HomeMy WebLinkAbout2022-11-16 - Board of Directors Meeting Agenda Packet
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Wednesday, November 16, 2022, 6:30 PM
1717 E Miraloma Ave, Placentia CA 92870
1. PARTICIPATION INSTRUCTIONS
Due to the continuing state of emergency declared by the California Governor related to preventing the
spread of Coronavirus (COVID-19), and pursuant to California Government Code Section 54953(e), this
meeting will be facilitated in a hybrid format. As such, Directors and members of the public may choose
to participate in person or by video/teleconference. Information for accessing this meeting by telephone
or internet-based service is provided below. For questions regarding participation, please call the Board
Secretary at (714) 701-3020.
Computer/Mobile Device: https://us06web.zoom.us/j/82832533310
Telephone: (669) 900-6833 or (346) 248-7799
Meeting ID: 828 3253 3310
2. CALL TO ORDER
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL
J. Wayne Miller, PhD, President
Brooke Jones, Vice President
Trudi DesRoches, Director
Phil Hawkins, Director
Tom Lindsey, Director
5. ADDITIONS/DELETIONS TO THE AGENDA
Items may be added to the agenda upon determination by a two-thirds vote of the Board, or a unanimous
vote if only three Directors are present, that there is a need to take immediate action which came to the
District's attention subsequent to the agenda being posted. (GC 54954.2(b)(2))
6. INTRODUCTIONS AND PRESENTATIONS
6.1. Elected Official Liaison Reports
6.2. Federal and State Legislative Update
7. PUBLIC COMMENTS
Any individual wishing to address the Board (or Committee) is requested to identify themselves and state
the matter on which they wish to comment. If the matter is on the agenda, the Chair will recognize the
individual for their comment when the item is considered. No action will be taken on matters not listed on
the agenda. Comments are limited to three minutes and must be related to matters of public interest
within the jurisdiction of the Water District. (GC 54954.3)
8. CONSENT CALENDAR
All items on the consent calendar are considered routine and may be approved by a single motion. There
will be no discussion of these items unless a member of the Board, staff, or public requests separate
consideration.
8.1. Minutes of the Board of Directors Meeting Held October 24, 2022
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Recommendation: That the Board of Directors approve the minutes as
presented.
8.2. 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.
8.3. Legislative Platform for Calendar Year 2023
Recommendation: That the Board of Directors approve the proposed legislative
platform for calendar year 2023.
8.4. Status of Communications Activities
Recommendation: That the Board of Directors receive and file the monthly
communications activities report.
8.5. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $1,851,711.12
8.6. Unaudited Financial Statements for First Quarter of Fiscal Year 2022-23
Recommendation: That the Board of Directors receive and file the Unaudited
Financial Statements for the First Quarter of Fiscal Year 2022-23.
8.7. Cash and Investment Report for Period Ending September 30, 2022
Recommendation: That the Board of Directors receive and file the Cash and
Investment Report for the Period Ending September 30, 2022.
8.8. Capital Improvement Plan (CIP) Progress Report for First Quarter of Fiscal Year
2022-23
Recommendation: That the Board of Directors receive and file the Capital
Improvement Plan Progress Report for First Quarter of Fiscal Year 2022-23.
8.9. Agreement with City of Placentia for Valve Box and Manhole Adjustment for
Fiscal Year 2022-23
Recommendation: That the Board of Directors authorize the General Manager
to execute an agreement with the City of Placentia to adjust District manhole
and valve boxes impacted by the City's paving projects, subject to legal review
by General Counsel.
8.10. Declaration of Restrictive Covenants with Michael Major and Kimberley Major of
4179 Pepper Avenue, Yorba Linda
Recommendation: That the Board of Directors authorize the Board President
and General Manager to execute a Declaration of Restrictive Covenants with
Michael Major and Kimberley Major of 4179 Pepper Avenue, Yorba Linda.
8.11. Terms and Conditions for Water and Sewer Service with the Corporation of the
Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints for 17142
Bastanchury Road
Recommendation: That the Board of Directors approve the Terms and
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Conditions for Water and Sewer Service with the Corporation of the Presiding
Bishop of the Church of Jesus Christ of Latter-Day Saints for 17142
Bastanchury Road.
9. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board (or Committee) discussions
are needed prior to formal action.
9.1. Adoption of Encroachments Policy
Recommendation: That the Board of Directors adopt Resolution No. 2022-XX
adopting, in its substantial form, an Encroachments Policy.
9.2. Association of California Water Agencies (ACWA) Proposed Amended and
Restated Bylaws
Recommendation: That the Board of Directors review the proposed amended
and restated ACWA Bylaws and designate a delegate and alternate delegate to
vote on the District's behalf during the upcoming ACWA General Session
Membership Meeting(s).
10. REPORTS, INFORMATION ITEMS, AND COMMENTS
10.1. Director's Reports
10.2. General Manager's Report
10.3. General Counsel's Report
10.4. Future Agenda Items and Staff Tasks
11. COMMITTEE REPORTS
11.1. Interagency Committee with MWDOC and OCWD
(Miller / DesRoches) - Next meeting will be scheduled when needed.
11.2. Joint Agency Committee with City of Yorba Linda
(Miller / Lindsey) - Minutes for meeting held Monday, November 7, 2022 at 4:00
p.m. will be provided when available. Next meeting yet to be scheduled.
11.3. Joint Agency Committee with City of Placentia
(Jones / Lindsey) - Minutes for meeting held Tuesday, October 25, 2022 at 4:00
p.m. will be provided when available. Next meeting yet to be scheduled.
12. BOARD OF DIRECTORS ACTIVITY CALENDAR
12.1. Meetings from November 17 - December 31, 2022
13. 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.
13.1. Annual Homeland Security Briefing Regarding Public Services or Facilities
Pursuant to Subdivision (a) of Section 54957 of the California Government Code
Consultation with General Manager
13.2. Conference with Legal Counsel - Significant Exposure to Litigation
Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California
Government Code
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Number of Potential Cases: Two
13.3. Conference with Legal Counsel - Initiation of Litigation
Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California
Government Code
Number of Potential Cases Two
13.4. Conference with Legal Counsel - Existing Litigation
Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California
Government Code
Name of Case: YLWD v. Alex Winsberg (Orange County Superior Court - Case
No. 30-2022-01284814-CU-OR-CJC)
13.5. Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: General Manager
14. REPORT FROM CLOSED SESSION
15. ADJOURNMENT
15.1. The next regular Board meeting is scheduled Tuesday, December 13, 2022 at
5:30 p.m.
Items Distributed to the Board Less Than 72 Hours Prior to the Meeting
Non-exempt materials related to open session agenda items that are distributed to a majority of the Board of
Directors (or Committee Members) less than seventy-two (72) hours prior to the meeting will be available for
public inspection in the lobby of the District’s Administrative building located at 1717 E Miraloma Ave, Placentia
CA 92870 during regular business hours. When practical, these materials will also be posted on the District’s
website at https://ylwd.com/. (GC 54957.5)
Accommodations for the Disabled
Requests for disability-related modifications or accommodations, including auxiliary aids or services, required for
participation in the above-posted meeting should be directed to the Board Secretary at (714) 701-3020 at least 24
hours in advance. (GC 54954.2(a))
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ITEM NO. 6.2.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Alison Martin, Public Affairs Manager
SUBJECT: Federal and State Legislative Update
Attached are the monthly legislative reports from Townsend Public Affairs.
ATTACHMENTS:
1. Monthly Report
2. Election Results as of November 9, 2022
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M E M O R A N D U M
To: Yorba Linda Water District
From: Townsend Public Affairs
Date: November 10, 2022
Subject: State and Federal Legislative Monthly Report
State Legislative Update
The month of October included no legislative action – a diversion from previous months, which
featured the 2022 Legislative Session followed by the Governor’s consideration of bills until
September 30. Instead, October featured numerous developments on the regulatory, executive,
and judicial fronts, including the impending end of the COVID-19 State of Emergency, a
December Special Legislative Session to address high gas prices, and court action on housing
development projects and CEQA. Below is an overview of relevant actions that transpired during
the month of October.
California State Budget: Fiscal Outlook
During the month of October, the Department of Finance released its Finance Bulletin, which
revealed some return shortfalls totaling $7 billion. Specifically, September receipts came in $2.8
billion below the month’s projection, which is $4.8 billion below for fiscal year to date. Combined
with $2.2 billion shortfall ending in the last fiscal year, the State’s total revenues are currently
nearly $7 billion below most recent forecast.
These numbers will continue to fluctuate throughout the next few months as additional returns
data filters in throughout the tax season. While these projections highlight a decrease in projected
revenues, responsible state budgeting throughout the past few gubernatorial administrations has
resulted in over $23 billion in the state’s rainy day fund, strong budget reserves, and over $130
billion in cash on hand. Looking ahead, these data present a strong case for more modest
budgeting as the state prepares for a potential economic downturn.
COVID-19 State of Emergency to End February 28, 2023
On October 17, the Governor announced his plans to end the COVID-19 State of Emergency on
February 28, 2023. The timing reflects what the Administration believes is enough time to
accommodate the transition process at the state and local levels.
For local governments, this will mean that the provisions that allow for remote meeting
teleconferencing under modified Brown Act Requirements in AB 361 (R. Rivas, Statutes of 2021)
will expire on the same date as the declared end of the State of Emergency. Under AB 361, local
governing bodies are permitted to teleconference without complying with specific Brown Act
restrictions in certain state of emergencies which are limited to “proclaimed state of emergencies
that state or local officials have imposed or recommended measures to promote social
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distancing,” and that “as a result of the emergency, meeting in person would present imminent
risks to the health or safety of attendees.”
While AB 361 does apply to emergencies arising from the COVID-19 pandemic, it also specifically
references Government Code section 8558, which contains a broad definition of emergency
including, among others, fire, flood, storm, epidemic and earthquake. However, many state of
emergencies do not meet the requirements set forth in AB 361, which requires emergencies to
either necessitate social distance or physically precludes a local agency from meeting.
During the most recent two-year session, the Legislature considered numerous proposals that
sought to further amend or extend remote meeting allowances, though many failed due to
concerns expressed by legislators that the proposed policies lacked guardrails and local
accountability provisions. The most recent law passed related to remote meetings was AB 2449
(Rubio), which allows, until January 1, 2026, members of a legislative body of a local agency to
use teleconferencing without identifying each teleconference location in the notice and agenda of
the meeting, and without making each teleconference location accessible to the public, under
specified conditions. These “specified conditions” are largely reserved for emergency situations
and may not be utilized for more than 20 percent of meetings annually.
While still unclear, it is possible that the Legislature could move forward with additional bills that
would provide for additional remote meeting flexibility in January.
CEC Adopts Regulations Implementing Site Approval of Renewable Energy Projects
On October 24, the Office of Administrative Law approved the California Energy Commission’s
(CEC) proposed regulations implementing authority bestowed up on them through AB 205
(Committee on Budget), the energy budget trailer bill from last session. AB 205 allows CEC to
grant consolidated permits for certain clean energy projects through June 30, 2029, if they adhere
to specified labor standards, including the use of skilled and trained workforce, and provide
community benefits. This new CEC consolidated permit replaces and supersedes all local, state,
and federal permits, except for in certain minor circumstances. The CEC began the emergency
regulations process in August and concluded the effort in early October. For more information,
see the CEC’s page here.
Federal Legislative Update
Update on Fiscal Year 2023 Appropriations
Congressional leaders continue to aim for action on a Fiscal Year 2023 omnibus funding bill during
the lame duck session following the November elections. Negotiations have been taking place
behind closed doors and October has not yielded much progress on an agreement. The outcome
of the November election will likely spur action and progress is hoped for when members return
to Washington, DC during the week of November 14. Congress must pass either an omnibus
funding bill or another continuing resolution prior to the expiration of funding on December 16.
Water Resources Development Act 2022
While versions of the biennial Water Resources Development Act of 2022 (WRDA) have passed
both the House and Senate this year, the final endgame is being plotted to pass the bipartisan
legislation into law. During an otherwise quiet Senate session in October important progress was
made by attaching a placeholder for a final WRDA agreement to the annual National Defense
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Authorization Act (NDAA). With a busy lame duck session shaping up following the November
elections WRDA may be attached to the annual NDAA, a bill that has passed every year for
decades and is expected to pass when Congress returns.
Negotiations on a final WRDA agreement continue and are said to be timed so that final legislative
language can be attached to either the NDAA or a government funding omnibus in December.
Large portions of the House and Senate WRDA bills were pre-conferenced between the House
and Senate which provides optimism for a final deal coming together in November for a vote in
December.
Interior Department Takes Additional Action to Modify Colorado River Basin Operations
The Department of Interior has announced a new plan to address the ongoing drought crisis. The
Department announced expedited steps to prepare new measures that are needed to protect the
long-term sustainability of the Colorado River System. The Bureau of Reclamation will revise the
operating guidelines for Glen Canyon and Hoover Dams in 2023 and 2024 to address the
likelihood of continued low-runoff conditions across the Basin.
Reclamation will publish a Notice of Intent (NOI) to prepare a Supplemental Environmental Impact
Statement (SEIS), which will include proposed alternatives to revise the December 2007 Record
of Decision associated with the Colorado River Interim Guidelines. The 2007 Guidelines provide
operating criteria for Lake Mead and Lake Powell. The NOI outlines that Reclamation may need
to modify current operations and reduce Glen Canyon Dam downstream releases to ensure that
the Dam continues to operate the way it is intended to.
Reclamation is taking the immediate steps now to revise the operating guidelines to protect the
Colorado River System: the SEIS will analyze a Framework Agreement Alternative which would
build on commitments and obligations already developed as a part of the 2019 Colorado River
Drought Contingency Plan (DCP) Authorization Act. SEIS will also analyze the Reservoir
Operations Modification Alternative which would be developed by Reclamation to consider the
ways in which Secretaries could complement consensus-based alternatives which are not already
sufficiently mitigating current and projected risks. Finally, the SEIS will consider a No Action
Alternative – this Alternative would mean the continued implementation of existing procedures
controlling the operations of the Glen Canyon and Hoover Dams.
This announced action plan builds on steps announced in the Colorado River Basin August 2022
24-Month Study and the actions announced in September to reduce water consumption. The
Department also recently announced new drought mitigation funding opportunities to provide
reliable, sustainable, and equitable water and power supplies across the Basin. Much of this
funding has come from the Inflation Reduction Act. The NOI announced does not interfere with
Reclamation’s separate process for determining post-2026 Colorado River Operations. Members
of the public interested in providing input on the SEIS can do so through December 20, 2022, per
instructions in the Federal Register that will be published in November.
Department of Interior Announces New Steps for Drought Mitigation Funding from Inflation
Reduction Act
The Department of Interior announced new drought mitigation funding opportunities to improve
and protect the sustainability of the Colorado River System. The newly created Lower Colorado
River Basin System Conservation and Efficiency Program, funded through the Inflation Reduction
Act and managed by the Bureau of Reclamation, will help increase water conservation, improve
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water efficiency, and prevent the System’s reservoirs from falling to critically low levels. The
Inflation Reduction Act allocates $4 billion in funding for water management and conservation in
the Colorado River Basin. This funding is focused on near-term challenges and the Department
is also working to invest in long-term improvements, including $500 million in the Upper Basin
states of Colorado, Utah, Wyoming, and New Mexico.
The Lower Colorado River Basin System Conservation and Efficient Program will select projects
for funding that address water delivery, protect natural resources, and ensure a reliable source of
water and power for Western communities. The program has three components, two of which are
open for proposal submissions until November 21. For the first component, eligible applicants
may submit proposals for system conservation resulting in wet water remaining in Lake Mead at
a set price of:
• One-year agreement: $330 per acre-foot
• Two-year agreement: $365 per acre-foot
• Three-year agreement: $400 per acre-foot
A second component of the program will accept proposals for additional water conservation and
efficiency projects that could involve a variety of pricing options. The third component allows for
proposals to be submitted in early 2023 for long-term system efficiency improvements that will
result in multi-year system conservation. Information on the program and proposal submission
details are available on Reclamation’s Inflation Reduction Act webpage.
