HomeMy WebLinkAbout2022-04-12 - Board of Directors Meeting Agenda Packet (B)Yorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, April 12, 2022, 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/m/83715500158
Telephone: (669) 900-6833 or (346) 248-7799
Meeting ID: 837 1550 0158
Live -stream: https://www.ylwd.com/youtube
2. CALL TO ORDER
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL
J. Wayne Miller, PhD, President
Brooke Jones, Vice President
Trudi DesRoches, Director
Phil Hawkins, 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. Refund from ACWA JPIA Rate Stabilization Fund
6.2. Elected Official Liaison Reports
6.3. 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
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All items on the consent calendar are considered routine and may be approved by a single motion. There
will be no discussion of these items unless a member of the Board, staff, or public requests separate
consideration.
8.1. Minutes of the Board of Directors Workshop Meeting Held February 22, 2022
Recommendation: That the Board of Directors approve the minutes as
presented.
8.2. Minutes of the Board of Directors Special and Regular Meetings Held March 8,
2022
Recommendation
presented.
That the Board of Directors approve the minutes as
8.3. Re -Authorizing Continuation of Virtual/Teleconference Board Meetings
Recommendation: That the Board of Directors adopt Resolution No. 2022 -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 could present imminent risks to
the health and safety of attendees, and (4) continued remote meetings are
hereby re -authorized for the period of April 12, 2022, through May 12, 2022,
pursuant to California Government Code Section 54953(e).
8.4. Communications Activities Monthly Report
Recommendation: That the Board of Directors receive and file the
Communications Activities Report for the month ending March 31, 2022.
8.5. Positions on State Legislation
Recommendation. That the Board of Directors take the following positions on
these bill numbers: AB 2041 - Support; AB 2142 - Support; AB 2536 - Oppose
Unless Amended; AB 2647 - Support; SB 991 - Support; and SB 1157 - Oppose
Unless Amended.
8.6. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $3,062,097.20.
8.7. Budget to Actual Reports for the Month Ending February 28, 2022
Recommendation: That the Board of Directors receive and file the Budget to
Actual Reports for the Month Ending February 28, 2022.
8.8. Cash and Investment Report for the Period Ending February 28, 2022
Recommendation: That the Board of Directors receive and file the Cash and
Investment Report for the Period Ending February 28, 2022.
8.9. Claim for Damages filed by Ivan Ruzics
Recommendation. That the Board of Directors reject the claim filed by Mr. Ivan
Ruzics and refer it to ACWA JPIA for further handling.
8.10. Terms and Conditions with L.D. Hardas, 5005 Hidden Glen Lane, J-2022-02
Recommendation: That the Board of Directors approve the Terms and
Conditions for Water and Sewer Service with L.D. Hardas, 5005 Hidden Glen
Lane, Job No. J-2022-02.
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8.11. Change Order for FY21-22 Manhole and Valve Box Adjustment Project
Construction Contract
Recommendation: That the Board of Directors authorize staff to issue a change
order in the amount of $115,000 for the Fiscal Year 2021-22 Manhole and Valve
Box Adjustment Project Construction Contract.
8.12. Ratification of Exceptions from Competitive Solicitation Process for Emergency
Expenditures to Repair Bryant Cross Feeder at Esperanza Road
Recommendation: That the Board of Directors ratify the Interim General
Manager's and Engineering Manager's emergency expenditure to repair the
Bryant Cross Feeder Waterline at Esperanza Road.
9. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board (or Committee) discussions
are needed prior to formal action.
9.1. Amendments to Board of Directors' Policies and Procedures Manual
Recommendation: That the Board of Directors consider the proposed
amendments to the Policies and Procedures Manual and adopt Resolution No.
2022 -XX approving said amendments and repealing Resolution Nos. 18-06, 18-
15, 2020-04 and 2020-13.
9.2. Amendments to Employee Travel Expense Reimbursement Policy
Recommendation: That the Board of Directors adopt Resolution No. 2022 -XX
approving amendments to the Employee Travel Expense Reimbursement Policy
and repealing Resolution No. 16-21.
9.3. Nominations for OC LAFCO Regular and Alternate Special District Member
Seats
Recommendation: That the Board of Directors consider nominating
candidate(s) for election to OC LAFCO's Regular and Alternate Special District
Member Seats and designate two Directors to serve as the primary and
alternate voting representatives in the associated election.
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.
11. REPORTS, INFORMATION ITEMS, AND COMMENTS
11.1. Director's Reports
11.2. Assistant General Manager/ Interim 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
(Miller / DesRoches) - Next meeting will be scheduled when needed.
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12.2. Joint Agency Committee with City of Yorba Linda
(Miller / Lindsey) - Next meeting is scheduled Monday, April 25, 2022, at 5:30
p.m.
12.3. Joint Agency Committee with City of Placentia
(Jones / Lindsey) - Next meeting will be scheduled when needed.
13. BOARD OF DIRECTORS ACTIVITY CALENDAR
13.1. Meetings from April 13 - May 31, 2022
14. ADJOURNMENT
14.1. A Board budget workshop meeting is scheduled Wednesday, April 20, 2022 at
5:30 p.m. The next regular Board meeting is scheduled Tuesday, May 10,
2022. Closed Session (if necessary) will begin at 5:30 p.m. and regular business
at 6:30 p.m.
Items Distributed to the Board Less Than 72 Hours Prior to the Meeting
Non-exempt materials related to open session agenda items that are distributed to a majority of the Board of
Directors (or Committee Members) less than seventy-two (72) hours prior to the meeting will be available for
public inspection in the lobby of the District's Administrative building located at 1717 E Miraloma Ave, Placentia
CA 92870 during regular business hours. When practical, these materials will also be posted on the District's
website at https://ylwd.com/. (GC 54957.5)
Accommodations for the Disabled
Requests for disability -related modifications or accommodations, including auxiliary aids or services, required for
participation in the above posted meeting should be directed to the Board Secretary at (714) 701-3020 at least 24
hours in advance. (GC 54954.2(a))
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Yorba Linda
Water District
MEETING DATE:
TO:
FROM:
STAFF CONTACTS
/_[r]=1►1I7_\V=1161AI
April 12, 2022
Board of Directors
Doug Davert, Assistant General Manager
Alison Martin, Public Affairs Manager
Federal and State Legislative Update
Attached is the monthly legislative report from Townsend Public Affairs.
ATTACHMENTS:
1. TPA Memo Regarding Community Project Funding
2. TPA Monthly Report
3. TPA Legislative Matrix
ITEM NO. 6.3.
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TC-O)WNSEND
TPA
MEMORANDUM
To: Yorba Linda Water District
From: Townsend Public Affairs
Date: March 25, 2022
Subject: FY 2022 Community Project Funding Next Steps
Backaround on Communitv Proiect Fundin
The 117th Congress brought back the opportunity to earmark funds for local projects after a
decade long ban on the practice. The process was brought back under a new name 'Community
Project Funding' with a new process aim for more oversight. The process for soliciting projects
began in late February of 2021, with the directive that each member would be allowed to submit
10 community projects for consideration into the Fiscal Year 2022 (FY'22) Appropriations Bill.
YLWD Heli -Hydrant Prosect
Yorba Linda Water District and TPA submitted a community project request to Senator Feinstein,
Senator Alex Padilla, and Congresswoman Young Kim to fund the construction of a Heli -Hydrant.
Both Senator Padilla and Congresswoman Kim sponsored this project as one of their member
designated projects into the Interior and Environment appropriations bill. The project made it
through months of negotiations and was included in the accounts final appropriations signed into
law on March 151h, 2022. The project received an allocation of $500,000 through the Forest
Service's project budget.
Fundinq Program (U.S. Forest Service)
The Heli -Hydrant project will receive funding through the U.S. Forest Service's Resource
Information and Analysis account. The Forest Service will reach out directly to the awarded group
on the timeline for how funds will be distributed. The timeline for using the allocated funds is one
year from when funds are dispersed into YLWD's account. The federal agencies have a lot of
follow up they need to do to get this money out to the door to the hundreds of community project
funding recipients, so exact timelines are not available at this time.
Next Steps
Congressional offices are putting pressure on agencies to disperse funds as soon as possible, so
that the awardees are able to execute their projects. While we do not have a hard date to report,
agencies are aiming to reach out to the project awardees by June/July 2022 and get the funds
dispersed shortly thereafter. We will continue to reach out to agency contacts to ensure that
YLWD is able to access their awarded funds as soon as they become available.
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
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T(I".)WNSEND
T PA
MEMORANDUM
To: Yorba Linda Water District
From: Townsend Public Affairs
Date: April 5, 2022
Subject: State and Federal Legislative Monthly Report
Specific Activity
• TPA provided YLWD staff with draft thank you letters for the legislators that contributed to
the successful federal Community Project Funding for the Heli -Hydrant
• TPA provided the District with a memo that outlined the next steps on the federal
Community Project Funding process
• TPA provided information on FY 23 Community Project Funding process to YLWD staff
and worked to develop project ideas for FY 23
o TPA submitted two Community Project Funding applications on behalf of YLWD
and secured letters of support from Senator Josh Newman and Assemblymember
Phillip Chen
• TPA testified on behalf of YLWD in the Senate Natural Resources and Water Committee
on the Oppose Unless Amended position on SB 1157 (Hertzberg)
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
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State Leaislative Uadate
The month of March saw amendments to hundreds of bills, the introduction of numerous
legislative proposals with major budget impacts, and the Legislature returning to its full pace as it
works to consider the 2,115 bills introduced during the 2022 legislative session. Below is an
overview of notable legislative happenings from the month of March.
While February marked the deadline for new bill vehicle introductions, it did not mark the deadline
for new legislative language. Assembly and Senate leadership set hard mid-March deadlines for
major amendments and amendments to "spot" legislation to be submitted, meaning the month of
March featured hundreds of major amendments to existing legislation — many of which completely
altered the scope and intent of their previous versions.
Governor Newsom Issues Executive Order to Bolster Drought Response
Following the driest first three months of a year in the state's recorded history, this month
Governor Gavin Newsom took steps to drive water conservation at the local level, calling on local
water suppliers to move to Level 2 of their Water Shortage Contingency Plans, which require
locally appropriate actions that will conserve water across all sectors, and directing the State
Water Resources Control Board to consider a ban on the watering of decorative grass at
businesses and institutions.
Governor Newsom signed an Executive Order that directs the State Water Resources Control
Board (SWRCB) to evaluate the adoption of regulations banning irrigation of "non-functional" turf
(or grass), such as decorative grass adjacent to large industrial and commercial buildings. The
ban would not include residential lawns or grass used for recreation, such as school fields, sports
fields and parks. The Department of Water Resources estimates this ban alone will result in
potential water savings of several hundred thousand acre-feet. An acre-foot of water serves the
needs of approximately three households for a year.
In addition to the water supplier conservation measure, the Order includes a number of key
directives for local governments:
New Local Well Permitting Requirements. Local governments may not approve a permit
for a new groundwater well or alteration of an existing well in a basin with a Groundwater
Sustainability Agency (medium- or high-priority) without first obtaining written verification
from the managing Groundwater Sustainability Agency; and must determine that the
groundwater will is not likely to interfere with nearby wells and/or cause subsidence that
may damage nearby infrastructure. This excludes small and domestic wells.
• Certain Water Haulinq Ordinances Suspended. Suspends all local prohibitions on hauling
of water for human consumption, cooking, or sanitation out of a water basin of origin, or
public agency jurisdiction.
• Groundwater Recharge Projects Expedited. Expedites and reduces permitting
requirements for groundwater recharge projects to support future flood -flows.
Expanded Illegal Diversion Enforcement. Expands State Water Board inspections for
illegal diversions and/or waste and unreasonable use of water.
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• Funding Requests for State Agencies. Requests state agencies to submit proposals for
drought mitigation by April 15, 2022 for inclusion in the Governor's May Revision budget.
Multiple Proposals Emerge to Offset High Gas Prices
This month featured multiple proposals to help offset the cost of soaring gas process, which
include issuing hard -cash rebates to Californians, foregoing the gas tax, and combinations of
both. Below is an overview of each proposal:
Governor Newsom champions "gas tax holiday, " then adds cash rebates for all drivers —
During his presentation of the January budget framework proposal and his subsequent
State of the State Address, Governor Newsom announced that his budget includes a "gas
tax holiday," which foregoes the gas tax authorized by SB 1 (Beall, 2017) that funds critical
transportation infrastructure projects. California's gas tax is 51.1 cents per gallon, the
second highest in the nation. It's scheduled to increase slightly for inflation on July 1.
Governor Newsom initially proposed pausing that for one year.
However, following calls for more action and a rivaling proposal from Democratic
Legislators, this month Governor Newsom expanded on his original "gas tax holiday"
proposal and released details for a more comprehensive rebate plan. This plan includes
$11 billion in budget surplus funds for the following programs:
o $400 debit cards to every CA vehicle owner, which will be distributed via DMV
records to cover those who don't earn enough to pay taxes. Owners of electric
vehicles and individuals who lease cars will also be eligible,
o $750 million to provide three months of free public transit throughout the state,
o Up to $600 million to pause the diesel sales tax for one year; and
o $523 million to pause the gas inflation adjustment, set to become effective July 1,
2022.
Ultimately, this proposal will require legislative approval. Assembly and Senate leadership
have signaled that they are against pausing the gas inflation adjustment, which they say
is a critical component to financing transportation infrastructure improvements throughout
the state.
Democratic Legislators Announce Gas Rebate Plan for all tax -paying Californians — This
month, Assembly Member Petrie -Norris and other members of the Assembly Democratic
Caucus gathered on the capitol steps to hold a press conference unveiling a new
legislative proposal to offer all tax -paying Californians a $400 tax rebate to offset high gas
and goods prices. The proposal would dedicate approximately $9 billion of the state's
budget surplus toward providing $400 rebates to all Californians who pay state income
taxes, regardless of their income. Assembly Member Petrie -Norris, who led the press
conference, said the rebates should be sent out as soon as possible and that the state
should not wait until the Legislature and Governor Newsom agree on the entire state
budget, which is traditionally completed in late June. When asked about the chosen dollar
amount, Assembly Member Petrie -Norris said the $400 tax rebate figure was used
because it equals the amount a typical Californian pays in state excise taxes on gasoline
per year. She said California drivers on average fill up their gas tanks 52 times a year.
California's gas tax is 51 cents per gallon.
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The proposal framework was in response to the rising price of gas and presents an
alternative solution to Governor Newsom's proposal to issue a "gas tax holiday" before the
gas price inflation readjustment period on July 1. Following the Governor reiterating his
intentions to do so, Assembly and Senate leadership responded with an alternative
solution to provide tax relief without "taking critical funds away from road repair and
improvement."
This proposal differs from the Governor's plan in that it would be extended to all tax -paying
Californians – regardless of car ownership status. It also does not include a gas tax
suspension.
Republican Legislator proposes legislation to suspend California's excise gas tax for six
months, legislation is amended to impose a new tax on gas suppliers – Republican
Assembly Member Kevin Kiley twice introduced a bill to suspend California's gas excise
tax for six months. After failing to pass through the policy committee process, the
legislation was gut and amended in the Assembly Transportation Committee to impose a
new tax on gas suppliers when the price of a gallon of gas is "abnormally high" compared
to the cost of a barrel of crude oil — and send the tax revenue back to California drivers
via a rebate. Despite the author's objections to the amendments, Democratic Committee
members voted to move it forward without changing the name of the author.
COVID-19 Updates
Assembly Member Buffy Wicks Announces she will not move forward with vaccine
Mandate legislation - This month, Assembly Member Wicks announced she will hold AB
1933 during the 2022 session. The bill would have mandated vaccines for workplaces (for
both employees and independent contractors) and require employers to verify that their
workers are immunized. New hires would need to have at least one shot by their first day
— and the second within 45 days. Assembly Member Wicks cited strong public safety
union opposition and the decline in COVID-19 cases as reasons for holding the bill. AB
1933 constituted the most comprehensive push for vaccine mandates/reform as it
pertained to the COVID-19 pandemic. Other legislation, like Senator Scott Wiener's SB
866, which would allow minors aged 12 years and older to consent to a vaccine without
parental oversight, is still active.
California to lift all masking mandates for vaccinated individuals and school settings –
Following the State's announcement lifting the indoor statewide masking mandate, on
February 28, the Governor announced the state would lift all masking mandates, including
mandates that apply to school children and school personnel. On March 1, the state
officially lifted indoor masking mandates for unvaccinated individuals. On March 11, masks
were no longer required in schools and childcare facilities. In addition, both the Assembly
and Senate lifted their indoor masking mandate within Capitol and Capitol -adjacent
spaces on March 7.
• Legislators consider, and vote to not repeal the COVID-19 state of emergency – This
month, the Senate Committee on Governmental Organization considered the merits of
SCR 5 (Melendez), which would end the COVID-19 State of Emergency and all of the
current Executive Orders related to the emergency if passed by both houses. It was the
first hearing the bill received since Senator Melendez introduced the bill in 2020. The
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measure failed on a 4-8 party line vote. However, it was granted reconsideration to allow
Senator Melendez to bring it forward at a later date.
During the bill's discussion, proponents iterated that the existing State of Emergency
constituted a violation of the separation of powers doctrine and that the decline in COVID-
19 should lead to the end of the emergency. Opponents of the measure noted that the
State of Emergency allows for the coordination of aid and resources across federal, state,
and local agencies and provides for the stability of existing Executive Orders relating to
COVID-19, such as remote meeting flexibility. Representatives from the California
Professional Firefighters Association and the California Hospital Association spoke in
opposition to the measure, citing concerns that ending the Emergency could impact
hospital and public safety staffing, and the ability for emergency services to respond.
Governor Unveils New "CARE Court" Proposal to Address Homelessness and Mental Illness
This month, Governor Newsom unveiled a new proposal to address California's mental health
and homelessness crisis. The proposal, which is called the Community Assistance, Recovery and
Empowerment (CARE) Court, will implement a court-ordered response to mental illness and
substance abuse disorders would accelerate the state's strategy to help thousands of people get
much-needed services.
Current law provides local governments and courts with a select number of tools to address
mental health crises. These tools include the use of conservatorships, which are typically reserved
for a narrow group of people experiencing severe mental illness with a long -demonstrated history
of continued crisis. The CARE Court proposal is crafted to provide intervening supportive services
earlier than conservatorships or incarceration.
Under the CARE Court proposal, the statewide network of civil courts will be able to utilize a new
tool to service those in need, with a focus on those with severe psychotic disorders. The proposal
would create a mandatory program for all 58 of California's counties, with penalties associated
with local governments that do not comply with requirements. CARE Court provides for a much
broader list of people who can refer others to the court — including behavioral health specialists,
family members, city outreach workers, and emergency services personnel. Once referred, the
Court will work with health specialists to determine a diagnosis and develop and implement a
treatment plan. Treatment plans are set to last anywhere from 12-24 months. Counties and local
service providers will be tasked with implementing the ordered services to stabilize these
individuals, with an emphasis on connections to permanent supportive housing.
Two bills — one in each house (AB 2830 (Bloom) and SB 1338 (Umberg)) — have emerged as the
vehicles to provide implementing language for the proposal. The language included in both bills
is both non -substantive and nearly identical, signaling that the Administration, Legislature, and
stakeholders are in the process of negotiating details. Throughout the month of March, Governor
Newsom has been convening "CARE Court Roundtables" with relevant stakeholders to discuss
the proposal.
Eviction Protections Leaislation Sianed into Law
On March 31, Assembly Bill 2179 (Grayson and Wicks) was signed into law. The bill extends the
date on which landlords may initiate eviction proceedings from April 1 to July 1, as long as an
application is submitted by March 31 to a rent relief program. The legislation is designed to allow
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struggling tenants and the state another three months to finish sending out rental relief payments.
The measure includes an urgency clause, meaning its provisions are effective immediately.
The state's eviction moratorium was scheduled to expire without intervention on March 31. For
the last two years, lawmakers have negotiated legislation to protect renters against eviction if they
have faced pandemic -related hardship. California received a total of $5.2 billion in federal funds
to establish a rent relief program last year to help alleviate the burden of debt for renters and
landlords. However, these programs have been oversubscribed and backlogged in the distribution
of sought relief payments.
In February, legislators approved an early action budget bill to free up state funds and expedite
the backlog of applications, which also eased restrictions on who could qualify for the relief.
AB 2179 was expedited through the legislative process, following the introduction of the bill's
language only a week prior to its signing into law. Notably, Lieutenant Governor Eleni Kounalakis
signed the bill into law because Governor Newsom was vacationing out of state until April 12. She
is the first woman to sign a bill into law in the state of California.
Federal Legislative Updates
The month of March saw massive progress made on the appropriations front.
In March, President Biden signed into law a $1.5 trillion "omnibus" government spending bill that
includes financing for initiatives specifically written by lawmakers seeking to boost their local
universities, roadways or parks with federal dollars. Nearly 500 of the projects are in California,
constituting over $766 million in direct spending. Following the enactment of the spending
package, Congress and the Biden Administration have been looking prospectively toward the
2023 appropriations process.
President Proposes $1.4 billion in Fiscal Year 2023 for Bureau of Reclamation
Within President Biden's budget proposal for Fiscal Year 2023 released on March 28, there was
$1.4 billion allotted to the Bureau of Reclamation to ensure environmentally reliable and
responsible delivery of water and power for Americans while providing tools to tackle the
imbalance between water and power supply and demand in the West. This includes:
• $1.3 billion for Water and Related Resources within the Bureau
• $33 million to implement the California Bay -Delta Program to address California's current
water supply and ecological challenges
• $45.8 million for the Central Valley Project Restoration Fund to protect, restore, and
enhance fish, wildlife, and associate habitats in California's Central Valley and Trinity River
Basins
The Bureau's budget supports the administration's conservation and climate resilience priorities
to continue to implement drought contingency plans, implement long-term comprehensive water
supply solutions for farmers, families, and communities in California, and continued funding for
programs, such as WaterSMART to address water demands and water shortage issues in the
West.
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Other highlights of the Bureau's FY 2023 Budget proposal include:
• $210.2 million for the Dam Safety Program to address infrastructure needs and manage
risks
• $99.7 million for extraordinary maintenance activities across Reclamation to improve asset
management and deal with aging infrastructure.
• $5 million in Power and Program Services to advance the administration's clean energy
and climate goals by increasing hydropower capabilities and value
• $7 million to maintain, develop, and update fire suppression contracts to address the
threats of wildfire and approach response efforts
• $50.3 million for the Yakima River Basin Water Enhancement Project
• $34.8 million for the Klamath Project to improve water supplies and address competing
demands for agricultural, tribal, wildlife and environmental needs
• $27.4 million for the Site Security Program to upgrade physical security
Reclamation and DWR Seek Temporary Changes to Delta Outflow Requirements to Preserve
Water Storage Amid Extreme Drought Conditions
On March 18, the Bureau of Reclamation and the California Department of Water Resources
(DWR) jointly filed a Temporary Urgency Change Petition with the State Water Resources Control
Board to temporarily modify requirements in water right permits and license for the Central Valley
Project and State Water Project between April 1 and June 30. This is in response to a third
consecutive year of dry conditions as well as a historically dry first three months of 2022. The
DWR is also planning to refill the notch in the Emergency Drought Salinity Barrier in the Delta,
beginning on April 1 with completion by April 15. This reduced the amount of saltwater intrusion
into the Delta to allow for reduced flows from upstream reservoirs to conserve water supply.
Additional flexibility of the projects is needed to support the following priorities:
• Providing for minimum health and safety water supplies
• Preserving upstream storage for release later in the summer to control saltwater intrusion
into the Sacramento -San Joaquin Delta
• Preserving cold water in Shasta Lake and other reservoirs to maintain cool river
temperatures for Chinook salmon and steelhead
• Maintaining protections for state and federally endangered and threatened species
• Meeting critical water supply needs
Sites Reservoir to Pursue WIFIA Loan
On March 18, the Environmental Protection Agency invited the Sites Project Authority to apply for
a $2.2 billion loan through the Water Infrastructure Finance and Innovation Act, helping bring the
project closer to construction and completion. Sites Reservoir is a water storage facility that will
create resiliency against the impacts of climate change and also a beneficiary pays project. This
loan could dramatically reduce the costs to participants and make it more affordable for cities,
farms, and resource managers to have access to more water.
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Snow Measurement Technoloav Evaluated in New Port
As part of the Bureau of Reclamation's new Snow Water Supply Forecasting Program, the Bureau
released the Emerging Technologies in Snow Monitoring report to improve the accuracy of water
supply forecasts and evaluate snow measurement technologies in the Western United States.
The report found many under-utilized technologies, which could enhance water supply forecasts
in the near future. The report also found that existing snow measurement tools are invaluable for
uncovering the amount of water in snow, and several snow monitoring technologies are showing
promise in the research and development phase. Additionally, there is no single snow monitoring
technology which provides complete information for the West, and improvements in forecasting
would facilitate snow monitoring to provide a complete picture of future water supplies. Overall,
there needs to be more commitment at the state, federal, and local level to allow these emerging
technologies to be incorporated for snow monitoring and water supply forecasting.
E-3
Page 14 of 191
Yorba Linda Water District
Tuesday, April 05, 2022
AB 155 (Committee on Budget) Budget Act of 2022.
Current Text: Amended: 2/16/2022 html pdf
Introduced: 1/8/2021
Last Amend: 2/16/2022
Status: 2/16/2022 -From committee chair, with author's amendments:
committee. Read second time, amended, and re-referred to Com. on B
Is Urgency: N
Is Fiscal: N
Location: 1/6/2022-S. BUDGET & F.R.
AB 170
AB 1001
Amend, and re-refer to
& F.R.
Desk I Policy Fiscal I Floorl Deski Policy Fiscal I Floor Conf.Enrolled Vetoed Chaptered
1st House I 2nd House Conc.
Summary: Would express the intent of the Legislature to enact statutory changes relating to the
Budget Act of 2022.
(Ting D) Budget Act of 2022.
Current Text: Amended: 2/16/2022 html pdf
Introduced: 1/8/2021
Last Amend: 2/16/2022
Status: 2/16/2022 -From committee chair, with author's amendments: Amend, and re-refer to
committee. Read second time, amended, and re-referred to Com. on B. & F.R.
Is Urgency: N
Is Fiscal: N
Location: 1/6/2022-S. BUDGET & F.R.
Desk I Policy Fiscal I Floorl Deski Policy Fiscal I Floor Conf.Enrolled Vetoed Chaptered
1st House I 2nd House Conc.
Summary: Would express the intent of the Legislature to enact statutory changes relating to the
Budget Act of 2022.
(Garcia, Cristina D) Environment: mitigation measures for air quality impacts: environmental
justice.
Current Text: Amended: 3/22/2022 html pdf
Introduced: 2/18/2021
Last Amend: 3/22/2022
Status: 3/22/2022 -From committee chair, with author's amendments: Amend, and re-refer to
committee. Read second time, amended, and re-referred to Com. on RLS.
Is Urgency: N
Is Fiscal: Y
Location: 2/1/2022-S. RLS.
Desk I Policy Fiscal I Floorl Deski PolicV I Fiscal I Floor Conf.I Enrolled I Vetoed I Chaptered
1st House 2nd House Conc.
Summary: The California Environmental Quality Act (CEQA) requires a lead agency to prepare a
mitigated negative declaration for a project that may have a significant effect on the environment if
revisions in the project would avoid or mitigate that effect and there is no substantial evidence that
the project, as revised, would have a significant effect on the environment. This bill would require
mitigation measures, identified in an environmental impact report or mitigated negative declaration to
mitigate the adverse effects of a project on air quality of a disadvantaged community, to include
measures for avoiding, minimizing, or otherwise mitigating for the adverse effects on that community.
The bill would require mitigation measures to include measures conducted at the project site that
avoid or minimize to less than significant the adverse effects on the air quality of a disadvantaged
community or measures conducted in the affected disadvantaged community that directly mitigate
those effects.
AB 1757 (Ward D) Groundwater sustainability agency.
Current Text: Amended: 3/10/2022 html pdf
Introduced: 2/2/2022
Last Amend: 3/10/2022
Status: 3/14/2022 -Re-referred to Com. on W.,P., & W.
Is Urgency: N
Is Fiscal: Y
Location: 3/10/2022-A. W.,P. & W.
Page 1/12
Page 15 of 191
Desk I Policy Fiscal I Floor Desk Policy Fiscal Floor Conf.Enrolled Vetoed Chaptered
1st House 2nd House Conc.
Summary: The Sustainable Groundwater Management Act requires all groundwater basins designated
as high- or medium -priority basins by the Department of Water Resources that are designated as
basins subject to critical conditions of overdraft to be managed under a groundwater sustainability
plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other
groundwater basins designated as high- or medium -priority basins to be managed under a
groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022,
except as specified. The act authorizes any local agency or combination of local agencies overlying a
groundwater basin to decide to become a groundwater sustainability agency for that basin. Existing
law governs the formation of a groundwater sustainability agency. This bill would authorize a
conservation district formed pursuant to federal law and overlying a groundwater basin in this state to
decide to become a groundwater sustainability agency for that basin and would make the law
governing the formation of a groundwater sustainability agency applicable to that district.
AB 1774 (Seyarto R) California Environmental Quality Act: water conveyance or storage projects: judicial
review.
Current Text: Introduced: 2/3/2022 html pdf
Introduced: 2/3/2022
Status: 2/10/2022 -Referred to Corns. on NAT. RES. and JUD.
Is Urgency: N
Is Fiscal: Y
Location: 2/10/2022-A. NAT. RES.
Teski Policy Fiscal I Flood Deski Policy Fiscal IConf. Enrolled Vetoed Chaptered
1st House Floor 2nd House Conc.
Summary: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to
prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR)
on a project that the lead agency proposes to carry out or approve that may have a significant effect
on the environment or to adopt a negative declaration if it finds that the project will not have that
effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that
may have a significant effect on the environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as revised, would have a significant effect
on the environment. CEQA establishes a procedure by which a person may seek judicial review of the
decision of the lead agency made pursuant to CEQA. This bill would require the Judicial Council to
adopt rules of court applicable to actions or proceedings brought to attack, review, set aside, void, or
annul the certification or adoption of an environmental impact report for water conveyance or storage
projects, as defined, or the granting of project approvals, including any appeals to the court of appeal
or the Supreme Court, to be resolved, to the extent feasible, within 270 days of the filing of the
certified record of proceedings with the court to an action or proceeding seeking judicial review of the
lead agency's action related to those projects.
AB 1784 (Smith R) Water Quality, Supply, and Infrastructure Improvement Act of 2014: groundwater
sustainability projects: grants and loans.
Current Text: Introduced: 2/3/2022 html pdf
Introduced: 2/3/2022
Status: 2/4/2022 -From printer. May be heard in committee March 6.
Is Urgency: N
Is Fiscal: N
Location: 2/3/2022-A. PRINT
Deski Policy Fiscal I Flood Deski Policy Fiscal I Floorl Conf. Enrolled Vetoed Chaptered
1st House I 2nd House 11 Conc.
Summary: Current law provides for the sum of $900,000,000 to be available, upon appropriation by
the Legislature from the Water Quality, Supply, and Infrastructure Improvement Fund of 2014, for
expenditures on, and competitive grants, and loans for, projects to prevent or clean up the
contamination of groundwater that serves or has served as a source of drinking water, as provided.
Current law requires a project that receives funding to be selected by a competitive grant or loan
process with added consideration for those projects that leverage private, federal, or local funding,
and outlines the additional requirements and processes applicable to projects that receive funding.
This bill would make nonsubstantive changes to these latter provisions.
AB 1811 (Fong, Mike D) Water: leases.
Current Text: Amended: 3/17/2022 html pdf
Introduced: 2/7/2022
Last Amend: 3/17/2022
Status: 3/21/2022 -Re-referred to Com. on W.,P., & W.
Is Urgency: N
Page 2/12
Page 16 of 191
Is Fiscal: Y
Location: 3/17/2022-A. W.,P. & W.
Desk I Policy] Fiscal I Floor Desk I Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House Conc.
Summary: Current law authorizes surface water to be leased for a period not to exceed 5 years to
assist water conservation efforts pursuant to specified terms and conditions. Current law requires the
State Water Resources Control Board, during the term of a water lease, to monitor the lease, as
appropriate. This bill would instead authorize surface water to be leased for a period not to exceed 7
years.
AB 1845 (Calderon D) Metropolitan Water District of Southern California: alternative project delivery
methods.
Current Text: Amended: 4/4/2022 html pdf
Introduced: 2/8/2022
Last Amend: 4/4/2022
Status: 4/4/2022 -From committee chair, with author's amendments: Amend, and re-refer to Com. on
W.,P., & W. Read second time and amended.
Is Urgency: N
Is Fiscal: Y
Location: 3/23/2022-A. W.,P. & W.
Summary: Current law authorizes certain entities, including the Department of General Services, the
Military Department, the Department of Corrections and Rehabilitation, and specified local agencies, to
use the design -build procurement process, as prescribed, for specified public works. This bill would
authorize the Metropolitan Water District of Southern California to use the design -build procurement
process for certain regional recycled water projects or other water infrastructure projects. The bill
would define "design -build" to mean a project delivery process in which both the design and
construction of a project are procured from a single entity. The bill would require the district to use a
specified design -build procedure to assign contracts for the design and construction of a project, as
defined.
AB 1944 (Lee D) Local government: open and public meetings.
Current Text: Introduced: 2/10/2022 html pdf
Introduced: 2/10/2022
Status: 2/18/2022 -Referred to Com. on L. GOV.
Is Urgency: N
Is Fiscal: Y
Location: 2/18/2022-A. L. GOV.
Desk I Policy Fiscal I Floor Desk Polic I Fiscal I Floor Conf. Enrolled I Vetoed I Chaptered
1st House 2nd House Conc.
Summary: Current law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings
of a legislative body of a local agency, as those terms are defined, be open and public and that all
persons be permitted to attend and participate. Current law, until January 1, 2024, authorizes a local
agency to use teleconferencing without complying with those specified teleconferencing requirements
in specified circumstances when a declared state of emergency is in effect, or in other situations
related to public health. This bill would specify that if a member of a legislative body elects to
teleconference from a location that is not public, the address does not need to be identified in the
notice and agenda or be accessible to the public when the legislative body has elected to allow
members to participate via teleconferencing.
AB 2041 (Garcia, Eduardo D) California Safe Drinking Water Act: primary drinking water standards:
compliance.
Current Text: Introduced: 2/14/2022 html pdf
Introduced: 2/14/2022
Status: 3/23/2022 -In committee: Set, first hearing. Hearing canceled at the request of author.
Is Urgency: N
Is Fiscal: Y
Location: 2/24/2022-A. E.S. & T.M.
Deski Policy Fiscal I Floor I Desk I Policyl Fiscal I Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House Conc.
Summary: Would require the State Water Resources Control Board to take specified actions if the
state board adopts a primary drinking water standard with a compliance period for which public water
systems are given a designated period of time to install necessary measures, including, but not limited
to, installation of water treatment systems, to comply with the primary drinking water standard
Page 3/12
Page 17 of 191
Desk I Policy Fiscal I Floor Desk Policy I Fiscal I Floor
Conf.
Conc.
Enrolled
Vetoed
Chaptered
1st House I 2nd House I
Summary: Current law authorizes certain entities, including the Department of General Services, the
Military Department, the Department of Corrections and Rehabilitation, and specified local agencies, to
use the design -build procurement process, as prescribed, for specified public works. This bill would
authorize the Metropolitan Water District of Southern California to use the design -build procurement
process for certain regional recycled water projects or other water infrastructure projects. The bill
would define "design -build" to mean a project delivery process in which both the design and
construction of a project are procured from a single entity. The bill would require the district to use a
specified design -build procedure to assign contracts for the design and construction of a project, as
defined.
AB 1944 (Lee D) Local government: open and public meetings.
Current Text: Introduced: 2/10/2022 html pdf
Introduced: 2/10/2022
Status: 2/18/2022 -Referred to Com. on L. GOV.
Is Urgency: N
Is Fiscal: Y
Location: 2/18/2022-A. L. GOV.
Desk I Policy Fiscal I Floor Desk Polic I Fiscal I Floor Conf. Enrolled I Vetoed I Chaptered
1st House 2nd House Conc.
Summary: Current law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings
of a legislative body of a local agency, as those terms are defined, be open and public and that all
persons be permitted to attend and participate. Current law, until January 1, 2024, authorizes a local
agency to use teleconferencing without complying with those specified teleconferencing requirements
in specified circumstances when a declared state of emergency is in effect, or in other situations
related to public health. This bill would specify that if a member of a legislative body elects to
teleconference from a location that is not public, the address does not need to be identified in the
notice and agenda or be accessible to the public when the legislative body has elected to allow
members to participate via teleconferencing.
AB 2041 (Garcia, Eduardo D) California Safe Drinking Water Act: primary drinking water standards:
compliance.
Current Text: Introduced: 2/14/2022 html pdf
Introduced: 2/14/2022
Status: 3/23/2022 -In committee: Set, first hearing. Hearing canceled at the request of author.
Is Urgency: N
Is Fiscal: Y
Location: 2/24/2022-A. E.S. & T.M.
Deski Policy Fiscal I Floor I Desk I Policyl Fiscal I Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House Conc.
Summary: Would require the State Water Resources Control Board to take specified actions if the
state board adopts a primary drinking water standard with a compliance period for which public water
systems are given a designated period of time to install necessary measures, including, but not limited
to, installation of water treatment systems, to comply with the primary drinking water standard
Page 3/12
Page 17 of 191
without being held in violation of the primary drinking water standard. Those actions would include,
among other actions, developing a financial plan to assist public water systems that will require
financial assistance in procuring and installing the necessary measures.
AB 2054 (Quirk -Silva D) Corporation taxes: exempt organizations: mutual ditch or irrigation companies:
public water system: mutual water companies.
Current Text: Amended: 3/3/2022 html Pdf
Introduced: 2/14/2022
Last Amend: 3/3/2022
Status: 3/22/2022 -In committee: Hearing for testimony only.
Is Urgency: N
Is Fiscal: Y
Location: 2/24/2022-A. REV. & TAX
Desk I Policy Fiscal I Floor Desk Policy I Fiscal I Floor Conf. Enrolled Vetoed Chaptered
1st House I 2nd House I Conc.
Summary: Would, for taxable years beginning on or after January 1, 2023, and before January 1,
2028, exempt from the taxes imposed by the Corporation Tax Law a mutual ditch or irrigation company
that operates a public water system if the company complies with specified requirements, including
those open meeting and record accessibility requirements for eligible persons. The bill would provide
that gross income does not include specified funding provided by the State Water Resources Control
Board to a mutual ditch or irrigation company that operates a public water system or to specified
mutual water companies.
AB 2142 (Gabriel D) Income taxes: exclusion: turf replacement water conservation program.
Current Text: Introduced: 2/15/2022 html pf
Introduced: 2/15/2022
Status: 3/22/2022 -In committee: Hearing for testimony only.
Is Urgency: Y
Is Fiscal: Y
Location: 2/24/2022-A. REV. & TAX
Desk I Policy Fiscal I Flood Desk I Policy Fiscal I Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House Conc.
Summary: The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal
income tax law, generally defines "gross income" as income from whatever source derived, except as
specifically excluded, and provides various exclusions from gross income. Current law provides an
exclusion from gross income for any amount received as a rebate or voucher from a local water or
energy agency or supplier for the purchase or installation of a water conservation water closet, energy
efficient clothes washers, and plumbing devices, as specified. This bill would, for taxable years
beginning on or after January 1, 2022, and before January 1, 2027, under both of these laws, provide
an exclusion from gross income for any amount received as a rebate, voucher, or other financial
incentive issued by a local water agency or supplier for participation in a turf replacement water
conservation program.
AB 2157 (Rubio, Blanca D) Urban water use objectives: indoor residential water use.
Current Text: Introduced: 2/15/2022 html pdf
Introduced: 2/15/2022
Status: 2/15/2022 -From printer. May be heard in committee March 18.
Is Urgency: N
Is Fiscal: N
Location: 2/15/2022-A. PRINT
Deski Policy Fiscal I FloorDesk PolicylFiscal Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House Conc.
Summary: Current law requires the Department of Water Resources, in coordination with the State
Water Resources Control Board, and in collaboration with and input from stakeholders, to conduct
necessary studies and investigations and authorizes the department and the board to jointly
recommend to the Legislature a standard for indoor residential water use. Current law, until January 1,
2025, establishes 55 gallons per capita daily as the standard for indoor residential water use,
beginning January 1, 2025, establishes the greater of 52.5 gallons per capita daily or a standard
recommended by the department and the board as the standard for indoor residential water use, and
beginning January 1, 2030, establishes the greater of 50 gallons per capita daily or a standard
recommended by the department and the board as the standard for indoor residential water use. This
bill would make a nonsubstantive change to the provision requiring the department and the board to
collaborate with, and seek input from, stakeholders with regard to the studies, investigations, and
report.
AB 2168 (Daly D) Santa Ana River Conservancy Program.
Page 4/l2
Page 18 of 191
Current Text: Introduced: 2/15/2022 html pf
Introduced: 2/15/2022
Status: 2/15/2022 -From printer. May be heard in committee March 18.
Is Urgency: N
Is Fiscal: N
Location: 2/15/2022-A. PRINT
Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House Conc.
Summary: Current law establishes the Santa Ana River Conservancy Program to be administered by
the State Coastal Conservancy. Current law requires the conservancy, for purposes of carrying out the
program, to utilize the services of the California Conservation Corps and Community Conservation
Corps, as provided. This bill would make a nonsubstantive change to the above law relating to the
conservancy's use of the corps programs.
AB 2201 (Bennett D) Groundwater sustainability agency: groundwater extraction permit.
Current Text: Amended: 3/17/2022 html pdf
Introduced: 2/15/2022
Last Amend: 3/17/2022
Status: 3/21/2022 -Re-referred to Com. on W.,P., & W.
Is Urgency: N
Is Fiscal: Y
1 ocatinn• 3/17/2022-A \n/ P R \n/
Deski Policy Fiscal I Flood Deski Policy Fiscal IConf. Enrolled Vetoed Chaptered
1st House Floor 2nd House Conc.
Summary: Would, on and after July 1, 2023, prohibit, except as specified, a groundwater extraction
facility in a basin that is designated by the Department of Water Resources as a basin that is subject
to critical conditions of overdraft from extracting water without a valid groundwater extraction permit
issued by the groundwater sustainability agency pursuant to the requirements of the bill. The bill
would also require a groundwater sustainability agency responsible for managing a basin designated
by the department as being subject to critical conditions of overdraft to develop, on or before June 30,
2023, a process for the issuance of a groundwater extraction permit, as specified. The bill would also
prohibit the issuance of a groundwater extraction permit for a new or expanded groundwater facility in
a probationary basin, unless the State Water Resources Control Board determines that all or part of a
probationary basin is being adequately managed, as specified.
AB 2247 (Bloom D) Perfluoroalkyl and polyfluoroalkyl substances (PFAS) and PFAS products and product
components: publicly accessible reporting platform.
Current Text: Amended: 3/21/2022 html Of
Introduced: 2/16/2022
Last Amend: 3/21/2022
Status: 3/22/2022 -Re-referred to Com. on E.S. & T.M.
Is Urgency: N
Is Fiscal: Y
Location: 3/3/2022-A. E.S. & T.M.
Deski Policy Fiscal I Floor Desk PolicyFiscal Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House Conc.
Summary: Would require, as part of the hazardous waste control laws, the Department of Toxic
Substances Control to work with the Interstate Chemicals Clearinghouse to establish, on or before
January 1, 2024, a publicly accessible reporting platform to collect information about PFAS and products
or product components containing regulated PFAS, as defined, being sold, offered for sale, distributed,
or offered for promotional purposes in, or imported into, the state. The bill would require, on or before
March 1, 2024, and annually thereafter, a manufacturer, as defined, of PFAS or a product or a product
component containing regulated PFAS that is sold, offered for sale, distributed, or offered for
promotional purposes in, or imported into, the state to register the PFAS or the product or product
component containing regulated PFAS, and specified other information, on the publicly accessible
reporting platform.
AB 2536 (Grayson D) Development fees: connection fees and capacity charges: studies.
Current Text: Introduced: 2/17/2022 html pdf
Introduced: 2/17/2022
Status: 3/10/2022 -Referred to Com. on L. GOV.
Is Urgency: N
Is Fiscal: N
Location: 3/10/2022-A. L. GOV.
Page 5/12
Page 19 of 191
Desk I Policy Fiscal I Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House Conc.
