
impede, any existing funding for these projects, to the extent work has begun or will be performed
on the projects on or after the effective date of this section.
(1) On or before June 30 of each fiscal year. the Chair of the California Water Commission shall
certify, under penalty of perjury, the amount, by acre-feet, of additional annual water supply
capacity that has been created after the effective date of this section by the projects specified in
subk1k inion (b) and projects otherwise certified by the Commission as drought resiliency projects
and is being delivered to California's urban and agricultural consumers. When the Chair
determines that a minimum of five million acre-feet (5,000,000 AF) of additional annual water
supply capacity has been created after the effective date of this section by the projects specified in
subdivision (b) and projects otherwise certified by the Commission as drought resiliency projects
and is being delivered to California's urban and a,ricultural consumers, sucks certification shall be
reviewed by the State Auditor. If the State Auditor confirms the Chair's certification, the Chair
shall notify the Governor, the Treasurer. and the Legislature.
(m) After the State certifies that a minimum of five million acre-feet (5,000,000 AF) of additional
annual water supply capacity has been created after the effective date of this section by the projects
specified in subdivision (b) and projects otherwise certified by the Commission as drought
resiliency projects and is being delivered to California's urban and agricultural consumers pursuant
to subdivision (1), any funds remaining in the Trust Fund shall be used to pay down any remaining
bond debt authorized by this Act.
(n) Nothing in this section diminishes, impairs, or otherwise affects in any manner whatsoever any
area of origin, watershed of origin, county of origin, or any other water rights protections,
including, but not limited to, rights to water appropriated prior to December 19, 1914, provided
under the law.
SECTION 4. WATER SUPPLY INFRASTRUCTURE BOND ACT OF 2022
Division 26.8 (commencing with Section 79800) is added to the Water Code to read:
DIVISION 26.8. WATER SUPPLY INFRASTRUCTURE BOND ACT OF 2022
Chapter 1. Title/Definitions
Page 165 of 208
Scc. 79800(a) This division shall be known, and may be cited. as the Water Supply Infrastructure
Bond Act of 2022.
(b) As used in this division. the following definitions apply:
() "Committee" means the Water Supply Infrastructure Finance Committee created pursuant to
Section 79806.
(2) "Fund" means the Water Supply Infrastructure Fund created pursuant Section 79801.
(3) "Public agency" means a board, commission, county, city and county, city, regional agency,
district, federally recognized Indian tribe, other public entity, or public-private partnership.
(4) "State General Obligation Bond Law" means the State General Obligation Bond Law (Chapter
4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code),
as it may be amended from time to time.
(5) "Water Supply Infrastructure Trust Account" means the Water Supply Infrastructure Trust
Account created pursuant to Section 2.5 of Article X of the Constitution.
Chapter 2. General Provisions
Sec. 79801. The proceeds of bonds. excluding those issued in accordance with Section 79813.
issued and sold pursuant to this Bond Act, shall be deposited in the Water Supply Infrastructure
FLJI)d. which is hereby created in the State Treasury. All moneys in the fund, notwithstanding
Section 13340 of the Government Code, are hereby continuously appropriated without respect to
fiscal years for the purposes of this Bond Act.
Sec. 79802. An eligible applicant that is allocated funds for a water supply infrastructure project
pursuant to this Bond Act, shal I not use more than five percent (5%) of the funds allocated for the
project to pay the administrative costs of the project.
Sec. 79803(a) The bonds issued pursuant to Section 79804 shall be available for the construction
and acquisition of capital asset water supply infrastructure projects that will help achieve the
creation of a minimum of five million acre-feet (5,000,000 AF) of additional water supply, as
provided in Section 2.5 of Article X of the Constitution.
(b) Water supply infrastructure projects eligible for funding pursuant to this Bond Act shall be
approved by the California Water Commission based on the priorities stated in subdivision (c) of
Section 2.5 of Article X of the Constitution and allocated to eligible projects that will help achieve
the creation of a minimum of five million acre-feet (5,000,000 AF) of additional water supply per
year. including:
(1) Development or expansion of groundwater aquifer storage, remediation, and recovery projects;
(2) Recycling, purification. and treatment of stormwater and wastewater to water reuse standards,
including, but not limited to, current drinking water standards at the time the project is approved;
(3) Expansion, repair, or replacement of existing surface reservoirs. and construction of new
surface reservoirs;
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(4) Desalination plants:
(5) Water conveyance development, maintenance, or expansion, for the delivery of clean, safe
drinking water for homes and businesses, and water f0i, agricultural uses consistent with area -of -
origin water rights;
(6) Other projects designed to increase the clean, safe and affordable supply of water to all
Californians with emphasis on California's disadvantaged communities" and other projects
designed to increase conservation.
(c) The requirements of subdivisions (d) and (e) of Section 2.5 of Article X of the Constitution
shall apply to all projects allocated funding pursuant to this Bond Act.
Sec. 79803.5 This division does not diminish, impair, or otherwise affect in any manner
whatsoever any area of origin, watershed of origin, county of origin, or any other water rights
protections, including. but not limited to. rights to water appropriated prior to December 19, 1914,
provided under the law.
Chapter 3. Fiscal Provisions
Sec. 79804(a) Bonds, equal to an amount wherein principal and interest payments do not exceed
fifty percent (50%) of the amount annually transferred from the General Fund pursuant to Section
2.5 of Article X of the Constitution, not including the amount of any refunding bonds issued in
accordance with Section 79813, shall be issued and sold for the purposes expressed in Sections
79802 and 79803, inclusive" and to reimburse the General Obligation Bond Expense Revolving
Fund pursuant to Section 16724.5 of the Government Code. The committee shall annually estimate
the allowable amount of bonds that may be issued, and the bonds shall be retired within fifty (50)
years of the time of contracting. The bonds. when sold, issued, and delivered, shall be and
constitute a valid and binding obligation of the State of California, and the full faith and credit of
the State of California is hereby pledged for the punctual payment of both principal of, and interest
on, the bonds as the principal and interest become due and payable.
(b) The Treasurer shall issue and sell the bonds authorized in subdivision (a) in the amount
determined by the committee pursuant to Section 79807. The bonds shall be issued and sold upon
the terms and conditions specified in a resolution to be adopted by the committee pursuant to
Section 16731 of the Government Code.
Sec. 79805(a) The bonds authorized by this Bond Act shall be prepared, executed, issued, sold.
paid, and redeemed as provided in the State General Obligation Bond Law, and all of the provisions
of that law apply to the bonds, and this Bond Act, and are hereby incorporated as though set forth
in full in this Bond Act.
(b) For purposes of this Bond Act, the references to "committee" in the State General Obligation
Bond Law shall mean the Water Supply Infrastructure Finance Committee created in Section
79806, and the references to "board" in the State General Obligation Bond Law shall mean the
California Water Commission.
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Page 167 of 208
Sec. 79806(a) Solely for the purpose of authorizing the issuance and sale pursuant to the State
General Obligation Bond Law of the bonds authorized by this Bond Act, the Water Supply
Infrastructure Finance Committee is hereby created.
(b) The comm ittee consists of the Controller, the Treasurer, the Director of Finance, and the Chair
of the California Water Commission. Notwithstanding any other law, any member may designate
a representative to act in the member's place for all purposes, as though the member were
personally present.
(c) The Treasurer shal ] serve as chairperson of the committee. A majority of the committee may
act for the committee.
Sec. 79807. The committee shall determine by resolution the amount of bonds to be issued and
sold. Successive issues of bonds may be authorized and sold to carry out those actions
progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any
one time.
Sec. 79808. There shall be collected each year and in the same manner and at the same time as
other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount
required to pay the principal of, and interest on, the bonds becoming due each year. It is the duty
of all officers charged by law with any duty in regard to the collection of the revenue to do and
perform each and every act that is necessary to collect that additional sum.
Sec. 79809(a) Notwithstanding Section 13340 of the Government Code, there is hereby
continuously appropriated from the Water Supply Infrastructure Trust Account, for the purposes
of this Bond Act, and without regard to fiscal years, an amount that equals the total of both of the
following:
(1) The sum annually necessary to pay the principal of and interest «E1. bonds issued and sold
pursuant to this Bond Act, as the principal and interest become due and payable.
(2) The sum necessary to carry out Section 79811.
(b) If there is insufficient funding in the Water Supply Infrastructure Trust Account to pay the
amounts described in subdivision (a), any excess amount is, notwithstanding Section 13340 of the
Government Code, hereby continuously appropriated from the General Fund in the State Treasury
to pay the amounts described in subdivision (a).
Sec. 79810. The board may request the Pooled Money Investment Board to make a loan from the
Pooled Money Investment Account. in accordance with Section 16312 of the Government Code,
for the purpose of carrying out this Bond Act, less any amount withdrawn pursuant to Section
79811 and not yet returned to the Water Supply Infrastructure Trust Account. The amount of the
request shall not exceed the amount of the unsold bonds that the committee has, by resolution,
authorized to be sold for the purpose of carrying out this Bond Act, excluding any refunding bonds
authorized pursuant to Section 79813, less any amount loaned pursuant to this section and not yet
repaid and any amount withdrawn from the Water Supply Infrastructure Trust Account pursuant
to Section 79811 and not yet returned to the Water Supply Infrastructure Trust Account. The board
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shall execute any documents required by the Pooled Money Investment Board to obtain and repay
the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in
accordance with this Bond Act.
Sec. 79811. For the purposes of carrying out t fi is Bond Act, the Director of Finance may authorize
the withdrawal from the Water Supply Infrastructure Trust Account of an amount not to exceed
the amount of the unsold bonds that have been authorized by the committee to be sold for the
purpose of carrying out this Bond Act. excluding any refunding bonds authorized pursuant to
Section 79813, less any amount loaned JILH-suant to Section 79810 and not yet repaid, and any
amount withdrawn from the Water Supply Infrastructure Trust Account pursuant to this section
and not yet returned to the Water Supply Infrastructure Trust Account. Any amounts withdrawn
shall be deposited in the fund. Any moneys made available under this section shall be returned to
the Water Supply Infrastructure Trust Account from proceeds received from the sale of bonds for
the purpose of carrying out this Bond Act.
Sec. 79812. All moneys deposited in the fund that are derived from premium and accrued interest
on bonds sold pursuant to this Bond Act, shall be reserved in the fund and shall be available for
transfer to the Water Supply Infrastructure Trust Account as a credit to expenditures for bond
interest, except those amounts derived from premium may be reserved and used to pay the cost of
bond issuance before any transfer to the Water Supply Infrastructure Trust Account.
Sec. 79813. The bonds issued and sold pursuant to this Bond Act, may be refunded in accordance
with 1 i�ticle 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of
the Government Code, which is a part of the State General Obligation Bond Law. Approval by the
voters of the state of the measure adding this division to the Water Code includes the approval of
the issuance of any bonds issued to refund any bonds originally issued under this Bond Act, or any
previously issued refunding bonds. Any bond refunded with the proceeds of refunding bonds as
authorized by this section may be legally defeased to the extent permitted by law in the manner
and to the extent set forth in the resolution, as amended from time to time, authorizing that refunded
bond.