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State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383
Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555
Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215
Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • Phone (949) 399-9050 • Fax (949) 476-8215
Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030
M E M O R A N D U M
To: Yorba Linda Water District
From: Townsend Public Affairs
Date: November 10, 2022
Subject: November 2022 General Election Recap
Executive Summary
Federal
U.S. Senate Control: Too close to call, Democrats likely to maintain 50/50 majority
pending outcomes in Georgia and Nevada
Senate Race (California): Incumbent Senator Alex Padilla wins
House Control: Too close to call, Republicans likely to achieve slim majority
House Races: 52 total for CA, 33 by wide margins (30 Democrat, 3 Republican)
19 CA races too close to call
State
Statewide Offices: Democrats have clear victories in all races
State Legislature: Democratic super majorities expected to remain in both houses
Senate: 20 races total, 5 races too close to call
Assembly: 80 races total, 6 races too close to call
Voter Initiatives: 7 total, 3 passed
Passed: Proposition 1: Reproductive rights
Proposition 28: K-12 arts and music funding
Proposition 31: Ban on flavored tobacco
Failed: Propositions 26 and 27: In-Person and Online Sports Gambling
Proposition 29: Kidney Dialysis Clinics
Proposition 30: Wealth tax for climate initiatives
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General Election Summary 2
Overview
On Tuesday, November 8th, millions of Californians cast their ballot in the State’s General
Election. As of this morning, over 5.5 million ballots had been cast in races across the State, with
millions of additional mail-in, provisional, and damaged ballots still to be tabulated prior to the
election being certified on December 16th.
Below is a summary of the key races from Tuesday’s General Election, as well as the current
returns for all statewide, congressional, and legislative races. It should also be noted that over
the next several weeks, counties will be processing and reporting their uncounted ballots, which,
in some counties, could comprise over 50% percent of the total votes cast. As a result, the
outcome of some close contests will likely not be known for several weeks.
Once the election results are certified by the Secretary of State on December 16th, TPA will
provide an updated version of this memo to reflect the complete results of all races.
Federal Outcomes
As of Wednesday, November 9th, many decisive federal races remained too early to call. With
key Senate races and many House races outstanding, it will take days if not weeks to determine
control of both the House and Senate.
Control of the Senate
While the votes are still being tabulated in key states that will determine control of the chamber,
several scenarios are still possible, including that Democrats will hold on to their narrow majority
of the U.S. Senate in the 118th Congress. This small majority would allow the Senate to continue
to conduct the basic role of the chamber, in approving judges and key administration
appointments. Final results in the key states of Nevada, Georgia, and Arizona will ultimately
determine Senate control, with the distinct possibility that a December 6th runoff election in
Georgia could decide which party controls the Senate.
Given the possibility that the two chambers will not be controlled by the same party, the Senate
will continue to work with the Biden Administration to propose large agenda items; however, any
proposals out of the Senate will need to be scaled back if they want to be viable in the House.
This will be a continued mode of operating for the chamber as they will not continue to work on a
50-50 majority, with the Vice President being a tie breaking vote on critical votes. With a likely
split chamber, any legislation moved forward by the Democratic controlled Senate will face
significant hurdles to make it through the House.
Democratic leadership will have to use their slight majority to block proposals coming from the
House that do not align with their policy goals, while working to draft bipartisan solutions that
move key priorities forward.
Key Senate Races
After being appointed to the position in 2021, Senator Alex Padilla successfully won election to
serve his first full term representing California in the U.S. Senate.
In races that helped to counter expectations of an overwhelming Republican victory, races in
Washington, New Hampshire, and Colorado all remained in Democratic control.
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General Election Summary 3
In a key battleground state, Democrat John Fetterman has won his election to represent
Pennsylvania in the U.S. Senate, defeating Republican challenger Mehmet Oz. Pennsylvania is
a pickup for Democrats, flipping a seat vacated by retiring Republican Senator Pat Toomey.
In Nevada, Georgia, and Arizona, Democratic incumbents are on the defensive. All three races
are too early to call as votes from the largest population centers in Arizona and Nevada continue
to be tabulated. As of this writing, it is likely that Arizona Senator Mark Kelly will keep his seat,
while Nevada Senator Cortez Masto is at risk of losing her seat. If these two races end up as a
win for the separate parties, the fate of Senate control will land in the hands of Georgia voters.
Neither candidate in Georgia has crossed the 50 percent threshold to declare a winner. Both
incumbent Democratic Senator Rafael Warnock and Republican challenger Herschel Walker
remained neck and neck just below the 50% majority required to avoid a runoff. The Georgia
Secretary of State’s office has indicated it is more than likely this race will move to a runoff on
December 6th. The 2022 Georgia Senate race was already one of the most expensive in US
history, and if control of the US Senate depends on the outcome of the December 6th runoff, we
can expect to see unprecedented resources pouring into Georgia as it will become the center of
national politics for the month. As of this writing there is still a path to both Democratic or
Republican Senate majorities without Georgia, time – and vote counting in Arizona and Nevada
– will tell.
The Townsend Public Affairs team will provide an update on the state of play in the US Senate
in the coming weeks.
Control of the U.S. House of Representatives
Entering election night, the general consensus among Washington insiders and political leaders
was that Republicans would gain control of the U.S. House of Representatives majority and
possibly even do so in a historic wave. It became clear early in the evening that these predictions
would not come to fruition. As of November 9th, the most likely outcome appears to be a narrow
Republican majority, while many races across the country remain too early to call and the final
composition of the House remains unknown. There even remains a narrow, albeit unlikely, path
for Democrats to maintain their majority in the House. The final outcome could take days to
determine as states like California, Arizona, Nevada, and others finalize their vote counts.
A change in the control of the House sets up leadership elections, where it is largely expected
that California Republican Representative Kevin McCarthy will be selected by the House GOP
Conference as their nominee for Speaker of the House. The official election of the Speaker takes
place on January 3, 2023 during the opening session of the 118th Congress where a vote of the
full House membership takes place.
Should McCarthy only have a narrow majority to work with, his path to the Speakership could be
a bumpy one. Members of the Freedom Caucus have made it known that they are not fans of
McCarthy, and they may try to use their leverage to extract concessions from McCarthy in
exchange for their support.
House Republican leadership will be rounded out with Louisiana Representative Steve Scalise
as Majority Leader, and a competitive race for Majority Whip. Leaders determine what legislation
comes to the floor, who serve on what committees, and make final decisions on top legislative
negotiations, among many other roles.
Another unknown is the future for current House Speaker Nancy Pelosi and her role in the House
Democratic Caucus. Many aspiring leaders had hoped a Republican wave would lead to a clean
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General Election Summary 4
transition between Pelosi and a new generation of leaders. With the House majority still not called,
Pelosi’s future remains up in the air. Look for an announcement in the coming days, or
immediately after majority control of the House is determined. House Democrats are scheduled
to hold their leadership elections after Thanksgiving, giving them time to sort out the leadership
puzzle.
U.S. House of Representatives - California Races
In California, the decennial redistricting process led to a number of competitive races, retirements,
and candidates competing for new voters in new districts. Around a dozen of California’s fifty-two
House seats were considered competitive leading up to Election Day. Many of these seats remain
too close to call as of this writing. Remaining ballots will need to be counted before a final winner
is determined later in November.
In California’s 3rd Congressional District, Republican State Assembly Member Kevin Kiley
holds an early lead over Democrat Kermit Jones. This newly drawn district favors Republicans
and will bring a new member to the State’s delegation.
In California’s 13th Congressional District, Democratic State Assembly Member Adam Gray
and Republican Businessman John Duarte are locked in a close race to fill an open seat in the
northern San Joaquin Valley. The one-point margin separating them will change as vote counting
continues.
In California’s 15th Congressional District, a Democrat-on-Democrat race between Kevin
Mullin and David Canepa remains too early to call, with Assembly Member Kevin Mullin holding
a ten point lead after election night. The race is to replace retiring Representative Jackie Speier
and will bring a new member to California’s Congressional delegation.
In California’s 22nd Congressional District, incumbent Republican Representative David
Valadao (R) holds an early lead over Democratic State Assembly Member Rudy Salas. This race
received national attention as Representative Valadao would be one of only two Republican
Representatives who voted to impeach President Donald Trump remaining in Congress. The race
remains too early to call.
In California’s 27th Congressional District, incumbent Republican Representative Mike Garcia
declared victory over Democrat Christy Smith. The race was their third encounter on the ballot
with Garcia prevailing each time. In 2020, Garcia defeated Smith by a mere 333 votes. Even with
outstanding ballots to be counted, Garcia appears to have again beaten the odds in this highly
competitive district.
In California’s 41st Congressional District, long-time Republican incumbent, and dean of the
California Delegation, Representative Ken Calvert is down to Democratic challenger Will Rollins.
Representative Calvert was drawn into a new district that included portions of the Coachella
Valley. Although this race was deemed competitive prior to Election Day many felt that it favored
Representative Calvert. The race remains too early to call and further vote counting will determine
if Representative Calvert can overcome a nearly 10,000 vote election-day deficit and win a
sixteenth term in the House.
In California’s 47th Congressional District, incumbent Democratic Representative Katie Porter
is embroiled in a tight race with Republican challenger Scott Baugh. Porter first came to Congress
during the Democratic wave election of 2018 by flipping a Republican Orange County seat to the
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General Election Summary 5
Democratic column. Porter managed to win reelection in 2020 but has faced a new challenge in
2022 due to redistricting. The race is within one percentage point at the time of writing.
In California’s 49th Congressional District incumbent Democrat Representative Mike Levin
faced a late surge from Republican challenger Brian Marryott, leading to a calling of the cavalry
in his defense. President Joe Biden stumped for Representative Levin the week before the
election and as of November 9th, the race remains too early to call, with Representative Levin
holding a two-point lead.
California will send several new Representatives to Congress due to key retirements. Long Beach
Mayor Robert Garcia will represent the new 42nd Congressional District replacing retiring
Representative Alan Lowenthal and State Senator Sydney Kamlager will represent the new 37th
District vacated by Representative Karen Bass who ran for Mayor of Los Angeles.
Vote counting in California will take weeks to complete and none of these races are final until
certified by the Secretary of State by December 16, 2022. The Townsend Public Affairs team will
provide updates as the vote counting continues.
State Outcomes
Constitutional Officers
While most of the focus was drawn to Congressional races and their outcomes for federal partisan
majorities in both houses, California’s General Election featured elections for all Constitutional
Officers, seven statewide Propositions, in addition to numerous State legislative races – many of
which had no incumbents.
For statewide contests, unofficial vote data points to all incumbent constitutional officers being re-
elected by wide margins, including Governor Newsom, Lieutenant Governor Eleni Kounalakis,
and Attorney General Rob Bonta. The race for State Controller, between Democrat Malia Cohen
and Republican Lanhee Chen, was the only constitutional office that did not have an incumbent
running. While the race for Controller was closer than the other statewide contests, Malia Cohen
has a near 7-point advantage over her challenger, making it likely that Democrats will continue to
control all statewide constitutional offices.
Statewide Propositions
Voters were asked to weigh in on a range of issues on the ballot, ranging from taxes to help
support investments to combat climate change, to the right to access abortion services, to funding
for arts and music education, to a referendum on legislation restricting the sale of flavored
tobacco. There were several high-profile voter initiatives on Tuesday’s ballot, including the online
sports wagering measure Proposition 27, which generated the most spending on a single initiative
in the state’s history.
Proposition 1, which amends the California Constitution to enshrine a fundamental right to
reproductive freedom, was placed on the ballot by the State Legislature via Senate Constitutional
Amendment (SCA) 10 authored by Senate President Pro Tem Atkins. Proposition 1 was
supported by Planned Parenthood and its affiliates, California Democratic Legislative leaders,
and medical groups. Californian voters were overwhelmingly supportive of the measure, which
garnered 65% of the vote, constituting the highest win margin of any of the seven total proposed
voter initiatives on the ballot.
Page 14 of 132
General Election Summary 6
The two gambling-related initiatives, Proposition 26 and 27, which were arguably the most
contentious and expensive measures on the 2022 ballot, both failed by significant margins.
Proposition 26 would have legalized dice games and roulette and in-person sports wagering at
tribal casinos and the state’s four horse racetracks. The measure was sponsored by a coalition
of California tribes, who sought to qualify a measure that would undermine the non-tribe
sponsored online sports wagering measure, Proposition 27. Ultimately, Proposition 26 only
garnered 30% of the total vote, with 70% voting against it.
Similarly, Proposition 27, which was sponsored by online sports betting giants Fan Duel and
DraftKings, failed by an even greater margin with only 16.7% of the total vote. A combined total
of $408 million was spent by the proponents and opponents on the Proposition 27 campaign –
the most expensive in the State’s history. The measure would have legalized online sports
wagering within the state, which trails a 2018 action from the Supreme Court to legalize it on the
federal level.
Proposition 28 requires the state to add an amount equal to 1% of Prop. 98 funding — money
guaranteed for public schools and community colleges in the state budget — for music and arts
education. The measure will not increase taxes but would increase the General Fund set aside
for education spending by roughly $1 billion annually. This measure was supported by parents
and educational groups and easily passed, with more than 60% of the vote in early returns.
Proposition 29, which proposed to regulate the State’s dialysis clinics, was placed before voters
for the third time in the last six years. Similar to the previous two times the measure was up for
consideration, voters rejected the proposed initiative. In a sign that voters may be tiring of be
asked to weigh in on this issue, voters rejected Proposition 29 with nearly 70% of voters opposing
the measure.
Proposition 30 also rose to the ranks of notable and expensive voter initiative campaigns. This
measure would have imposed a 1.75% personal income tax increase on Californians for the share
of their income above $2 million per year to fund a suite of climate programs. Specifically, the
proposition would have created a new revenue stream to subsidize zero-emission vehicles and
fund wildfire response and prevention — between $3.5 billion to $5 billion annually. The measure
was supported by the California Democratic Party, as well as by the rideshare company Lyft, who
would have benefitted from the funds that would have aided in the company’s fleet transition to
zero emissions vehicles. Notably, Governor Newsom came out against the measure despite his
recent legislative efforts to expand greenhouse gas reduction efforts and a transition to zero
emission vehicles, citing concerns with Lyft’s aim to directly profit from a new tax on voters.
Unofficial election results show that the measure failed after only receiving 40% of the vote.
Voters also considered Proposition 31, a referendum to decide whether to overturn a 2020 law
that prohibits the sale of some flavored tobacco products. A “yes” vote upheld the current law; a
“no” vote would have struck down the law and allow the sale of flavored tobacco products. The
ban includes flavored cigarettes, e-cigarettes, pods for vape pens, tank-based systems and
chewing tobacco. The measure passed, with over 62% of the vote.
Ultimately, it appears that California voters have approved three of the seen propositions that
were placed on the ballot: Proposition 1, which codifies reproductive freedoms in the Constitution;
Proposition 28, which dedicates increased funding to K-12 arts and music programs; and
Proposition 31, which imposes a statewide ban on most flavored tobacco products, including
vapes.
Page 15 of 132
General Election Summary 7
State Legislative Races
In addition to the Statewide voter initiatives, voters were asked to consider their local legislative
representatives. In the past year, the decennial redistricting process caused numerous lawmakers
to move, battle for new district spots, or retire. This, coupled with many legislators that were set
to be impacted by term limits in 2024, resulted in 10 open State Senate seats and 19 open
Assembly seats, the largest such number of open legislative seats in a decade. As of Wednesday
morning, it appears that both the Senate and Assembly will maintain their Democratic
supermajorities; however, the exact size of each caucus is still unknown as there are numerous
seats that are still too close to call.
New district boundaries that one would otherwise expect to have safe elections, materialized into
some races too close to call. In the Senate, these races include incumbent Senator Melissa
Hurtado (D-Bakersfield) who is battling Republican David Shepard for the newly drawn 14th
Senate District seat. Senator Hurtado currently represents a portion of the 14th Senate District,
but Republicans had identified this seat as a possible pickup, given the political makeup of the
new district.
In the Assembly, there are currently three races where the incumbent does not have a certain
victory. These races include Assembly Member Ken Cooley (D-Rancho Cordova), who is in a
close race with Republican Josh Hoover for his suburban Sacramento seat. Another unexpectedly
tight race is between incumbent Assembly Member Sharon Quirk-Silva (D-Fullerton) and
Republican Soo Yoo for Assembly District 65. Overall, out of the 20 Senate races, there are five
that do not have enough voting data to officially call the race. Out of the 80 Assembly races, there
are six that also are too close to call as of Wednesday, November 9th.
Looking forward, all re-elected and newly elected members will be sworn in on December 5, 2022,
as the Legislature will convene for the 2023-24 Legislative Session. Upon the convening of the
Legislature for the 2023-24 Legislative Session, there may be changes to the Assembly
Speakership, policy committee chairs, and other legislative leadership positions. After being
sworn in, the Legislature will adjourn until January 4, 2023, though it is possible that they could
return to Sacramento to consider legislation related to high gas prices under a special session of
the Legislature called by Governor Newsom.
