HomeMy WebLinkAbout2022-08-23 - Board of Directors Meeting Agenda Packet
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, August 23, 2022, 5:30 PM
1717 E Miraloma Ave, Placentia CA 92870
1. PARTICIPATION INSTRUCTIONS
Due to the continuing state of emergency declared by the California Governor related to preventing the
spread of Coronavirus (COVID-19), and pursuant to California Government Code Section 54953(e),
this meeting will be facilitated in a hybrid format. As such, Directors and members of the public may
choose to participate in person or by video/teleconference. Information for accessing this meeting by
telephone or internet-based service is provided below. For questions regarding participation, please
call the Board Secretary at (714) 701-3020.
Computer/Mobile Device: https://us06web.zoom.us/j/85350118071
Telephone: (669) 900-6833 or (346) 248-7799
Meeting ID: 853 5011 8071
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. 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)
7. CLOSED SESSION
The Board may hold a closed session on items related to personnel, labor relations and/or litigation.
The public is excused during these discussions.
7.1. Conference with Legal Counsel - Anticipated Litigation
Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section
54956.9 of the California Government Code
Number of Potential Cases: One
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7.2. Conference with Legal Counsel - Anticipated Litigation
Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section
54956.9 of the California Government Code
Number of Potential Cases: One
7.3. Conference with Legal Counsel - Anticipated Litigation
Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section
54956.9 of the California Government Code
Number of Potential Cases: One
7.4. Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representative: General Counsel
Unrepresented Employee: Assistant General Manager / Interim General
Manager
7.5. Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representatives: Board President and General Counsel
Unrepresented Employee: General Manager
7.6. Public Employment
Pursuant to Section 54957 of the California Government Code
Title: General Manager
8. REPORT FROM CLOSED SESSION - ANTICIPATED TO BEGIN AT 6:30 PM
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. Agency Designated Representative's Summary Recommendation Regarding
Labor Negotiations with Unrepresented Employee (General Manager),
Appointment of General Manager, and Approval of Employment Agreement for
the Position of General Manager
Recommendation: That the Board of Directors: (1) appoint a General
Manager; (2) approve the Employment Agreement for the position of General
Manager; (3) adopt Resolution No. 2022-XX adopting the General Manager
classification and salary effective August 29, 2022, and rescinding Resolution
No. 2021-37; and (4) adjust the salary of the Assistant General
Manager/Interim General Manager from the classification of General Manager
as identified in Resolution No. 2021-37 to the salary range for the classification
of Assistant General Manager as identified in Resolution No. 2022-12 effective
August 29, 2022.
10. 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.
10.1. Minutes of the Board of Directors Meeting Held July 26 and August 9, 2022
Recommendation: That the Board of Directors approve the minutes as
presented.
10.2. Reauthorizing Continuation of Virtual/Teleconference Board Meetings
Recommendation: That the Board of Directors reauthorize the continuation of
virtual/teleconference meetings pursuant to AB 361 for an additional 30 days
based on the findings that (1) the Board has reconsidered the circumstances of
the state of emergency for COVID-19, and that (2) state and local officials
continue to impose or recommend measures to promote social distancing.
10.3. Endorsement of Vice President Brooke Jones' Candidacy for 3rd Vice
President on the Independent Special Districts of Orange County (ISDOC)
Executive Committee
Recommendation: That the Board of Directors adopt Resolution No. 2022-XX
endorsing the candidacy of Vice President Brooke Jones to the position of 3rd
Vice President on ISDOC's Executive Committee.
10.4. Claim for Damages Filed by Dean and Christine Allevato
Recommendation: That the Board of Directors reject and deny the claim filed
by Dean and Christine Allevato.
10.5. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $1,424,309.01.
10.6. Unaudited Financial Statements for the Fourth Quarter of Fiscal Year 2021-22
Recommendation: That the Board of Directors receive and file the Unaudited
Financial Statements for the Fourth Quarter of Fiscal Year 2021-22.
10.7. Directors' and General Manager Fees and Expenses Report for the Fourth
Quarter of Fiscal Year 2021-22
Recommendation: That the Board of Directors receive and file the Directors'
and General Manager Fees and Expenses Report for the Fourth Quarter of
Fiscal Year 2021-22.
10.8. Purchase of Backhoe Tractor
Recommendation: That the Board of Directors authorize the Interim General
Manager to purchase a backhoe tractor in the amount of $175,027.29.
11. 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.
11.1. Easement to City of Yorba Linda for Horse Trail at Highland Reservoir
11.2. Temporary Modification to Regular Board Meeting Schedule
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12. REPORTS, INFORMATION ITEMS, AND COMMENTS
13. ADJOURNMENT
13.1. The next regular Board meeting is scheduled Tuesday, September 13, 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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ITEM NO. 9.1.
AGENDA REPORT
MEETING DATE: August 23, 2022
TO: Board of Directors
FROM: Andrew B. Gagen, General Counsel
STAFF CONTACTS: Gina Knight, Human Resources and Risk Manager
SUBJECT: Agency Designated Representative's Summary Recommendation
Regarding Labor Negotiations with Unrepresented Employee (General
Manager), Appointment of General Manager, and Approval of
Employment Agreement for the Position of General Manager
RECOMMENDATION:
That the Board of Directors: (1) appoint a General Manager; (2) approve the Employment Agreement
for the position of General Manager; (3) adopt Resolution No. 2022-XX adopting the General
Manager classification and salary effective August 29, 2022, and rescinding Resolution No. 2021-37;
and (4) adjust the salary of the Assistant General Manager/Interim General Manager from the
classification of General Manager as identified in Resolution No. 2021-37 to the salary range for the
classification of Assistant General Manager as identified in Resolution No. 2022-12 effective August
29, 2022.
BACKGROUND:
In May 2022, the Board and District staff developed and published a job posting for the position of
General Manager. The District received 42 applicants in response to the posting. The Board
interviewed many of these applicants on multiple occasions and ultimately selected one applicant,
conditioned on the District and applicant entering a contract for the position of General Manager.
In July 2022, the Board appointed President Miller (and Vice President Jones in President Miller’s
absence) and General Counsel as the District’s Designated Representatives to negotiate executive
compensation with the candidate-General Manager. These negotiations have concluded and in
accordance with the Ralph M. Brown Act, General Counsel will “report a summary recommendation”
regarding the negotiated terms for the Board to consider whether to take final action as described
below and recommended above. The negotiated terms are memorialized in the Employment
Agreement for the Position of General Manager, which is attached to this Agenda Report.
In accordance with California Code of Regulations, Title 2, § 570.5, and the Public Employee
Retirement Law at Government Code § 20636, all Public Agency members’ pay amounts are
required to be paid pursuant to a publicly available pay schedule that has been approved and
adopted by the employer’s governing body. Accordingly, District staff prepared Exhibit A, General
Manager Classification and Salary, effective August 29, 2022, which defines the proposed salary for
the candidate-General Manager.
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If the Board appoints and enters into a contract with the candidate-General Manager, as
recommended herein, then the Board may adjust the salary of the Assistant General
Manager/Interim General Manager from the classification of General Manager as identified in
Resolution No. 2021-37 to the salary range for the classification of Assistant General Manager as
identified in Resolution No. 2022-12 effective August 29, 2022.
ATTACHMENTS:
1. GM Employment Agreement
2. Resolution Adopting GM Classification and Salary
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YLWD Employment Agreement with General Manager (August 2022) 1 of 9
EMPLOYMENT AGREEMENT
FOR POSITION OF GENERAL MANAGER
This Employment Agreement ("Agreement") is entered into on August 24, 2022 (“Agreement
Date”), by and between the Yorba Linda Water District ("District"), a county water district created and
operated pursuant to Water Code Section 30000 et seq., acting by and through its Board of
Directors ("Board"), and _________________("Employee"), an individual, (collectively "Parties").
RECITALS
A. the District is responsible for the construction, operation, and maintenance of a potable water
delivery system and a wastewater collection system which provides service to customers
located within its service area.
B. the District desires to retain the services of Employee as General Manager of the District
by way of this Agreement and subject to the terms and conditions set forth herein.
C. Employee represents that he has read and understands the functions, responsibilities, and
duties of the General Manager set forth in the County Water District Act (California Water Code
§§ 30,000 et seq.), particularly Sections 30580 and 30581.
D. Employee desires to accept employment as General Manager of the District by way of this
Agreement and subject to the terms and conditions herein, and Employee represents and
warrants that he is qualified to perform such duties.
E. the District and Employee desire to formalize the employment of Employee as General
Manager of the District by way of this Agreement and subject to the terms and conditions
herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants,
conditions, terms, and representations contained herein, and for other good and valuable
consideration, the adequacy of which are hereby acknowledged, the Parties agree as follows:
1. Term of Employment. The term of this Agreement is for three (3) years, commencing August
29, 2022, and ending August 28, 2025 (“Term"). The Term may be (a) extended during the
Term of this Agreement by written mutual consent of the Parties or (b) terminated before the
expiration of the Term in accordance with this Agreement. If neither (a) nor (b), then the
Agreement shall automatically renew for an additional one (1) year term on the same terms
and condition as this Agreement as may be amended.
2. Duties and Obligations of Employee. Employee shall not be simultaneously employed with
any other employer or self-employed during the Term of this Agreement. This prohibition
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YLWD Employment Agreement with General Manager (August 2022) 2 of 9
does not apply to charitable and volunteer services or any other lawful conduct that does not
conflict with District interests. To the satisfaction of the Board, Employee shall devote their
full time to the performance of the General Manager duties, and Employee agrees to and
shall faithfully discharge the duties of General Manager, which include, but are not limited to:
2.1. Overseeing the administration, operation, and construction activities of the District;
2.2. Those duties set forth in the California Water Code Sections 30580 and 30581;
2.3. Fulfilling the duties set forth in, and adhering to, the District's Policies, Resolutions,
Ordinances, and Rules and Regulations;
2.4. The specific duties set forth in the District's General Manager job description, as
amended from time to time; and
2.5. Other duties, responsibilities, and services directed by the Board.
3. Employee Compensation. Without medical benefits described below in Subsections 4.1.1-
4.1.3, Employee shall receive an annual base salary of two hundred sixty-five thousand
dollars ($265,000), payable in twenty-six equal biweekly installments, for performance of his
duties as General Manager. The annual base salary may be adjusted during the Term at the
sole discretion of the Board. Any such adjustment in salary shall not be construed as altering
or amending any provision of this Agreement, except the Employee's compensation amount,
unless specifically agreed to in writing between the District and Employee. Any adjustment
is not effective until the Parties draft and sign an amendment to this Agreement that states the
new annual base salary and the effective date of that new salary and such amendment is
adopted by the Board in open session at a duly noticed public meeting.
3.1. Compensation Adjustment. In conjunction with each performance evaluation described
below, at the Board’s sole discretion, the Board may consider any appropriate merit pay,
cost of living, or other compensation adjustment either in lump sum or as a salary increase
or in benefits as the Board may decide. The salary of Employee is not subject to District
cost of living adjustments (COLA) provided to other District employees, if any, but rather
the Board may consider cost of living increases as part of its Employee merit pay
consideration.
4. Employee Benefits. The District will provide Employee the following benefits for
performance of Employee’s duties and services as General Manager. All benefits will cease
upon termination or expiration of this Agreement.
4.1. Health Benefits. Employee is eligible to receive, at the District’s expense, health
benefits as set forth in Subsections 4.1.1-4.1.3. However, as of the Agreement Date,
Employee waived insurance coverage provided in this Subsections 4.1 (medical, dental,
and vision), only, on behalf of Employee and Employee’s dependents in exchange for
a $15,000 increase in Employee’s base salary from $250,000 to $265,000. During the
Term of this Agreement, and upon Board approval, Employee is eligible to receive
insurance coverage provided in this Subsections 4.1 (medical, dental, and vision). For
avoidance of doubt, Employee accepts, and shall receive, all other benefits provided
below in Sections 4.2 – 4.13.3.
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YLWD Employment Agreement with General Manager (August 2022) 3 of 9
4.1.1 Medical Insurance. The District agrees to pay Employee 100% of the premium
for hospital and medical and two-thirds (2/3) the additional premium toward
Employee's dependent coverage insurance starting the first day of the month
following his date of hire in accordance with the provisions of any contract
between the District and any company or companies of the District's choosing.
Employee shall pay the cost of the difference in premium, to be deducted from his
salary to cover his one-third (1/3) share of the dependent coverage.
4.1.2 Dental Insurance. The District agrees to pay Employee 100% of the premium for
dental insurance and two-thirds (2/3) the additional premium toward Employee's
dependent coverage insurance starting the first day of the month following his date
of hire in accordance with the provisions of any contract between the District and
any company or companies of the District's choosing. Employee shall pay the cost
of the difference in premium, to be deducted from his salary to cover his one-third
(1/3) share of the dependent coverage.
4.1.3 Vision Insurance. The District agrees to pay Employee 100% of the premium for
vision insurance and two-thirds (2/3) the additional premium toward Employee's
dependent coverage insurance starting the first day of the month following his date
of hire in accordance with the provisions of any contract between the District and
any company or companies of the District's choosing. Employee shall pay the
cost of the difference in premium, to be deducted from his salary to cover his
one-third (1/3) share of the dependent coverage.