Sec. 79814. Notwithstanding any other provision of this Bond Act, or of the State General
Obligation Bond Law, if the Treasurer sells bonds pursuant to this Bond Act, that include a bond
counsel opinion to the effect that the interest on the bonds is excluded from gross income for
federal tax purposes under designated conditions or is otherwise entitled to any federal tax
advantage, the Treasurer may maintain separate accounts for the investment of bond proceeds and
for the investment of earnings on those proceeds. The Treasurer may use or direct the use of those
proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or
take any other action with respect to the investment and use of those bond proceeds or earnings
required or desirable under federal law to maintain the tax-exempt status of those bonds and to
obtain any other advantage under federal law on behalf of the funds of this state.
Sec. 79815. The proceeds from the sale of bonds authorized by this Bond Act, are not "proceeds
of taxes" as that term is used in Article XIII B of the Constitution, and the disbursement of these
proceeds is not subject to the limitations imposed by that article.
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SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE AND
STREAMLINED REVIEW
Article 7 (commencing with Section 21159.50) of Chapter 4.5 of Division 13 of the Public
Resources Code is added to read:
Sec. 21159.50(a) Except as provided in Section 21159.51, the provisions of the California
Environmental Quality Act ("CEQA") shall apply to water projects allocated funding in whole or
in part by Section 2.5 of Article X of the Constitution or the Water Supply Infrastructure Bond Act
of 2022 or certified as a drought resiliency project pursuant to Section 21159.52.
(b) Notwithstanding subdivision (a), the Water Commission's determination to (1) allocate
funding pursuant to Section 2.5 of Article X of the Constitution or the Water Supply Infrastructure
Bond Act of 2022 or (2) certify a project as a drought resiliency- project pursuant to Section
21159.52 shall not constitute a "project" pursuant to Section 21065 of the Public Resources Code
and shall be exempt from CEQA.
Sec. 21159.51(a) Projects allocated funding in whole or in part by Section 2.5 of Article X of the
Constitution or the Water Supply Infrastructure Bond Act of 2022 or certified as a drought
resiliency project pursuant to Section 21159.52 may elect to be subject to streamlined review of
an agency's compliance with the California Environmental Quality Act ("CEQA") as follows:
(1) For projects electing to be governed by the provisions of this section, within 10 days of the
project's allocation of funding or certification as described in subdivision (a), the lead agency shall
issue a public notice providing the following:
"THE APPLICANT HAS ELECTED TO PROCEED UNDER PUBLIC RESOURCES CODE
SECTION 21159.5 1, WHICH PROVIDES, AMONG OTHER THINGS, THAT ANY JUDICIAL
ACTION CHALLENGING AN AGENCY'S COMPLIANCE WITH CEQA OR THE
APPROVAL OF THE PROJECT DESCRIBED IN THE ENVIRONMENTAL
DETERMINATION IS SUBJECT TO THE PROCEDURES SET FORTH IN PUBLIC
RESOURCES CODE SECTION 21159.51. A COPY OF PUBLIC RESOURCES CODE
SECTION 21159.51 IS INCLUDED BELOW."
(2) The public notice shall be distributed by the lead agency as required for public notices issued
pursuant to paragraph (3) of subdivision (b) of Section 21092.
(b) Notwithstanding any other law, the procedures set forth in this section shall apply to any action
or proceeding brought to attack, review, set aside, void, or annul the certification or approval of
any environmental determination or granting of project approvals for a project electing to be
governed by the provisions of this section.
(c) Rules 3.2220 to 3.2237, inclusive, of the Cal it'Orii is Rules of Court, as may be amended by the
Judicial Council, shall apply to any action or proceeding brought to attack. review. set aside, void,
or annul the certification or approval of any environmental determination or granting of project
approvals for a project electing to be governed by the provisions of this section, to require the
action or proceeding, including any potential appeals therefrom, to be resolved, to the extent
feasible, within two hundred seventy (270) days of the ailing of the certified record of proceedings
with the court. For purposes of this Article. "environmental determination" means an
environmental impact report, mitigated negative declaration, negative declaration, categorical
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Page 170 of 208
exclusion, a determination that the project is not subject to CEQA, or a determination that no
additional environmental review is required.
(d) Notwithstanding any other law, in connection with any environmental review following
allocation of funding or certification for a project electing to be governed by the provisions of this
section, the preparation and certification of the administrative record shall be performed in the
following manner at the applicant's expense:
(1) The lead agency or responsible state agency (for purposes of this section, the "Agency") shall
prepare the record of proceedings pursuant to this division concurrently with the administrative
process.
(2) All documents and other materials placed in the record of proceedings after the project's
allocation of funding under Section 2.5 of Article X of the Constitution or the Water Supply
Infrastructure Bond Act of 2022 or certification under Section 21159.52 shall be posted on, and be
downloadable from, an Internet Web site maintained by the Agency commencing with the date of
the release of the project's draft environmental impact report or other environmental
determination.
(3) The Agency shall make available to the public in a readily accessible electronic format the
project's draft environmental impact report or other environmental determination and all other
documents submitted to, or relied on by, the Agency in the preparation of the project's draft
environmental impact report or other environmental determination.
(4) A document prepared by the Agenic% or submitted by the applicant after the date of the release
of the project's draft environmental impact report or other environmental determination that is a
part of the record of the proceedings shall be made available to the public in a readily accessible
electronic format within five (5) business days after the document is released or received by the
Agency.
(5) The Agency shall encourage written comments on the project to be submitted in a readily
accessible electronic format, and shall make any comment available to the public in a readily
accessible electronic format within five (5) business days of i,eceipt.
(6) Within seven (7) business days after the receipt of any comment that is not in an electronic
format, the Agency shall convert that comment into a readily accessible electronic format and
make it available to the public in that format.
(7) Notwithstanding paragraphs (2) to (6), inclusive, documents submitted to or relied on by the
Agency that were not prepared specifically for the project and are copyright protected are not
required to be made readily accessible in an electronic format. For those copyright -protected
documents, the Agency shall make an index of these documents available in an electronic format
no later than the date of the release of the project's draft environmental impact report or other
environmental determination, or within five business days if the document is received or relied on
by the Agency after the release of the project's draft environmental impact report or environmental
determination. The index shall specify the libraries or Agency offices in which hardcopies of the
copyrighted materials are available for public review.
(8) The Agency shall certify the final record of proceedings within five (5) days of its approval of
the project.
Page 171 of 208
(9) Any dispute arising from the record of proceedings shall be resolved by the Superior Court.
Unless the Superior Court directs otherwise, a party disputing the content of the record shall file a
motion to augment the record at the time it files its initial brief.
(10) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section
21167.6.
(e) (l) In granting relief in an action or proceeding subject to this section, the court shall not stay
or enjoin the construction or operation of any project described in subdivision (a) unless the court
finds either (i) that the continued construction or operation of the project presents an imminent
threat to public health and safety, or (ii) that the project site contains unforeseen important Native
American artifacts or unforeseen important historical, archaeological, or ecological values that
would be materially, permanently, and adversely affected by the continued construction or
operation of the project unless the court stays or enjoins the construction or operation of the project.
(2) If the court finds that either (i) or (ii) of subsection (1) is satisfied, the court shall only enjoin
those specii is activities associated with the project that present an imminent threat to public health
and safety or that materially, permanently, and adversely affect unforeseen important Native
American artifacts or unforeseen important historical, archaeological, or ecological values.
(f) With respect to projects described in subdivision (a), for a period of five (5) years after the
certification or adoption of the project's most recent environmental determination, subdivisions
(b) and (c) of Section 21166 of the Public Resources Code shall not apply and "substantial
changes" as used in subdivision (a) of Section 21166 of the Public Resources Code shall only mean
changes to the project that result in more than a five percent (5%) increase in the project's total
floor area and/or production capacity, beyond the scope of the project analyzed in the project's
environmental determination.
(g) This section applies prospectively and retroactively to any approvals by a ] e ad agency or a
responsible agency for a project electing to proceed pursuant to this section. This section also
applies prospectively and retroactively to any such project with any causes of action and claims
that are pending as of the effective date of this section and for which no final non -appealable
judgment has been entered prior to the effective date of this section.
Sec. 21159.52(a) A person proposing to construct a water supply project may apply to the Water
Commission for certification that the water supply project is a drought resiliency project eligible
for streamlining provided by this Article. The person shall supply- evidence and materials that the
Water Commission deems necessary to make a decision on the application. Any evidence or
materials submitted for certification review shall be made available to the public at least fifteen
(15) days before the Water Commission certifies a project pursuant to this Article.
(b) Within sixty (60) days of receipt of the evidence and materials described in subdivision (a), the
Water Commission shall certify a project as a drought resiliency project if the evidence and
materials provided demonstrate that*
(1) The project falls within one or more of the following project categories:
(i) Development or expansion of groundwater aquifer storage, remediation, and recovery projects;
(ii) Recycling, purification, and treatment of stormwater and wastewater to water reuse standards,
including but not limited to current drinking water standards at the time the project is approved;
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Page 172 of 208
(iii) Expansion, repair. or replacement of existing surface reservoirs, and construction of new
surface reservoirs;
(iv) Desalination plants;
(v) Water conveyance development, maintenance, or expansion, for the delivery of clean, safe
drinking water for homes and businesses, and water for agricultural uses consistent with area -of -
origin water rights;
(vi) Other projects designed to increase the clean. safe and affordable supply of water to all
Californians with emphasis on California's disadvantaged communities. and other projects
designed to increase conservation; or
(vii) Research and development of new technologies designed to increase the c1can, safe and
affordable supply of water to all Californians;
(2) The project will help achieve the creation of a minimum of five million acre-feet (5.000,000
AF) of additional annual water supply capacity; and
( 3) The project will satisfy the requirements of subdivisions (d) and (e) of Section 2.5 of Article X
of the Constitution.
(c) A project is not required to be eligible for or receive funding under Article X, Section 2.5 of
the Constitution or the Water Supply Infrastructure Bond Act of 2022 in order to be certified as a
drought resiliency project pursuant to this Section.
(d) The Water Commission may issue guidelines regarding application and certification of projects
under this section. Any guidelines issued under this section are not subject to the rulemaking
provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 1 1340)
of Part 1 of Division 3 of Title 2 of the Government Code).
(e) This Section shall become inoperative upon the State's certification pursuant to Article X,
Section 2.5(e) that a minimum of five ni i Ilion acre-feet (5,000,000 AF) of additional annual water
supply capacity has been created and is being delivered to California's urban and agricultural
consumers.