Individual Race Results
Below please find the results of the races for Statewide Propositions, State Senate, State
Assembly, and California delegation of Congress. It should be noted that the results are current
as of 1:00pm on Wednesday, November 9th. these numbers will continue to change as
unprocessed ballots continue to be tabulated across the State. Counties have until December 9th
to report the final outcomes to the Secretary of State. The results will be certified by the Secretary
of State on December 16th.
Page 16 of 132
General Election Summary 8
Statewide Contests
Governor
Gavin Newsom (D)* – 57.6%
Brian Dahle (R) – 42.4%
Lieutenant Governor
Eleni Kounalakis (D)* – 57.7%
Angela Underwood Jacobs (R) – 42.3%
Secretary of State
Shirley Webber (D)* – 58.0%
Rob Bernosky (R) – 42.0%%
Controller
Malia Cohen (D) – 53.6%
Lanhee Chen (R) – 46.4%
Treasurer
Fiona Ma (D)* – 57.1%
Jack Guerrero (R) – 42.9%
Attorney General
Rob Bonta (D)* – 57.2%
Nathan Hochman (R) – 42.8%
Insurance Commissioner
Ricardo Lara (D)* – 57.9%
Robert Howell (R) – 42.1%
Superintendent of Public Instruction
Tony Thurmond* – 62.7%
Lance Christensen – 37.3%
United States Senate (Full Term)
Alex Padilla (D)* – 59.0%
Mark Meuser (R) – 41.0%
Statewide Propositions
Proposition 1
Constitutional Right to Reproductive Freedom
Yes – 65.0%
No – 35.0%
Proposition 26
Sports Wagering on Tribal Lands
Yes – 29.9%
No – 70.1%
Proposition 27
Online Sports Wagering Outside Tribal Lands
Yes – 16.7%
No – 83.3%
Proposition 28
Public School Arts/Music Education Funding
Yes – 61.5%
No – 38.5%
Proposition 29
Regulates Kidney Dialysis Clinics
Yes – 30.1%
No – 69.9%
Proposition 30
Tax to Fund ZEV/Wildfire Programs
Yes – 40.9%
No – 59.1%
Proposition 31
Prohibition on Sale of Flavored Tobacco
Yes – 62.3%
No – 37.7%
Page 17 of 132
General Election Summary 9
State Senate
* Denotes incumbent member of the Senate
Senate District 2
Mike McGuire (D)* – 72.0%
Gene Yoon (R) – 28.0%
Senate District 4
Tim Robertson (D) – 48.6%
Marie Alvarado-Gil (D) – 51.4%
Senate District 6
Paula Villescaz (D) – 43.3%
Roger Niello (R) – 56.7%
Senate District 8
Dave Jones (D) – 48.0%
Angelique Ashby (D) – 52.0%
Senate District 10
Lily Mei (D) – 50.7%
Aisha Wahab (D) – 49.3%
Senate District 12
Shannon Grove (R)* – 68.7%
Susanne Gundy (D) – 31.3%
Senate District 14
Anna Caballero (D)* – 55.3%
Amnon Shor (R) – 44.7%
Senate District 16
David Shepard (R) – 52.6%
Melissa Hurtado (D)* – 47.4%
Senate District 18
Steve Padilla (D) – 58.7%
Alejandro Galicia (R) – 41.3%
Senate District 20
Daniel Hertzberg (D) – 45.7%
Caroline Menjivar (D) – 54.3%
Senate District 22
Susan Rubio (D)* – 55.5%
Vincent Tsai (R) – 44.5%
Senate District 24
Ben Allen (D)* – 62.3%
Kristina Irwin (R) – 37.7%
Senate District 26
Maria Elena Durazo (D)* – 78.5%
Claudia Agraz (R) – 21.5%
Senate District 28
Lola Smallwood-Cuevas (D) – 55.7%
Cheryl C. Turner (D) – 44.3%
Senate District 30
Bob Archuleta (D)* – 56.6%
Mitch Clemmons (R) – 43.4%
Senate District 32
Kelly Seyarto (R) – 59.2%
Brian Nash (D) – 40.8%
Senate District 34
Tom Umberg (D)* – 58.4%
Rhonda Shader (R) – 45.2%
Senate District 36
Janet Nguyen (R) – 58.4%
Kim Carr (D) – 41.6%
Senate District 38
Matt Gunderson (R) – 49.7%
Catherine Blakespear (D) – 50.3%
Senate District 40
Brian W. Jones (R)* – 55.2%
Joseph C. Rocha (D) – 44.8%
Page 18 of 132
General Election Summary 10
State Assembly
* Denotes incumbent member of the Assembly
Assembly District 1
Megan Dahle (R)* – 60.6%
Belle Starr Sandwith (D) – 39.4%
Assembly District 2
Jim Wood (D)* – 68.0%
Charlotte Svolos (R) – 32.0%
Assembly District 3
James Gallagher (R)* – 62.9%
David Leon Zink (D) – 37.1%
Assembly District 4
Cecilia Aguiar-Curry (D)* – 65.5%
Bryan Pritchard (R) – 34.5%
Assembly District 5
Rebecca L Chenoweth (D) – 40.6%
Joe Patterson (R) – 59.4%
Assembly District 6
Kevin McCarty (D)* – 62.8%
Cathy Cook (R) – 37.2%
Assembly District 7
Ken Cooley (D)* – 50.3%
Josh Hoover (R) – 49.7%
Assembly District 8
Jim Patterson (R) – 74.3%
Thomas Edward Nichols (LIB) – 25.7%
Assembly District 9
Heath Flora (R)* – 68.3%
Mushtaq A Tahirkheli (D) – 31.7%
Assembly District 10
Stephanie Nguyen (D) – 58.0%
Eric Guerra (D) – 42.0%
Assembly District 11
Lori D. Wilson (D)* – 58.4%
Jenny Leilani Callison (NPP) – 41.6%
Assembly District 12
Damon Connolly (D) – 54.6%
Sara Aminzadeh (D) – 45.4%
Assembly District 13
Carlos Villapudua (D)* – 61.6%
Veronica Vargas (D) – 38.4%
Assembly District 14
Buffy Wicks (D)* – 85.2%
Richard Kinney (R) – 14.8%
Assembly District 15
Tim Grayson (D)* – 66.8%
Janell Elizabeth Proctor (R) – 33.2%
Assembly District 16
Rebecca Bauer-Kahan (D)* – 64.3%
Joseph A. Rubay (R) – 35.7%
Assembly District 17
Matt Haney (D)* – 68.3%
David Campos (D) – 31.7%
Assembly District 18
Mia Bonta (D)* – 85.8%
Mindy Pechenuk (R) – 14.2%
Assembly District 19
Phil Ting (D)* – 78.6%
Karsten Weide (R) – 21.4%
Assembly District 20
Liz Ortega (D) – 58.6%
Shawn Kumagai (D) – 41.4%
Assembly District 21
Diane Papan (D) – 72.6%
Giselle Hale (D) – 27.4%
Assembly District 22
Juan Alanis (R) – 57.4%
Jessica Self (D) – 42.6%
Assembly District 23
Marc Berman (D)* – 71.8%
Tim Dec (R) – 28.2%
Assembly District 24
Alex Lee (D)* – 66.8%
Bob Brunton (R) – 33.2%
Page 19 of 132
General Election Summary 11
Assembly District 25
Ash Kalra (D)* – 68.0%
Ted Stroll (R) – 32.0%
Assembly District 26
Evan Low (D)* – 72.1%
Tim Gorsulowsky (R) – 27.9%
Assembly District 27
Esmeralda Soria (D) – 50.3%
Mark Nicholas Pazin (R) – 49.7%
Assembly District 28
Gail Pellerin (D) – 65.0%
Liz Lawler (R) – 35.0%
Assembly District 29
Robert Rivas (D)* – 63.4%
Stephanie L. Castro (R) – 36.6%
Assembly District 30
Dawn Addis (D) – 60.8%
Vicki Nohrden (R) – 39.2%
Assembly District 31
Joaquin Arambula (D)* – 59.1%
Dolce Misol Calandra (R) – 40.9%
Assembly District 32
Vince Fong (R)* – 100.0%
Assembly District 33
Devon J. Mathis (R)* – 63.1%
Jose Sigala (D) – 36.9%
Assembly District 34
Thurston “Smitty” Smith (R)* – 42.1%
Tom Lackey (R)* – 57.9%
Assembly District 35
Leticia Perez (D) – 41.1%
Jasmeet Bains (D) – 58.9%
Assembly District 36
Eduardo Garcia (D)* – 56.4%
Ian M. Weeks (R) – 43.6%
Assembly District 37
Gregg Hart (D) – 58.0%
Mike Stoker (R) – 42.0%
Assembly District 38
Steve Bennett (D)* – 60.4%
Cole Brocato (R) – 39.6%
Assembly District 39
Paul Andre Marsh (R) – 45.2%
Juan Carrillo (D) – 54.8%
Assembly District 40
Suzette Martinez Valladares (R)* – 54.3%
Pilar Schiavo (D) – 45.7%
Assembly District 41
Chris Holden (D)* – 57.7%
Michael McMahon (R) – 42.3%
Assembly District 42
Jacqui Irwin (D)* – 54.2%
Lori Mills (R) – 45.8%
Assembly District 43
Luz Maria Rivas (D)* – 70.2%
Siaka Massaquoi (W/I) (R) – 29.8%
Assembly District 44
Laura Friedman (D)* – 66.3%
Barry Curtis Jacobsen (R) – 33.7%
Assembly District 45
James C. Ramos (D)* – 60.4%
Joseph W. Martinez (R) – 39.6%
Assembly District 46
Jesse Gabriel (D)* – 60.3%
Dana Caruso (R) – 39.7%
Assembly District 47
Christy Holstege (D) – 55.1%
Greg Wallis (R) – 44.9%
Assembly District 48
Blanca Rubio (D)* – 55.9%
Ryan Maye (R) – 44.1%
Page 20 of 132
General Election Summary 12
Assembly District 49
Mike Fong (D)* – 62.2%
Burton Brink (R) – 37.8%
Assembly District 50
Eloise Gomez Reyes (D)* – 56.5%
Sheela Stark (R) – 43.5%
Assembly District 51
Rick Chavez Zbur (D) – 54.9%
Louis Abramson (D) – 45.1%
Assembly District 52
Wendy Carrillo (D)* – 60.3%
Mia Livas Porter (D) – 39.7%
Assembly District 53
Freddie Rodriguez (D)* – 57.8%
Toni Holle (R) – 42.2%
Assembly District 54
Miguel Santiago (D)* – 74.3%
Elaine Alaniz (W/I) (R) – 25.7%
Assembly District 55
Isaac G. Bryan (D)* – 80.1%
Keith Girolamo Cascio (R) – 19.9%
Assembly District 56
Lisa Calderon (D)* – 54.1%
Jessica Martinez (R) – 45.9%
Assembly District 57
Reggie Jones-Sawyer (D)* – 100%
Assembly District 58
Sabrina Cervantes (D)* – 56.5%
Bernard William Murphy (R) – 43.5%
Assembly District 59
Phillip Chen (R)* – 72.3%
Leon Q. Sit (W/I) (NPP) – 27.7%
Assembly District 60
Hector Diaz-Nava (R) – 57.4%
Corey A. Jackson (D) – 42.6%
Assembly District 61
Robert Pullen-Miles (D) – 60.9%
Tina Simone McKinnor (D) – 39.1%
Assembly District 62
Anthony Rendon (D)* – 63.2%
Maria Estrada (D) – 36.8%
Assembly District 63
Fauzia Rizvi (D) – 46.5%
Bill Essayli (R) – 53.5%
Assembly District 64
Raul Ortiz, Jr. (R) – 44.0%
Blanca Pacheco (D) – 56.0%
Assembly District 65
Mike Anthony Gipson (D)* – 64.4%
Fatima Iqbal-Zubair (D) – 35.6%
Assembly District 66
Al Muratsuchi (D)* – 55.5%
George Barks (R) – 44.5%
Assembly District 67
Sharon Quirk-Silva (D)* – 49.7%
Soo Yoo (R) – 50.3%
Assembly District 68
Avelino Valencia (D) – 57.9%
Mike Tardif (R) – 42.1%
Assembly District 69
Josh Lowenthal (D) – 59.9%
Al Austin II (D) – 40.1%
Assembly District 70
Diedre Thu-Ha Nguyen (D) – 44.4%
Tri Ta (R) – 55.6%
Assembly District 71
Matt Rahn (R) – 50.2%
Kate Sanchez (R) – 49.8%
Assembly District 72
Judie Mancuso (D) – 43.0%
Diane Dixon (R) – 57.0%
Assembly District 73
Cottie Petrie-Norris (D)* – 53.8%
Steven “Steve” Choi (R)* – 46.2%
Assembly District 74
Laurie Davies (R)* – 54.2%
Chris Duncan (D) – 45.8%
Page 21 of 132
General Election Summary 13
Assembly District 75
Marie Waldron (R)* – 66.8%
Randy Voepel (R)* – 33.2%
Assembly District 76
Brian Maienschein (D)* – 49.6%
Kristie Bruce-Lane (R) – 50.4%
Assembly District 77
Tasha Boerner Horvath (D)* – 58.2%
Dan Downey (R) – 41.8%
Assembly District 78
Chris Ward (D)* – 65.2%
Eric E. Gonzales (R) – 34.8%
Assembly District 79
Akilah Weber (D)* – 61.2%
Corbin Sabol (R) – 38.8%
Assembly District 80
Georgette Gómez (D) – 28.2%
David Alvarez (D) – 71.8%
House of Representatives
* Denotes incumbent member of the House of Representatives
Congressional District 1
Doug LaMalfa (R)* 59.9 %
Max Steiner (D) 40.1 %
Congressional District 2
Jared Huffman (D)* 71.9 %
Douglas Brower 28.1 %
Congressional District 3
Kevin Kiley (R) 53.1 %
Kermit Jones (D) 46.9 %
Congressional District 4
Mike Thompson (D)* 67.7 %
Matt Brock (R) 32.3 %
Congressional District 5
Tom McClintock (R)* 60.1 %
Michael J. “Mike” Barkley (D) 39.9 %
Congressional District 6
Ami Bera (D)* 55.8 %
Tamika Hamilton (R) 44.2 %
Congressional District 7
Doris Matsui (D)* 65.7 %
Max Semenenko (R) 34.3 %
Congressional District 8
John Garamendi (D)* 74.5 %
Rudy Recile (R) 25.5 %
Congressional District 9
Josh Harder (D)* 56.4 %
Tom Patti (R) 43.6 %
Congressional District 10
Mark DeSaulnier (D)* 79.5 %
Michael Ernest Kerr (GRN) 20.5 %
Congressional District 11
Nancy Pelosi (D)* 81.4 %
John Dennis (R) 18.6 %
Congressional District 12
Barbara Lee (D)* 87.1 %
Stephen Slauson (R) 12.9 %
Congressional District 13
John Duarte (R) 49.9 %
Adam Gray (D) 50.1 %
Congressional District 14
Eric Swalwell (D)* 65.7 %
Alison Hayden (R) 34.3 %
Congressional District 15
Kevin Mullin (D) 55.9 %
David J. Canepa (D) 44.1 %
Congressional District 16
Anna G. Eshoo (D)* 58.4 %
Rishi Kumar (D) 41.6 %
Page 22 of 132
General Election Summary 14
Congressional District 17
Ro Khanna (D)* 69.6 %
Ritesh Tandon (R) 30.4 %
Congressional District 18
Zoe Lofgren (D)* 64.9 %
Peter Hernandez (R) 35.1 %
Congressional District 19
Jimmy Panetta (D)* 67.3 %
Jeff Gorman (R) 32.7 %
Congressional District 20
Kevin McCarthy (R)* 67.6 %
Marisa Wood (D) 32.4 %
Congressional District 21
Jim Costa (D)* 53.4 %
Michael Maher (R) 46.6 %
Congressional District 22
Rudy Salas (D) 46.0 %
David G. Valadao (R)* 54.0 %
Congressional District 23
Jay Obernolte (R)* 60.8 %
Derek Marshall (D) 39.2 %
Congressional District 24
Salud Carbajal (D)* 60.7 %
Brad Allen (R) 39.3 %
Congressional District 25
Raul Ruiz (D)* 61.4 %
Brian E. Hawkins (R) 38.6 %
Congressional District 26
Julia Brownley (D)* 53.9 %
Matt Jacobs (R) 46.1 %
Congressional District 27
Mike Garcia (R)* 57.6 %
Christy Smith (D) 42.4 %
Congressional District 28
Judy Chu (D)* 62.8 %
Wes Hallman (R) 37.2 %
Congressional District 29
Tony Cardenas (D)* 62.0 %
Angélica María Dueñas (D) 38.0 %
Congressional District 30
Adam B. Schiff (D)* 72.1 %
G. “Maebe A. Girl” Pudio (D) 27.9 %
Congressional District 31
Grace F. Napolitano (D)* 55.0 %
Daniel Bocic Martinez (R) 45.0 %
Congressional District 32
Brad Sherman (D)* 64.8 %
Lucie Lapointe Volotzky (R) 35.2 %
Congressional District 33
Pete Aguilar (D)* 56.5 %
John Mark Porter (R) 43.5 %
Congressional District 34
Jimmy Gomez (D)* 53.1 %
David Kim (D) 46.9 %
Congressional District 35
Norma J. Torres (D)* 55.8 %
Mike Cargile (R) 44.2 %
Congressional District 36
Ted W. Lieu (D)* 64.8 %
Joe E. Collins III (R) 35.2 %
Congressional District 37
Sydney Kamlager (D) 61.4 %
Jan C. Perry (D) 38.6 %
Congressional District 38
Linda T. Sánchez (D)* 53.3 %
Eric J. Ching (R) 46.7 %
Congressional District 39
Mark Takano (D)* 60.4 %
Aja Smith (R) 39.6 %
Congressional District 40
Asif Mahmood (D) 40.9 %
Young Kim (R)* 59.1 %
Page 23 of 132
General Election Summary 15
Congressional District 41
Ken Calvert (R)* 43.8 %
Will Rollins (D) 56.2 %
Congressional District 42
Robert Garcia (D) 63.8 %
John Briscoe (R) 36.2 %
Congressional District 43
Maxine Waters (D)* 73.9 %
Omar Navarro (R) 26.1 %
Congressional District 44
Nanette Diaz Barragan (D)* 68.0 %
Paul Jones (R) 32.0 %
Congressional District 45
Michelle Steel (R)* 55.3 %
Jay F. Chen (D) 44.7 %
Congressional District 46
Lou Correa (D)* 58.1 %
Christopher J. Gonzales (R) 41.9 %
Congressional District 47
Katie Porter (D)* 50.3 %
Scott Baugh (R) 49.7 %
Congressional District 48
Darrell Issa (R)* 60.1 %
Stephen Houlahan (D) 39.9 %
Congressional District 49
Mike Levin (D)* 51.0 %
Brian Maryott (R) 49.0 %
Congressional District 50
Scott Peters (D)* 60.0 %
Corey Gustafson (R) 40.0 %
Congressional District 51
Sara Jacobs (D)* 59.0 %
Stan Caplan (R) 41.0 %
Congressional District 52
Juan Vargas (D)* 64.4 %
Tyler Geffeney (R) 35.6 %
Page 24 of 132
ITEM NO. 8.1.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT: Minutes of the Board of Directors Meeting Held October 24, 2022
RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
1. Draft Minutes for October 24, 2022 Board Meeting
Page 25 of 132
Minutes of the YLWD Board of Directors Regular Meeting Held October 24, 2022 at 5:30 p.m. 1
2022-XXX
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Monday, October 24, 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 5:32 p.m.