4.2. Retirement Benefits. The District is a member of the California Public Employees
Retirement System (“CalPERS”). The District shall follow all retirement requirements as
mandated by the California Public Employee's Pension Reform Act of 2013. If Employee
maintains CalPERS reciprocity, then Employee shall be subject to the retirement plan
available to District employees on or before December 31, 2012. If Employee is a new
employee or new member as defined by Government Code Section 7522.04,
subdivisions (e) and (f), the District shall provide Employee the Local Miscellaneous
2% at 62 retirement plan with a full benefit of 2.5% at 67 and a minimum retirement age
of 52.
4.3. Life Insurance and AD&D. The District will provide Employee, at no cost to Employee,
group term Life and Accidental Death and Dismemberment (“AD&D”) insurance in the
amount of two hundred thousand dollars ($200,000.00) effective the first day of the month
following his date of hire in accordance with the provisions of any contract between the
District and any company or companies of the District's choosing.
4.3.1. Supplemental Life Insurance and AD&D. The District will provide Employee, at
no cost to Employee, a supplemental term Life and AD&D insurance in the
amount of up to three hundred thousand dollars ($300,000.00) in accordance with
the provisions of any contract between the District and any company or
companies of the District's choosing. Employee may purchase, at Employee’s
expense, a separate supplemental term Life and AD&D insurance not to exceed
five hundred thousand dollars ($500,000.00) by authorizing the additional premium
to be deducted from Employee’s salary.
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YLWD Employment Agreement with General Manager (August 2022) 4 of 9
4.4. Long Term Disability. The District will provide Employee a long-term disability plan which
has a ninety (90) day elimination period and provides at least two-thirds (2/3) of Employees
salary, up to $7,000, for a designated period of time in accordance with coverage procured
by the District from a carrier to be determined at the District's sole discretion.
4.5. Deferred Compensation. The District will match dollar for dollar, not to exceed 2%
salary earned per payroll period, of Employee's salary or Employee's actual amount of
deferred compensation per payroll period, whichever amount is less.
4.6. Paid Time Off. Employee will receive paid time off as described below in Subsections
4.6.1-4.6.5. For the initial three-year Term of this Agreement, the Employee’s paid
time off will not be increased.
4.6.1. Vacation Leave. Employee shall accrue a total of 4.615 hours of vacation time
per pay period. Employee shall accrue vacation commencing with the
start of employment but shall be ineligible to use accrued vacation time
prior to the successful completion of six (6) months of service. The maximum
accrued vacation balance Employee can accrue shall be limited to one and a
half (1.5) the annual maximum accrual of vacation time. lf Employee has
accrued one and a half (1.5) the annual maximum accrual of vacation time, then
Employee will cease accruing any further vacation leave until the vacation
balance is reduced to less than the maximum limit. An employee who has been
employed by the District for more than one year may elect to sell up to forty (40)
hours of accrued unused vacation time. Employee must submit their
irrevocable election by December 31st of each year to be paid on the second
payday in November of the following year to receive cash for up to forty (40)
hours of vacation time that would otherwise accrue in the immediate following
year.
4.6.2. Executive Leave. Employee shall accrue a total of forty (40) hours executive leave
with pay during each year of this Agreement which is encouraged to be used within
the fiscal year in which it is accrued. Any unused executive leave will be cashed out
at the end of the fiscal year. There will be no carry-over of executive leave time to
the next fiscal year.
4.6.3. Holidays. Employee is entitled to holiday compensation for each holiday as set
forth in the District's annual Holiday Schedule, which is 11 holidays plus one
floating holiday as of the Agreement Date, in an amount equal to the number of
hours Employee normally would have worked other than for the holiday.
Employee is only eligible for holiday compensation if Employee is at work or on
paid leave of absence on the regularly scheduled workday immediately
preceding the day observed as the holiday and the regularly scheduled workday
immediately following the day observed as the holiday. If Employee is
scheduled work week is Monday through Thursday, a District-observed holiday
falling on a Friday, Saturday, or Sunday shall convert into a floating holiday to
be used within the fiscal year in which it is accrued or the following fiscal year.
Any unused floating holiday will be cashed out at the Employee’s then hourly
rate of pay at the end of the fiscal year following the fiscal year during which the
time was accrued.
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YLWD Employment Agreement with General Manager (August 2022) 5 of 9
4.6.4. Sick Leave. Employee shall accrue a total of 3.7 hours of sick leave per pay
period. Sick leave is provided for Employee to use when Employee is unable to
work due to the diagnosis, care, or treatment of an existing health condition of,
or preventative care for, Employee or a member of Employee’s immediate
family and as otherwise required by law. Employee acknowledges and
understands that accrued but unused sick leave will not be paid out upon the
termination or expiration of this Agreement.
4.6.5. Bereavement Leave. Upon the death of an immediate family member,
Employee shall be entitled to use up to three (3) days of District-paid
bereavement leave to attend funeral services and/or conduct business
associated with the deceased. The Board may allow Employee to use up to an
additional four (4) days of sick leave for this purpose. The Board may also allow
Employee to use up to four (4) days of sick leave, if available, for bereavement
of a non-immediate family member.
4.7. Automobile Reimbursement. Employee is expected to use his own vehicle in the
performance of Employee’s duties and services as General Manager, including being
available twenty-four (24) hours per day when practical to respond to emergency
situations for the District. Employee shall be paid six hundred dollars ($600.00) per
month, payable in bi-weekly installments, as reimbursement for all automobile
expenses and in lieu of mileage. The monthly reimbursement may be adjusted at the
sole discretion of the Board.
4.8. Electronic Devices. Employee shall be provided, at the District’s expense and
discretion, a District mobile phone and laptop computer or tablet to be used for District
business. The use of a District phone, laptop computer, tablet, or other electronic
device shall be consistent with the District’s computer use and privacy policies.
4.9. Professional Growth. The District agrees to pay the following expenses on behalf of
the Employee, subject to the Board's discretion and approval:
4.9.1. Professional and Civil Affiliations and Professional Development. The District
agrees to pay for professional dues and subscriptions on behalf of Employee
that are reasonably necessary as determined by the Board for Employee's
continuation and full participation in national, regional, state, or local
associations and organizations necessary and desirable for Employee's
continued professional participation, growth, advancement, or for the good of
the District. All fees or expenses contemplated under this section must be
approved by the Board before they are incurred.
4.9.2. Professional Development. The District agrees to pay the travel and
subsistence expenses of Employee for official travel, meetings, and events
reasonably necessary to continue the professional development of the
Employee as General Manager of the District and reasonably necessary to fulfill
official and other functions for the District, as determined to be reasonable and
necessary by the Board. These meetings and events may include, but are not
limited to, the annual and semi-annual conferences of the Association of
California Water Agencies, the American Water Works Association, the
American Society of Civil Engineers, and other national, regional, state, and
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YLWD Employment Agreement with General Manager (August 2022) 6 of 9
local conferences of governmental groups and committees in which Employee
may participate from time to time. All fees or expenses contemplated under this
section must be approved by the Board before they are incurred.
4.9.3. Continued Education. The District agrees to reimburse Employee for all costs
associated with continuation education credits, courses, and the pursuit of an
advanced degree, which are directly related to Employee's essential job duties
for the General Manager position, if and when such costs are approved in
advance and deemed necessary by the Board. Employee agrees to be subject
to the terms and conditions of District Pol icy Number 7010-006: Educational
Reimbursement Policy, including completion of the Exhibits to the Policy. Pre-
approval or denial for Employee to take any courses/programs, however, will
come directly from the Board at a regularly scheduled Board meeting following
Employee's timely submission of the Intention to Take Courses/Pre-approval
application to the Board.
5. Taxes. Employee shall be responsible for any and all federal, state, local or other taxes
resulting from any compensation or benefits provided to him by the District. District shall
withhold from any compensation or benefits provided under this Agreement all federal, state,
local or other taxes as may be required pursuant to law or governmental regulation or ruling.
6. Expenses. Subject to the Board's discretion and approval, Employee shall be entitled to
reimbursement for transportation, business, and travel expenses incurred in the performance
of his duties as General Manager, including but not limited to those detailed in Section 2 of
this Agreement. Employee shall submit to the District an itemized account of all such
expenditures, setting forth the date, the purpose for which each expenditure was incurred,
and the amounts thereof, together with such receipts showing the payments. The District
shall bear the full cost of any fidelity or other bonds required of Employee under any law or
ordinance.
7. Performance Evaluation. In writing, the Board and Employee will develop annual goals,
objectives, and key performance indicators for the benefit of the District and in attainment of
the Board's policy objectives, and may establish a priority among those goals, objectives,
and key performance indicators. Additionally, the Board may periodically establish goals and
objectives regarding the Employee's performance of the duties of General Manager. The
Board shall, in its sole discretion, review and evaluate the Employee's performance on an
annual, quarterly, or other basis, or pursuant to the District's performance evaluation policies.
8. Termination of Agreement. The District employs Employee to serve as its General
Manager at the pleasure of the Board and upon the terms and conditions set forth in this
Agreement. Notwithstanding the Term of this Agreement, Employee shall be an "at-will"
employee of the District and will not be afforded any termination or discipline- related access
to due process, appeal, or grievance procedure, including but not limited to a so-called Skelly
hearing. Employee's employment may be terminated with or without cause, at any time, with
or without notice, by the Board or the Employee.
8.1 Severance Payment. In the event the Employee is terminated by the Board before the
expiration of the Term, as may be amended, and during such time that Employee is
willing and able to perform the duties of the General Manager position, the District
agrees to make a lump sum severance payment to Employee in an amount equal to
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YLWD Employment Agreement with General Manager (August 2022) 7 of 9
three (3) months of the Employee's monthly salary at the time of termination.
8.2.1 Release and Waiver of Claims. District is obligated to pay a lump sum
severance payment in an amount described in Subsection 8.1 if, and only if,
Employee signs a full release that waives any claims Employee may have
against the District, including but not limited to District employees, consultants,
and Board of Directors. This severance payment shall be made within fifteen
(15) days of the effective date of the termination or the Employee's execution
of a full release, whichever occurs later. Pursuant to California Government
Code Section 53260, in no event shall the lump sum severance payment
provided herein exceed the monthly salary of Employee multiplied by eighteen
(18). The lump sum severance payment is in addition to any accrued and
unused vacation to which Employee is entitled. All sums paid herein are subject
to applicable withholding taxes. Pursuant to California Government Code
Section 53243.2, any lump severance payment paid to Employee under this
section shall be fully reimbursed by Employee to the District if Employee is
convicted of a crime involving an abuse of his office or position as set forth in
California Government Code Section 53243.4.
8.2 Ninety Day Courtesy Notice. Employee and the District recognize that the District
prefers Employee to provide District at least a ninety (90) day advance notice before
Employee voluntarily resigns from the General Manager position. While such courtesy
is desired, it is not required as the employment relationship created in this Agreement
is "at-will." In the instance of voluntary resignation, Employee understands and agrees
that Employee will not be eligible to receive any severance pay. In that instance,
Employee will only receive Employee’s accrued but unused holiday, executive leave,
and vacation leave, if any.
8.3 Cessation of Benefits. Employee understands and acknowledges that all health and
other benefits set forth in this Agreement shall cease on the day of either termination
of this Agreement by either Party or expiration of this Agreement.
9. Confidential Information. Employee acknowledges and stipulates that in the performance
of his duties, the District discloses and entrusts him with certain confidential or proprietary
information. Employee agrees not to directly or indirectly disclose or use, at any time, any such
information, whether it be in the form of records, lists, data, personnel information, drawings,
reports, or otherwise, of a business, personal, or technical nature, which was acquired or
viewed by Employee during Employee's relationship with the District unless such
disclosure is authorized by the District in writing, required by law, or required in the
performance of the duties of the General Manager. This provision shall survive the
termination or expiration of this Agreement.
10. Notice. Any notices required hereunder shall be in writing and shall be given by personal
delivery or overnight courier service to the Party to whom it is to be given at the address set
forth below, or at such other address as each Party may provide in accordance with this
section. All notices shall be deemed effective upon personal delivery or upon three (3)
business days following deposit with any overnight courier service:
Page 13 of 57
YLWD Employment Agreement with General Manager (August 2022) 8 of 9
For Yorba Linda Water District:
President of the Board of Directors
Yorba Linda Water District
PO Box 309
Yorba Linda CA 92885-0309
Any notice required to be given to the Employee under this Agreement shall be addressed to
him at his last known address as reflected in the District's personnel records. Any Party may
change its address for the purpose of this section by giving written notice of such change to
the other Party in the manner herein provided.
General Provisions
11. Governing Law & Severability. This Agreement shall be governed by the laws of the State
of California. lf any clause, sentence, section or other provision of this Agreement is, for
whatever reason, deemed void, unlawful or otherwise unenforceable, then such shall be
severed herefrom and the balance of this Agreement construed as if the severed language
was not a part hereof.
12. Modification, Amendment, Waiver. No modification or amendment of any provision of this
Agreement shall be effective unless approved in writing and signed by both Parties. The failure
of a Party to enforce any of the provisions of this Agreement shall in no way be construed as a
waiver of such provisions and shall not affect the right of either party thereafter to enforce such
provisions.
13. Assignment. Neither the Agreement nor any of the rights or obligations created herein shall be
assignable by Employee without the written approval of the District.