SECTION 6. CALIFORNIA COASTAL COMMISSION REVIEW
Section 30412.5 of the Public Resources Code is added to read:
Sec. 30412.5(a) Notwithstanding any other provision of law, with respect to any project allocated
funding in whole or in part by Section 2.5 of Article X of the Constitution or the Water Supply
Infrastructure Bond Act of 2022 or certified as a drought resiliency project pursuant to Section
21159.52 of the Public Resources Code, the Secretary of the California Natural Resources Agency
shall have the authority to review, approve, deny, and/or issue any Coastal Commission actioii or
inaction for such project, including without limitation, any coastal development permits or denials
arising out of an appeal of an approval or a denial by a local government pursuant to a local coastal
program or part thereof certified under Chapter 6 of Division 20 of the Public Resources Code,
pursuant to the procedures set forth in this section. For purposes of this section, any project meeting
the requirements of this subdivision (a) shall be referred to as an "eligible water project." For
purposes of this section, an appeal of an approval or a denial by a local government of an eligible
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Page 173 of 208
water project pursuant to a local coastal program or part thereof certified under Chapter 6 of
Dig ision 20 of the Public Resources Code, including all local implementing ordinances and
regulations related thereto, shall be referred to as a "local coastal program appeal."
(b) The Secretary of the California Natural Resources Agency shall have the authority to review
the Coastal Commission action or inaction with respect to any eligible water project subject to
subdivision (a) as set forth here iii:
(1) Notwithstanding Article 5 of Chapter 4.5 of Division 1 of Title 7 of the Government Code, the
Coastal Commission shall render a final decision on any coastal development permit application,
and/or local coastal program appeal(s) for an eligible water project subject to subdivision (a)
within ninety (90) days after submission of the application and/or local coastal program appeal or
the Coastal Commission determines the application and/or local coastal program appeal is
complete, whichever may occur first. If the Coastal Commission fails to act within such ninety -
day (90 day) time period, the coastal development permit application and/or local coastal program
appeal(s) shall be transferred to the Secretary of the California Natural Resources Agency, who
shall render a final decision on such application and/or local coastal program appeal(s).
(2) Within thirty (30) days following any decision by the Coastal Commission on an eligible water
project subject to subdivision (a), a project applicant may appeal the Coastal Commission's
decision to the Secretary of the Ca 1 ifornia Natural Resources Agency.
(3) For any Coastal Commission decision related to any eligible water project subject to
subdivision (a) issued subsequent to September 1, 2021, but before the effective date of this
section, the project applicant may appeal any such decision to the Secretary of the California
Natural Resources Agency within thirty (30) days of the effective date of this section.
The Secretary may grant or deny any appeal filed pursuant to this subdivision, and shall render a
final decision on any such appeal within ninety (90) days of the filing of such appeal. Should the
Secretary approve any coastal development permit(s) for the eligible water project, or grant any
appeal filed hereunder, the Secretary may direct the Commission to issue the coastal development
permit(s) or take any other action, on those terms and conditions that the Secretary may determine,
in the Secretary's sole discretion, are appropriate. In issuing such approval or direction regarding
any such coastal development permit, the Secretary shall rely upon the project's previous
environmental determination(s) and no further environmental review shall be required under
Division 13 (commencing with Section 21000) of the Public Resources Code. The Secretary shall
adopt findings that reflect the action of the Secretary based upon prior environmental review. In
reviewing the coastal development permit application and/or local coastal program appeal(s), or
any other decision, the Secretary shall consider the State's interest in diverse and resilient water
supplies and mitigating the effects of drought on such supplies, and may conclude that such
interests require modification of any decision of the Coastal Commission, or any condition
imposed by the Coastal Commission on the eligible water project.
(c) Notwithstanding the Secretary of the California Natural Resources Agency's certification of
the regulator} program of the Coastal Commission dealing with the consideration and granting of
coastal development permits pursuant to Section 21080.5 of the Public Resources Code, in
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assessing the conformity of an eligible water project with Chapter 3 (commencing with Section
30200) of the Public Resources Code and, if applicable, the local government's certified local
coastal program for those portions of the project on appeal to the Coastal Commission, the Coastal
Commission shall rely exclusively upon any environmental impact report or other environmental
review document previously certified or adopted by the lead agency (and any responsible state
agency, if applicable) pursuant to Division 13 (commencing with Section 21000) of the Public
Resources Code, and the Coastal Commission shall not require any new or revised environmental
review pursuant to the California Environmental Quality Act prior to acting on such.
(d) Notwithstanding any other provision of law, including but not limited to Chapter 4, Article 3,
and Chapter 5, Article 1, of Division 20 of the Public Resources Code, the Secretary of the
California Natural Resources Agency is designated as a state agency charged with implementation
of Section 307 of the Federal Coastal Zone Management Act of 1972 (16 U.S.C. § 1456), and any
regulations promulgated thereunder, with respect to decisions made by the Secretary pursuant to
this section. In exercising such authority, the Secretary shall interpret and apply the applicable
policies set forth in the certified California Coastal Management Program, including, but not
limited to, the applicable policies set forth in Chapter 3 of Division 20 of the Public Resources
Code, and shall determine the consistency of such eligible water project with such policies. This
section shall be submitted by the Governor to the United States Secretary of Commerce for
certification as part of the California Coastal Management Program consistent with the
requirements of 16 U.S.C. § 1455, subdivision (e) and 15 C.F.R. Part 923, subpart H.
(e) This section applies prospectively and retroactively to any approvals or denials of permits for
an eligible water project under Division 20 of the Public Resources Code or any local coastal
program or part thereof approved by a local government lying, in whole or in part, within the
coastal zone and certified under Chapter 6 of Division 20 of the Public Resources Code.
(f) The Coastal Commission m,.iy provide comment to the Water Commission during the Water
Commission's funding allocation process pursuant to Section 2.5 of Article X of the Constitution
or the Water Supply Infrastructure Bond Act of 2022.
SECTION 7. MANDATORY AUDITS
Article 5 (commencing with Section 8549.50) of Chapter 6.5 of Division 1 of Title 2 of the
Government Code is added to read:
Sec. 8549.50(a) The California State Auditor shall annually conduct a programmatic review and
an audit of expenditures from the Water Supply hifnistructure Fund and the Water Supply
Infrastructure Trust Account.
(b) Notwithstanding Section 10231.5 of the Government Code, the California State Auditor shall
report its findings under subdivision (a) annually on or before March l to the Governor, and to the
Legislature in compliance with Section 9795 of the Government Code, and shall make the findings
publicly available.
(c) If an audit of an entity that receives funding under this article is conducted pursuant to state
law and reveals any impropriety, the California State Auditor or the Controller may conduct a full
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audit of any or all of the activities of that entity. If the audit reveals erroneous or inappropriate
spending of funding received under Section 2.5 of Article X of the California Constitution or the
Water Supply Infrastructure Bond Act of 2022 by a public agency, the public agency shall, if the
California Water Commission determines the erroneous or inappropriate spending was intentional,
repay the moneys to the California Water Commission for deposit into the Water Supply
Infrastructure Trust Account or the Water 5ui}i)ly Infrastructure Fund. as applicable.
SECTION 8. GENERAL PROVISIONS
(A) The provisions of this Act are severable. If any provision of this Act, or any part thereof, or its
application, is for any reason held to be invalid or unconstitutional by a final judgment of a court
of competent jurisdiction, such decision shall not affect any other provision or application that can
be given effect without the invalid provision or application. The People of the State of California
hereby declare that they would have adopted this Act and each and every portion, section,
subdivisions, paragraph, clause, sentence, phrase, word, and application not declared invalid or
unconstitutional irrespective of whether any portion of this Act or application thereof are
subsequently declared invalid or unconstitutional.
(B) This Act is intended to be comprehensive. It is the intent of the people that in the event this
Act and acts relating to the same subject appear on the same statewide election ballot, the
provisions of the other act or acts (each, a "Conflicting Act") shall be deemed to be in conflict with
this Act. In the event that this Act and one or more Conflicting Acts are adopted by the voters in
the same election, and this Act receives a greater number of affirmative votes, the provisions of
this Act shall prevail in their entirety, and all provisions of the Conflicting Acts shall be null and
void.
(C) (1) Except as provided in paragraph (2), the Attorney General shall defend against any action
challenging, in whole or in part, the validity of this Act, and shall have an unconditional right to
intervene in any action to defend the validity of this Act.
(2) If the Attorney General declines to defend the validity of this Act in any action. the Attorney
General shall nonetheless file an appeal flroin. or seek review of, any judgment of any court that
determines that the Act is invalid, in whole or in part, if necessary or appropriate to preserve the
State's standing to defend the law in conformity with the Attorney General's constitutional duty
to see that the laws of the state are adequately enforced.
(3) The official proponent(s) of this Act have an unconditional right to participate, either as
interveners or real parties in interest. in any action affecting the validity or interpretation of this
Act. Where the Governor and Attorney General have declined to defend the validity of the Act,
the official proponents are also authorized to act on the State's behalf in asserting the State's
interest in the validity of this Act in any such action and to appeal from any judgment invalidating
this Act.
(4) Nothing in this section precludes other public officials from asserting the State's interest in the
validity of this act.
(5) This Act must be broadly construed, interpreted, and implemented in order to achieve the
purposes in Section 2.
16
Page 176 of 208
LAO: 3.
October 15, 2021
Hon. Rob Bonta
Attorney General
1300 I Street, 17th Floor
Sacramento, California 95814
Attention: Ms. Anabel Renteria
Initiative Coordinator
Dear Attorney General Bonta:
OCT 15 2021
Ih1ITIATIVt CC3ClRDWATOR
�,'I'"I'OMAY QUN rIRAL,S 0ppl
og
Pursuant to Elections Code Section 9005, we have reviewed the proposed constitutional initiative
related to water supply (A.G. File 21-0014, Amendment #1).
Background
Californians Get Water From Several Sources. Most of the water used for drinking and farming
in California comes from rain and melted snow. Rain and snow flow into streams and rivers, many of
which start in the mountains. California has built dams, reservoirs, and canals to store water and
deliver it around the state. Water is also pumped from underground (referred to as "groundwater"),
especially during diy years when not as much rain and snow falls. A small share of the state's water
comes from other sources, such as cleaning and reusing the wastewater that households and
businesses send into sewers (referred to as "water recycling").
Californians Use Water for Various Purposes. In an average year, Californians use about
39 million acre-feet of water for human uses. (An acre-foot is enough to cover a football field with
water one -foot deep, and is about as much water as one to two households use in a year.) About
31 million acre-feet of water is used annually in the agricultural sector, to grow crops and sustain
livestock. On average, Californians use about 8 million acre-feet of water per year for urban water
uses. These include uses in residential (such as for drinking, bathing, and watering yards),
commercial (such as for hotels or other businesses), and industrial settings (such as in factories), as
well as for large landscapes like parks and golf courses.