Summary: Current law requires a local agency that conducts an impact fee nexus study to follow
certain standards and practices, as specified. Current law also requires a local agency to hold at least
one open and public meeting prior to levying a new fee or service charge, as specified. This bill would,
on and after January 1, 2023, require a local agency that imposes fees for water connections or sewer
connections, or imposes capacity charges, as provided, and that conducts a study to support the
estimate of the reasonable cost of providing the service to follow certain standards and practices, as
defined and specified.
AB 2639 ( uirk D) Water quality control plans and water rights permits.
Current Text: Amended: 3/22/2022 html pdf
Introduced: 2/18/2022
Last Amend: 3/22/2022
Status: 3/23/2022 -Re-referred to Com. on W.,P., & W.
Is Urgency: N
Is Fiscal: Y
Location: 3/10/2022-A. W.,P. & W.
Deski Policy Fiscal I Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House Conc.
Summary: Current law establishes the State Water Resources Control Board and the 9 California
regional water quality control boards as the principal state agencies with authority over matters
relating to water quality. Current law requires the state board to formulate and adopt state policy for
water quality control. Current law authorizes the state board to adopt water quality control plans for
waters that require water quality standards pursuant to the Federal Water Pollution Control Act, and
provides that those plans supersede any regional water quality control plans for the same waters to
the extent of any conflict. This bill would require the state board, on or before December 31, 2023, to
adopt a final update of the 1995 Water Quality Control Plan for the Bay -Delta, as specified, and to
implement the amendments to the Water Quality Control Plan for the San Francisco Bay/Sacramento-
San Joaquin Delta Estuary adopted by the state board pursuant to Resolution No. 2018-0059 on
December 12, 2018.
AB 2742 (Friedman D) Water meters: urban water suppliers.
Current Text: Introduced: 2/18/2022 html pdf
Introduced: 2/18/2022
Status: 2/19/2022 -From printer. May be heard in committee March 21.
Is Urgency: N
Is Fiscal: N
Location: 2/18/2022-A. PRINT
Deski Policy Fiscal I FloorDesk Policy Fiscal I Floorl Conf. Enrolled Vetoed Chaptered
1st House 2nd House Conc. 11 1
Summary: The Water Measurement Law generally requires the installation of a water meter as a
condition of new water service on and after January 1, 1992. The law, with certain exceptions, requires
an urban water supplier to install water meters on all municipal and industrial service connections that
are located in its service area on or before January 1, 2025. This bill would delay that requirement for
an urban water supplier to install the water meters to on or before January 1, 2030.
AB 2771 (Friedman D) Cosmetic products: safety.
Current Text: Amended: 3/30/2022 html pdf
Introduced: 2/18/2022
Last Amend: 3/30/2022
Status: 3/31/2022 -Re-referred to Com. on E.S. & T.M.
Is Urgency: N
Is Fiscal: N
Location: 3/17/2022-A. E.S. & T.M.
Deski Policy Fiscal I Floor Desk PolicyFiscal Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House 11 Conc.
Summary: Current law, beginning January 1, 2025, prohibits the manufacture, sale, delivery, hold, or
offer for sale in commerce of any cosmetic product that contains any of several specified intentionally
added ingredients, including specified perfluoroalkyl and polyfluoroalkyl substances (PFAS). This bill
would prohibit a person or entity from manufacturing, selling, delivering, holding, or offering for sale in
commerce any cosmetic product that contains perfluoroalkyl and polyfluoroalkyl substances PFAS.
AB 2895 (Arambula D) Water: permits and licenses: temporary changes: water or water rights transfers.
Current Text: Amended: 3/17/2022 html Of
Page 6/12
Page 20 of 191
Introduced: 2/18/2022
Last Amend: 3/17/2022
Status: 3/21/2022 -Re-referred to Com. on W.,P., & W.
Is Urgency: N
Is Fiscal: Y
Location: 3/17/2022-A. W.,P. & W.
Desk I Policy] Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.Enrolled Vetoed Chaptered
1st House 2nd House Conc.
Summary: Under current law, the State Water Resources Control Board administers a water rights
program pursuant to which the board grants permits and licenses to appropriate water. Current law
prescribes the process for a permittee or licensee to petition the board for a temporary change due to
a transfer or exchange of water rights and subsequent notice, decision, and hearing requirements by
the board. Under that process, a petitioner is required to publish notice of a petition in a newspaper,
as specified. Current law requires a petition to contain specified information and requires a petitioner
to provide a copy of the petition to the Department of Fish and Wildlife, the board of supervisors of the
county or counties in which the petitioner currently stores or uses the water subject to the petition,
and the board of supervisors of the county or counties to which the water is proposed to be
transferred. This bill would revise and recast the provisions regulating temporary changes due to a
transfer or exchange of water rights, including, among other revisions, specifying that those provisions
apply to a person who proposes a temporary change for purposes of preserving or enhancing
wetlands habitat, fish and wildlife resources, or recreation.
SB 45 (Portantino D) Short-lived climate pollutants: organic waste reduction goals: local jurisdiction
assistance.
Current Text: Amended: 1/3/2022
Introduced: 12/7/2020
Last Amend: 1/3/2022
Status: 1/24/2022 -Read third time
Read first time. Held at Desk.
Is Urgency: N
Is Fiscal: Y
Location: 1/24/2022-A. DESK
html pdf
Passed. (Ayes 36. Noes 0.) Ordered to the Assembly. In Assembly.
Deski Policyl Fiscal I Floorl Deski Policy I Fiscal J Floorl Conf. Enrolled Vetoed Chaptered
1st House I 2nd House I Conc.
Summary: Current law requires the Department of Resources Recycling and Recovery, in consultation
with the State Air Resources Board, to adopt regulations to achieve the organic waste reduction goals
established by the state board for 2020 and 2025, as provided. Current law requires the department,
no later than July 1, 2020, and in consultation with the state board, to analyze the progress that the
waste sector, state government, and local governments have made in achieving these organic waste
reduction goals. This bill would require the department, in consultation with the state board, to provide
assistance to local jurisdictions, including, but not limited to, any funding appropriated by the
Legislature in the annual Budget Act, for purposes of assisting local agencies to comply with these
provisions, including any regulations adopted by the department.
SB 54 (Allen D) Plastic Pollution Producer Responsibility Act.
Current Text: Amended: 2/25/2021 htmi pdf
Introduced: 12/7/2020
Last Amend: 2/25/2021
Status: 1/24/2022 -Read third time. Passed. (Ayes 29. Noes 7.) Ordered to the Assembly. In Assembly.
Read first time. Held at Desk.
Is Urgency: N
Is Fiscal: Y
Location: 1/24/2022-A. DESK
Deski Policyl Fiscal I Flood Deski Policy Fiscal I Floor Conf. Enrolled Vetoed Chaptered
1st House I 2nd House I Conc.
Summary: Would establish the Plastic Pollution Producer Responsibility Act, which would prohibit
producers of single -use, disposable packaging or single -use, disposable food service ware products
from offering for sale, selling, distributing, or importing in or into the state such packaging or products
that are manufactured on or after January 1, 2032, unless they are recyclable or compostable.
SB 230 (Portantino D) State Water Resources Control Board: Constituents of Emerging Concern in
Drinking Water Program.
Current Text: Amended: 1/20/2022 html pdf
Introduced: 1/19/2021
Last Amend: 1/20/2022
Page 7/12
Page 21 of 191
Status: 1/26/2022 -Read third time. Passed. (Ayes 37. Noes 0.) Ordered to the Assembly. In Assembly.
Read first time. Held at Desk.
Is Urgency: N
Is Fiscal: Y
Location: 1/26/2022-A. DESK
Desk I Policv I Fiscal I Floor Deski Policy I Fiscal I Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House Conc.
Summary: Would require the State Water Resources Control Board to establish, maintain, and direct a
dedicated program called the Constituents of Emerging Concern in Drinking Water Program for 5 years
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 for 3 years to review and provide recommendations to the state board on CECs for further
action, among other duties. The bill would require the state board to provide a final report to the
Legislature by June 1, 2026, on the work conducted by the panel.
SB 832 (Dodd D) Water rights: measurement of diversion.
Current Text: Amended: 3/23/2022 html Pdf
Introduced: 1/3/2022
Last Amend: 3/23/2022
Status: 3/24/2022 -Set for hearing April 5.
Is Urgency: N
Is Fiscal: Y
Location: 1/19/2022-S. N.R. & W.
Deski Policy Fiscal I Floor Desk PolicyFiscal Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House 11 Conc.
Summary: Current law defines various terms applicable to the Water Code. This bill would define
"water year," unless otherwise specified, to mean the 12 -month period beginning October 1 and
ending September 30.
SB 890 (Nielsen R) Department of Water Resources: Water Storage and Conveyance Fund: water
storage and conveyance.
Current Text: Amended: 2/23/2022 html pdf
Introduced: 1/31/2022
Last Amend: 2/23/2022
Status: 3/8/2022 -March 8 set for first hearing. Failed passage in committee. (Ayes 3. Noes 6.)
Is Urgency: Y
Is Fiscal: Y
Location: 2/9/2022-S. N.R. & W.
Deski Policy Fiscal I Floor Desk PolicyFiscal Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House 11 Conc.
Summary: Would establish the Water Storage and Conveyance 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 and
reservoir storage costs, including environmental planning, permitting, design, and construction and all
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 complete funding for the construction of the Sites Reservoir, and 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. This bill would make these provisions inoperative on July 1, 2030, and would repeal it as of
January 1, 2031.
SB 891 (Hertzberg D) Business licenses: stormwater discharge compliance.
Current Text: Amended: 3/9/2022 html pdf
Introduced: 1/31/2022
Last Amend: 3/9/2022
Status: 3/31/2022 -From committee
31). Re-referred to Com. on E.Q.
Is Urgency: N
Is Fiscal: Y
Location: 3/31/2022-S. E.Q.
Do pass and re-refer to Com. on E.Q. (Ayes 5. Noes 0.) (March
Deski Policy] Fiscal I Floor Desk I Policy Fiscal I Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House I Conc.
Page 8/12
Page 22 of 191
Summary: Current law requires, when applying to a city or a county for an initial business license or
business license renewal, a person who conducts a business operation that is a regulated industry, as
defined, to demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES)
permit program by providing specified information, under penalty of perjury, on the application,
including, among other things, the Standard Industrial Classification Code for the business. Current
law requires the city or county to determine, as specified, the applicability of any Standard Industrial
Classification Code and, if applicable, to confirm that the information submitted to demonstrate
enrollment corresponds to the business requesting the initial business license or business license
renewal, and requires the city or county to transfer that information to the State Water Resources
Control Board upon request. Current law requires the State Water Resources Control Board, on or
before April 1, 2020, to post on its internet website a list of applicable Standard Industrial
Classification Codes applicable to a specified permit, known as the Industrial General Permit, for the
purpose of the determinations made by cities or counties, and requires the state board to update that
list, as specified. This bill would prohibit a city or county from developing its own processes for
determining whether a business is appropriately covered by the Industrial General Permit.
SB 892 (Hurtado D) Cybersecurity preparedness: food and agriculture sector and water and wastewater
systems sector.
Current Text: Amended: 3/22/2022 html pdf
Introduced: 1/31/2022
Last Amend: 3/22/2022
Status: 3/29/2022 -Set for hearing April 5.
Is Urgency: N
Is Fiscal: Y
Location: 2/9/2022-S. G.O.
Deski Policy Fiscal I Floor Desk PolicyFiscal Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House 11 Conc.
Summary: Current law requires CalOES to establish the California Cybersecurity Integration Center
(Cal-CSIC) with the primary mission of reducing the likelihood and severity of cyber incidents that could
damage California's economy, its critical infrastructure, or public and private sector computer networks
in the state. Current law requires Cal-CSIC to provide warnings of cyberattacks to government
agencies and nongovernmental partners, coordinate information sharing among these entities, assess
risks to critical infrastructure information networks, enable cross -sector coordination and sharing of
best practices and security measures, and support certain cybersecurity assessments, audits, and
accountability programs. Current law also requires Cal-CSIC to develop a statewide cybersecurity
strategy to improve how cyber threats are identified, understood, and shared in order to reduce
threats to California government, businesses, and consumers, and to strengthen cyber emergency
preparedness and response and expand cybersecurity awareness and public education. This bill would
require CalOES to develop, propose, and adopt optional reporting guidelines applicable to companies
and cooperatives in the food and agriculture industry and entities in the water and wastewater
systems industry if they identify a significant and verified cyber threat or active cyberattack
SB 991 (Newman D) Public contracts: progressive design -build: local agencies.
Current Text: Amended: 3/22/2022 html pdf
Introduced: 2/14/2022
Last Amend: 3/22/2022
Status: 3/31/2022 -From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (March
31). Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 3/31/2022-S. APPR.
Deski Policyl Fiscal I Floor I Deski Policy Fiscal Floorl Conf. Enrolled Vetoed Chaptered
1st House I 2nd House 11 Conc.
Summary: Would, until January 1, 2029, authorize local agencies, defined as any city, county, city and
county, or special district authorized by law to provide for the production, storage, supply, treatment,
or distribution of any water from any source, to use the progressive design -build process for public
works projects in excess of $5,000,000, similar to the progressive design -build process authorized for
use by the Director of General Services. The bill would require a local agency that uses the progressive
design -build process to submit, no later than January 1, 2028, to the appropriate policy and fiscal
committees of the Legislature a report on the use of the progressive design -build process containing
specified information, including a description of the projects awarded using the progressive design -
build process. The bill would require the design -build entity and its general partners or joint venture
members to verify specified information under penalty of perjury.
SB 1144 (Wiener D) Water efficiency and quality assessment reports: state buildings and public school
buildings.
Current Text: Amended: 3/8/2022 html Pdf
Page 9/12
Page 23 of 191
Introduced: 2/16/2022
Last Amend: 3/8/2022
Status: 3/29/2022 -Set for hearing April 5.
Is Urgency: N
Is Fiscal: Y
Location: 3/18/2022-5. G.O.
Desk I Policy Fiscal I Flood Desk I Policy Fiscal I Floor Conf.Enrolled Vetoed Chaptered
1st House I 2nd H 11 Conc.
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. In this
regard, current law prohibits a person from using 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, except as provided. This bill would require, no later
than January 1, 2024, except as provided, an operating agency, as defined, to complete a water
efficiency and quality assessment report, as specified, for each covered building. The bill would define a
'covered building" to mean a building owned and occupied, or leased and occupied, by a state agency,
or a public school building, as described. If the report identifies noncompliant plumbing fixtures and
appliances, or determines that a building contains lead pipe, or pipe of an unknown material that was
installed prior to 1986, the bill would require the operating agency to replace those materials or take
other specified action, as described.
SB 1157 (Hertzberg D) Urban water use objectives: indoor residential water use.
Current Text: Introduced: 2/17/2022 html pdf
Introduced: 2/17/2022
Status: 3/24/2022 -Set for hearing April 5.
Is Urgency: N
Is Fiscal: Y
Location: 3/2/2022-S. N.R. & W.
Deski Policy Fiscal I Floor Desk PolicyFiscal Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House 11 Conc.
Summary: Current law requires the Department of Water Resources, in coordination with the State
Water Resources Control Board, and including collaboration with and input from stakeholders, to
conduct necessary studies and investigations and authorizes the department and the board to jointly
recommend to the Legislature a standard for indoor residential water use. Current law, until January 1,
2025, establishes 55 gallons per capita daily as the standard for indoor residential water use. Existing
law establishes, beginning January 1, 2025, the greater of 52.5 gallons per capita daily or a standard
recommended by the department and the board as the standard for indoor residential water use, and
beginning January 1, 2030, establishes the greater of 50 gallons per capita daily or a standard
recommended by the department and the board as the standard for indoor residential water use. This
bill would eliminate the option of using the greater of 52.5 gallons per capita daily and the greater of
50 gallons per capita daily, as applicable, or a standard recommended by the department and the
board as the standard for indoor residential water use.
SB 1188 (Laird D) Safe Drinking Water State Revolving Fund: financial assistance.
Current Text: Amended: 3/15/2022 html pdf
Introduced: 2/17/2022
Last Amend: 3/15/2022
Status: 3/28/2022 -From committee: Do pass and re-refer to Com. on APPR with recommendation: To
consent calendar. (Ayes 7. Noes 0.) (March 28). Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 3/28/2022-5. APPR.
Deski Policvl Fiscal I Floor Desk Policy Fiscal Floorl Conf. Enrolled Vetoed Chaptered
1st House I 2nd House 11 Conc.
Summary: The Safe Drinking Water State Revolving Fund Law of 1997 establishes the continuously
appropriated Safe Drinking Water State Revolving Fund to provide financial assistance for the design
and construction of projects for public water systems that will enable those systems to meet safe
drinking water standards. Current law authorizes the State Water Resources Control Board, to the
extent permitted by federal law, to provide up to 100% grant funding, and principal forgiveness and
0% financing on loans, from the fund to a project for a water system that serves a severely
disadvantaged community. Current law requires the interest rate for repayable financing provided from
the fund to be 0% if the financing is for a public water system that serves a disadvantaged community
with a financial hardship or if the financing is for a public water system that provides matching funds.
This bill would delete those provisions relating to 0% financing and interest and would instead
generally authorize the board, to the extent authorized by federal law, to provide reduced or 0%
financing to further the purposes of the Safe Drinking Water State Revolving Fund Law of 1997.
Page 10/12
Page 24 of 191
SB 1197 (Caballero D) Water Innovation and Drought Resiliency Act of 2022.
Current Text: Amended: 3/16/2022 html pdf
Introduced: 2/17/2022
Last Amend: 3/16/2022
Status: 3/25/2022 -Set for hearing April 19.
Is Urgency: N
Is Fiscal: Y
Location: 3/2/2022-5. N.R. & W.
Desk I Policy] Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.Enrolled Vetoed Chaptered
1st House 2nd House I Conc.
Summary: Current law declares that the protection of the public interest in the development of the
water resources of the state is of vital concern to the people of the state and that the state shall
determine in what way the water of the state, both surface and underground, should be developed for
the greatest public benefit. Current law creates the Office of Planning and Research to serve the
Governor as staff for long-range planning and research and as a comprehensive state planning
agency. This bill, the Water Innovation and Drought Resiliency Act of 2022, would create the Initiative
to Advance Water Innovation and Drought Resiliency at the office for the furtherance of new
technologies and other innovative approaches in the water sector. The bill would require the office, as
part of the initiative, to take specified measures on or before December 31, 2024, to advance
innovation in the water sector and ensure a drought -resilient economy.
SB 1205 (Allen D) Water rights: appropriation.
Current Text: Amended: 3/17/2022 html pdf
Introduced: 2/17/2022
Last Amend: 3/17/2022
Status: 3/25/2022 -Set for hearing April 19.
Is Urgency: N
Is Fiscal: Y
Location: 3/2/2022-S. N.R. & W.
Deski Policy Fiscal I Floor Deski Policy Fiscal I Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House 11 Conc.
Summary: Would require the State Water Resources Control Board to develop and adopt regulations
to provide greater specificity as to the methods and practices for determining water availability in the
issuance and administration of water right permits and licenses, including consideration of the effects
of climate change, as specified, upon watershed hydrology as part of the preparation of water
availability analyses. The bill would require the board to consult with the Department of Water
Resources, the Department of Fish and Wildlife, and qualified hydrologists and climate change
scientists in preparing the regulations.
SB 1254 (Hertzberg D) Drinking water: administrator: managerial and other services.
Current Text: Introduced: 2/17/2022 html pdf
Introduced: 2/17/2022
Status: 3/28/2022 -From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (March
28). Re-referred to Com. on JUD.
Is Urgency: N
Is Fiscal: Y
Location: 3/28/2022-S. JUD.
Desk I Policy] Fiscal LFloor I Desk I Policy I Fiscal I Floor Conf.Enrolled Vetoed Chaptered
1st House I 2nd H 11 Conc.
Summary: Current law prescribes the processes and procedures pursuant to which the State Water
Resources Control Board may identify a designated water system in need of services, order a
designated water system to accept services from an administrator, and work with the administrator of
a designated water system to develop adequate technical, managerial, and financial capacity to
develop an adequate supply of affordable, safe drinking water so that administrator services are no
longer necessary. This bill would, among other things, expand the definition of "designated water
system" and limit the liability of an administrator and the state board when the state board appoints
an administrator to a designated water system, as prescribed.
SB 1442 (Borgeas R) Water conservation and reclamation projects.
Current Text: Introduced: 2/18/2022 html pdf
Introduced: 2/18/2022
Status: 3/9/2022 -Referred to Com. on RLS.
Is Urgency: N
Is Fiscal: N
Page 11/12
Page 25 of 191
Location: 2/18/2022-S. RLS.
Desk I Policy Fiscal I Floor Desk Policy I Fiscal I Floor Conf. Enrolled Vetoed Chaptered
1st House 2nd House Conc.
Summary: Current law establishes the Water Conservation Projects Act of 1985 and declares the
intent of the Legislature to encourage local agencies and private enterprise to implement water
conservation and reclamation projects. This bill would make nonsubstantive changes to related
legislative findings and declarations.
SB 1459 (Caballero D) State water policy.
Current Text: Introduced: 2/18/2022 htmi pdf
Introduced: 2/18/2022
Status: 3/9/2022 -Referred to Com. on RLS.
Is Urgency: N
Is Fiscal: N
Location: 2/18/2022-S. RLS.
Deski Policy Fiscal I Flood Deski Policy Fiscal I Floor Conf. Enrolled Vetoed Chaptered
1st House I 2nd H I Conc.
Summary: The Porter -Cologne Water Quality Control Act requires the State Water Resources Control
Board to formulate and adopt state policy for water quality control. This bill would make
nonsubstantive changes to that provision.
SB 1485 (Rubio D) Elections: required filings.
Current Text: Amended: 3/16/2022 html pdf
Introduced: 2/18/2022
Last Amend: 3/16/2022
Status: 3/23/2022 -Re-referred to Com. on E. & C.A.
Is Urgency: N
Is Fiscal: Y
Location: 3/23/2022-S. E. & C.A.
Deski Policy Fiscal I Flood Deskl Policy Fiscal I Floor Conf. Enrolled Vetoed Chaptered
1st House I 2nd House 11 Conc.
Summary: Under current law, if an incumbent officer of a county does not deliver their nomination
papers by 5 p.m. on the 88th day before the direct primary election, any person other than the
incumbent has until 5 p.m. on the 83rd day before the election to file nomination documents for the
elective office. This bill would require the county elections official to post on their internet website an
office that has an extended nomination period.
Total Measures: 38
Total Tracking Forms: 50
Page 12/12
Page 26 of 191
ITEM NO. 8.1.
' rba Linda
Water District
/_[r]=1►1I7_\V=1aelAI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager
STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT: Minutes of the Board of Directors Workshop Meeting Held February
22, 2022
RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
1. Draft Meeting Minutes
Page 27 of 191
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS WORKSHOP MEETING
Tuesday, February 22, 2022, 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. PLEDGE OF ALLEGIANCE
President Miller led the pledge.
4. ROLL CALL
DIRECTORS PRESENT
J. Wayne Miller, PhD, President
Brooke Jones, Vice President
Trudi DesRoches
Phil Hawkins
Tom Lindsey
ALSO PRESENT
2022 -XXX
STAFF PRESENT
Doug Davert, Assistant General Manager
John DeCriscio, Operations Manager
Gina Knight, Human Resources and Risk Manager
Delia Lugo, Finance Manager
Rosanne Weston, Engineering Manager
Alison Martin, Public Affairs Manager
Annie Alexander, Board Secretary
Paige Appel, Budget Analyst
Veronica Ortega, Executive Assistant
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
5. PUBLIC COMMENTS
None.
6. DISCUSSION ITEMS
6.1. Hidden Hills Booster Pump Station Upgrade Project
Staff reviewed the purpose of the project and explained that the bids for
construction were significantly higher than the engineer's estimate prepared
by the developer for Cielo Vista.
Minutes of the YLWD Board of Directors Workshop Meeting Held February 22, 2022 at 5:30 p.m.
Page 28 of 191
2022 -XXX
Staff is working with the developer to obtain a construction timeline and will
update the Board as additional information is received. Staff also
commented on the increased costs for labor and materials associated with
other District projects.
6.2. Mid -Year Financial Review and Year End Projections for Fiscal Year 2021-22
Staff noted that an updated version of the presentation had been distributed
at the beginning of the meeting. Staff then reviewed fiscal year-end
projections for consolidated revenue and expenses, debt service ratio
(water fund), and volumetric water consumption. This included an analysis
of revenue from water consumption, an analysis of consolidated operating
and non-operating revenue, and an overview of variances due to rainfall
and voluntary water conservation.
Al Nederhood, resident, commented on the revenue analysis and the impact
of rates on customer water consumption.
Staff then reviewed projected water production demand versus budget,
variable costs and percent allocation, pass-through expense requirements
and limitations.
Al Nederhood, in his role as MWDOC Director, commented on the agency's
pass-through expenses which are passed on to YLWD.
Staff then reviewed projected salary -related expenses, supplies and
services expenses, and variances for contractual, maintenance, and
professional services.
6.3. Capital Improvement Plan Mid -Year Review and Year End Projections for
Fiscal Year 2021-22
Staff reviewed the status of current capital improvement projects and
budgeted versus projected expenses at fiscal year-end. Staff explained that
some projects had been reprioritized due to increasing costs and noted that
the scope of work for the Timber Ridge Booster Pump Station Pump
Replacement Project had been expanded. Discussion followed regarding
the age of the original engineer's estimates and cost projections for some
of the projects in the capital improvement plan.
Al Nederhood, resident, commented on OCWD's projected increase of the
basin production percentage, the District's inability to utilize a higher
percentage, associated factors incorporated in the District's most recent
water/sewer rate study, and the District's capital improvement plan.
Minutes of the YLWD Board of Directors Workshop Meeting Held February 22, 2022 at 5:30 p.m.
Page 29 of 191
2022 -XXX
Staff explained the capacity limitations of the District's groundwater
treatment plant and efforts to maximize groundwater production.
6.4. Board of Directors' Goals and Objectives for Fiscal Year 2022-23 Operating
Budget
Staff reviewed key assumptions incorporated in the rate study model as
compared to anticipated increases in general operating expenses and
fixed/variable water costs. Discussion touched on obtaining clarification
from general counsel regarding eligible pass-through expenses, and
options for restructuring the District's capital improvement plan.
Director Lindsey left the meeting at 6:57 p.m.
Discussion continued regarding the debt issuance process, retirement of
the District's line of credit, and percentage adjustment limitations for capital
finance charges being collected on the property tax roll.
Al Nederhood, resident, commented on the possibility of advance refunding
previous debt issued by the District.
In closing, staff recommended following the adopted schedule for proposed
rate adjustments for the next fiscal year as identified in the District's most
recent water/sewer rate study.
Brief discussion followed regarding topics to be covered by bond counsel
during disclosure training at a future Board meeting.
7. ADJOURNMENT
7.1. Director Hawkins made a motion, seconded by Director Jones, to adjourn
the meeting at 7:16 p.m. Motion passed 4-0-0-1 on a roll call vote with
Director Lindsey absent.
Annie Alexander
Board Secretary
Minutes of the YLWD Board of Directors Workshop Meeting Held February 22, 2022 at 5:30 p.m. 3
Page 30 of 191
ITEM NO. 8.2.
' rba Linda
Water District
/_[r]=1►1I7_\V=1aelAI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager
STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT: Minutes of the Board of Directors Special and Regular Meetings
Held March 8, 2022
RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
1. Draft Meeting Minutes (Special)
2. Draft Meeting Minutes (Regular)
Page 31 of 191
1
2
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS SPECIAL MEETING
Tuesday, March 8, 2022, 5:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
PARTICIPATION INSTRUCTIONS
Were included on the agenda.
CALL TO ORDER
The meeting was called to order at 5:30 p.m.
3. ROLL CALL
4
5.
DIRECTORS PRESENT
J. Wayne Miller, PhD, President
Brooke Jones, Vice President
Trudi DesRoches
Tom Lindsey
DIRECTORS ABSENT
Phil Hawkins
2022 -XXX
STAFF PRESENT
Doug Davert, Assistant General Manager
Gina Knight, Human Resources and Risk Manager
Annie Alexander, Board Secretary
Veronica Ortega, Executive Assistant
ALSO PRESENT
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
PUBLIC COMMENTS
None.
CLOSED SESSION
President Miller opened the meeting to public comments related to items listed
under Closed Session. None were provided.
The Board entered Closed Session at 5:32 p.m. All Directors in attendance were
present. General Counsel Gagen and Human Resources and Risk Manager Knight
were also present.
Minutes of the YLWD Board of Directors Special Meeting Held March 8, 2022 at 5:30 p.m.
Page 32 of 191
2022 -XXX
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: Two
5.2. Public Employment
Pursuant to Section 54957 of the California Government Code
Title: General Manager
Human Resources and Risk Manager Knight left the Closed Session at 6:21 p.m.
5.3. Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: Assistant General Manager
5.4. Conference with Legal Counsel — Existing Litigation
Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the
California Government Code
Name of Case: Irvine Ranch Water District v. Orange County Water
District, et al. (Los Angeles County Superior Court —
Case No. BS168278)
The Board returned to Open Session at 6:42 p.m.
General Counsel Gagen announced that the Board took no reportable action
during Closed Session.
6. ADJOURNMENT
6.1. Director Lindsey made a motion, seconded by Director Jones, to adjourn
the meeting at 6:42 p.m. Motion carried 4-0-0-1 on a roll call vote with
Director Hawkins absent.
Annie Alexander
Board Secretary
Minutes of the YLWD Board of Directors Special Meeting Held March 8, 2022 at 5:30 p.m. 2
Page 33 of 191
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, March 8, 2022, 6:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
PARTICIPATION INSTRUCTIONS
Were included on the agenda.
2. CALL TO ORDER
The meeting was called to order at 6:42 p.m.
3. PLEDGE OF ALLEGIANCE
Vice President Jones led the pledge.
4. ROLL CALL
5
1.1
DIRECTORS PRESENT STAFF PRESENT
J. Wayne Miller, PhD, President
Brooke Jones, Vice President
Trudi DesRoches
Tom Lindsey
DIRECTORS ABSENT
Phil Hawkins
2022 -XXX
Doug Davert, Assistant General Manager
John DeCriscio, Operations Manager
Gina Knight, Human Resources and Risk Manager
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
ADDITIONS/DELETIONS TO THE AGENDA
None.
INTRODUCTIONS AND PRESENTATIONS
6.1. Elected Officials Liaison Reports
MWDOC Director Al Nederhood commented on current drought conditions
and the impact of state water conservation emergency regulations. He also
invited the Board to view MWDOC's upcoming Administration and Finance
Minutes of the YLWD Board of Directors Regular Meeting Held March 8, 2022 at 6:30 p.m.
Page 34 of 191
2022 -XXX
Committee meeting during which the agency's reserves policy would be
discussed.
6.2. Federal and State Legislative Update
Staff briefed the Board on SB 1157 and AB 2142 and requested the Board
consider mirroring ACWA's positions on both bills (Oppose Unless
Amended and Support, respectively) as well as sign on to ACWA's coalition
letters to this effect. Staff was instructed to sign the letters on the District's
behalf.
7. PUBLIC COMMENTS
None.
8. CONSENT CALENDAR
Vice President Jones requested to remove Item Nos. 8.3. and 8.10 from the
Consent Calendar for separate action. Director DesRoches also requested to
remove Item No. 8.6., and President Miller requested to remove Item No. 8.4.
Director Lindsey made a motion, seconded by Director Jones, to approve the
remainder of the Consent Calendar. Motion carried 4-0-0-1 on a roll call vote with
Director Hawkins absent.
8.1. Minutes of the Board of Directors Special and Regular Meetings Held
February 8, 2022
Recommendation: That the Board of Directors approve the minutes as
presented.
8.2. Re -Authorizing Continuation of Virtual/Teleconference Board Meetings
Recommendation: That the Board of Directors adopt Resolution No. 2022 -
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 could
present imminent risks to the health and safety of attendees; and (4)
continued remote meetings are hereby re -authorized for the period of March
8, 2022, through April 7, 2022, pursuant to California Government Code
Section 54953(e).
Minutes of the YLWD Board of Directors Regular Meeting Held March 8, 2022 at 6:30 p.m. 2
Page 35 of 191
2022 -XXX
8.5. Cash and Investment Report for the Period Ending January 31, 2022
Recommendation: That the Board of Directors receive and file the Cash
and Investment Report for the Period Ending January 31, 2022.
8.7. Terms and Conditions for Sewer Service with James and Lisa Francese
Recommendation: That the Board of Directors approve the Terms and
Conditions for Sewer Service with James and Lisa Francese, 5771 Highland
Avenue, Yorba Linda, Job No. J -2021-48S.
8.8. Terms and Conditions for Water and Sewer Service with Gonzalo Diaz
Recommendation: That the Board of Directors approve the Terms and
Conditions for Water and Sewer Service with Gonzalo Diaz, 5261 Highland
Avenue, Yorba Linda, Job No. J-2021-18.
8.9. Declaration of Restrictive Covenants with Robin H. Borden
Recommendation: That the Board of Directors authorize the President and
Assistant General Manager to execute a Declaration of Restrictive
Covenants, subject to review as to form by General Counsel, with Robin H.
Borden of 28500 Brush Canyon Drive, Yorba Linda.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION
8.3. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $3,062,097.20.
8.4. Budget to Actual Reports for the Month Ending January 31, 2022
Recommendation: That the Board of Directors receive and file the Budget
to Actual Reports for the Month Ending January 31, 2022.
8.6. Award of Construction Contract for Well 22 Equipping
Recommendation: That the Board of Directors award the Construction
Contract for the Well 22 Equipping to Pascal & Ludwig for $2,215,100.00,
Job No. J-2009-22 #22.
Minutes of the YLWD Board of Directors Regular Meeting Held March 8, 2022 at 6:30 p.m. 3
Page 36 of 191
2022 -XXX
8.10. Quitclaim Deed of 1275 Yorba Linda Blvd
Recommendation: That the Board of Directors authorize the Assistant
General Manager to execute a Quitclaim Deed to abandon a portion of an
existing easement to Penske Automotive Groups' property.
Staff responded to questions from the Board regarding a payment on the check
register, variable costs trends, performance of PARS investments, original cost
estimate for the Well 22 Equipping Project, and the abandonment of a 6 -inch
waterline associated with the quitclaim deed.
Director Jones made a motion, seconded by Director DesRoches, to approve Item
Nos. 8.3., 8.4., 8.6. and 8.10. Motion carried 4-0-0-1 on a roll call vote with Director
Hawkins absent.
9. ACTION CALENDAR
9.1. Independent Audit Services Contract
Staff explained the need for periodically switching auditing firms and
provided an overview of the bid evaluation process, scoring criteria, bid
results, and the District's previous costs for auditing services.
Director Jones made a motion, seconded by Director Lindsey, to authorize
the Assistant General Manager to execute a Professional Services
Agreement for Independent Auditing Services with Lance, Soll & Lunghard,
LLP for a three-year contract with two subsequent one-year options to
Lance, Soll & Lunghard, LLP for an amount not to exceed $176,230. Motion
carried 4-0-0-1 with Director Hawkins absent.
9.2. Periodic Review of Board of Directors' Policies and Procedures Manual
Staff explained the purpose for bringing the manual to the Board for review
and noted some minor revisions may be needed.
Vice President Jones requested Section 10.1(A) be amended to change the
workshop meetings on the fourth Tuesday of each month back to regular
meetings beginning at 6:30 p.m. Discussion touched on keeping the option
to cancel the fourth Tuesday meetings if deemed unnecessary and the need
for adjusting the monetary limits in Section 9.3 as travel -related costs had
increased. Staff will prepare the proposed amendments for review and
potential adoption at the next regular Board meeting.
Minutes of the YLWD Board of Directors Regular Meeting Held March 8, 2022 at 6:30 p.m.
Page 37 of 191
2022 -XXX
9.3. Request for Funding for Santa Ana River Watershed Weather Modification Pilot
Mark Norton, Water Resources & Planning Manager for SAWPA, provided
a brief overview of the pilot program and the agency's request for funding.
MWDOC Director Al Nederhood stated that MWDOC was also considering
this same request, but no decision had been made to date.
Discussion followed regarding the District's current financial condition,
reconsidering the request following successful completion of the pilot
program, and obtaining feedback from other local water agencies before
making a decision. Staff recommended not to participate in the program at
this time.
No action was taken on this item.
9.4. Request for Sponsorship for Santa Ana River Watershed Displays
Staff provided a brief overview of the request for funding and recommended
not to participate at this time.
Mr. Norton also commented on SAWPA's association with the program and
the purpose of the displays.
No action was taken on this item.
10. DISCUSSION ITEMS
10.1. Status of Engineering Activities and PFAS Water Treatment Plant
Staff reviewed the status of projects in the planning/design phase,
bid/award phase, and currently under construction. Staff also reviewed the
construction schedule of the treatment plant, scheduled resin deliveries,
and current water production volumes. Staff then briefed the Board
regarding the status of an emergency water leak repair on Esperanza Road.
11. REPORTS, INFORMATION ITEMS, AND COMMENTS
11.1 Director's Reports
A list of meetings and events attended was included in the agenda packet.
Each of the Directors commented on some of the events they had recently
attended.
Minutes of the YLWD Board of Directors Regular Meeting Held March 8, 2022 at 6:30 p.m.
Page 38 of 191
2022 -XXX
11.2. Assistant General Manager's Report
Assistant General Manager Davert reported the District had once again
received the Distinguished Budgeted Presentation Award from GFOA for
the Fiscal Year 2020-21 budget document. He also reported that
representatives from the Emerald Bay Service District had toured one of the
District's heli -hydrants in preparation for constructing one in their agency's
service area. Additionally, CalFire conducted training at one of the heli -
hydrants, and staff recently attended the swearing-in ceremony for the new
Placentia police and fire chiefs.
Discussion followed regarding grant opportunities available to the District
and partnering with the City of Yorba Linda to apply for grants that may
benefit both agencies' service areas. Staff will explore this possibility.
11.3. General Counsel's Report
General Counsel Gagen reported that since the last regular meeting, the
Board had accepted the resignation of the District's General Manager.
11.4. Future Agenda Items and Staff Tasks
President Miller requested an agenda item to discuss initiating a process
for staff to notify the Board when project costs are anticipated to exceed the
original estimate by a certain percentage.
Discussion followed regarding project estimates in the quarterly report on
capital improvement projects, identifying emergency projects that are
unbudgeted, and expenses associated with raising valve cans and manhole
covers.
Director DesRoches suggested a separate line item be included in the next
budget to identify unbudgeted emergency repairs. Staff provided some
historical background on the District's reserve funds as related to
emergency repairs.
12. COMMITTEE REPORTS
12.1. Interagency Committee with MWDOC and OCWD
(Miller/Des Roches) - Next meeting will be scheduled when needed.
12.2. Joint Agency Committee with City of Yorba Linda
(Miller/Lindsey) - Next meeting is scheduled for Monday, April 25, 2022 at
4:00 p.m.
Minutes of the YLWD Board of Directors Regular Meeting Held March 8, 2022 at 6:30 p.m.
Page 39 of 191
2022 -XXX
12.3. Joint Agency Committee with City of Placentia
(Jones/Lindsey) - Next meeting will be scheduled when needed.
13. BOARD OF DIRECTORS ACTIVITY CALENDAR
13.1. Meetings from March 9 — April 30, 2022
14. ADJOURNMENT
14.1. Director Lindsey made a motion, seconded by Director Jones, to adjourn
the meeting at 8:36 p.m. Motion passed 4-0-0-1 on a roll call vote with
Director Hawkins absent.
Annie Alexander
Board Secretary
Minutes of the YLWD Board of Directors Regular Meeting Held March 8, 2022 at 6:30 p.m. 7
Page 40 of 191
ITEM NO. 8.3.
Yorba Linda
Water District
/_[r]=1►1I7_\V=1161AI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager / Interim 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. 2022 -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 could present imminent risks to the
health and safety of attendees; and (4) continued remote meetings are hereby re -authorized
for the period of April 12, 2022, through May 12, 2022, 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 could 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 to reconsider and make a determination that as
a result of the ongoing COVID-19 emergency, meeting in person could 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, COVID-19 variants, especially
Omicron and Delta, continue to spread throughout the Orange County community. The Center
for Disease Control and Prevention indicates that the Omicron and Delta variants are highly
transmissible and continues to recommend wearing masks in public and in indoor settings. For
Page 41 of 191
these reasons, staff recommends that the District continue to hold Board meetings remotely
by 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:
Resolution No. 2022 -XX - Continuation of Virtual Meetings
Page 42 of 191
RESOLUTION NO. 2022 -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 COVID-19 outbreak in the State
of California, the Governor issued a number of executive orders aimed at
controlling the spread and mitigating the effects of COVID-19.
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 could 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 could present imminent risks to the health
and safety of attendees.
WHEREAS, the Board of Directors previously adopted Resolution No. 2022-05 on March
22, 2022, 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).
Resolution No. 2022 -XX Re -Authorizing Virtual Board Meetings Pursuant to AB 361
Page 43 of 191
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 12th day of April 2022 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
J. Wayne Miller, PhD., 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
Resolution No. 2022 -XX Re -Authorizing Virtual Board Meetings Pursuant to AB 361 2
Page 44 of 191
ITEM NO. 8.4.
Yorba Linda
Water District
/_[r]=1►1I7_\V=1161AI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager / Interim General
Manager
STAFF CONTACTS: Alison Martin, Public Affairs Manager
SUBJECT: Communications Activities Monthly Report
RECOMMENDATION:
That the Board of Directors receive and file the Communications Activities Report for the
month ending March 31, 2022.
STRATEGIC PLAN INITIATIVES:
G1 5D - Engage public to address issues with their representatives and maintain community
partnerships with cities and organizations.; and G4 1A - Provide timely communication,
messaging, and strategies.
ATTACHMENTS:
1. Monthly Activities Report
2. PFAS Water Treatment Plant Coverage Report
Page 45 of 191
.v
Communications AB
discover your voice
March Activity Report
TO: Alison Martin, Public Affairs Manager, PIO, Yorba Linda Water District
FROM: Diego Teran, Sr. Account Manager, Communications LAB
DATE: Mar. 31, 2022
RE: Current communication's projects
Below are highlights of current Communications Lab projects for Yorba Linda Water District:
0 Social Media
a) Social media (Facebook, Instagram and Twitter) calendars for Mar. 15 - May 15 approved.
May - July calendar copy will be submitted on Apr. 8.
Next steps: "Women in Water" assets provided by client will be used in the next calendar.
b) The agency created new highlight icons in client's approved categories for Instagram feed.
Next steps: Send graphics for approval on the 4th week of Feb. 2022.
c) On Mar. 16, agency sent a budget workshop meetings email blast on Constant Contact to
lists provided by client.
0 Graphic Design
a) The agency is working on the design of invitations for the PFAS Plant Dedication.
Next steps: Agency to provide online invitation designs for review on first week of April.
b) Agency forwarded decorative pages for annual financial report on Mar. 29.
Next steps: Populate document as copy is provided by client.
c) Agency provided a redesigned square-shaped logo for client to fix errors in the original
files.
Other
a) The agency edited the punch list for the Planning ceremony of the PFAS facility on May. 23.
Next steps: agency to visit plant to map ceremony in April.
b) On Mar. 31, the agency forwarded the client a video that shows the value of water, in
anticipation of water rate increase for users.
701 e chapman ave. orange, ca 92866
www.communicationsiab.com Page 46 of 191
Yorba Linda
Water District
SERVING THE COMMUNITY SINCE 1909
MEMORANDUM
To: Board of Directors
From: Alison Martin, Public Affairs Manager
Subject: PFAS Water Treatment Plant Coverage Report
Date: March 30, 2022
American Society of Civil Engineers - Orange County
The District and Orange County water District are receiving two awards for the
PFAS Water Treatment Plant from the American Society of Civil Engineers,
Orange County Branch (ASCE OC).
• Outstanding Water Project
• Project of the Year
American Water Works Association
California utilities battle PFAS with new ion treatment plant
On March 23, 2022, the American Water Works Association published an article
about California Utilities battling PFAS. The District's treatment plant was the
feature.
Read the Article
PO Box 309, Yorba Linda CA 92885 714-701-3000 www.ylwd.com
J. Wayne Miller, PhD Brooke Jones Trudi Kew DesRoches Phillip D. Hawkins Tom Lindsey
President Vice President Director Director Director
Page 47 of 191
ITEM NO. 8.5.