14. Electronic signatures and Counterparts. Any Party may execute this Agreement using an
“electronic signature,” as that term is defined in California Civil Code Section 1633.2, or a “digital
signature,” as defined by California Government Code Section 16.5. An electronic or digital
signature shall have full legal effect and enforceability. This Agreement may be executed in any
one or more counterparts, each of which shall be deemed to be an original but all of which
together shall constitute one and the same Agreement.
15. Section Headings. The section headings used herein are not a substantive part of this
Agreement and are included solely for convenience and have no bearing upon and do not in any
way limit the application of the terms and conditions of this Agreement.
16. Incorporation. The Recitals are true and correct and are incorporated herein by this reference.
17. Entire Agreement. This Agreement represents the entire and integrated contract between the
District and Employee and supersedes all prior understandings, negotiations, representations, or
agreements.
18. Voluntary Agreement. Employee represents and warrants that (1) he has carefully read and
fully understands all the provisions of this Agreement, (2) he is free to enter into this Agreement
and to render the duties and services described in it, (3) entering into and performance of this
Agreement will not breach or violate or conflict with any other agreement (written or oral) to which
Employee is a party, and (4) Employee has had an opportunity to consult with Employee’s legal
Page 14 of 57
YLWD Employment Agreement with General Manager (August 2022) 9 of 9
counsel prior to entering into this Agreement and have either done so or voluntarily chosen not
to do so. Employee is voluntarily entering into this Agreement. The District represents and
warrants that it has the right and power to enter into this Agreement.
IN WITNESS WHEREOF, the Parties have entered into this Employment Agreement for
the Position of General Manager as of the Agreement Date.
YORBA LINDA WATER DISTRICT EMPLOYEE
By: By:
J. Wayne Miller, Board President
APPROVED AS TO FORM
Kidman Gagen Law LLP
Andrew B. Gagen, General Counsel
Page 15 of 57
Resolution No. 2022-XX Adopting the General Manager Classification and Salary 1
RESOLUTION NO. 2022-XX
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING THE GENERAL MANAGER CLASSIFICATION
AND SALARY EFFECTIVE AUGUST 29, 2022
AND RESCINDING RESOLUTION NO. 2021-37
WHEREAS,pursuant to California Code of Regulations, Title 2, §570.5, CalPERS
requires governing bodies of local agencies contracting with CalPERS to
approve and adopt a publicly available pay schedule in accordance with the
Ralph M. Brown Act (California Government Code 54950 et seq.); and
WHEREAS, the Board of Directors regularly enters into employment agreements for the
position of General Manager; and
WHEREAS,the Board of Directors recently conducted a recruitment process for the
position of General Manager and thereafter directed the District’s
Designated Representatives to negotiate terms of compensation for this
classification; and
WHEREAS,the Designated Representatives reported a “summary of a
recommendation” regarding the negotiated terms for the Board to consider
whether to take final action; and
WHEREAS, the Board of Directors desires to adopt the General Manager Classification
and Salary effective August 29, 2022, as set forth in Exhibit A and attached
hereto.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
SECTION 1.The General Manager Classification and Salary as set forth in Exhibit A and
attached hereto is approved and adopted, effective August 29, 2022.
Page 16 of 57
Resolution No. 2022-XX Adopting the General Manager Classification and Salary 2
SECTION 2.That Resolution No. 2021-37 is hereby rescinded effective August 29, 2022.
PASSED AND ADOPTED this 23rd day of August 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 and approved as to form by General Counsel:
Andrew B. Gagen, Esq.
Kidman Gagen Law LLP
Page 17 of 57
Resolution No. 2022-XX Adopting the General Manager Classification and Salary 3
EXHIBIT A
Yorba Linda Water District
General Manager Classification and Salary
Effective August 29, 2022
CLASSIFICATION TITLE SALARY FLSA
General Manager Hourly $ 127.40 Exempt
Monthly $ 22,083.33
Yearly $ 265,000.00
Page 18 of 57
ITEM NO. 10.1.
AGENDA REPORT
MEETING DATE: August 23, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager/Interim General Manager
STAFF CONTACTS: Annie Alexander, Senior Executive Assistant/Board Secretary
SUBJECT: Minutes of the Board of Directors Meeting Held July 26 and August 9,
2022
RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
1. Draft Minutes for Regular Board Meeting on July 26, 2022
2. Draft Minutes for Regular Board Meeting on August 9, 2022
Page 19 of 57
Minutes of the YLWD Board of Directors Regular Meeting Held July 26, 2022 at 5:30 p.m. 1
2022-XXX
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, July 26, 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
Vice President Jones led the pledge.
4. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
J. Wayne Miller, PhD, President Doug Davert, Interim General Manager
Brooke Jones, Vice President Delia Lugo, Finance Manager
Trudi DesRoches Rosanne Weston, Engineering Manager
Phil Hawkins Annie Alexander, Board Secretary
DIRECTORS ABSENT ALSO PRESENT
Tom Lindsey Andrew Gagen, General Counsel
Kidman Gagen Law LLP
5. ADDITIONS/DELETIONS TO THE AGENDA
None.
6. PUBLIC COMMENTS
None.
7. CLOSED SESSION
The Board entered Closed Session at 5:32 p.m.
Page 20 of 57
Minutes of the YLWD Board of Directors Regular Meeting Held July 26, 2022 at 5:30 p.m. 2
2022-XXX
7.1.Public Employment
Pursuant to Section 54957 of the California Government Code
Title: General Manager
7.2.Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representatives: To Be Determined
Unrepresented Employee: General Manager
7.3.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 6:30 p.m.
General Counsel Gagen reported that the Board took no reportable action during
Closed Session.
8. PUBLIC HEARINGS
8.1.Collection of Certain Sewer Maintenance Charges on Fiscal Year 2022-23
Tax Roll
Interim General Manager Davert explained that the sewer maintenance
charges for certain customers were collected on the property tax roll for
which a public hearing and adoption of a resolution is required.
President Miller opened the public hearing at 6:32 p.m.
Board Secretary Alexander confirmed that the public hearing had been
properly noticed on July 7 and July 14, 2022 in the Yorba Linda Star.
President Miller opened the floor to public comment on this matter for which
there was none.
Board Secretary Alexander confirmed that no written communications from
the public had been received.
President Miller closed the public hearing at 6:33 p.m.
Page 21 of 57
Minutes of the YLWD Board of Directors Regular Meeting Held July 26, 2022 at 5:30 p.m. 3
2022-XXX
There was no further discussion.
Director Hawkins made a motion, seconded by Director Jones, to adopt
Resolution No. 2022-XX electing to place Sewer Maintenance Charges on
the property tax roll of certain properties for collection and remittance to the
District, adopting the report to place said charges on the property tax roll for
Fiscal Year 2022-23, and repealing Resolution No. 2021-31. Motion carried
4-0-0-1 on a roll call vote with Director Lindsey absent.
8.2.Collection of Capital (Finance) Charges on Fiscal Year 2022-23 Tax Roll
Interim General Manager Davert explained that the capital finance charges,
as described in the 2020 Rate Study, were collected on the property tax roll
for which a public hearing and adoption of a resolution is required.
President Miller opened the public hearing at 6:34 p.m.
Board Secretary Alexander confirmed that the public hearing had been
properly noticed on July 7 and July 14, 2022 in the Yorba Linda Star.
President Miller opened the floor to public comment on this matter for which
there was none.
Board Secretary Alexander confirmed that no written communications from
the public had been received.
President Miller closed the public hearing at 6:35 p.m.
There was no further discussion.
Director Hawkins made a motion, seconded by Director Jones, to adopt
Resolution No. 2022-XX electing to place Capital (Finance) Charges on the
property tax roll for collection and remittance to the District, adopting the
report to place said charges on the property tax roll for Fiscal Year 2022-
23, and repealing Resolution No. 2021-16. Motion carried 4-0-0-1 on a roll
call vote with Director Lindsey absent.
9. CONSENT CALENDAR
Director Hawkins made a motion, seconded by Director DesRoches, to approve
the Consent Calendar. Motion carried 4-0-0-1 on a roll call vote with Director
Lindsey absent.
Page 22 of 57
Minutes of the YLWD Board of Directors Regular Meeting Held July 26, 2022 at 5:30 p.m. 4
2022-XXX
9.1.Minutes of the Board of Directors Meetings Held July 11-12, 14, 18-19, 2022
Recommendation: That the Board of Directors approve the minutes as
presented.
9.2.Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $2,120,386.71.
10. DISCUSSION ITEMS
10.1 Completed Land Purchase Transaction Between YLWD and Hilltop 3
Development, LLC
Staff reported that the District had closed on the purchase of two properties
for the purpose of gaining unencumbered access to Little Canyon Reservoir
and Timber Ridge Booster Pump Station (BPS). This will also allow the
District to complete the pending project of replacing the Timber Ridge BPS.
This project is expected to go out to bid in August 2022 with projected
completion in November 2023. Staff then responded to questions regarding
the capacity of the new booster pump station.
President Miller requested an update on the impact of MWD’s 2-week shutdown
for emergency repairs on the Upper Feeder pipeline in September. Director
DesRoches explained that the shutdown would have minimal impact on the Diemer
Water Treatment Plant and the District’s import water supply.
11. ADJOURNMENT
11.1.Director Hawkins made a motion, seconded by Director Jones, to adjourn
the meeting at 6:47 p.m. Motion passed 4-0-0-1 on a roll call vote with
Director Lindsey absent.
Annie Alexander
Board Secretary
Page 23 of 57
Minutes of the YLWD Board of Directors Regular Meeting Held August 9, 2022 at 5:30 p.m. 1
2022-XXX
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, August 9, 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
Vice President Jones led the pledge.
4. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
J. Wayne Miller, PhD, President Doug Davert, Interim General Manager
Brooke Jones, Vice President John DeCriscio, Operations Manager
Trudi DesRoches Delia Lugo, Finance Manager
Tom Lindsey Rosanne Weston, Engineering Manager
Alison Martin, Public Affairs Manager
Annie Alexander, Board Secretary
DIRECTORS ABSENT ALSO PRESENT
Phil Hawkins Andrew Gagen, General Counsel
Kidman Gagen Law LLP
5. ADDITIONS/DELETIONS TO THE AGENDA
None.
6. PUBLIC COMMENTS
None.
7. CLOSED SESSION
The Board entered Closed Session at 5:32 p.m.
Page 24 of 57
Minutes of the YLWD Board of Directors Regular Meeting Held August 9, 2022 at 5:30 p.m. 2
2022-XXX
7.1.Conference with Legal Counsel – Anticipated Litigation
Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section
54956.9 of the California Government Code
Number of Potential Cases: One
7.2.Conference with Legal Counsel – Anticipated Litigation
Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section
54956.9 of the California Government Code
Number of Potential Cases: One
7.3.Conference with Legal Counsel – Anticipated Litigation
Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section
54956.9 of the California Government Code
Number of Potential Cases: One
7.4.Public Employment
Pursuant to Section 54957 of the California Government Code
Title: General Manager
7.5.Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representatives: Board President and General Counsel
Unrepresented Employee: General Manager
The Board returned to Open Session at 6:31 p.m.
8. REPORT FROM CLOSED SESSION
General Counsel Gagen reported that the Board took no reportable action during
Closed Session.
9. PUBLIC COMMENTS CONTINUED
None.
10. INTRODUCTIONS AND PRESENTATIONS
10.1.Elected Officials Liaison Reports
None.
Page 25 of 57
Minutes of the YLWD Board of Directors Regular Meeting Held August 9, 2022 at 5:30 p.m. 3
2022-XXX
10.2.Federal and State Legislative Update
Staff briefed the Board on SB1157 Hertz-Berg Bill on indoor water use, which
is going to be a focus of the legislature and is being monitored by Townsend
Public Affairs. The District is still on the oppose unless amended coalition
trying to seek amendments on the bill on indoor water use standards.
11. CONSENT CALENDAR
Vice President Jones requested to remove Item Nos. 11.3, 11.6, and 11.8 from the
Consent Calendar for separate action. Director Lindsey requested to remove Item
No. 11.9.
Director DesRoches 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.
11.1.Minutes of the Board of Directors Meeting Held July 21, 2022
Recommendation: That the Board of Directors approve the minutes as
presented.
11.2.Reauthorizing Continuation of Virtual/Teleconference Board Meetings
Recommendation: That the Board of Directors reauthorize the continuation of
virtual/teleconference meetings pursuant to AB 361 for an additional 30 days
based on the findings that (1) the Board has reconsidered the circumstances
of the state of emergency for COVID-19, and that (2) state and local officials
continue to impose or recommend measures to promote social distancing.
11.4.Budget to Actual Statements for the Month Ending June 30, 2022
Recommendation: That the Board of Directors receive and file the Budget to
Actual Reports for the Month Ending June 30, 2022.
11.5 Cash and Investment Report for the Month Ending June 30, 2022
Recommendation: That the Board of Directors receive and file the Cash and
Investment Report for the Period Ending June 30, 2022.
11.7.Declaration of Restrictive Covenants with Juan Ma of 5992 Jasper Drive,
Yorba Linda
Recommendation: That the Board of Directors authorize the Board President
and Interim General Manager to execute a Declaration of Restrictive
Covenants with Juan Ma of 5992 Jasper Drive, Yorba Linda.