Some Regions of the State Experience Water Shortages, Particularly During Dry Years. In
certain years, particularly when the state receives less rain and snow, water scarcity can lead to
limitations on use. For example, when California experienced a serious drought in 2012 through
2016, the state required cities to decrease their water use by 25 percent, and many farmers
experienced significant reductions in the amount of water they could take from rivers and streams to
water their crops. Scientists suggest that California will experience more frequent and intense
droughts due to climate change, which increases the likelihood of such shortages and limitations
occurring in the future. Additionally, significant rates of groundwater pumping in recent years have
led to some groundwater shortages, as well to the ground sinking in some areas, causing damages to
Legislative Analyst's Office
Califoriaia Legislature
Gabriel Petek l,egislativeAnalyst
9251. Street, Suite 1.000, Sacramento, CA 95814
(916) 445=4656
Page 177 of 208
Hon. Rob Bonta 2 October 15, 2021
canals and infrastructure. In response to these negative impacts, recent state laws required
groundwater users to develop plans for how to use these resources more sustainably. Implementing
these plans likely will result in limits on the amount of groundwater that farmers can use in the
coming years. Reduced groundwater pumping will make it challenging to continue agricultural
practices and production at current levels, particularly in dry years. Moreover, estimates suggest that
roughly 1 million Californians, particularly in small rural communities, currently lack access to safe
drinking water due to contamination and wells that have gone dry. Thousands of households had
their wells fail during recent dry years.
Most Spending on Water Is by Local Governments. Local government agencies—usually water
districts, cities, and counties—fund most of the projects that provide clean water for people to drink
and supply water for farming. These include projects to increase water supplies, such as building
water recycling plants. In recent years, local agencies spent about $18 billion annually on water
supply activities (including construction as well as ongoing maintenance and operation). Residents
and farmers pay for the majority of this spending when they pay their water bills. The state
sometimes gives grants and loans to local government agencies to help pay part of the costs of some
of their water projects. In recent years, the state has spent about $1.3 billion per year to support water
supply projects, primarily from voter -approved general obligation bonds paid for by the state's
General Fund.
Most Water Projects Must Meet State Environmental Review Requirements. The California
Environmental Quality Act (CEQA) requires reviews for certain projects, including water projects, to
assess whether the projects will have negative impacts on the environment. The review may find that
a project could be modified to lessen its environmental impacts before it proceeds to construction.
Additionally, the California Coastal Act requires that new development projects along the coast,
including water projects, receive a coastal development permit from the California Coastal
Commission before they can be constructed. Before it grants such a permit, the commission must
determine that the project does not have significant negative impacts on the coast—including to the
environment, scenery, and public access. In some cases, CEQA and coastal development permit
reviews are relatively straightforward, while in other cases they can be long, costly, and involve legal
challenges.
Proposal
This measure seeks to increase water supply in the state through the implementation of new water
projects. Specifically, the measure (1) amends state law to dedicate existing state General Fund
revenues for developing additional water supply, (2) authorizes the sale of bonds to fund water
supply projects, and (3) makes some changes to existing environmental review requirements for
water supply projects.
Dedicates Share of State Revenues Towards Developing New Water Supply. The measure
modifies the State Constitution to require that a portion of the revenues that the state receives every
year be dedicated for undertaking water projects. Specifically, the measure requires that 2 percent of
annual General Fund revenues be set aside in a special find to develop new water supplies. (The
General Fund is the state's main operating account, which pays for education, prisons, health care,
and other public services.) This set-aside would continue until the state has a new reliable supply of
5 million additional acre-feet of water per year (about a 13 percent increase compared to current
average annual water use). The measure tasks the California Water Commission (CWC) with
Page 178 of 208
Hon. Rob Bonta 3 October 15, 2021
establishing and overseeing a new program to allocate the fiends for specific projects. The CWC
would select which projects would be funded, allocate funding to grantees, and determine when the
5 million acre-feet objective has been achieved. Increases to the statewide water supply from projects
funded by sources other than the new General Fund set-aside—such as through local funds—would
also count towards achieving the 5 million acre-feet objective if they receive certification from CWC.
Allows Funds to Be Used for Various Types of Water Supply Projects. Projects eligible for this
funding would include the development or expansion of facilities for:
• Groundwater cleanup and storage.
• Stormwater capture, treatment, and storage.
• Water recycling.
• Surface reservoirs.
• Desalination of seawater or brackish water.
• Water conveyance, such as canals or pipes.
Additionally, a portion of the funding—to achieve up to 1 million acre-feet of the total objective
of 5 million acre-feet of water—could be used for activities that reduce the amount of water used
(known as "water conservation"). Such activities might include providing rebates for replacing
residential lawns with drought -tolerant plants or for purchasing more water -efficient home appliances
or farm irrigation systems. Up to 2 percent of the annual funds could also be used to research and
develop new technologies designed to increase the clean, safe, and affordable supply of water across
the state.
The measure directs CWC to prioritize funding for (1) the completion of water storage projects
for which CWC has already awarded some funding from a 2014 state water bond measure;
(2) projects being proposed by a public agency, special district joint powers authority, or public-
private partnership; (3) projects that could be completed within five years of being funded;
(4) projects that could be completed "within a reasonable period of time;" and (5) other projects
CWC determines will help achieve the 5 million acre-feet objective.
Authorizes State to Sell Bonds to Fund Water Supply Projects. The measure authorizes CWC to
sell bonds to generate additional "up -front" funding to pay for new water supply projects. It would
allow up to half of the annual funding set aside from the General Fund to be used to pay off the
principal and interest for any such bonds that CWC decides to sell. Bonds are a way that
governments borrow money but are more expensive in the long run because they require repayment
with interest.
Modifies Some Environmental Permitting Requirements. The measure modifies the typical
environmental review process for projects that increase water supply. Specifically, the measure
would allow projects that CWC certifies will help achieve the objective of 5 million acre-feet of new
water supply—including both those funded by this measure and those funded by other sources—to
utilize modified and streamlined CEQA and coastal development permit processes. These changes
include shortening the time line for litigation following completion of a CEQA review, imposing a
90 -day time line for the Coastal Commission to review and decide upon permit applications,
prohibiting the Coastal Commission from requesting any new or revised environmental reviews to
Page 179 of 208
Hon. Rob Bonta 4 October 15, 2021
inform its decisions, and authorizing the Secretary of the California Natural Resources Agency to
overrule the Coastal Commission's coastal development permit decisions. These changes likely
would expedite the time lines for the reviews and overall project completion, but also could reduce
the level of review of potential impacts for coastal projects. The measure allows some of the General
Fund revenues it sets aside to be used to address any legal disputes that arise over projects'
environmental reviews.
Fiscal Effects
Significant Costs to Build New Water Supply Projects. We estimate the cost of implementing
new projects to develop 5 million acre-feet of new, reliable, statewide annual water supply will be
several tens of billions of dollars, potentially totaling more than $100 billion. The exact cost would
depend on several factors. In particular, the costs would depend on the specific mix of water supply
and conservation projects selected, which can vary considerably. In addition, the total cost to achieve
5 million additional acre-feet of supply would be higher to the extent that bonds are used to finance
projects, as authorized by the measure, due to interest costs.
While most of the total costs to achieve 5 million additional acre-feet of water supply likely
would be paid by the state—through the amounts from the General Fund set aside for this purpose—
a portion could be funded by other sources such as local governments or public-private partnerships
that decide to undertake such projects without fully relying on state funding. The exact proportion of
costs that would be incurred by the state as compared to local sources is unclear and will depend on
the factors described below.
Increased State Spending on Water Supply Projects. We estimate the measure would dedicate
between $2.5 billion and $4 billion per year for water supply projects from existing state revenues for
the next few decades. This level of spending would be a very significant increase from current
General Fund expenditures for water supply. The amount of annual state funding dedicated to
projects would depend on General Fund revenues each year. The duration of time for which funding
is set aside would depend on (1) the total costs to implement projects selected for funding, including
bond debt service payments; (2) how much of these costs are funded by the state versus local
governments or other funders; and (3) how long projects take to complete. To the degree the
proposed changes to environmental permitting review shot -ten the time line for completing projects,
this likely would reduce the costs associated with those individual projects.
Less Funding Available for Other State Activities. Creating a new annual spending requirement
of $2.5 billion to $4 billion for water supply means that these state funds would therefore not be
available for other activities that could be funded from the General Fund. In years when the state has
a large General Fund surplus—specifically, when General Fund revenues are more than 2 percent
higher than existing budget commitments—this measure would reduce the state's ability to expand
other programs. However, in years when the state does not have a large surplus, this measure could
require the state to make reductions to existing programs unless it takes other actions, such as raising
additional revenues. The measure would not affect the minimum annual funding requirement for
schools and community colleges.
State Appropriations Limit Consideration. The State Constitution limits how much tax revenues
the state can spend each year. However, certain types of spending, most notably for infrastructure,
are excluded from this limit. In recent years, the limit has been an important consideration in state
Page 180 of 208
Hon. Rob Banta 5 October 15, 2021
budgeting decisions. Because most of the funding from this measure would support water supply
infrastructure projects, this measure likely would increase the amount the state spends on excluded
purposes by as much as $2.5 billion to $4 billion per year. As a result, it would tend to increase the
amount of revenue the state spends on purposes excluded from the limit. Spending more on purposes
excluded from the limit would reduce the chances the state spends revenues in excess of the limit.
Revenues in excess of the limit, over a two-year period, triggers a requirement for taxpayer rebates
and additional school payments.
Likely Decrease in Local Government Costs for Water Projects. Providing a significant increase
in state funds for local projects could affect how much of their own funds local governments spend
on these projects. In some cases, state funds would reduce local spending and result in savings. For
example, this would occur in cases where state funds replace monies that local governments would
have spent on projects even if state finds had not been available. In other cases, local governments
could decide to take advantage of state funds to construct new water supply projects they would not
have otherwise undertaken. In such cases, they could incur some additional costs by funding a
portion of the construction costs, as well as to conduct ongoing operations and maintenance of the
new facilities. While the net impact of this measure on local governments is unknown, overall it
likely will result in some amount of savings from state funds replacing local funds. To the extent this
occurs, it could result in water customers paying lower water bills than they otherwise would in the
absence of the measure.
Summary of Fiscal Effects. We estimate that this measure could have the following major fiscal
effects on the state and local governments:
• Total costs of several tens of billions of dollars for water projects, potentially totaling
more than $100 billion, to develop 5 million acre-feet of additional annual water supply.
• Dedicate between $2.5 billion and $4 billion per year of existing state General Fund
revenues for the next few decades to support the above costs. These funds would
therefore not be available to support other public services funded by the state.
• Unknown fiscal impacts on local governments, but likely some net savings from state
funds replacing monies that local governments otherwise would have spent on water
supply projects.