Yorba Linda
Water District
/_[r]=1►1I7_\V=1161AI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager / Interim General
Manager
STAFF CONTACTS: Alison Martin, Public Affairs Manager
SUBJECT: Positions on State Legislation
RECOMMENDATION:
That the Board of Directors take the following positions on these bills:
• AB 2041
• AB 2142
• AB 2536
• AB 2647
• SB 991:
• SB 1157
SUMMARY:
Support
Support
Oppose Unless Amended
Support
Support
Oppose Unless Amended
AB 2041 (Garcia, Eduardo D) California Safe Drinking Water Act: primary drinking water
standards: compliance.
Read Full Bill Text
Staff Recommendation: Support
This bill would require the state board to grant public water systems a designated compliance
period if the board adopts a primary drinking water standard. The compliance period would
consider the time needed to install necessary measures to comply with the primary drinking
water standard without being held in violation of the primary drinking water standard, including
installing water treatment systems. It would also require the board to develop a financial plan
to assist public water systems that will require financial assistance in procuring and installing
the necessary measures.
ACWA Position: Watch
OCWD Position: Support
Page 48 of 191
AB 2142 (Gabriel D) Income Taxes: Exclusion: Turf Replacement Rebate Program.
Read Full Bill Text
Staff Recommendation: Support
California law already permanently exempts rebates for water -efficient toilets and clothes
washers, certain plumbing for recycled water, and energy conservation from personal and
corporate taxes. AB 2142 would reinstate the exemption for turf rebates, which sunset in
2019. Customer rebates are a proven, cost-effective tool for reducing water use and
promoting water conservation as a "California way of life."
ACWA Position: Support
AB 2536 (Grayson D) Development fees: connection fees and capacity charges:
studies.
Read Full Bill Text
Staff Recommendation: Oppose Unless Amended
The Mitigation Fee Act (MFA) requires a local agency that establishes, increases, or imposes
a fee as a condition of approval of a development project to, among other things, determine a
reasonable relationship between the fee's use and the type of development project on which
the fee is imposed. For water and sewer connection fees and capacity charges, the MFA
requires that the fees not exceed the estimated reasonable cost of providing the service for
which the fee is imposed. In addition, existing law requires a local agency conducting an
impact fee nexus study to follow specific standards and practices and hold at least one open
and public meeting before levying or adopting a new fee or service charge.
The bill would require agencies to adopt a study before adopting a connection or capacity fee.
While conducting a fee study before adopting or increasing connection/capacity fees is
industry practice, agencies do not adopt these studies. Instead, studies are evidence board
members use to inform decisions on increasing or adopting new fees.
The bill would require agencies to review assumptions of studies supporting previous fees and
evaluate the amount of fees collected when increasing a fee. However, the purpose of this
provision is unclear and could benefit from additional clarity.
The bill would require connection and capacity fees to meet the requirements of subdivision
(a) of Section 66001. Connection and capacity fees are exempt from this section under
existing law because it applies specifically to fees assessed on the condition of approval of the
development. Water and sewer agencies do not have land -use authority, so their fees are not
assessed in this way. Instead, they are typically adopted before new development
construction and assessed upon receiving an application for a new service connection. The
author's office has informed ACWA staff they intend to remove this provision.
According to the author, the bill intends to ensure transparency and accountability for
connection and capacity fees. The author's office has shown a willingness to work with ACWA
on amendments to this bill.
ACWA Position: Oppose Unless Amended
Page 49 of 191
AB 2647 (Levine D) Local government: open meetings.
Read Full Bill Text
Staff Recommendation: Support
The Brown Act requires the legislative body of a local agency to make agendas of public
meetings and other writings distributed to the members of the governing board disclosable
public records, with certain exceptions. Current law requires a local agency to make those
writings available for public inspection at a public office or location that the agency designates.
Instead, this bill would require a local agency to make those writings available for public
inspection at a public office or location or post the writings on the local agency's website in a
position and manner that clarifies that the writing relates to an agenda item of an upcoming
meeting.
ACWA Staff Recommendation: Favor
SB 991 (Newman D) Public contracts: progressive design -build: local agencies.
Read Full Bill Text
Staff Recommendation: Support
This bill would authorize local agencies that provide for the production, storage, supply,
treatment, or distribution of any water from any source, to use the progressive design -build
process for public works projects in excess of $5,000,000. This bill does not mandate the use
of Progressive Design Build. It simply gives agencies another option.
ACWA Position: Favor
SB 1157 (Hertzberg D) Urban Water Use Objectives: Indoor Residential Water Use.
Read Full Bill Text
Staff Recommendation: Oppose Unless Amended
Existing law established Indoor Water Use standards (in the chart below). It requires the
Department of Water Resources (DWR) to conduct studies and recommend updating for
indoor residential water use standards in coordination with the State Water Resources Control
Board (State Water Board).
SB 1157 bill would reduce the indoor residential water use standards to the standards (in the
chart below) recommended by DWR and the State Water Board.
Time Frame Existing SB 1157
Law
Until 1/1/2025 55 GPCD 55 GPCD
1/1/2025 — 1/1/2030 52.5 GPCD 47 GPCD
After 1/1/2030 50 GPCD 42 GPCD
SB 1157 was introduced with the same language amended into Friedman's AB 1434 in early
January. (YLWD Position: Oppose)
Page 50 of 191
Staff in the Senator's office have expressed a willingness to work with ACWA and other
stakeholders on the issue.
ACWA Position: Oppose Unless Amended
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.
1:21:7If] :AN:1111A%1►11i *7_1NI7_TOIEel kiA
The Board of Directors adopted a Legislative Platform on December 14, 2021.
STRATEGIC PLAN INITIATIVES:
Goal 1, Initiative 5: Monitor emerging water quality and sewer issues and regulations. B.
Actively participate with existing water/sewer organizations (Association of California Water
Agencies, American Water Works Association, California Association of Sanitation Agencies,
etc.) on regulatory and emerging issues; D. Engage public to address issues with their
representatives and maintain community partnerships with cities and organizations; E. Take
on leadership role with industry committees.
Goal 4, Initiative 2: Public Awareness. D. Communicate emerging water quality and sewer
issues/regulations.
I_'%ir_T91:ILY, 14011&1
YLWD 2022 Legislative Platform
Page 51 of 191
YL
W
i
i
CONTENTS
Contents.....................................................................................................1
Purpose......................................................................................................2
Process....................................................................................................... 3
GuidingPrinciples.......................................................................................4
Legislative Positions...................................................................................5
WaterSupply........................................................................................... 5
WaterQuality...........................................................................................5
Water Use Efficiency...............................................................................6
Environment............................................................................................6
Energy..................................................................................................... 7
Fiscal....................................................................................................... 7
LocalControl...........................................................................................8
Other.......................................................................................................8
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.
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.
GUIDING PRINCIPLES
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.
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.
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
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 that encourages, funds, and maintains water recycling
systems like the Ground Water Replenishment System that is managed by
Orange County Water District.
• 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.
LEGISLATIVE POSITIONS
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.
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.
LEGISLATIVE POSITIONS
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.
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.
LEGISLATIVE POSITIONS
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 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.
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.
ITEM NO. 8.6.
Yorba Linda
Water District
/_[r]=1►1I7_\V=1161AI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant 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
$3,448,048.76.
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 $769,798.51 to MWDOC for January 2022 water purchases; a wire of
$404.39 to So. California Edison Co. for February 2022 electricity charges at multiple
locations; a wire of $72,995.91 to So. California Gas Co. for February 2022 gas charges at
multiple locations; a wire of $637.00 to Switch for the remote data hosting co -location; a check
of $131,197.02 to ACWA JPIA for April 2022 medical and dental premiums; a check of
$46,637.40 to Excel Paving Company for J-2020-61 Grandview and Ridge Way waterline
improvement.
Additionally: a wire of $60,861.82 to So. California Edison Co. for February 2022 electricity
charges at multiple locations; a wire of $116,743.30 to US Bank for 2012A interest expense; a
wire of $587,021.62 to US Bank for 2017A interest expense; a wire of $4,987.92 to Bank of
America for March 2022 interest accrual payment; a check of $43,256.91 to All American
Asphalt for J -2020-59S manhole adjustments; a check of $49,937.51 to Aqua -Metric Sales for
J-2019-52 meter replacement program; and a check of $55,219.61 to Paulus Engineering Inc.
for an emergency repair on Esperanza Rd.
The balance of $537,029.09 is routine invoices.
The Accounts Payable check register total is $2,476,728.01, Payroll No. 5 total is
$316,560.63, Payroll No. 6 total is $320,327.63, and Payroll No. 7 total is $334,432.49; where
total disbursements for this agenda report is $3,448,048.76. A summary of the
disbursements is attached.
Page 61 of 191
ATTACHMENTS:
1. Cap Sheet for April 12, 2022
2. Check Register for March 22, 2022
3. Check Register for April 12, 2022
4. Credit Card for April 12, 2022
5. BOD Credit Card for April 12, 2022
Page 62 of 191
Summary of Disbursements
April 12, 2022
CHECK NUMBERS:
3/22/2022
Computer Checks 79633-79715
$
419,470.98
4/12/2022
Computer Checks 79716-79797
Third Party Checks 7706-7710
443,806.56
$ 316,560.63
$
863,277.54
WIRES:
W031022
Southern Calif Edison Co
$
404.39
W031522
MWDOC
769,798.51
W031722
Southern Calif Gas Co
72,995.91
W031722A
Switch Ltd
637.00
W032422
Southern Calif Edison Co
60,861.82
W032422A
US Bank
116,743.30
W033022
US Bank
587,021.62
W033122
Bank of America
4,987.92
$
1,613,450.47
TOTAL
OF CHECKS & WIRES
$
2,476,728.01
PAYROLL NO. 05:
Direct Deposits
$ 197,231.73
Payroll Taxes
50,444.25
EFT -- CaIPERS
48,150.34
Third Party Checks 7706-7710
20,734.31
$ 316,560.63
PAYROLL NO. 06:
Direct Deposits $ 197,965.62
Payroll Taxes 50,360.90
EFT -- CaIPERS 47,859.73
Third Party Checks 7711-7719 24,141.38
$ 320,327.63
PAYROLL NO. 5A:
Direct Deposits $ 212,568.38
Payroll Taxes 55,415.87
EFT -- CaIPERS 45,673.59
Third Party Checks 7720-7724 20,774.65
$ 334,432.49
TOTAL OF PAYROLLS $ 971,320.75
DISBURSEMENT TOTAL $ 3,448,048.76
----------------------------------------------------------------
----------------------------------------------------------------
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF APRIL 12, 2022
----------------------------------------------------------------
----------------------------------------------------------------
Page 63 of 191
Yorba Linda Water District
Check Register
For Checks Dated: 3/9/2022 thru 3/22/2022
Check No.
Date
Vendor Name
Amount
Description
79633
03/22/2022
LILLIAN COMATOV
1,091.67
CUSTOMER REFUND
79634
03/22/2022
TOM WILKINSON
75.13
CUSTOMER REFUND
79635
03/22/2022
CHRIS QUIHUIZ
635.56
CUSTOMER REFUND
79636
03/22/2022
CRAIG SMITH
57.96
CUSTOMER REFUND
79637
03/22/2022
WENDY HOLMES
72.10
CUSTOMER REFUND
79638
03/22/2022
ELIZABETH LISK
56.46
CUSTOMER REFUND
79639
03/22/2022
GORDON GODEL
45.42
CUSTOMER REFUND
79640
03/22/2022
SAMA DEWAN
991.23
CUSTOMER REFUND
79641
03/22/2022
HQT HOMES
12,596.00
CUSTOMER REFUND
79642
03/22/2022
HEATHER BARCLAY
41.56
CUSTOMER REFUND
79643
03/22/2022
NICOLE DICKERSON
176.10
CUSTOMER REFUND
79644
03/22/2022
OPEN DOOR LABS INC
1,220.46
CUSTOMER REFUND
79645
03/22/2022
ZILLOW HOME INC
55.68
CUSTOMER REFUND
79646
03/22/2022
BOBO HOME INC
84.36
CUSTOMER REFUND
79647
03/22/2022
KRISTA BRADFORD
81.93
CUSTOMER REFUND
79648
03/22/2022
ACWA/JPIA
131,197.02
MEDICAL & DENTAL PREMIUM APRIL 2022
79649
03/22/2022
AGB -American Geophysical Brokerage
4,970.00
SEISMIC CONTROLLER INSPECTION
79650
03/22/2022
All American Asphalt
12,563.49
J20 -59/S MANHOLE & VALVE BOX ADJUSTMENT
79651
03/22/2022
Amazon Capital Services
267.64
SAFETY & ELECTRICAL SUPPLIES
79652
03/22/2022
Aqua -Metric Sales Co.
1,467.35
METER CABLES
79653
03/22/2022
Aramark
591.23
UNIFORM SERVICE
79654
03/22/2022
AT & T - Calnet3
1,450.74
ATT CALNET
79655
03/22/2022
Avalon Nail Bar, Inc.
3,950.00
CUSTOMER REFUND
79656
03/22/2022
BASE HILL INC.
3,587.58
JANITORIAL SERVICES
79657
03/22/2022
Best Drilling and Pump, Inc.
1,947.50
J21-33 DEVELOPER DEPOSIT RETURN
79658
03/22/2022
B.L. Wallace Distributor, Inc.
2,170.30
METER LIDS
79659
03/22/2022
BrightView Tree Care Services Inc.
5,310.40
LANDSCAPE SERVICE & CAMINO DE BRYANT WEED ABATEMENT
79660
03/22/2022
CB Technical
6,315.00
GIS & CMMS IT WORK JANUARY 2022
79661
03/22/2022
Certified Laboratories
802.35
LOK CEASE FOR HYDRANTS
79662
03/22/2022
City Of Placentia
4,329.33
ENCROACHMENT PERMIT & SEWER COLLECTIONS - FEBRUARY 2022
79663
03/22/2022
Griswold Industries dba Cla-Val Co.
1,764.19
CLA VALVE PARTS
79664
03/22/2022
Clinical Lab. Of San Bern.
3,080.00
WATER QUALITY LAB WORK
79665
03/22/2022
Coastline Equipment
853.26
WATER SOFTENER SERVICE & PART FOR UNIT #206
79666
03/22/2022
Codekas Tools & Equipment
114.41
MECHANIC SHOP SUPPLIES
79667
03/22/2022
Cogsdale Services Corporation
14,610.00
DATA ARCHIVING SOFTWARE
79668
03/22/2022
Core Support Resources Inc.
3,858.75
ANNUAL ULTRA SERVICE PLAN RENEWAL
79669
03/22/2022
Culligan of Santa Ana
1,419.55
EQUIPMENT PE SOFTENER
79670
03/22/2022
Dell Financial Services LLC
7,346.05
DELL PRO SUPPORT
79671
03/22/2022
Doane and Hartwig Water Systems, Inc.
1,009.43
CL2 PARTS
79672
03/22/2022
DUKE'S ROOT CONTROL INC
14,412.66
SEWER ROOT CONTROL
79673
03/22/2022
Eisel Enterprises, Inc.
2,243.89
VALVE BOXES & LIDS
79674
03/22/2022
Excel Paving Company
46,637.40
J20-61 GRANDVIEW & RIDGE WAY WATERLINE IMPROVEMENT
79675
03/22/2022
Factory Motor Parts
30.14
MECHANIC SHOP SUPPLIES & PARTS FOR UNIT #176
79676
03/22/2022
FedEx Office
85.54
SHIPPING EXPENSE
79677
03/22/2022
G.M. Sager Construction Co., Inc.
30,510.00
ASPHALT PAVING FOR VARIOUS LOCATIONS
79678
03/22/2022
Grainger
454.82
EYE WASH STATION & PARTS FOR PFAS PLANT
79679
03/22/2022
Haaker Equipment Co.
662.95
BACKUP CAMERA CABLE & PARTS FOR UNIT #210
79680
03/22/2022
Harrington Industrial
258.73
CL2 PARTS
79681
03/22/2022
Heat Transfer Solutions, Inc
7,168.05
J21-42 BOILER PUMP INSTALLATION & TROUBLESHOOT
79682
03/22/2022
Infosend Inc.
2,482.66
BILLING & POSTAGE CUSTOMER BILL
79683
03/22/2022
Inland (Kenworth)
2,213.72
REPAIR FOR UNIT#197
79684
03/22/2022
John R Brundahl III
96.00
CERTIFICATION REIMBURSEMENT- COLLECTIONS 2
79685
03/22/2022
Kidman Gagen Law
26,802.70
LEGAL SERVICES - FEBRUARY 2022
79686
03/22/2022
Liebert Cassidy Whitmore
132.00
PROFESSIONAL SERVICES JANUARY 2022
79687
03/22/2022
Managed Health Network
173.25
EAP - MARCH 2022
79688
03/22/2022
Mario S. Banuelos
500.00
WELDING SERVICES - PFAS PLANT
79689
03/22/2022
Mc Fadden -Dale Hardware
484.81
PRODUCTION & WATER SERVICE TOOLS
79690
03/22/2022
Mc Master -Carr Supply Co.
218.42
PRODUCTION TOOLS & PARTS FOR PFAS PLANT
79691
03/22/2022
Minuteman Press
436.11
J21-175 FOG LAMINATIONS
79692
03/22/2022
Murcal, Inc.
640.52
PARTS FOR WELL#18
79693
03/22/2022
NatPay Online Business Solutions
27.71
DOCULIVERY- FEBRUARY 2022
79694
03/22/2022
Nat'L Water Research Institute
2,500.00
2022 CHILDREN'S WATER EDUCATION FESTIVAL SPONSORSHIP
79695
03/22/2022
Nickey Kard Lock Inc
5,263.48
FUEL 2/16/22-2/28/22
Page 64 of 191
79696
03/22/2022
Office Solutions
79697
03/22/2022
Linde Gas & Equipment Inc.
79698
03/22/2022
P.T.I. Sand & Gravel, Inc.
79699
03/22/2022
QUADIENT LEASING USA INC
79700
03/22/2022
Quinn Company
79701
03/22/2022
Roberto Cuellar
79702
03/22/2022
Security Solutions
79703
03/22/2022
Southern Calif Gas Co.
79704
03/22/2022
Staples Business Advantage
79705
03/22/2022
STEVES PROFESSIONAL GLASS TINTING & AUTO S
79706
03/22/2022
Sunrise Medical Group
79707
03/22/2022
T. E. Roberts, Inc
79708
03/22/2022
Titan Water Technology Inc
79709
03/22/2022
Total Administrative Service Corp (TASC)
79710
03/22/2022
Underground Service Alert
79711
03/22/2022
United Water Works, Inc.
79712
03/22/2022
Veronica Ortega
79713
03/22/2022
YO Fire
79714
03/22/2022
Yorba Linda Chamber
79715
03/22/2022
Kidman Gagen Law
W031022
03/10/2022
Southern Calif Edison Co.
W031522
03/15/2022
Municipal Water District
W031722
03/17/2022
Southern Calif Gas Co.
W031722A
03/17/2022
Switch Ltd
03/03/2022 PAYROLL - EMPLOYEE DIRECT DEPOSIT
03/03/2022 PAYROLL - PAYROLL TAX PAYMENT
03/03/2022 PAYROLL-CALPERS & TASC
7706 03/03/2022 Colonial Life
7707 03/03/2022 Lincoln Financial Group
7708 03/03/2022 Nationwide Retirement Solutions
7709 03/03/2022 CA State Disbursement Unit
7710 03/03/2022 CA State Disbursement Unit
1,627.23 OFFICE SUPPLIES
198.99 WELDING SUPPLIES
1,320.20 ROAD MATERIAL
280.60 LEASE PAYMENT 3/27-6/26
483.86 PARTS FOR WELL #5
283.00 CWEA MEMBERSHIP FEE & CERTIFICATION REIMBURSEMENT- COLLECTIONS 1
1,534.01 LOBBY DOOR SITE LABOR & PARTS
54.00 J21-495 ATLAS SHEETS
594.92 PRINTER & OFFICE SUPPLIES
371.91 GLASS TINTING SERVICE
345.00 EMPLOYEE PHYSICAL
5,362.55 J09-22 DEVELOPER DEPOSIT RETURN
295.00 QUARTERLY SERVICE
594.00 FSA ADMINISTRATION FEES 4/1-6/30
476.55 NEW TICKET CHARGES & CA STATE FEE
3,479.96 OPERATIONS WORK MATERIAL & PFAS PLANT SUPPLIES
104.00 NATIONAL NOTARY ASSOCIATION RENEWAL & FILING FEE
7,026.45 OPERATIONS WORK MATERIAL
1,000.00 EMERGENCY RESPONDERS APPRECIATION EVENT SPONSORSHIP
17,346.00 LEGAL SERVICES - DECEMBER 2021
404.39 ELECTRIC CHARGES - FEBRUARY 2022 VARIOUS LOCATIONS
769,798.51 WATER DELIVERIES - JANUARY 2022
72,995.91 GAS CHARGES - FEBRUARY 2022 VARIOUS LOCATIONS
637.00 DATA HOSTING CO -LOCATION
1,263,306.79
Payroll Checks #05
197,231.73
50,444.25
48,150.34
113.19
4,517.47
15,351.81
366.92
384.92
316,560.63
Page 65 of 191
Yorba Linda Water District
Check Register
For Checks Dated: 3/23/2022thru 4/12/2022
Check No.
Date
Vendor Name
79716
04/12/2022
LAMPPOST PIZZA
79717
04/12/2022
LUCY VICTORIES DURAN
79718
04/12/2022
MADHU PATOLIA
79719
04/12/2022
JOHN PAULLIN
79720
04/12/2022
SMUGGLERS RESTAURANT LLC
79721
04/12/2022
OPEN DOOR LABS INC
79722
04/12/2022
HENKELS & McCOY BU#400054
79723
04/12/2022
SARAH CALDERON
79724
04/12/2022
VERONICA MYERS
79725
04/12/2022
AA INVESTMENT, LLC
79726
04/12/2022
JAY WILLIAMSON
79727
04/12/2022
AIRGAS INC
79728
04/12/2022
Albert A. Webb Associates
79729
04/12/2022
All American Asphalt
79730
04/12/2022
Amazon Capital Services
79731
04/12/2022
Aqua -Metric Sales Co.
79732
04/12/2022
Aramark
79733
04/12/2022
Archie's Towing
79734
04/12/2022
AT & T - Calnet3
79735
04/12/2022
BrightView Tree Care Services Inc.
79736
04/12/2022
CalCard US Bank
79737
04/12/2022
CB Technical
79738
04/12/2022
CIPO CLOUD SOFTWARE INC
79739
04/12/2022
City Of Anaheim - Anaheim Public Utilities
79740
04/12/2022
Clinical Lab. Of San Bern.
79741
04/12/2022
Complete Paperless Solutions
79742
04/12/2022
Dell Financial Services LLC
79743
04/12/2022
Dick's Lock & Safe Inc.
79744
04/12/2022
Discount Tire Centers (Andonian Enterprises Inc.)
79745
04/12/2022
DLT Solutions, LLC.
79746
04/12/2022
Don Wolf & Associates Inc.
79747
04/12/2022
Dean Criske Trucking
79748
04/12/2022
Eisel Enterprises, Inc.
79749
04/12/2022
Enkay Engineering & Equipment Inc
79750
04/12/2022
Enthalpy Analytical, Inc.
79751
04/12/2022
Factory Motor Parts
79752
04/12/2022
Firemaster
79753
04/12/2022
Frontier Foodservice
79754
04/12/2022
Fullerton Paint & Flooring
79755
04/12/2022
Grainger
79756
04/12/2022
Haaker Equipment Co.
79757
04/12/2022
Hach Company
79758
04/12/2022
Hedrick Fire Protection
79759
04/12/2022
Hill Brothers Chemical Co
79760
04/12/2022
Infosend Inc.
79761
04/12/2022
Jackson's Auto Supply - Napa
79762
04/12/2022
Jacqueline Segura
79763
04/12/2022
Kimball Midwest
79764
04/12/2022
Liebert Cassidy Whitmore
79765
04/12/2022
Littlejohn-Reuland Corporation
79766
04/12/2022
Managed Health Network
79767
04/12/2022
Mc Fadden -Dale Hardware
79768
04/12/2022
Mc Master -Carr Supply Co.
79769
04/12/2022
MICHAEL FRAUENTHAL &ASSOCIATESINC
79770
04/12/2022
Murcal, Inc.
79771
04/12/2022
Mood Media
79772
04/12/2022
NATEC International, Inc.
79773
04/12/2022
Nickey Kard Lock Inc
79774
04/12/2022
Office Solutions
79775
04/12/2022
Orange Coast Petroleum Equip.
79776
04/12/2022
Orkin Pest Control
Amount Description
11,595.68 CUSTOMER REFUND
45.47 CUSTOMER REFUND
48.47 CUSTOMER REFUND
225.00 CUSTOMER REFUND
507.81 CUSTOMER REFUND
446.80 CUSTOMER REFUND
181.06 CUSTOMER REFUND
33.54 CUSTOMER REFUND
60.86 CUSTOMER REFUND
442.49 CUSTOMER REFUND
122.68 CUSTOMER REFUND
119.52 WELDING SUPPLIES
2,512.00 J09-22 WELL 22 PROFESSIONAL SERVICES FEBRUARY 2022
43,256.91 J20-595 MANHOLE ADJUSTMENT
292.41 PHONE & COMPUTER SUPPLIES
49,937.51 OPERATIONS WORK MATERIAL
921.72 UNIFORM SERVICE
262.50 TOWING FEE FOR UNIT#175
1,997.08 ATT CALNET
14,994.00 HIGHLAND RESERVOIR TREE SERVICE
31,360.48 CREDIT CARD TRANSACTIONS - FEBRUARY 2022
3,620.00 GIS & CMMS IT WORK JANUARY 2022
475.00 CLOUD MONTHLY SUBSCRIPTION
21,268.23 ELECTRICAL CHARGES FEBRUARY 2022 - VARIOUS LOCATIONS
1,630.00 WATER QUALITY LAB WORK
3,969.87 LASERFICHE SOFTWARE & LICENSES
2,828.50 HARD DRIVES & POWERVAULT EXTENSIONS
1,917.04 REPAIRS FOR MIRALOMA & CL2 BUILDING DOORS
3,012.69 TIRES FOR UNITS #224, 236 & 222
1,805.18 AEC SUBSCRIPTION & LICENSE
2,269.44 TESTO 350 TRAINING & BATTERY
789.86 ROAD MATERIAL
4,145.68 J20-59 VALVE BOXES
900.00 TRANSITE PIPE DISPOSAL
10,670.00 WATER QUALITY TESTING
129.03 PARTS FOR UNIT #157
2,646.83 FIRE EXTINGUISHER MAINTENANCE
10,000.00 J22-08 BUILDING 2 UPGRADES
422.81 MARKING PAINT FOR OPERATIONS
721.38 PRODUCTION & OPERATIONS REPAIR TOOLS
11,559.55 REPAIRS & SUPPLIES FOR SEWER CAMERA
382.63 WATER QUALITY WORK MATERIALS
550.00 5 YEAR SPRINKLER INSPECTION
328.59 CL2 CHEMICALS
11,144.83 BILLING & POSTAGE CUSTOMER BILL
541.15 MECHANIC SHOP SUPPLIES
56.98 MILEAGE REIMBURSEMENT
576.74 MECHANIC SHOP SUPPLIES
718.00 PROFESSIONAL SERVICES FEBRUARY 2022
3,838.17 GREEN CREST STATION PUMP REPAIR
175.50 EAP - APRIL 2022
969.60 PRODUCTION & WATER SERVICE TOOLS
560.86 PRODUCTION REPAIR MATERIALS
500.00 J21-02 LA PALMA APPRAISAL
624.40 STATIONARY ENGINE PARTS
638.57 CUSTOMER MESSAGE/PHONE SERVICE RENEWAL
2,550.00 CRANE TRAINING
11,603.83 FUEL 3/l/22-3/15/22
218.77 OFFICE SUPPLIES
1,675.52 MECHANIC SHOP EQUIPMENT
358.00 PEST CONTROL
Page 66 of 191
79777
04/12/2022
Paulus Engineering Inc.
79778
04/12/2022
Plumbers Depot Inc.
79779
04/12/2022
Linde Gas & Equipment Inc.
79780
04/12/2022
Psomas & Associates
79781
04/12/2022
P.T.I. Sand & Gravel, Inc.
79782
04/12/2022
Raftelis Financial Consultants, Inc.
79783
04/12/2022
Resource Computer Solutions
79784
04/12/2022
Safelite Autoglass
79785
04/12/2022
Shred Confidential, Inc.
79786
04/12/2022
Siemens Industry
79787
04/12/2022
Southern California Water Coalition
79788
04/12/2022
Staples Business Advantage
79789
04/12/2022
Townsend Public Affairs, Inc.
79790
04/12/2022
United Industries
79791
04/12/2022
UNUM Life Insurance Co. of America
79792
04/12/2022
USA Blue Book
79793
04/12/2022
WattLogic, LLC
79794
04/12/2022
United Water Works, Inc.
79795
04/12/2022
Vision Service Plan
79796
04/12/2022
YO Fire
79797
04/12/2022
Konica Minolta Business
W032422
03/24/2022
Southern Calif Edison Co.
W032422A
03/24/2022
U S Bank
W033022
03/30/2022
U S Bank
W033122
03/31/2022
Bank Of America
03/17/2022 PAYROLL- EMPLOYEE DIRECT DEPOSIT
03/17/2022 PAYROLL -PAYROLL TAX PAYMENT
03/17/2022 PAYROLL - CALPERS & TASC
7711 03/17/2022 Colonial Life
7712 03/17/2022 Lincoln Financial Group
7713 03/17/2022 Nationwide Retirement Solutions
7714 03/17/2022 CA State Disbursement Unit
7715 03/17/2022 CA State Disbursement Unit
7716 03/17/2022 Allstate
7717 03/17/2022 Midland
7718 03/17/2022 Reliance
7719 03/17/2022 Ameritas
03/31/2022 PAYROLL- EMPLOYEE DIRECT DEPOSIT
03/31/2022 PAYROLL -PAYROLL TAX PAYMENT
03/31/2022 PAYROLL - CALPERS & TASC
7720 03/31/2022 Colonial Life
7721 03/31/2022 Lincoln Financial Group
7722 03/31/2022 Nationwide Retirement Solutions
7723 03/31/2022 CA State Disbursement Unit
7724 03/31/2022 CA State Disbursement Unit
55,219.61 ESPERANZA EMERGENCY REPAIR
401.10 SEWER CLEANING TOOLS
182.34 WELDING SUPPLIES
26,843.75 J21-02 & J21-36 PROFESSIONAL SERVICES
2,747.29 ROAD MATERIAL
922.50 PROFESSIONAL SERVICES FEBRUARY 2022
20,661.25 IT CONSULTING 3/15/22-4/14/22
394.38 WINDOW REPAIR FOR UNIT#175
63.00 MONTHLY SHRED SERVICE
4,352.94 SCADA MATERIALS
1,000.00 2022 MEMBERSHIP DUES
246.16 PRINTER SUPPLIES
2,500.00 CONSULTING SERVICES - MARCH 2022
766.38 OPERATIONS PPE
JANUARY & FEBRUARY 2022
4,846.21 LIFE,AD&D,STD<D-APRIL 2022
5,253.38 LEAK DETECTION EQUIPMENT
7,351.85 LIGHTING REPAIR PARTS FOR FACILITIES
17,153.22 OPERATIONS WORK MATERIAL
2,563.86 VISION SERVICE PLAN -APRIL 2022
4,853.06 OPERATIONS WORK MATERIAL
3,327.06 COPY CHARGES FOR C258 & C558
60,861.82 ELECTRICITY CHARGES - FEBRUARY 2022 VARIOUS LOCATIONS
116,743.30 2012A INTEREST EXPENSE
587,021.62 2017A INTEREST EXPENSE
4,987.92 INTEREST ON BOA LOC - MARCH 2022
1,213,421.22
Payroll Checks #06
197,965.62
50,360.90
47,859.73
113.19
4,525.55
15,356.77
366.92
384.92
1,180.33
200.00
54.55
1,959.15
320,327.63
Payroll Checks #07
212,568.38
55,415.87
45,673.59
113.19
4,545.55
15,364.07
366.92
384.92
334,432.49
Page 67 of 191
12 -Apr -22
Cal Card Credit Card
U S Bank
Vendor Name
Amount
Description
Home Depot
48.46
APRONS FOR SEWER CREW
Home Depot
55.92
BOX CANYON ROOF REPAIR MATERIAL
Home Depot
42.51
LUMBER FOR REPAIRS
Stater Bros. Markets
8.99
OFFICE SUPPLIES
Verizon Wireless
4,452.82
VERIZON 12/21-01/20
United Rentals
231.21
CONCRETE & MIXER RENTAL
Farmer Boys
50.16
FOOD FOR STAFF WORKING OT
Amazon Capital Services
18.98
REDACTING TAPE
Beto's Auto Body & Paint
1,000.00
ROOF REPAIRS FOR UNIT #175
Home Depot
22.62
BATTERIES FOR PRESSURE LOGGER
HABIT BURGER GRILL
21.69
LUNCH MEETING - 2 ATTEND
Home Depot
47.38
TOOL KIT FOR RECORDS
Liebert Cassidy Whitmore
100.00
SUPPLEMENTAL PAID SICK LEAVE WEBINAR
Discount Movers, Inc
760.00
SERVICE DEPOSIT
Home Depot
36.67
FACILITIES ELECTRICAL SUPPLIES
Lands End
175.05
YLWD JACKETS FOR BOARD MEMBERS
Home Depot
293.09
FACILITIES PAINTING SUPPLIES
Time Warner Cable
660.78
INTERNET & DISTRICT TV SERVICES
Republic Services #676
608.67
DISPOSAL SERVICE
ONLINE Information Services, Inc.
469.06
ONLINE UTILITY EXCHANGE & COLLECTION
Town and Country Resort
0.01
TRAVEL EXPENSE - CSMFO CONFERENCE - LUGO, D
Donut Star
28.35
SAFETY MEETING SUPPLIES
USC Foundation for Cross -Connection Control and
120.00
BACKFLOW PREVENTION WEBINAR - MALDONADO, R
Home Depot
107.72
LADDER FOR PRODUCTION
Home Depot
107.72
LADDER FOR PFAS PLANT
SSL Guru
50.00
FIREWALL CERTIFICATE
Pacific Urgent Care Center
330.00
J20-15 TESTING EXPENSE
Creative Safety Supply, LLC
562.46
RIBBON & LABELS FOR PRINTER
SMARTSHEET
19.00
MONTHLY SOFTWARE SUBSCRIPTION
ZOOM
84.97
VIRTUAL MEETING SUBSCRIPTION
Farmer Boys
23.68
FOOD FOR STAFF WORKING OT
Adobe
52.99
SOFTWARE LICENSE
Guitar Center
78.64
ELECTRICAL SUPPLIES FOR BOARD ROOM
Home Depot
27.95
BOX CANYON ROOF REPAIR MATERIAL
Alternative Hose Inc.
146.94
PRESSURE HOSES FOR UNIT #168
Village Nurseries
100.64
PLANTS FOR LANDSCAPE REPAIR
Titan Fittings
236.86
PRODUCTION WORK MATERIALS
Municipal Water District
100.00
MWDOC POLICY FORUM REGISTRATION - COLVIN, T
Calif Water Environ Assn (CWEA)
490.00
COLLECTIONS 2 TRAINING - 7 ATTEND
ANSI
200.00
TECHNICAL PUBLICATION FOR RECORDS
AWWA - CA -NV Section
549.00
AWWA CONFERENCE REGISTRATION - MARTIN, A
AWWA - CA -NV Section
549.00
AWWA CONFERENCE REGISTRATION -JONES, B
CALIFORNIA SECRETARY OF STATE
5.00
PUBLIC FINANCING CORPORATION STATEMENT FILING
AWWA - CA -NV Section
549.00
AWWA CONFERENCE REGISTRATION - DAVERT, D
AWWA - CA -NV Section
549.00
AWWA CONFERENCE REGISTRATION - LOGSDON, D
AWWA - CA -NV Section
549.00
AWWA CONFERENCE REGISTRATION - AFSHAR, R
AWWA - CA -NV Section
549.00
AWWA CONFERENCE REGISTRATION - WESTON, R
Time Warner Cable
233.06
INTERNET & DISTRICT TV SERVICES
Time Warner Cable
2,039.39
INTERNET & DISTRICT TV SERVICES
Time Warner Cable
227.34
INTERNET & DISTRICT TV SERVICES
Home Depot
282.33
BOOM LIFT RENTAL
Home Depot
255.85
LIGHTING REPAIR MATERIALS
Board & Brew
34.91
FOOD FOR STAFF WORKING OT
Alea Cafe
38.22
FOOD FOR STAFF WORKING OT
Nexa Receptionists, LLC
1,188.68
AFTER HOURS PHONE SERVICE
Disneyland Hotel
20.00
PARMA CONFERENCE PARKING - KNIGHT, G
Disneyland Hotel
20.00
PARMA CONFERENCE PARKING - SEGURA, J
Beto's Auto Body & Paint
330.71
ROOF REPAIRS FOR UNIT #175
Home Depot
80.14
FACILITIES REPAIR TOOLS
Del Taco
24.21
FOOD FOR STAFF WORKING OT
Garden Gate Florist
64.64
OFFICE EXPENSE
Disneyland Hotel
20.00
PARMA CONFERENCE PARKING - KNIGHT, G
Naples
26.94
PARMA CONFERENCE LUNCH - 2 ATTEND
Page 68 of 191
BACKGROUNDS ONLINE
171.53
NEW HIRE BACKGROUND CHECKS
Disneyland Hotel
20.00
PARMA CONFERENCE PARKING - SEGURA, J
91 Express Lanes
30.00
EXPRESS LANE ACCOUNT REPLENISHMENT
Home Depot
34.92
BOX CANYON ROOF REPAIR MATERIAL
Harrington Industrial
168.75
CAR WASH REPAIR PARTS
Home Depot
49.45
CAR WASH REPAIR PARTS
SSL Guru
179.00
FIREWALL CERTIFICATE
The Ranch Enchilada
38.38
LUNCH MEETING - 2 ATTEND
Sake Sushi and Grill
51.57
PARMA CONFERENCE LUNCH - 2 ATTEND
Victory Lock Control Inc
43.05
KEY COPIES FOR ATWOOD GATE
L&P Automotive Paint & Supply
40.43
ROOF REPAIRS FOR UNIT #175
Home Depot
62.48
CAR WASH REPAIR PARTS
Mc Fadden -Dale Hardware
8.19
PLUMBING SUPPLIES
Everblooming Floral & Gift
113.07
OFFICE EXPENSE
ARMA International
25.00
ARMA CONFERENCE REGISTRATION - ARAMBARRI, T
Lamp Post Pizza
88.79
LUNCH MEETING - 7 ATTEND
Costco
49.98
BREAKROOM SUPPLIES
Citrus City Grille
68.27
LUNCH MEETING - 2 ATTEND
Donut Star
41.00
SAFETY MEETING SUPPLIES
Home Depot
24.98
ADMINISTRATION BUILDING REPAIR PARTS
Home Depot
47.39
WATER HEATER REPAIR PARTS
LPR-Laser Printer Repair Co
1,049.97
GIS PRINTER REPAIRS
Home Depot
140.81
ELK MOUNTAIN GATE & MECHANIC SHOP PARTS
Home Depot
327.75
ELK MOUNTAIN GATE & MECHANIC SHOP PARTS
Hirsch Pipe
2,715.90
WATER HEATER FOR ADMINISTRATION BUILDING
Home Depot
54.89
CUTTING BLADES
Calif Special Districts Assn
225.00
SDLA CONFERENCE REGISTRATION - DECRISCIO, J
Calif Special Districts Assn
225.00
SDLA CONFERENCE REGISTRATION - DAVERT, D
O'Neil Storage
30.00
WEIGHING FOR UNIT #220
Alternative Hose Inc.
70.11
PRESSURE HOSES FOR UNIT #210
Home Depot
15.04
FIRE EXTINGUISHER HANDLE
Lamp Post Pizza
155.16
CWEA MEETING SUPPLIES
Hirsch Pipe
66.95
PLUMBING SUPPLIES
Home Depot
38.76
WATER HEATER REPAIR PARTS
City Of Anaheim - Anaheim Public Utilities
530.00
J21-02 ENCROACHMENT PERMIT
APPLE
0.99
ADDITIONAL CLOUD STORAGE
Santa Monica Express, Inc
59.50
COURIER SERVICE
Dropbox Inc.
119.88
ANNUAL SUBSCRIPTION
Verizon Wireless
4,021.13
VERIZON 01/21-02/20
31,360.48
Page 69 of 191
12 -Apr -22
Cal Card Credit Card
Board of Directors
Vendor Name _� Document Amount Description _
Brooke Jones AWWA - CA -NV Section 549.00 AWWA CONFERENCE REGISTRATION -JONES, B
Tom Lindsey The Ranch Enchilada 38.38 LUNCH MEETING - 2 ATTEND
587.38
Page 70 of 191
ITEM NO. 8.7.
Yorba Linda
Water District
/_[r]=1►1I7_'sV=1161AI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager / Interim General
Manager
STAFF CONTACTS: Delia Lugo, Finance Manager
Kelly McCann, Senior Accountant
SUBJECT: Budget to Actual Reports for the Month Ending February 28, 2022
RECOMMENDATION:
That the Board of Directors receive and file the Budget to Actual Reports for the Month Ending
February 28, 2022.
:(r]:191110103
Presented are the Budget to Actual Reports for the Month Ending February 28, 2022 for the
District. For the month ending February 28, 2022, staff is presenting Budget to Actual Reports
for the District as a whole, as well as the individual water and sewer funds.
Cumulative Volumetric Water Revenue, as reported for the month ending February 28, 2022,
reflects an average decrease of 10.11 % as compared to the prior year for the same reporting
period. Landscape customer connections had the highest decrease in consumption sales of
14.63% as compared to reported results from the prior year.
Total Variable Costs results, as reported through the month ending February 28, 2022, reflect
a 45.94% increase when compared to prior year for the same reporting period. The increase
in costs is predominantly reflective of the increase in import water purchases.
STRATEGIC PLAN INITIATIVES:
G2 3B — Regularly assess net position and steps to meet strategic goals.
ATTACHMENTS:
Finance Reports and Graphs for February 2022
Page 71 of 191
Yorba Linda Water District
Water Enterprise
FY21 ProForma - Use of Funds
February 2022
Page 72 of 191
FY22 Annual
YTD Actuals thru
YTD % of
Budget
February 2022
Budget
Water Revenue (Residential)
$
15,834,595
$ 10,048,306
63.46%
Water Revenue (Commercial & Fire Det.)
1,555,486
1,106,289
71.12%
Water Revenue (Landscape/Irrigation)
3,782,756
2,628,752
69.49%
Service Charges
13,412,193
8,851,993
66.00%
PFAS Impact Fee
894,116
889,401
99.47%
Other Operating Revenue
771,723
634,217
82.18%
Total Operating Revenue
36,250,869
24,158,958
66.64%
Revenue (Non -Operating):
Interest
240,000
45,408
18.92%
Property Taxes
2,025,000
1,228,441
60.66%
Property Taxes - CFC Charges
2,985,028
1,856,801
62.20%
Other Non -Operating Revenue
591,046
289,319
48.95%
Total Non -Operating Revenue
5,841,074
3,419,969
58.55%
Total Revenue
$
42,091,943
$ 27,578,927
65.52%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)
Water -Related Costs
$
18,147,954
$ 14,765,463
81.36%
Fixed Costs
1,426,078
655,943
46.00%
Power -Related Costs
1,755,798
480,062
27.34%
Variable Water Costs Related Expenses Total
21,329,830
15,901,468
74.55%
Salary Related Expenses
10,467,250
6,227,767
59.50%
Reduction for Capital Project Labor
(344,250)
(217,353)
63.14%
Salary Related Expenses Total
10,123,000
6,010,414
59.37%
Supplies & Services
Communications
139,402
72,080
51.71%
Contractual Services
584,405
343,101
58.71%
Data Processing
303,500
132,148
43.54%
Dues & Memberships
82,295
70,205
85.31%
Fees & Permits
339,889
264,004
77.67%
Insurance
263,500
161,819
61.41%
Materials
702,120
462,790
65.91%
District Activities, Emp Recognition
45,026
19,553
43.43%
Maintenance
768,630
648,341
84.35%
Non -Capital Equipment
128,208
68,637
53.54%
Office Expense
37,821
22,419
59.28%
Professional Services
1,510,723
552,553
36.58%
Training
61,277
17,194
28.06%
Travel & Conferences
79,511
10,660
13.41%
Uncollectible Accounts
8,330
5,464
65.59%
Utilities
169,150
108,861
64.36%
Vehicle Expenses
302,770
222,936
73.63%
Supplies & Services Sub -Total
5,526,557
3,182,765
57.59%
Total Operating Expenses
36,979,387
25,094,647
67.86%
Expenses (Non -Operating)
Other Expense
7,665
9,929
129.54%
Total Non -Operating Expenses
7,665
9,929
129.54%
Total Expenses
$
36,987,052
$ 25,104,576
67.87%
Net Revenues
5,104,891
2,474,351
48.47%
Less: Debt Service (Principal & Interest)
2,728,919
2,056,710
75.37%
Transfer to/(from) Reserves
2,375,972
417,641
17.58%
Net Total
$
-
$ -
Page 72 of 191
Revenue (Operating):
Water Revenue (Residential)
Water Revenue (Commercial & Fire Det.)