Page 26 of 57
Minutes of the YLWD Board of Directors Regular Meeting Held August 9, 2022 at 5:30 p.m. 4
2022-XXX
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION
Staff responded to questions from the Board regarding capital and operating and
maintenance expenses for the PFAS Water Treatment Plant services under Item
No. 11.3., comparative costs for rehabilitating versus replacing the pipeline related
to Item No. 11.6., and minimizing District liability related to Item Nos. 11.8. and 11.9.
Director Lindsey made a motion, seconded by Director Miller, to approve Item Nos.
11.3., 11.6., 11.8. and 11.9. Motion carried 4-0-0-1 on a roll call vote with Director
Hawkins absent.
11.3.Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $7,752,006.46.
11.6.Notice of Completion for FY22 Sewer CIPP Rehabilitation Project
Recommendation: That the Board of Directors authorize staff to file the Notice
of Completion for the FY22 Sewer CIPP Rehabilitation Project, Job No.
J-2021-28S.
11.8.Quitclaim Deeds of 4858 and 4876 Main Street
Recommendation: That the Board of Directors authorize the Interim General
Manager to execute the Quitclaim Deeds to Longball Investments, LLC,
abandoning two sets of recorded easements of the Official Records of
Orange County, California.
11.9.Quitclaim Deeds of 4842 Main Street
Recommendation: That the Board of Directors authorize the Interim General
Manager to execute the Quitclaim Deed to Transformation Ministries,
abandoning the recorded easement of the Official Records of Orange County,
California.
12. ACTION CALENDAR
12.1.Response to Orange County Grand Jury Report - Water in Orange County
Needs "One Voice"
Interim General Manager Davert briefed the Board on the findings and
recommendations included in the Grand Jury’s report and recommended the
District take a neutral approach as reflected in the draft response.
Page 27 of 57
Minutes of the YLWD Board of Directors Regular Meeting Held August 9, 2022 at 5:30 p.m. 5
2022-XXX
Interim General Manager Davert requested the last word on the second page
of the response be revised to “agency” from “bureaucracy” and responded to
questions from the Board as to why some local water agencies were excluded
from the Grand Jury’s report.
Director Jones made a motion, seconded by Director DesRoches, to approve
the response to the Orange County Grand Jury’s report as revised.
President Miller opened the floor to public comment on this item for which
there was none.
Motion carried 4-0-0-1 on a roll call vote with Director Hawkins absent.
13. REPORTS, INFORMATION ITEMS, AND COMMENTS
13.1.Director’s Reports
None.
13.2.Interim General Manager’s Report
Interim General Manager Davert referenced his report in the agenda packet
and commented on the District’s participation in upcoming community events
and the District’s upcoming credit surveillance with Fitch Ratings.
13.3.General Counsel’s Report
None.
13.4.Future Agenda Items and Staff Tasks
None.
14. COMMITTEE REPORTS
14.1.Interagency Committee with MWDOC and OCWD
(Miller / DesRoches) - Next meeting will be scheduled when needed.
14.2.Joint Agency Committee with City of Yorba Linda
(Miller / Lindsey) – Minutes of the meeting held Monday, August 8, 2022, at
4:00 p.m. will be presented when available. Next meeting is yet to be
scheduled.
Director Lindsey commented on public attendance at these committee
meetings and the favorable response and communication with the City of
Yorba Linda.
Page 28 of 57
Minutes of the YLWD Board of Directors Regular Meeting Held August 9, 2022 at 5:30 p.m. 6
2022-XXX
14.3.Joint Agency Committee with City of Placentia
(Jones / Lindsey) - Next meeting is in the process of being scheduled.
15. BOARD OF DIRECTORS ACTIVITY CALENDAR
15.1 Meetings from August 10 – September 30, 2022
16. ADJOURNMENT
16.1.Director Lindsey made a motion, seconded by Director Jones, to adjourn the
meeting at 7:06 p.m. Motion passed 4-0-0-1 on a roll call vote with Director
Hawkins absent.
Annie Alexander
Board Secretary
Page 29 of 57
ITEM NO. 10.2.
AGENDA REPORT
MEETING DATE: August 23, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager/Interim General Manager
STAFF CONTACTS: Annie Alexander, Senior Executive Assistant/Board Secretary
SUBJECT: Reauthorizing Continuation of Virtual/Teleconference Board Meetings
RECOMMENDATION:
That the Board of Directors reauthorize the continuation of virtual/teleconference meetings pursuant
to AB 361 for an additional 30 days based on the findings that (1) the Board has reconsidered the
circumstances of the state of emergency for COVID-19, and (2) state and local officials continue to
impose or recommend measures to promote social distancing.
BACKGROUND:
At the October 21, 2021 Board meeting, pursuant to AB 361, the Board of Directors adopted
Resolution No. 2021-40 and authorized the Board to continue to have remote meetings based on the
continued state of emergency for COVID-19 and the finding that state and local officials have
imposed or recommended measures to promote social distancing. At the past several meetings,
including the July 12, 2022 meeting, the Board voted to continue such remote meetings for an
additional 30-day period. As previously indicated, if the Board wishes to continue to hold remote
meetings pursuant to AB 361, and assuming a state of emergency is still in place, it must make
similar findings at least every 30 days.
At the time this report was prepared, there is a continued state of emergency for COVID-19, and state
and local officials continue to impose or recommend measures to promote social distancing. This item
is on the agenda for the Board to consider whether to continue remote meetings pursuant to AB 361
for an additional 30 days and to make the appropriate findings.
Page 30 of 57
ITEM NO. 10.3.
AGENDA REPORT
MEETING DATE: August 23, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager/Interim General Manager
STAFF CONTACTS: Annie Alexander, Senior Executive Assistant/Board Secretary
SUBJECT: Endorsement of Vice President Brooke Jones' Candidacy for 3rd Vice
President on the Independent Special Districts of Orange County (ISDOC)
Executive Committee
RECOMMENDATION:
That the Board of Directors adopt Resolution No. 2022-XX endorsing the candidacy of Vice President
Brooke Jones to the position of 3rd Vice President on ISDOC's Executive Committee.
BACKGROUND:
ISDOC has issued an official notice and call for candidates for multiple positions on its Executive
Committee for the upcoming two-year term, commencing January 1, 2023. Vice President Brooke
Jones has expressed an interest in being nominated as a candidate for the position of 3rd Vice
President, which requires a resolution of endorsement from the Board of Directors due Wednesday,
September 14, 2022. The election will be by mail ballot and new officers will be announced at the
Quarterly Meeting on Thursday, October 27, 2022.
Responsibilities of the position include chairing the Legislative Committee which involves providing
legislative updates, making legislative position recommendations to the Executive Committee, and in
the absence of the President, First Vice President, and Second Vice President, performing all duties
of the President. The Executive Committee typically meets on the first Tuesday of each month in the
offices of the Municipal Water District of Orange County.
STRATEGIC PLAN INITIATIVES:
G1 5B - Actively participate with existing water/sewer organizations on regulatory and emerging
issues.
ATTACHMENTS:
1. ISDOC Executive Committee Election
2. Resolution No. 2022-XX - ISDOC Candidate Endorsement
Page 31 of 57
Mailing Address
P.O. Box 20895
Fountain Valley, CA 92728
Meeting Location
MWDOC/OCWD
18700 Ward Street
Fountain Valley, CA 92708
(714) 963-3058
(714) 964-5930 fax
https://isdoc.specialdistrict.org/
Executive Committee President Hon. Mark Monin
El Toro Water District 1st Vice President Hon. Arlene Schafer
Costa Mesa Sanitary District
2nd Vice President
Hon. Bob McVicker
Municipal Water District Orange
County 3rd Vice President Brooke Jones
Yorba Linda Water District Secretary
Hon. Greg Mills
Serrano Water District
Treasurer Hon. Bill Green
South Coast Water District
Immediate Past President Hon. Saundra Jacobs
Santa Margarita Water District
Staff Administration
Heather Baez
Municipal Water District of Orange
County
Tina Dubuque
Municipal Water District of Orange
County
August 1, 2022
PLEASE DISSEMINATE TO ALL BOARD MEMBERS
This email shall serve as official notice and call for candidates for the positions of President,
First Vice President, Second Vice President, Third Vice President, Secretary and Treasurer on
the Executive Committee of the Independent Special Districts of Orange County (ISDOC).
Terms of office are for two years, commencing on January 1, 2023.
The election will be by mail ballot and new officers will be announced at the October 27, 2022
Quarterly Meeting. Ballots will be mailed to all regular ISDOC members in good standing on
Friday, September 16, 2022 and are due by October 21, 2022.
Nominations will close on Wednesday, September 14, 2022. Any Board Member/Trustee of a
regular ISDOC member agency is eligible for nomination to any of the open positions.
Individuals who wish to be considered for a position should submit a letter of interest for that
position, together with a resolution from their Board authorizing their candidacy.
Responsibilities of the positions are as follows:
PRESIDENT: The President is the chief executive officer of ISDOC. He or she presides at all
meetings of the Board of Directors and the Executive Committee, appoints all committees, and
represents ISDOC as its official spokesperson.
FIRST VICE PRESIDENT: The First Vice President chairs the Program Committee. Duties
include planning the Quarterly Luncheon program, inviting and coordinating with the invited
speaker, and in the absence of the President, shall perform all duties of the President.
SECOND VICE PRESIDENT: The Second Vice President chairs the Membership Committee.
Duties include maintaining a list of current regular and associate members, follow up with any
outstanding membership dues as needed, and in the absence of the President and First Vice
President, shall perform all duties of the President.
THIRD VICE PRESIDENT: The Third Vice President chairs the Legislative Committee.
Duties include providing a legislative update, making legislative position recommendations to the
Executive Committee, and in the absence of the President, First Vice President, and Second Vice
President, shall perform all duties of the President.
SECRETARY: The Secretary is responsible for all correspondence and the dissemination of
information to members. Duties include preparing and distributing agendas and minutes for the
Executive Committee meeting, and editing and publishing the quarterly newsletter. All official
correspondence to the members will be approved in advance by the President or President’s
designee.
TREASURER: The Treasurer maintains the complete financial records and bank accounts in
the name of the Organization, and pays all bills duly approved by the Executive Committee, with
a report to be presented to the membership at the Organizations next membership meeting.
Meetings of the Executive Committee are held virtually on the first Tuesday of each month at 7:30
a.m. Please see ISDOC website for details. https://isdoc.specialdistrict.org/
If you are seeking nomination to a position on the Executive Committee, please send your
letter/email of interest and a copy of your Board's authorizing resolution to Heather Baez at
hbaez@mwdoc.com. All nomination requests must be received by Wednesday, September 14,
2022.
If you have any questions about the any of the positions or the election process, please contact
either Heather Baez at hbaez@mwdoc.com or Tina Dubuque at tdubuque@mwdoc.com.
Page 32 of 57
Mailing Address
P.O. Box 20895
Fountain Valley, CA 92728
Meeting Location
MWDOC/OCWD
18700 Ward Street
Fountain Valley, CA 92708
(714) 963-3058
(714) 964-5930 fax
Executive Committee
President Hon. Mark Monin
El Toro Water District
1st Vice President
Hon. Arlene Schafer
Costa Mesa Sanitary District 2nd Vice President Hon. Bob McVicker
Municipal Water District of
Orange County 3rd Vice President
Hon. Brooke Jones
Yorba Linda Water District
Secretary Hon. Greg Mills
Serrano Water District
Treasurer Hon. Bill Green
South Coast Water District
Immediate Past President
Hon. Saundra Jacobs
Santa Margarita Water District
Staff Administration
Heather Baez
Municipal Water District of Orange
County
Tina Dubuque
Municipal Water District of Orange
County
August 1, 2022 Call for nominations sent out for the
2023-2024 Executive Committee
officer positions. We are seeking
candidates for President, 1st Vice
President, 2nd Vice President, 3rd Vice
President, Secretary, Treasurer,
Programs, membership and legislation
to the 1st, 2nd, 3rd VP.
September 14, 2022 The Nomination period for Executive
Committee officer positions closed.
Nominations should include the
following:
1. Board Resolution authorizing
your candidacy;
2. Position for which you are
running;
3. What you will bring to ISDOC,
and;
4. Introductory about yourself.
September 16, 2022 Ballots sent out – Via US mail and
email.
October 21, 2022 Ballots are due – Via US mail or email
to Heather Baez:
P.O. Box 20895
Fountain Valley, CA 92728 or
hbaez@mwdoc.com
October 27, 2022 The names of officers elected
announced at ISDOC quarterly
meeting.
January 1, 2023 Executive Committee officers begin
new term.
Independent Special Districts of
Orange County
2022 Election Timeline
Page 33 of 57
Resolution No. 2022-XX Endorsing Candidacy of Brooke Jones for 3rd Vice President of ISDOC Executive Committee 1
RESOLUTION NO. 2022-XX
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ENDORSING THE CANDIDACY OF DIRECTOR BROOKE JONES TO THE
POSITION OF 3RD VICE PRESIDENT OF THE EXECUTIVE COMMITTEE
OF THE INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY
WHEREAS,the Yorba Linda Water District (YLWD) is a county water district organized
and operating according to California law; and
WHEREAS, YLWD is a member district of the Independent Special Districts of Orange
County (ISDOC); and
WHEREAS, ISDOC has issued an official notice and call for candidates for multiple
positions on its Executive Committee for the upcoming two-year term
commencing January 1, 2023; and
WHEREAS,ISDOC bylaws requires officials who wish to seek appointment as an officer
to secure an endorsement of their candidacy in the form of a resolution
adopted by the officer’s governing body; and
WHEREAS,Vice President Brooke Jones has expressed an interest in being nominated
as a candidate for the position of 3rd Vice President.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
Section 1.That the candidacy of Vice President Brooke Jones for the position of 3rd
Vice President of ISDOC’s Executive Committee is hereby endorsed.