3. PLEDGE OF ALLEGIANCE
Vice President Jones led the pledge.
4. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
J. Wayne Miller, PhD, President Mark Toy, General Manager
Brooke Jones, Vice President Doug Davert, Assistant General Manager
Trudi DesRoches John DeCriscio, Operations Manager
Tom Lindsey Gina Knight, Human Resources/Risk Manager
Delia Lugo, Finance Manager
DIRECTORS ABSENT Rosanne Weston, Engineering Manager
Phil Hawkins Alison Martin, Public Affairs Manager
Annie Alexander, Board Secretary
Sophia Phuong, Senior Accountant
ALSO PRESENT
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
5. ADDITIONS/DELETIONS TO THE AGENDA
General Manager Toy noted that a report included with Item No. 10.6. had been
revised due to a mathematical error. Copies of the revised page were made
available to the Board and public.
6. PUBLIC COMMENTS
Al Nederhood, resident, commented on the content of a political campaign mailer
associated with the upcoming election.
Page 26 of 132
Minutes of the YLWD Board of Directors Regular Meeting Held October 24, 2022 at 5:30 p.m. 2
2022-XXX
7. ACTION CALENDAR
7.1.Annual Audit Report for Fiscal Year Ended June 30, 2022
Staff introduced Mr. Ryan Domino, Partner of Lance, Soll & Lunghard, LLP,
who reviewed key information contained in the audit report. He noted that
the District received an unmodified “clean” opinion with no significant
deficiencies in internal controls, no material non-compliance with laws,
regulations, grant agreements, and contracts, no audit adjustments
required, and no difficulties conducting the audit or disagreements with
management regarding accounting policies.
Director Lindsey commended staff for their work related to the audit process.
President Miller inquired about the audit process for the District’s Other
Postemployment Benefits (OPEB) liabilities. Mr. Domino explained that only
the assumptions used to calculate the OPEB liabilities are audited.
Director DesRoches made a motion, seconded by Director Jones, to receive
and file the Yorba Linda Water District Annual Comprehensive Financial
Report for the Fiscal Year Ended June 30, 2022, the Report on Internal Control,
and the Communications to Those in Governance Letter. Motion carried 4-0-
0-1 on a roll call vote with Director Hawkins absent.
8. ADJOURN TO YORBA LINDA FINANCING AUTHORITY REGULAR MEETING
A recess was declared at 5:59 p.m. to conduct the Financing Authority Regular
Meeting.
The meeting was reconvened at 6:02 p.m.
9. INTRODUCTIONS AND PRESENTATIONS
9.1.Elected Officials Liaison Reports
None.
9.2.Federal and State Legislative Update
Staff briefly reported that Governor Newsom’s COVID-19 State of Emergency
would be ending February 28, 2023, which will impact the process for
conducting Board meetings via teleconference during emergencies.
10. CONSENT CALENDAR
President Miller opened the floor to public comment on any items on the Consent
Calendar for which there was none.
Page 27 of 132
Minutes of the YLWD Board of Directors Regular Meeting Held October 24, 2022 at 5:30 p.m. 3
2022-XXX
Director DesRoches requested to remove Item No. 10.4 from the Consent Calendar
for separate action.
Director DesRoches made a motion, seconded by Director Miller, to approve the
Consent Calendar. Motion carried 4-0-0-1 on a roll call vote with Director Hawkins
Absent.
10.1.Minutes of the Board of Directors Meeting Held September 13, 2022 and
September 26, 2022
Recommendation: That the Board of Directors approve the minutes as
presented.
10.2.Authorize Continuation of Virtual/Teleconference Board Meetings
Recommendation: That the Board of Directors adopt Resolution No. 2022-XX
authorizing virtual Board meetings pursuant to AB 361 for 30 days based on
the findings that (1) the Board has considered 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.Amend Conflict of Interest Code
Recommendation: That the Board of Directors adopt Resolution No. 2022-XX
adopting a Conflict of Interest Code which supersedes all prior conflict of
interest codes and amendments previously adopted.
10.5.Status of Communications Activities
Recommendation: That the Board of Directors receive and file the monthly
communications activities report.
10.6.Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $4,726,229.62.
10.7.Budget to Actual Statements for Months Ending July 31, 2022 and August 31,
2022
Recommendation: That the Board of Directors receive and file the Budget to
Actual Reports for the months ending July 31, 2022 and August 31, 2022.
Page 28 of 132
Minutes of the YLWD Board of Directors Regular Meeting Held October 24, 2022 at 5:30 p.m. 4
2022-XXX
10.8.Cash and Investment Report for Month Ending August 31, 2022
Recommendation: That the Board of Directors receive and file the Cash and
Investment Report for the month ending August 31, 2022.
10.9.Update Securities Custody Agreement with US Bank for District Investments
Recommendation: That the Board of Directors adopt Resolution No. 2022-XX
authorizing the establishment of securities custody agreements with US Bank
for District investments and superseding Resolution No. 2021-09.
10.10.Claim for Damages Filed by John Konstantinos
Recommendation: That the Board of Directors reject and deny the claim filed
by John Konstantinos.
10.11.Notice of Completion for BNSF Crossing Water Improvements
Recommendation: That the Board of Directors authorize staff to file the
Notice of Completion for BNSF Crossing Water Improvement Project, J-2021-
02 and J-2021-19.
10.12.Award Construction Contract for the Timber Ridge Booster Pump Station
Rehabilitation Project
Recommendation: That the Board of Directors award the Construction
Contract for the Timber Ridge Booster Pump Station Project to Pacific
Hydrotech Corporation for $4,982,170.00, Job No. J-2020-37.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION
10.4. Adoption of Encroachment Policy
General Counsel Gagen reviewed the purpose of establishing an
encroachment policy and responded to questions regarding the proposed
process for addressing encroachment issues. Discussion followed regarding
the purpose of the declaration of restrictive covenants and how
unauthorized encroachments affect District operations. General Counsel
Gagen then noted that the template for the declaration of restrictive
covenants was continually being updated and requested language be
added to the policy indicating that the covenants were being adopted in
substantial form which may be amended from time to time. Following
additional discussion, the Board determined to defer consideration of this
item to the next regular meeting in November to allow additional time for
public review and incorporation of suggested revisions.
Page 29 of 132
Minutes of the YLWD Board of Directors Regular Meeting Held October 24, 2022 at 5:30 p.m. 5
2022-XXX
11. ACTION CALENDAR CONTINUED
11.1.2022 Wastewater Master Plan
Staff provided an overview of major components contained in the 2022
Wastewater Master Plan including the status of existing infrastructure,
average wastewater flow rates in comparison to water demand, and
estimated number of residences still on septic. Staff also reviewed the
scheduled wastewater capital improvement projects.
Al Nederhood, resident, voiced his concerns related to the replacement of
wastewater pipeline, increased housing density, reduction of flow due to
state regulations for indoor water use, and enforcement of the District’s Fats
Oils and Greases (FOG) Program.
Discussion followed regarding elements of the FOG program, the relining of
wastewater pipeline, and the District’s asset mapping system.
Director DesRoches made a motion, seconded by Director Miller, to receive
and file the 2022 Wastewater Master Plan. Motion carried 4-0-0-1 on a roll call
vote with Director Hawkins absent.
12. DISCUSSION ITEMS
12.1.Review Legislative Platform
No revisions were requested for preparation of the 2023 legislative platform.
The final draft will be brought back to the Board for consideration at the next
regular meeting.
13. REPORTS, INFORMATION ITEMS, AND COMMENTS
13.1.Director’s Reports
Director Lindsey commented on the benefits of fostering positive relationships
with neighboring city agencies and multiple events he attended throughout
the community including state of the city events and facility dedications. The
Board also commended staff for their efforts related to the District’s open
house.
President Miller briefly commented on the California Air Resources Board’s
advanced clean fleets regulation.
Page 30 of 132
Minutes of the YLWD Board of Directors Regular Meeting Held October 24, 2022 at 5:30 p.m. 6
2022-XXX
13.2.General Manager’s Report
General Manager Toy referenced his report in the agenda packet and noted
his upcoming speaking engagements. Discussion briefly touched on the
status of the helicopter hydrant project at the Diemer Water Treatment Plant.
13.3.General Counsel’s Report
None.
13.4.Future Agenda Items and Staff Tasks
President Miller requested an item be added to a future agenda to discussion
the District’s investment options.
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) – Next meeting is scheduled Monday, November 7, 2022 at
4:00 p.m.
14.3.Joint Agency Committee with City of Placentia
(Jones / Lindsey) – Next meeting is scheduled Tuesday, October 25, 2022 at
4:00 p.m.
15. BOARD OF DIRECTORS ACTIVITY CALENDAR
15.1 Meetings from October 25 – November 30, 2022
16. CLOSED SESSION
The Board entered Closed Session at 7:17 p.m.
16.1.Conference with Legal Counsel – Significant Exposure to Litigation
Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the
California Government Code
Number of Potential Cases: One
16.2.Conference with Legal Counsel – Initiation of Litigation
Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California
Government Code
Number of Potential Cases: Two
Page 31 of 132
Minutes of the YLWD Board of Directors Regular Meeting Held October 24, 2022 at 5:30 p.m. 7
2022-XXX
16.3.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)
16.4.Conference with Legal Counsel - Existing Litigation
Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the
California Government Code
Name of Case: YLWD v. Alex Winsberg (Orange County Superior Court-
Case No. 30-2022-01284814-CU-OR-CJC)
16.5.Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: General Manager
The Board returned to Open Session at 9:35 p.m.
17. REPORT FROM CLOSED SESSION
No reportable action was taken during closed session.
18. ADJOURNMENT
18.1.Director Lindsey made a motion, seconded by Director Jones, to adjourn the
meeting at 9:35 p.m. Motion passed 4-0-0-1 on a roll call vote with Director
Hawkins absent.
Annie Alexander
Board Secretary
Page 32 of 132
ITEM NO. 8.2.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, 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 24, 2022 Board meeting, pursuant to AB 361, the Board of Directors adopted
Resolution No. 2022-30 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. 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 was a continued state of emergency for COVID-19, and
state and local officials continued to 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 33 of 132
ITEM NO. 8.3.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Alison Martin, Public Affairs Manager
SUBJECT: Legislative Platform for Calendar Year 2023
RECOMMENDATION:
That the Board of Directors approve the proposed legislative platform for calendar year 2023.
SUMMARY:
The text of the 2023 Legislative Platform is attached for Board consideration.
BACKGROUND:
The District works to influence legislation and funding opportunities in Sacramento and Washington,
D.C. to promote fiscal stability, preserve local control, and support regulatory streamlining. The
YLWD Legislative Platform serves as the guide by which the District actively engages with legislation
through monitoring and communications activities. The YLWD Legislative Platform represents the
District’s position on current or future issues that have the potential to impact the District or its
interests. The Guiding Principles and Policy Statements will allow District staff and consultants to
address legislative and regulatory issues promptly, without precluding the consideration of additional
legislative and budget issues that may arise during the legislative session. Furthermore, the
Legislative Platform is an important advocacy tool to present and deliver to elected officials who
represent the YLWD service area locally or in Sacramento and Washington D.C. Sharing policy
statements and positions on common legislative and regulatory issues with elected officials helps to
shape policy decisions and positions YLWD to be a leader in the community for legislative and
regulatory topics.
PRIOR RELEVANT BOARD ACTION:
October 13, 2021: The Board of Directors considered a draft Legislative Platform and provided
directions for revisions.
December 14, 2021: The Board of Directors adopted the 2022 Legislative Platform.
October 24, 2022: The Board of Directors considered the 2022 Legislative Platform and stated they
had no directions for revisions for the 2023 Legislative Platform.
STRATEGIC PLAN INITIATIVES:
Page 34 of 132
G1 5A - Meeting with lobbyists, representatives, and regulators at all levels (local/state/federal).; G1
5B - Actively participate with existing water/sewer organizations on regulatory and emerging issues.;
G4 2D - Communicate emerging water quality and sewer issues/regulations.
ATTACHMENTS:
1. YLWD 2022 Legislative Platform (For Reference)
2. YLWD 2023 Legislative Platform
Page 35 of 132
2022 LEGISLATIVE PLATFORM
Page 36 of 132
Page | 1 2022 Legislative Platform
CONTENTS
Contents ..................................................................................................... 1
Purpose ...................................................................................................... 2
Process ....................................................................................................... 3
Guiding Principles ....................................................................................... 4
Legislative Positions ................................................................................... 5
Water Supply ........................................................................................... 5
Water Quality ........................................................................................... 5
Water Use Efficiency ............................................................................... 6
Environment ............................................................................................ 6
Energy ..................................................................................................... 7
Fiscal ....................................................................................................... 7
Local Control ........................................................................................... 8
Other ....................................................................................................... 8
Page 37 of 132
Page | 2 2022 Legislative Platform
PURPOSE
This document serves as the guide by which the Yorba Linda Water District
(YLWD) actively engages with legislation through monitoring and
communications activities. The 2022 YLWD Legislative Platform represents
the District’s position on current or future issues that have the potential to
impact the District or its interests.
Below are the Guiding Principles and Policy Statements that will allow
District staff and consultants to address 2022 legislative and regulatory
issues promptly, without precluding the consideration of additional
legislative and budget issues that may arise during the legislative session.
Furthermore, the 2022 Legislative Platform is an important advocacy tool to
present and deliver to elected officials who represent the YLWD service
area locally or in Sacramento and Washington D.C. Sharing policy
statements and positions on common legislative and regulatory issues with
elected officials helps to shape policy decisions and positions YLWD to be
a leader in the community for legislative and regulatory topics.