Water Revenue (Landscape/Irrigation)
Water Revenue (Service Charge)
Water Revenue (PFAS Impact Fee)
Sewer Charge Revenue
Locke Ranch Assessments
Other Operating Revenue
Total Operating Revenue:
Revenue (Non -Operating):
Interest
Property Tax
Property Taxes - CFC Charges
Other Non -Operating Revenue
Total Non -Operating Revenue:
Total Revenue
Expenses (Operating):
Variable Water Costs (G.W., Import & Powei
Salary Related Expenses
Supplies & Services
Total Operating Expenses
Expenses (Non -Operating):
Interest on Long Term Debt
Other Expense
Total Non -Operating Expenses:
Total Expenses
Yorba Linda Water District
Summary Financial Report
Water & Sewer Funds
For Period Ending February 28, 2022
(With February 28, 2021 for comparison purposes)
Annual YTD Feb YTD YTD Actual Prior Year Prior Year YTD Actual YTD Actual
Budget Budget Actual Actual (Under) Over Feb Actual Actual (thru vs vs
FY22 FY22 FY22 FY22 YTD Budget FY21 Feb 2021) PY Actual $ PY Actual %
$15,834,595
$10,590,177
$ 1,215,815
$10,048,306 $
(541,871)
$965,175 $11,317,769
(1,269,463)
-11.22%
1,555,486
1,040,309
124,490
1,106,289
65,980
98,384
1,158,378
(52,089)
-4.50%
3,782,756
2,529,907
218,302
2,628,752
98,845
164,139
3,079,268
(450,516)
-14.63%
13,412,193
8,941,462
1,126,571
8,851,993
(89,469)
969,678
7,666,412
1,185,581
15.46%
894,116
894,116
-
889,401
(4,715)
147,783
147,783
741,618
100.00%
2,844,118
1,896,079
237,471
1,891,600
(4,479)
200,188
1,626,301
265,299
16.31%
331,878
221,252
-
193,381
(27,871)
(2)
178,902
14,479
8.09%
812,526
576,969
53,586
765,176
188,207
44,676
484,423
280,753
57.96%
39,467,668
26,690,271
2,976,235
26,374,898
(315,373)
2,590,021
25,659,236
715,662
2.79%
308,000
205,333
3,041
68,452
(136,881)
(825)
172,581
(104,129)
-60.34%
2,025,000
1,235,000
5,538
1,228,441
(6,559)
2,199
1,178,768
49,673
4.21%
2,985,028
1,820,867
(114)
1,856,801
35,934
-
-
1,856,801
100.00%
601,446
404,431
17,074
449,576
45,145
71,539
954,174
(504,598)
-52.88%
5,919,474
3,665,631
25,539
3,603,270
(62,361)
72,913
2,305,523
1,297,747
56.29%
45,387,142 30,355,902 3,001,774 29,978,168 (377,734) 2,662,934 27,964,759 2,013,409 7.20%
21,329,830 14,265,390 1,671,525 15,901,468 1,636,078 1,372,040 10,895,673 5,005,795 45.94%
12,050,996 7,414,128 1,021,439 6,998,113 (416,015) 809,331 6,589,420 408,693 6.20%
6,506,608 3,793,738 549,312 3,709,319 (84,419) 376,006 3,207,001 502,319 15.66%
39,887,434 25,473,256 3,242,276 26,608,900 1,135,644 2,557,377 20,692,094 5,916,806 28.59%
1,286,985 857,990 101,766 828,112 (29,879) 106,296 867,468 (39,357) -4.54%
13,365 8,910 4,750 21,921 13,011 (4,731) (25,752) 47,673 -185.12%
1,300,350 866,900 106,516 850,033 (16,868) 101,565 841,716 8,317 0.99%
41,187,784 26,340,156 3,348,792 27,458,933 1,118,777 2,658,942 21,533,810 5,925,123 27.52%
Net Position Before Capital Contributions 4,199,358 4,015,746 (347,018) 2,519,235 (1,496,511) 3,992 6,430,950 (3,911,715) -60.83%
Capital Contributions (Non -Cash - - 8,966 8,966 884,643 972,594 (963,628)
Transaction GASB 34 Compliant)
Net Position Before Depreciation 4,199,358 4,015,746 (347,018) 2,528,201 (1,487,545) 888,635 7,403,544 (4,875,343) -65.85%
Depreciation & Amortization 8,115,685 5,410,456 730,804 5,846,432 435,976 658,855 5,248,874 597,558 11.38%
Total Net Position ($3,916,327) ($1,394,710) (1,077,822) (3,318,231) ($1,923,521) $229,780 $2,154,670 ($5,472,901) -254.00%
(405,000) (270,000) (29,394) (265,493) 4,507 (20,168) (183,173) (82,320) 44.94%
Page 73 of 191
Revenue (Operating):
Water Revenue (Residential)
Water Revenue (Commercial & Fire Det.)
Water Revenue (Landscape/Irrigation)
Water Revenue (Service Charge)
Water Revenue (PFAS Impact Fee)
Other Operating Revenue
Total Operating Revenue:
Revenue (Non -Operating):
Interest
Property Tax
Property Taxes - CFC Charges
Other Non -Operating Revenue
Total Non -Operating Revenue:
Total Revenue
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)
Salary Related Expenses
Supplies & Services:
Communications
Contractual Services
Data Processing
Dues & Memberships
Fees & Permits
Insurance
Materials
District Activities, Emp Recognition
Maintenance
Non -Capital Equipment
Office Expense
Professional Services
Training
Travel & Conferences
Uncollectible Accounts
Utilities
Vehicle Equipment
Supplies & Services Sub -Total
Total Operating Expenses
Expenses (Non -Operating):
Interest on Long Term Debt
Other Expense
Total Non -Operating Expenses:
Total Expenses
Net Position Before Capital Contributions
Capital Contributions (Non -Cash Transaction -
GASB 34 Compliant)
Net Position Before Depreciation
Depreciation & Amortization
Total Net Position
Capital - Direct Labor
Yorba Linda Water District
Water Fund
For Period Ending February 28, 2022
(With February 28, 2021 for comparison purposes)
Annual
YTD
Feb
YTD
YTD Actual
Prior Year
Prior YTD
YTD Actual
YTD - CUR
Budget
Budget
Actual
Actual
(Under)Over
Feb Actual
Actual (thru
vs
vs
FY22
FY22
FY22
FY22
YTD Budget
FY21
Feb 2021)
PY Actual $
PY Actual %
$ 15,834,595
$10,590,177 $
1,215,815
$ 10,048,306
$ (541,871)
$ 965,175
$ 11,317,769
$ (1,269,463)
-11.22%
1,555,486
1,040,309
124,490
1,106,289
65,980
98,384
1,158,378
(52,089)
-4.50%
3,782,756
2,529,907
218,302
2,628,752
98,845
164,139
3,079,268
(450,516)
-14.63%
13,412,193
8,941,462
1,126,571
8,851,993
(89,469)
969,678
7,666,412
1,185,581
15.46%
894,116
894,116
-
889,401
(4,715)
147,783
147,783
741,618
100.00%
771,723
549,767
51,488
634,217
84,450
40,628
443,271
190,946
43.08%
36,250,869
24,545,738
2,736,666
24,158,958
(386,780)
2,385,787
23,812,881
346,077
1.45%
240,000
160,000
1,124
45,408
(114,592)
619
133,293
(87,885)
-65.93%
2,025,000
1,235,000
5,538
1,228,441
(6,559)
2,199
1,178,768
49,673
4.21%
2,985,028
1,820,867
(114)
1,856,801
35,934
-
-
1,856,801
100.00%
591,046
394,031
21,787
289,319
(104,712)
66,536
940,881
(651,562)
-69.25%
5,841,074
3,609,898
28,335
3,419,969
(189,929)
69,354
2,252,942
1,167,027
51.80%
42,091,943
28,155,636
2,765,001
27,578,927
576,709
2,455,141
26,065,823
1,513,104
5.80%
21,329,830
14,265,390
1,671,525
15,901,468
1,636,078
1,372,040
10,895,673
5,005,795
45.94%
10,123,000
6,306,938
881,210
6,010,414
(296,524)
685,938
5,643,698
366,716
6.50%
139,402
92,935
10,532
72,080
(20,855)
4,241
86,858
(14,778)
-17.01%
584,405
374,103
37,189
343,101
(31,002)
46,504
367,394
(24,293)
-6.61%
303,500
143,333
24,780
132,148
(11,185)
14,906
165,365
(33,217)
-20.09%
82,295
54,863
1,854
70,205
15,342
2,819
66,104
4,101
6.20%
339,889
226,593
18,534
264,004
37,411
18,389
243,776
20,228
8.30%
263,500
175,667
18,931
161,819
(13,848)
18,474
159,709
2,110
1.32%
702,120
468,080
63,183
462,790
(5,290)
43,796
407,702
55,088
13.51%
45,026
30,017
1,016
19,553
(10,464)
962
10,813
8,740
80.83%
768,630
537,420
130,892
648,341
110,921
74,866
238,495
409,846
171.85%
128,208
80,472
5,130
68,637
(11,835)
15,199
92,178
(23,541)
-25.54%
37,821
25,214
(630)
22,419
(2,795)
4,144
20,074
2,345
11.68%
1,510,723
592,149
74,721
552,553
(39,596)
30,055
410,026
142,527
34.76%
61,277
40,851
1,776
17,194
(23,657)
(152)
9,727
7,467
76.77%
79,511
28,007
2,397
10,660
(17,347)
1,212
2,652
8,008
0.00°%
8,330
5,553
2,496
5,464
(89)
2,914
8,525
(3,061)
-35.91%
169,150
112,767
16,692
108,861
(3,905)
12,030
128,771
(19,910)
-15.46°%
302,770
201,847
67,315
222,936
21,089
14,551
300,384
(77,448)
-25.78%
5,526,557
3,189,871
476,808
3,182,765
(7,107)
304,910
2,718,553
464,211
17.08%
36,979,387
23,762,200
3,029,543
25,094,647
1,332,447
2,362,888
19,257,924
5,836,723
30.31°%
1,286,985
857,990
101,766
828,112
(29,878)
106,296
867,468
(39,356)
-4.54%
7,665
5,110
4,750
9,929
4,819
(4,731)
(31,456)
41,385
-131.57°%
1,294,650
863,100
106,516
838,041
(25,059)
101,565
836,012
2,029
0.24%
38,274,037
24,625,300
3,136,059
25,932,688
1,307,388
2,464,453
20,093,936
5,838,752
29.06%
3,817,906
3,530,336
(371,058)
1,646,239
(1,884,097)
(9,312)
5,971,887
(4,325,648)
-72.43%
-
-
8,966
8,966
368,337
368,337
(359,371)
368,337
3,817,906
3,530,336
(371,058)
1,655,205
(1,875,131)
359,025
6,340,224
(4,685,019)
-73.89°%
6,590,000
4,393,333
606,903
4,855,224
461,891
536,080
4,266,953
588,271
13.79%
$ (2,772,094) $ (862,998) $
(977,961)
(3,200,019) $ (2,337,022)
$ (177,055) $ 2,073,271
$ (5,273,290)
-254.35%
(344,250)
(229,500)
(25,712)
(217,354)
12,146
(18,408)
(164,432)
(52,922)
32.18%
Page 74 of 191
$30,000,000
$25,000,000
$20,949,608
$20,000,000
$15,000,000 $16,044,550
$10,000,000
$5,000,000
Feb. 2016
Water Revenues & Expenses - February
(excludes Depreciation, Special Items, and Contributed Capital )
$21,036,896
$17,237,373
Feb. 2017
$24,067,455
$19,292,704
$23,193,095
V
$19,666,165
$24,202,894
$20,607,938
Feb. 2018 Feb. 2019 Feb. 2020
Total Revenue f Total Expenses
$27,578,927
5.80%
$26,065,823
$25,932,688
29.06%
$20,093,936
Feb. 2021 Feb. 2022
Page 75 of 191
Revenue (Operating):
Sewer Charge Revenue
Locke Ranch Assessments
Other Operating Revenue
Total Operating Revenue:
Revenue (Non -Operating):
Interest
Other Non -Operating Revenue
Total Non -Operating Revenue:
Total Revenue
Expenses (Operating):
Salary Related Expenses
Supplies & Services:
Communications
Contractual Services
Data Processing
Dues & Memberships
Fees & Permits
Insurance
Materials
District Activities, Emp Recognition
Maintenance
Non -Capital Equipment
Office Expense
Professional Services
Training
Travel & Conferences
Uncollectible Accounts
Utilities
Vehicle Equipment
Supplies & Services Sub -Total
Total Operating Expenses
Expenses (Non -Operating):
Interest Expense
Other Expense
Total Non -Operating Expenses:
Total Expenses
Net Position Before Capital Contributions
Capital Contributions (Non -Cash Transaction -
GASB 34 Compliant)
Net Position Before Depreciation
Depreciation & Amortization
Total Net Position
Yorba Linda Water District
Sewer Fund
For Period Ending February 28, 2022
(With February 28, 2021 for comparison purposes)
Annual YTD Feb YTD YTD Actual Prior Year Prior Year YTD Actual YTD - CUF
Budget Budget Actual Actual (Under)Over Feb Actual Actual (thru vs vs
FY22 FY22 FY22 FY22 YTD Budget FY21 Feb 2021) PY Actual $ PY Actual'
$2,844,118
$1,896,079 $
237,471
$ 1,891,600
($4,479)
$200,188
$1,626,301
$265,299
16.31%
331,878
$221,252
-
193,381
(27,871)
(2)
178,902
14,479
0.00%
40,803
27,202
2,099
130,959
103,757
4,048
41,153
89,806
218.22%
3,216,799
2,144,533
239,570
2,215,940
71,407
204,234
1,846,356
369,584
20.02%
68,000
45,333
1,917
23,043
(22,290)
(1,444)
39,288
(16,245)
-41.35%
10,400
10,400
4,714
160,257
149,857
5,003
13,293
146,964
1105.57%
78,400
55,733
(2,797)
183,300
127,567
3,559
52,581
130,719
248.61%
3,295,199
2,200,266
236,773
$ 2,399,240
198,974
207,793
1,898,937
500,303
26.35%
1,927,996
1,107,190
140,228
987,699
(119,491)
123,393
945,723
41,976
4.44%
24,600
16,400
2,295
12,931
(3,469)
748
15,361
(2,430)
-15.82%
87,335
53,223
3,898
42,432
(10,791)
7,211
56,408
(13,976)
-24.78%
46,500
31,000
3,970
22,301
(8,699)
2,630
23,845
(1,544)
-6.48%
14,504
9,669
327
12,389
2,720
498
11,579
810
7.00%
47,951
31,967
3,100
22,368
(9,599)
3,150
25,058
(2,690)
-10.74%
46,500
31,000
3,341
28,557
(2,443)
3,260
28,330
227
0.80%
73,030
48,687
1,842
46,419
(2,268)
3,242
17,611
28,808
163.58%
7,946
5,297
179
3,444
(1,853)
170
1,905
1,539
80.79%
229,770
128,680
19,184
120,752
(7,928)
12,171
46,526
74,226
0.00%
63,742
42,495
13,825
35,698
(6,797)
588
11,886
23,812
200.34%
6,674
4,449
429
3,956
(493)
731
3,698
258
6.98%
159,417
106,278
12,956
120,101
13,823
32,090
168,380
(48,279)
-28.67%
16,748
11,165
773
6,802
(4,363)
163
2,567
4,235
164.98%
16,084
10,723
423
980
(9,743)
214
412
568
0.00%
1,470
980
583
1,452
472
704
2,184
(732)
-33.52%
29,850
19,900
2,946
19,211
(689)
1,694
23,634
(4,423)
-18.71%
107,930
51,953
2,435
26,762
25,191
1,831
49,067
22,305
-45.46%
980,051
603,867
72,506
526,555
(77,312)
71,095
488,451
38,104
7.80%
2,908,047
1,711,057
212,734
1,514,254
(196,803)
194,488
1,434,174
80,080
5.58%
5,700
3,800
11,993
8,193
5,703
6,290
-
5,700
3,800
11,993
8,193
5,703
6,290
-
2,913,747
1,714,857
212,734
1,526,247
(188,610)
194,488
1,439,877
86,370
6.00%
381,452
485,409
24,039
872,993
387,584
13,305
459,060
413,933
90.17%
-
-
-
-
-
516,306
604,257
(604,257)
604,257
381,452
485,409
24,039
872,993
387,584
529,611
1,063,317
(190,324)
-17.90%
1,525,685
1,017,123
123,901
991,208
(25,915)
122,775
981,922
9,286
0.95%
Capital -Direct Labor (60,750) (40,500) (3,682) (48,140) (7,640) (1,761) (18,741) (29,399) 156.87%
Page 76 of 191
Sewer Revenues & Expenses - February
$3,000,000 (excludes Depreciation, Special Items, and Contributed Capital)
$2,500,000 $2,399,240
26.35%
$2,000,000 $1,940,904 $1,898,937
$1,786,220
$1,596,930
$1,516,028
$1,500,000
$1,294,534
$1,526,247
6.00
$1,000,000 $1,439,877
$928,486 $956,706
$810,418 $838,748 $862,637
$500,000 - � � 0 1
Feb. 2016
Feb.2017 Feb.2018 Feb.2019 Feb.2020
Total Revenue f Total Expenses
Feb. 2021 Feb.2022
Page 77 of 191
Variable Costs Analysis
3,000,000
2,500,000
2,412,958 2,439,092
2,240,006
2,096,921-
1,929,318
2,000,000
1,671,801 1,729,514 1,805,038
1,660, 561 1, 512,043 1,448,941
1,636,877 1,518,953
oi�1,556,303 1,435,706 1,103,786
1,460,113 11,340,186 1,392,832 1,306,610
1,500,000
1,361,053 1,058,481
1,469,440 1,143,9
1,505,340 1,358,893 915,454
1,000,000 1'492'928 1,307,477 1,100 471 939,601
500,000
0
2,249,247
2,U93,bZ/
1,898,999 ` 2,065,064 2,084,721
1,671,525
1,494,768
1,372,040
1,200,582 1,370,194
1,367,226 1,3137
1,231,436 1,286,293
772 447 1,019,271
981,384 1,019,234
788,116
945,974
590,007
657,883
460,667
Jul Aug Sept Oct Nov Dec Jan Feb Mar
t FY18 Var Costs tFY19 Var Costs tFY20 Var Costs tFY21 Var Costs tFY22 Var Costs
1,132,782
April May
1,305,692
June
Page 78 of 191
ITEM NO. 8.8.
Yorba Linda
Water District
/_[r]=1►1I7_\V=1161AI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager / Interim General
Manager
STAFF CONTACTS: Delia Lugo, Finance Manager
Kelly McCann, Senior Accountant
SUBJECT: Cash and Investment Report for the Period Ending February 28,
2022
RECOMMENDATION:
That the Board of Directors receive and file the Cash and Investment Report for the Period
Ending February 28, 2022.
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 by 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 seven years.
The average portfolio yield for the month ending February 28, 2022 is 0.34%.
The District's Total Cash and Investment balance as of February 28, 2022 resulted in an
overall decrease in the investment balance from the previous month by approximately
$960,860. The Water Operating Fund decreased by $823,613 and the Sewer Operating Fund
decreased by $82,601 due to the net effect between their operating revenues and expenses
through the reporting month of the fiscal year. Water Capital Project Reserve Fund decreased
by $25,190 due to the cost of pay -go capital expenses. The PARS Fund decreased by
$26,612 due to a decrease in the value of investments.
Page 79 of 191
STRATEGIC PLAN INITIATIVES:
G2 4C - Manage cash flow to maximize investment income.
ATTACHMENTS:
Cash and Investment Reports and Graphs for February 2022
Page 80 of 191
Yorba Linda Water District
Cash & Investment Portfolio Report
February 28, 2022
Market % Date of Percent
Value Par of Total Institution Maturity Yield
Checking Account.
$ 846,489 $ 846,489 Wells Fargo Bank
$ 846,489 $ 846,489 2.14% Total 0.00%
Money Market Accounts:
$ 1 $ 1 US Bank (Revenue Bonds) 0.00%
$ 2,570,320 2,570,320 US Bank (Money Market) 0.01%
$ 1,646,751 1,646,751 Public Agency Retirement Svcs. (PARS)
$ 4,217,072 $ 4,217,072 10.66% Total 0.01%
Certificates of Deposits:
$ 247,412
247,000
$ 246,539
245,000
$ 246,539
245,000
$ 246,578
245,000
$ 246,578
245,000
$ 246,186
245,000
$ 246,632
245,000
$ 1,726,463 $ 1,717,000
PrivateBank & Tr Chicago Ill CTF
Capital One Bank USA
Capital One Bank NA
Ally Bank
Sallie Mae Bank
Synchrony
Moran Stanley Bank NA
4.36% Total
03/30/22
2.20%
06/27/22
2.19%
06/27/22
2.19%
06/27/22
2.24%
06/27/22
2.24%
05/17/22
2.44%
06/13/22
2.53%
2.29%
Pooled Investment Accounts:
$ 32,767,923 $ 32,767,923 Local Agency Investment Fund 0.28%
$ 32,767,923 $ 32,767,923 82.84% 0.28%
$ 39,557,946 $ 39,548,483 100% Total Investments 0.34%
Per Government Code requirements, the Investment Report is in compliance with the Yorba
Linda Water District's Investment Policy, and there are adequate funds available to meet
budgeted and actual expenditures for the next six months.
Kelly McCann, Senior Accountant
2/28/22
Page 81 of 191
Cash & Investment Summary Report
Below is a chart summarizing the yields as well as terms and maturities for the month of February 2022:
Average
# of
Month Portfolio
Days to
of 2022 Yield
Maturity
February 0.34%
5
Below are charts comparing operating fund interest for current and prior fiscal years.
Actual Interest 2/28/2021 2/28/2022
Monthly - February
Year -to -Date
$ (825) $ 3,044
$ 172,581 $ 68,452
Budget 2020/2021 2021/2022
Interest Budget, February YTD $ 470,000 $ 205,333
Interest Budget, Annual $ 705,000 $ 308,000
Interest earned on investments is recorded in the fund that owns the investment.
Cash & Investment Summary Comparison Between Current and Previous Month
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 $39.5 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 297 for the Un -Restricted Water Reserve balance and 902 for the
Un -Restricted Sewer Reserve balances, as of February 28, 2022, which is subject to change with the final audited numbers.
Fund Description
Water Operating Reserve
Water Emergency Reserve
Water Capital Project Reserve
MWD Contingency Reserve
Rate Stabilization Reserve
Un -Restricted Water Reserve Balance
Conservation Reserve
Employee Liability Reserve
Restricted Reserve Balance
Sewer Operating Reserve
Sewer Emergency Reserve
Sewer Capital Project Reserve
Un -Restricted Sewer Reserve Balance
Total Reserve Balances
Wells Fargo Bank Checking
Water Operating
Sewer Operating
US Bank Held (Restricted)
Rev. Bond 2012A & 2017A -Principal & Interest
Public Agency Retirement Svc. -PARS (Restricted)
Total Cash and Investments
1 1
1,673,363 1,646,751
$ 40,518,807 $ 39,5579946
Page 82 of 191
FY22 Reserve
Cash and
Requirements
Investments
January 2022
% Alloc
February 2022
% Alloc
"Target
Available for
Balance
1/31/2022
Balance
2/28/2022
Levels"
CY Obligations
$ 15,346,994
40.53%
$ 14,572,180
39.32%
$ 16,790,090
$ (2,217,910)
7,332,191
19.36%
7,331,726
19.78%
6,915,040
416,686
3,515,335
9.28%
3,490,144
9.42%
11,861,304
(8,371,160)
-
0.00%
-
0.00%
0
0
4,244,961
11.21%
4,244,036
11.45%
4,195,582
48,454
30,439,481
$ 29,638,086
39,762,016
(10,123,930)
$ 105,980
0.28%
$ 105,980
0.29%
105,769
211
309,657
0.82%
309,657
0.84%
309,040
617
415,636
$ 415,636
414,809
827
$ 4,405,723
11.63%
$ 4,404,733
11.88%
2,945,513
1,459,220
1,968,261
5.20%
1,966,809
5.31%
1,926,014
40,795
639,442
1.69%
639,442
1.73%
1,837,000
(1,197,558)
7,013,426
$ 7,010,984
6,708,527
302,457
$ 37,868,543
100.00%
$ 37,064,706
100.00%
$ 46,885,352
$ (9,820,646)
448,928
400,128
527,973
446,360
976,900
846,489
1 1
1,673,363 1,646,751
$ 40,518,807 $ 39,5579946
Page 82 of 191
INVESTMENT BALANCES (AS OF 2-28-2022)
■ Checking Account: ■ Money Market Accounts: ■ Certificates of Deposit: ■ Pooled Investment Accounts:
Checking Account.
Money Market Accounts:
Certificates of Deposit:
Pooled Investment Accounts:
$ 846,489
$ 4,217,072
$ 1,726,463
$ 32,767,923
2.14%
10.66%
4.36%
82.84%
Total $ 39,557,946 100.00%
Page 83 of 191
Yorba Linda Water District
Fair Value Measurement Report
February 28, 2022
Local Agency Investment Fund
Negotiable Certificates of Deposit
32,767,923
1,726,463
Total Investments $ - $ 34,494,386 $
32,767,923
1,726,463
- $ 34,494,386
Page 84 of 191
Quoted
Observable
Unobservable
Prices
Inputs
Inputs
Investments
Level 1
Level 2
Level 3
Total
Local Agency Investment Fund
Negotiable Certificates of Deposit
32,767,923
1,726,463
Total Investments $ - $ 34,494,386 $
32,767,923
1,726,463
- $ 34,494,386
Page 84 of 191
PARS (Public Agency Retirement Services) Funding Reconciliation
Transaction M
Date Transaction Description
Water ..
Pension
..
OPEB
Operating Sewer
PensionOPEB
Operating
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)
Iff (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
10/31/2021 Management Fees
(434.79)
(330.53)
(45.03)
(39.06)
1,679,523.67
10/31/2021 Investment Gain/(Loss)
22,700.96
17,257.02
2,351.19
2,039.17
1,723,872.01
11/30/2021 Management Fees
(432.17)
(328.52)
(44.76)
(38.82)
1,723,027.74
11/30/2021 Investment Gain/(Loss)
(12,525.82)
(9,521.99)
(1,297.33)
(1,125.15)
1,698,557.45
12/31/2021 Management Fees
(435.58)
(331.11)
(45.11)
(39.13)
1,697,706.52
12/31/2021 Investment Gain/(Loss)
16,930.70
12,870.54
1,753.55
1,520.85
1,730,782.16
1/31/2022 Management Fees
(435.94)
(331.40)
(45.15)
(39.16)
1,729,930.51
1/31/2022 Investment Gain/(Loss)
(28,955.65)
(22,011.78)
(2,999.00)
(2,601.02)
1,673,363.06
2/28/2022 Management Fees
(433.84)
(329.80)
(44.93)
(38.97)
1,672,515.52
2/28/2022 Investment Gain/(Loss)
(13,188.51)
(10,025.77)
(1,365.96)
(1,184.69)
1,646,750.59
Ilk
Account Balance by Account Type
842,936.02
51.19%
640,790.90
38.91%
87,304.66
5.30%
75,719.01 $
4.60%
1,646,750.59
100%
Initial Contribution as of 12/28/2017
Additional Contribution 6/26/19
Total Contributions =
Total Distribution to CalPERS
Total Gain (or Loss) from Inception
Total Management Fees from Inception
Pension OPEB Total
$ 247,599.00 - 247,599.00
$ 1,105,248.00 587,339.00 1,692,587.00
1,940,186.00
(631,392.00) - (631,392.00)
226,519.44 139,231.59 365,751.03
(17,733.76) (10,060.68) (27,794.44)
Balance as of 8-31-21 = $ 930,240.68 $ 716,509.91 $ 1,646,750.59
Page 85 of 191
$35,020,000
$30,020,000
$25,020,000
$20,020,000
$15,020,000
$10,020,000
$5,020,000
$20,000
416
$30,551,885
378
$26,711,300
Unrestricted Reserves & Days in Cash (Water)
370
349
Moo
$27,116,743 $28,542,606 $29,088,234
$30,654,246
Feb. 2016 Feb. 2017 Feb. 2018 Feb. 2019 Feb. 2020 Feb. 2021
m Unrestricted Reserves (Water) —W- Days in Cash (Water)
$29,638,086
Feb. 2022
460
410
360
310
260
210
160
110
60
Page 86 of 191
ITEM NO. 8.9.
Yorba Linda
Water District
/_[r]=1►1I7_\V=1161AI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager
STAFF CONTACTS: Georgina Knight, Human Resources and Risk Manager
SUBJECT: Claim for Damages filed by Ivan Ruzics
RECOMMENDATION:
That the Board of Directors reject the claim filed by Mr. Ivan Ruzics and refer it to ACWA JPIA
for further handling.
SUMMARY:
On March 23, 2022, the District received a claim from Ivan Ruzics alleging property damage
stemming from the installation of a sewer manhole cover near the claimants' driveway on
September 24, 2021. The installation of the sewer manhole was the result of a sewer
extension project.
District staff conducted an investigation into the allegation of property damage and concluded
that the District was not responsible for the damage to the block wall and gate. The sewer
manhole was installed to industry standards.
The supporting documents related to the claim are on file and available for review in the office
of the Assistant General Manager / Interim General Manager.
Page 87 of 191
ITEM NO. 8.10.
Yorba Linda
Water District
/_[r]=1►1I7_\V=1161AI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager / Interim General
Manager
STAFF CONTACTS: Rosanne Weston, Engineering Manager
Reza Afshar, Senior Engineer
Ethan Nakano, Assistant Engineer III
SUBJECT: Terms and Conditions with L.D. Hardas, 5005 Hidden Glen Lane,
J-2022-02
RECOMMENDATION:
That the Board of Directors approve the Terms and Conditions for Water and Sewer Service
with L.D. Hardas, 5005 Hidden Glen Lane, Job No. J-2022-02.
SUMMARY:
The applicant is in the process of constructing a new residence at 5005 Hidden Glen Lane and
has asked the City of Yorba Linda to vacate the public street, Hidden Glen Lane. The
applicant is requesting to abandon the District's existing water and sewer mains along Hidden
Glen Lane that extend back to Hidden Hills Road and proposes to install new services at the
mains within Hidden Hills Road. Two property owners at 5005 and 4980 Hidden Glen Lane,
will be affected by the removal of Hidden Glen Lane and its infrastructure. The owner of this
project (5005 Hidden Glen Lane), is solely responsible for the scope of work and completion of
said work. The project is located as shown in the exhibit attached.
FISCAL IMPACT:
Budgeted: Developer Funded
Job No: J-2022-02
BACKGROUND:
The applicant has requested that the city of Yorba Linda vacate the existing right-of-way for
Hidden Glen Lane. The applicant proposes to remove Hidden Glen Lane and abandon the
District's existing water and sewer mains within Hidden Glen Lane that extend back to Hidden
Hills Road as part of this development.
Page 88 of 191
The District owns an existing Zone 6C, 8 -inch water line along Hidden Glen Lane that the
applicant is proposing to abandon. The existing water services will be relocated to connect to
the existing 12 -inch water main at Hidden Hills Road which is of adequate size and pressure
to serve the project. The applicant is conditioned by the Orange County Fire Authority to
provide a dedicated 8 -inch fire service line with a double check detector assembly that will tie
into the 12" water main at Hidden Hills Road and serve the entirety of the development.
The District owns an existing 8 -inch sewer line along Hidden Glen Lane that the applicant is
proposing to abandon. The existing sewer laterals for 5005 and 4980 Hidden Glen Lane will
be relocated to connect to the existing 8 -inch sewer main at Hidden Hills Road which is of
adequate size to serve both properties.
The Terms and Conditions and exhibit depicting the improvements are attached.
ATTACHMENTS:
1. Terms and Conditions
2. Exhibit
Page 89 of 191
Date: 3/30/2022
YORBA LINDA WATER DISTRICT
TERMS AND CONDITIONS
FOR WATER AND SEWER SERVICE
NAME OF APPLICANT: L.D. Hardas
LOCATION OF PROJECT: 5005 Hidden Glen Lane, Yorba Linda, CA 92887
TRACT NUMBER: 13669 JOB NUMBER: 2022-02 LOT(S): 2
To the satisfaction of the District, applicant shall complete the following items that have
an "X" following the number.
1) X The applicant shall provide the District with a copy of the Grant Deed or Title
Report of the property to be served.
2) ❑x The applicant shall include information deemed necessary by the District in
the event the applicant is required to file a Department of Real Estate Tax
Disclosure statement.
3) ❑x The applicant shall submit two (2) sets of the improvement plans to the
District for plan check processing.
a) Improvement Plans
b) Grading Plans
c) Tract, Parcel or Vesting Map
d) Landscaping Plans
4) ❑x Improvement Plans submitted for plan check shall comply with the submittal
requirements established by the YLWD Engineering Department.
5) ❑x The applicant shall dedicate or obtain all easements deemed necessary by
the District in accordance with the Rules and Regulations of the District. All
easement documents shall be prepared under the supervision of and
stamped by a Professional Land Surveyor or a Registered Civil Engineer
(licensed prior to January 1, 1982) licensed to practice in the State of
California.
6) ❑x The applicant shall provide the District with a copy of the Recorded
Tract/Parcel Map(s) or Easement Documents illustrating all District
easements required by Term and Condition No. 7, prior to requesting
occupancy releases.
7) X The applicant shall prepare and process all easements to be quitclaimed by
the District in accordance with the Rules and Regulations of the District.
Page 90 of 191
Page 2 of 6
NAME OF APPLICANT: L.D. Hardas
LOCATION OF PROJECT: 5005 Hidden Glen Lane
8) 0 The applicant shall furnish the District with a 24-hour emergency telephone
number prior to the District's approval of the construction plans.
9) 0 The applicant shall notify the District 48 hours prior to initiating any work
related to required or proposed improvements.
10) 0 The applicant shall complete a Temporary Construction Meter Permit
application for all water to be used in construction work and all water used
under such permit shall be taken from the approved construction meter.
11) 0 The applicant shall provide, per the District specifications, the "As Built"
AutoCAD file (version 2019 or earlier) of the Water and/or Sewer facilities.
12) 0 The applicant shall execute a Water Service Agreement between the Yorba
Linda Water District and the applicant.
13) 0 The applicant shall pay all of the water fees as required by the Rules and
Regulations for Water Service of the District.
14) 0 The applicant shall pay meter fees associated with the installation of radio
read meters for this project.
15) 0 The applicant shall comply with the Rules and Regulations for Water Service
of the Yorba Linda Water District.
16) 0 The applicant shall provide the District with a set of plans stamped and
approved by the Orange County Fire Authority, or fire agency having
jurisdiction, that identifies approved fire hydrant locations. Such approved
plan must be submitted to the District before staff will initiate a District plan
check for water improvements. Applicant shall also provide to the District with
a copy of conditions of approval issued by the Fire Agency having jurisdiction.
17) 0 The applicant shall have all water facilities designed in accordance with the
District's Water Facilities Plan and the Standard Specifications and Drawings
for Construction of Domestic Water and Sewer Facilities. All design plans
shall be prepared under the supervision of and stamped by a Registered Civil
Engineer licensed to practice in the State of California.
18) 0 The applicant's engineer shall provide a computer hydraulic analysis report
to confirm that the District's existing water system can accommodate the
project. The District's consultant will verify, using the hydraulic model. If
system deficiencies are found, the applicant shall be required to provide
mitigation to the satisfaction of the District.
Page 91 of 191
Page 3 of 6
NAME OF APPLICANT: L.D. Hardas
LOCATION OF PROJECT: 5005 Hidden Glen Lane
19) ❑x The applicant's future water facilities shall be conveyed to the District as
indicated on applicant's future Water Improvement Plans approved by the
District.
20) ❑x The applicant shall be required to conduct flow tests at their cost in the event
the Orange County Fire Authority requires a flow test, and provide an
approved copy to the District. A District representative shall be present to
witness the flow test.
21) ❑x The applicant shall comply with all additional District requirements, relative to
the fire protection system, fire hydrant construction and fire hydrant locations.
22) ❑ The applicant shall install _ water Sampling Station(s) in conformance with
the District's Standard Specifications and Drawings for Construction of
Domestic Water and Sewer Facilities.
23) ❑x The applicant shall provide a completed Surety Bond for the water facilities
prior to the District signing the Water Improvement Plans. The applicant shall
also provide to the District an estimate of the construction costs of the
proposed water facilities.
24) ❑ The applicant shall install the curb and gutters a minimum of one week prior
to the installation of the water main and services.
25) ❑x All existing water services that are not useable in the new plan shall be cut
and plugged at the main line.
26) ❑x The applicant shall coordinate through the District all connections of new
water facilities to the existing District facilities.
27) ❑x The applicant shall provide a written copy of the Bacteriological Report prior
to occupancy releases certifying that the water meets the Health
Department's requirements.
28) ❑x The applicant shall adjust and raise to grade all valve covers within the limits
of this project.
29) ❑x The applicant shall install a pressure regulator in all buildings that have over
80 p.s.i. static water pressure in accordance with the appropriate building
codes.
30) ❑x The applicant shall install a District approved backflow device in connection
with any private fire suppression sprinkler facilities that may be required by
the Orange County Fire Authority or fire agency having jurisdiction.
Page 92 of 191
Page 4 of 6
NAME OF APPLICANT: L.D. Hardas
LOCATION OF PROJECT: 5005 Hidden Glen Lane
31) ❑x The applicant shall install a reduced pressure principle backflow prevention
device on all commercial buildings and landscape services.
32) ❑x The applicant shall install and provide a written test report to the District for
each backflow device certifying that the backflow devices are operating
properly.
33) ❑x The applicant shall install and provide a written test report to the District
certifying that the double check detector assembly is operating properly prior
to the double check detector assembly being turned on for service.
34) ❑x The applicant shall provide an annual written test report to the District
certifying that the backflow devices and fire detector assemblies are operating
properly pursuant to the District's Backflow Prevention Program and the State
of California Administrative Code, Title 17, Public Health Rules and
Regulations Relating to Cross -Connections.
35) ❑ The applicant shall complete a Sewer Connection Application and Permit for
Sewer Service.
36) ❑x The applicant shall execute a Sewer Service Agreement between the Yorba
Linda Water District and the applicant.
37) ❑x The applicant shall comply with the Rules and Regulations for Sewer Service
of the Yorba Linda Water District.
38) ❑x The applicant shall pay all of the sewer fees as required by the Rules and
Regulations for Sewer Service of the District.
39) ❑x The applicant shall have all sewer facilities designed in accordance with the
District's Sewer Master Plan and the Standard Specifications and Drawings
for Construction of Domestic Water and Sewer Facilities. All design plans
shall be prepared under the supervision of and stamped by a Registered Civil
Engineer licensed to practice in the State of California.
40) ❑x The applicant's engineer shall provide sewer flow calculations to confirm that
the District's existing sewer system can accommodate the peak wastewater
generation from the project. The District's consultant will verify, using the
sewer hydraulic model. If system deficiencies are found, the applicant shall
be required to provide mitigation to the satisfaction of the District.
41) ❑x The applicant shall provide a completed Surety Bond for the sewer facilities
prior to the District signing the Sewer Improvement Plans. The applicant shall
also provide to the District an estimate of the construction costs of the
proposed sewer facilities.
Page 93 of 191
Page 5 of 6
NAME OF APPLICANT: L.D. Hardas
LOCATION OF PROJECT: 5005 Hidden Glen Lane
42) ❑x The applicant's future sewer facilities shall be conveyed to the District as
indicated on applicant's future Water and Sewer Improvement Plans
approved by the District.
43) ❑x The applicant shall construct a sewer main and appurtenances in
conformance with the approved plans and the District's Standard
Specifications and Drawings for Construction of Domestic Water and Sewer
Facilities.
44) ❑x All existing sewer laterals that are not useable in the new plan shall be cut
and plugged at the main line.
45) ❑x The applicant shall adjust and raise to grade all sewer manhole covers within
the limits of this project.
46) ❑x The applicant shall install a sewer backflow prevention valve on all sewer
service connections in which the pad elevations of the property being served
is lower than the rim elevation of the upstream manhole. Installation of the
backflow device shall comply with all requirements of the Building and
Plumbing Codes of the appropriate agency having jurisdiction.
47) ❑x The applicant shall submit a video inspection report of their sewer project in
DVD format. The video of the sewer facilities shall be conducted in the
presence of the District inspector, which will include stationing locations of
manholes, cleanouts, wyes, laterals, backflow devices and appurtenances.
END OF STANDARD TERMS AND CONDITIONS
PROJECT SPECIFIC TERMS AND CONDITIONS
48) ❑x The participating property owner of 4980 Hidden Glen Lane must execute a
Water and Sewer Service Agreement with the Yorba Linda Water District.
49) ❑x The applicant shall provide documentation of project approval from the City
of Yorba Linda Planning Department prior to the beginning of plan check.
The applicant shall provide a copy of the project's Conditions of Approval to
the District.
50) ❑x The applicant shall provide documentation from the City of Yorba Linda of
the resolution to vacate existing right-of-way along Hidden Glen Lane.
51) ❑x YLWD approval of abandonment of the water and sewer facilities at Hidden
Glen Lane is contingent upon the City of Yorba Linda vacating its right -of -
Page 94 of 191
Page 6 of 6
NAME OF APPLICANT: L.D. Hardas
LOCATION OF PROJECT: 5005 Hidden Glen Lane
way in the entirety of Hidden Glen Lane. Official documentation of City
approval is required by the District prior to the start of plan check.
52) ❑x The applicant shall provide a minimum 15' wide gate and driveway at the
end of Hidden Hills Drive to maintain full access to the existing YLWD owned
access road. YLWD must be provided the means to open the gate and
access the road at any time.
53) ❑x At applicant's sole cost and no cost to YLWD, applicant must relocate, repair,
replace, and/or enhance any YLWD facilities/appurtenances that may be
affected by the scope of work.
I hereby certify that the foregoing Terms and Conditions were approved at the April 12,
2022 Regular Meeting of the Board of Directors of the Yorba Linda Water District. The
approved Terms and Conditions shall become void six (6) months from the approval date
if a formal Water and Sewer Service Agreement between Yorba Linda Water District and
the applicant is not executed for the project under consideration.
Douglass Davert, Assistant General Manager
Reviewed by: Rosanne P. Weston, PE, PMP
Engineering Manager
Reviewed by: Reza Afshar, PE
Senior Engineer
Page 95 of 191
zv
\— PROJECT LOCATION
PROP. R/W
moo' LOT'D' /
J PROP. CUL—DE—SAC
i PER OCFA REQ'S
PROP. 2" %^
WATER METER PROP. DRIVEWAY &
= PROP. 4" SEWER /� GATE FOR YLWD ACCESS
LATERAL 1-0
EX. AIR—VAC TO BE
v PROP. 2"
r_ P� WATER METER ��
IR EX. 12" WATER /
MAIN TO REMAIN 0�'S1D
SSp�RPNtiP EX. R/W / / . ' • \
VICINITY MAP
N.T.S.