Section 2.That the Board Secretary is hereby directed to transmit a certified copy of
this resolution to ISDOC forthwith.
PASSED AND ADOPTED this 23rd day of August 2022, by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
J. Wayne Miller, PhD, President
Yorba Linda Water District
Page 34 of 57
Resolution No. 2022-XX Endorsing Candidacy of Brooke Jones for 3rd Vice President of ISDOC Executive Committee 2
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. Gagen, Esq.
Kidman Gagen Law LLP
Page 35 of 57
ITEM NO. 10.4.
AGENDA REPORT
MEETING DATE: August 23, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager/Interim General Manager
STAFF CONTACTS: Gina Knight, Human Resources and Risk Manager
SUBJECT: Claim for Damages Filed by Dean and Christine Allevato
RECOMMENDATION:
That the Board of Directors reject and deny the claim filed by Dean and Christine Allevato.
BACKGROUND:
On April 4, 2022, the District received a claim filed by Dean and Christine Allevato stating the asphalt
areas in the road easement in front of their property located at 17738 Buena Vista Ave has collapsed
and corroded, causing low spots to develop and accumulate storm water runoff. The claimant states
that the District allowed previous construction work as well as the current neighbor's sewer tie project
to allow for heavy equipment onto the easement, which exacerbated the condition.
District staff conducted an investigation into the allegations and concluded there was no settling or
damage caused by our lines and the District is not responsible for damage caused by the private
party contractors.
The claimant was verbally notified the claim was going to be rejected and denied as the District is not
responsible for the road damage.
The claim form and supporting documents are on file and available for review in the office of the
Board Secretary.
Page 36 of 57
ITEM NO. 10.5.
AGENDA REPORT
MEETING DATE: August 23, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager/Interim 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 $1,424,309.01.
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 $442,023.05
to MWDOC for June 2022 water purchases; a wire of $91,783.24 to So. California Edison Co. for
July 2022 electricity charges at multiple locations; a wire of $637.00 to Switch for the remote data
hosting co-location; a wire of $105,624.80 to So. California Gas Co. for July 2022 gas charges at
multiple locations; a wire of $637.00 to Switch for the remote data hosting co-location; a wire of
$4,947.75 to American Business Bank for J18-27 Pacific Hydrotech retention holdings; a check of
$94,007.25 to Pacific Hydrotech Corporation for J18-27 Hidden Hills Booster Pump Station; a check
of $136,582.77 to ACWA/JPIA for September 2022 medical and dental premiums.
The balance of $224,674.80 are routine invoices.
The Accounts Payable check register total is $1,100,280.66; Payroll No. 16 total is $324,028.35;
where disbursements for this agenda report total is $1,424,309.01. A summary of the disbursements
is attached.
ATTACHMENTS:
1. Cap Sheet for August 23, 2022
2. Check Register for August 23, 2022
Page 37 of 57
CHECK NUMBERS:
8/23/2022 Computer Checks 80479-80547 455,264.82$
455,264.82$
WIRES:
W081022 Southern Calif Edison Co.91,783.24$
W081522 Municipal Water District 442,023.05
W081522A Switch Ltd 637.00
W081622 Southern Calif Gas Co.105,624.80
W082422 American Business Bank 4,947.75
645,015.84$
1,100,280.66$
PAYROLL NO. 16:
Direct Deposits 202,635.80$
Payroll Taxes 51,484.69
EFT -- CalPERS 47,962.33
Third Party Checks 7782-7786 21,945.53
324,028.35$
324,028.35$
1,424,309.01$
Summary of Disbursements
August 23, 2022
------------------------------------------------------------------------------------------------------------------
TOTAL OF PAYROLL
TOTAL OF CHECKS & WIRES
================================================================
MEETING OF AUGUST 23, 2022
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
================================================================
DISBURSEMENT TOTAL
Page 38 of 57
Check No.Date Vendor Name Amount Description
80479 08/23/2022 LONNIE FISCHER 12.48 CUSTOMER REFUND
80480 08/23/2022 PAMELA LAY 9,501.74 CUSTOMER REFUND
80481 08/23/2022 DANIEL HEITZ 65.48 CUSTOMER REFUND
80482 08/23/2022 HUMBERTO GARCIA 127.47 CUSTOMER REFUND
80483 08/23/2022 TUPING SHEN 21.89 CUSTOMER REFUND
80484 08/23/2022 BIG BEN ENGINEERING 1,853.60 CUSTOMER REFUND
80485 08/23/2022 CAROLYN GARCIA 40.01 CUSTOMER REFUND
80486 08/23/2022 SBK INVESTMENTS LLC 442.80 CUSTOMER REFUND
80487 08/23/2022 AIRGAS INC 65.72 WELDING SUPPLIES
80488 08/23/2022 All American Asphalt 13,588.38 J20-59/S MANHOLE & VALVE BOX ADJUSTMENT
80489 08/23/2022 Amazon Capital Services 9.58 MARKING TAPE & IT SUPPLIES
80490 08/23/2022 Aqua-Metric Sales Co.9,158.16 OPERATIONS WORK MATERIAL
80491 08/23/2022 Aramark 382.60 UNIFORM SERVICE
80492 08/23/2022 ArchiveSocial, Inc 2,988.00 ARCHIVE SERVICE SUBSCRIPTION 7/2022-6/2023
80493 08/23/2022 AT & T - Calnet3 1,493.75 ATT CALNET
80494 08/23/2022 BASE HILL INC.4,667.58 JANITORIAL SERVICES
80495 08/23/2022 BrightView Tree Care Services Inc.5,554.74 MONTHLY LANDSCAPE SERVICE
80496 08/23/2022 Brooke Jones 25.27 MILEAGE REIMBURSEMENT
80497 08/23/2022 City Of Placentia 9,834.29 SEWER COLLECTIONS - JULY 2022
80498 08/23/2022 Clinical Lab. Of San Bern.1,560.00 WATER QUALITY LAB WORK
80499 08/23/2022 Climatec BTG 6,908.12 AC ELECTRICAL SERVICES
80500 08/23/2022 Codekas Tools & Equipment 531.79 MECHANIC SHOP TOOLS
80501 08/23/2022 De Nora Water Technologies, Inc 138.51 PRESSURE GAUGES
80502 08/23/2022 deRose Promos 2,211.90 PRMOTIONAL CUPS
80503 08/23/2022 Dion & Sons, Inc.1,135.63 STATIONARY ENGINE OIL
80504 08/23/2022 Dunn-Edwards Corporation 5,126.94 J21-39 BRYANT RANCH PAINT SUPPLIES
80505 08/23/2022 Eisel Enterprises, Inc.3,432.92 J20-59 VALVE BOXES
80506 08/23/2022 Enthalpy Analytical, Inc.9,120.00 WATER QUALITY TESTING
80507 08/23/2022 Fuller Truck Accessories 1,871.81 LED LIGHTS & CAMERA KIT FOR UNIT #240
80508 08/23/2022 Fullerton Paint & Flooring 774.51 MARKING PAINT
80509 08/23/2022 Hach Company 320.13 WATER QUALITY WORK MATERIALS
80510 08/23/2022 Infosend Inc.12,131.14 BILLING & POSTAGE CUSTOMER BILL
80511 08/23/2022 Kidman Gagen Law 27,065.20 LEGAL SERVICES - JULY 2022
80512 08/23/2022 Liebert Cassidy Whitmore 555.00 PROFESSIONAL SERVICES JUNE 2022
80513 08/23/2022 Managed Health Network 175.50 EAP - AUGUST 2022
80514 08/23/2022 Mc Fadden-Dale Hardware 303.13 PRODUCTION HARDWARE SUPPLIES & HYDRANT REPAIR MATERIALS
80515 08/23/2022 Municipal Water District 1,600.00 ORANGE COUNTY WATER SUMMIT TABLE SPONSORSHIP
80516 08/23/2022 Murcal, Inc.7,063.32 PARTS FOR WELL #1 & HIGHLAND PUMP
80517 08/23/2022 NASSCO, Inc.3,100.00 PACP TRAINING
80518 08/23/2022 NatPay Online Business Solutions 27.54 DOCULIVERY - JULY 22
80519 08/23/2022 New Pig Corporation 563.86 MECHANIC SHOP TOOLS
80520 08/23/2022 Nickey Kard Lock Inc 8,384.67 FUEL 7/16/22-7/31/22
80521 08/23/2022 Office Solutions 29.37 OFFICE SUPPLIES
80522 08/23/2022 Orange County - Tax Collector 194.00 OCSD RADIO CHARGE
80523 08/23/2022 County of Orange 45.51 LANDFILL FEES
80524 08/23/2022 Pacific Hydrotech Corporation 94,007.25 J18-27 HIDDEN HILLS BOOSTER PUMP STATION SERVICE
80525 08/23/2022 Quinn Company 8,621.21 PARTS FOR WELL #1 & STATIONARY ENGINE PARTS
80526 08/23/2022 Red Wing Shoes 5,475.48 SAFETY BOOTS FOR STAFF
80527 08/23/2022 R & S Automation Inc.2,013.79 MATERIALS FOR YARD GATES
80529 08/23/2022 Ruben Maldonado 250.00 SAFETY BOOTS REIMBURSEMENT
80530 08/23/2022 RYAN PACE 80.00 CERTIFICATE REIMBURSEMENT - DISTRIBUTION 2
80531 08/23/2022 Selman Chevrolet Company 195.27 PARTS FOR UNITS #222 & 217
80532 08/23/2022 Shoeteria Industrial 2,903.97 SAFETY BOOTS FOR STAFF
80533 08/23/2022 Shred Confidential, Inc.79.88 MONTHLY SHRED SERVICE
80534 08/23/2022 South Coast AQMD 277.07 EMISSIONS FEE
80535 08/23/2022 Southern California Fleet Services, Inc 3,887.25 REPAIR WORK FOR UNITS #168, 199 & 210
80536 08/23/2022 Sunrise Medical Group 1,750.81 J20-15 TESTING EXPENSE & EMPLOYEE PHYSICALS
80537 08/23/2022 Underground Service Alert 493.99 NEW TICKET CHARGES & CA STATE FEE
80538 08/23/2022 USA Blue Book 59.15 HYDRANT BAGS
For Checks Dated: 8/10/2022 thru 8/23/2022
Yorba Linda Water District
Check Register
Page 39 of 57
80539 08/23/2022 United Water Works, Inc.14,517.34 OPERATIONS WORK MATERIAL
80540 08/23/2022 Westside Building Material 604.54 PADLOCKS
80541 08/23/2022 West Coast Batteries Inc 826.94 BATTERIES FOR TIMBER RIDGE & LAKEVIEW
80542 08/23/2022 YO Fire 11,098.83 OPERATIONS WORK MATERIAL
80543 08/23/2022 Zetroc Electric LLC 2,705.00 J22-08 ELECTRICAL WORKS
80544 08/23/2022 Safety-Kleen Systems Inc 335.00 HAZARDOUS MATERIAL DISPOSAL
80545 08/23/2022 ACWA/JPIA 136,582.77 MEDICAL & DENTAL PREMIUM SEPTEMBER 2022
80546 08/23/2022 ACWA/JPIA 11,005.95 CYBER LIABILITY PROGRAM 7/2022-6/2023
80547 08/23/2022 R & S Automation Inc.3,289.29 J21-39 PAINT SUPPLIES
W081022 08/10/2022 Southern Calif Edison Co.91,783.24 ELECTRICITY CHARGES - JULY 2022 VARIOUS LOCATIONS
W081522 08/15/2022 Municipal Water District 442,023.05 WATER DELIVERIES - JUNE 2022
W081522A 08/15/2022 Switch Ltd 637.00 DATA HOSTING CO-LOCATION
W081622 08/16/2022 Southern Calif Gas Co.105,624.80 GAS CHARGES - JULY 2022 VARIOUS LOCATIONS
W082422 08/24/2022 American Business Bank 4,947.75 PACIFIC HYDROTECH RETENTION ESCROW HOLDINGS
1,100,280.66
07/21/2022 PAYROLL - EMPLOYEE DIRECT DEPOSIT 202,635.80
07/21/2022 PAYROLL - PAYROLL TAX PAYMENT 51,484.69
07/21/2022 PAYROLL - CALPERS & TASC 47,962.33
7782 07/21/2022 Lincoln Financial Group 3,623.91
7783 07/21/2022 Nationwide Retirement Solutions 17,483.05
7784 07/21/2022 CA State Disbursement Unit 366.92
7785 07/21/2022 CA State Disbursement Unit 384.92
7786 07/21/2022 Colonial Life 86.73
324,028.35
Payroll Checks #16
Page 40 of 57
ITEM NO. 10.6.