Page 38 of 132
Page | 3 2022 Legislative Platform
PROCESS
Legislative positions will be recommended by YLWD staff and the District’s
legislative advocates and submitted to the Board of Directors for their
consideration
In times where the legislative position of the District is unable to go to the
Board of Directors in time before it is acted upon in the Legislature, as long
as it is in line with the adopted legislative platform or the position taken is
the same as any local agency partners or association agencies including
but not limited to the Association of California Water Agencies (ACWA),
Metropolitan Water District of Southern California (MWDSC), the Municipal
Water District of Orange County (MWDOC), Orange County Water District
(OCWD), Orange County Sanitation District (OCSD) the California Special
District’s Association (CSDA), Community Water Systems Alliance
(CWSA), or the California Association of Sanitation Agencies (CASA), the
Board President can sign position letters on behalf of the District. If the
Board President takes any legislative position due to this process, the
legislative position will still be brought before the next Board of Directors
meeting after the fact for discussion and direction.
Page 39 of 132
Page | 4 2022 Legislative Platform
GUIDING PRINCIPLES
PROMOTE FISCAL STABILITY
Seek funding opportunities for YLWD projects through grants,
appropriations, or other means. Help YLWD access additional funding
sources that will promote local reliability projects. Support measures that
promote fiscal stability, predictability, financial independence, and preserve
the District’s financial independence. Oppose measures that do not provide
adequate funding to the District such as unfunded mandates or mandated
costs with no guarantee of local reimbursement or offsetting benefits.
PRESERVE LOCAL CONTROL
Preserve and protect the District’s powers, duties, and prerogatives to
operate within its service area and to determine the policy direction of local
affairs, and oppose legislation that preempts local authority. Local agencies
should preserve authority and accountability for revenues raised and
services provided, including maintaining the ability to charge for services
rendered or collect proportional impact, connection, or capacity fees.
SUPPORT REGULATORY STREAMLINING
Support legislation that aims to streamline the regulatory environment by
reducing regulation, reviewing regulation, or proposing regulations without
affecting YLWD’s ability to operate safely and effectively. Oppose
redundant regulatory processes or procedures that increase costs and add
time to projects without justifiable benefits
Page 40 of 132
Page | 5 2022 Legislative Platform
LEGISLATIVE POSITIONS
WATER SUPPLY
Support legislation that improves the supply and security of water to the
Yorba Linda Water District service area, including stormwater capture and
dry weather runoff.
Support legislation that aims to increase water recycling, potable reuse,
groundwater recharge, above ground storage, and surface water
development.
Support legislation that encourages, funds, and maintains water recycling
systems like the Ground Water Replenishment System that is managed by
Orange County Water District.
Support legislation and policies that provide for a solution to the problems
in the Sacramento-San Joaquin River Delta that strikes a balance between
agricultural demands and urban water needs.
Support funding opportunities that provide local reliability, conveyance, and
storage facilities for YLWD.
Support declaring water desalination as extraordinary supply.
Support desalination projects where the cost provides good value because
of the resilience achieved.
Reward districts that can prove their water use is recycled 100%.
WATER QUALITY
Oppose legislation or policies that add redundant water testing, water
quality, or environmental constraints to YLWD.
Support legislation and funding that helps agencies meet state and federal
water quality standards.
Support legislation or regulations that aim to provide source-control
measures at no cost to the District to prevent contaminants such as
PFAS/PFOA from entering the water supply.
Page 41 of 132
Page | 6 2022 Legislative Platform
LEGISLATIVE POSITIONS
WATER USE EFFICIENCY
Oppose legislation that establishes water conservation and water use
efficiency programs that unreasonably constrain YLWD or its customers.
Oppose measures that fail to recognize augmented or alternative water
supplies as an efficient use of water, or that fail to provide an adequate
incentive for investments in such water, for potable or non-potable reuse.
Oppose measures that require water efficiency standards or performance
measures that are infeasible, not practical, or fail to achieve a positive
cost-benefit ratio.
ENVIRONMENT
Support the goals of National Endangered Species Act Reform Coalition
(NESARC).
Support legislation that aims to clarify, streamline, and modernize the
California Environmental Quality Act (CEQA).
Support unique solutions and partnerships to collectively address and
respond to natural disasters such as wildfires, including the continued use
and expansion of Heli-Hydrants and emergency generators.
Support policies and legislation that help fund the cleanup and removal of
PFAS/PFOA contaminants from groundwater supplies.
Support polluter-pays principles when assigning responsibility for the
contamination and cleanup of environmentally destructive substances.
Support legislation or regulations that discourage the flushing of wipes or
other foreign substances through the sewer system, unless they meet
certain performance standards.
Oppose assigning superfund liability to water districts who treat water to
remove PFAS.
Page 42 of 132
Page | 7 2022 Legislative Platform
LEGISLATIVE POSITIONS
ENERGY
Oppose legislation that increases the cost of electricity or other utilities for
YLWD.
Support legislation and policies that recognize hydroelectric power as a
clean, renewable energy source and that its generation and use meet the
greenhouse gas emission reduction compliance requirements called for in
the Global Warming Solutions Act of 2006 (AB 32) and subsequent related
legislation.
Monitor and support any legislative development that would provide relief
for the use of diesel emergency power generators during State of
Emergency events affecting the local electrical utility.
Oppose the removal of natural gas as a viable energy source.
FISCAL
Support the development of bond or general fund programs for water
supply development, including new surface and groundwater storage,
water quality, recycled water, desalination, and water use efficiency related
programs.
Oppose legislation that places unnecessary or unfair regulations on
pension liabilities.
Support an equitable approach to the disbursement of State Revolving
Fund revenues for a wide variety of projects.
Oppose legislation and regulations that tax water as a public goods charge
and redistributes the revenue throughout the State.
Support state and federal revenue sources for water infrastructure projects
that address water quality and reliability issues for disadvantaged and
income-limited communities and residents that are not based upon
regressive taxes.
Support the protection of local revenue for use by special districts and the
maintenance of reserve accounts of water agencies.
Support efforts that seek to bring federal sources of funding to California
for water infrastructure development and water management.
Page 43 of 132
Page | 8 2022 Legislative Platform
LEGISLATIVE POSITIONS
LOCAL CONTROL
Oppose legislation that seeks to diminish or alter the authority of the Board
of Directors to manage the District’s water systems or operations, impose
unreasonable unfunded state mandated programs, or increase fees or
taxes on YLWD customers.
Oppose legislation that would degrade YLWD’s authority in the area of
public contracts, procurement, financial administration, public records, and
human resources.
Oppose legislation that would dissolve YLWD or transfer its duties to other
agencies.
Oppose legislation that would affect YLWD’s ability to protect and secure
critical infrastructure from cyber or physical threats and damages.
Oppose legislation that places mandates, or otherwise modifies the
governance structure of special districts, joint powers authorities, or other
local government entities.
Support legislation that eliminates regulations between employees and
employers that place undue fiscal harm on special districts.
Oppose legislation that mandates additional duties upon special districts to
facilitate public meetings or transparency without cause or funding.
Oppose legislation that prevents water agencies from recovering sufficient
revenues from connection and capacity fees and oppose legislation that
restricts the ability of agencies to charge fees for services.
OTHER
Monitor legislation that would change or expand current prevailing wage
requirements.
Oppose legislation that creates additional water agencies within or
inclusive of the YLWD service area outside of the LAFCO process, or
without the support of residents and local public agencies.
Page 44 of 132
2023 Legislative Platform
Draft for Approval
1
2023 Legislative Platform
Draft for Approval
CONTENTS
Purpose.........................................................................................................................................1
Process..........................................................................................................................................1
Guiding Principles........................................................................................................................2
Promote Fiscal Stability............................................................................................................2
Preserve Local Control............................................................................................................2
Support Regulatory Streamlining............................................................................................2
LEGISLATIVE POSITIONS................................................................................................................2
Water Supply ............................................................................................................................2
Water Quality ...........................................................................................................................3
Water Use Efficiency................................................................................................................3
Environment..............................................................................................................................3
ENERGY .....................................................................................................................................3
Fiscal..........................................................................................................................................4
Local Control............................................................................................................................4
Other .........................................................................................................................................4
PURPOSE
This document serves as the guide by which the Yorba Linda Water District (YLWD) actively
engages with legislation through monitoring and communications activities. The 2022 YLWD
Legislative Platform represents the District’s position on current or future issues that have the
potential to impact the District or its interests.
Below are the Guiding Principles and Policy Statements that will allow District staff and consultants
to address 2022 legislative and regulatory issues promptly, without precluding the consideration of
additional legislative and budget issues that may arise during the legislative session.
Furthermore, the 2022 Legislative Platform is an important advocacy tool to present and deliver to
elected officials who represent the YLWD service area locally or in Sacramento and Washington
D.C. Sharing policy statements and positions on common legislative and regulatory issues with
elected officials helps to shape policy decisions and positions YLWD to be a leader in the
community for legislative and regulatory topics.
Page 45 of 132
2023 Legislative Platform
Draft for Approval
2
PROCESS
Legislative positions will be recommended by YLWD staff and the District’s legislative advocates
and submitted to the Board of Directors for their consideration
In times where the legislative position of the District is unable to go to the Board of Directors in time
before it is acted upon in the Legislature, as long as it is in line with the adopted legislative platform
or the position taken is the same as any local agency partners or association agencies including
but not limited to the Association of California Water Agencies (ACWA), Metropolitan Water
District of Southern California (MWDSC), the Municipal Water District of Orange County (MWDOC),
Orange County Water District (OCWD), Orange County Sanitation District (OCSD) the California
Special District’s Association (CSDA), Community Water Systems Alliance (CWSA), or the California
Association of Sanitation Agencies (CASA), the Board President can sign position letters on behalf
of the District. If the Board President takes any legislative position due to this process, the legislative
position will still be brought before the next Board of Directors meeting after the fact for discussion
and direction.
GUIDING PRINCIPLES
Promote Fiscal Stability
Seek funding opportunities for YLWD projects through grants, appropriations, or other means. Help
YLWD access additional funding sources that will promote local reliability projects. Support
measures that promote fiscal stability, predictability, financial independence, and preserve the
District’s financial independence. Oppose measures that do not provide adequate funding to the
District such as unfunded mandates or mandated costs with no guarantee of local reimbursement
or offsetting benefits.
Preserve Local Control
Preserve and protect the District’s powers, duties, and prerogatives to operate within its service
area and to determine the policy direction of local affairs, and oppose legislation that preempts
local authority. Local agencies should preserve authority and accountability for revenues raised
and services provided, including maintaining the ability to charge for services rendered or collect
proportional impact, connection, or capacity fees.
Support Regulatory Streamlining
Support legislation that aims to streamline the regulatory environment by reducing regulation,
reviewing regulation, or proposing regulations without affecting YLWD’s ability to operate safely
and effectively. Oppose redundant regulatory processes or procedures that increase costs and
add time to projects without justifiable benefits
LEGISLATIVE POSITIONS
Water Supply
Support legislation that improves the supply and security of water to the Yorba Linda Water
District service area, including stormwater capture and dry weather runoff.
Support legislation that aims to increase water recycling, potable reuse, groundwater
recharge, above ground storage, and surface water development.
Page 46 of 132
2023 Legislative Platform
Draft for Approval
3
Support legislation that encourages, funds, and maintains water recycling systems like the
Ground Water Replenishment System that is managed by Orange County Water District.
Support legislation and policies that provide for a solution to the problems in the
Sacramento-San Joaquin River Delta that strikes a balance between agricultural demands
and urban water needs.
Support funding opportunities that provide local reliability, conveyance, and storage
facilities for YLWD.
Support declaring water desalination as extraordinary supply.
Support desalination projects where the cost provides good value because of the
resilience achieved.
Reward districts that can prove their water use is recycled 100%.
Water Quality
Oppose legislation or policies that add redundant water testing, water quality, or
environmental constraints to YLWD.
Support legislation and funding that helps agencies meet state and federal water quality
standards.
Support legislation or regulations that aim to provide source-control measures at no cost
to the District to prevent contaminants such as PFAS/PFOA from entering the water supply.
Water Use Efficiency
Oppose legislation that establishes water conservation and water use efficiency programs
that unreasonably constrain YLWD or its customers.
Oppose measures that fail to recognize augmented or alternative water supplies as an
efficient use of water, or that fail to provide an adequate incentive for investments in such
water, for potable or non-potable reuse.
Oppose measures that require water efficiency standards or performance measures that
are infeasible, not practical, or fail to achieve a positive cost-benefit ratio.
Environment
Support the goals of National Endangered Species Act Reform Coalition (NESARC).
Support legislation that aims to clarify, streamline, and modernize the California
Environmental Quality Act (CEQA).
Support unique solutions and partnerships to collectively address and respond to natural
disasters such as wildfires, including the continued use and expansion of Heli-Hydrants and
emergency generators.
Support policies and legislation that help fund the cleanup and removal of PFAS/PFOA
contaminants from groundwater supplies.
Support polluter-pays principles when assigning responsibility for the contamination and
cleanup of environmentally destructive substances.
Support legislation or regulations that discourage the flushing of wipes or other foreign
substances through the sewer system, unless they meet certain performance standards.
Oppose assigning superfund liability to water districts who treat water to remove PFAS.
Energy
Oppose legislation that increases the cost of electricity or other utilities for YLWD.
Support legislation and policies that recognize hydroelectric power as a clean, renewable
energy source and that its generation and use meet the greenhouse gas emission
Page 47 of 132
2023 Legislative Platform
Draft for Approval
4
reduction compliance requirements called for in the Global Warming Solutions Act of 2006
(AB 32) and subsequent related legislation.
Monitor and support any legislative development that would provide relief for the use of
diesel emergency power generators during State of Emergency events affecting the local
electrical utility.
Oppose the removal of natural gas as a viable energy source.
Fiscal
Support the development of bond or general fund programs for water supply
development, including new surface and groundwater storage, water quality, recycled
water, desalination, and water use efficiency related programs.
Oppose legislation that places unnecessary or unfair regulations on pension liabilities.
Support an equitable approach to the disbursement of State Revolving Fund revenues for
a wide variety of projects.
Oppose legislation and regulations that tax water as a public goods charge and
redistributes the revenue throughout the State.
Support state and federal revenue sources for water infrastructure projects that address
water quality and reliability issues for disadvantaged and income-limited communities and
residents that are not based upon regressive taxes.
Support the protection of local revenue for use by special districts and the maintenance
of reserve accounts of water agencies.
Support efforts that seek to bring federal sources of funding to California for water
infrastructure development and water management.
Local Control
Oppose legislation that seeks to diminish or alter the authority of the Board of Directors to
manage the District’s water systems or operations, impose unreasonable unfunded state
mandated programs, or increase fees or taxes on YLWD customers.
Oppose legislation that would degrade YLWD’s authority in the area of public contracts,
procurement, financial administration, public records, and human resources.
Oppose legislation that would dissolve YLWD or transfer its duties to other agencies.
Oppose legislation that would affect YLWD’s ability to protect and secure critical
infrastructure from cyber or physical threats and damages.
Oppose legislation that places mandates, or otherwise modifies the governance structure
of special districts, joint powers authorities, or other local government entities.
Support legislation that eliminates regulations between employees and employers that
place undue fiscal harm on special districts.
Oppose legislation that mandates additional duties upon special districts to facilitate
public meetings or transparency without cause or funding.
Oppose legislation that prevents water agencies from recovering sufficient revenues from
connection and capacity fees and oppose legislation that restricts the ability of agencies
to charge fees for services.
Other
Monitor legislation that would change or expand current prevailing wage requirements.
Oppose legislation that creates additional water agencies within or inclusive of the YLWD
service area outside of the LAFCO process, or without the support of residents and local
public agencies.
Page 48 of 132
ITEM NO. 8.4.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Alison Martin, Public Affairs Manager
SUBJECT: Status of Communications Activities
RECOMMENDATION:
That the Board of Directors receive and file the monthly communications activities report.
STRATEGIC PLAN INITIATIVES:
G1 5D - Engage public to address issues with their representatives and maintain community
partnerships with cities and organizations.; G4 1A - Provide timely communication, messaging, and
strategies.; G4 1B - Establish annual tour of District facilities for the community to coincide with
Water Awareness Month.; G4 2A - Update District website frequently.; G4 2B - Publish annual report
and infographics; include water usage, cost, reconciliation, investments, projects, etc.; G4 2C -
Design and include informative bill inserts.; G4 2D - Communicate emerging water quality and sewer
issues/regulations.