PROP. 4" SEWER
LATERAL
EX. 8" SEWER /���0/ 4985 HIDDEN GLEN LN '
MAIN TO REMAIN / / / // (7AXD
BE DEMOLISHED)
PROP. 2" 5 /// • 8" SEWER MAIN
WATER METERS / �� ALL LATERALS
PROTECT EX. TO BE ABANDONED
PR P. 8" FIRE SERVICE
HYDRANT IN PLACE �� v
LWD EASEMENT :.
eejjj��j/ RpP ��
/ \ PROTECTED IN PLACE
OR RELOCATED
LOT 'A'
PR OTE T EX. \
<p HYDRA N PLA
ABANDON 8" E `
WATER Al TO \
EX. 8" WATER MAIN AND `
<ALL APPURTENANCES TO
BE ABANDONED r \
I 4980 IDAN GLEN LN `
(EX. B DING TO REMAIN)
(P' TICIPA G PROPERTY OWNER)
ABANDON EX.
8" HYDRANT i
PROPERTY LINE i
II A�010
oO �
ABANDON EX. EX. 15' WIDE YLWD
W TO BE
EX. R
SEWER TO MAIN SEWER EASEMENT
AND INSTALL NEW I TO BE VACATED �O \ — — VACATED BY CITY
LATERAL FOR i O OF YORBA LINDA ,
PROP. BUILDING i
O 5005 HIDDEN GLEN LN o ��
(PROP. BUILDING)
� o
0
O
I
LEGEND:
PROPERTY LINE --�,I
II 0 ®e
'PROPOSED PRIVATE DRIVE
I ® / STREET TO BE REMOVED
I
EXISTING SEWER TO BE ABANDONED --8"SS—
EXISTING WATER TO BE ABANDONED --8"W
PREPARED BY: EXHIBIT SCALE:
1 "=80'
YORBA LINDA WATER DISTRICT
77�v�l
WATER &SEWER MAIN ABANDONMENT DATE:
1717 E. MIRALOMA AVENUE0/22
PLACENTIA, CALIFORNIA 92870 FOR 3�3E:' (714) 701-3000 5005 HIDDEN GLEN LANE FILENAME:
L.D. HARDAS
ITEM NO. 8.11.
Yorba Linda
Water District
/_[r]=1►1I7_\V=1161AI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager / Interim General
Manager
STAFF CONTACTS: Rosanne Weston, Engineering Manager
Danielle Logsdon, Principal Engineer
SUBJECT: Change Order for FY21-22 Manhole and Valve Box Adjustment
Project Construction Contract
RECOMMENDATION:
That the Board of Directors authorize staff to issue a change order in the amount of $115,000
for the Fiscal Year 2021-22 Manhole and Valve Box Adjustment Project Construction Contract.
SUMMARY:
District staff estimated the quantity of manholes and valve cans that would need to be adjusted
under this Construction Contract by averaging the quantity from prior years. The cities within
the District's service area have substantially increased their pavement restoration programs
this past year. As a result, the number of manholes and valve cans that need to be adjusted
has nearly tripled. An increase in the construction contract amount is needed to complete this
work through the construction end date of September 1, 2022.
FISCAL IMPACT:
Construction Contract Amount: $69,524.78
Change Order Amount: $115,000
Total Amount: $184,524.78
Job Nos: J-2020-59 and J -2020-59S
BACKGROUND:
Each year, cities within the District's service area perform pavement improvement and
preservation projects. In cases where the improvements alter the pavement grade, the
District's manholes and valve boxes require adjustment. Previously, the cities performing the
pavement improvements included this cost as part of their improvement project and billed the
District at their contractor's cost. City contractor costs range between $600 and $1,000 per
unit. The District's contractor, All American Asphalt, charges the District $419.97 for adjusting
Page 97 of 191
manholes and $316.62 for adjusting valve boxes. This project will result in significant savings
to the District of approximately $100,000.
PRIOR RELEVANT BOARD ACTION:
On January 12, 2021, the Board of Directors awarded the Construction Contract for the FY21-
22 Manhole and Valve Box Adjustment Project to All American Asphalt for $69,524.78.
STRATEGIC PLAN INITIATIVES:
G2 3A - Manage expenses to achieve the strategic goals of the District; and G3 2B - Address
the District's future infrastructure needs.
Page 98 of 191
ITEM NO. 8.12.
Yorba Linda
Water District
/_[r]=1►1I7_\V=1161AI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager / Interim General
Manager
STAFF CONTACTS: Rosanne P. Weston, Engineering Manager
Danielle Logsdon, Principal Engineer
SUBJECT: Ratification of Exceptions from Competitive Solicitation Process for
Emergency Expenditures to Repair Bryant Cross Feeder at
Esperanza Road
RECOMMENDATION:
That the Board of Directors ratify the Interim General Manager's and Engineering Manager's
emergency expenditure to repair the Bryant Cross Feeder Waterline at Esperanza Road.
SUMMARY:
In accordance with the District's Purchasing Policy, Interim General Manager's and
Engineering Manager determined that the emergency expenditure met the qualifications for
exemption from the competitive solicitation process. Construction is now complete on the
emergency repairs to the Bryant Cross Feeder at Esperanza Road. Submitted for
consideration is a request for authorization to file the Notice of Completion for the project.
FISCAL IMPACT:
Budgeted: No (Emergency Project)
Leak Evaluation Cost: $13,093
Repair Cost: $42,126.61
Total Project Cost: $55,219.61
Funding Source: Maintenance Budget
BACKGROUND:
The District received a call from BNSF Railway that there appeared to be a leak adjacent to
their railway right-of-way. The District identified the 20 -inch diameter Bryant Cross Feeder
Waterline as the potential source of the leak. This waterline is the sole source of water that
feeds the east area of Yorba Linda. Engineering staff contacted two contractors to see if they
were available to conduct an immediate evaluation of the waterline. Paulus Engineering was
Page 99 of 191
available and provided a quote to complete this evaluation, which was approved by the
Engineering Manager. Paulus Engineering identified a leak in the Bryant Cross Feeder
Due to the severity of the leak, Paulus Engineering was authorized by the Interim General
Manager at the request of the Engineering Manager to complete the repair of the waterline.
The repair work has been completed to the satisfaction of the District.
This project was completed in accordance with the District's Purchasing Policy, which states in
relevant part:
7.1.2 Exceptions from Competitive Solicitation Process - Generally, solicitation of bids
or proposals is preferable whenever practicable. In addition to the exceptions stated under
Section 7.3.2, the competitive solicitation requirements set forth under Table 2 may be
waived when any of the following is applicable:
7.2.2.3. Emergency Expenditures
7.1.3 It shall be at the discretion of the General Manager or Assistant General Manager and
the initiating Department Managers(s) to determine whether an expenditure meets the
qualifications listed herein to be exempt from a competitive solicitation, subject to any Board
authorization. Such expenditures that meet this criteria will be presented to the Board of
Directors at publicly held meeting.
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 100 of 191
ITEM NO. 9.1.
Yorba Linda
Water District
/_[r]=1►1I7_\V=1161AI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager / Interim General
Manager
STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT: Amendments to Board of Directors' Policies and Procedures
Manual
RECOMMENDATION:
That the Board of Directors consider the proposed amendments to the Policies and
Procedures Manual and adopt Resolution No. 2022 -XX approving said amendments and
repealing Resolution Nos. 18-06 and 2020-13.
BACKGROUND:
The Board routinely reviews the policies and procedures manual to determine if any
amendments are desired. Potential revisions were discussed during the regular meetings
held on February 8, 2022 and March 8, 2022 and are being presented for the Board's
consideration. In summary, the proposed amendments are to align the policy with current
practice or new requirements, correct minor typographical errors, provide additional
clarification, reflect increased costs for travel -related expenses, and changing the schedule for
regular meetings.
STRATEGIC PLAN INITIATIVES:
G5 2D - Maintain a strong District culture and ethics as described in core values.
1. 2022 BOD Policies and Procedures Manual - REDLINE
2. Resolution No. 2022 -XX - BOD Policy and Procedures Manual
3. 2022 BOD Policies and Procedures Manual - FINAL
Page 101 of 191
YL -j
YORBA LINDA
WATER DISTRICT
Board of Directors
Policies and Procedures Manual
Last Amended April 12, 2022'u4• 4 2=
Resolution No. 2022-XX2424 3
Page 102 of 191
TABLE OF CONTENTS
1.0
PURPOSE AND SCOPE................................................................................................................... 33
2.0
MISSION, VISION AND CORE VALUES........................................................................................33
2.1 Mission Statement.......................................................................................................................................33
2.2 Vision...........................................................................................................................................................33
2.3 Core Values................................................................................................................................................
33
3.0
BASIS OF AUTHORITY....................................................................................................................
44
4.0
DUTIES, RESPONSIBILITIES AND CONDUCT............................................................................
44
4.1 Duties and Responsibilities.........................................................................................................................44
4.2 Code of Conduct and Ethics.......................................................................................................................
77
5.0
COMPOSITION, TERMS AND VACANCY.................................................................................124-2
6.0
OFFICERS.......................................................................................................................................1344
6.1 President and Vice President.................................................................................................................131-4
7.0
APPOINTED STAFF AND OTHERS...........................................................................................144
7.1 General Manager, Secretary, Assistant Secretary and Treasurer........................................................
144
7.2 District Legal and Labor Counsel..........................................................................................................
1646
7.3 District Auditor.........................................................................................................................................1646
7.4 Consultants.............................................................................................................................................1646
8.0
COMMITTEES..................................................................................................................................1646
9.0
DIRECTORS' COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT
............17x-7
9.1 Directors' Compensation.........................................................................................................................1747
9.2 Benefits...................................................................................................................................................184-8
9.3 Travel Expense Reimbursement...........................................................................................................
194-9
9.4 District Issued Credit Cards..................................................................................................................
2224-
9.5 Communications Expense Reimbursement............................................................................................2222
9.6 Disclosure of Expenditures/Reimbursements.........................................................................................2423
10.0
BOARD MEETINGS, GENERAL..................................................................................................2423
10.1 Regular Meetings....................................................................................................................................242-3
10.2 Special Meetings.....................................................................................................................................2424
10.3 Emergency Meetings..............................................................................................................................
2524
11.0
BOARD MEETINGS, AGENDAS.................................................................................................2524
11.1 Agendas..................................................................................................................................................
2524
11.2 Order of Business...................................................................................................................................272-6
12.0
BOARD MEETINGS, MINUTES...................................................................................................3020
13.0
BOARD MEETINGS, CONDUCT.................................................................................................3130
13.1 Guidelines for Discussion.......................................................................................................................3138
14.0
BOARD ACTIONS AND DECISIONS..........................................................................................3234
15.0
EXHIBITS AND APPENDIXES.....................................................................................................3332
Yorba Linda Water District Board of Directors' Policies and Procedures Manual
2
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1.0 PURPOSE AND SCOPE
1.1 The purpose of this manual is to provide a compilation of policies and procedures
approved by the Board to facilitate the proper conduct of District business. Each Director
shall be provided with a copy of this manual, acknowledge receipt in writing (see Exhibit
A), and affirm their intent to comply with the policies and procedures contained herein. If
any portion of this manual is in conflict with federal or state law or regulations that apply
to the District, said legislation or regulations shall prevail.
2.0 MISSION, VISION AND CORE VALUES
2.1 Mission Statement
Yorba Linda Water District will provide reliable water and sewer services to protect public
health and the environment with financial integrity and superior customer service.
2.2 Vision
Yorba Linda Water District will accomplish our mission to improve the quality of life for
those we serve by:
A. Embracing Proven Technology
B. Improving Customer Satisfaction
C. Providing Efficient and Responsive Operations
D. Ensuring Reliable Infrastructure
2.3 Core Values
The Yorba Linda Water District Board of Directors and staff are guided in everything we
do by the following core values:
Integrity— We demonstrate integrity every day by practicing the highest ethical standards
and by ensuring that our actions follow our words.
Accountability — We acknowledge that both the Board and staff of the District are
accountable to the public that we serve, as well as to each other.
Responsibility - We take full responsibility for our actions. We maintain a commitment of
courtesy, assessment, and resolution with all customer concerns.
Transparency — We listen to our customers and communicate openly about our policies,
processes, and plans for the future.
Teamwork— We work together by sharing information and resources to achieve common
goals.
Respect — We ensure every voice of the District is treated with dignity and civility;
differences are valued and individual abilities and contributions are recognized.
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3.0 BASIS OF AUTHORITY
3.1 The District is a County Water District, organized and existing under the County Water
District Law. The Board is the legislative body, and functions as the District's
policymaking body. It can only function as a unit. Apart from their role as a part of this
unit, individual Directors have no authority with regard to any aspect of District business.
3.2 As individuals, Directors may not commit the District to any policy, act, or expenditure
without prior Board approval nor give direction to the General Manager, staff, legal
counsel or consultants without prior Board approval (see also Section 4.1 A). Directors
do not represent any fractional segment or region of the community, but are part of a
legislative body that represents and acts for the District as a whole. Since Directors are
elected officials, no Director may delegate his/her authority to act as a Director.
4.0 DUTIES, RESPONSIBILITIES AND CONDUCT
4.1 Duties and Responsibilities
A. The Board's primary responsibility is the formulation and evaluation of District
policy. The General Manager is responsible for running the District's business.
Routine matters concerning operational aspects of the District are delegated to
professional staff members by the General Manager. Directors are responsible for
monitoring District progress in attaining its goals and objectives, while pursuing its
mission. The Board establishes goals, objectives, expectations, and
measurement criteria for the General Manager's performance. Board members
shall provide policy direction and instructions to the General Manager on matters
within the authority of the Board by a majority vote during a duly convened meeting
of the Board.
B. In order to assist in the governance of the behavior between and among members
of the Board, the following practices shall be observed:
1. The dignity, style, values and opinions of each Director shall be respected.
2. Responsiveness and attentive listening in communication is encouraged.
3. The needs of the District's constituents shall be the priority of the Board of
Directors.
4. Directors shall commit themselves to emphasizing the positive, avoiding
double talk, hidden agendas, gossip, backbiting, and other negative forms
of interaction.
5. Directors shall commit themselves to focusing on issues and not
personalities. The presentation of the opinions of others shall be
encouraged. Cliques and voting blocks based on personalities rather than
issues shall be avoided.
6. Differing viewpoints are healthy in the decision-making process. Individuals
have the right to disagree with ideas and opinions, but without being
disagreeable. Once the Board takes action, Directors shall commit to
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 4
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supporting said action and not create barriers to the implementation of said
action.
C. In order to maintain effective working relationships and support the chain of
command, the following procedures shall be followed:
1. Board members shall address matters within the authority of the General
Manager through the General Manager, not directly through District
employees, legal counsel, or consultants.
2. Accordingly, individual Directors' requests for information as necessary to
assist in decision making and policy direction shall always be made to the
General Manager and shall be traGke d by general t0pin fE)r fi its iro rofeFeRGe.
3. Requests for readily available written information, documents, reports,
studies, or analyses shall not require formal Board approval.
4. Requests that require more than four hours of staff or consultant time for
compilation, or if they require less than four hours but are of a recurring
nature, shall be approved by a majority vote of the Board during a duly
convened meeting.
5. Responsive materials to Directors' requests for information shall be
distributed by the General Manager or his/her designee to all Board
members at the same time.
6. If the General Manager's response is deemed inadequate, a Director may
contact the Board President or raise the issue directly at a Board meeting,
where the Board shall determine by majority vote whether or not the issue
warrants attention and if so, schedule it for a future meeting.
7. The General Manager or his/her designee's time spent with Directors or
responding to Directors' requests shall also be tracked and made available
to the Board for evaluation on a quarterly basis.
8. If the General Manager anticipates being unavailable, he/she shall notify
the Board in advance and provide a designee contact.
9. When the General Manager is unavailable in person or by technological
means, Board members, at their discretion, may contact the General
Manager's designee.
10. Board members shall refrain from making requests directly to District
employees or legal counsel to undertake analysis, perform work
assignments or change the priority of work assignments. District employees
have been instructed to notify the General Manager of all requests received
from a Board member within 48 hours.
11. If approached by an employee concerning District policy, Board members
shall direct inquiries to the appropriate staff supervisor or General Manager.
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12. In handling complaints from residents and property owners of the District,
said complaints shall be referred directly to the General Manager.
13. In handling matters related to public safety, concerns shall be reported to
the General Manager or the District office. Emergency situations shall be
dealt with immediately by seeking appropriate assistance.
14. In seeking clarification for policy -related concerns, especially those
involving personnel, legal action, land acquisition and development,
finances and programming, said concerns shall be referred directly to the
General Manager.
D. The work of the District is a team effort. All individuals shall work together in the
collaborative process, assisting each other in conducting the affairs of the District.
1. When responding to constituent requests and concerns, Directors shall be
courteous, responding to individuals in a positive manner and routing their
questions through appropriate channels.
2. Directors shall develop a working relationship with the General Manager
wherein current issues, concerns and District projects can be discussed
comfortably and openly.
3. Directors shall function as a part of the whole. Issues shall be brought to
the attention of the Board as a whole, rather than to individual members
selectively.
E. Directors shall attend all meetings of the Board, including committee, agency, and
intergovernmental meetings to which they may be assigned, unless there is good
cause for absence, and be properly prepared for participation and deliberation.
F. Should a Director have a question related to an agenda item when preparing for a
meeting, such questions should be submitted to the General Manager at least 24
hours in advance of the meeting.
G. New Directors shall participate in a minimum of six hours of basic governance
training within one year from the first day of service with the District and every
„oars thereafter. Participation in the Governance Foundations course, offered by
the California Special District Association's Special District Leadership Academy
or Special District Leadership Foundation approved equivalent, shall satisfy the
basic governance training requirement.
H. The Board shall review the policies and procedures contained in this manual on
af} biennialannual basis or more often as required.
I. The Board shall also perform an assessment of the governing body's effectiveness
and its relationship with staff on an annual basis before October 31st. The Board
may utilize the survey included in this manual (see Exhibit B) or choose another
method for accomplishing this task.
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4.2 Code of Conduct and Ethics
A. It is the policy of the District to require the highest standards of ethics from its Board
members. The operation of the District requires that decisions and policy be made
within the proper channels of governmental structure, that the public office not be
used for personal gain, and that all individuals associated with the District remain
impartial and responsible towards the public. Accordingly, it is the policy of the
District that Board members shall maintain the highest standard of personal
honesty and fairness in carrying out their duties. The following are requirements
for ethical conduct to be followed by the Board:
1. Board members are obligated to uphold the Constitution of the United
States and the Constitution of the State of California, and to uphold the laws
of national, state and local governmental agencies. Board members shall
comply with all applicable laws regulating their conduct, including conflicts
of interest, financial disclosure and open government laws. It is the
responsibility of Board members to conduct themselves both professionally
and personally in a manner above reproach and to avoid the appearance of
impropriety.
2. New Directors shall participate in a minimum of two hours of ethics
compliance training and two hours of harassment prevention training as
soon as practical, but not more than six months, from the first day of service
with the District and at least once every two years thereafter. A Director
who serves on more than one local agency board may satisfy this
requirement by obtaining such training once every two years without regard
to the number of boards on which he/she serves. The District shall provide
information regarding available training on an annual basis. All Directors
shall provide a copy of proof of participation in these trainings to the District.
Copies of proofs of participation shall be considered public documents and
shall be retained for a minimum of five years.
3. Board members in the performance of their official duties and
responsibilities shall neither harass nor discriminate against any individual
on the basis of their protected classification (s), the perception of any
individuals protected classification(s), or because the individual associates
with a person who has or is perceived to have a protected classification(s).
The term "Protected Classification" includes race, religion, color, sex
(including gender, gender identity, gender expression, transgender,
pregnancy, and breastfeeding), sexual orientation (including
heterosexuality, homosexuality and bisexuality), national origin, ancestry,
citizenship status, marital status, age, medical condition, genetic
characteristics or information, military or veteran status, and physical or
mental disability (whether perceived or actual). No Board member shall
grant any unfair or inappropriate consideration, treatment, or advantage to
any individual or group beyond that which is available to others or groups
with the same circumstances.
4. Except where specifically authorized by the General Manager in the public
interest, no Board member shall knowingly use or permit the use of District -
owned vehicles, equipment, telephones, materials or property, nor require
a District employee to perform services for personal convenience or profit.
Yorba Linda Water District Board of DlreCV— ...—yes and Procedures Manu.., 7
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Board members shall safeguard the District's property, equipment, moneys,
and assets against unauthorized use or removal, as well as from loss due
to criminal act or breach of trust.
5. Board members shall not disclose information that legally qualifies as
confidential to unauthorized individuals without approval from a majority
vote of the Board and consultation with legal counsel. This includes
information that (1) has been received during a Closed Session; (2) is
protected from disclosure under the attorney/client or other evidentiary
privilege; or (3) is not required to be disclosed under the California Public
Records Act. A Board member may make a confidential inquiry or
complaint to a district attorney or grand jury concerning a perceived violation
of law, including disclosing facts to a district attorney or grand jury
necessary to establish the alleged illegality of a District action. Prior to
disclosing confidential information, however, a Board member shall first
bring the matter to the attention of either the President or the full Board.
6. Board members shall avoid conflicts, or perceived conflicts of interest in
connection with District decisions and activities.
a. A Board member shall not have a financial interest in a contract with
the District, which includes the purchase or sale of goods and
services. The Board shall not authorize any District contract if a
Board member is financially interested in the contract.
b. A Board member shall not participate in the discussion, deliberation
or vote on a matter before the Board, or attempt to influence a
decision of the Board, if the Board member has a financial interest,
which is prohibited under California law. If a Board member believes
that he/she may be disqualified from participation in the discussion,
deliberations or vote on a particular matter due to a financial interest,
the following procedures shall be followed:
L If a Board member becomes aware of the potential conflict of
interest before a Board meeting at which the matter will be
discussed or acted on, the Board member shall notify the
General Manager and legal counsel of the potential conflict of
interest so that a determination can be made whether it is a
disqualifying conflict of interest.
ii. If it's not possible for a Board member to discuss the potential
conflict with the General Manager and legal counsel before
the meeting, or if the Board member does not become aware
of the potential conflict until during the meeting, the Board
member shall immediately disclose the potential conflict
during the Board meeting (see Exhibit C), so that there can be
a determination as to whether it is a disqualifying conflict of
interest.
iii. Upon a determination that there is a disqualifying conflict of
interest, the Board member shall: (1) publicly identify the
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 8
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interest that gives rise to the conflict or potential conflict in
sufficient detail to be understood by the public; (2) recuse
themselves from participating in the discussion, deliberation
or vote on the matter for which a conflict of interest exists,
which shall be so noted in the Board minutes; and (3) leave
the room until after the discussion, vote and any other
disposition of the matter is concluded. The Director shall not
be counted toward achieving a quorum while the item is
discussed. This process also applies when the disqualifying
conflict of interest is on the Consent Calendar except the
Director is not required to leave the room.
C. A Board member shall not recommend the employment of a relative
to the District or to a vendor, contractor or consultant known by the
Board member to be bidding or negotiating a contract with the
District.
7. To avoid non-compliance with the Ralph M. Brown Act, Directors are
prohibited from sending and receiving electronically produced messages
during meetings.
8. For a period of one year after leaving office, former Board members shall
not represent any non-governmental entities before the District for
compensation. This restriction shall not apply to governmental entities.
B. Board members are prohibited from soliciting political funds or contributions at
District facilities and prohibited from using the District's seal, trademark, logo,
branding, stationary or other indicia of the District's identity, in any solicitation for
political contributions contrary to State law. A Board member shall not accept,
solicit or direct a political contribution from:
1. District employees or legal counsel.
2. Consultants or contractors used by the District in the past 12 months.
3. Individuals, entities, vendors, consultants, sub -consultants, contractors, or
sub -contractors which have a personal or financial interest in a contract or
other matter while it is pending before the District and for 6 months after the
District renders a final decision on that contract or other matter.
C. The appointment or election of a Board member to a public entity, other than the
District, may result in action that is contrary or inconsistent with the interests of the
District and could result in loss of the member's position of the Board. Board
members may, with consent of the Board, consult with legal counsel and the Board
may authorize a request for an opinion from the Attorney General of the State of
California as to the incompatibility of offices.
D. No Board member shall receive or agree to receive, directly or indirectly, any
compensation, reward, honoraria or gift from any source except for recognition
from the District for any action related to the conduct of the District's business. A
Board member shall not accept gifts that exceed the limitations specified in
California law. Any and all gifts, campaign contributions, income and financial
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 9
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information shall be disclosed as required under the provisions of the Political
Reform Act of 1974 and applicable regulations adopted by the Fair Political
Practices Commission.
E. Board members and persons elected or appointed, who have not yet assumed
office as members of the Board, shall fully comply with the provisions of the Ralph
M. Brown Act.
F. The General Manager has primary responsibility for (1) ensuring compliance with
the District's personnel policies and procedures; (2) ensuring that District
employees do not engage in improper activities; (3) investigating allegations of
improper activities; and (4) taking appropriate corrective and disciplinary actions.
The Board ensures that the General Manager is operating the District according to
the law and the policies approved by the Board.
Board members shall disclose to the General Manager, to the extent not
expressly prohibited by law, improper activities within their knowledge.
Board members shall not interfere with the General Manager's
responsibilities in identifying, investigating and correcting improper
activities, unless the Board determines the General Manager is not properly
carrying out these responsibilities.
2. A Board member shall not directly or indirectly use or attempt to use the
authority or influence of the position to intimidate, threaten, coerce,
command or influence any person for the purpose of preventing such
person from acting in good faith to bring to the attention of the General
Manager or the Board any information that, if true, will constitute a work-
related violation by a Board member or District employee of any law or
regulation. This includes, but is not limited to (1) misappropriation or waste
of District funds; (2) abuse of authority; (3) creating substantial danger to
public health or safety by an act or omission of a District official or employee;
(4) use of a District office or position or of District resources for personal
gain; or (5) a conflict of interest of a Board member or employee.
G. Directors are not subject to the District's Conflict of Interest Codes, but are subject
to the disclosure requirements of the Political Reform Act. Directors are required
to file a Statement of Economic Interests (Form 700) with the County when
assuming office, on an annual basis thereafter, and when leaving office. Filing of
these forms shall be performed using the County's e -file system.
H. Directors appointed to other agency's boards (e.g. OCSD or ACWA-JPIA) shall be
required to file Form 700's in accordance with that respective agency's Conflict of
Interest Codes.
The following procedures shall be followed when any member of the Board
reasonably believes that another member of the Board has engaged in alleged
misconduct or has failed to act in the best interests of the District. These
procedures shall not be effective in any case in which a non -board member seeks
redress for alleged misconduct by a Board member. While the Board has
discretion in deciding the actions it may choose to take in response to a complaint,
this section provides definitions and procedures related to three types of actions:
admonition, sanction and censure.
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1. Admonition is the least severe form of action. An admonition may typically
be directed to all members of the Board, reminding them that a particular
type of behavior is not in the best interests of the District, and that, if it occurs
or is found to have occurred, could cause a member to be subject to
sanction or censure. An admonition may be issued in response to a
particular alleged action or actions, although it will not necessarily have to
be triggered by a complaint of misconduct. An admonition may be issued
by the Board prior to any findings of fact regarding any complaint, and
because it is a warning or reminder, will not necessarily require an
investigation.
2. Sanction is the next most severe form of action. Sanction shall be directed
to an individual member of the Board based on a particular action (or set of
actions) that is determined to be misconduct but is considered by the Board
not to be sufficiently serious to require censure. A sanction may be based
upon the Board's review and consideration of a complaint. A sanction may
be issued by the Board, and because it is not punishment or discipline, will
not necessarily require an investigation.
3. Censure is the most severe form of action. Censure is a formal statement
of the Board officially reprimanding one of its members. It is a punitive
action, which serves as a penalty imposed for misconduct, but it carries no
fine or suspension of the rights of the member as an elected official. It can
however, include such actions as the disapproval of expense
reimbursement requests, de -authorization of attendance at conferences,
seminars and other activities at District expense, removal of the member
from Board committee, agency and intergovernmental meeting
assignments, and other such remedies as may be deemed appropriate by
the Board. Censure shall only be used for cases in which the Board
determines that the misconduct is a serious offense. In order to protect the
overriding principle of freedom of speech, the Board shall not impose
censure on any of its members for the exercise of his/her First Amendment
rights, no matter how distasteful the expression was to the Board or the
District. However, nothing herein shall be construed to prohibit the Board
from collectively condemning and expressing their strong disapprobation of
such remarks. Before the imposition of a censure, the Director accused of
a violation shall be entitled to written notice of the allegation, the right to
provide a written response to the allegation, and an opportunity to respond
in writing as to the results of an investigation.
J. All complaints shall be submitted in writing to the General Manager and/or the
District's legal counsel for review and determination as to whether there is
sufficient basis for further action. Complaints that specifically seek admonition,
sanction or censure as a specific remedy shall be treated as a request for that
remedy. Once a complaint has been filed, the General Manager, in conjunction
with legal counsel, shall bring the matter before the Board. The Director named in
a complaint shall be given an opportunity to respond to the complaint in writing. If
the Board determines, in consultation with legal counsel, that an investigation is
warranted, the Board shall initiate an investigation by the appropriate investigator,
entity or authority, as determined in the reasonable discretion of the Board. In the
event of such an investigation, a report of the findings of said investigation, along
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with the accused Director's written response to the report, shall be presented to
the board for majority action. If there is no merit, the matter shall be disposed of
with no further action. When the Board decides, based upon findings and the
accused Director's defense, that a violation has occurred, it may choose to impose
one of the above listed internal remedies. Any action taken by the Board to impose
a sanction or censure, shall be taken by way of written resolution.
K. At any point during any of these processes, the Board may refer the matter, as
appropriate, to the Orange County District Attorney or other proper authorities for
possible investigation, enforcement or prosecution. Prior to or following such
referral, the Board may also proceed with any of the actions described in this
section.
5.0 COMPOSITION, TERMS AND VACANCY
5.1 The District shall have a Board of five Directors each of whom, whether elected or
appointed, shall be a voter of the District.
5.2 The term of office of each Director, other than Directors appointed to fill an unexpired
term, shall be four years. Terms of office are staggered, with elections held in November
of every even numbered year.
5.3 Elections are held at large, which means that all voters throughout the District have the
opportunity to vote for any person seeking election.
5.4 Before entering upon the duties of his/her office, each Director shall take and subscribe
the official oath and file it with the Secretary. The oath of office may be taken before the
Secretary, any member of the Board, or any officer authorized by law to administer oaths.
5.5 Each Director elected or appointed shall hold office until his/her successor qualifies.
5.6 If a person elected fails to qualify, the office shall be filled as if there were a vacancy in
the office.
5.7 From time to time a vacancy may occur on the Board for a variety of reasons. An office
becomes vacant on any of the following events before the expiration of a Director's term:
A. Death of an incumbent;
B. A court's declaration that the incumbent is physically or mentally incapacitated;
C. Resignation;
D. Removal from office;
E. Ceasing to be an inhabitant of the District;
F. Absence from the state beyond periods allowed by law;
G. Ceasing to discharge the duties of the office for three consecutive months;
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 12
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H. Conviction of a felony;
Refusal or neglect to file required oath of office;
J. Declaration by a competent tribunal that election or appointment is void; or
K. Commitment to a hospital or sanitarium by a court of competent jurisdiction.
5.8 All vacancies occurring in the office of Director shall be filled pursuant to Section 1780 of
the Government Code. The District shall notify the county elections official of the vacancy
no later than 15 days after the Board is notified of the vacancy or the effective date of the
vacancy, whichever is later.
A. The remaining members of a five person board may fill a vacancy by appointment.
The appointee shall hold office until the District general election 130 days or more
after the effective date of the vacancy. Appointments shall be made within 60 days
after the effective date of the vacancy. Notice of the vacancy shall be posted in
three or more conspicuous places within the District and published in a newspaper
of general circulation at least 15 days prior to an appointment. The remaining
members may call an election to fill the vacancy within 60 days of the vacancy, in
lieu of an appointment, on the next available election date provided by Chapter 1
of Division 1 of the Election Code that is 130 days or more after the vacancy.
B. If the vacancy is not filled or an election called within 60 days of the vacancy, the
County Board of Supervisors may fill the vacancy within 90 days of the vacancy or
order the District to call an election to fill the vacancy.
C. If neither (A) or (B) has occurred within 90 days, the District shall call an election
to be held on the next available election date provided by Chapter 1 of Division 1
of the Election Code that is 130 days or more after the vacancy occurs.
D. If the remaining Board falls below a quorum, the Board of Supervisors may waive
the 60 day period provided in (A) and appoint immediately, or may call an election
to fill the vacancy under Chapter 1 of the Election Code. The Board of Supervisors
shall only fill enough vacancies to provide a quorum.
E. Appointees shall hold office until the next District general election. Electees shall
hold office for the unexpired balance of the term of office.
5.9 If a Director's place of residence is moved outside District boundaries, and if within 180
days of the move the Director fails to reestablish a place of residence within the District,
it shall be presumed that a permanent change of residence has occurred and that a
vacancy exists on the Board.
6.0 OFFICERS
6.1 President and Vice President
A. A President and Vice President of the Board shall be elected annually at the
District's reorganization meeting held at the first regular meeting of the Board in
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 13
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December of each year. The President shall assume the chair of the Presiding
Officer immediately after election.
B. The President shall make committee, agency, and intergovernmental meeting
assignments, subject to consent of the Board, annually by the first meeting of the
Board of Directors to be held in January of the subsequent year.
C. If the President is absent from a meeting of the Board, the Vice President shall
serve as the Presiding Officer. If both the President and Vice President are absent,
the Secretary shall take the chair so that the Directors present may elect a
Presiding Officer. Upon late arrival of the President or Vice President at the
meeting, the chair shall be relinquished at the first opportunity not disruptive to the
conduct of business.
D. In the event the President becomes incapacitated or is otherwise unable to act in
his/her official capacity, as determined by a majority vote of the Board, the Vice
President shall serve until the incapacity is cured or relieved. In the event the Vice
President becomes incapacitated or is otherwise unable to act in his/her official
capacity, as determined by a majority vote of the Board, an interim Vice President
shall be elected at the District's next regular meeting of the Board to serve until the
incapacity is cured or relieved.
E. The Presiding Officer, established pursuant to these policies, shall conduct the
proceedings of the Board.
F. The Presiding Officer shall sign all ordinances, resolutions and contract documents
approved and adopted by the Board.
G. The President and Vice President of the Board shall serve as the President and
Vice President of the Public Financing Corporation and Chair and Vice Chair of the
Financing Authority. The Officers of the Corporation and the Authority shall be
affirmed annually at the District's reorganization meeting held at the first regular
meeting of the Board in December of each year or as necessary.
H. Individuals serving as President or Vice President of the Board and the
Corporation, and Chair and Vice Chair of the Authority, may be removed from
office by a majority vote of the Board.
7.0 APPOINTED STAFF AND OTHERS
Appointed Staff, as defined in this section, shall mean the General Manager, Board Secretary,
Assistant Board Secretary and Treasurer, who are appointed by the Board.
7.1 General Manager, Secretary, Assistant Secretary and Treasurer
A. A General Manager shall be appointed by a majority vote of the Board and serve
at the pleasure of the Board. The General Manager shall perform all duties set
forth in County Water District Law, set forth in these policies, set forth in the
General Manager's contract with the District, imposed by the Board, and in
accordance with governing laws and regulations. In summary, the General
Manager shall: (1) have full charge and control of the maintenance, operation, and
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 14
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construction of the water works or water works system of the District; (2) have full
power and authority to employ and discharge all employees and assistants at
pleasure; (3) prescribe the duties of employees and assistants; (4) fix and alter the
compensation of employees and assistants subject to budget limitations as
approved by the Board; (5) perform other duties imposed by the Board; and (6)
report to the Board in accordance with the rules and regulations as adopted by the
Board.
B. A Secretary and Assistant Secretary shall be appointed by a majority vote of the
Board and serve at the pleasure of the Board. The Secretary, or the Assistant
Secretary in the absence of the Secretary, shall attest all ordinances and
resolutions approved and adopted by the Board, countersign all contract
documents approved and adopted by the Board, prepare the minutes of each
meeting held by the Board, and perform all duties set forth in the County Water
District Law, set forth in these policies, imposed by the Board, and in accordance
with governing laws and regulations.
C. A Treasurer shall be appointed by a majority vote of the Board and serve at the
pleasure of the Board. The Treasurer shall perform all duties set forth in the
County Water District Law, set forth in these policies, imposed by the Board, and
in accordance with governing laws and regulations. The Treasurer shall install and
maintain a system of auditing and accounting that shall completely and at all times
show the financial condition of the District.
D. A member of the Board shall not serve as the General Manager, Secretary,
Assistant Secretary or Treasurer. The same person may be appointed as General
Manager and Secretary or Secretary and Treasurer. There shall be no additional
compensation for also serving as Secretary, Assistant Secretary or Treasurer if the
individual so serving is an employee of the District.
E. The Secretary, Assistant Secretary, and Treasurer of the District shall serve as the
Secretary, Assistant Secretary, and Treasurer of the Public Financing Corporation.
The General Manager, Finance Manager, and Executive Assistant, shall serve as
the Executive Director, Treasurer, and Secretary of the Financing Authority.
Appointed staff of the Corporation and Authority shall be affirmed annually at the
District's reorganization meeting held at the first regular meeting of the Board in
December of each year or as necessary.
F. The District shall insure against losses caused by an officer or employee of the
District in lieu of providing a bond or bonds. The amount and terms of this
insurance coverage shall be equivalent to the provisions specified in the District's
insurance policy for Crime Coverage — Public Employee Theft.
G. Individuals serving as General Manager, Secretary, Assistant Secretary, or
Treasurer of the Board and the Corporation, and Executive Director, Treasurer,
and Secretary of the Authority, may be removed from their appointments by a
majority vote of the Board.
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7.2 District Legal and Labor Counsel
A. The District's Legal and Labor Counsel are law firms that are appointed by the
Board of Directors and report to the Board during Board meetings.
Legal Counsel shall serve as the attorney for the District in all legal matters
pertaining to the operation, maintenance, and other related business of the
District. Legal Counsel shall perform such duties as the Board or General
Manager may request, and shall (1) review all Board actions to insure
legality and acceptability under law; (2) prepare or review legal documents
and provide legal counsel, as required by the Board or General Manager;
and (3) attend and/or participate in Board meetings and other meetings as
directed by the Board or the General Manager.
2. Labor Counsel shall serve as the attorney for the District in all legal matters
pertaining to employment law and other related business of the District.
Labor Counsel shall perform such duties as the Board or General Manager
may request, and shall (1) review all employment related matters to insure
legality and acceptability under law; (2) prepare or review employment and
laborlab er related documents and provide legal counsel, as required by
the Board or General Manager and (3) attend and/or participate in Board
meetings and other meetings as directed by the Board or the General
Manager.
7.3 District Auditor
A. The District's Auditor is a certified audit firm that is appointed by and reports to the
Board, and that conducts the District's annual audit and prepares the District's
annual audit report. The District's auditor shall be rotated on a periodic basis.
Contracts for independent auditing services shall be awarded for an initial period
of three years, with the option of extending up to two subsequent years (for a
maximum total of five), unless otherwise determined by the Board.
7.4 Consultants
A. The Board may from time -to -time select, retain, compensate, define the scope and
efforts of, and dismiss consultants to support or provide information to the Board
in developing policy level decisions or in implementing Board actions. In doing so,
the Board shall delegate to the General Manager the responsibility for day-to-day
direction of the work of the consultant.
8.0 COMMITTEES
8.1 From time to time, the Board may establish committees, whether standing or ad hoc, to
assist with the performance of its duties and policy advice. In keeping with the Board's
broader focus, committees shall not direct the implementation of District programs and
projects. Committees shall assist the Board by preparing policy alternatives and
implications for Board consideration. Committees shall not act on the Board's behalf
unless authorized by a majority vote of the Board. Said authorization shall not conflict
with the duties assigned to the General Manager. In order to preserve the organizational
structure and support the chain of command, committees shall not exercise authority over
staff or staff operations.
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8.2 The purpose of each established committee shall be reviewed by the Board on an annual
basis, prior to making Director assignments, in order to determine their continuing
relevance.
8.3 The Board previously adopted the Fair Political Practices Commission's (FPPC) Form
806 as the District's official form for reporting public official appointments and has directed
staff to post a completed form on the District's website in accordance with the
requirements set forth in FPPC Regulation 18705.5.
9.0 DIRECTORS' COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT
9.1 Directors' Compensation
A. As of January 23, 2003, compensation for members of the Board shall be $150
per day for each day's attendance at meetings of the Board and other meetings
attended at the request of the Board, including reasonable and necessary travel
time (see Appendix 1). Compensation for any type of service shall not exceed ten
days in any calendar month.
B. Director attendance at events sponsored by the following organizations shall be
preauthorized subject to budget limitations as approved by the Board:
1. Association of California Water Agencies (ACWA)
2. Association of California Water Agencies — Joint Powers Insurance
Authority (ACWA-JPIA)
3. American Water Works Association (AWWA)
4. California Association of Sanitation Agencies (CASA)
5. California Special Districts Association (CSDA)
6. California -Nevada Section of American Water Works Association (CA -NV
AWWA)
7. Chambers of Commerce
8. City, County and State Governmental Agencies (Including meetings with
elected/appointed officials and staff.)
9. Colorado River Water Users Association (CRWUA)
10. Educational Institutions
11. Independent Special Districts of Orange County (ISDOC)
12. Metropolitan Water District of Southern California (MWD or MET)
13. Municipal Water District of Orange County (MWDOC)
14. Non-political Community Service Organizations
15. Orange County Local Agency Formation Commission (OC LAFCO)
16. Orange County Sanitation District (OCSD)
17. Orange County Water Association (OCWA)
18. Orange County Water District (OCWD)
19. Special District Leadership Foundation (SDLF)
20. Urban Water Institute (UWI)
21. Water Advisory Committee of Orange County (WACO)
C. Director attendance at events sponsored by any other organization than those
listed above requires preapproval or ratification by a majority vote of the Board in
order to be considered as an activity for the purposes of compensation.
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D. Directors shall complete an Activity Report and Compensation Form (see Exhibit
D) on a monthly basis. Directors have until the 15th day of the following month to
file said reports with the General Manager or his/her designee. If an activity report
is not returned by this deadline, no compensation shall be paid to the Director for
that reporting period. Exceptions to this provision shall be presented to the Board
of Directors for review and approval.
E. All activity reports shall be reviewed and approved by the President or the Vice
President. The President's activity report shall be reviewed and approved by the
Vice President.
F. Increases in compensation are limited to five percent for each calendar year
following the operative date of the last adjustment. The Board shall consider its
compensation rate following the reorganization meeting held at the first regular
meeting of the Board in December of each year. If the Board recommends an
increase in the amount of compensation, an Ordinance shall be considered and
adopted by the Board according to the following procedures:
1. A public hearing shall be held prior to adoption of the Ordinance.
2. Notice of the hearing shall be published in a newspaper of general
circulation once a week for two successive weeks prior to the public hearing.
3. The Ordinance shall become effective 60 days from the date of its final
passage.
G. The District does not provide any of its Directors with loans.
9.2 Benefits
A. Directors and their eligible dependents may participate in the health benefits plans
provided by the District, including medical, dental and vision plans. The District
shall pay the premium amount for Directors and 2/3 of the premium amount for
eligible dependents. Directors are responsible for paying the balance of the
premium amount for eligible dependents. Health benefits provided to Directors
shall not be greater than the most generous plan being offered to any group of
District employees. A Director is also eligible for District -provided post -service
health benefits if the following conditions are satisfied: the Director's term began
before January 1, 1995 and continued uninterrupted until on or after May 27, 2010;
and the Director began receiving health benefits from the District before January
1, 1994. The rate of accrual for post -service health benefits is one year of benefits
for each three years of service to the District as a Director. In addition to the terms
and conditions provided herein, any terms or conditions set forth in the personnel
rules of the District that are applicable to retiree health benefits shall also apply to
post -service health benefits for Directors, except those conditions relating to good
standing and adequate notice of retirement. Directors are also eligible for District -
provided Group Life insurance and Accidental Death and Dismemberment
insurance in amounts up to $10,000 each. Additionally, Directors may elect to
participate in the District's deferred compensation plan. Enrollment in any of the
above benefits plans is subject to the rules and restrictions of the plans.