AGENDA REPORT
MEETING DATE: August 23, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager/Interim General Manager
STAFF CONTACTS: Delia Lugo, Finance Manager
SUBJECT: Unaudited Financial Statements for the Fourth Quarter of Fiscal Year
2021-22
RECOMMENDATION:
That the Board of Directors receive and file the Unaudited Financial Statements for the Fourth
Quarter of Fiscal Year 2021-22.
BACKGROUND:
For the period ending June 30, 2022, staff is presenting “unaudited” statements in the CAFR format.
We have included a Statement of Net Position, a Debt Service Ratio Calculation, a Consolidated
Budget to Actual Statement, as well as the individual Water and Sewer Budget to Actual Statements.
As reported in the Balance Sheet of the Statement of Net Position, the District’s Net Position reflects
a negative result when compared to that of the same reporting period of the prior fiscal year by
approximately $400,000. This is prominently due to an increase in operating costs and decrease in
depreciable Capital Assets as reported.
Cumulative Volumetric Water Revenue, as reported through the Period Ending June 30, 2022,
reflects an average decrease in customer consumption of approximately 8.6% as compared to prior
year for the same reporting period.
Total Variable Water Costs results reflect 10.6% increase when compared to prior year for the same
reporting period. The increase in costs is reflective of the District's increased purchase of import
water to meet demand on the water system.
With the issuance of the Refunding Revenue Bonds, Series 2017A the District covenanted “…to fix,
prescribe and collect rates and charges for Water Service which will be at least sufficient to yield
during each Fiscal Year, Net Revenues equal to 125% of the Debit Service for such Fiscal Year.” To
confirm the covenant is upheld, staff calculates the Debt Service Ratio quarterly and is received and
filed by the Board of Directors. Accordingly, the “unaudited” Debt Service Ratio Calculation of the
Water Enterprise for the Period Ending June 30, 2022, being projected at 241%.
ATTACHMENTS:
1. Unaudited Financial Statements for the Quater Ending June 30-2022
Page 41 of 57
June 2022 June 2021
OPERATING REVENUES:
Water sales 38,495,864$ 35,539,145$
Sewer revenues 3,204,395 2,741,689
Other operating revenues 1,311,233 870,517
TOTAL OPERATING REVENUES 43,011,492 39,151,351
OPERATING EXPENSES
Variable water costs 20,603,386 18,632,736
Personnel services 10,176,469 10,763,090
Supplies and services 6,295,001 5,458,539
Depreciation and amortization 7,998,664 7,859,258
TOTAL OPERATING EXPENSES 45,073,520 42,713,623
OPERATING INCOME/(LOSS) (2,062,028) (3,562,272)
NONOPERATING REVENUES (EXPENSES):
Property taxes 2,157,211 2,047,105
Investment income 175,418 218,298
Interest expense (1,243,328) (1,293,830)
Other nonoperating revenues 104,310 1,354,784
Other nonoperating expenses 68,144 (1,121,883)
TOTAL NONOPERATING REVENUES/EXPENSES 1,261,755 1,204,474
NET INCOME/(LOSS) BEFORE CAPITAL
CONTRIBUTIONS, SPECIAL/EXTRAORDINARY ITEM(S) (800,273) (2,357,798)
CAPITAL CONTRIBUTIONS 289,612 2,051,988
CHANGES IN NET ASSETS (510,661) (305,810)
NET ASSETS - BEGINNING OF YEAR 164,094,551 164,280,615
NET ASSETS - FOR PERIOD END JUNE 30, 2022 163,583,890$ 163,974,805$
YORBA LINDA WATER DISTRICT
UNAUDITED COMBINING SCHEDULE OF REVENUES, EXPENSES
AND CHANGES IN NET ASSETS
June 30, 2022
(With June 30, 2021 Actuals for comparison only)
Page 42 of 57
ASSETS June 2022 June 2021
CURRENT ASSETS:
Cash and cash equivalents 42,608,876$ 40,336,378$
Investment 2,163,510 2,181,492
Accounts receivable - water and sewer services 5,300,791 5,095,307
Accrued interest receivable 68,358 3,232
Prepaid expenses & other deposits 316,050 292,809
Inventory 332,389 264,906
TOTAL CURRENT ASSETS 50,789,974 48,174,124
NONCURRENT ASSETS:
Bond issuance costs 276,235 301,066
Deferred Pension Plan 2,086,901 2,224,306
Deferred OPEB Plan 1,027,167 539,981
Capital assets:
Non-depreciable 8,178,732 4,622,306
Depreciable, net of accumulated depreciation 176,886,957 179,359,477
TOTAL NONCURRENT ASSETS 188,455,992 187,047,136
TOTAL ASSETS 239,245,966 235,221,260
LIABILITIES
CURRENT LIABILITIES:
Accounts payable 7,741,068 6,151,045
Accrued expenses 390,746 302,545
Accrued OPEB 8,123
Accrued Interest Payable 351,883 367,577
Refunding Revenue Bond(s) - current portion 1,350,000 1,290,000
Compensated absences 469,791 465,035
Net OPEB Obligation 7,388 -
Customer and construction deposits 2,036,034 1,157,576
Deferred revenue 15,776 169,265
TOTAL CURRENT LIABILITIES 12,362,686 9,911,166
LONG-TERM LIABILITIES (LESS CURRENT PORTION):
Deferred annexation revenue 11,627,795 12,122,841
Compensated absences 1,409,373 1,395,104
Net Pension Liability 5,595,057 9,372,305
Net OPEB Liability 512,845 1,461,264
Deferred Pension Plan 4,887,370 418,786
Deferred OPEB Plan 387,257 374,225
Deferred Inflow - Gain on Bond 82,791 87,886
Refunding Revenue Bond(s) 33,053,151 34,659,127
Line of Credit 5,743,751 1,443,751
TOTAL LONG TERM LIABILITIES (LESS
CURRENT PORTION) 63,299,390 61,335,289
TOTAL LIABILITIES 75,662,076 71,246,455
NET ASSETS: 163,583,890$ 163,974,805$
YORBA LINDA WATER DISTRICT
UNAUDITED COMBINING SCHEDULE OF NET ASSETS
June 30, 2022
(With June 30, 2021 Actuals for comparison only)
Page 43 of 57
YTD Debt Prior YTD PY Debt
Actual Service Actual Service
FY22 Calculation FY21 Calculation
Revenue (Operating):
Water Revenue (Residential) 15,861,494$ 15,861,494$ 17,175,789$ 17,175,789$
Water Revenue (Commercial & Fire Det.) 1,606,688 1,606,688 1,720,003 1,720,003$
Water Revenue (Landscape/Irrigation) 3,839,467 3,839,467 4,351,773 4,351,773$
Water Revenue (Service Charge) 13,358,664 13,358,664 11,551,365 11,551,365$
Water Revenue (Capital Finance Charge) 2,940,151 2,940,151 - -$
Water Revenue (PFAS Impact Fee) 889,401 889,401 740,215 740,215
Other Operating Revenue 1,123,731 1,123,731 722,015 722,015$
Total Operating Revenue:39,619,596 39,619,596 36,261,160 36,261,160
Revenue (Non-Operating):
Interest 139,232 139,232 166,989 166,989
Property Tax 2,157,212 2,157,212 2,047,105 2,047,105
Other Non-Operating Revenue 19,297 19,297 1,322,596 1,322,596
Total Non-Operating Revenue:2,315,741 2,315,741 3,536,690 3,536,690
Total Revenue 41,935,337 41,935,337 39,797,850 39,797,850
Expenses (Operating):
Variable Water Costs (G.W., Import & Power) 20,603,386 20,603,386 18,632,736 18,632,736
Salary Related Expenses 9,538,233 9,538,233 9,238,866 9,238,866
Supplies & Services 5,308,752 5,308,752 4,464,250 4,464,250
Depreciation 6,505,510 - 6,381,873 -
Total Operating Expenses 41,955,881 35,450,371 38,717,725 32,335,852
Expenses (Non-Operating):
Interest on Long Term Debt 1,243,328 - 1,293,830 -
Other Expense (86,851) (86,851) 1,105,852 1,105,852
Total Non-Operating Expenses:1,156,477 (86,851) 2,399,682 1,105,852
Total Expenses 43,112,358 35,363,520 41,117,407 33,441,704
Net Position Before Capital
Contributions/Special Items (1,177,021) 6,571,817 (1,319,557) 6,356,146
Capital Contributions (Non-Cash Transaction - 176,963 - 1,297,379 -
GASB 34 Compliant)
Net Position (1,000,058)$ 6,571,817$ (22,178)$ 6,356,146$
DEBT SERVICE RATIO CALCULATION:
Net Revenues 6,571,817$ 6,356,146$
Debt Service 2,728,919$ 2,729,381$
%241% 233%
Yorba Linda Water District
Unaudited Water Enterprise Debt Service Ratio Calculation
For Period Ending June 30, 2022
(With June 30, 2021 for comparison purposes)
Page 44 of 57
Yorba Linda Water District
Summary Financial Report
Water & Sewer Funds
For Period Ending June 30, 2022
Annual YTD June YTD YTD Actual Prior Year Prior Year YTD Actual YTD Actual
Budget Budget Actual Actual (Under) Over June Actual Actual (thru vs vs
FY22 FY22 FY22 FY22 YTD Budget FY21 June 2021) PY Actual $ PY Actual %
Revenue (Operating):
Water Revenue (Residential) $15,834,595 $15,834,595 2,251,433$ 15,861,493$ 26,898$ $1,787,702 $17,118,339 (1,256,846) -7.34%
Water Revenue (Commercial & Fire Det.) 1,555,486 $1,555,486 152,844 1,606,688 51,202 174,389 1,720,003 (113,315) -6.59%
Water Revenue (Landscape/Irrigation) 3,782,756 $3,782,756 419,208 3,839,467 56,711 477,480 4,351,773 (512,306) -11.77%
Water Revenue (Service Charge) 13,412,193 $13,412,193 1,130,595 13,358,664 (53,529) 972,226 11,551,365 1,807,299 15.65%
Water Revenue (PFAS Impact Fee) 894,116 894,116 - 889,401 (4,715) 148,322 740,215 149,186 100.00%
Property Taxes - CFC Charges 2,985,028 2,985,028 27,521 2,940,151 (44,877) - - 2,940,151 100.00%
Sewer Charge Revenue 2,844,118 $2,844,118 209,239 2,870,430 26,312 209,799 2,454,035 416,395 16.97%
Locke Ranch Assessments 331,878 331,878 3,383 333,965 2,087 65 301,452 32,513 10.79%
Other Operating Revenue 812,526 812,526 251,641 1,311,233 498,707 141,956 870,472 440,761 50.63%
Total Operating Revenue: 42,452,696 42,452,696 4,445,864 43,011,492 558,796 3,911,939 39,107,654 3,903,838 9.98%
Revenue (Non-Operating):
Interest 308,000 308,000 70,118 175,418 (132,582) 5,551 218,231 (42,813) -19.62%
Property Tax 2,025,000 2,025,000 47,465 2,157,211 132,211 14,236 2,047,105 110,106 5.38%
Other Non-Operating Revenue 601,446 601,446 (428,798) 104,310 (497,136) 84,578 1,226,851 (1,122,541) -91.50%
Total Non-Operating Revenue: 2,934,446 2,934,446 (311,215) 2,436,939 (497,507) 104,365 3,492,187 (1,055,248) -30.22%
Total Revenue 45,387,142 45,387,142 4,134,649 45,448,431 61,289 4,016,304 42,599,841 2,848,590 6.69%
Expenses (Operating):
Variable Water Costs (G.W., Import & Powe 21,329,830 21,329,830 1,483,641 20,603,386 (726,444) 2,249,247 18,632,314 1,971,072 10.58%
Salary Related Expenses 12,050,996 12,050,996 287,105 10,176,469 (1,874,527) 1,076,541 10,417,406 (240,937) -2.31%
Supplies & Services 6,506,608 6,506,608 704,817 6,295,001 (211,607) 567,930 5,203,360 1,091,641 20.98%
Total Operating Expenses 39,887,434 39,887,434 2,475,563 37,074,856 (2,812,578) 3,893,718 34,253,080 2,821,776 8.24%
Expenses (Non-Operating):
Interest on Long Term Debt 1,286,985 1,286,985 105,352 1,243,328 (43,658) 106,513 1,293,830 (50,503) -3.90%
Other Expense 13,365 13,365 8,355 (68,144) (81,509) 12,564 481,626 (549,770) -114.15%
Total Non-Operating Expenses: 1,300,350 1,300,350 113,707 1,175,184 (125,167) 119,077 1,775,456 (600,273) -33.81%
Total Expenses 41,187,784 41,187,784 2,589,270.0 38,250,040 (2,937,745) 4,012,795 36,028,536 2,221,504 6.17%
Net Position Before Capital Contributions 4,199,358 4,199,358 1,545,379 7,198,391 2,999,034 3,509 6,571,305 627,086 9.54%