Sincerely,
for Gabriel Petek
Legislative Analyst
4�� -4�"Iolrl
for Keely Martin Bosler
Director of Finance
Page 181 of 208
CALIFORNIA’S LEGISLATORS HAVE ENDORSED THIS INITIATIVE
By September 9th, the last day of the legislative session, our initiative had already been endorsed by 27
State Senators and Members of the State Assembly. Click here to view the document with images of
their signatures. Here is a list of their names, and the text of the letter of endorsement they signed:
“We, the undersigned members of the California State Legislature, pledge our support to the “Water
Infrastructure Funding Act of 2022,” a citizens’ constitutional amendment, filed for title and summary on
August 26th.
This act, when approved by voters, will accomplish the following objectives:
1 – Provide ample funds for water infrastructure by allocating two percent of the state’s general fund to
support projects that increase California’s annual supply of water to cities, farms and unserved regions.
2 – Unlock immediate access to tens of billions of dollars that will be invested in water projects by
permitting up to half of the two percent allocation which/that will be used to pay principal and interest
on construction bonds.
3 – Give priority to underfunded projects approved by voters in Prop. 1 (2014) that are also already
approved by the California Water Commission.
4 – Prioritize the maintenance, repair and upgrading of projects to deliver abundant and affordable
drinking water to underserved communities.
5 – Funding does not expire until the supply capacity of new projects provides five million acre feet of
new water for California consumers, with surplus water used to protect California’s ecosystems.
6 – Eligible projects include funding for conservation programs that will result in up to one million acre
feet of water saved.
7 – Allocate funds based on an all-of-the-above strategy, allowing Californians to repair and upgrade
aqueducts, dams, water treatment plants, build off-stream reservoirs, expand existing reservoirs, invest
in wastewater reuse and desalination plants, runoff capture, and aquifer recharge and recovery.
8 – Streamline the bureaucratic process so projects can be designed and built in a reasonable period of
time.
Page 182 of 208
We support this initiative to improve our aging water infrastructure and to construct new means to
capture and deliver water to all parts of our state. The challenges of a growing population in conjunction
with climate change and prolonged droughts have exposed the serious flaws within our water
infrastructure. The funding allocated within this proposal will ensure the state achieves water resilience
and adequately provides clean, safe, and affordable drinking water to all Californians.”
27 State Legislators Have Already Signed This Endorsement
Names in the order they signed:
Devon Mathis, AD 26, R, Visalia
Heath Flora, AD 12, R, Ripon
Rudy Salas, AD 32, D, Bakersfield
James Ramos, AD 40, D, Highland
Timothy S. Grayson, AD 14, D, Concord
Carlos Villapudua, AD 13, D, Stockton
Adam Gray, AD 21, D, Merced
Ken Cooley, AD 08, D, Rancho Cordova
Phillip Chen, AD 55, R, Yorba Linda
Kevin Kiley, AD 06, R, Rocklin
Thurston E. Smith, AD 33, R, Hesperia
Tom Lackey, AD 36, R, Palmdale
Randy Voepel, AD 71, R, Santee
Suzette Valladares, AD 38, R, Santa Clarita
Jordan Cunningham, AD 35, R, Paso Robles
Steven Choi, AD 68, R, Irvine
Jim Patterson, AD 23, R, Fresno
Frank Bigelow, AD 05, R, O’Neals
Andreas Borgeas, SD 08, R, Fresno
Melissa Hurtado, SD 14, D, Sanger
Chad Mayes, AD 42, I, Yucca Valley
Vince Fong, AD 34, R, Bakersfield
Marie Waldron, AD 75, R, Escondido
Laura Davies, AD 73, R, Laguna Niguel
Brian Dahle, SD 01, R, Bieber
Kelly Seyarto, AD 67, R, Murrieta
Janet Nguyen, AD 72, R, Garden Grove
Page 183 of 208
ITEM NO. 9.2.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT:Election for Association of California Water Agencies (ACWA)
President and Vice President for 2022-2023 Term
RECOMMENDATION:
That the Board of Directors appoint Director Jones as the voting delegate, and President
Hawkins as the alternate voting delegate, to cast the District's ballot for ACWA President and
Vice President during the Fall Conference on Wednesday, December 1, 2021.
BACKGROUND:
During ACWA's Fall Conference scheduled December 1, 2021, a General Membership
meeting will be held to formally nominate and elect ACWA's President and Vice President for
the 2022-2023 term. The ACWA Nominating Committee has announced a slate that
recommends current Vice President Pamela Tobin for ACWA President and current Region 10
Vice Chair Cathy Green as ACWA Vice President. As provided by ACWA's Bylaws,
nominations from the floor will be accepted prior to the vote. Such nominations and seconds
must be supported by a resolution of the governing body of the member agency making and
seconding such nomination.
PRIOR RELEVANT BOARD ACTION:
The Board routinely delegates a Director to participate in ACWA Elections and vote on the
District's behalf.
ATTACHMENTS:
1.Meeting Notice, Voting Forms, and Election Procedures
Page 184 of 208
MEMORANDUM
TO: ACWA Member Agency Board Presidents and General Managers
CC: ACWA Board of Director
FROM: Dave Eggerton, ACWA Executive Director
DATE: October 4, 2021
SUBJECT: Notice of General Session Membership Meeting — December 1, 2021
There will be a General Session Membership Meeting on December 1, 2021, at 12:00 p.m. The purpose of this
meeting is to formally nominate and elect ACWA’s President and Vice President for the 2022-2023 term. At its
meeting on September 24, 2021, the ACWA Board of Directors approved procedures whereby ACWA members
will be able to participate and vote in the upcoming membership meeting and election in person or virtually.
These procedures are in accordance with California Corporations Code Sections 20, 21, 5079 and subsections
(a) and (f) of Section 7510, as well as Article 9 of ACWA’s Bylaws. The in-person meeting will be held in
Ballroom D-H of the Pasadena Convention Center. Virtual voting delegates will participate via Zoom. Staff will
provide the Zoom access information to the virtual voting delegates upon receipt of the Voter Designation &
Information Form and the member agency’s Consent to Electronic Transmissions, Meetings & Voting Form.
Members who wish to attend the membership meeting virtually as a non-voting participant can obtain the
registration link by contacting Clerk of the Board Donna Pangborn at donnap@acwa.com or 916-441-4545 to
confirm their member agency has submitted the requisite Consent to Electronic Transmissions, Meetings &
Voting Form.
Election/Voting Process
The ACWA Nominating Committee has announced a 2022-2023 slate that recommends current Vice President
Pamela Tobin for ACWA President and current Region 10 Vice Chair Cathy Green for ACWA Vice President.
The Nominating Committee’s 2022-2023 slate will be presented for the members’ consideration and vote at the
membership meeting on December 1.
As provided by ACWA’s Bylaws (Article 9, Section 9) nominations from the floor will be accepted prior to the
vote on the Nominating Committee’s slate. The Bylaws require that floor nominations and seconds be made by
a member of the Association and must be supported by a resolution of the governing body of the member
making and seconding such nomination. The member agency on whose board the nominee serves must submit
a resolution of support if they are not the agency making the floor nomination or second. The resolutions to
facilitate floor nominations must be submitted to the Clerk of the Board Donna Pangborn at
donnap@acwa.com by COB Wednesday, November 24, 2021.
Via U.S. Mail and Electronic Mail
Page 185 of 208
ACWA Member Agency Board Presidents and General Managers
General Session Membership Meeting — December 1, 2021
October 4, 2021 • Page 2
See attachment for detailed Membership Meeting & Election Procedures.
ACWA will be using a voting system called Live-Tally, which will allow voters to vote using a handheld keypad OR
online keypad (which can be accessed through any modern web browser on a computer, tablet or smart
phone). Voters must be present at the membership meeting, either in person or virtually, to vote.
Consistent with ACWA’s Bylaws, Article 9, Section 5, “each member of the Association shall be entitled to one
vote that shall be cast by its authorized representative.”
• Member agencies must indicate their voting representative and alternate on the attached Voter
Designation & Information Form.
• Member agencies must indicate if their voting representative/alternate is attending in person or
virtually as well as provide all of the information identified on the form in order for ACWA to facilitate
all aspects of the membership meeting and voting processes.
Members who desire to participate in the membership meeting virtually and vote electronically are required
to sign and return the attached Consent to Electronic Transmissions, Meetings & Voting Form by
November 24, 2021, consistent with the California Corporations Code.
Deadline & Changes
The deadline for submitting the Voter Designation & Information Form is Wednesday, November 24, 2021.
While this form identifies both a voting delegate and an alternate voting delegate for the ACWA member
agency, if for any reason the member agency desires for the alternate voting delegate to vote at the election in
place of its designated voting delegate, the member agency must notify ACWA in advance of its exchange of
voting delegates by contacting the Clerk of the Board Donna Pangborn at donnap@acwa.com or 916-441-4545
no later than Monday, November 29, 2021. Staff will then provide the member agency’s alternate voter with
the Zoom and Live-Tally access/participant information if the voter is participating virtually.
ACWA General Session Desk
ACWA staff will be available at the ACWA General Session Desk, located in the Ballroom Lobby of the
Pasadena Convention Center, on Wednesday, December 1, between 9:00 a.m. and 11:45 a.m. to answer
questions about the membership meeting and election process.
In-person voters need to check in at the ACWA General Session Desk on Wednesday, December 1, between
10:30 and 11:45 a.m. to pick up handheld keypads.
If you have any questions regarding this process, please contact Clerk of the Board Donna Pangborn at
916-441-4545 or donnap@acwa.com.
dgp
Attachments:
1. Membership Meeting & Election Procedures
2. Voter Designation & Information Form
3. Consent to Electronic Transmission, Meetings & Voting Form
Page 186 of 208
Voter Designation & Information Form
DEADLINE FOR RETURNING FORM(s): 11/24/2021
To: Donna Pangborn, Clerk of the Board Email: donnap@acwa.com Fax: 916-669-2425
The person designated below will be attending the ACWA General Session Membership Meeting(s) on Wednesday,
December 1, 2021 (and December 2, 2021 if necessary) as our voting delegate. Please designate an alternate voting
delegate to facilitate any change to your voting representation at the meeting. To change your alternate, however, you
must notify Donna Pangborn of the change no later than COB Monday, November 29, 2021.
I have signed and returned the Consent to Electronic Transmission, Meetings & Voting Form.
Voting Delegate’s Name How Will Delegate Attend? Will attend the meeting in person in Pasadena. Will attend the meeting virtually.
Voting Delegate’s Email Voting Delegates’ Phone No.
Alternate Voting Delegate’s Name How Will Alternate Delegate Attend? Will attend the meeting in person in Pasadena. Will attend the meeting virtually.
Alternate Voting Delegate’s Email Alternate Voting Delegates’ Phone No.
Voting Delegate’s Affiliation (if different from assigning agency)*Date
*If your agency designates a delegate from another entity to serve as its authorized voting representative, please
indicate the delegate’s entity in the appropriate space above.
Member Agency’s Name Agency’s Phone No.