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9.3 Travel Expense Reimbursement
A. Directors are encouraged to attend conferences, conventions, meetings,
symposiums, intergovernmental meetings and legislative sessions relating to the
mission of the District. Directors shall receive reimbursement or payment of
expenses, according to District rules, incurred in the performance of their duties as
required or authorized by the Board. Attendance at an event must be preapproved
or ratified by a majority vote of the Board during a duly convened meeting in order
to be considered as an activity for the purposes of payment or reimbursement of
travel expenses. Directors' rates for reimbursement and payment of travel
expenses shall not be greater than rates specified for District employees.
B. Directors shall be reimbursed for actual costs to attend activities; as followsnot to
exceed:
Flight:
Trip (Most Economical Class)
Car Rental:
Lodging:
Published Group/Govt Rate)
Meals:
Actual and Necessary Expenses
Coach or Economy Class$350 Per Round
Government/Group Rates$50 Per Day
(Economy to Standard Size Vehicle)
Government/Group Rates$275 Per Night (Or
$12075 Per Day
$4030 Per Day
C. Expenditures for lodging, meals, and transportation shall provide for reasonable
and necessary comfort and convenience. Directors shall be mindful that public
funds are being spent and that only a reasonable and necessary level of expense
is warranted.
D.When available, Directors must use coach class for commercial travel and
group/government rates for lodging. If the group/government rate is not available,
the reimbursable amount shall be limited to the Internal Revenue Service (IRS) per
diem rates. Gannet be the arneu n set forth above On the rare OGG
the gre eyer�on+�Tj mere than the mei i t set ferth abeye the
reimbursable arneunt shall equal the group/gevernment rate. in the event a more
the Feimbursable aMOURt shall be limited
to �hP GGSt of the most eGonemiGal Glass of traRSpertation available as identified
,,..,,
used,
a��..,, ,,..,, `` ,, ^^ b�
D.
E. If an expense does not fall within the reimbursement rates identified in this policy,
it must be preapproved by a majority vote of the Board in a public meeting.
E. For travel by personal vehicle, mileage shall be reimbursed at the IRS rate in effect
at the time of travel. Personally owned vehicles used in the conduct of District
business must be insured for property and liability damage in an amount not less
than the minimum limits required by the California Financial Responsibility Act.
In no case shall the amount paid for mileage reimbursement for use of a
personally owned vehicle used for travel in lieu of air travel exceed the cost of
coach class or equivalent airfare based on the date the Director was
registered to attend an activity or conduct business on behalf of the District.
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F. Meal expenses include the reasonable and necessary costs of meals and
beverages, not including alcoholic beverages. Meal expenses shall be
reimbursed on a daily basis not to exceed $75 per day. Meal expenses for
partial days shall be reimbursed on a meal by meal basis as follows: $15 for
breakfast, $25 for lunch, and $35 for dinner. Said maximums for meal expenses
exclude taxes and gratuities which are considered actual and necessary
expenses (see Section 9.3. G). Any amount spent over the daily or partial day
reimbursable amounts set forth in this section may not be deducted from
another day's reimbursable amount during that same activity. Additionally, any
amounts not spent over the daily or partial day reimbursable amounts set forth
above may not be added to another day's reimbursable amount during that
same activity. No reimbursement shall be provided for alternative meals when the
District has paid for the cost of the activity including any incorporated meals.
Attendance at receptions before dinner shall not be considered a meal.
F. Reimbursement for taxi, rideshare, rail, bus, or other reasonable -ground
transportation shall be for actual costs plus tip not to exceed 20% and applicable
taxPc
G. Reimbursement for parking and toll charges shall be for actual costs.
H. Meal expenses include the reasonable and necessary costs of meals and
beverages, not including alcoholic beverages. Meal expenses shall be
reimbursed on a daily basis not to exceed $12075 per day. Meal expenses for
partial days shall be reimbursed on a meal by meal basis as follows: $2015 for
breakfast, $4025 for lunch, and $6035 for dinner. Said maximums for
meal expenses exclude taxes and gratuities which are considered
actual and necessary expenses (see Section 9.3. 1). Any amount spent over
the daily or partial day reimbursable amounts set forth in this section may not
be deducted from another day's reimbursable amount during that
same activity. Additionally, any amounts not spent over the daily or partial
day reimbursable amounts set forth above may not be added to another
day's reimbursable amount during that same activity. No reimbursement
shall be provided for alternative meals when the District has paid for the cost
of the activity including any incorporated meals. Attendance at receptions
before dinner shall not be considered a meal.
I. Actual and necessary expenses include taxes and gratuities for meals, tips for
porters, baggage carriers, bell hops, and housekeepers. This does not include the
cost of laundry, cleaning or pressing of clothes, or telephone calls.
J. Reimbursement of all reasonable and necessary expenses for internet service to
conduct District business while traveling shall be for actual costs.
Arranaements for transaortation. lodaina. or reaistration fees that have
cancellation or change penalties shall be carefully monitored by the requesting
Director. If a cancellation or change in arrangements occurs due to a personal
request or obligation of the Director, they shall be responsible for paying the
corresponding penalty, except when determined by a majority vote of the Board
during a duly convened meeting that the reason for the cancellation was legitimate
and authorized.
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H. For travel by personal vehicle, mileage shall be reimbursed at the IRS rate in effect at the time of travel.
Personally owned vehicles used in the conduct of District business must be insured for property and liability
damage in an amount not less than the minimum limits required by the California Financial Responsibility Act. In
no case shall the amount paid for mileage reimbursement for use of a personally owned vehicle used for travel in
lieu of air travel exceed the cost of coach class or equivalent airfare.
K.
L. The District shall not incur any costs for a spouse, or other accompanying person.
I.M. If an expense does not fall within the reimbursement rates identified in this policy,
it must be preapproved by a majority vote of the Board during a duly convened
meeting.
J. N. In order to obtain reimbursement for qualified expenses, the following procedures
must be followed:
1. Directors shall submit a completed Travel Expense Reimbursement Form
(see Exhibit E) for conference, convention or symposium attendance,
together with all original itemized receipts and corresponding route maps,
within 30 calendar days of when the expense was incurred.
2. Directors shall also submit a completed Meeting and Mileage Expense
Reimbursement Form (see Exhibit F) for local meeting attendance, together
with all original itemized receipts and corresponding route maps, within 30
calendar days following the end of each month.
3. If the Director does not file an expense report within the above listed
deadlines, the District will not reimburse mileage or out-of-pocket expenses.
Exceptions to this provision shall be presented to the Board of Directors for
review and approval.
4. For any activity that the District prepays expenses, the Director is still
required to file an expense report to ensure that any expenses prepaid by
the District are properly accounted for. Staff shall assist Directors with these
reports as needed. To enforce the timely filing of expense reports the
District may, by majority vote of the Board, stop prepaying conference and
travel expenses.
5. All expense reimbursement requests shall be reviewed and approved by
the President or Vice PresidentFiRaRGe MaRager or the Gen ral MaRager.
The President's requests shall be reviewed and approved by the Vice
President and vice versa. or by another available Director.
6. With the exception of mileage reimbursement, any expense shown on the
form must have a corresponding, attached original itemized receipt or other
verification document. Summary receipts for meals cannot be accepted as
a verification document.
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7. If a receipt is lost or not provided, the Director must submit a completed
Missing Receipt Affidavit Form (see Exhibit G) as substantiation of the
expense.
8. Directors shall also submit a completed Miscellaneous Gratuities Form (see
Exhibit H) for such expenses paid in cash without a receipt.
9. All forms, receipts and verification documents shall be public documents
subject to redaction of any confidential information, such as credit card
numbers.
K.O. A Director shall not attend a conference or training event for which there is an
expense to the District if it occurs after the Director has announced his/her pending
resignation, or if it occurs after an election in which it has been determined that the
Director will not retain his/her seat on the Board. A Director shall not attend a
conference or training event when it is apparent that there is no significant benefit
to the District.
L. P. Directors shall provide a brief report about the activity at the next regular Board
meeting following attendance. Said report shall detail what was learned at the
session(s) that will be of benefit to the District and can be submitted in written or
verbal form though ideally no longer than three minutes. Materials from session(s)
may be delivered to the General Manager for inclusion in the District's library for
future use.
9.4 District Issued Credit Cards
A. Directors shall be issued credit cards for their use while traveling or attending
meetings on behalf of the District. All purchases made with this card shall comply
with the limitations contained in this policy. Personal purchases using this card
are strictly prohibited.
B. Directors shall submit all original itemized receipts along with appropriate forms
(see Section 9.3. J and Exhibits E and F) identifying purchases made with a District
credit card within 30 calendar days of when the expense was incurred.
C. Directors shall report lost or stolen cards to the Finance Manager immediately to
prevent potential liabilities.
D. Directors shall return their card to the Finance Manager when leaving office.
9.5 Communications Expense Reimbursement
A. In order to facilitate operational efficiency and reduce expenses, the Board has
determined that it is in the best interests of the District to have all agendas and
other District information distributed to the Board via electronic means instead of
providing paper copies whenever possible. While Director participation in and
support of this initiative is encouraged, it is not required. Participating Directors
are eligible for the reimbursement of expenses associated with the purchase of
necessary electronic equipment and related items provided:
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1. The Director is an elected official of the District with more than two months
remaining in his/her current term of office.
2. The Director has submitted a completed Communications Expense
Reimbursement Form (see Exhibit 1) in accordance with established
procedures.
3. The District shall provide reimbursement, up to $1,000 including applicable
taxes and fees every four years (or sooner in the event of loss or theft), for
the cost of electronic equipment and related items of the Director's
choosing. Qualifying electronic equipment and related items shall include
tablets, laptop computers, tablet/laptop covers or cases, protective screen
wraps, and downloadable applications specific to the conduct of District
business, such as word processing, spreadsheet or PDF annotation
applications.
4. Expenses that are not reimbursable include, but are not limited to, gift
wrapping, engraving, downloadable applications (other than those used
specifically for conducting District business) and additional adaptors.
5. One hundred percent of the electronic equipment and approved itemized
expenses reimbursed shall be reported on the Director's Form W-2 as
taxable income. In providing this information, the District is not offering tax
advice. Directors having questions concerning the tax implications of
electronic communications reimbursement benefits are urged to contact the
Internal Revenue Service or other experts in tax law.
B. Reimbursements shall be processed when proof of purchase and original itemized
receipts are submitted by the Director along with a completed form within 30 days
of purchase.
C. Failure to submit a completed form within this time frame shall result in a denial of
the Director's request for reimbursement of the expense. Exceptions to this
provision shall be presented to the Board of Directors for review and approval.
1. The electronic equipment and related items for which reimbursement is
provided shall become the property of the Director and all maintenance is
the sole responsibility of the Director.
2. Notwithstanding the foregoing, staff may, from time to time as deemed
necessary, provide paper copies of District information to Directors and
such provision of paper copies shall not affect the reimbursement of
expenses as provided in this section.
D. Should a Director experience a loss or theft of electronic equipment for which the
full or partial expense was reimbursed by the District, said Director shall submit a
written statement and/or police report to the Finance Manager or the General
Manager for auditing purposes prior to requesting reimbursement of expenses for
the purchase of replacement equipment. Requests for reimbursement of
expenses for replacement equipment shall be subject to the limitations and
requirements as set forth above.
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E. All communications expense reimbursement requests shall be reviewed and
approved by the President or Vice PresidentF�TEe—Managerthe General
M . The President's requests shall be reviewed and approved by the Vice
President and vice versa, or by another available Director. Any requests for
reimbursement that fall outside the limitations contained in this policy shall be
reviewed and a_reapproved by a majority vote of the Board during a duly convened
meetingthe Presode„t or Vine President.
9.6 Disclosure of Expenditures/Reimbursements
A. A full accounting of expenditures of public funds under this policy shall be made
and become part of the records of the District.
B. All reimbursements paid by the District of at least $100 for each individual charge
for services or product received, shall be disclosed in an annual report following
the end of each fiscal year. Reimbursement of an individual charge includes, but
is not limited to, one meal, lodging for one day, transportation, or a registration fee
paid to any Director. This report shall be made available for public inspection upon
request.
C. All travel expenses and reimbursements paid by the District on behalf of a Director
shall be disclosed in a quarterly report and provided to the Board for review at a
regular meeting.
10.0 BOARD MEETINGS, GENERAL
All meetings of the Board shall be held at the District's Administration Building located at 1717
East Miraloma Avenue, Placentia, California. All meetings of the Board shall be open and public
and all persons are invited to attend. The District shall continue to implement all applicable
requirements of the Ralph M. Brown Act to ensure transparent, open and responsive
government.
10.1 Regular Meetings
A. Effective June 1, 2022, Aall regular meetings of the Board shall be held on the
second and fourth Tuesday of each month commencing at 6:30 p.m. A workshop
meetiRg shall be hold the feu th Tuesday of eanh month nemmenniRg at 9:30 a m
unless deemed unnecessary by the President or a majority of the Board. Closed
Sessions scheduled to occur on the same day as a regular meeting may be noticed
separately as a special meeting. Any member of the Board may make a motion to
complete any item under discussion during meetings lasting more than four hours
from the time of commencement. All remaining items on the agenda which have
not been acted upon shall be continued to the next regular meeting or as specified
by the Board.
10.2 Special Meetings
A. Special meetings of the Board may be called by the President or a majority of the
Board. Whenever a special meeting of the Board is called, notice in writing shall
be delivered by the Secretary to each Director, and if notice is requested in writing,
to each local newspaper of general circulation and radio or television station. The
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 24
Page 125 of 191
11.0
notice shall be delivered personally or by any other means and shall be received
at least 24 hours in advance of the meeting. The notice shall specify the time and
place of such meeting and the purpose of the meeting. The written notice may be
dispensed with as to any Director who, at or prior to the time the meeting convenes,
files with the Secretary a written waiver of notice (see Exhibit J). The written notice
may also be dispensed with as to any member who is actually present at the
meeting at the time it convenes.
10.3 Emergency Meetings
A. In the event of an emergency situation involving matters upon which prompt action
is necessary due to the disruption or threatened disruption of public facilities, the
Board may hold an emergency special meeting without complying with the 24 hour
notice required in Section 10.2 herein. An emergency situation means a crippling
disaster which severely impairs public health, safety, or both. The President, or
the Vice President in the absence of the President, or the General Manager, may
determine if an emergency situation exists.
B. Whenever an emergency meeting of the Board is called, notice in writing shall be
delivered by the Secretary to each Director, and if notice is requested in writing, to
each local newspaper of general circulation and radio or television station. The
notice shall be delivered personally or by any other means and shall be received
at least one hour in advance of the meeting. In the event that telephonic services
are not functioning, the notice requirement of one hour is waived. The Secretary
shall then notify such newspapers, radio stations, or television states of the fact of
the holding of the emergency meeting, and of any action taken by the Board, as
soon after the meeting as possible.
C. No Closed Session may be held during an emergency meeting, and all other rules
governing special meetings shall be observed with the exception of the 24 hour
notice. The minutes of the emergency meeting, a list of persons the Board or
designee notified or attempted to notify, a copy of the roll call vote(s), and any
actions taken at such meeting shall be posted for a minimum of ten days in the
District office as soon after the meeting as possible.
BOARD MEETINGS, AGENDAS
11.1 Agendas
A. Any matter which is to be considered for approval or adoption by the Board at the
meeting must be submitted to the Board as part of an agenda. All ordinances,
resolutions and contracts shall be reviewed by legal counsel and approved as to
form and legality prior to submission for consideration by the Board.
B. The Secretary shall, under direction of the General Manager, prepare an agenda
of such matters according to Section 11.2 herein, entitled "Order of Business",
including a description of the items to be considered or discussed and, where
deemed appropriate by the General Manager, a staff recommendation for each
item.
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C. A copy of the draft agenda for every meeting of the Board (or Committee) shall be
provided to the President and Vice President (or assigned Committee
members)presiding Chair (should one be appointed) for review prior to posting by
the Secretary.
D. A copy of the finalized agenda for every regular meeting of the Board shall be
posted at least 72 hours prior to the meeting in a place that is freely accessible to
members of the public. Once posted, copies of the complete agenda and
supporting materials shall be available for public inspection during business hours
at the District office and on the District's website.
E. Agendas for all special meetings of the Board shall be posted in the same manner
at least 24 hours prior to the meeting. The agenda for a special meeting of the
Board is limited to only those matters specifically set forth in the purpose of the call
for the special meeting. No other business shall be considered at a special
meeting.
F. All agendas and other District information shall be distributed to the Board via
electronic means instead of providing paper copies. Director incurred expenses
for electronic equipment and related items required for receiving, accessing and
printing all agendas and information shall be reimbursed in accordance with
Section 9.0 herein.
G. A copy of each agenda for a meeting of the Board shall be mailed to members
of the public so requesting them in writing. Any member of the public
requesting a copy of a complete agenda and supporting materials shall be
charged, in advance, for reproduction costs plus mailing expenses. Exceptions
are public agencies, members of the public who request a copy of the agenda
without supporting materials, and individuals requesting a copy of an agenda,
with or without supporting materials, that contains a specific matter involving
that individual as a party.
H. All non-exempt writings related to an agenda item and distributed to a majority of
the Board less than 72 hours prior to the meeting shall be made available for public
review at the same time.
I. Any Director may contact the General Manager and request an item to be placed
on an agenda no later than 2448 hours before an agenda is scheduled to be
closed. In general, all agendas will be closed on Monday's` ednesday at 12:00
p.m. the week prior to the meeting date.
J. Items that require compilation of readily available written information, documents,
reports, studies, or analyses shall not require formal Board approval before
placement on an agenda.
K. Items that require more than four hours of staff or consultant time for compilation,
or if they require less than four hours but are of a recurring nature, shall be
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 26
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approved by a majority vote of the Board during a duly convened meeting before
placement on an agenda.
L. Any member of the public may request that a matter directly related to District
business be placed on the agenda of a regularly scheduled meeting of the Board,
subject to the following conditions:
The request must be in writing and submitted to the General Manager
together with supporting documents and information, if any, at least 10 days
prior to the date of the meeting.
2. The General Manager shall be the sole judge of whether the public request
is or is not a "matter directly related to District business" and if the matter is
to be placed on a future agenda. The public member requesting the agenda
item may appeal the General Manager's decision at the next regular
meeting of the Board. Any Director may request that the item be placed on
the agenda of the Board's next regular meeting.
3. No matter which is legally a proper subject for consideration by the Board
in Closed Session shall be accepted.
4. The Board may place limitations on the total time to be devoted to a public
request issue at any meeting, and may limit the time allowed for any one
person to speak on the issue at the meeting.
M. Any member of the public may request to present electronic material (such as a
PowerPoint presentation) directly related to District business during Public
Comments or in relation to a specific agenda item during a regularly scheduled
meeting of the Board, subject to the following conditions:
The request must be made in writing and submitted to the General Manager
together with all electronic materials at least 12 hours prior to the meeting.
2. The General Manager shall be the sole judge of whether the electronic
material is or is not a "matter directly related to District business" and if the
material is to be presented during a regularly scheduled Board meeting.
The public member requesting to present the electronic material may
appeal the General Manager's decision at the next regular meeting of the
Board. Any Director may request that the electronic material be presented
at the Board's next regular meeting.
11.2 Order of Business
A. Upon convening the meeting at the hour set on the date of each meeting, the
members of the Board, the Secretary and General Manager of the District shall
take their regular stations in the Board Meeting Room, and the business of the
Board shall be taken up for consideration. The Presiding Officer shall immediately
call the Board to order and lead in the Pledge of Allegiance to the flag of the United
States of America.
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B. Before proceeding with the business of the Board, the Secretary shall call the roll
of the Directors. The Secretary shall enter the names of all Directors, Officers,
staff members and visitors (if known) present in the Minutes of the meeting.
C. If a quorum is present, the Secretary shall so advise the Presiding Officer. If a
quorum is not present, the Secretary may adjourn the meeting to a time certain for
the purpose of obtaining a quorum. Any such reconvened regular meeting shall
not constitute a special meeting. In the event a regular or special meeting of the
Board is adjourned to a time and date certain, the Secretary shall post a notice of
adjournment in a place that is freely accessible to members of the public within 24
hours of such adjournment.
D. Three of the five Directors elected or appointed to the Board shall constitute a
quorum for any meeting of the Board. Irrespective of the number of Board
members constituting a quorum for a particular meeting, a majority vote of the
Board shall consist of at least three votes. No ordinance, resolution or motion shall
be passed or become effective without the affirmative votes of at least a majority
of the members of the Board.
E. Directors may attend Board and Committee meetings via teleconference provided
the meeting has been duly noticed as a teleconference meeting in compliance with
requirements of the Ralph M. Brown Act. Duly noticed teleconference locations
may be outside the District's jurisdictional boundaries, but for purposes of
establishing a quorum, at least three Directors must be participating in the meeting
from within the District's jurisdictional boundaries. A Director is entitled to
participate fully in the meeting and vote from a teleconference location, and all
votes shall be taken by roll call. Through January 1, 2024, certain provisions
related to the noticing and conduct of teleconference meetings may be suspended
due to a state of emergency or circumstances that could present imminent risks to
the health and safety of meeting attendees in accordance with the provisions of
AR 361
F. The Presiding Officer may, on his/her own initiative or at the request of any two
Directors, take any item of business out of order, either as to the general order of
business or as to the specific agenda as the Secretary has prepared it.
G. The Board may take action on items not appearing on the posted agenda for
regular meetings under the following circumstances:
Upon determination by a majority vote of the Board that an emergency, work
stoppage or crippling disaster exists that impairs public health and/or safety.
2. Upon determination by a two-thirds vote of the Board, or by all
Directors if only three are present, that a matter came to the attention
of the District subsequent to posting the agenda that needs
immediate action by the Board.
3. When an item was posted on the agenda of, and was continued from, a
meeting held not more than five days earlier.
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H. The Order of Business taken up for consideration by the Board is generally
organized so that high priority matters are addressed at the beginning of the
meeting, and is generally in the following sequence:
1. Introductions and Presentations
2. Public Comments
3. Public Hearings
4. Consent Calendar
5. Action Calendar
6. Discussion Calendar
7. Informational Reports and Other Business
8. Closed Session(s)
9. Adjournment
I. Any person desiring to speak shall first address the chair. Upon recognition by the
Presiding Officer, the speaker shall be invited to state his/her name, representation
and/or affiliation and the matter on which they wish to comment. If the matter
relates to an item on the current agenda, the Presiding Officer shall recognize the
person and invite their comment when the item is considered. Comments are
limited to matters of public interest within the jurisdiction of the District, and shall
be no more than three minutes in length unless a time extension is granted by the
Presiding Officer. A maximum of 20 minutes shall be allotted for each subject
matter pursuant to the discretion of the Presiding Officer. No action shall be taken
on matters not appearing on agenda.
J. The Public Hearings portion of the agenda, if any, shall be held at the time specified
in the legal notice advertising such hearing. In general, the order of procedure for
a public hearing is as follows:
1. Opening of Hearing by Presiding Officer
2. Verification of Notice of Hearing Provided by Board Secretary
3. Reports by General Manager, Staff and/or Consultant
4. Comments from the Public Speaking in Favor and/or Against the Issue
5. Receipt of Written Communications from the Public
6. Continue or Closing of Hearing by Presiding Officer
7. Questions to Staff and Board Discussion
8. Consideration of Action by the Board
K. The Consent Calendar portion of the agenda shall be consideration, in a single
action, of items determined by the Secretary to be routine matters, status reports
or documents implementing previous Board instructions. If a Director has a
question or wishes to discuss a Consent Calendar item, they may do so without
formally removing the item from the Consent Calendar. If, after such discussion,
a Director, staff member or member of the public has a question or wishes to
address a Consent Calendar item further, they may request that the item be
removed for further discussion. The Presiding Officer shall immediately grant such
requests and transfer the removed item to the Action Calendar for later discussion.
Items removed from the Consent Calendar for discussion shall be acted upon
separately. All items remaining on the Consent Calendar shall be considered for
approval by a single motion. Examples of matters appearing on the Consent
Calendar may include, but are not limited to:
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1. Minutes of Previous Board Meetings
2. Approval to Pay Warrants
3. Routine Environmental Assessments
4. Approval of Routine Terms and Conditions for Water and/or Sewer Service
5. Approval of Change Orders (With a dollar value within the General
Manager's authority consistent with the approved purchasing policy.)
6. Approval of Contracts (For projects identified in the adopted budget.)
7. Final Acceptance of Facilities
8. Disposition of Liability Claims
9. Other Routine Administrative Matters
L. The Action Calendar portion of the agenda shall include items requiring staff
presentation and/or Board discussion prior to formal Board action. Items shall
generally be listed in order of priority and with items of a similar nature grouped
together. Items may be addressed out of order upon request and with the consent
of the Presiding Officer.
M. The Discussion Calendar shall include matters that do not require Board action or
that cannot reasonably be expected to result in Board action at that meeting.
Matters appropriate for the Discussion Calendar include technical presentations to
the Board, review of drafts of proposed policies and, in general, items for which
District staff seeks the advice and counsel of the Board. When time permits, the
Board believes the District's best interests are served by discussing more complex
matters at one meeting and considering formal action on them at a subsequent
meeting.
N. The Informational Reports and Other Business portion of the agenda provides an
opportunity for the presentation of reports by the General Manager, reports from
Committees, reports by Directors who have attended outside meetings, and
general comments by Directors. It also provides an opportunity for the Board to
schedule future meetings and assignments on the Board's activity calendar.
Requests for items to be placed on a future agenda shall be subject to the
provisions in Section 11.1 J -K.
O. Closed Sessions are strictly limited to the open meeting exceptions as defined in
the Ralph M. Brown Act. At times, during Board meetings, the Board may adjourn
into Closed Session to discuss personnel matters, real estate negotiations, existing
or anticipated litigation or other matters as specified in the exceptions set forth in
the Brown Act. Appropriate agenda descriptions are also required for Closed
Session items.
P. A motion to adjourn must be moved by a Director and seconded by another
Director, and is subject to debate. No further business can be conducted after an
affirmative vote to adjourn.
Q. The Board may adjourn any regular or adjourned regular meeting to a time and
place specified in the motion of adjournment so approved by the Board.
12.0 BOARD MEETINGS, MINUTES
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12.1 The Secretary shall keep minutes of all Board meetings. Minutes are to record actions
taken and meaningful discussion; they are not intended to be verbatim records. Members
of the public requesting information about a meeting shall be encouraged to listen to the
audio recording made of each meeting. Draft minutes shall be distributed to the Board
for review and approval at the next regular meeting or as soon as possible thereafter.
Minutes may be approved as part of the Consent Calendar.
12.2 The official minutes of all Board meetings shall be kept in a fire -proof vault or in fire-
resistant locked cabinets at the District's Administration office. An audio and/or video
recording shall be made of all regular Board meetings, including public hearings, and
retained in accordance with the District's records retention policy.
13.0 BOARD MEETINGS, CONDUCT
13.1 Guidelines for Discussion
These guidelines are intended to formalize the meeting so that each Director and
members of the public, in due course, may be heard (see also Exhibit K).
A. The Presiding Officer shall decide, subject to a question of order by any Director,
the degree of enforcement of these guidelines at any time during any meeting.
B. The Board prefers a flexible form of meeting, believing that this enhances the
decision-making process and may not always conduct its meetings with formal
"rules of order" or parliamentary procedure.
C. The Presiding Officer shall read aloud the title of each item on the agenda as
considered with the exception of items on the Consent Calendar.
D. Staff will generally provide a presentation for each action or discussion item
following which the Presiding Officer will open the floor to public comment on the
matter under consideration (see Section 11.2 1).
E. Following public comment, the Board will discuss the matter being considered and
address questions or comments to staff.
F. Any Director desiring to speak shall first address the chair. Upon recognition by
the Presiding Officer, the Director may speak freely with respect to the matter then
before the Board but shall confine his/her comments to the subject under
discussion. Any Director, once recognized, shall not be interrupted except by a
call to order from the Presiding Officer. If a Director is called to order, he/she shall
cease speaking until the question or order is determined; if determined to be in
order, they may proceed.
G. Any Director moving the adoption or approval of a matter may call for the question.
H. The Presiding Officer may move, second or debate motions from the chair, subject
only to such limitations of debate as may be imposed on all Directors, and shall
not be deprived of any of the rights and privileges of a Director by serving as the
Presiding Officer. The Presiding Officer may vote on all questions or motions
before the Board, with his/her name being called last in a roll call vote.
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I. True motions to reconsider any Board action must be made at the same meeting
at which the original action was taken; however, any Director may make any other
type of motion at any meeting.
J. Al;metiens shall -be adopted by FG11c-all Yete.The Secretary shall record in the
Minutes any dissenting and abstaining votes, or disqualification from voting due to
a conflict of interest.
K. Unless a Director declares a conflict of interest or abstains, silence shall be
recorded in the Minutes as an affirmative vote.
L. The Presiding Officer for each meeting has the responsibility to preserve order and
decorum. If at any time, a Director believes order is not being maintained or that
procedures being followed are not adequate for the decision-making process at
hand, he/she shall call this fact to the attention of the Presiding Officer and request
corrective action. If the corrective action taken by the Presiding Officer is not
satisfactory, a motion for specific corrective action may be made to the Board. In
that event, a majority vote of the Board shall determine the action to be taken.
M. In the event any person or group of people makes personal, impertinent or
slanderous remarks or becomes boisterous while attending a District Board
meeting, the Presiding Officer shall call for order. If the person or group refuses
to comply with the Presiding Officer's request for order, the Presiding Officer may
declare a recess and summon a law enforcement officer to remove the person(s)
from the room. Once the Presiding Officer takes this action, permission for such
person(s) to remain at the meeting requires a motion approved by a majority vote
of the Board. When, in the judgment of the Presiding Officer, order is restored, the
meeting shall reconvene and continue with the Board's business.
14.0 BOARD ACTIONS AND DECISIONS
14.1 The Board shall act only by Ordinance, Resolution or Motion. The Presiding Officer shall
state each matter as it is presented for consideration by the Board and shall announce
each decision of the Board.
14.2 Ordinances are an authoritative decree or municipal regulation of the District. Ordinances
shall relate to no more than one subject, which shall be clearly expressed in the title of
the ordinance. No ordinance, or section thereof, shall be amended or repealed unless
the new ordinances contains the title of the ordinance or section amended or repealed.
When applicable, ordinances shall be identified to the Board as replacements to existing
ordinances or sections thereof. Ordinances must be moved and seconded and shall be
adopted only by a roll call vote. The Secretary shall record the names of all Directors and
identify them as voting Aye, No, Abstain, or Absent on each adopted ordinance. All
ordinances shall be signed by the Presiding Officer and attested by the Secretary.
Ordinances shall be in full force and effect upon adoption unless otherwise provided by
law, and the Secretary shall be responsible for compliance with any and all legal
requirements for publication of the ordinance.
14.3 Resolutions are a formal expression of opinion, will or intent of the Board. Resolutions
must be moved and seconded and shall be adopted only by a roll call vote. The Secretary
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shall record names of all Directors and identify them as voting Aye, No, Abstain, or Absent
on each adopted resolution. All resolutions shall be signed by the Presiding Officer and
attested by the Secretary.
14.4 Motions are proposals, made by a Director during a Board meeting, for action, inclination
of the mind or will, or a formal proposal made in a deliberative manner by the Board.
Every motion considered by the Board must be moved by a Director, seconded by another
Director and is subject to debate.
14.5 Except where action is taken by the unanimous vote of all Directors present and voting,
the Secretary shall record the names of all Directors and identify them as voting Aye, No,
Abstain or Absent upon the passage of all ordinances, resolutions, or motions and enter
them upon the Minutes of the Board.
15.0 EXHIBITS AND APPENDIXES
Exhibits
A. Acknowledgement
B. Assessment Survey of Governing Body's Effectiveness
C. Sample Conflict of Interest Declarations
D. Activity Report and Compensation Form
E. Travel Expense Reimbursement Form
F. Meeting and Mileage Expense Reimbursement Form
G. Missing Receipt Affidavit Form
H. Miscellaneous Gratuities Form
I. Communications Expense Reimbursement Form
J. Waiver of Written Notice of Special and Emergency Meetings
K. General Guidelines for Parliamentary Procedure
Appendixes
1. Setting Compensation for Members of the Board (Ord. 03-01)
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 33
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RESOLUTION NO. 2022 -XX
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
AMENDING THE BOARD OF DIRECTORS POLICIES AND PROCEDURES AND
RESCINDING RESOLUTION NOS. 18-06,18-15,2020-04, AND 2020-13
WHEREAS, the Yorba Linda Water District was formed pursuant to Division 12 of the
California Water Code; and
WHEREAS, Section 30530 of the Water Code provides that the Board shall establish
rules for its proceedings; and
WHEREAS, such rules for proceedings were formerly established and adopted by
Resolution No. 18-06 and amended by Resolution Nos. 18-15, 2020-04,
and 2020-13; and
WHEREAS, it is the desire of the Board of Directors to further amend these rules to
incorporate and clarify certain topics.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
SECTION 1. The Board of Directors Policies and Procedures are hereby adopted as
attached hereto and by this reference incorporated herein.
SECTION 2. The policies and procedures contained in this manual shall take effect
immediately and Resolution Nos. 18-06, 18-15, 2020-04, and 2020-13 are
hereby rescinded.
PASSED AND ADOPTED this 121h day of April 2022 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
J. Wayne Miller, PhD., 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
Resolution No. 2022 -XX Amending Board Policies and Procedures
Page 135 of 191
YORBA LINDA
WATER DISTRICT
Board of Directors
Policies and Procedures Manual
Last Amended April 12, 2022
I:? -=a IMI I,
Page 136 of 191
TABLE OF CONTENTS
1.0
PURPOSE AND SCOPE......................................................................................................................3
2.0
MISSION, VISION AND CORE VALUES...........................................................................................3
2.1 Mission Statement........................................................................................................................................3
2.2 Vision............................................................................................................................................................3
2.3 Core Values..................................................................................................................................................3
3.0
BASIS OF AUTHORITY........................................................................................................................4
4.0
DUTIES, RESPONSIBILITIES AND CONDUCT...............................................................................4
4.1 Duties and Responsibilities...........................................................................................................................4
4.2 Code of Conduct and Ethics.........................................................................................................................7
5.0
COMPOSITION, TERMS AND VACANCY......................................................................................12
6.0
OFFICERS............................................................................................................................................13
6.1 President and Vice President.....................................................................................................................13
7.0
APPOINTED STAFF AND OTHERS................................................................................................14
7.1 General Manager, Secretary, Assistant Secretary and Treasurer.............................................................14
7.2 District Legal and Labor Counsel...............................................................................................................16
7.3 District Auditor............................................................................................................................................16
7.4 Consultants.................................................................................................................................................16
8.0
COMMITTEES......................................................................................................................................16
9.0
DIRECTORS' COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT ................17
9.1 Directors' Compensation............................................................................................................................17
9.2 Benefits.......................................................................................................................................................18
9.3 Travel Expense Reimbursement................................................................................................................19
9.4 District Issued Credit Cards.......................................................................................................................22
9.5 Communications Expense Reimbursement................................................................................................22
9.6 Disclosure of Expenditures/Reimbursements.............................................................................................24
10.0
BOARD MEETINGS, GENERAL.......................................................................................................24
10.1 Regular Meetings........................................................................................................................................24
10.2 Special Meetings........................................................................................................................................24
10.3 Emergency Meetings..................................................................................................................................25
11.0
BOARD MEETINGS, AGENDAS......................................................................................................25
11.1 Agendas......................................................................................................................................................25
11.2 Order of Business.......................................................................................................................................27
12.0
BOARD MEETINGS, MINUTES........................................................................................................30
13.0
BOARD MEETINGS, CONDUCT......................................................................................................31
13.1 Guidelines for Discussion...........................................................................................................................31
14.0
BOARD ACTIONS AND DECISIONS..............................................................................................32
15.0
EXHIBITS AND APPENDIXES..........................................................................................................33
forba Linda Water District Board of Directors' Policies and Procedures Manual
2
Page 137 of 191
1.0 PURPOSE AND SCOPE
1.1 The purpose of this manual is to provide a compilation of policies and procedures
approved by the Board to facilitate the proper conduct of District business. Each Director
shall be provided with a copy of this manual, acknowledge receipt in writing (see Exhibit
A), and affirm their intent to comply with the policies and procedures contained herein. If
any portion of this manual is in conflict with federal or state law or regulations that apply
to the District, said legislation or regulations shall prevail.
2.0 MISSION, VISION AND CORE VALUES
2.1 Mission Statement
Yorba Linda Water District will provide reliable water and sewer services to protect public
health and the environment with financial integrity and superior customer service.
2.2 Vision
Yorba Linda Water District will accomplish our mission to improve the quality of life for
those we serve by:
A. Embracing Proven Technology
B. Improving Customer Satisfaction
C. Providing Efficient and Responsive Operations
D. Ensuring Reliable Infrastructure
2.3 Core Values
The Yorba Linda Water District Board of Directors and staff are guided in everything we
do by the following core values -
Integrity —
alues:
Integrity— We demonstrate integrity every day by practicing the highest ethical standards
and by ensuring that our actions follow our words.
Accountability — We acknowledge that both the Board and staff of the District are
accountable to the public that we serve, as well as to each other.
Responsibility - We take full responsibility for our actions. We maintain a commitment of
courtesy, assessment, and resolution with all customer concerns.
Transparency — We listen to our customers and communicate openly about our policies,
processes, and plans for the future.
Teamwork — We work together by sharing information and resources to achieve common
goals.
Respect — We ensure every voice of the District is treated with dignity and civility;
differences are valued and individual abilities and contributions are recognized.
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3.0 BASIS OF AUTHORITY
3.1 The District is a County Water District, organized and existing under the County Water
District Law. The Board is the legislative body, and functions as the District's
policymaking body. It can only function as a unit. Apart from their role as a part of this
unit, individual Directors have no authority with regard to any aspect of District business.
3.2 As individuals, Directors may not commit the District to any policy, act, or expenditure
without prior Board approval nor give direction to the General Manager, staff, legal
counsel or consultants without prior Board approval (see also Section 4.1 A). Directors
do not represent any fractional segment or region of the community, but are part of a
legislative body that represents and acts for the District as a whole. Since Directors are
elected officials, no Director may delegate his/her authority to act as a Director.
4.0 DUTIES, RESPONSIBILITIES AND CONDUCT
4.1 Duties and Responsibilities
A. The Board's primary responsibility is the formulation and evaluation of District
policy. The General Manager is responsible for running the District's business.
Routine matters concerning operational aspects of the District are delegated to
professional staff members by the General Manager. Directors are responsible for
monitoring District progress in attaining its goals and objectives, while pursuing its
mission. The Board establishes goals, objectives, expectations, and
measurement criteria for the General Manager's performance. Board members
shall provide policy direction and instructions to the General Manager on matters
within the authority of the Board by a majority vote during a duly convened meeting
of the Board.
B. In order to assist in the governance of the behavior between and among members
of the Board, the following practices shall be observed:
1. The dignity, style, values and opinions of each Director shall be respected.
2. Responsiveness and attentive listening in communication is encouraged.
3. The needs of the District's constituents shall be the priority of the Board of
Directors.
4. Directors shall commit themselves to emphasizing the positive, avoiding
double talk, hidden agendas, gossip, backbiting, and other negative forms
of interaction.
5. Directors shall commit themselves to focusing on issues and not
personalities. The presentation of the opinions of others shall be
encouraged. Cliques and voting blocks based on personalities rather than
issues shall be avoided.
6. Differing viewpoints are healthy in the decision-making process. Individuals
have the right to disagree with ideas and opinions, but without being
disagreeable. Once the Board takes action, Directors shall commit to
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 4
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supporting said action and not create barriers to the implementation of said
action.
C. In order to maintain effective working relationships and support the chain of
command, the following procedures shall be followed:
1. Board members shall address matters within the authority of the General
Manager through the General Manager, not directly through District
employees, legal counsel, or consultants.
2. Accordingly, individual Directors' requests for information as necessary to
assist in decision making and policy direction shall always be made to the
General Manager.
3. Requests for readily available written information, documents, reports,
studies, or analyses shall not require formal Board approval.
4. Requests that require more than four hours of staff or consultant time for
compilation, or if they require less than four hours but are of a recurring
nature, shall be approved by a majority vote of the Board during a duly
convened meeting.
5. Responsive materials to Directors' requests for information shall be
distributed by the General Manager or his/her designee to all Board
members at the same time.
6. If the General Manager's response is deemed inadequate, a Director may
contact the Board President or raise the issue directly at a Board meeting,
where the Board shall determine by majority vote whether or not the issue
warrants attention and if so, schedule it for a future meeting.
7. The General Manager or his/her designee's time spent with Directors or
responding to Directors' requests shall also be tracked and made available
to the Board for evaluation on a quarterly basis.
8. If the General Manager anticipates being unavailable, he/she shall notify
the Board in advance and provide a designee contact.
9. When the General Manager is unavailable in person or by technological
means, Board members, at their discretion, may contact the General
Manager's designee.
10. Board members shall refrain from making requests directly to District
employees or legal counsel to undertake analysis, perform work
assignments or change the priority of work assignments. District employees
have been instructed to notify the General Manager of all requests received
from a Board member within 48 hours.
11. If approached by an employee concerning District policy, Board members
shall direct inquiries to the appropriate staff supervisor or General Manager.
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12. In handling complaints from residents and property owners of the District,
said complaints shall be referred directly to the General Manager.
13. In handling matters related to public safety, concerns shall be reported to
the General Manager or the District office. Emergency situations shall be
dealt with immediately by seeking appropriate assistance.
14. In seeking clarification for policy -related concerns, especially those
involving personnel, legal action, land acquisition and development,
finances and programming, said concerns shall be referred directly to the
General Manager.
D. The work of the District is a team effort. All individuals shall work together in the
collaborative process, assisting each other in conducting the affairs of the District.
1. When responding to constituent requests and concerns, Directors shall be
courteous, responding to individuals in a positive manner and routing their
questions through appropriate channels.
2. Directors shall develop a working relationship with the General Manager
wherein current issues, concerns and District projects can be discussed
comfortably and openly.
3. Directors shall function as a part of the whole. Issues shall be brought to
the attention of the Board as a whole, rather than to individual members
selectively.
E. Directors shall attend all meetings of the Board, including committee, agency, and
intergovernmental meetings to which they may be assigned, unless there is good
cause for absence, and be properly prepared for participation and deliberation.
F. Should a Director have a question related to an agenda item when preparing for a
meeting, such questions should be submitted to the General Manager at least 24
hours in advance of the meeting.
G. New Directors shall participate in a minimum of six hours of basic governance
training within one year from the first day of service with the District. Participation
in the Governance Foundations course, offered by the California Special District
Association's Special District Leadership Academy or Special District Leadership
Foundation approved equivalent, shall satisfy the basic governance training
requirement.
H. The Board shall review the policies and procedures contained in this manual on a
biennial basis or more often as required.
I. The Board shall also perform an assessment of the governing body's effectiveness
and its relationship with staff on an annual basis before October 31st. The Board
may utilize the survey included in this manual (see Exhibit B) or choose another
method for accomplishing this task.
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4.2 Code of Conduct and Ethics
A. It is the policy of the District to require the highest standards of ethics from its Board
members. The operation of the District requires that decisions and policy be made
within the proper channels of governmental structure, that the public office not be
used for personal gain, and that all individuals associated with the District remain
impartial and responsible towards the public. Accordingly, it is the policy of the
District that Board members shall maintain the highest standard of personal
honesty and fairness in carrying out their duties. The following are requirements
for ethical conduct to be followed by the Board:
1. Board members are obligated to uphold the Constitution of the United
States and the Constitution of the State of California, and to uphold the laws
of national, state and local governmental agencies. Board members shall
comply with all applicable laws regulating their conduct, including conflicts
of interest, financial disclosure and open government laws. It is the
responsibility of Board members to conduct themselves both professionally
and personally in a manner above reproach and to avoid the appearance of
impropriety.
2. New Directors shall participate in a minimum of two hours of ethics
compliance training and two hours of harassment prevention training as
soon as practical, but not more than six months, from the first day of service
with the District and at least once every two years thereafter. A Director
who serves on more than one local agency board may satisfy this
requirement by obtaining such training once every two years without regard
to the number of boards on which he/she serves. The District shall provide
information regarding available training on an annual basis. All Directors
shall provide a copy of proof of participation in these trainings to the District.
Copies of proofs of participation shall be considered public documents and
shall be retained for a minimum of five years.