Capital Contributions (Non-Cash - - - 289,612 289,612 927,778 2,051,988 (1,762,376)
Transaction GASB 34 Compliant)
Net Position Before Depreciation 4,199,358 4,199,358 1,545,379 7,488,003 3,288,646 931,287 8,623,293 (1,135,290) -13.17%
Depreciation & Amortization 8,115,685 8,115,685 656,008 7,998,664 (117,021) 648,328 7,854,419 144,245 1.84%
Total Net Position ($3,916,327) ($3,916,327) 889,371 (510,661) $3,405,667 $282,959 $768,874 ($1,279,535) -166.42%
(With June 30, 2021 for comparison purposes)
Page 45 of 57
Annual YTD June YTD YTD Actual Prior Year Prior YTD YTD Actual YTD - CUR
Budget Budget Actual Actual (Under)Over June Actual Actual (thru vs vs
FY22 FY22 FY22 FY22 YTD Budget FY21 June 2021) PY Actual $ PY Actual %
Revenue (Operating):
Water Revenue (Residential) 15,834,595$ $15,834,595 2,251,433$ 15,861,493$ 26,898$ 1,787,702$ 17,118,339$ (1,256,846)$ -7.34%
Water Revenue (Commercial & Fire Det.) 1,555,486 1,555,486 152,844 1,606,688 51,202 174,389 1,720,003 (113,315) -6.59%
Water Revenue (Landscape/Irrigation) 3,782,756 3,782,756 419,208 3,839,467 56,711 477,480 4,351,773 (512,306) -11.77%
Water Revenue (Service Charge) 13,412,193 13,412,193 1,130,595 13,358,664 (53,529) 972,226 11,551,365 1,807,299 15.65%
Water Revenue (PFAS Impact Fee) 894,116 894,116 889,401 (4,715) 148,322 740,215 149,186 100.00%
Water Revenue (CFC) 2,985,028 2,985,028 27,521 2,940,151 (44,877) - - 2,940,151 100.00%
Other Operating Revenue 771,723 771,723 220,338 1,123,730 352,007 70,610 721,971 401,759 55.65%
Total Operating Revenue: 39,235,897 $39,235,897 4,201,939 39,619,594 383,697 3,630,729 36,203,666 3,415,928 9.44%
Revenue (Non-Operating):
Interest 240,000 240,000 67,716 139,232 (100,768) 2,068 166,922 (27,690) -16.59%
Property Tax 2,025,000 2,025,000 47,465 2,157,212 132,212 14,236 2,047,105 110,107 5.38%
Other Non-Operating Revenue 591,046 591,046 (363,231) 19,297 (571,749) 78,313 1,203,618 (1,184,321) -98.40%
Total Non-Operating Revenue: 2,856,046 2,856,046 (248,050) 2,315,741 (540,305) 94,617 3,417,645 (1,101,904) -32.24%
Total Revenue 42,091,943 42,091,943 3,953,889 41,935,335 (156,608) 3,725,346 39,621,311 2,314,024 5.84%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power) 21,329,830 21,329,830 1,483,641 20,603,386 (726,444) 2,249,247 18,632,314 1,971,072 10.58%
Salary Related Expenses 10,123,000 10,123,000 228,687 8,734,290 (1,388,710) 921,194 8,913,281 (178,991) -2.01%
Supplies & Services:
Communications 139,402 139,402 6,534 107,980 (31,422) 8,356 141,206 (33,226) -23.53%
Contractual Services 584,405 584,405 37,244 535,695 (48,710) 37,262 611,160 (75,465) -12.35%
Data Processing 303,500 303,500 17,429 236,946 (66,554) 22,282 239,479 (2,533) -1.06%
Dues & Memberships 82,295 82,295 6,313 83,143 848 3,043 74,387 8,756 11.77%
Fees & Permits 339,889 339,889 29,585 366,448 26,559 11,767 318,316 48,132 15.12%
Insurance 263,500 263,500 18,931 237,543 (25,957) 18,474 233,605 3,938 1.69%
Materials 702,120 702,120 75,843 820,121 118,001 71,145 666,822 153,299 22.99%
District Activities, Emp Recognition 45,026 45,026 3,910 27,342 (17,684) 1,149 19,709 7,633 38.73%
Maintenance 768,630 768,630 231,334 1,105,699 337,069 79,798 445,473 660,226 148.21%
Non-Capital Equipment 128,208 128,208 14,448 148,701 20,493 31,197 170,943 (22,242) -13.01%
Office Expense 37,821 37,821 5,227 32,448 (5,373) 6,413 33,539 (1,091) -3.25%
Professional Services 1,510,723 1,510,723 71,183 966,621 (544,102) 81,115 715,433 251,188 35.11%
Training 61,277 61,277 5,901 29,149 (32,128) 5,527 27,702 1,447 5.22%
Travel & Conferences 79,511 79,511 1,338 19,307 (60,204) 1,399 5,945 13,362 0.00%
Uncollectible Accounts 8,330 8,330 (430) 14,700 6,370 4,548 12,470 2,230 17.88%
Utilities 169,150 169,150 386 158,343 (10,807) 9,868 169,931 (11,588) -6.82%
Vehicle Equipment 302,770 302,770 50,927 418,567 115,797 31,470 407,792 10,775 2.64%
Supplies & Services Sub-Total 5,526,557 5,526,557 576,103 5,308,753 (217,804) 424,813 4,293,912 1,014,841 23.63%
Total Operating Expenses 36,979,387 36,979,387 2,288,431 34,646,429 (2,332,958) 3,595,254 31,839,507 2,806,922 8.82%
Expenses (Non-Operating):
Interest on Long Term Debt 1,286,985 1,286,985 105,352 1,243,328 (43,657) 106,513 1,293,830 (50,502) -3.90%
Other Expense 7,665 7,665 5,984 (86,850) (94,515) 10,927 474,550 (561,400) -118.30%
Total Non-Operating Expenses: 1,294,650 1,294,650 111,336 1,156,478 (138,172) 117,440 1,768,380 (611,902) -34.60%
Total Expenses 38,274,037 38,274,037 2,399,767 35,802,907 (2,471,130) 3,712,694 33,607,887 2,195,020 6.53%
Net Position Before Capital Contributions 3,817,906 3,817,906 1,554,122 6,132,427 2,314,521 12,652 6,013,424 119,003 1.98%
Capital Contributions (Non-Cash Transaction - - - - 176,963 176,963 779,980 1,297,379 (1,120,416) 1,297,379
GASB 34 Compliant)
Net Position Before Depreciation 3,817,906 3,817,906 1,554,122 6,309,390 2,491,484 792,632 7,310,803 (1,001,413) -13.70%
Depreciation & Amortization 6,590,000 6,590,000 530,627 6,505,509 (84,491) 524,479 6,377,037 128,472 2.01%
Total Net Position (2,772,094)$ (2,772,094)$ 1,023,495$ (196,119) 2,575,975$ 268,153$ 933,766$ (1,129,885)$ -121.00%
Yorba Linda Water District
Water Fund
For Period Ending June 30, 2022 - 4th Quarter
(With June 30, 2021 for comparison purposes)
Page 46 of 57
$33,050,080 $32,724,012
$35,517,178
$34,301,388
$36,605,631
$39,797,850
$41,935,337
5.37%
$23,296,906
$26,654,481
$28,950,391 $28,895,074
$32,477,852
$34,735,534
$35,802,905
3.07%
$‐
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
$45,000,000
Jun. 2016 Jun. 2017 Jun. 2018 Jun. 2019 Jun. 2020 Jun. 2021 Jun. 2022
Water Revenues & Expenses ‐4th Qtr 2022
(excludes Depreciation, Special Items, and Contributed Capital )
Total Revenue Total Expenses
Page 47 of 57
Annual YTD June YTD YTD Actual Prior Year Prior Year YTD Actual YTD - CUR
Budget Budget Actual Actual (Under)Over June Actual Actual (thru vs vs
FY22 FY22 FY22 FY22 YTD Budget FY21 June 2021) PY Actual $ PY Actual %
Revenue (Operating):
Sewer Charge Revenue $2,844,118 $2,844,118 209,239$ 2,870,431$ $26,313 $209,799 $2,454,035 $416,396 16.97%
Locke Ranch Assessments 331,878 $331,878 3,383 333,965 2,087 65 301,452 32,513 0.00%
Other Operating Revenue 40,803 40,803 31,303 187,502 146,699 71,346 148,502 39,000 26.26%
Total Operating Revenue: 3,216,799 3,216,799 243,925 3,391,898 175,099 281,210 2,903,989 487,909 16.80%
Revenue (Non-Operating):
Interest 68,000 68,000 2,402 36,185 (31,815) 3,483 51,309 (15,124) -29.48%
Other Non-Operating Revenue 10,400 10,400 (65,567) 85,014 74,614 6,264 23,233 61,781 265.92%
Total Non-Operating Revenue: 78,400 78,400 (63,165) 121,199 42,799 9,747 74,542 46,657 62.59%
Total Revenue 3,295,199 3,295,199 180,760 3,513,097$ 217,898 290,957 2,978,531 534,566 17.95%
Expenses (Operating):
Salary Related Expenses 1,927,996 1,927,996 58,418 1,442,180 (485,816) 155,348 1,504,125 (61,945) -4.12%
Supplies & Services:
Communications 24,600 24,600 758 18,871 (5,729) 1,475 24,727 (5,856) -23.68%
Contractual Services 87,335 87,335 4,502 67,449 (19,886) 4,936 93,729 (26,280) -28.04%
Data Processing 46,500 46,500 2,673 38,179 (8,321) 3,707 35,823 2,356 6.58%
Dues & Memberships 14,504 14,504 1,114 14,659 155 537 13,027 1,632 12.53%
Fees & Permits 47,951 47,951 3,668 34,807 (13,144) 2,228 36,137 (1,330) -3.68%
Insurance 46,500 46,500 3,341 41,921 (4,579) 3,260 41,370 551 1.33%
Materials 73,030 73,030 944 57,050 (15,980) 1,101 51,748 5,302 10.25%
District Activities, Emp Recognition 7,946 7,946 696 4,818 (3,128) 199 3,471 1,347 38.81%
Maintenance 229,770 229,770 79,520 312,358 82,588 73,714 167,098 145,260 0.00%
Non-Capital Equipment 63,742 63,742 662 57,725 (6,017) 4,852 25,017 32,708 130.74%
Office Expense 6,674 6,674 922 5,725 (949) 878 5,830 (105) -1.80%
Professional Services 159,417 159,417 17,443 204,131 44,714 37,996 306,437 (102,306) -33.39%
Training 16,748 16,748 1,822 11,677 (5,071) 1,282 6,087 5,590 91.84%
Travel & Conferences 16,084 16,084 1,163 3,322 (12,762) 1,101 1,829 1,493 0.00%
Uncollectible Accounts 1,470 1,470 (117) 3,415 1,945 1,204 3,436 (21) -0.61%
Utilities 29,850 29,850 (125) 27,110 (2,740) 1,741 32,006 (4,896) -15.30%
Vehicle Equipment 107,930 107,930 9,728 83,031 (24,899) 2,906 61,678 21,353 34.62%
Supplies & Services Sub-Total 980,051 980,051 128,714 986,248 6,197 143,117 909,450 76,798 8.44%
Total Operating Expenses 2,908,047 2,908,047 187,132 2,428,428 (479,619) 298,465 2,413,575 14,853 0.62%
Expenses (Non-Operating):
Other Expense 5,700 5,700 2,371 18,706 13,006 1,637 7,076 11,630 -
Total Non-Operating Expenses: 5,700 5,700 2,371 18,706 13,006 1,637 7,076 11,630 -
Total Expenses 2,913,747 2,913,747 189,503 2,447,134 (466,613) 300,102 2,420,651 26,483 1.09%
Net Position Before Capital Contributions 381,452 381,452 (8,743) 1,065,963 684,511 (9,145) 557,880 508,083 91.07%
Capital Contributions (Non-Cash Transaction - - - - 112,649 112,649 147,798 754,610 (641,961) 754,610
GASB 34 Compliant)
Net Position Before Depreciation 381,452 381,452 (8,743) 1,178,612 797,160 138,653 1,312,490 (133,878) -10.20%
Depreciation & Amortization 1,525,685 1,525,685 125,381 1,493,154 (32,531) 123,850 1,477,382 15,772 1.07%
Total Net Position (1,144,233) (1,144,233) (134,124) (314,542) 829,691 14,803 (164,892) (149,650) -90.76%
Yorba Linda Water District
Sewer Fund
For Period Ending June 30, 2022 - 4th Quarter
(With June 30, 2021 for comparison purposes)
Page 48 of 57
$2,046,945
$2,424,611 $2,471,895
$2,769,566
$2,974,409 $2,973,688
$3,513,096
18.14%
$1,288,720
$1,408,918 $1,508,711 $1,549,127 $1,531,113
$2,534,545
$2,447,132
(3.45%)
$‐
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
Jun. 2016 Jun. 2017 Jun. 2018 Jun. 2019 Jun. 2020 Jun. 2021 Jun. 2022
Sewer Revenues & Expenses ‐4th Qtr 2022
(excludes Depreciation, Special Items, and Contributed Capital)
Total Revenue Total Expenses
Page 49 of 57
ITEM NO. 10.7.
AGENDA REPORT
MEETING DATE: August 23, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager/Interim General Manager
STAFF CONTACTS: Delia Lugo, Finance Manager
Keri Hollon, Accounting Assistant II
SUBJECT: Directors' and General Manager Fees and Expenses Report for the Fourth
Quarter of Fiscal Year 2021-22
RECOMMENDATION:
That the Board of Directors receive and file the Directors' and General Manager Fees and Expenses
Report for the Fourth Quarter of Fiscal Year 2021-22.