Print Member Agency’s Authorized Signatory Name Authorized Signatory Signature
Page 187 of 208
In accordance with California Corporations Code Sections 20, 21, 5079 and subsections (a) and (f) of Section 7510, and Article 9 of the Bylaws of the Association of California Water Agencies, a California nonprofit mutual benefit corporation (“ACWA”), the undersigned member of ACWA (the “Member”) hereby consents and agrees as follows:
1. ACWA may send meeting notices, annual reports, and all other materials to the Member by (a) electronic transmission to the Member’s facsimile number or email address; (b) posting on an electronic message board or network which ACWA has designated for those communications, together with separate notice to the Member of the posting; or (c) other means of electronic communication. The Member’s initial facsimile number and email address for receiving such notices, annual reports and other materials are listed below.
2. ACWA may conduct meetings of the members by electronic transmission or electronic video screen communication; provided, however, that if fewer than all members of ACWA consent to conduct such meetings by electronic transmission or electronic video screen communication, then such meetings shall be held at a physical location, and the authorized representative(s) of any member that has so consented (and not withdrawn its consent) may participate in such meetings by electronic transmission or electronic video screen communication, be deemed present in person and vote at such meetings.
3. ACWA may rely on communications sent by the Member to ACWA by (a) electronic transmission from the Member’s facsimile number or email address; (b) posting on an electronic message board or network which ACWA has designated for those communications; or (c) other means of electronic communication. ACWA may reasonably conclude that the Member is the sender of any electronic transmission that (i) is received from such facsimile number or email address or (ii) is submitted by an authorized representative of the Member with valid registration/login credentials.
4. ACWA may rely on electronic votes (including votes to approve or reject actions) submitted by an authorized representative of the Member to ACWA during meetings conducted in whole or in part by electronic transmission or electronic video screen communication. ACWA may reasonably conclude that the authorized representative of the Member is the sender of any electronic votes submitted pursuant to such authorized representative’s meeting participant ID. The Member’s initial authorized representative(s) is listed below.
ACWA shall maintain paper records of all communications sent by ACWA to the members and all votes or actions taken at any member meeting. The Member may (i) access such records at ACWA’s headquarters during normal business hours or (ii) request in writing for ACWA to send copies of such records to the Member via U.S. Mail or email.
This consent shall remain in full force and effect until the Member revokes it in writing and so notifies ACWA.
Print Member Name Print Representative Name
Representative Title Representative Signature Date
Consent to Electronic Transmissions, Meetings & Voting
Please provide the facsimile number and email address to which the Member authorizes ACWA to send the electronic communications described above. The Member may change its designated facsimile number and email address at any time by written notice to ACWA.
Facsimile Number
Email
Please provide the name of the Member’s initial authorized representative(s) who will participate in and vote in connection with member meetings. The Member may change its authorized representative(s) at any time by written notice to ACWA.
Authorized Representative No. 1
Authorized Representative No. 2
Page 188 of 208
The following information is provided to inform the ACWA member agency voting delegates of the meeting and
election procedures to be used in the upcoming General Session Membership Meeting scheduled for December
1, 2021 at 12:00 p.m. The purpose of the meeting is to formally nominate and elect ACWA’s President and Vice
President for the 2022-2023 term. The in-person meeting will be held in Ballroom D-H of the Pasadena Convention
Center. Virtual voting delegates will participate via Zoom. Staff will provide the Zoom access information to the virtual
voting delegates upon receipt of the Voter Designation & Information Form and the member agency’s Consent to
Electronic Transmissions, Meetings & Voting Form. Members who wish to attend the membership meeting virtually
as a non-voting participant can obtain the registration link by contacting Clerk of the Board Donna Pangborn at
donnap@acwa.com or 916-441-4545 to confirm their member agency has submitted the requisite Consent to
Electronic Transmissions, Meetings & Voting Form.
ELECTION / VOTING PROCESS
ACWA will be using a voting system called Live-Tally, which will allow voters to vote either in person using a handheld
keypad OR virtually through an online keypad (which uses any modern web browser on a computer, tablet or smart
phone). Voters must be present at the membership meeting, either in person or virtually, to vote.
Consistent with ACWA’s Bylaws, Article 9, Section 5, “each member of the Association shall be entitled to one vote
that shall be cast by its authorized representative.”
• Member agencies must indicate their voting representative and alternate on the Voter Designation & Information
Form.
• Member agencies must indicate if their voting representative/alternate is attending in person or virtually as well as
provide all of the information identified on the form in order for ACWA to facilitate all aspects of the membership
meeting and voting processes.
Members who desire to participate in the membership meeting virtually and vote electronically are required
to sign and return the Consent to Electronic Transmissions, Meetings & Voting Form by November 24, 2021,
consistent with the California Corporations Code.
MEMBERSHIP MEETING & ELECTION PROCEDURES FOR DEC. 1, 2021
VIRTUAL ATTENDEES
Virtual attendees need to take the following steps after the member agency has completed and returned the Voter Designation & Information Form and requisite Consent to Electronic Transmissions, Meetings & Voting Form.
1. Voting delegates need to save the Zoom access/login information ACWA staff will provide to you. Save the information for the day of the meeting. Use that information to login to the virtual meeting, which is how ACWA will identify you as a participant.
2. Voting delegates need to save the Live-Tally Participant ID information ACWA staff will provide to you, which is how Live-Tally will identify you as the member agency voter.
IN-PERSON ATTENDEES
In-person attendees need to take the following steps after completing and returning the Voter Designation & Information Form:
1. Check in at the ACWA General Session Desk, located in the Ballroom Lobby of the Pasadena Convention Center, on Wednesday, December 1, between 10:30 and 11:45 a.m. to pick up handheld keypads.
2. Voting delegates must be present to vote and MUST have the handheld keypad prior to the start of the membership meeting.
DEADLINE & CHANGES
The deadline for submitting the Voter Designation & Information Form is Wednesday, November 24, 2021. If there is
any change of your agency’s voting delegate with its designated alternate, you must contact ACWA’s Clerk of the Board
Donna Pangborn at donnap@acwa.com or 916-441-4545 no later than Monday, November 29, 2021. Staff will provide
the alternate voter with the Zoom and Live-Tally access/participant information if the voter is participating virtually.
Page 189 of 208
1. The General Session Membership Meeting will be called to order at 12:00 p.m. and a quorum will be determined. The presence of 50 authorized voting representatives is required to establish a quorum for transacting business.
2. An overview of the Zoom platform will be provided, including demonstration of how the virtual meeting participants can interact throughout the meeting.
3. An overview of the Live-Tally voting system will be provided and a test vote will be conducted.
4. Legal Affairs Committee Chair Jennifer Buckman will provide an overview of the agenda and election procedures.
5. Nominating Committee Chair Brent Hastey will present the Committee’s report and announce the candidate for ACWA President.
6. President Steven LaMar will call for floor nominations for ACWA President.
7. If there are no floor nominations for ACWA President, the election will proceed. President LaMar will close the nominations and delegates will vote following motion/second to elect the Nominating Committee’s recommendation using Live-Tally.
8. If there are floor nominations for President, the nomination will follow the procedures established by Article 9 of ACWA’s Bylaws, stating that floor nominations and seconds shall be made by a member of the Association and must be supported by a resolution of the governing body of the member making and seconding such nomination. The member agency on whose board the nominee serves shall submit a resolution of support if they are not the agency making the floor nomination or second.
a. Resolutions to facilitate floor nominations must be submitted to the Clerk of the Board Donna Pangborn at donnap@acwa.com by COB Wednesday, November 24, 2021.
b. Candidates will be given three minutes to address the membership.
c. Staff will create a ballot in the Live-Tally system and then display for the voters’ action.
d. Voting delegates will vote on one (1) candidate of the candidate options displayed on the screen using the handheld OR online keypad in the Live-Tally voting system. Results will be displayed in real time.
e. President LaMar will announce the results of the vote.
9. Nominating Committee Chair Brent Hastey will announce the candidate for ACWA Vice President.
10. President Steven LaMar will call for floor nominations for ACWA Vice President.
11. If there are no floor nominations for ACWA Vice President, the election will proceed. President LaMar will close the nominations and delegates will vote following motion/second to elect the Nominating Committee’s recommendation using Live-Tally.
12. If there are floor nominations for ACWA Vice President, the nominations will follow the procedures described in item 6 above, and the election will proceed according to the steps outlined in 6.a. through 6.e.
13. The ACWA Board of Directors appointed LAC Chair Jennifer Buckman to serve as an election inspector to resolve any challenges or questions in connection with the election consistent with California Corporations Code 7614.
GENERAL SESSION MEMBERSHIP MEETING, WEDNESDAY, DEC. 1 AT 12:00 P.M.
Procedures approved by the ACWA Board of Directors on 9/24/2021.
Page 190 of 208
VIRTUAL VOTING
Each voting delegate will be provided access to
voting through Live-Tally’s voting system. If you
are attending the meeting virtually, follow the
instructions listed below.
1. Use any modern web browser on a computer, tablet or smart phone to navigate to https://MyBallot.app
2. Enter the meeting ID “ACWA” and click the “Connect” button.
3. When prompted, enter the specific voting participant ID that was provided to you.
4. Voting questions will appear on this “virtual keypad” as they are presented.
• Simply click the numbered button that corresponds to your choice.
• To change your vote, make a different selection before the voting window ends.
5. Hit refresh if your browser or virtual keypad
goes to “sleep.”
IN-PERSION VOTING
If you are attending the meeting in person, you
will be given a handheld keypad. Each handheld
keypad is numbered on the back, and that number
will be assigned to you as you check in at the
ACWA General Session Desk on Wednesday,
December 1 between 10:30 and 11:45 a.m.
• Check your device to make sure that it is working properly. Press any button and it will light up. All devices were tested prior to the
meeting.
• If it does not light up. Take it back to the
ACWA General Session Desk and ask for
another keypad and make sure that they make
a note of the numeric change.
Test voting will be conducted at the beginning of the Membership Meeting.
VOTE
ACWA VOTING PROCEDURES
Return your keypad to the ACWA General Session Desk.
California Corporations Code requires ACWA to maintain a voting record of its membership meetings.
When the members are ready to vote, the President will announce that it is time to vote (instructions will appear on
the projection screen).
• How do I submit my vote? Press 1, 2, or 3 to cast your vote; then press SEND.
• What happens if I make a mistake? Re-submit your vote by pressing 1, 2, or 3 and send before the voting window ends.
• What if I arrive late? Your vote will be cast from the time you arrive at the meeting; prior to that your vote will register as “absent.”
• What happens if I am out of the room or have to leave early? Your vote will be recorded as “absent” for that vote.
Page 191 of 208
ITEM NO. 10.1.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Alison Martin, Public Affairs Manager
SUBJECT:Draft Legislative Platform
RECOMMENDATION:
That the Board of Directors: (1) discuss and define the state and federal legislative priorities of
the District; (2) provide general comments and thoughts on the draft policy goals for 2022; and
(3) direct staff to return to the Board with updated information for future review and
consideration.