3. Board members in the performance of their official duties and
responsibilities shall neither harass nor discriminate against any individual
on the basis of their protected classification (s), the perception of any
individuals protected classification (s), or because the individual associates
with a person who has or is perceived to have a protected classification (s).
The term "Protected Classification" includes race, religion, color, sex
(including gender, gender identity, gender expression, transgender,
pregnancy, and breastfeeding), sexual orientation (including
heterosexuality, homosexuality and bisexuality), national origin, ancestry,
citizenship status, marital status, age, medical condition, genetic
characteristics or information, military or veteran status, and physical or
mental disability (whether perceived or actual). No Board member shall
grant any unfair or inappropriate consideration, treatment, or advantage to
any individual or group beyond that which is available to others or groups
with the same circumstances.
4. Except where specifically authorized by the General Manager in the public
interest, no Board member shall knowingly use or permit the use of District -
owned vehicles, equipment, telephones, materials or property, nor require
a District employee to perform services for personal convenience or profit.
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Board members shall safeguard the District's property, equipment, moneys,
and assets against unauthorized use or removal, as well as from loss due
to criminal act or breach of trust.
5. Board members shall not disclose information that legally qualifies as
confidential to unauthorized individuals without approval from a majority
vote of the Board and consultation with legal counsel. This includes
information that (1) has been received during a Closed Session; (2) is
protected from disclosure under the attorney/client or other evidentiary
privilege; or (3) is not required to be disclosed under the California Public
Records Act. A Board member may make a confidential inquiry or
complaint to a district attorney or grand jury concerning a perceived violation
of law, including disclosing facts to a district attorney or grand jury
necessary to establish the alleged illegality of a District action. Prior to
disclosing confidential information, however, a Board member shall first
bring the matter to the attention of either the President or the full Board.
6. Board members shall avoid conflicts, or perceived conflicts of interest in
connection with District decisions and activities.
a. A Board member shall not have a financial interest in a contract with
the District, which includes the purchase or sale of goods and
services. The Board shall not authorize any District contract if a
Board member is financially interested in the contract.
b. A Board member shall not participate in the discussion, deliberation
or vote on a matter before the Board, or attempt to influence a
decision of the Board, if the Board member has a financial interest,
which is prohibited under California law. If a Board member believes
that he/she may be disqualified from participation in the discussion,
deliberations or vote on a particular matter due to a financial interest,
the following procedures shall be followed:
i. If a Board member becomes aware of the potential conflict of
interest before a Board meeting at which the matter will be
discussed or acted on, the Board member shall notify the
General Manager and legal counsel of the potential conflict of
interest so that a determination can be made whether it is a
disqualifying conflict of interest.
ii. If it's not possible for a Board member to discuss the potential
conflict with the General Manager and legal counsel before
the meeting, or if the Board member does not become aware
of the potential conflict until during the meeting, the Board
member shall immediately disclose the potential conflict
during the Board meeting (see Exhibit C), so that there can be
a determination as to whether it is a disqualifying conflict of
interest.
iii. Upon a determination that there is a disqualifying conflict of
interest, the Board member shall: (1) publicly identify the
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interest that gives rise to the conflict or potential conflict in
sufficient detail to be understood by the public; (2) recuse
themselves from participating in the discussion, deliberation
or vote on the matter for which a conflict of interest exists,
which shall be so noted in the Board minutes; and (3) leave
the room until after the discussion, vote and any other
disposition of the matter is concluded. The Director shall not
be counted toward achieving a quorum while the item is
discussed. This process also applies when the disqualifying
conflict of interest is on the Consent Calendar except the
Director is not required to leave the room.
C. A Board member shall not recommend the employment of a relative
to the District or to a vendor, contractor or consultant known by the
Board member to be bidding or negotiating a contract with the
District.
7. To avoid non-compliance with the Ralph M. Brown Act, Directors are
prohibited from sending and receiving electronically produced messages
during meetings.
8. For a period of one year after leaving office, former Board members shall
not represent any non-governmental entities before the District for
compensation. This restriction shall not apply to governmental entities.
B. Board members are prohibited from soliciting political funds or contributions at
District facilities and prohibited from using the District's seal, trademark, logo,
branding, stationary or other indicia of the District's identity, in any solicitation for
political contributions contrary to State law. A Board member shall not accept,
solicit or direct a political contribution from:
1. District employees or legal counsel.
2. Consultants or contractors used by the District in the past 12 months.
3. Individuals, entities, vendors, consultants, sub -consultants, contractors, or
sub -contractors which have a personal or financial interest in a contract or
other matter while it is pending before the District and for 6 months after the
District renders a final decision on that contract or other matter.
C. The appointment or election of a Board member to a public entity, other than the
District, may result in action that is contrary or inconsistent with the interests of the
District and could result in loss of the member's position of the Board. Board
members may, with consent of the Board, consult with legal counsel and the Board
may authorize a request for an opinion from the Attorney General of the State of
California as to the incompatibility of offices.
D. No Board member shall receive or agree to receive, directly or indirectly, any
compensation, reward, honoraria or gift from any source except for recognition
from the District for any action related to the conduct of the District's business. A
Board member shall not accept gifts that exceed the limitations specified in
California law. Any and all gifts, campaign contributions, income and financial
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information shall be disclosed as required under the provisions of the Political
Reform Act of 1974 and applicable regulations adopted by the Fair Political
Practices Commission.
E. Board members and persons elected or appointed, who have not yet assumed
office as members of the Board, shall fully comply with the provisions of the Ralph
M. Brown Act.
F. The General Manager has primary responsibility for (1) ensuring compliance with
the District's personnel policies and procedures; (2) ensuring that District
employees do not engage in improper activities; (3) investigating allegations of
improper activities; and (4) taking appropriate corrective and disciplinary actions.
The Board ensures that the General Manager is operating the District according to
the law and the policies approved by the Board.
1. Board members shall disclose to the General Manager, to the extent not
expressly prohibited by law, improper activities within their knowledge.
Board members shall not interfere with the General Manager's
responsibilities in identifying, investigating and correcting improper
activities, unless the Board determines the General Manager is not properly
carrying out these responsibilities.
2. A Board member shall not directly or indirectly use or attempt to use the
authority or influence of the position to intimidate, threaten, coerce,
command or influence any person for the purpose of preventing such
person from acting in good faith to bring to the attention of the General
Manager or the Board any information that, if true, will constitute a work-
related violation by a Board member or District employee of any law or
regulation. This includes, but is not limited to (1) misappropriation or waste
of District funds; (2) abuse of authority; (3) creating substantial danger to
public health or safety by an act or omission of a District official or employee;
(4) use of a District office or position or of District resources for personal
gain; or (5) a conflict of interest of a Board member or employee.
G. Directors are not subject to the District's Conflict of Interest Codes, but are subject
to the disclosure requirements of the Political Reform Act. Directors are required
to file a Statement of Economic Interests (Form 700) with the County when
assuming office, on an annual basis thereafter, and when leaving office. Filing of
these forms shall be performed using the County's e -file system.
H. Directors appointed to other agency's boards (e.g. OCSD or ACWA-JPIA) shall be
required to file Form 700's in accordance with that respective agency's Conflict of
Interest Codes.
I. The following procedures shall be followed when any member of the Board
reasonably believes that another member of the Board has engaged in alleged
misconduct or has failed to act in the best interests of the District. These
procedures shall not be effective in any case in which a non -board member seeks
redress for alleged misconduct by a Board member. While the Board has
discretion in deciding the actions it may choose to take in response to a complaint,
this section provides definitions and procedures related to three types of actions:
admonition, sanction and censure.
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1. Admonition is the least severe form of action. An admonition may typically
be directed to all members of the Board, reminding them that a particular
type of behavior is not in the best interests of the District, and that, if it occurs
or is found to have occurred, could cause a member to be subject to
sanction or censure. An admonition may be issued in response to a
particular alleged action or actions, although it will not necessarily have to
be triggered by a complaint of misconduct. An admonition may be issued
by the Board prior to any findings of fact regarding any complaint, and
because it is a warning or reminder, will not necessarily require an
investigation.
2. Sanction is the next most severe form of action. Sanction shall be directed
to an individual member of the Board based on a particular action (or set of
actions) that is determined to be misconduct but is considered by the Board
not to be sufficiently serious to require censure. A sanction may be based
upon the Board's review and consideration of a complaint. A sanction may
be issued by the Board, and because it is not punishment or discipline, will
not necessarily require an investigation.
3. Censure is the most severe form of action. Censure is a formal statement
of the Board officially reprimanding one of its members. It is a punitive
action, which serves as a penalty imposed for misconduct, but it carries no
fine or suspension of the rights of the member as an elected official. It can
however, include such actions as the disapproval of expense
reimbursement requests, de -authorization of attendance at conferences,
seminars and other activities at District expense, removal of the member
from Board committee, agency and intergovernmental meeting
assignments, and other such remedies as may be deemed appropriate by
the Board. Censure shall only be used for cases in which the Board
determines that the misconduct is a serious offense. In order to protect the
overriding principle of freedom of speech, the Board shall not impose
censure on any of its members for the exercise of his/her First Amendment
rights, no matter how distasteful the expression was to the Board or the
District. However, nothing herein shall be construed to prohibit the Board
from collectively condemning and expressing their strong disapprobation of
such remarks. Before the imposition of a censure, the Director accused of
a violation shall be entitled to written notice of the allegation, the right to
provide a written response to the allegation, and an opportunity to respond
in writing as to the results of an investigation.
J. All complaints shall be submitted in writing to the General Manager and/or the
District's legal counsel for review and determination as to whether there is
sufficient basis for further action. Complaints that specifically seek admonition,
sanction or censure as a specific remedy shall be treated as a request for that
remedy. Once a complaint has been filed, the General Manager, in conjunction
with legal counsel, shall bring the matter before the Board. The Director named in
a complaint shall be given an opportunity to respond to the complaint in writing. If
the Board determines, in consultation with legal counsel, that an investigation is
warranted, the Board shall initiate an investigation by the appropriate investigator,
entity or authority, as determined in the reasonable discretion of the Board. In the
event of such an investigation, a report of the findings of said investigation, along
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with the accused Director's written response to the report, shall be presented to
the board for majority action. If there is no merit, the matter shall be disposed of
with no further action. When the Board decides, based upon findings and the
accused Director's defense, that a violation has occurred, it may choose to impose
one of the above listed internal remedies. Any action taken by the Board to impose
a sanction or censure, shall be taken by way of written resolution.
K. At any point during any of these processes, the Board may refer the matter, as
appropriate, to the Orange County District Attorney or other proper authorities for
possible investigation, enforcement or prosecution. Prior to or following such
referral, the Board may also proceed with any of the actions described in this
section.
5.0 COMPOSITION, TERMS AND VACANCY
5.1 The District shall have a Board of five Directors each of whom, whether elected or
appointed, shall be a voter of the District.
5.2 The term of office of each Director, other than Directors appointed to fill an unexpired
term, shall be four years. Terms of office are staggered, with elections held in November
of every even numbered year.
5.3 Elections are held at large, which means that all voters throughout the District have the
opportunity to vote for any person seeking election.
5.4 Before entering upon the duties of his/her office, each Director shall take and subscribe
the official oath and file it with the Secretary. The oath of office may be taken before the
Secretary, any member of the Board, or any officer authorized by law to administer oaths.
5.5 Each Director elected or appointed shall hold office until his/her successor qualifies.
5.6 If a person elected fails to qualify, the office shall be filled as if there were a vacancy in
the office.
5.7 From time to time a vacancy may occur on the Board for a variety of reasons. An office
becomes vacant on any of the following events before the expiration of a Director's term:
A. Death of an incumbent;
B. A court's declaration that the incumbent is physically or mentally incapacitated;
C. Resignation;
D. Removal from office;
E. Ceasing to be an inhabitant of the District;
F. Absence from the state beyond periods allowed by law;
G. Ceasing to discharge the duties of the office for three consecutive months;
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H. Conviction of a felony;
Refusal or neglect to file required oath of office;
J. Declaration by a competent tribunal that election or appointment is void; or
K. Commitment to a hospital or sanitarium by a court of competent jurisdiction.
5.8 All vacancies occurring in the office of Director shall be filled pursuant to Section 1780 of
the Government Code. The District shall notify the county elections official of the vacancy
no later than 15 days after the Board is notified of the vacancy or the effective date of the
vacancy, whichever is later.
A. The remaining members of a five person board may fill a vacancy by appointment.
The appointee shall hold office until the District general election 130 days or more
after the effective date of the vacancy. Appointments shall be made within 60 days
after the effective date of the vacancy. Notice of the vacancy shall be posted in
three or more conspicuous places within the District and published in a newspaper
of general circulation at least 15 days prior to an appointment. The remaining
members may call an election to fill the vacancy within 60 days of the vacancy, in
lieu of an appointment, on the next available election date provided by Chapter 1
of Division 1 of the Election Code that is 130 days or more after the vacancy.
B. If the vacancy is not filled or an election called within 60 days of the vacancy, the
County Board of Supervisors may fill the vacancy within 90 days of the vacancy or
order the District to call an election to fill the vacancy.
C. If neither (A) or (B) has occurred within 90 days, the District shall call an election
to be held on the next available election date provided by Chapter 1 of Division 1
of the Election Code that is 130 days or more after the vacancy occurs.
D. If the remaining Board falls below a quorum, the Board of Supervisors may waive
the 60 day period provided in (A) and appoint immediately, or may call an election
to fill the vacancy under Chapter 1 of the Election Code. The Board of Supervisors
shall only fill enough vacancies to provide a quorum.
E. Appointees shall hold office until the next District general election. Electees shall
hold office for the unexpired balance of the term of office.
5.9 If a Director's place of residence is moved outside District boundaries, and if within 180
days of the move the Director fails to reestablish a place of residence within the District,
it shall be presumed that a permanent change of residence has occurred and that a
vacancy exists on the Board.
6.0 OFFICERS
6.1 President and Vice President
A. A President and Vice President of the Board shall be elected annually at the
District's reorganization meeting held at the first regular meeting of the Board in
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December of each year. The President shall assume the chair of the Presiding
Officer immediately after election.
B. The President shall make committee, agency, and intergovernmental meeting
assignments, subject to consent of the Board, annually by the first meeting of the
Board of Directors to be held in January of the subsequent year.
C. If the President is absent from a meeting of the Board, the Vice President shall
serve as the Presiding Officer. If both the President and Vice President are absent,
the Secretary shall take the chair so that the Directors present may elect a
Presiding Officer. Upon late arrival of the President or Vice President at the
meeting, the chair shall be relinquished at the first opportunity not disruptive to the
conduct of business.
D. In the event the President becomes incapacitated or is otherwise unable to act in
his/her official capacity, as determined by a majority vote of the Board, the Vice
President shall serve until the incapacity is cured or relieved. In the event the Vice
President becomes incapacitated or is otherwise unable to act in his/her official
capacity, as determined by a majority vote of the Board, an interim Vice President
shall be elected at the District's next regular meeting of the Board to serve until the
incapacity is cured or relieved.
E. The Presiding Officer, established pursuant to these policies, shall conduct the
proceedings of the Board.
F. The Presiding Officer shall sign all ordinances, resolutions and contract documents
approved and adopted by the Board.
G. The President and Vice President of the Board shall serve as the President and
Vice President of the Public Financing Corporation and Chair and Vice Chair of the
Financing Authority. The Officers of the Corporation and the Authority shall be
affirmed annually at the District's reorganization meeting held at the first regular
meeting of the Board in December of each year or as necessary.
H. Individuals serving as President or Vice President of the Board and the
Corporation, and Chair and Vice Chair of the Authority, may be removed from
office by a majority vote of the Board.
7.0 APPOINTED STAFF AND OTHERS
Appointed Staff, as defined in this section, shall mean the General Manager, Board Secretary,
Assistant Board Secretary and Treasurer, who are appointed by the Board.
7.1 General Manager, Secretary, Assistant Secretary and Treasurer
A. A General Manager shall be appointed by a majority vote of the Board and serve
at the pleasure of the Board. The General Manager shall perform all duties set
forth in County Water District Law, set forth in these policies, set forth in the
General Manager's contract with the District, imposed by the Board, and in
accordance with governing laws and regulations. In summary, the General
Manager shall: (1) have full charge and control of the maintenance, operation, and
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construction of the water works or water works system of the District; (2) have full
power and authority to employ and discharge all employees and assistants at
pleasure; (3) prescribe the duties of employees and assistants; (4) fix and alter the
compensation of employees and assistants subject to budget limitations as
approved by the Board; (5) perform other duties imposed by the Board; and (6)
report to the Board in accordance with the rules and regulations as adopted by the
Board.
B. A Secretary and Assistant Secretary shall be appointed by a majority vote of the
Board and serve at the pleasure of the Board. The Secretary, or the Assistant
Secretary in the absence of the Secretary, shall attest all ordinances and
resolutions approved and adopted by the Board, countersign all contract
documents approved and adopted by the Board, prepare the minutes of each
meeting held by the Board, and perform all duties set forth in the County Water
District Law, set forth in these policies, imposed by the Board, and in accordance
with governing laws and regulations.
C. A Treasurer shall be appointed by a majority vote of the Board and serve at the
pleasure of the Board. The Treasurer shall perform all duties set forth in the
County Water District Law, set forth in these policies, imposed by the Board, and
in accordance with governing laws and regulations. The Treasurer shall install and
maintain a system of auditing and accounting that shall completely and at all times
show the financial condition of the District.
D. A member of the Board shall not serve as the General Manager, Secretary,
Assistant Secretary or Treasurer. The same person may be appointed as General
Manager and Secretary or Secretary and Treasurer. There shall be no additional
compensation for also serving as Secretary, Assistant Secretary or Treasurer if the
individual so serving is an employee of the District.
E. The Secretary, Assistant Secretary, and Treasurer of the District shall serve as the
Secretary, Assistant Secretary, and Treasurer of the Public Financing Corporation.
The General Manager, Finance Manager, and Executive Assistant, shall serve as
the Executive Director, Treasurer, and Secretary of the Financing Authority.
Appointed staff of the Corporation and Authority shall be affirmed annually at the
District's reorganization meeting held at the first regular meeting of the Board in
December of each year or as necessary.
F. The District shall insure against losses caused by an officer or employee of the
District in lieu of providing a bond or bonds. The amount and terms of this
insurance coverage shall be equivalent to the provisions specified in the District's
insurance policy for Crime Coverage — Public Employee Theft.
G. Individuals serving as General Manager, Secretary, Assistant Secretary, or
Treasurer of the Board and the Corporation, and Executive Director, Treasurer,
and Secretary of the Authority, may be removed from their appointments by a
majority vote of the Board.
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7.2 District Legal and Labor Counsel
A. The District's Legal and Labor Counsel are law firms that are appointed by the
Board of Directors and report to the Board during Board meetings.
1. Legal Counsel shall serve as the attorney for the District in all legal matters
pertaining to the operation, maintenance, and other related business of the
District. Legal Counsel shall perform such duties as the Board or General
Manager may request, and shall (1) review all Board actions to insure
legality and acceptability under law; (2) prepare or review legal documents
and provide legal counsel, as required by the Board or General Manager;
and (3) attend and/or participate in Board meetings and other meetings as
directed by the Board or the General Manager.
2. Labor Counsel shall serve as the attorney for the District in all legal matters
pertaining to employment law and other related business of the District.
Labor Counsel shall perform such duties as the Board or General Manager
may request, and shall (1) review all employment related matters to insure
legality and acceptability under law; (2) prepare or review employment and
labor related documents and provide legal counsel, as required by the
Board or General Manager and (3) attend and/or participate in Board
meetings and other meetings as directed by the Board or the General
Manager.
7.3 District Auditor
A. The District's Auditor is a certified audit firm that is appointed by and reports to the
Board, and that conducts the District's annual audit and prepares the District's
annual audit report. The District's auditor shall be rotated on a periodic basis.
Contracts for independent auditing services shall be awarded for an initial period
of three years, with the option of extending up to two subsequent years (for a
maximum total of five), unless otherwise determined by the Board.
7.4 Consultants
A. The Board may from time -to -time select, retain, compensate, define the scope and
efforts of, and dismiss consultants to support or provide information to the Board
in developing policy level decisions or in implementing Board actions. In doing so,
the Board shall delegate to the General Manager the responsibility for day-to-day
direction of the work of the consultant.
8.0 COMMITTEES
8.1 From time to time, the Board may establish committees, whether standing or ad hoc, to
assist with the performance of its duties and policy advice. In keeping with the Board's
broader focus, committees shall not direct the implementation of District programs and
projects. Committees shall assist the Board by preparing policy alternatives and
implications for Board consideration. Committees shall not act on the Board's behalf
unless authorized by a majority vote of the Board. Said authorization shall not conflict
with the duties assigned to the General Manager. In order to preserve the organizational
structure and support the chain of command, committees shall not exercise authority over
staff or staff operations.
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8.2 The purpose of each established committee shall be reviewed by the Board on an annual
basis, prior to making Director assignments, in order to determine their continuing
relevance.
8.3 The Board previously adopted the Fair Political Practices Commission's (FPPC) Form
806 as the District's official form for reporting public official appointments and has directed
staff to post a completed form on the District's website in accordance with the
requirements set forth in FPPC Regulation 18705.5.
9.0 DIRECTORS' COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT
9.1 Directors' Compensation
A. As of January 23, 2003, compensation for members of the Board shall be $150
per day for each day's attendance at meetings of the Board and other meetings
attended at the request of the Board, including reasonable and necessary travel
time (see Appendix 1). Compensation for any type of service shall not exceed ten
days in any calendar month.
B. Director attendance at events sponsored by the following organizations shall be
preauthorized subject to budget limitations as approved by the Board:
1. Association of California Water Agencies (ACWA)
2. Association of California Water Agencies — Joint Powers Insurance
Authority (ACWA-JPIA)
3. American Water Works Association (AWWA)
4. California Association of Sanitation Agencies (CASA)
5. California Special Districts Association (CSDA)
6. California -Nevada Section of American Water Works Association (CA -NV
AWWA)
7. Chambers of Commerce
8. City, County and State Governmental Agencies (Including meetings with
elected/appointed officials and staff.)
9. Colorado River Water Users Association (CRWUA)
10. Educational Institutions
11. Independent Special Districts of Orange County (ISDOC)
12. Metropolitan Water District of Southern California (MWD or MET)
13. Municipal Water District of Orange County (MWDOC)
14. Non-political Community Service Organizations
15. Orange County Local Agency Formation Commission (OC LAFCO)
16. Orange County Sanitation District (OCSD)
17. Orange County Water Association (OCWA)
18. Orange County Water District (OCWD)
19. Special District Leadership Foundation (SDLF)
20. Urban Water Institute (UWI)
21. Water Advisory Committee of Orange County (WACO)
C. Director attendance at events sponsored by any other organization than those
listed above requires preapproval or ratification by a majority vote of the Board in
order to be considered as an activity for the purposes of compensation.
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D. Directors shall complete an Activity Report and Compensation Form (see Exhibit
D) on a monthly basis. Directors have until the 15th day of the following month to
file said reports with the General Manager or his/her designee. If an activity report
is not returned by this deadline, no compensation shall be paid to the Director for
that reporting period. Exceptions to this provision shall be presented to the Board
of Directors for review and approval.
E. All activity reports shall be reviewed and approved by the President or the Vice
President. The President's activity report shall be reviewed and approved by the
Vice President.
F. Increases in compensation are limited to five percent for each calendar year
following the operative date of the last adjustment. The Board shall consider its
compensation rate following the reorganization meeting held at the first regular
meeting of the Board in December of each year. If the Board recommends an
increase in the amount of compensation, an Ordinance shall be considered and
adopted by the Board according to the following procedures:
1. A public hearing shall be held prior to adoption of the Ordinance.
2. Notice of the hearing shall be published in a newspaper of general
circulation once a week for two successive weeks prior to the public hearing.
3. The Ordinance shall become effective 60 days from the date of its final
passage.
G. The District does not provide any of its Directors with loans.
9.2 Benefits
A. Directors and their eligible dependents may participate in the health benefits plans
provided by the District, including medical, dental and vision plans. The District
shall pay the premium amount for Directors and 2/3 of the premium amount for
eligible dependents. Directors are responsible for paying the balance of the
premium amount for eligible dependents. Health benefits provided to Directors
shall not be greater than the most generous plan being offered to any group of
District employees. A Director is also eligible for District -provided post -service
health benefits if the following conditions are satisfied: the Director's term began
before January 1, 1995 and continued uninterrupted until on or after May 27, 2010;
and the Director began receiving health benefits from the District before January
1, 1994. The rate of accrual for post -service health benefits is one year of benefits
for each three years of service to the District as a Director. In addition to the terms
and conditions provided herein, any terms or conditions set forth in the personnel
rules of the District that are applicable to retiree health benefits shall also apply to
post -service health benefits for Directors, except those conditions relating to good
standing and adequate notice of retirement. Directors are also eligible for District -
provided Group Life insurance and Accidental Death and Dismemberment
insurance in amounts up to $10,000 each. Additionally, Directors may elect to
participate in the District's deferred compensation plan. Enrollment in any of the
above benefits plans is subject to the rules and restrictions of the plans.
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9.3 Travel Expense Reimbursement
A. Directors are encouraged to attend conferences, conventions, meetings,
symposiums, intergovernmental meetings and legislative sessions relating to the
mission of the District. Directors shall receive reimbursement or payment of
expenses, according to District rules, incurred in the performance of their duties as
required or authorized by the Board. Attendance at an event must be preapproved
or ratified by a majority vote of the Board during a duly convened meeting in order
to be considered as an activity for the purposes of payment or reimbursement of
travel expenses. Directors' rates for reimbursement and payment of travel
expenses shall not be greater than rates specified for District employees.
B. Directors shall be reimbursed for actual costs to attend activities as follows:
Flight:
Car Rental:
Lodging:
Meals:
Actual and Necessary Expenses
Coach or Economy Class
Government/Group Rates
(Economy to Standard Size Vehicle)
Government/Group Rates
$120 Per Day
$40 Per Day
C. Expenditures for lodging, meals, and transportation shall provide for reasonable
and necessary comfort and convenience. Directors shall be mindful that public
funds are being spent and that only a reasonable and necessary level of expense
is warranted.
D. When available, Directors must use coach class for commercial travel and
group/government rates for lodging. If the group/government rate is not available,
the reimbursable amount shall be limited to the Internal Revenue Service (IRS) per
diem rates.
E. For travel by personal vehicle, mileage shall be reimbursed at the IRS rate in effect
at the time of travel. Personally owned vehicles used in the conduct of District
business must be insured for property and liability damage in an amount not less
than the minimum limits required by the California Financial Responsibility Act. In
no case shall the amount paid for mileage reimbursement for use of a personally
owned vehicle used for travel in lieu of air travel exceed the cost of coach class or
equivalent airfare based on the date the Director was registered to attend an
activity or conduct business on behalf of the District.
F. Reimbursement for taxi, rideshare, rail, bus, or other reasonable ground
transportation shall be for actual costs plus tip not to exceed 20% and applicable
taxes.
G. Reimbursement for parking and toll charges shall be for actual costs.
H. Meal expenses include the reasonable and necessary costs of meals and
beverages, not including alcoholic beverages. Meal expenses shall be reimbursed
on a daily basis not to exceed $120 per day. Meal expenses for partial days shall
be reimbursed on a meal by meal basis as follows: $20 for breakfast, $40 for lunch,
and $60 for dinner. Said maximums for meal expenses exclude taxes and
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gratuities which are considered actual and necessary expenses (see Section 9.3.
1). Any amount spent over the daily or partial day reimbursable amounts set forth
in this section may not be deducted from another day's reimbursable amount
during that same activity. Additionally, any amounts not spent over the daily or
partial day reimbursable amounts set forth above may not be added to another
day's reimbursable amount during that same activity. No reimbursement shall be
provided for alternative meals when the District has paid for the cost of the activity
including any incorporated meals. Attendance at receptions before dinner shall
not be considered a meal.
I. Actual and necessary expenses include taxes and gratuities for meals, tips for
porters, baggage carriers, bell hops, and housekeepers. This does not include the
cost of laundry, cleaning or pressing of clothes, or telephone calls.
J. Reimbursement of all reasonable and necessary expenses for internet service to
conduct District business while traveling shall be for actual costs.
K. Arrangements for transportation, lodging, or registration fees that have
cancellation or change penalties shall be carefully monitored by the requesting
Director. If a cancellation or change in arrangements occurs due to a personal
request or obligation of the Director, they shall be responsible for paying the
corresponding penalty, except when determined by a majority vote of the Board
during a duly convened meeting that the reason for the cancellation was legitimate
and authorized.
L. The District shall not incur any costs for a spouse, or other accompanying person.
M. If an expense does not fall within the reimbursement rates identified in this policy,
it must be preapproved by a majority vote of the Board during a duly convened
meeting.
N. In order to obtain reimbursement for qualified expenses, the following procedures
must be followed:
1. Directors shall submit a completed Travel Expense Reimbursement Form
(see Exhibit E) for conference, convention or symposium attendance,
together with all original itemized receipts and corresponding route maps,
within 30 calendar days of when the expense was incurred.
2. Directors shall also submit a completed Meeting and Mileage Expense
Reimbursement Form (see Exhibit F) for local meeting attendance, together
with all original itemized receipts and corresponding route maps, within 30
calendar days following the end of each month.
3. If the Director does not file an expense report within the above listed
deadlines, the District will not reimburse mileage or out-of-pocket expenses.
Exceptions to this provision shall be presented to the Board of Directors for
review and approval.
4. For any activity that the District prepays expenses, the Director is still
required to file an expense report to ensure that any expenses prepaid by
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the District are properly accounted for. Staff shall assist Directors with these
reports as needed. To enforce the timely filing of expense reports the
District may, by majority vote of the Board, stop prepaying conference and
travel expenses.
5. All expense reimbursement requests shall be reviewed and approved by
the President or Vice President. The President's requests shall be reviewed
and approved by the Vice President and vice versa, or by another available
Director.
6. With the exception of mileage reimbursement, any expense shown on the
form must have a corresponding, attached original itemized receipt or other
verification document. Summary receipts for meals cannot be accepted as
a verification document.
7. If a receipt is lost or not provided, the Director must submit a completed
Missing Receipt Affidavit Form (see Exhibit G) as substantiation of the
expense.
8. Directors shall also submit a completed Miscellaneous Gratuities Form (see
Exhibit H) for such expenses paid in cash without a receipt.
9. All forms, receipts and verification documents shall be public documents
subject to redaction of any confidential information, such as credit card
numbers.
O. A Director shall not attend a conference or training event for which there is an
expense to the District if it occurs after the Director has announced his/her pending
resignation, or if it occurs after an election in which it has been determined that the
Director will not retain his/her seat on the Board. A Director shall not attend a
conference or training event when it is apparent that there is no significant benefit
to the District.
P. Directors shall provide a brief report about the activity at the next regular Board
meeting following attendance. Said report shall detail what was learned at the
session(s) that will be of benefit to the District and can be submitted in written or
verbal form though ideally no longer than three minutes. Materials from session(s)
may be delivered to the General Manager for inclusion in the District's library for
future use.
9.4 District Issued Credit Cards
A. Directors shall be issued credit cards for their use while traveling or attending
meetings on behalf of the District. All purchases made with this card shall comply
with the limitations contained in this policy. Personal purchases using this card
are strictly prohibited.
B. Directors shall submit all original itemized receipts along with appropriate forms
(see Section 9.3. J and Exhibits E and F) identifying purchases made with a District
credit card within 30 calendar days of when the expense was incurred.
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C. Directors shall report lost or stolen cards to the Finance Manager immediately to
prevent potential liabilities.
D. Directors shall return their card to the Finance Manager when leaving office.
9.5 Communications Expense Reimbursement
A. In order to facilitate operational efficiency and reduce expenses, the Board has
determined that it is in the best interests of the District to have all agendas and
other District information distributed to the Board via electronic means instead of
providing paper copies whenever possible. While Director participation in and
support of this initiative is encouraged, it is not required. Participating Directors
are eligible for the reimbursement of expenses associated with the purchase of
necessary electronic equipment and related items provided:
1. The Director is an elected official of the District with more than two months
remaining in his/her current term of office.
2. The Director has submitted a completed Communications Expense
Reimbursement Form (see Exhibit 1) in accordance with established
procedures.
3. The District shall provide reimbursement, up to $1,000 including applicable
taxes and fees every four years (or sooner in the event of loss or theft), for
the cost of electronic equipment and related items of the Director's
choosing. Qualifying electronic equipment and related items shall include
tablets, laptop computers, tablet/laptop covers or cases, protective screen
wraps, and downloadable applications specific to the conduct of District
business, such as word processing, spreadsheet or PDF annotation
applications.
4. Expenses that are not reimbursable include, but are not limited to, gift
wrapping, engraving, downloadable applications (other than those used
specifically for conducting District business) and additional adaptors.
5. One hundred percent of the electronic equipment and approved itemized
expenses reimbursed shall be reported on the Director's Form W-2 as
taxable income. In providing this information, the District is not offering tax
advice. Directors having questions concerning the tax implications of
electronic communications reimbursement benefits are urged to contact the
Internal Revenue Service or other experts in tax law.
B. Reimbursements shall be processed when proof of purchase and original itemized
receipts are submitted by the Director along with a completed form within 30 days
of purchase.
C. Failure to submit a completed form within this time frame shall result in a denial of
the Director's request for reimbursement of the expense. Exceptions to this
provision shall be presented to the Board of Directors for review and approval.
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1. The electronic equipment and related items for which reimbursement is
provided shall become the property of the Director and all maintenance is
the sole responsibility of the Director.
2. Notwithstanding the foregoing, staff may, from time to time as deemed
necessary, provide paper copies of District information to Directors and
such provision of paper copies shall not affect the reimbursement of
expenses as provided in this section.
D. Should a Director experience a loss or theft of electronic equipment for which the
full or partial expense was reimbursed by the District, said Director shall submit a
written statement and/or police report to the Finance Manager or the General
Manager for auditing purposes prior to requesting reimbursement of expenses for
the purchase of replacement equipment. Requests for reimbursement of
expenses for replacement equipment shall be subject to the limitations and
requirements as set forth above.
E. All communications expense reimbursement requests shall be reviewed and
approved by the President or Vice President. The President's requests shall be
reviewed and approved by the Vice President and vice versa, or by another
available Director. Any requests for reimbursement that fall outside the limitations
contained in this policy shall be reviewed and preapproved by a majority vote of
the Board during a duly convened meeting.
9.6 Disclosure of Expenditures/Reimbursements
A. A full accounting of expenditures of public funds under this policy shall be made
and become part of the records of the District.
B. All reimbursements paid by the District of at least $100 for each individual charge
for services or product received, shall be disclosed in an annual report following
the end of each fiscal year. Reimbursement of an individual charge includes, but
is not limited to, one meal, lodging for one day, transportation, or a registration fee
paid to any Director. This report shall be made available for public inspection upon
request.
C. All travel expenses and reimbursements paid by the District on behalf of a Director
shall be disclosed in a quarterly report and provided to the Board for review at a
regular meeting.
10.0 BOARD MEETINGS, GENERAL
All meetings of the Board shall be held at the District's Administration Building located at 1717
East Miraloma Avenue, Placentia, California. All meetings of the Board shall be open and public
and all persons are invited to attend. The District shall continue to implement all applicable
requirements of the Ralph M. Brown Act to ensure transparent, open and responsive
government.
10.1 Regular Meetings
A. Effective June 1, 2022, all regular meetings of the Board shall be held on the
second and fourth Tuesday of each month commencing at 6:30 p.m. unless
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deemed unnecessary by the President or a majority of the Board. Closed Sessions
scheduled to occur on the same day as a regular meeting may be noticed
separately as a special meeting. Any member of the Board may make a motion to
complete any item under discussion during meetings lasting more than four hours
from the time of commencement. All remaining items on the agenda which have
not been acted upon shall be continued to the next regular meeting or as specified
by the Board.
10.2 Special Meetings
A. Special meetings of the Board may be called by the President or a majority of the
Board. Whenever a special meeting of the Board is called, notice in writing shall
be delivered by the Secretary to each Director, and if notice is requested in writing,
to each local newspaper of general circulation and radio or television station. The
notice shall be delivered personally or by any other means and shall be received
at least 24 hours in advance of the meeting. The notice shall specify the time and
place of such meeting and the purpose of the meeting. The written notice may be
dispensed with as to any Director who, at or prior to the time the meeting convenes,
files with the Secretary a written waiver of notice (see Exhibit J). The written notice
may also be dispensed with as to any member who is actually present at the
meeting at the time it convenes.
10.3 Emergency Meetings
A. In the event of an emergency situation involving matters upon which prompt action
is necessary due to the disruption or threatened disruption of public facilities, the
Board may hold an emergency special meeting without complying with the 24 hour
notice required in Section 10.2 herein. An emergency situation means a crippling
disaster which severely impairs public health, safety, or both. The President, or
the Vice President in the absence of the President, or the General Manager, may
determine if an emergency situation exists.
B. Whenever an emergency meeting of the Board is called, notice in writing shall be
delivered by the Secretary to each Director, and if notice is requested in writing, to
each local newspaper of general circulation and radio or television station. The
notice shall be delivered personally or by any other means and shall be received
at least one hour in advance of the meeting. In the event that telephonic services
are not functioning, the notice requirement of one hour is waived. The Secretary
shall then notify such newspapers, radio stations, or television states of the fact of
the holding of the emergency meeting, and of any action taken by the Board, as
soon after the meeting as possible.
C. No Closed Session may be held during an emergency meeting, and all other rules
governing special meetings shall be observed with the exception of the 24 hour
notice. The minutes of the emergency meeting, a list of persons the Board or
designee notified or attempted to notify, a copy of the roll call vote(s), and any
actions taken at such meeting shall be posted for a minimum of ten days in the
District office as soon after the meeting as possible.
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11.0 BOARD MEETINGS, AGENDAS
11.1 Agendas
A. Any matter which is to be considered for approval or adoption by the Board at the
meeting must be submitted to the Board as part of an agenda. All ordinances,
resolutions and contracts shall be reviewed by legal counsel and approved as to
form and legality prior to submission for consideration by the Board.
B. The Secretary shall, under direction of the General Manager, prepare an agenda
of such matters according to Section 11.2 herein, entitled "Order of Business",
including a description of the items to be considered or discussed and, where
deemed appropriate by the General Manager, a staff recommendation for each
item.
C. A copy of the draft agenda for every meeting of the Board (or Committee) shall be
provided to the President and Vice President (or assigned Committee members)
for review prior to posting by the Secretary.
D. A copy of the finalized agenda for every regular meeting of the Board shall be
posted at least 72 hours prior to the meeting in a place that is freely accessible to
members of the public. Once posted, copies of the complete agenda and
supporting materials shall be available for public inspection during business hours
at the District office and on the District's website.
E. Agendas for all special meetings of the Board shall be posted in the same manner
at least 24 hours prior to the meeting. The agenda for a special meeting of the
Board is limited to only those matters specifically set forth in the purpose of the call
for the special meeting. No other business shall be considered at a special
meeting.
F. All agendas and other District information shall be distributed to the Board via
electronic means instead of providing paper copies. Director incurred expenses
for electronic equipment and related items required for receiving, accessing and
printing all agendas and information shall be reimbursed in accordance with
Section 9.0 herein.
G. A copy of each agenda for a meeting of the Board shall be mailed to members
of the public so requesting them in writing. Any member of the public
requesting a copy of a complete agenda and supporting materials shall be
charged, in advance, for reproduction costs plus mailing expenses. Exceptions
are public agencies, members of the public who request a copy of the agenda
without supporting materials, and individuals requesting a copy of an agenda,
with or without supporting materials, that contains a specific matter involving
that individual as a party.
H. All non-exempt writings related to an agenda item and distributed to a majority of
the Board less than 72 hours prior to the meeting shall be made available for public
review at the same time.
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I. Any Director may contact the General Manager and request an item to be placed
on an agenda no later than 24 hours before an agenda is scheduled to be closed.
In general, all agendas will be closed on Monday's at 12:00 p.m. the week prior to
the meeting date.
J. Items that require compilation of readily available written information, documents,
reports, studies, or analyses shall not require formal Board approval before
placement on an agenda.
K. Items that require more than four hours of staff or consultant time for compilation,
or if they require less than four hours but are of a recurring nature, shall be
approved by a majority vote of the Board during a duly convened meeting before
placement on an agenda.
L. Any member of the public may request that a matter directly related to District
business be placed on the agenda of a regularly scheduled meeting of the Board,
subject to the following conditions:
1. The request must be in writing and submitted to the General Manager
together with supporting documents and information, if any, at least 10 days
prior to the date of the meeting.
2. The General Manager shall be the sole judge of whether the public request
is or is not a "matter directly related to District business" and if the matter is
to be placed on a future agenda. The public member requesting the agenda
item may appeal the General Manager's decision at the next regular
meeting of the Board. Any Director may request that the item be placed on
the agenda of the Board's next regular meeting.
3. No matter which is legally a proper subject for consideration by the Board
in Closed Session shall be accepted.
4. The Board may place limitations on the total time to be devoted to a public
request issue at any meeting, and may limit the time allowed for any one
person to speak on the issue at the meeting.
M. Any member of the public may request to present electronic material (such as a
PowerPoint presentation) directly related to District business during Public
Comments or in relation to a specific agenda item during a regularly scheduled
meeting of the Board, subject to the following conditions:
1. The request must be made in writing and submitted to the General Manager
together with all electronic materials at least 12 hours prior to the meeting.
2. The General Manager shall be the sole judge of whether the electronic
material is or is not a "matter directly related to District business" and if the
material is to be presented during a regularly scheduled Board meeting.
The public member requesting to present the electronic material may
appeal the General Manager's decision at the next regular meeting of the
Board. Any Director may request that the electronic material be presented
at the Board's next regular meeting.
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11.2 Order of Business
A. Upon convening the meeting at the hour set on the date of each meeting, the
members of the Board, the Secretary and General Manager of the District shall
take their regular stations in the Board Meeting Room, and the business of the
Board shall be taken up for consideration. The Presiding Officer shall immediately
call the Board to order and lead in the Pledge of Allegiance to the flag of the United
States of America.
B. Before proceeding with the business of the Board, the Secretary shall call the roll
of the Directors. The Secretary shall enter the names of all Directors, Officers,
staff members and visitors (if known) present in the Minutes of the meeting.
C. If a quorum is present, the Secretary shall so advise the Presiding Officer. If a
quorum is not present, the Secretary may adjourn the meeting to a time certain for
the purpose of obtaining a quorum. Any such reconvened regular meeting shall
not constitute a special meeting. In the event a regular or special meeting of the
Board is adjourned to a time and date certain, the Secretary shall post a notice of
adjournment in a place that is freely accessible to members of the public within 24
hours of such adjournment.
D. Three of the five Directors elected or appointed to the Board shall constitute a
quorum for any meeting of the Board. Irrespective of the number of Board
members constituting a quorum for a particular meeting, a majority vote of the
Board shall consist of at least three votes. No ordinance, resolution or motion shall
be passed or become effective without the affirmative votes of at least a majority
of the members of the Board.
E. Directors may attend Board and Committee meetings via teleconference provided
the meeting has been duly noticed as a teleconference meeting in compliance with
requirements of the Ralph M. Brown Act. Duly noticed teleconference locations
may be outside the District's jurisdictional boundaries, but for purposes of
establishing a quorum, at least three Directors must be participating in the meeting
from within the District's jurisdictional boundaries. A Director is entitled to
participate fully in the meeting and vote from a teleconference location, and all
votes shall be taken by roll call. Through January 1, 2024, certain provisions
related to the noticing and conduct of teleconference meetings may be suspended
due to a state of emergency or circumstances that could present imminent risks to
the health and safety of meeting attendees in accordance with the provisions of
AB 361.
F. The Presiding Officer may, on his/her own initiative or at the request of any two
Directors, take any item of business out of order, either as to the general order of
business or as to the specific agenda as the Secretary has prepared it.
G. The Board may take action on items not appearing on the posted agenda for
regular meetings under the following circumstances:
1. Upon determination by a majority vote of the Board that an emergency, work
stoppage or crippling disaster exists that impairs public health and/or safety.
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2. Upon determination by a two-thirds vote of the Board, or by all
Directors if only three are present, that a matter came to the attention
of the District subsequent to posting the agenda that needs
immediate action by the Board.
3. When an item was posted on the agenda of, and was continued from, a
meeting held not more than five days earlier.