ATTACHMENTS:
1. BOD and AGM Summary for Q4 FY21-22
2. Travel amd Expense Report for Q4 FY21-22
3. BOD and AGM Summary for YTD FY21-22
Page 50 of 57
HAWKINS MILLER JONES DESROCHES LINDSEY SUB-TOTAL DAVERT TOTAL
REGULAR MEETINGS ATTENDED 3 3 3 3 3 15
SPECIAL MEETINGS ATTENDED 5 5 5 3 5 23
COMMITTEE MEETINGS ATTENDED 1 1 2
OTHER MEETINGS ATTENDED 16 17 22 6 12 73
TOTAL MEETINGS ATTENDED QTD 24 26 30 12 21 113 113
DIRECTOR FEES QTD $3,600 $3,900 $4,500 $1,800 $3,150 $16,950 $16,950
MEETING FEES BUDGET QTD $4,500 $4,500 $4,500 $4,500 $4,500 $22,500 $22,500
TRAVEL & CONF. EXPENSES QTD $0 $0 $2,690 $0 $0 $2,690 $2,690
TRAVEL & CONF. BUDGET QTD $1,000 $1,000 $1,000 $1,000 $1,000 $5,000 $5,000
DIR.FEES AND EXPENSES QTD $3,600 $3,900 $7,190 $1,800 $3,150 $19,640 $19,640
FEES AND EXPENSES BUDGET QTD $5,500 $5,500 $5,500 $5,500 $5,500 $27,500 $27,500
GEN MGR EXPENSES QTD $292 $292
GEN MGR TRAVEL/CONF. BUDGET QTD $750 $750
TOTAL FEES & EXPENSES QTD $3,600 $3,900 $7,190 $1,800 $3,150 $19,640 $292 $19,933
TOTAL FEES & EXPENSES BUDGET QTD $5,500 $5,500 $5,500 $5,500 $5,500 $27,500 $750 $28,250
YORBA LINDA WATER DISTRICT
FY 22
4TH QUARTER REPORT FROM 04-01-22 TO 06-30-22
DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES
Page 51 of 57
Role Name GL Date Trip Date Trip Name Trip Location Conference Travel Parking Mileage Grand Total
Director Jones, Brooke 4/25/2022 5/3/2022-5/5/2022 ACWA Spring Conference Sacramento, CA 775.00$ 775.00$
4/25/2022 5/2/2022-5/5/2022 ACWA Spring Conference Sacramento, CA 363.96$ 363.96$
5/19/2022 5/2/2022-5/5/2022 ACWA Spring Conference Sacramento, CA 884.36$ 884.36$
5/19/2022 4/12/2022-4/14/2022 CA-NV AWWA Conference Anaheim, CA 75.00$ 75.00$
5/26/2022 5/2/2022-5/5/2022 ACWA Spring Conference Sacramento, CA 47.04$ 47.04$
5/26/2022 4/12/2022-4/14/2022 CA-NV AWWA Conference Anaheim, CA 20.12$ 20.12$
6/22/2022 8/24/2022-8/26/2022 UWI Conference Virtual 525.00$ 525.00$
Jones, Brooke Total 1,300.00$ 1,248.32$ 75.00$ 67.16$ 2,690.48$
Director Total 1,300.00$ 1,248.32$ 75.00$ 67.16$ 2,690.48$
Interim General Manager Davert, Doug 4/25/2022 4/3/22-4/4/22 SDLA Conference San Diego, CA 292.03$ 292.03$
Davert, Doug Total 292.03$ 292.03$
Interim General Manager Total 292.03$ 292.03$
Grand Total 1,592.03$ 1,248.32$ 75.00$ 67.16$ 2,982.51$
DIRECTOR'S & GENERAL MANAGER'S RECAP OF TRAVEL/CONFERENCE EXPENSES
THIRD QUARTER OF FY 22
APRIL-JUNE 2022
Page 52 of 57
HAWKINS MILLER JONES DESROCHES LINDSEY SUB-TOTAL DAVERT TOTAL
REGULAR MEETINGS ATTENDED 11 13 13 13 12 62
SPECIAL MEETINGS ATTENDED 14 14 14 13 14 69
COMMITTEE MEETINGS ATTENDED 1 3 4 8
OTHER MEETINGS ATTENDED 59 73 93 27 55 307
TOTAL MEETINGS ATTENDED QTD 85 103 120 53 85 446 446
DIRECTOR FEES QTD $12,750 $15,450 $18,000 $7,950 $12,750 $66,900 $66,900
MEETING FEES BUDGET QTD $18,000 $18,000 $18,000 $18,000 $18,000 $90,000 $90,000
TRAVEL & CONF. EXPENSES QTD $0 $0 $4,203 $0 $0 $4,203 $4,203
TRAVEL & CONF. BUDGET QTD $4,000 $4,000 $4,000 $4,000 $4,000 $20,000 $20,000
DIR.FEES AND EXPENSES QTD $12,750 $15,450 $22,203 $7,950 $12,750 $71,103 $71,103
FEES AND EXPENSES BUDGET QTD $22,000 $22,000 $22,000 $22,000 $22,000 $110,000 $110,000
GEN MGR EXPENSES QTD $841 $841
GEN MGR TRAVEL/CONF. BUDGET QTD $2,250 $2,250
TOTAL FEES & EXPENSES QTD $12,750 $15,450 $22,203 $7,950 $12,750 $71,103 $841 $71,944
TOTAL FEES & EXPENSES BUDGET QTD $22,000 $22,000 $22,000 $22,000 $22,000 $110,000 $2,250 $112,250
YORBA LINDA WATER DISTRICT
DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES
FY 22
YEAR-TO-DATE REPORT FROM 07-01-2021 TO 06-30-2022
Page 53 of 57
ITEM NO. 10.8.
AGENDA REPORT
MEETING DATE: August 23, 2022
TO: Board of Directors
FROM: Doug Davert, Assistant General Manager/Interim General Manager
STAFF CONTACTS: John DeCriscio, Operations Manager
Freddie Ojeda, Operations Superintendent
SUBJECT: Purchase of Backhoe Tractor
RECOMMENDATION:
That the Board of Directors authorize the Interim General Manager to purchase a backhoe tractor in
the amount of $175,027.29.
SUMMARY:
It is District policy to submit vehicle and major equipment purchases to the Board of Directors for
approval. District purchasing policy also dictates the means and methods for procurement of vehicles
and equipment of this value. The District’s procedures have been followed in obtaining bids for the
Backhoe Tractor.
FISCAL IMPACT:
Budgeted: Yes
Total Budget: $180,000
Cost Estimate: $175,027.29
BACKGROUND:
In Fiscal Year 2022-23, funds are included for the purchase of a new backhoe to replace Unit # 139,
a 1999 John Deere backhoe powered by a Tier 1 diesel engine. In order to stay in compliance with
diesel emissions rules, Unit # 139 needs to be replaced with a new Tier 4 diesel-powered backhoe.
As the Board of Directors approved the budget for Fiscal Year 2022-23, staff is requesting to proceed
with the replacement of Unit # 139. Once ordered, the new backhoe is anticipated to arrive in January
2023.
After working with staff to develop a set of specifications, a competitive bid packet was sent to five (5)
vendors that could provide the backhoe that the District required. The bid deadline was set as July
26, 2022, with the bid opening at 2:00 p.m. Three bids were received.
The following are the bids received in order of cost:
Page 54 of 57
Sonsray Machinery (Case): $165,355.29 (Did Not Meet Specifications)
Coastline Equipment (John Deere): $175,027.29
Quinn (Cat): $184,973.25
Staff reviewed each of the bids and Coastline Equipment and Quinn met the bid specifications.
Staff recommends accepting the bid from Coastline Equipment in the amount of $175,027.29 for a
backhoe. Coastline was the lowest responsive bidder and met all the District's specifications.
Copies of the specifications and bid packets are available for review upon request.
PRIOR RELEVANT BOARD ACTION:
The Board approved the FY22-23 budget, which included $180,000.00 for Vehicles and Capital
Outlay.
Page 55 of 57
ITEM NO. 11.1.
AGENDA REPORT
MEETING DATE: August 23, 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: Easement to City of Yorba Linda for Horse Trail at Highland Reservoir
BACKGROUND:
The existing horse trail at Highland Avenue crosses through the north side of the District property
and into private property (5251 and 5261 Highland Ave) as well. Despite this trail being used
regularly, there is no recorded easement permitting access or the use of the said trail. Due to the
planned development of the adjacent properties, the City of Yorba Linda approached the District to
request an easement for the purpose of a horse trail in order to maintain public access to Highland
Avenue.
Upon receiving this request, the Engineering Department proposed an alignment for the horse trail
that would best serve the needs of the District. The proposed horse trail alignment and easement
consists of two segments; a 20-foot wide segment that would serve as a shared access road and
horse trail, and a 15-foot wide segment for the horse trail. A site security fence will be installed along
the southern boundary of the easement to prevent public access to Highland Reservoir. The
proposed alignment is illustrated in the exhibit included herein.
Staff is recommending the Board consider granting the requested easement to the City of Yorba
Linda at a future meeting.
STRATEGIC PLAN INITIATIVES:
Goal 1, Initiative 3A - Maintain and update District security and aesthetics as needed for physical and
digital securities.
ATTACHMENTS:
1. Exhibit
Page 56 of 57
PL
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LEGEND:
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HIGHLAND RESERVOIR HORSE TRAIL EXHIBIT
HIG
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.
NOT FOR CONSTRUCTION
N.T.S.
Page 57 of 57
BACKUP MATERIALS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING
HAWKINS MILLER JONES DESROCHES LINDSEY SUB-TOTAL DAVERT TOTAL
REGULAR MEETINGS ATTENDED 3 3 3 3 3 15
SPECIAL MEETINGS ATTENDED 5 5 5 5 5 25
COMMITTEE MEETINGS ATTENDED 1 1 2
OTHER MEETINGS ATTENDED 16 17 22 4 12 71
TOTAL MEETINGS ATTENDED QTD 24 26 30 12 21 113 113
DIRECTOR FEES QTD $3,600 $3,900 $4,500 $1,800 $3,150 $16,950 $16,950
MEETING FEES BUDGET QTD $4,500 $4,500 $4,500 $4,500 $4,500 $22,500 $22,500
TRAVEL & CONF. EXPENSES QTD $0 $0 $2,690 $0 $0 $2,690 $2,690
TRAVEL & CONF. BUDGET QTD $1,000 $1,000 $1,000 $1,000 $1,000 $5,000 $5,000
DIR.FEES AND EXPENSES QTD $3,600 $3,900 $7,190 $1,800 $3,150 $19,640 $19,640
FEES AND EXPENSES BUDGET QTD $5,500 $5,500 $5,500 $5,500 $5,500 $27,500 $27,500
GEN MGR EXPENSES QTD $292 $292
GEN MGR TRAVEL/CONF. BUDGET QTD $750 $750
TOTAL FEES & EXPENSES QTD $3,600 $3,900 $7,190 $1,800 $3,150 $19,640 $292 $19,933
TOTAL FEES & EXPENSES BUDGET QTD $5,500 $5,500 $5,500 $5,500 $5,500 $27,500 $750 $28,250
YORBA LINDA WATER DISTRICT
FY 22
4TH QUARTER REPORT FROM 04-01-22 TO 06-30-22
DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES
REVISED ITEM NO. 10.7.
HAWKINS MILLER JONES DESROCHES LINDSEY SUB-TOTAL DAVERT TOTAL
REGULAR MEETINGS ATTENDED 11 13 13 13 12 62
SPECIAL MEETINGS ATTENDED 15 15 15 15 15 75
COMMITTEE MEETINGS ATTENDED 1 3 4 8
OTHER MEETINGS ATTENDED 58 72 92 25 54 301
TOTAL MEETINGS ATTENDED QTD 85 103 120 53 85 446 446
DIRECTOR FEES QTD $12,750 $15,450 $18,000 $7,950 $12,750 $66,900 $66,900
MEETING FEES BUDGET QTD $18,000 $18,000 $18,000 $18,000 $18,000 $90,000 $90,000
TRAVEL & CONF. EXPENSES QTD $0 $0 $4,203 $0 $0 $4,203 $4,203
TRAVEL & CONF. BUDGET QTD $4,000 $4,000 $4,000 $4,000 $4,000 $20,000 $20,000
DIR.FEES AND EXPENSES QTD $12,750 $15,450 $22,203 $7,950 $12,750 $71,103 $71,103
FEES AND EXPENSES BUDGET QTD $22,000 $22,000 $22,000 $22,000 $22,000 $110,000 $110,000
GEN MGR EXPENSES QTD $841 $841
GEN MGR TRAVEL/CONF. BUDGET QTD $2,250 $2,250
TOTAL FEES & EXPENSES QTD $12,750 $15,450 $22,203 $7,950 $12,750 $71,103 $841 $71,944
TOTAL FEES & EXPENSES BUDGET QTD $22,000 $22,000 $22,000 $22,000 $22,000 $110,000 $2,250 $112,250
YORBA LINDA WATER DISTRICT
DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES
FY 22
YEAR-TO-DATE REPORT FROM 07-01-2021 TO 06-30-2022
REVISED ITEM NO. 10.7.