SUMMARY:
The YLWD Public Affairs Manager and legislative consultants will provide a presentation on
the draft language for a legislative platform for 2022. The draft language, with redlined edits
from individual Directors' input, is attached for Board consideration.
NOTABLE CHANGES
Additions to Water Supply Section
Include stormwater capture and dry weather runoff as water supplies YLWD
supports.
Support desalination projects where the cost provides good value because of the
resilience achieved.
Change in Local Control Section
In the second bullet, change "negatively affect" to "degrade".
FISCAL IMPACT:
None.
Page 192 of 208
BACKGROUND:
The District works to influence legislation and funding opportunities in Sacramento and
Washington, D.C. to promote fiscal stability, preserve local control, and support regulatory
streamlining. This document would serve as the guide by which the District actively engages
with legislation through monitoring and communications activities. The 2022 YLWD Legislative
Platform represents the District’s position on current or future issues that have the potential to
impact the District or its interests. The Guiding Principles and Policy Statements will allow
District staff and consultants to address 2022 legislative and regulatory issues promptly,
without precluding the consideration of additional legislative and budget issues that may arise
during the legislative session. Furthermore, the 2022 Legislative Platform is an important
advocacy tool to present and deliver to elected officials who represent the YLWD service area
locally or in Sacramento and Washington D.C. Sharing policy statements and positions on
common legislative and regulatory issues with elected officials helps to shape policy decisions
and positions YLWD to be a leader in the community for legislative and regulatory topics.
PRIOR RELEVANT BOARD ACTION:
The Board of Directors received the first draft of the Legislative Platform at the Board Meeting
on October 13, 2021.
STRATEGIC PLAN INITIATIVES:
G1 5A - Meeting with lobbyists, representatives, and regulators at all levels
(local/state/federal).; G1 5B - Actively participate with existing water/sewer organizations on
regulatory and emerging issues.; G4 2D - Communicate emerging water quality and sewer
issues/regulations.
ATTACHMENTS:
1.Draft Legislative Platform
Page 193 of 208
1
YLWD LEGISLATIVE PLATFORM
2022
Draft Text for Board Discussion
Version 1.1
Page 194 of 208
2
PURPOSE
This document serves as the guide by which the Yorba Linda Water District (YLWD) actively
engages with legislation through monitoring and communications activities. The 2022 YLWD
Legislative Platform represents the District’s position on current or future issues that have the
potential to impact the District or its interests.
Below are the Guiding Principles and Policy Statements that will allow District staff and
consultants to address 2022 legislative and regulatory issues promptly, without precluding the
consideration of additional legislative and budget issues that may arise during the legislative
session.
Furthermore, the 2022 Legislative Platform is an important advocacy tool to present and deliver
to elected officials who represent the YLWD service area locally or in Sacramento and
Washington D.C. Sharing policy statements and positions on common legislative and regulatory
issues with elected officials helps to shape policy decisions and positions YLWD to be a leader in
the community for legislative and regulatory topics.
Page 195 of 208
3
PROCESS
Legislative positions will be recommended by YLWD staff and the District’s legislative advocates
and submitted to the Board of Directors for their consideration
In times where the legislative position of the District is unable to go to the Board of Directors in
time before it is acted upon in the Legislature, as long as it is in line with the adopted legislative
platform or the position taken is the same as any local agency partners or association agencies
including but not limited to the Association of California Water Agencies (ACWA), Metropolitan
Water District of Southern California (MWDSC), the Municipal Water District of Orange County
(MWDOC), Orange County Water District (OCWD), Orange County Sanitation District (OCSD)
the California Special District’s Association (CSDA), Community Water Systems Alliance
(CWSA), or the California Association of Sanitation Agencies (CASA), the Board President can
sign position letters on behalf of the District. If the Board President takes any legislative position
due to this process, the legislative position will still be brought before the next Board of Directors
meeting after the fact for discussion and direction.
Page 196 of 208
4
GUIDING PRINCIPLES
I. PROMOTE FISCAL STABILITY
Seek funding opportunities for YLWD projects through grants, appropriations, or other means.
Help YLWD access additional funding sources that will promote local reliability projects.
Support measures that promote fiscal stability, predictability, financial independence, and
preserve the District’s financial independence. Oppose measures that do not provide
adequate funding to the District such as unfunded mandates or mandated costs with no
guarantee of local reimbursement or offsetting benefits.
II. PRESERVE LOCAL CONTROL
Preserve and protect the District’s powers, duties, and prerogatives to operate within its
service area and to determine the policy direction of local affairs, and oppose legislation that
preempts local authority. Local agencies should preserve authority and accountability for
revenues raised and services provided, including maintaining the ability to charge for services
rendered or collect proportional impact, connection, or capacity fees.
III. SUPPORT REGULATORY STREAMLINING
Support legislation that aims to streamline the regulatory environment by reducing regulation,
reviewing regulation, or proposing regulations without affecting YLWD’s ability to operate
safely and effectively. Oppose redundant regulatory processes or procedures that increase
costs and add time to projects without justifiable benefits.
Page 197 of 208
5
LEGISLATIVE POSITIONS
Water Supply
Support legislation that improves the supply and security of water to the Yorba Linda Water
District service area, including stormwater capture and dry weather runoff.
Support legislation that aims to increase water recycling, potable reuse, groundwater
recharge, above ground storage, and surface water development.
Support legislation and policies that provide for a solution to the problems in the
Sacramento-San Joaquin River Delta that strikes a balance between agricultural demands
and urban water needs.
Support funding opportunities that provide local reliability, conveyance, and storage
facilities for YLWD.
Support declaring water desalination as extraordinary supply.
Support desalination projects where the cost provides good value because of the
resilience achieved.
Reward districts that can prove their water use is recycled 100%.
Water Quality
Oppose legislation or policies that add redundant water testing, water quality, or
environmental constraints to YLWD.
Support legislation and funding that helps agencies meet state and federal water quality
standards.
Support legislation or regulations that aim to provide source-control measures at no cost
to the District to prevent contaminants such as PFAS/PFOA from entering the water
supply.
Water Use Efficiency
Oppose legislation that establishes water conservation and water use efficiency programs
that unreasonably constrain YLWD or its customers.
Oppose measures that fail to recognize augmented or alternative water supplies as an
efficient use of water, or that fail to provide an adequate incentive for investments in such
water, for potable or non-potable reuse.
Oppose measures that require water efficiency standards or performance measures that
are infeasible, not practical, or fail to achieve a positive cost-benefit ratio.
Page 198 of 208
6
Environment
Support the goals of National Endangered Species Act Reform Coalition (NESARC).
Support legislation that aims to clarify, streamline, and modernize the California
Environmental Quality Act (CEQA).
Support unique solutions and partnerships to collectively address and respond to natural
disasters such as wildfires, including the continued use and expansion of Heli-Hydrants
and emergency generators.
Support policies and legislation that help fund the cleanup and removal of PFAS/PFOA
contaminants from groundwater supplies.
Support polluter-pays principles when assigning responsibility for the contamination and
cleanup of environmentally destructive substances.
Support legislation or regulations that discourage the flushing of wipes or other foreign
substances through the sewer system, unless they meet certain performance standards.
Oppose assigning superfund liability to water districts who treat water to remove PFAS.
Energy
Oppose legislation that increases the cost of electricity or other utilities for YLWD.
Support legislation and policies that recognize hydroelectric power as a clean, renewable
energy source and that its generation and use meet the greenhouse gas emission
reduction compliance requirements called for in the Global Warming Solutions Act of 2006
(AB 32) and subsequent related legislation.
Monitor and support any legislative development that would provide relief for the use of
diesel emergency power generators during State of Emergency events affecting the local
electrical utility.
Oppose the removal of natural gas as a viable energy source.
Page 199 of 208
7
Fiscal
Support the development of bond or general fund programs for water supply development,
including new surface and groundwater storage, water quality, recycled water,
desalination, and water use efficiency related programs.
Oppose legislation that places unnecessary or unfair regulations on pension liabilities.
Support an equitable approach to the disbursement of State Revolving Fund revenues for
a wide variety of projects.
Oppose legislation and regulations that tax water as a public goods charge and
redistributes the revenue throughout the State.
Support state and federal revenue sources for water infrastructure projects that address
water quality and reliability issues for disadvantaged and income-limited communities and
residents that are not based upon regressive taxes.
Support the protection of local revenue for use by special districts and the maintenance of
reserve accounts of water agencies.
Support efforts that seek to bring federal sources of funding to California for water
infrastructure development and water management.
Local Control
Oppose legislation that seeks to diminish or alter the authority of the Board of Directors to
manage the District’s water systems or operations, impose unreasonable unfunded state
mandated programs, or increase fees or taxes on YLWD customers.
Oppose legislation that would negatively affect degrade YLWD’s authority in the area of
public contracts, procurement, financial administration, public records, and human
resources.
Oppose legislation that would dissolve YLWD or transfer its duties to other agencies.
Oppose legislation that would affect YLWD’s ability to protect and secure critical
infrastructure from cyber or physical threats and damages.
Oppose legislation that places mandates, or otherwise modifies the governance structure
of special districts, joint powers authorities, or other local government entities.
Support legislation that eliminates regulations between employees and employers that
place undue fiscal harm on special districts.
Oppose legislation that mandates additional duties upon special districts to facilitate public
meetings or transparency without cause or funding.
Oppose legislation that prevents water agencies from recovering sufficient revenues from
connection and capacity fees and oppose legislation that restricts the ability of agencies
to charge fees for services.
Support legislation to encourage the consolidation of MWDOC and OCWD.
Page 200 of 208
8
Other
Monitor legislation that would change or expand current prevailing wage requirements.
Oppose legislation that creates additional water agencies within or inclusive of the YLWD
service area outside of the LAFCO process, or without the support of residents and local
public agencies.
Page 201 of 208
ITEM NO. 11.1.