H. The Order of Business taken up for consideration by the Board is generally
organized so that high priority matters are addressed at the beginning of the
meeting, and is generally in the following sequence:
1. Introductions and Presentations
2. Public Comments
3. Public Hearings
4. Consent Calendar
5. Action Calendar
6. Discussion Calendar
7. Informational Reports and Other Business
8. Closed Session(s)
9. Adjournment
Any person desiring to speak shall first address the chair. Upon recognition by the
Presiding Officer, the speaker shall be invited to state his/her name, representation
and/or affiliation and the matter on which they wish to comment. If the matter
relates to an item on the current agenda, the Presiding Officer shall recognize the
person and invite their comment when the item is considered. Comments are
limited to matters of public interest within the jurisdiction of the District, and shall
be no more than three minutes in length unless a time extension is granted by the
Presiding Officer. A maximum of 20 minutes shall be allotted for each subject
matter pursuant to the discretion of the Presiding Officer. No action shall be taken
on matters not appearing on agenda.
J. The Public Hearings portion of the agenda, if any, shall be held at the time specified
in the legal notice advertising such hearing. In general, the order of procedure for
a public hearing is as follows:
1. Opening of Hearing by Presiding Officer
2. Verification of Notice of Hearing Provided by Board Secretary
3. Reports by General Manager, Staff and/or Consultant
4. Comments from the Public Speaking in Favor and/or Against the Issue
5. Receipt of Written Communications from the Public
6. Continue or Closing of Hearing by Presiding Officer
7. Questions to Staff and Board Discussion
8. Consideration of Action by the Board
K. The Consent Calendar portion of the agenda shall be consideration, in a single
action, of items determined by the Secretary to be routine matters, status reports
or documents implementing previous Board instructions. If a Director has a
question or wishes to discuss a Consent Calendar item, they may do so without
formally removing the item from the Consent Calendar. If, after such discussion,
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a Director, staff member or member of the public has a question or wishes to
address a Consent Calendar item further, they may request that the item be
removed for further discussion. The Presiding Officer shall immediately grant such
requests and transfer the removed item to the Action Calendar for later discussion.
Items removed from the Consent Calendar for discussion shall be acted upon
separately. All items remaining on the Consent Calendar shall be considered for
approval by a single motion. Examples of matters appearing on the Consent
Calendar may include, but are not limited to:
1. Minutes of Previous Board Meetings
2. Approval to Pay Warrants
3. Routine Environmental Assessments
4. Approval of Routine Terms and Conditions for Water and/or Sewer Service
5. Approval of Change Orders (With a dollar value within the General
Manager's authority consistent with the approved purchasing policy.)
6. Approval of Contracts (For projects identified in the adopted budget.)
7. Final Acceptance of Facilities
8. Disposition of Liability Claims
9. Other Routine Administrative Matters
L. The Action Calendar portion of the agenda shall include items requiring staff
presentation and/or Board discussion prior to formal Board action. Items shall
generally be listed in order of priority and with items of a similar nature grouped
together. Items may be addressed out of order upon request and with the consent
of the Presiding Officer.
M. The Discussion Calendar shall include matters that do not require Board action or
that cannot reasonably be expected to result in Board action at that meeting.
Matters appropriate for the Discussion Calendar include technical presentations to
the Board, review of drafts of proposed policies and, in general, items for which
District staff seeks the advice and counsel of the Board. When time permits, the
Board believes the District's best interests are served by discussing more complex
matters at one meeting and considering formal action on them at a subsequent
meeting.
N. The Informational Reports and Other Business portion of the agenda provides an
opportunity for the presentation of reports by the General Manager, reports from
Committees, reports by Directors who have attended outside meetings, and
general comments by Directors. It also provides an opportunity for the Board to
schedule future meetings and assignments on the Board's activity calendar.
Requests for items to be placed on a future agenda shall be subject to the
provisions in Section 11.1 J -K.
O. Closed Sessions are strictly limited to the open meeting exceptions as defined in
the Ralph M. Brown Act. At times, during Board meetings, the Board may adjourn
into Closed Session to discuss personnel matters, real estate negotiations, existing
or anticipated litigation or other matters as specified in the exceptions set forth in
the Brown Act. Appropriate agenda descriptions are also required for Closed
Session items.
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P. A motion to adjourn must be moved by a Director and seconded by another
Director, and is subject to debate. No further business can be conducted after an
affirmative vote to adjourn.
Q. The Board may adjourn any regular or adjourned regular meeting to a time and
place specified in the motion of adjournment so approved by the Board.
12.0 BOARD MEETINGS, MINUTES
12.1 The Secretary shall keep minutes of all Board meetings. Minutes are to record actions
taken and meaningful discussion; they are not intended to be verbatim records. Members
of the public requesting information about a meeting shall be encouraged to listen to the
audio recording made of each meeting. Draft minutes shall be distributed to the Board
for review and approval at the next regular meeting or as soon as possible thereafter.
Minutes may be approved as part of the Consent Calendar.
12.2 The official minutes of all Board meetings shall be kept in a fire -proof vault or in fire-
resistant locked cabinets at the District's Administration office. An audio and/or video
recording shall be made of all regular Board meetings, including public hearings, and
retained in accordance with the District's records retention policy.
13.0 BOARD MEETINGS, CONDUCT
13.1 Guidelines for Discussion
These guidelines are intended to formalize the meeting so that each Director and
members of the public, in due course, may be heard (see also Exhibit K).
A. The Presiding Officer shall decide, subject to a question of order by any Director,
the degree of enforcement of these guidelines at any time during any meeting.
B. The Board prefers a flexible form of meeting, believing that this enhances the
decision-making process and may not always conduct its meetings with formal
"rules of order" or parliamentary procedure.
C. The Presiding Officer shall read aloud the title of each item on the agenda as
considered with the exception of items on the Consent Calendar.
D. Staff will generally provide a presentation for each action or discussion item
following which the Presiding Officer will open the floor to public comment on the
matter under consideration (see Section 11.2 1).
E. Following public comment, the Board will discuss the matter being considered and
address questions or comments to staff.
F. Any Director desiring to speak shall first address the chair. Upon recognition by
the Presiding Officer, the Director may speak freely with respect to the matter then
before the Board but shall confine his/her comments to the subject under
discussion. Any Director, once recognized, shall not be interrupted except by a
call to order from the Presiding Officer. If a Director is called to order, he/she shall
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 30
Page 165 of 191
cease speaking until the question or order is determined; if determined to be in
order, they may proceed.
G. Any Director moving the adoption or approval of a matter may call for the question.
H. The Presiding Officer may move, second or debate motions from the chair, subject
only to such limitations of debate as may be imposed on all Directors, and shall
not be deprived of any of the rights and privileges of a Director by serving as the
Presiding Officer. The Presiding Officer may vote on all questions or motions
before the Board, with his/her name being called last in a roll call vote.
I. True motions to reconsider any Board action must be made at the same meeting
at which the original action was taken; however, any Director may make any other
type of motion at any meeting.
J. The Secretary shall record in the Minutes any dissenting and abstaining votes, or
disqualification from voting due to a conflict of interest.
K. Unless a Director declares a conflict of interest or abstains, silence shall be
recorded in the Minutes as an affirmative vote.
L. The Presiding Officer for each meeting has the responsibility to preserve order and
decorum. If at any time, a Director believes order is not being maintained or that
procedures being followed are not adequate for the decision-making process at
hand, he/she shall call this fact to the attention of the Presiding Officer and request
corrective action. If the corrective action taken by the Presiding Officer is not
satisfactory, a motion for specific corrective action may be made to the Board. In
that event, a majority vote of the Board shall determine the action to be taken.
M. In the event any person or group of people makes personal, impertinent or
slanderous remarks or becomes boisterous while attending a District Board
meeting, the Presiding Officer shall call for order. If the person or group refuses
to comply with the Presiding Officer's request for order, the Presiding Officer may
declare a recess and summon a law enforcement officer to remove the person(s)
from the room. Once the Presiding Officer takes this action, permission for such
person(s) to remain at the meeting requires a motion approved by a majority vote
of the Board. When, in the judgment of the Presiding Officer, order is restored, the
meeting shall reconvene and continue with the Board's business.
14.0 BOARD ACTIONS AND DECISIONS
14.1 The Board shall act only by Ordinance, Resolution or Motion. The Presiding Officer shall
state each matter as it is presented for consideration by the Board and shall announce
each decision of the Board.
14.2 Ordinances are an authoritative decree or municipal regulation of the District. Ordinances
shall relate to no more than one subject, which shall be clearly expressed in the title of
the ordinance. No ordinance, or section thereof, shall be amended or repealed unless
the new ordinances contains the title of the ordinance or section amended or repealed.
When applicable, ordinances shall be identified to the Board as replacements to existing
ordinances or sections thereof. Ordinances must be moved and seconded and shall be
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 31
Page 166 of 191
adopted only by a roll call vote. The Secretary shall record the names of all Directors and
identify them as voting Aye, No, Abstain, or Absent on each adopted ordinance. All
ordinances shall be signed by the Presiding Officer and attested by the Secretary.
Ordinances shall be in full force and effect upon adoption unless otherwise provided by
law, and the Secretary shall be responsible for compliance with any and all legal
requirements for publication of the ordinance.
14.3 Resolutions are a formal expression of opinion, will or intent of the Board. Resolutions
must be moved and seconded and shall be adopted only by a roll call vote. The Secretary
shall record names of all Directors and identify them as voting Aye, No, Abstain, or Absent
on each adopted resolution. All resolutions shall be signed by the Presiding Officer and
attested by the Secretary.
14.4 Motions are proposals, made by a Director during a Board meeting, for action, inclination
of the mind or will, or a formal proposal made in a deliberative manner by the Board.
Every motion considered by the Board must be moved by a Director, seconded by another
Director and is subject to debate.
14.5 Except where action is taken by the unanimous vote of all Directors present and voting,
the Secretary shall record the names of all Directors and identify them as voting Aye, No,
Abstain or Absent upon the passage of all ordinances, resolutions, or motions and enter
them upon the Minutes of the Board.
15.0 EXHIBITS AND APPENDIXES
Exhibits
A. Acknowledgement
B. Assessment Survey of Governing Body's Effectiveness
C. Sample Conflict of Interest Declarations
D. Activity Report and Compensation Form
E. Travel Expense Reimbursement Form
F. Meeting and Mileage Expense Reimbursement Form
G. Missing Receipt Affidavit Form
H. Miscellaneous Gratuities Form
I. Communications Expense Reimbursement Form
J. Waiver of Written Notice of Special and Emergency Meetings
K. General Guidelines for Parliamentary Procedure
Appendixes
Setting Compensation for Members of the Board (Ord. 03-01)
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 32
Page 167 of 191
ITEM NO. 9.2.
Yorba Linda
Water District
/_[r]=1►1I7_\V=1161AI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager / Interim General
Manager
STAFF CONTACTS: Delia Lugo, Finance Manager
SUBJECT: Amendments to Employee Travel Expense Reimbursement Policy
RECOMMENDATION:
That the Board of Directors adopt Resolution No. 2022 -XX approving amendments to the
Employee Travel Expense Reimbursement Policy and repealing Resolution No. 16-21.
BACKGROUND:
As part of the periodic review process of the Board of Directors' Policies and Procedures
Manual, staff conducted an assessment of four other local water districts' travel expense
reimbursement policies. Following this assessment, staff is proposing amendments to the
District's employee travel expense reimbursement policy to enhance clarification and reflect
increased costs for travel -related expenses. As part of the meet and confer process, the
proposed amendments have been reviewed and approved by the Yorba Linda Water District
Employee Association Board.
PRIOR RELEVANT BOARD ACTION:
The Board of Directors previously adopted an Employee Travel Expense Reimbursement
Policy on November 21, 2016.
ATTACHMENTS:
1. 3010 -XXX - Employee Travel Expense Reimbursement - REDLINE
2. Resolution No. 2022 -XX - Staff Travel Expense Reimbursement
3. 3010 -XXX - Employee Travel Expense Reimbursement - FINAL
Page 168 of 191
Yorba Linda
Water District
Policies and Procedures
Policy No.:
3010-XXXGG2
Adoption Method:
Resolution No. 2022 -XX! 6 20
Effective Date:
Ap November 1224-, 20224-6
Revision Dates:
November 21, 2016; March 8, 2012; December 12,
Meals:
2006; March 11, 1993; and December 12, 1985
Prepared By:
Delia Lugo, Finance Manager
Applicability:
District Wide
POLICY: EMPLOYEE TRAVEL EXPENSE REIMBURSEMENT
1.0 POLICY
A. District employees are encouraged to attend conferences, conventions,
meetings, symposiums, intergovernmental meetings and legislative
sessions (herein referred to as "activity" or "activities") relating to the
mission of the District. Employees shall receive reimbursement or
payment of expenses, according to District rules, incurred in the
performance of their duties as required or authorized by their department
manager. Attendance at an activity must be pre -approved by an
employee's department manager in order to be considered as an activity
for the purposes of payment or reimbursement of travel expenses.
B. Employees shall be reimbursed for actual costs to attend activities, as
fOIIOWS:Ret to eveeerl:
Flight: Coach or Economy Class
Car Rental:
Government/Group Rates$50 Per Day
-(Economy to Standard Size Vehicle)
Lodging:
Government/Group Rates$2 —5--Rer
"lam
Meals:
$12075 Per Day
Actual and necessary expenses: $40W Per Day
C. Expenditures for lodging, meals, and transportation shall provide for
reasonable and necessary comfort and convenience. Employees shall
be mindful that public funds are being spent and that only a reasonable
and necessary level of expense is warranted.
When available, employees must use coach class for commercial travel
and group/government rates for lodging. If the group/government rate
is not available,- the Gest of lerdnlnn should -not exGeerd the ayerone nest
eef aGGemmedatweRG fer the tFayel lQgatienSy_aa rued hca-�y cne
3010-002 Employee Travel Expense Reimbursement Policy
Page 1 of 6
Page 169 of 191
Q. Os used the -reimbursable amount shall be limited to the G^s+ of the
eGenemlGol Gloss of +ronspor+o+iOR available as identified oh„„olnternal
Revenue Service (IRS) Der diem rates.
3010-002 Employee Travel Expense Reimbursement Policy Page 2 of 6
Page 170 of 191
—For travel by personal vehicle, mileage shall be reimbursed at the IRS
rate in effect at the time of travel. Personally owned vehicles used in the
conduct of District business must be insured for property and liability
damage in an amount not less than the minimum limits required by the
California Financial Responsibility Act. In no case shall the amount paid
for mileage reimbursement for use of a personally owned vehicle used
for travel in lieu of air travel exceed the cost of coach class or equivalent
airfare based on the date the employee registered to attend an activity
or conduct business on behalf of the District. Use of a paraQnally owned
vehicle for travel must be approved in advance by the employee's
department manager.
E.
F. Reimbursement for taxi, rideshare, rail, bus or other reasonable ground
transportation shall be for the actual costs plus tip not to exceed 20%
and applicable taxes.
G. Reimbursement for parking and toll charges shall be for actual costs.
H. Meal expenses include the reasonable and necessary costs of meals
and beverages, not including alcoholic beverages. Meal expenses shall
be reimbursed on a daily basis not to exceed $120 per day. Meal
expenses for partial days shall be reimbursed on a meal by meal basis
as follows: $2045 for breakfast, $402-5 for lunch, and $60 5 for dinner.
Said maximums for meal expenses exclude taxes and gratuities which
are considered actual and necessary expenses. Any amount spent over
the daily or partial day reimbursable amounts set forth in this section
may not be deducted from another day's reimbursable amount during
that same activity. Additionally, any amounts not spent over the daily or
partial day reimbursable amounts set forth above may not be added to
another day's reimbursable amount during that same activity. No
reimbursement shall be provided for alternative meals when the District
has paid for the cost of the activity including any incorporated meals.
Attendance at receptions before dinner shall not be considered a meal.
I. Actual and necessary expenses include taxes and gratuities for meals,
tips for porters, baggage carries, bell hops, and housekeepers. This
does not include the cost of laundry, cleaning or pressing of clothes, or
telephone calls.
Reimbursement of all reasonable and necessary expenses for internet
service to conduct District business while traveling shall be for actual
costs, unless an employee has been provided with District owned
technology equipment.
J.
3010-002 Employee Travel Expense Reimbursement Policy Page 3 of 6
Page 171 of 191
G:K. Cancellations Arrangements for transportation, lodging, or
registration fees that have cancellation or change penalties shall be
carefully monitored by the requesting department. If a cancellation or
change occurs due to a personal request or obligation of the employee,
they will be responsible for paying the corresponding penalty, except
when the General Manager or department manager determines that the
reason for the absence was leaitimate and authorized.
L. The District shall not incur any costs for a spouse, or other
accompanying person.
l4 -.M. If an expense does not fall within the reimbursement rates identified
in Section B, it must be preapproved by the General Manager.
N. In order to obtain reimbursement for qualified expenses, the
following procedures must be followed:
Employees shall submit a completed Travel Expense
Reimbursement Form (See Exhibit A) for conference, convention or
symposium attendance, together with all original itemized receipts
and corresponding route maps, within 60 calendar days of when the
expense was incurred, with the exception of expenses incurred
during the month of June. Requests for reimbursement of travel
expenses incurred during this period must be submitted within 30
calendar days of when the expense was incurred for the purposes of
financial reporting at the end of the fiscal year.
2. Employees shall also submit a completed Meeting and Mileage
Expense Reimbursement Form (See Exhibit B) for local meeting
attendance, together with all original itemized receipts and
corresponding route maps, within 60 calendar days following the
attended eventeRd of oath MGRt", with the exception of expenses
incurred during the month of June. Requests for reimbursement of
meeting and mileage expenses incurred during this period must be
submitted within 30 calendar days following the attended eventead
of the FnE)R h for the purposes of financial reporting at the end of the
fiscal year.
3. If an employee does not file an expense report within the above listed
deadlines, the District will not reimburse mileage or out-of-pocket
expenses.
4. For any activity that the District prepays expenses, the employee is
still required to file an expense report to ensure that any expenses
prepaid by the District are properly accounted for. Designated
3010-002 Employee Travel Expense Reimbursement Policy Page 4 of 6
Page 172 of 191
members of the Finance Department shall assist employees with
these reports as needed. To enforce the timely filing of expense
reports the District may, by majority vote of the Board, stop prepaying
conference and travel expenses.
5. All expense reimbursement requests shall be reviewed and
approved by the Finance Manager or other designee. Any requests
for reimbursement that fall outside the limitations contained in this
policy shall be reviewed and approved by the General Manager or
other desianee.
6. With the exception of mileage reimbursement, any expense shown
on the form must have a corresponding, attached original itemized
receipt or other verification document. Summary receipts for meals
cannot be accepted as a verification document.
7. If a receipt is lost or not provided, employees must submit a
completed Missing Receipt Affidavit Form (See Exhibit C) as
substantiation of the expense.
8. Employees shall also submit a completed Miscellaneous Gratuities
Form (See Exhibit D) for such expenses paid in cash without a
receipt.
9. All forms, receipts and verification documents shall be public
documents subject to redaction of any confidential information, such
as credit card numbers.
J -.O. Employees shall not attend a conference or training event for which
there is an expense to the District if it occurs after the employee has
announced his/her pending resignation. Employees shall not attend a
conference or training event when it is apparent that there is no
significant benefit to the District.
K-. P. Employees shall provide a brief report about the activity to their
department manager following attendance. Said report shall detail what
was learned at the session(s) that will be of benefit to the District.
Materials from session(s) may be delivered to the department manager
for inclusion in the District's library for future use.
L -.Q. A full accounting of expenditures of public funds under this policy
shall be made and become part of the records of the District.
M -.R. All reimbursements paid by the District of at least $100 for each
individual charge for services or product received, shall be disclosed in
an annual report following the end of each fiscal year. Reimbursement
of an individual charge includes, but is not limited to, one meal, lodging
for one day, transportation, or a registration fee paid to an employee.
This report shall be made available for public inspection upon request.
3010-002 Employee Travel Expense Reimbursement Policy Page 5 of 6
Page 173 of 191
N -.S. All travel expenses and reimbursements paid by the District on behalf
of the General Manager, or other executive staff as determined by the
Board, shall be disclosed in a quarterly report and provided to the Board
for review at a regular meeting.
2.0 PRIOR POLICIES
A. Prior employee travel expense reimbursement policies and associated
forms are rescinded.
3.0 EXHIBITS
A. Travel Expense Reimbursement Form
B. Meeting and Mileage Expense Reimbursement Form
C. Missing Receipt Affidavit Form
D. Miscellaneous Gratuities Form
E. Acknowledgement
APPROVED:
Harold HulbertBF;aR Vargas, President
YLWD Employee's Association
Doug DavertMaFG MaFGaRteRie, Assistant General Manager
Date
Date
3010-002 Employee Travel Expense Reimbursement Policy Page 6 of 6
Page 174 of 191
RESOLUTION NO. 2022 -XX
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
AMENDING THE EMPLOYEE TRAVEL EXPENSE
REIMBURSEMENT POLICY AND RESCINDING RESOLUTION NO. 16-21
WHEREAS, District employees are encouraged to attend conferences, conventions,
meetings, symposiums, intergovernmental meetings, and legislative
sessions relating to the mission of the District; and
WHEREAS, the Board of Directors previously adopted Resolution No. 16-21 setting forth
an Employee Travel Expense Reimbursement Policy; and
WHEREAS, it is the desire of the Board of Directors to amend this policy.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
SECTION 1. The Employee Travel Expense Reimbursement Policy is hereby adopted
as attached hereto and by this reference incorporated herein.
SECTION 2. This policy shall take effect immediately and Resolution No. 16-21 is hereby
rescinded.
PASSED AND ADOPTED this 121h day of April 2022 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
J. Wayne Miller, PhD., President
Yorba Linda Water District
/_�1111111111MMS
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. Gagen, Esq.
Kidman Gagen Law LLP
Resolution No. 2022 -XX Amending Employee Travel Expense Reimbursement Policy
Page 175 of 191
Yorba Linda
Water District
Policies and Procedures
Policy No.: 3010 -XXX
Adoption Method: Resolution No. 2022 -XX
Effective Date: April 12, 2022
Revision Dates: November 21, 2016; March 8, 2012; December 12,
2006; March 11, 1993; and December 12, 1985
Prepared By: Delia Lugo, Finance Manager
Applicability: District Wide
POLICY: EMPLOYEE TRAVEL EXPENSE REIMBURSEMENT
1.0 POLICY
A. District employees are encouraged to attend conferences, conventions,
meetings, symposiums, intergovernmental meetings and legislative
sessions (herein referred to as "activity" or "activities") relating to the
mission of the District. Employees shall receive reimbursement or
payment of expenses, according to District rules, incurred in the
performance of their duties as required or authorized by their department
manager. Attendance at an activity must be pre -approved by an
employee's department manager in order to be considered as an activity
for the purposes of payment or reimbursement of travel expenses.
B. Employees shall be reimbursed for actual costs to attend activities as
follows:
Flight:
Car Rental:
Lodging:
Meals:
Actual and necessary expenses:
Coach or Economy Class
Government/Group Rates
(Economy to Standard Size Vehicle)
Government/Group Rates
$120 Per Day
$40 Per Day
C. Expenditures for lodging, meals, and transportation shall provide for
reasonable and necessary comfort and convenience. Employees shall
be mindful that public funds are being spent and that only a reasonable
and necessary level of expense is warranted.
D. When available, employees must use coach class for commercial travel
and group/government rates for lodging. If the group/government rate
is not available, the reimbursable amount shall be limited to the Internal
Revenue Service (IRS) per diem rates.
3010-002 Employee Travel Expense Reimbursement Policy
Page 1 of 5
Page 176 of 191
E. For travel by personal vehicle, mileage shall be reimbursed at the IRS
rate in effect at the time of travel. Personally owned vehicles used in the
conduct of District business must be insured for property and liability
damage in an amount not less than the minimum limits required by the
California Financial Responsibility Act. In no case shall the amount paid
for mileage reimbursement for use of a personally owned vehicle used
for travel in lieu of air travel exceed the cost of coach class or equivalent
airfare based on the date the employee registered to attend an activity
or conduct business on behalf of the District. Use of a personally owned
vehicle for travel must be approved in advance by the employee's
department manager.
F. Reimbursement for taxi, rideshare, rail, bus or other reasonable ground
transportation shall be for the actual costs plus tip not to exceed 20%
and applicable taxes.
G. Reimbursement for parking and toll charges shall be for actual costs.
H. Meal expenses include the reasonable and necessary costs of meals
and beverages, not including alcoholic beverages. Meal expenses shall
be reimbursed on a daily basis not to exceed $120 per day. Meal
expenses for partial days shall be reimbursed on a meal by meal basis
as follows: $20 for breakfast, $40 for lunch, and $60 for dinner. Said
maximums for meal expenses exclude taxes and gratuities which are
considered actual and necessary expenses. Any amount spent over the
daily or partial day reimbursable amounts set forth in this section may
not be deducted from another day's reimbursable amount during that
same activity. Additionally, any amounts not spent over the daily or
partial day reimbursable amounts set forth above may not be added to
another day's reimbursable amount during that same activity. No
reimbursement shall be provided for alternative meals when the District
has paid for the cost of the activity including any incorporated meals.
Attendance at receptions before dinner shall not be considered a meal.
I. Actual and necessary expenses include taxes and gratuities for meals,
tips for porters, baggage carries, bell hops, and housekeepers. This
does not include the cost of laundry, cleaning or pressing of clothes, or
telephone calls.
J. Reimbursement of all reasonable and necessary expenses for internet
service to conduct District business while traveling shall be for actual
costs, unless an employee has been provided with District owned
technology equipment.
K. Arrangements for transportation, lodging, or registration fees that have
cancellation or change penalties shall be carefully monitored by the
requesting department. If a cancellation or change occurs due to a
personal request or obligation of the employee, they will be responsible
for paying the corresponding penalty, except when the General Manager
or department manager determines that the reason for the absence was
legitimate and authorized.
3010-002 Employee Travel Expense Reimbursement Policy Page 2 of 5
Page 177 of 191
L. The District shall not incur any costs for a spouse, or other
accompanying person.
M. If an expense does not fall within the reimbursement rates identified in
Section B, it must be preapproved by the General Manager.
N. In order to obtain reimbursement for qualified expenses, the following
procedures must be followed:
1. Employees shall submit a completed Travel Expense
Reimbursement Form (See Exhibit A) for conference, convention or
symposium attendance, together with all original itemized receipts
and corresponding route maps, within 60 calendar days of when the
expense was incurred, with the exception of expenses incurred
during the month of June. Requests for reimbursement of travel
expenses incurred during this period must be submitted within 30
calendar days of when the expense was incurred for the purposes of
financial reporting at the end of the fiscal year.
2. Employees shall also submit a completed Meeting and Mileage
Expense Reimbursement Form (See Exhibit B) for local meeting
attendance, together with all original itemized receipts and
corresponding route maps, within 60 calendar days following the
attended event, with the exception of expenses incurred during the
month of June. Requests for reimbursement of meeting and mileage
expenses incurred during this period must be submitted within 30
calendar days following the attended event for the purposes of
financial reporting at the end of the fiscal year.
3. If an employee does not file an expense report within the above listed
deadlines, the District will not reimburse mileage or out-of-pocket
expenses.
4. For any activity that the District prepays expenses, the employee is
still required to file an expense report to ensure that any expenses
prepaid by the District are properly accounted for. Designated
members of the Finance Department shall assist employees with
these reports as needed. To enforce the timely filing of expense
reports the District may, by majority vote of the Board, stop prepaying
conference and travel expenses.
5. All expense reimbursement requests shall be reviewed and
approved by the Finance Manager or other designee. Any requests
for reimbursement that fall outside the limitations contained in this
policy shall be reviewed and approved by the General Manager or
other designee.
3010-002 Employee Travel Expense Reimbursement Policy Page 3 of 5
Page 178 of 191
6. With the exception of mileage reimbursement, any expense shown
on the form must have a corresponding, attached original itemized
receipt or other verification document. Summary receipts for meals
cannot be accepted as a verification document.
7. If a receipt is lost or not provided, employees must submit a
completed Missing Receipt Affidavit Form (See Exhibit C) as
substantiation of the expense.
8. Employees shall also submit a completed Miscellaneous Gratuities
Form (See Exhibit D) for such expenses paid in cash without a
receipt.
9. All forms, receipts and verification documents shall be public
documents subject to redaction of any confidential information, such
as credit card numbers.
O. Employees shall not attend a conference or training event for which
there is an expense to the District if it occurs after the employee has
announced his/her pending resignation. Employees shall not attend a
conference or training event when it is apparent that there is no
significant benefit to the District.
P. Employees shall provide a brief report about the activity to their
department manager following attendance. Said report shall detail what
was learned at the session(s) that will be of benefit to the District.
Materials from session(s) may be delivered to the department manager
for inclusion in the District's library for future use.
Q. A full accounting of expenditures of public funds under this policy shall
be made and become part of the records of the District.
R. All reimbursements paid by the District of at least $100 for each
individual charge for services or product received, shall be disclosed in
an annual report following the end of each fiscal year. Reimbursement
of an individual charge includes, but is not limited to, one meal, lodging
for one day, transportation, or a registration fee paid to an employee.
This report shall be made available for public inspection upon request.
S. All travel expenses and reimbursements paid by the District on behalf of
the General Manager, or other executive staff as determined by the
Board, shall be disclosed in a quarterly report and provided to the Board
for review at a regular meeting.
2.0 PRIOR POLICIES
A. Prior employee travel expense reimbursement policies and associated
forms are rescinded.
3010-002 Employee Travel Expense Reimbursement Policy Page 4 of 5
Page 179 of 191
3.0 EXHIBITS
A. Travel Expense Reimbursement Form
B. Meeting and Mileage Expense Reimbursement Form
C. Missing Receipt Affidavit Form
D. Miscellaneous Gratuities Form
E. Acknowledgement
/_1»:161T/ 4 13
Harold Hulbert, President
YLWD Employee's Association
Date
Doug Davert, Assistant General Manager Date
3010-002 Employee Travel Expense Reimbursement Policy Page 5 of 5
Page 180 of 191
ITEM NO. 9.3.
Yorba Linda
Water District
/_[r]=1►1I7_\V=1161AI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager / Interim General
Manager
STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT: Nominations for OC LAFCO Regular and Alternate Special District
Member Seats
RECOMMENDATION:
That the Board of Directors consider nominating candidate(s) for election to OC LAFCO's
Regular and Alternate Special District Member Seats and designate two Directors to serve as
the primary and alternate voting representatives in the associated election.
BACKGROUND:
The nomination period for the OC LAFCO Regular and Alternate Special District Member
seats, which terms expire June 30, 2022, is now open. The Board has the option of
nominating up to 2 candidates. Should the Board desire to do so, the attached form must be
completed and returned no later than April 22, 2022, at 3:00 p.m. While the Board of Directors
of East Orange County Water District has submitted their own nomination for the current Chair
and Special District Regular Member, Doug Davert, the YLWD Board of Directors may wish to
do the same. As of April 5, 2022, staff has not received any requests for support of another
individual's candidacy.
Additionally, the appointment process is conducted by ballot and the Board needs to
designate two Directors to serve as the District's primary and alternate voting representatives.
Historically, this has been the Board President and Vice President. The attached declaration
form must be returned by the same date and time as the nomination form.
ATTACHMENTS:
Instructions and Forms
Page 181 of 191
c�
ORANGE COUNTY
LAFCO
2677 North Main Street I Suite 1050
Santa Ana, CA 92705
Phone: 714.640.5100 1 Fax: 714.640.5139
March 14, 2022
TO: Independent Special Districts Presiding Officers
FROM: Carolyn Emery, Executive Officer
SUBJECT: Appointment Process and Nomination Period for the OC
LAFCO Regular and Alternate Special District Member
Seats
The nomination period for the Orange County Local Agency Formation
Commission (OC LAFCO) Regular and Alternate Special District Member
seats is now open. The OC LAFCO Executive Officer will accept
nominations for the regular and alternate special district seats from
March 14 through April 22, 2022. The current terms for these seats expire
June 30, 2022.
The appointment process for the OC LAFCO special district seats is
governed by Government Code Section 56332 and the Independent
Special District Selection Committee Bylaws. In accordance with the
statute and the Committee's Bylaws, the appointment process is
conducted by mailed ballot and attached to this notification are the
following:
(1) The "Declaration of Qualification to Vote" for designating the
authorized regular voting member and alternate voting member of your
district for this appointment process. This form must be returned to OC
LAFCO no later than 3 PM on Friday, April 22, 2022. Please note that, in
accordance with the Independent Special District Selection Committee
Bylaws, if OC LAFCO does not receive the form by this date, your district
will be ineligible to vote.
(2) The "2022 Nomination Forms" for submitting a candidate's name
for the Regular and Alternate Special District seats. If your district is
nominating a candidate for one or both seats, the form(s) must be filled
out completely and returned to OC LAFCO by 3 PM on Friday, April 22,
2022. Candidate resumes or other supplemental information may be
attached to the nomination form(s) and these materials will be distributed
with the respective ballot.
Orange County Local Agency Formation Commission oclafco.org
Page 182 of 191
Orange LAFCOI Appointment Process and Nomination Period for the OC LAFCO Regular and Alternate Special
District Member Seats
Page 12
The Declaration and nomination form(s) may be returned to OC LAFCO at any of the following:
Email: ccarter-beniamin@oclafco.org
Mail: Orange County Local Agency Formation Commission
2677 North Main Street, Suite 1050
Santa Ana, CA 92705
Attn: Cheryl Carter -Benjamin, Commission Clerk
FAX: (714) 640-5139
Attn: Cheryl Carter -Benjamin, Commission Clerk
For your reference, a timeline of key dates for the appointment process is shown below:
)ATE
OC LAFCO Executive Officer emails notification letters with nomination forms and
Declaration of Qualification to Vote to independent special district presiding officers March 14, 2022
(c/o the clerk of the district) and special district general managers.
Deadline for submitting nominations and Declaration of Qualification to Vote for
the Regular Special District and Alternate Special District members to OC LAFCO by April 22, 2022 (3 PM)
3:00p.m.*
Ballot emailed to all special district presiding officers/designees (c/o clerk of the
district). May 2, 2022
Ballot due to OC LAFCO by 3:00 p.m.
June 3, 2022 (3 PM)
OC LAFCO staff tabulates ballots and announces results.
June 7, 2022
Oath of Office Administered (Commission Hearing). July 13, 2022
* Pursuant to Government Code Section 56332(c)(1), if only one candidate is nominated for a vacant seat that
candidate shall be deemed selected with no further proceedings.
Should you have any questions, please contact our Commission Clerk Cheryl Carter -Benjamin at
(714) 640-5100 or by email at ccarter-benlamin@oclafco.org.
Attachments:
1. Declaration of Qualification to Vote
2. 2022 Nomination Forms— Regular and Alternate Special District Member
cc: Special District General Managers
Clerks of the Districts
Page 183 of 191
I,
DECLARATION OF QUALIFICATION TO VOTE
J. Wayne Miller Presiding Officer
Yorba Linda Water District
,* hereby attest that
**has been authorized by the Board of
to vote in the OC LAFCO Special
District Selection Committee election as the regular voting member.
The Board also designated
voting member.
Name and Title*:
Signature*:
Date:
**as the alternate
*Declaration MUST be signed by either Board President or Board Secretary
** Must be a member of the Board
Completed forms must be received by OC LAFCO by 3 PM, Friday, April 22, 2022.
Forms must be delivered to OC LAFCO by:
(1) Email at: ccarter-beniamin(a�oclafco.org, or
(2) Mail at: Orange County Local Agency Formation Commission
2677 North Main Street, Suite 1050
Santa Ana, CA 92705
Attn: Cheryl Carter -Benjamin, or
(3) FAX at: (714) 640-5139, Attn: Cheryl Carter -Benjamin
Page 184 of 191
2022 NOMINATION FORM
Candidate for the Orange County Local Agency Formation Commission (OC LAFCO)
CANDIDATE INFORMATION FOR REGULAR SPECIAL DISTRICT MEMBER:
NAME:
TITLE:
DISTRICT:
❑ Check box if resume or statement of qualifications is attached.
SPECIAL DISTRICT SELECTION COMMITTEE MEMBER SUBMITTING NOMINATION
(Must be the presiding officer or a designated alternate board member.)
NAME:
SIGNATURE:
TITLE:
DISTRICT:
DATE:
A resume or other supplemental information about the candidate may be included and will be
distributed with the ballot. The completed nomination form and any supplemental information must
be returned to OC LAFCO by 3: 00 p.m. on Friday, April 22, 2022 by:
1. Email at: ccarter-benjamingoclafco.org, or
2. Mail at: Orange County Local Agency Formation Commission
2677 North Main Street, Suite 1050
Santa Ana, CA 92705
Attn: Cheryl Carter -Benjamin, or
3. Fax at: (714) 640-5139, Attn: Cheryl Carter -Benjamin
Nomination forms or candidate information received after the deadline will not be considered.
Page 185 of 191
2022 NOMINATION FORM
Candidate for the Orange County Local Agency Formation Commission (OC LAFCO)
CANDIDATE INFORMATION FOR ALTERNATE SPECIAL DISTRICT MEMBER:
NAME:
TITLE:
DISTRICT:
❑ Check box if resume or statement of qualifications is attached.
SPECIAL DISTRICT SELECTION COMMITTEE MEMBER SUBMITTING NOMINATION
(Must be the presiding officer or a designated alternate board member.)
NAME:
SIGNATURE:
TITLE:
DISTRICT:
DATE:
A resume or other supplemental information about the candidate may be included and will be
distributed with the ballot. The completed nomination form and any supplemental information must
be returned to OC LAFCO by 3: 00 p.m. on Friday, April 22, 2022 by:
1. Email at: ccarter-benjamingoclafco.org, or
2. Mail at: Orange County Local Agency Formation Commission
2677 North Main Street, Suite 1050
Santa Ana, CA 92705
Attn: Cheryl Carter -Benjamin, or
3. Fax at: (714) 640-5139, Attn: Cheryl Carter -Benjamin
Nomination forms or candidate information received after the deadline will not be considered.
Page 186 of 191
ITEM NO. 11.1.
Yorba Linda
Water District
/_[r]=1►1I7_\V=1161AI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager / Interim 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:
MARCH
OC LAFCO - March 9, 2022
YL Planning Commission - March 9, 2022 (Hawkins - As Needed)
WACO Planning Committee - March 15, 2022
SAWPA Commission - March 15, 2022
YL City Council - March 15, 2022 (Lindsey)
MWDOC Board - March 16, 2022 (Miller/Lindsey)
OCWA Webinar - March 16, 2022 (Hawkins/Jones/Lindsey/Miller)
OCWD Board - March 16, 2022 (Jones/DesRoches)
OC Sanitation - March 23, 2022 (Jones)
APRIL
WACO - April 1, 2022
ISDOC Executive Committee - April 5, 2022
SAWPA Commission - April 5, 2022
YL City Council - April 5, 2022 (DesRoches)
YL First Responders Breakfast - April 6, 2022 (Hawkins/Jones)
MWDOC Board - April 6, 2022 (Miller/Lindsey)
OCWD Board - April 6, 2022 (Jones/DesRoches)
MWDOC Elected Officials Forum - April 7, 2022 (DesRoches/Jones/Miller)
Page 187 of 191
ITEM NO. 11.2.
Yorba Linda
Water District
/_[r]=1►1I7_\V=1161AI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager / Interim General
Manager
STAFF CONTACTS: Doug Davert, Assistant General Manager / Interim General
Manager
SUBJECT: Assistant General Manager/ Interim General Manager's Report
SUMMARY:
A brief update on District activities and matters of interest as of agenda posting on April 5,
2022.
COMMENTS:
Operations Manager John DeCriscio and I attended the Special District Leadership
Academy on April 4, 2022, and completed the "Building a Foundation for Good
Governance" module. This is a requirement for the District to maintain its District of
Distinction status with the California Special Districts Association - Special District
Leadership Foundation.
2. On March 31, 2022, our maintenance crew responded to a water main break at 5470
Smokey Mountain Way. The line is an 8" Ductile Iron Pipe (DIP) located in an
easement at the above address. The 8" DIP was originally installed in 1990 during the
development of that area and had corrosion on the exterior of the pipe. This is
consistent with the ongoing problems we have been experiencing with the extremely
premature degradation of this type of pipe in the area. There was no interruption in
service to any customer, and only minor landscape repairs to the easement area were
needed.
3. The PFAS Water Treatment Plant continues on the path to final completion. The gas
line tie-in for the natural gas backup generators is complete. A shut down of the plant is
scheduled for the weekend of April 8-10, 2022 for Southern California Edison to
energize the new transformer and electricity service. The production team has a
contingency plan in place in case the shutdown needs to be extended for some reason.
They are also making sure the reservoirs have additional water in storage given the
expected warmer weather. Pacific Hydrotech will be installing the Well 7 bypass pipe
over the next week. We hope to be ready for paving and site cleanup soon.
Page 188 of 191
4. With the treatment plant in its third full month of operation, we are seeing continued
improvement in our groundwater production. In March, we met 76.4 percent of our
water demand using groundwater. This exceeded our projection of 65 percent. Average
water consumption (demand) for March was 15.62 million gallons per day.
Staff is available to answer any questions.
Page 189 of 191
ITEM NO. 13.1.
Yorba Linda
Water District
/_[r]=1►1I7_\V=1161AI
MEETING DATE: April 12, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager / Interim General
Manager
STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT: Meetings from April 13 - May 31, 2022
ATTACHMENTS:
1. Board of Directors' Activities Calendar
Page 190 of 191
Board of Directors Activity Calendar
Event Date Time Attendance By
April
OC LAFCO
Wed, Apr 13
8:15 AM
YL Planning Commission
Wed, Apr 13
6:30 PM
Hawkins (As Needed)
WACO Planning Committee
Tue, Apr 19
7:30 AM
Jones
SAWPA Commission
Tue, Apr 19
9:30 AM
Miller/Lindsey
YL City Council
Tue, Apr 19
6:30 PM
Miller
MWDOC Board
Wed, Apr 20
8:30 AM
Miller/Lindsey
OCWA Webinar
Wed, Apr 20
11:30 AM
TENTATIVE - Board of Directors Workshop Meeting
Wed, Apr 20
5:30 PM
OCWD Board
Wed, Apr 20
5:30 PM
Jones/DesRoches
YLWD/City of Yorba Linda Joint Agency Committee
Mon, Apr 25
5:30 PM
Miller/Lindsey
MWDOC/OCWD Joint Planning Committee
Wed, Apr 27
8:30 AM
Miller/DesRoches
OC Sanitation
Wed, Apr 27
6:00 PM
Jones
YL Planning Commission
Wed, Apr 27
6:30 PM
Hawkins (As Needed)
ISDOC Quarterly Meeting
Thu, Apr 28
11:30 AM
Hawkins/Jones/Lindsey
Love Yorba Linda
Sat, Apr 30
8:00 AM
May
ISDOC Executive Committee
Tue, May 3
7:30 AM
SAWPA Commission
Tue, May 3
9:30 AM
YL City Council
Tue, May 3
6:30 PM
Jones
MWDOC Board
Wed, May 4
8:30 AM
Miller/Lindsey
OCWD Board
Wed, May 4
5:30 PM
Jones/DesRoches
WACO
Fri, May 6
7:30 AM
Board of Directors Regular Meeting
Tue, May 10
6:30 PM
OC LAFCO
Wed, May 11
8:15 AM
YL Planning Commission
Wed, May 11
6:30 PM
Hawkins (As Needed)
TENTATIVE - Board of Directors Workshop Meeting
Thu, May 12
5:30 PM
WACO Planning Committee
Tue, May 17
7:30 AM
SAWPA Commission
Tue, May 17
9:30 AM
YL City Council
Tue, May 17
6:30 PM
Hawkins
MWDOC Board
Wed, May 18
8:30 AM
Miller/Lindsey
OCWA Webinar
Wed, May 18
11:30 AM
OCWD Board
Wed, May 18
5:30 PM
Jones/DesRoches
PFAS WTP Dedication Ceremony
Mon, May 23
10:00 AM
Board of Directors Meeting
Tue, May 24
6:00 PM
OC Sanitation
Wed, May 25
6:00 PM
Jones
YL Planning Commission
Wed, May 25
6:30 PM
Hawkins (As Needed)
District Offices Closed
Mon, May 30
7:00 AM
As of April 5, 2022
Page 191 of 191