ATTACHMENTS:
1. Communications Lab Monthly Report
Page 49 of 132
October Activity Report–Update
TO:Alison Martin, Public Affairs Manager, PIO, Yorba Linda Water District
FROM:Diego Terán, Sr. Account Manager, Communications LAB
DATE: Oct. 25, 2022
RE: Current communications projects-including update from Oct. 22 Annual Open House
Below are highlights of current Communications Lab projects for Yorba Linda Water District:
Social Media
a) Agency submitted KPI report on Sep. 20. Next step: Analyze numbers compared to previous periods.
b) Agency fixed online invitation link for Annual Open House on Oct. 17.
c) Agency wrote vote center copy for district facility, and scheduled posts after client approval.
Special events–Open House
a) Agency filmed event using drone and provided video to client, which included general footage of event,
along with interviews to General Manager Toy, President Miller, and the public. Upon approval, video was
posted on Facebook, Twitter and LinkedIn on Oct. 25. Next step: Agency to provide Recap Reel on Oct. 26
b) Agency submitted eight detailed event punch lists with updated Social Media content and agency staff
before event. Next step: Evaluate event at next biweekly check in call.
c) Agency designed and delivered boards with map of event for participants along with signage to identify
stations. Additionally, agency redesigned paper map, ambassador books, water ambassador stickers, and
station numbers.
d) Agency delivered photo op signage for stations, as well as PVC signs identifying locations.
e) Agency posted two digital ads to go on social media to promote event. Video ad used “15 promo video
created by agency.
f) Agency posted Instagram live stories on day of event, based on preapproved shot list.
g) Agency provided social media copy for event, which was also approved and posted.
h) Agency delivered five A-Frames (one included two foam cores of legal copy for photo and video content,)
and six easels for various sign usage. After event, agency collected A-Frames and easels.
i) Five agency staff contributed during event at info booth, water booth, AV and social media production.
j) Agency recommended sage plants from local nursery for event, but price was prohibitive.
Page 50 of 132
ITEM NO. 8.5.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, 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 $1,851,711.12.
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 check of
$67,933.55 to City of Anaheim for September 2022 electrical services at various locations; a check of
$562,504.51 to Haaker Equipment Co. for a new vactor hydro-excavator and tools for new hydro-
excavator; a check of $79,667.00 to Pascal & Ludwig Constructors, Inc. for J2009-22 #22 well 22
equipping; a check of $69,414.12 to Resource Computer Solutions for J22-30,31,32,33,34 service
work and IT consulting.
The balance of $382,677.68 are routine invoices.
The Accounts Payable check register total is $1,162,196.86; Payroll No. 21 total is $344,283.43, and
Payroll No. 22 total is $345,230.83; where disbursements for this agenda report total is
$1,851,711.12. A summary of the disbursements is attached.
ATTACHMENTS:
1. Cap Sheet for November 15, 2022
2. Check Register for November 15, 2022
3. Credit Card for November 15, 2022
Page 51 of 132
CHECK NUMBERS:
11/15/2022 Computer Checks 80912-81016 1,162,196.86$
1,162,196.86$
1,162,196.86$
PAYROLL NO. 21:
Direct Deposits 215,168.33$
Payroll Taxes 56,558.01
EFT -- CalPERS 46,700.23
Third Party Checks 80900-80903 25,856.86
344,283.43$
PAYROLL NO. 22:
Direct Deposits 211,695.81$
Payroll Taxes 56,538.97
EFT -- CalPERS 48,572.91
Third Party Checks 80904-80911 28,423.14
345,230.83$
689,514.26$
1,851,711.12$
Summary of Disbursements
November 15, 2022
------------------------------------------------------------------------------------------------------------------
TOTAL OF CHECKS & WIRES
TOTAL OF PAYROLL
================================================================
MEETING OF NOVEMBER 15, 2022
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
================================================================
DISBURSEMENT TOTAL
Page 52 of 132
Check No.Date Vendor Name Amount Description
80912 11/15/2022 JOY MOORE 0.10 CUSTOMER REFUND
80913 11/15/2022 SCOTT KIRBY 0.06 CUSTOMER REFUND
80914 11/15/2022 Thomas Tonelli 0.69 CUSTOMER REFUND
80915 11/15/2022 KATHERINE BROWN 6.97 CUSTOMER REFUND
80916 11/15/2022 JON POLENTZ PROPERTY MANAGEMENT CO 449.79 CUSTOMER REFUND
80917 11/15/2022 JING JIANG 121.09 CUSTOMER REFUND
80918 11/15/2022 CHARLES WILSON 0.32 CUSTOMER REFUND
80919 11/15/2022 CAROL J BROOK 160.64 CUSTOMER REFUND
80920 11/15/2022 OPEN DOOR LABS INC 439.17 CUSTOMER REFUND
80921 11/15/2022 PINNACLE INTL PROPERTY SERVICES 88.92 CUSTOMER REFUND
80922 11/15/2022 DARLING ALVIDREZ 95.07 CUSTOMER REFUND
80923 11/15/2022 KARRIE BERRY 392.62 CUSTOMER REFUND
80924 11/15/2022 MAYANS DEVELOPMENT 638.40 CUSTOMER REFUND
80925 11/15/2022 KEFAN ZHU 41.41 CUSTOMER REFUND
80926 11/15/2022 INTEGRITY PLACE REALTY AND PROP MGMT 392.35 CUSTOMER REFUND
80927 11/15/2022 4 PALMS PROPERTIES LLC 129.12 CUSTOMER REFUND
80928 11/15/2022 STEPHANIE LI 34.59 CUSTOMER REFUND
80929 11/15/2022 RON HALE 86.77 CUSTOMER REFUND
80930 11/15/2022 HARVEST REALTY DEVELOPMENT 279.97 CUSTOMER REFUND
80931 11/15/2022 GCI CONSTRUCTION, INC. 2,060.00 CUSTOMER REFUND
80932 11/15/2022 FARWEST CORROSION CONTROL CO. 1,902.20 CUSTOMER REFUND
80933 11/15/2022 ACWA-Assn Of Ca Water Agencies 25,720.00 2023 ANNUAL AGENCY DUES
80934 11/15/2022 AIRGAS INC 193.75 WELDING SUPPLIES
80935 11/15/2022 Albert A. Webb Associates 3,476.75 J09-22 #22 WELL 22 PROFESSIONAL SERVICES SEPTEMBER 22
80936 11/15/2022 Alternative Hose Inc. 442.83 HOSE FOR HIGHLAND BOOSTER
80937 11/15/2022 Amazon Capital Services 23,121.59 J22-30,31,32,33,34 SECURITY MATERIALS & OFFICE SUPPLIES
80938 11/15/2022 Annie Alexander 313.39 OFFICE & MEETING SUPPLIES
80939 11/15/2022 Aqua-Metric Sales Co. 15,448.58 OPERATIONS WORK MATERIAL
80940 11/15/2022 Aramark 861.57 UNIFORM SERVICE
80941 11/15/2022 AT & T - Calnet3 1,706.45 ATT CALNET
80942 11/15/2022 A & Y Asphalt Contractors Inc. 4,621.50 CONCRETE REPAIRS
80943 11/15/2022 BASE HILL INC. 4,227.58 JANITORIAL SERVICES
80944 11/15/2022 B.L. Wallace Distributor, Inc. 3,369.34 METER LIDS
80945 11/15/2022 BrightView Tree Care Services Inc. 2,054.74 MONTHLY LANDSCAPE SERVICE
80946 11/15/2022 Caltrol Inc 1,596.36 SCADA SOFTWARE FOR WINDOWS
80947 11/15/2022 CalCard US Bank 31,641.17 CREDIT CARD TRANSACTIONS - SEPTEMBER 2022
80948 11/15/2022 CDW Government, Inc 2,420.58 INFORMACAST ANNUAL SUBSCRIPTION
80949 11/15/2022 CIPO CLOUD SOFTWARE INC 650.00 CLOUD MONTHLY SUBSCRIPTION
80950 11/15/2022 Citizen's Business Bank 4,193.00 J09-22 #22 PASCAL & LUDWIG ESCROW HOLDING
80951 11/15/2022 City Of Anaheim - Anaheim Public Utilities 67,933.55 ELECTRICAL CHARGES SEPTEMBER 2022 - VARIOUS LOCATIONS
80952 11/15/2022 Griswold Industries dba Cla-Val Co. 19,422.75 J22-41 WELL #7 CLA-VAL REPLACEMENT
80953 11/15/2022 Clinical Lab. Of San Bern. 1,560.00 WATER QUALITY LAB WORK
80954 11/15/2022 Communications Lab 10,000.00 PROFESSIONAL SERVICES AUGUST & SEPTEMBER 2022
80955 11/15/2022 CSDA 8,810.00 2023 MEMBERSHIP RENEWAL
80956 11/15/2022 Culligan of Santa Ana 9.00 EQUIPMENT PE SOFTENER
80957 11/15/2022 C. Wells Pipeline 10,113.75 OPERATIONS WORK MATERIAL
80958 11/15/2022 Danielle Logsdon 25.56 MILEAGE REIMBURSEMENT
80959 11/15/2022 Dell Financial Services LLC 369.92 DELL PRO SUPPORT & WINDOWS SERVER LICENSES 12/2022-11/2023
80960 11/15/2022 deRose Promos 39.15 ENGRAVED NAME BADGES
80961 11/15/2022 Dick's Lock & Safe Inc. 250.00 LAKEVIEW LOCK REPLACEMENT
80962 11/15/2022 Dion & Sons, Inc. 4,438.27 STATIONARY ENGINE OIL
80963 11/15/2022 Doringer Cold Saws, Inc. 184.50 COLD SAW COOLANT
80964 11/15/2022 Dunn-Edwards Corporation 82.79 PAINT SUPPLIES FOR FACILITIES
80965 11/15/2022 Eisel Enterprises, Inc. 4,122.52 VALVE BOXES
80966 11/15/2022 Elite Equipment Inc 241.63 FUEL PUMP & GENERATOR FOR UNIT #175
80967 11/15/2022 Factory Motor Parts 190.81 PARTS FOR UNIT #175
80968 11/15/2022 FedEx Office 35.20 SHIPPING EXPENSE
80969 11/15/2022 Golden Bell Products 8,721.00 MANHOLE COATING
80970 11/15/2022 Grainger 3,349.16 PART FOR UNIT #241
80971 11/15/2022 Haaker Equipment Co. 562,504.81 NEW VACTOR HYDRO-EXCAVATOR & TOOL FOR HYDRO-EXCAVATOR
80972 11/15/2022 Harrington Industrial 4,020.02 PARTS FOR AC & CL2 SYSTEM
80973 11/15/2022 Hedrick Fire Protection 550.00 FIRE ALARM INSPECTION
80974 11/15/2022 Infosend Inc. 12,150.09 BILLING & POSTAGE CUSTOMER BILL
80975 11/15/2022 Jackson's Auto Supply - Napa 1,088.52 J22-30 LITTLE CANYON MATERIAL & MECHANIC SHOP SUPPLIES
For Checks Dated: 10/25/2022 thru 11/15/2022
Yorba Linda Water District
Check Register
Page 53 of 132
80976 11/15/2022 KB Design 4,100.53 SHIRTS FOR OPERATIONS STAFF
80977 11/15/2022 Kimball Midwest 89.45 MECHANIC SHOP SUPPLIES
80978 11/15/2022 Leighton Consulting, Inc. 6,860.17 J18-28 PROFESSIONAL SERVICES SEPTEMBER 2022
80979 11/15/2022 Liebert Cassidy Whitmore 511.50 PROFESSIONAL SERVICES SEPTEMBER 2022
80980 11/15/2022 LPR-Laser Printer Repair Co 115.00 ON SITE SERVICE REPAIRS
80981 11/15/2022 Mario S. Banuelos 1,232.50 J22-41 WELL #7 WELDING WORK
80982 11/15/2022 Mc Fadden-Dale Hardware 667.51 PRODUCTION REPAIR PARTS & MECHANIC SHOP SUPPLIES
80983 11/15/2022 Measurement Control Systems, Inc 134.25 PRESSURE GAUGES
80984 11/15/2022 Michael K. Nunley & Associates 22,054.63 J21-32 PROFESSIONAL SERVICES SEPTEMBER 22
80985 11/15/2022 Municipal Water District 12,872.00 WATER LOSS CONTROL SHARED SERVICES FY22-23
80986 11/15/2022 Murcal, Inc. 368.66 STATIONARY ENGINE PARTS
80987 11/15/2022 Nickey Kard Lock Inc 8,405.04 FUEL 10/1/22-10/15/22
80988 11/15/2022 North American Recycling and Crushing, LLC 500.00 DISPOSAL OF OLD ROAD MATERIAL
80989 11/15/2022 Orange County - Tax Collector 539.76 J20-59/S VALVE BOX & MANHOLE ADJUSTMENTS
80990 11/15/2022 Orange County Water District 5,129.73 WARNER BASIN LEASE YEAR 11
80991 11/15/2022 County of Orange 137.33 J20-59/S VALVE BOX & MANHOLE ADJUSTMENTS
80992 11/15/2022 Orkin Pest Control 208.00 PEST CONTROL
80993 11/15/2022 Pascal & Ludwig Constructors, Inc 79,667.00 J09-22 #22 WELL 22 EQUIPPING
80994 11/15/2022 Plumbers Depot Inc. 1,342.65 PLUMBING EQUIPMENT
80995 11/15/2022 Linde Gas & Equipment Inc. 193.44 WELDING SUPPLIES
80996 11/15/2022 Psomas & Associates 32,094.64 J20-16S, J21-36 PROFESSIONAL SERVICES JUNE & SEPTEMBER 2022
80997 11/15/2022 Quinn Company 7,912.73 ENGINE PARTS FOR WELL #1