AGENDA REPORT
MEETING DATE:November 17, 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:
OCTOBER
OC LAFCO - October 13, 2021
FIRO Webinar - October 13, 2021 (Jones)
OC Water Summit - October 15, 2021 (Jones)
WACO Planning Committee - October 19, 2021
SAWPA Commission - October 19, 2021
YL City Council - October 19, 2021 (DesRoches)
MWDOC Board - October 20, 2021 (Miller)
OCWA Webinar - October 20, 2021 (Miller)
OCWD Board - October 20, 2021 (DesRoches)
Yorba Linda State of the City - October 20, 2021 (Jones/Lindsey)
MWDOC/OCWD Joint Planning Committee - October 27, 2021 (Miller/DesRoches)
OCSD Board - October 27, 2021 (Jones)
YL Planning Commission - October 27, 2021 (Hawkins - As Needed)
ISDOC - October 28, 2021 (Hawkins/Jones)
NOVEMBER
ISDOC Executive Committee - November 2, 2021
SAWPA Commission - November 2, 2021
YL City Council - November 2, 2021 (Hawkins)
MWDOC Board - November 3, 2021 (Miller)
ACWA Webinar - November 3, 2021 (Jones)
OCWD Board - November 3, 2021 (DesRoches)
MWDOC Member Agency Discussion - November 4, 2021 (Hawkins)
OCBC Virtual Awards - November 4, 2021 (Jones)
WACO - November 5, 2021
YLWD/City of Yorba Linda Joint Agency - November 8, 2021 (Hawkins/Lindsey)
OC LAFCO - November 10, 2021
OCWD/YLWD PFAS WTP Webinar - November 10, 2021
(DesRoches/Hawkins/Jones/Lindsey)
Page 202 of 208
FIRO Webinar - November 10, 2021 (Jones)
YL Planning Commission - November 10, 2021 (Hawkins - As Needed)
WACO Planning Committee - November 16, 2021
SAWPA Commission - November 16, 2021
YL City Council - November 16, 2021 (Hawkins)
Page 203 of 208
ITEM NO. 11.2.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:John DeCriscio, Operations Manager
SUBJECT:General Manager's Report
Attached is a report on the status of the Grant Meter Program. Other topics will be touched on
during the meeting.
ATTACHMENTS:
1.Grant Meter Program Status Report
Page 204 of 208
PO Box 309, Yorba Linda CA 92885 714-701-3000 www.ylwd.com
Phillip D. Hawkins
President
J. Wayne Miller, PhD
Vice President
Brooke Jones
Director
Trudi Kew DesRoches
Director
Tom Lindsey
Director
Serving the Community Since 1909
MEMORANDUM
DATE: November 17, 2021
TO: Brett R. Barbre, General Manager
FROM: John DeCriscio, Operations Manager
RE: Grant Meter Program Status Report
In response to Director Jones' request for an update on the Grant Meter Program,
attached is the status and a map of the work completed and the work remaining.
As of November 1, 2021, we have completed the installation and activation of 89%
of the meters and radio transmitting units (MXU’s). Reading routes are broken
down into 4 cycles, each cycle is read monthly and customer bills are generated
during the read cycles.
Cycles 1 and 3 are completed, and are now on the radio drive by system.
Cycles 2 and 4 are in progress, however, we are facing supply delays from the
manufacturer for the equipment needed to complete these last two cycles. The
materials have been ordered and as they arrive, we create the work orders to
complete the installation and configuration. We are anticipating having the project
completed by July 2022.
Page 205 of 208
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OYORBA LINDA WATER DISTRICT Nov 2021 DISCLAIMER:This map represent a visual aid intended to assist Public Utility Department personnelwith the management of Water System facility. Data provided hereon is not a guaranteeof actual field conditions nor a substitute for record drawings and field verification.AMI PROJECT00.5 10.25 Miles
NOT FOR CONSTUCTION USE
ANAHEIM CITY
YORBA LINDA CITY
COUNTY OF ORANGEBREA CITY
PLACENTIA CITY
ANAHEIMLAKES
SANTA ANA RIVER LAKES
SANTA ANA RIVER
^_
Water Boundary
Completed
Not Completed
^_YLWD
Page 206 of 208
ITEM NO. 13.1.
AGENDA REPORT
MEETING DATE:November 17, 2021
TO:Board of Directors
FROM:Brett R. Barbre, General Manager
STAFF CONTACTS:Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT:Meetings from November 18 - December 31, 2021
ATTACHMENTS:
1.Board of Directors' Activities Calendar
Page 207 of 208
Board of Directors Activity Calendar
Event Date Time Attendance By
November
Board of Directors Workshop Meeting - Tentative Wed, Nov 24 8:30 AM
YL Planning Commission Wed, Nov 24 6:30 PM Hawkins (As Needed)
ACWA-JPIA Fall Conference Mon, Nov 29 8:30 AM Jones
ACWA-JPIA Fall Conference Tue, Nov 30 8:00 AM Jones
December
ACWA Fall Conference Wed, Dec 1 8:00 AM Jones
MWDOC Board Wed, Dec 1 8:30 AM Miller
OCWD Board Wed, Dec 1 5:30 PM DesRoches
ACWA Fall Conference Thu, Dec 2 8:00 AM Jones
ISDOC Executive Committee Tue, Dec 7 7:30 AM
SAWPA Commission Tue, Dec 7 9:30 AM
YL City Council Tue, Dec 7 6:30 PM Miller
OC LAFCO Wed, Dec 8 8:15 AM
FIRO Webinar Wed, Dec 8 12:00 PM Jones
WACO Fri, Dec 10 7:30 AM
Board of Directors Regular Meeting Tue, Dec 14 6:30 PM
MWDOC Board Wed, Dec 15 8:30 AM Miller
OCWA Webinar Wed, Dec 15 11:30 AM
OCWD Board Wed, Dec 15 5:30 PM DesRoches
OCSD Board Wed, Dec 15 6:00 PM Jones
YL Planning Commission Wed, Dec 15 6:30 PM Hawkins (As Needed)
WACO Planning Committee Tue, Dec 21 7:30 AM
SAWPA Commission Tue, Dec 21 9:30 AM
YL City Council Tue, Dec 21 6:30 PM Jones
Board of Directors Workshop Meeting - Tentative Tue, Dec 28 8:30 AM
YL Planning Commission Wed, Dec 29 6:30 PM Hawkins (As Needed)
As of November 8, 2021
Page 208 of 208
BACKUP MATERIALS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING
WWW.TOWNSENDPA.COM
SACRAMENTO • WASHINGTON, DC
NORTHERN CALIFORNIA • CENTRAL CALIFORNIA • SOUTHERN CALIFORNIA
Legislative Platform
November 17, 2021
Slide 2
2021 Legislative Platform
2021 Legislative Platform Preview
PURPOSE
•Establish clear guidelines to advance goals and policy
positions through legislative review and advocacy
•Provide guidance for Yorba Linda Water District (YLWD)
Directors and staff who serve on regional,state,and national
boards,committees,and commissions when they are asked to
represent the District on public policy matters and issues.
•Inform the District’s representatives,other state elected
officials,policy committees,and other relevant stakeholders as
to the District’s position on policy matters.
•Help inform YLWD customers about important legislative
principles and policies
Slide 3
2021 Legislative Platform
2021 Legislative Platform Preview
GUIDING PRINCIPALS
1.PROMOTE FISCAL STABILITY
2.PRESERVE LOCAL CONTROL
3.SUPPORT REGULATORY STREAMLINING
Slide 4
2021 Legislative Platform
2021 Legislative Platform Preview
PROCESS
•Adopt the Legislative Platform at the beginning of each legislative year.The Legislative Platform will identify legislative priorities outside of thelegislativeguidingprinciples.
•Based on the adopted Legislative Platform,legislation of interest orpotentialimpacttotheDistrictwillbeidentified.Information will besharedwithDistrictstaff.
•If the position falls within the adopted Legislative Platform,the BoardPresidentcansignlettersandothercommunicationsexpressingtheDistrict’s position on legislation.
•Items will be referred to the full Board for consideration,if they arecomplex,fall outside of the Legislative Platform,or if staff desires Boardinput.
•Legislative communications,or summary of actions,will be distributedtotheBoard.
Slide 5
California Advocacy | Federal Advocacy | Grant Writing
www.TownsendPA.com | (949) 399-9050
Eric O’Donnell
Senior Associate
EODonnell@TownsendPA.com
Christopher Townsend
President
CTownsend@TownsendPA.com
2021 Legislative Platform Preview
Board of Directors Regular Meeting Wednesday, November 17, 2021 1
10.2 Status of Engineering Activities
and PFAS Water Treatment Plant
Presented by:
Rosanne Weston
Engineering Manager
2Board of Directors Regular Meeting Wednesday, November 17, 2021
Projects in Planning/Design
Project Status
Well 23 Lease Negotiations
Bastanchury Road Water Line Replacement Planning –New!
Main Street Sewer Main 30% Design
Imperial Highway Water Main Lining 30% Design
New BNSF Waterline Xing –Between Richfield Rd and Lakeview Ave Planning
Timber Ridge Booster PS 100% Design Pending
Property Acquisition
Well 22 Equipping 100% Design
Projects in Bid/Award Phase
TW Status
Hidden Hills Booster PS Dec. 2021
Stonehaven Water Main Dec.2021
FY22 Sewer Rehab and Replacement Nov. 2021
BNSF Xing -Waterline at Weir Canyon and Esperanza Rd Nov. 2021
BNSF Xing -Waterline Intertie Abandonment at Fairbury Lane Nov. 2021
Lakeview Reservoir Site Stabilization Feb.2021
Board of Directors Regular Meeting Wednesday, November 17, 2021 3
Projects Under Construction
Project Status
Lakeview Sewer Extension Completion Dec. 2021
Grandview Ave and Ridge Way Waterline
Improvements
Completion Dec. 2021
Well 22 Dissipator Completion Dec.2021
Gardenia Reservoir Storm Drainage
Improvements
Completed
Well 15 Abandonment Completed
Board of Directors Regular Meeting Wednesday, November 17, 2021 4
Bastanchury Road Water Line Replacement
Board of Directors Regular Meeting Wednesday, November 17, 2021 5
YLWD PFAS Water Treatment Plant
Board of Directors Regular Meeting Wednesday, November 17, 2021 6
11
(Assistant) General Manager’s
Report
Presented by:
Doug Davert
Assistant General Manager
Board of Directors Regular Meeting Wednesday, November 17, 2021
2
COVID -Related Information
•No changes in COVID or Vaccination Status
•We will report back if anything changes
•YLWD at 100% “normal” operations (subject to
compliance with OSHA requirements
Board of Directors Regular Meeting Wednesday, November 17, 2021
3
Delinquencies and Collections
•Our Efforts Continue to Work with Customers
•November 2021 Delinquencies:
–Residential $61,646.69 (647)
–Commercial $10,583.57 (29)
–Total November-$72,730.26 (676)
•1/2020 to 11/16/2021:
–Residential $232,666.79 (2,203)
–Commercial $30,128.71 (63)
–Total $262,795.50 (2,266)
Board of Directors Regular Meeting Wednesday, November 17, 2021
4
Soft Collection Calls
•As of 11/16/21:
–Total calls made = 6,155
–Number of accounts paid due to calls = 4,129
–Total dollars collected due to calls = $1,109,399.38
–Success percentage = 67%
–336 customers now signed up for auto pay
Board of Directors Regular Meeting Wednesday, November 17, 2021
5
Other Notes of Interest
•Treatment plant construction is now going on 24 hours
per day on some days
•Building painting project is nearing completion
•Metropolitan asking for reduction in water use, but no
mandates (yet?)
Board of Directors Regular Meeting Wednesday, November 17, 2021