80998 11/15/2022 Red Wing Shoes 213.33 SAFETY BOOTS FOR STAFF
80999 11/15/2022 Resource Computer Solutions 69,414.12 J22-30,31,32,33,34 SERVICE WORK & IT CONSULTING 10/15/22-11/14/22
81000 11/15/2022 Security Solutions 8,825.00 J21-39 BRYANT RANCH SECURITY WORK
81001 11/15/2022 Shred Confidential, Inc. 79.88 MONTHLY SHRED SERVICE
81002 11/15/2022 Southern California Fleet Services, Inc 5,448.16 REPAIR WORK FOR UNIT #197
81003 11/15/2022 Staples Business Advantage 432.36 OFFICE SUPPLIES
81004 11/15/2022 Sunrise Medical Group 1,100.00 FLU SHOTS & EMPLOYEE PHYSICALS
81005 11/15/2022 Titus Industrial Group 2,932.79 MANHOLE LID FOR PRODUCTION
81006 11/15/2022 Titan Water Technology Inc 295.00 QUARTERLY AC SERVICE
81007 11/15/2022 Townsend Public Affairs, Inc. 12,500.00 CONSULTING SERVICES - JULY, AUGUST & SEPTEMBER 2022
81008 11/15/2022 TruGrit Traction Inc 2,135.96 SEWER CAMERA PARTS
81009 11/15/2022 United Industries 1,520.08 OPERATIONS PPE
81010 11/15/2022 United Water Works, Inc. 9,461.10 OPERATIONS WORK MATERIAL
81011 11/15/2022 Vision Service Plan 2,545.06 VISION SERVICE PLAN - NOVEMBER 2022
81012 11/15/2022 Walters Wholesale Electric Co. 199.77 FACILITIES ELECTRICAL SUPPLIES
81013 11/15/2022 West Coast Batteries Inc 632.64 BATTERIES FOR VARIOUS UNITS
81014 11/15/2022 YO Fire 4,575.98 OPERATIONS WORK MATERIAL
81015 11/15/2022 Konica Minolta Business 438.68 COPY CHARGES FOR C258 & C558
81016 11/15/2022 Safety-Kleen Systems Inc 715.00 HAZARDOUS MATERIAL DISPOSAL
1,162,193.86
10/13/2022 PAYROLL - EMPLOYEE DIRECT DEPOSIT 215,168.33
10/13/2022 PAYROLL - PAYROLL TAX PAYMENT 56,558.01
10/13/2022 PAYROLL - CALPERS & TASC 46,700.23
80900 10/13/2022 California State Disbursement Unit 751.84
80901 10/13/2022 Colonial Life & Accident 86.73
80902 10/13/2022 Lincoln Financial Group 3,623.91
80903 10/13/2022 Nationwide Retirement Solutions 21,394.38 *ask maggie
344,283.43
10/27/2022 PAYROLL - EMPLOYEE DIRECT DEPOSIT 211,695.81
10/27/2022 PAYROLL - PAYROLL TAX PAYMENT 56,538.97
10/27/2022 PAYROLL - CALPERS & TASC 48,572.91
80904 10/27/2022 Allstate 932.12
80905 10/27/2022 Ameritas 1,395.15
80906 10/27/2022 California State Disbursement Unit 751.84
80907 10/27/2022 Colonial Life & Accident 86.73
80908 10/27/2022 Lincoln Financial Group 3,623.91
80909 10/27/2022 Midland Life Insurance 200.00
80910 10/27/2022 Nationwide Retirement Solutions 21,394.38
80911 10/27/2022 Reliance Plan Insurance 39.01
345,230.83
Payroll Checks #21
Payroll Checks #22
Page 54 of 132
Vendor Name Amount Description
ZOOM 84.97 VIRTUAL MEETING SUBSCRIPTION
Government Finance Officers 129.00 GAAFR - NEW EDITION
Government Finance Officers 135.00 ANNUAL GAAP WEBINAR
Chefs Toys 404.56 SHELVING FOR BUILDING 2
Fish In A Bottle 84.23 LUNCH MEETING - 2 ATTEND
KB Design 19.93 WORK COAT EMBROIDERY
Home Depot 17.20 SOD FOR LANDSCAPE REPAIR
Home Depot 17.20 SOD FOR LANDSCAPE REPAIR
BOARD FOR PROFESSIONAL ENNEERS & LAND SURVEYORS180.00 PE LICENSE RENEWAL - AFSHAR, R
City Of Anaheim - Anaheim Public Utilities 200.00 J21-02 BNSF WATERLINE PERMIT
DocuSign, Inc.2,028.60 E-SIGNATURE SOFTWARE SUBSCRIPTION
Verizon Wireless 5,144.98 VERIZON 7/21-8/20
American Society of Civil Engineers (ASCE)145.00 ASCE AWARDS REGISTRATION - WESTON, R & LOGSDON, D
Byblos Mediterranean Grill 63.76 LUNCH MEETING - 2 ATTEND
Home Depot 114.70 TOOLS FOR FACILITIES
ACWA/JPIA 35.00 HR GROUP MEETING REGISTRATION - KNIGHT, G
ACWA/JPIA 35.00 HR GROUP MEETING REGISTRATION - LIM, V
Donut Star 29.00 SAFETY MEETING SUPPLIES
Orvac Electronics 40.92 SCADA REPAIR MATERIAL
Costco 44.58 BREAKROOM SUPPLIES
KENNYS DONUTS 137.40 SAFETY MEETING SUPPLIES
Alternative Hose Inc.1,232.62 HIGH PRESSURE HOSE FOR UNIT #215
Home Depot 92.81 J21-39 BRYANT RANCH MATERIALS
Schorr Metals, Inc.2.38 J21-39 BRYANT RANCH GATE LATCH
Home Depot 586.20 CLEANING SUPPLIES & OPERATIONS TOOLS
The Art of Carving Ice, Inc.201.62 BAGGED ICE FOR EVENT
THE SACRAMENTO BEE 263.99 DIGITAL MEDIA SUBSCRIPTION - KNIGHT, G
Time Warner Cable 659.58 INTERNET & DISTRICT TV SERVICES
Amazon Capital Services 16.29 OFFICE SUPPLIES
SMARTSHEET 19.00 MONTHLY SOFTWARE SUBSCRIPTION
Home Depot 86.14 FACILITIES ELECTRICAL SUPPLIES
Home Depot 21.52 TOOL FOR UNIT #235
Amazon Capital Services 40.23 OFFICE SUPPLIES
ONLINE Information Services, Inc.562.72 ONLINE UTILITY EXCHANGE & COLLECTION
ONLINE Information Services, Inc.17.82 ONLINE UTILITY EXCHANGE & COLLECTION
Republic Services #676 919.37 DISPOSAL SERVICE
ACWA/JPIA 35.00 HR GROUP MEETING REGISTRATION - SEGURA, J
Liebert Cassidy Whitmore 1,425.00 LABOR RELATIONS CERTIFICATION PROGRAM - SEGURA, J
Baran Restaurant 62.88 LUNCH MEETING - 2 ATTEND
Amazon Capital Services 237.06 OFFICE SUPPLIES
Adobe 54.99 SOFTWARE LICENSE
Government Finance Officers 345.00 BAP SUBMISSION FEE
CRS, Inc 713.89 LADDER SAFETY POST
Americoat Powder Coating 265.20 J21-39 SANDBLAST & POWDER COAT GATE FRAME
Sams Club 48.91 SUPPLIES FOR RECEPTION
Stefano's Golden Baked Hams 37.77 LUNCH MEETING - 2 ATTEND
Mimis Cafe 55.03 BREAKFAST MEETING - 2 ATTEND
Kleen-Rite 688.04 PUMPS FOR CAR WASH
Buffer, Inc 24.00 SOCIAL MEDIA MANAGEMENT TOOL
Bitwarden Inc.180.00 PASSWORD PROGRAM
Big Top Rentals 186.55 TABLE RENTAL FOR RECEPTION
Sams Club 50.89 SUPPLIES FOR RECEPTION
Chipotle Mexican Grill 54.97 NEW HIRE LUNCH - 3 ATTEND
Home Depot 670.33 CONCRETE PALLETS
Minuteman Press 59.26 BUSINESS CARDS FOR STAFF
Orange County Water Assn.360.00 2022 OPERATOR EXPO REGISTRATION - 8 ATTEND
Calif Special Districts Assn 175.00 VIRTUAL WORKSHOP REGISTRATION - TOY, M
Cosmic Dave's Subs 15.58 TRAINING CLASS MEAL - LUGO, D
Sticker Mule, LLC 135.75 EMPLOYEE SERVICE RECOGNITION
Village Nurseries 117.46 SOD FOR LANDSCAPE REPAIR
Home Depot 19.56 FACILITIES ELECTRICAL SUPPLIES
Kabuto Sushi & Grill 19.51 TRAINING CLASS MEAL - LUGO, D
Doubletree Resort 227.90 TRAINING LODGING - LUGO, D
Fleet Services, Inc 189.10 LIGHTS FOR UNIT #210
Home Depot 258.69 BUILDING REPAIR PARTS
15-Nov-22
Cal Card Credit Card
U S Bank
Page 55 of 132
Costco 413.06 BREAKROOM SUPPLIES
Anaheim Convention Center 20.00 AUTO SHOW EVENT PARKING - OJEDA, F
OC Auto Show 15.00 AUTO SHOW EVENT - OJEDA, F
Home Depot 90.94 TOOLS FOR SEWER TRUCKS
Staples Business Advantage 41.66 OFFICE SUPPLIES
Time Warner Cable 226.48 INTERNET & DISTRICT TV SERVICES
Home Depot 385.44 BOOM LIFT RENTAL FEE
Costco 454.89 WATER PROFESSIONALS WEEK SUPPLIES
That's Great News 298.82 PLAQUE FOR PFAS PLANT
Staples Business Advantage 160.98 OFFICE SUPPLIES
Farmer Boys 64.23 FOOD FOR STAFF WORKING OT
GSE 76 24.59 DRINKS FOR STAFF WORKING OT
John Wayne Airport 40.00 PARKING - MWDOC INSPECTION TOUR - TOY, M
Government Tax Seminar, LLC 1,338.75 GOVERNMENT TAX SEMINAR - 3 ATTEND
Cal Society-Municipal Finance Officers 110.00 MEMBERSHIP DUES - PHUONG, S
IN-N-OUT RESTAURANTS 30.00 HEALTH & BENEFITS FAIR SUPPLIES
PORKY'S PIZZA 336.51 LUNCH FOR WATER PROFESSIONALS WEEK
Fleet Services, Inc 40.15 OIL FILL CAP FOR UNIT #230
Home Depot 58.52 FACILITIES PLUMBING SUPPLIES
Anixter Inc.142.87 RADIO TRANSMITTERS
Cal Society-Municipal Finance Officers 470.00 MEMBERSHIP DUES - PHUONG, S
Southwest Airlines 49.22 CONFERENCE TRAVEL EXPENSE - PHUONG, S
Home Depot 137.92 EPOXY FOR CONCRETE REPAIR
Alliant Insurance Services, Inc.290.00 EVENT INSURANCE - HEALTH & BENEFITS FAIR
Stater Bros. Markets 165.34 WATER PROFESSIONALS WEEK SUPPLIES
North American Recycling and Crushing, LLC 70.04 WATER PROFESSIONALS WEEK SUPPLIES
Avenue of the Arts Wyndham Hotel 8.00 PARKING - JPIA LEADERSHIP COURSE - MARTIN, A
Corner Bakery 1,567.82 LUNCH FOR HEALTH & BENEFITS FAIR
Smart & Final 35.75 WATER PROFESSIONALS WEEK SUPPLIES
Smart & Final 198.53 WATER PROFESSIONALS WEEK SUPPLIES
El Farolito 154.15 WATER PROFESSIONALS WEEK SUPPLIES
Francisco Meat Co 310.91 WATER PROFESSIONALS WEEK SUPPLIES
Stater Bros. Markets 12.75 WATER PROFESSIONALS WEEK SUPPLIES
Stater Bros. Markets 41.25 WATER PROFESSIONALS WEEK SUPPLIES
One Source Distributors, LLC 478.52 SCADA REPAIR MATERIAL
Avenue of the Arts Wyndham Hotel 8.00 PARKING - JPIA LEADERSHIP COURSE - WESTON, R
Time Warner Cable 232.11 INTERNET & DISTRICT TV SERVICES
Southwest Airlines 200.96 CONFERENCE TRAVEL EXPENSE - PHUONG, S
Sake Sushi and Grill 96.28 FINANCE LUNCH MEETING - 4 ATTEND
Automationdirect.com, Inc.72.86 SCADA MOUNTING BRACKETS
Avenue of the Arts Wyndham Hotel 8.00 PARKING - JPIA LEADERSHIP COURSE - WESTON, R
Time Warner Cable 2,038.04 INTERNET & DISTRICT TV SERVICES
Home Depot 122.00 BUILDING REPAIR PARTS
APPLE 0.99 OFFICE EXPENSE
Schorr Metals, Inc.52.20 METAL TUBING FOR UNIT #242
31,641.17
Page 56 of 132
ITEM NO. 8.6.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Delia Lugo, Finance Manager
SUBJECT: Unaudited Financial Statements for First Quarter of Fiscal Year 2022-23
RECOMMENDATION:
That the Board of Directors receive and file the Unaudited Financial Statements for the First Quarter
of Fiscal Year 2022-23.
BACKGROUND:
For the period, ending September 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
ProForma Use of Funds Statement, Consolidated Budget to Actual Statement, as well as the
individual Water and Sewer Budget to Actual Statements.
As reported in the Balance Sheet of the Statement of Net Position, the District’s Net Position reflects
a positive result when compared to that of the same reporting period of the prior fiscal year by
approximately $2.3 million. This is prominently due to a decrease in operating costs resulting from
the District returning to its traditional operating plan of utilizing groundwater as the primary resource
to meet the demand on the water system.
Cumulative Volumetric Water Revenue, as reported through the Period Ending September 30, 2022,
reflects an average decrease in customer consumption of approximately 1% as compared to prior
year for the same reporting period.
Total Variable Water Costs results reflect a 31% decrease when compared to prior year for the same
reporting period.
With the issuance of the Refunding Revenue Bonds, Series 2017A and Series 2022A the District
covenanted “…to fix, prescribe and collect rates and charges for Water Service which will be at least
sufficient to yield during each Fiscal Year, Net Revenues equal to 125% of the Debit Service for such
Fiscal Year.” To confirm the covenant is upheld, staff calculates the Debt Service Ratio quarterly and
is received and filed by the Board of Directors. Accordingly, the “unaudited” Debt Service Ratio
Calculation of the Water Enterprise for the Period Ending September 30, 2022, being reported at
243%.
ATTACHMENTS:
1. Unaudited Financial Statements for 1st Qtr
Page 57 of 132
ASSETS September 2022 September 2021
CURRENT ASSETS:
Cash and cash equivalents 69,356,999$ 34,325,667$
Investment 1,086,365 3,423,643
Accounts receivable - water and sewer services 5,932,638 5,470,373
Accrued interest receivable 11,821 10,541
Prepaid expenses & other deposits 1,262,768 1,359,591
Inventory 457,241 449,358
TOTAL CURRENT ASSETS 78,107,832 45,039,173
NONCURRENT ASSETS:
Bond issuance costs - 294,858
Righ-To-Use Lease Asset 195,746 -
Deferred Pension Plan 2,458,386 2,142,350
Deferred OPEB Plan 520,402 594,377
Capital assets:
Non-depreciable 9,661,415 4,019,508
Depreciable, net of accumulated depreciation 176,955,890 179,150,962
TOTAL NONCURRENT ASSETS 189,791,839 186,202,055
TOTAL ASSETS 267,899,671 231,241,229
LIABILITIES
CURRENT LIABILITIES:
Accounts payable 2,963,307 5,639,771
Accrued expenses 2,698,059 9,164
Accrued interest payable 256,567
Refunding Revenue Bond(s) - current portion 480,000 1,350,000
Compensated absences 485,106 502,394
Net OPEB Obligation 5,257 4,488
Customer and construction deposits 2,537,015 1,150,663
Deferred revenue 15,776 73,378
TOTAL CURRENT LIABILITIES 9,441,087 8,729,858
LONG-TERM LIABILITIES (LESS CURRENT PORTION):
Deferred annexation revenue 11,504,034 11,999,079
Compensated absences 1,455,318 1,507,183
Net Pension Liability 5,595,057 10,323,992
Net OPEB Liability 512,845 1,203,767
Deferred Pension Plan 5,355,890 80,778
Deferred OPEB Plan 749,701 304,828
Deferred Inflow - Gain on Bond 310,943 86,612
Deferred Inflow - Lease & Lease Liability 306,648
Refunding Revenue Bond(s) 62,322,874 33,245,133
Line of Credit 5,743,751 1,443,751
TOTAL LONG TERM LIABILITIES (LESS
CURRENT PORTION) 93,857,061 60,195,123
TOTAL LIABILITIES 103,298,148 68,924,981
NET ASSETS: 164,601,523$ 162,316,248$
YORBA LINDA WATER DISTRICT
UNAUDITED COMBINING SCHEDULE OF NET ASSETS
September 30, 2022
(With September 30, 2021 Actuals for comparison only)
Page 58 of 132
September 2022 September 2021
OPERATING REVENUES:
Water sales 10,356,243$ 10,466,486$
Sewer revenues 768,304 713,393
Other operating revenues 430,293 272,574
TOTAL OPERATING REVENUES 11,554,840 11,452,453
OPERATING EXPENSES
Variable water costs 4,908,630 7,092,056
Personnel services 2,815,660 2,609,952
Supplies and services 1,867,580 1,183,899
Depreciation and amortization - 2,192,412
TOTAL OPERATING EXPENSES 9,591,870 13,078,319
OPERATING INCOME/(LOSS) 1,962,970 (1,625,866)
NONOPERATING REVENUES (EXPENSES):
Property taxes 37,640 38,912
Investment income 42,429 12,327
Interest expense (502,012) (319,791)
Other nonoperating revenues 580,898 140,703
Other nonoperating expenses (303,542) (24,588)
TOTAL NONOPERATING REVENUES/EXPENSES (144,587) (152,437)
NET INCOME/(LOSS) BEFORE CAPITAL
CONTRIBUTIONS, SPECIAL/EXTRAORDINARY ITEM(S) 1,818,383 (1,778,303)
CAPITAL CONTRIBUTIONS - -
CHANGES IN NET ASSETS 1,818,383 (1,778,303)
NET ASSETS - BEGINNING OF YEAR 162,783,140 164,094,551
NET ASSETS - FOR PERIOD END SEPTEMBER 30, 2022 164,601,523$ 162,316,248$
YORBA LINDA WATER DISTRICT
UNAUDITED COMBINING SCHEDULE OF REVENUES, EXPENSES
AND CHANGES IN NET ASSETS
September 30, 2022
(With September 30, 2021 Actuals for comparison only)
Page 59 of 132
YTD Debt Prior YTD PY Debt
Actual Service Actual Service
FY22 Calculation FY21 Calculation
Revenue (Operating):
Water Revenue (Residential) 4,942,976$ 4,942,976$ 4,937,649$ 4,937,649$
Water Revenue (Commercial & Fire Det.) 487,757 487,757 485,121 485,121
Water Revenue (Landscape/Irrigation) 1,341,468 1,341,468 1,375,930 1,375,930
Water Revenue (Service Charge) 3,579,896 3,579,896 3,223,172 3,223,172
Water Revenue (PFAS Impact Fee) - - 444,614 444,614
Water Revenue (Capital Finance Charge) 4,146 4,146
Other Operating Revenue 389,734 389,734 231,532 231,532
Total Operating Revenue:10,745,977 10,745,977 10,698,018 10,698,018
Revenue (Non-Operating):
Interest 20,507 20,507 4,792 4,792
Property Tax 37,640 37,640 38,912 38,912
Other Non-Operating Revenue 520,250 520,250 125,903 125,903
Total Non-Operating Revenue:578,397 578,397 169,607 169,607
Total Revenue 11,324,374 11,324,374 10,867,625 10,867,625
Expenses (Operating):
Variable Water Costs (G.W., Import & Power) 4,908,628 4,908,628 7,092,056 7,092,056
Salary Related Expenses 2,383,302 2,383,302 2,239,269 2,239,269
Supplies & Services 1,619,206 1,619,206 1,011,907 1,011,907
Depreciation 1,596,945 - 1,820,709 -
Total Operating Expenses 10,508,081 8,911,136 12,163,941 10,343,232
Expenses (Non-Operating):
Interest on Long Term Debt 502,012 - 319,791 -
Other Expense 268,130 268,130 24,588 24,588
Total Non-Operating Expenses:770,142 268,130 344,379 24,588
Total Expenses 11,278,223 9,179,266 12,508,320 10,367,820
Net Position Before Capital
Contributions/Special Items 46,151 2,145,108 (1,640,695) 499,805
Special Item - Conservation Credit - - - -
Transfers (To)/From - - - -
Capital Contributions (Non-Cash Transaction - - - - -
GASB 34 Compliant)
Net Position 46,151$ 2,145,108$ (1,640,695)$ 499,805$
DEBT SERVICE RATIO CALCULATION:
Net Revenues 2,145,108$ 499,805$
Debt Service 883,297$ 682,230$
%243% 73%
Yorba Linda Water District
Unaudited Water Enterprise Debt Service Ratio Calculation
For Period Ending September 30, 2022
(With September 30, 2021 for comparison purposes)
Page 60 of 132
Yorba Linda Water District
Summary Financial Report
Water & Sewer Funds
For Period Ending September 30, 2022
Annual YTD Sept YTD YTD Actual Prior Year Prior Year YTD Actual YTD Actual
Budget Budget Actual Actual (Under) Over Sept Actual Actual (thru vs vs
FY23 FY23 FY23 FY23 YTD Budget FY22 September 2021) PY Actual $ PY Actual %
Revenue (Operating):
Water Revenue (Residential) $16,933,387 $4,233,347 $2,008,278 4,942,976$ 709,629$ $1,817,270 $4,937,649 5,327 0.11%
Water Revenue (Commercial & Fire Det.) 1,737,255 $434,314 195,041 487,757 53,443 178,083 485,121 2,636 0.54%
Water Revenue (Landscape/Irrigation) 4,046,832 $1,011,708 546,221 1,341,468 329,760 511,999 1,375,930 (34,462) -2.50%
Water Revenue (Service Charge) 14,720,797 $3,680,199 1,228,905 3,579,896 (100,303) 1,126,445 3,223,172 356,724 11.07%
Water Revenue (PFAS Impact Fee) - - - - - 148,366 444,614 (444,614) 100.00%
Property Taxes - CFC Charges 3,103,900 - 2,600 4,146 4,146 - - 4,146 100.00%
Sewer Charge Revenue 3,115,771 $778,943 268,018 767,924 (11,019) 262,543 710,278 57,646 8.12%
Locke Ranch Assessments 363,158 - 253 381 381 2,719 3,115 (2,734)
Other Operating Revenue 1,287,829 321,957 140,021 430,293 108,336 73,881 272,574 157,719 57.86%
Total Operating Revenue: 45,308,929 10,460,468 4,389,337 11,554,841 1,094,373 4,121,306 11,452,453 102,388 0.89%
Revenue (Non-Operating):
Interest 106,925 26,731 28,309 42,428 15,697 4,393 12,328 30,100 244.16%
Property Tax 2,095,000 - 33,269 37,639 37,639 35,545 38,912 (1,273)
Other Non-Operating Revenue 692,942 173,236 (27,720) 580,898 407,663 2,551 140,703 440,195 312.85%
Total Non-Operating Revenue: 2,894,867 199,967 33,858 660,965 460,999 42,489 191,943 469,022 244.35%
Total Revenue 48,203,796 10,660,435 4,423,196 12,215,806 1,555,372 4,163,795 11,644,396 571,410 4.91%
Expenses (Operating):11,353
Variable Water Costs (G.W., Import & Powe 17,686,074 4,421,519 1,586,478 4,908,629 487,111 2,240,006 7,092,056 (2,183,427) -30.79%
Salary Related Expenses 13,231,809 2,035,663 1,311,408 2,815,659 779,996 1,300,055 2,609,952 205,707 7.88%
Supplies & Services 9,258,295 2,303,157 760,149 1,867,578 (435,579) 351,338 1,183,900 683,678 57.75%
Total Operating Expenses 40,176,178 8,760,338 3,658,035 9,591,866 831,528 3,891,399 10,885,908 (1,294,042) -11.89%
Expenses (Non-Operating):
Interest on Long Term Debt 2,436,750 609,188 196,469 502,012 (107,176) 106,508 319,791 182,222 56.98%
Other Expense 18,135 4,534 (11,448) 303,539 299,005 4,597 24,588 278,951 1134.50%
Total Non-Operating Expenses: 2,454,885 613,721 185,021 805,551 191,830 111,105 344,379 461,173 133.91%
Total Expenses 42,631,063 9,374,059 3,843,056 10,397,418 1,023,358 4,002,504 11,230,287 (832,870) -7.42%
Net Position Before Capital Contributions 5,572,733 1,286,375 580,140 1,818,389 532,014 161,291 414,110 1,404,279 339.11%
Capital Contributions (Non-Cash - - - - - - -
Transaction GASB 34 Compliant)
Net Position Before Depreciation 5,572,733 1,286,375 580,140 1,818,389 532,014 161,291 414,110 1,404,279 339.11%
Depreciation & Amortization 9,500,000 2,375,000 657,696 1,973,089 (401,911) 730,804 2,192,412 (219,323) -10.00%
Total Net Position ($3,927,267) ($1,088,625) (77,556) (154,701) $933,925 ($569,513) ($1,778,303) $1,623,602 -91.30%
(With September 30, 2021 for comparison purposes)
Page 61 of 132
Annual YTD Sept YTD YTD Actual Prior Year Prior YTD YTD Actual YTD - CUR
Budget Budget Actual Actual (Under)Over Actual Sept Actual (thru vs vs
FY23 FY23 FY23 FY23 YTD Budget FY22 September 2021) PY Actual $ PY Actual %
Revenue (Operating):
Water Revenue (Residential) 16,933,387$ $4,233,347 2,008,278$ 4,942,976$ 709,629$ 1,817,270$ 4,937,649$ 5,327$ 0.11%
Water Revenue (Commercial & Fire Det.) 1,737,255 434,314 195,041 487,757 53,443 178,083 485,121 2,636 0.54%
Water Revenue (Landscape/Irrigation) 4,046,832 1,011,708 546,221 1,341,468 329,760 511,999 1,375,930 (34,462) -2.50%
Water Revenue (Service Charge) 14,720,797 3,680,199 1,228,905 3,579,896 (100,303) 1,126,445 3,223,172 356,724 11.07%
Water Revenue (PFAS Impact Fee) - - - - - 148,366 444,614 (444,614) 100.00%
Water Revenue (CFC) 3,103,900 - 2,600 4,146 4,146 - - 4,146
Other Operating Revenue 1,171,574 292,894 132,493 389,734 96,841 72,710 231,532 158,202 68.33%
Total Operating Revenue: 41,713,745 $9,652,461 4,113,538 10,745,977 1,093,516 3,854,873 10,698,018 47,959 0.45%
Revenue (Non-Operating):
Interest 70,200 17,550 23,075 20,507 2,957 1,969 4,792 15,715 327.94%
Property Tax 2,095,000 - 33,269 37,640 37,640 35,545 38,912 (1,272)
Other Non-Operating Revenue 659,672 164,918 (21,604) 520,250 355,332 9,356 125,903 394,347 313.21%
Total Non-Operating Revenue: 2,824,872 182,468 34,740 578,397 395,929 46,870 169,607 408,790 241.02%
Total Revenue 44,538,617 9,834,929 4,148,279 11,324,374 1,489,444 3,901,743 10,867,625 456,749 4.20%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power) 17,686,074 4,421,519 1,586,478 4,908,628 487,110 2,240,006 7,092,056 (2,183,428) -30.79%
Salary Related Expenses 11,359,392 1,747,599 1,112,338 2,383,302 635,703 1,118,342 2,239,269 144,033 6.43%
Supplies & Services:
Communications 166,307 41,577 7,541 77,038 35,461 6,725 30,971 46,067 148.74%
Contractual Services 541,358 135,340 78,002 166,827 31,488 32,953 110,521 56,306 50.95%
Data Processing 361,462 90,366 41,671 89,499 (867) 19,502 33,350 56,149 168.36%
Dues & Memberships 82,932 20,733 2,602 10,969 (9,764) 2,364 19,199 (8,230) -42.87%
Fees & Permits 416,062 104,016 28,832 67,083 (36,933) 29,284 74,749 (7,666) -10.26%
Board Election 116,450 - - - - - - - 0.00%
Insurance 369,402 92,351 22,600 68,175 (24,176) 19,434 63,975 4,200 6.57%
Materials 2,313,020 578,255 84,202 291,638 (286,617) 48,912 168,626 123,012 72.95%
District Activities, Emp Recognition 38,677 9,669 3,042 7,356 (2,313) 1,622 4,176 3,180 76.15%
Maintenance 1,122,055 280,514 228,205 313,756 33,242 24,321 159,405 154,351 96.83%
Non-Capital Equipment 151,105 37,776 11,671 48,003 10,227 9,956 24,715 23,288 94.23%
Office Expense 35,956 8,989 4,085 8,761 (228) 3,282 6,958 1,803 25.91%
Professional Services 1,560,430 390,108 76,540 206,804 (183,304) 66,691 213,703 (6,899) -3.23%
Training 69,748 17,437 462 10,500 (6,937) 350 2,167 8,333 384.54%
Travel & Conferences 85,199 21,300 4,458 6,168 (15,132) 2,205 2,047 4,121 0.00%
Uncollectible Accounts 8,500 2,125 (37) 4,144 2,019 (12) 873 3,271 374.68%
Utilities 190,400 47,600 3,446 13,478 (34,122) 13,318 40,542 (27,064) -66.76%
Vehicle Equipment 473,350 118,338 45,814 229,007 110,670 19,506 55,930 173,078 309.46%
Supplies & Services Sub-Total 8,102,413 1,996,491 643,136 1,619,206 (377,285) 300,413 1,011,907 607,299 60.02%
Total Operating Expenses 37,147,879 8,165,608 3,341,952 8,911,136 745,528 3,658,761 10,343,232 (1,432,096) -13.85%
Expenses (Non-Operating):
Interest on Long Term Debt 2,436,750 609,188 196,469 502,012 (107,176) 106,508 319,791 182,221 56.98%
Other Expense 12,350 3,088 (11,448) 268,130 265,043 4,597 24,588 243,542 990.49%
Total Non-Operating Expenses: 2,449,100 612,275 185,021 770,142 157,867 111,105 344,379 425,763 123.63%
Total Expenses 39,596,979 8,777,883 3,526,973 9,681,278 903,395 3,769,866 10,687,611 (1,006,333) -9.42%
Net Position Before Capital Contributions 4,941,638 1,057,046 621,306 1,643,096 586,049 131,877 180,014 1,463,081 812.76%
Capital Contributions (Non-Cash Transaction - - - - - - - - - -
GASB 34 Compliant)
Net Position Before Depreciation 4,941,638 1,057,046 621,306 1,643,096 586,049 131,877 180,014 1,463,081 812.76%
Depreciation & Amortization 8,005,000 2,001,250 532,315 1,596,945 (404,305) 606,903 1,820,709 (223,764) -12.29%
Total Net Position (3,063,362)$ (944,204)$ 88,991$ 46,151 990,354$ (475,026)$ (1,640,695)$ 1,686,845$ -102.81%
Yorba Linda Water District
Water Fund
For Period Ending September 30, 2022
(With September 30, 2021 for comparison purposes)
Page 62 of 132
$9,181,734
$9,628,327
$10,047,564 $9,897,568
$10,867,625
$11,324,374
4.20%
$7,593,409 $7,502,195
$8,067,575 $7,909,321 $7,909,321
$10,687,611
$9,681,278
‐9.42%
$‐
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
Sept. 2016 Sept. 2017 Sept. 2018 Sept. 2019 Sept. 2020 Sept. 2021 Sept. 2022
Water Revenues & Expenses ‐September
(excludes Depreciation, Special Items, and Contributed Capital )
Total Revenue Total Expenses
Page 63 of 132
Annual YTD Sept YTD YTD Actual Prior Year Prior Year YTD Actual YTD - CUR
Budget Budget Actual Actual (Under)Over Actual Sept Actual (thru vs vs
FY23 FY23 FY23 FY23 YTD Budget FY22 September 2021) PY Actual $ PY Actual %
Revenue (Operating):
Sewer Charge Revenue $3,115,771 $778,943 $268,018 767,924$ ($11,019) $262,543 $710,278 $57,646 8.12%
Locke Ranch Assessments 363,158 - 253 381 381 2,719 3,115 (2,734) 0.00%
Other Operating Revenue 116,255 29,064 7,529 40,559 11,495 1,171 41,042 (483) -1.18%
Total Operating Revenue: 3,595,184 808,007 275,800 808,864 858 266,433 754,435 54,429 7.21%
Revenue (Non-Operating):
Interest 36,725 9,181 5,235 21,922 12,741 2,424 7,535 14,387 190.94%
Other Non-Operating Revenue 33,270 8,318 (6,115) 60,649 52,332 (6,805) 14,800 45,849 309.79%
Total Non-Operating Revenue: 69,995 17,499 (880) 82,571 65,072 (4,381) 22,335 60,236 269.69%
Total Revenue 3,665,179 825,505 274,920 891,435$ 65,930 262,052 776,770 114,665 14.76%
Expenses (Operating):
Salary Related Expenses 1,872,417 288,064 199,071 432,358 144,294 181,713 370,683 61,675 16.64%
Supplies & Services:
Communications 26,693 6,673 1,076 6,209 (464) 1,187 7,285 (1,076) -14.77%
Contractual Services 78,681 19,670 11,402 23,635 3,965 5,088 16,502 7,133 43.23%
Data Processing 55,152 13,788 6,951 14,586 798 3,442 6,185 8,401 135.83%
Dues & Memberships 14,590 3,648 459 1,936 (1,712) 417 3,388 (1,452) -42.86%
Fees & Permits 51,928 12,982 3,299 11,211 (1,771) 3,292 9,584 1,627 16.98%
Board Election 20,550 - - - - - - 0.00%
Insurance 65,188 16,297 3,988 12,030 (4,267) 3,430 11,290 740 6.55%
Materials 64,280 16,070 6,565 26,388 10,318 644 7,422 18,966 255.54%
District Activities, Emp Recognition 6,823 1,706 537 1,298 (408) 280 731 567 77.56%
Maintenance 405,845 101,461 55,393 71,100 (30,361) 11,615 28,953 42,147 0.00%
Non-Capital Equipment 60,195 15,049 8,939 19,198 4,149 4,001 7,319 11,879 162.30%
Office Expense 6,344 1,586 721 1,546 (40) 579 1,228 318 25.90%
Professional Services 168,330 42,083 11,276 31,563 (10,520) 8,510 54,175 (22,612) -41.74%
Training 13,402 3,351 157 6,864 3,514 31 508 6,356 1251.18%
Travel & Conferences 17,581 4,395 787 1,089 (3,306) 243 (540) 1,629 0.00%
Uncollectible Accounts 1,500 375 (12) 1,275 900 (2) 293 982 335.15%
Utilities 33,600 8,400 608 2,378 (6,022) 2,350 7,155 (4,777) -66.76%
Vehicle Equipment 65,200 16,300 4,870 16,069 (231) 5,821 10,514 5,555 52.83%
Supplies & Services Sub-Total 1,155,882 283,833 117,016 248,375 (35,458) 50,928 171,992 76,383 44.41%
Total Operating Expenses 3,028,299 571,897 316,087 680,733 108,836 232,641 542,675 138,058 25.44%
Expenses (Non-Operating):
Other Expense 5,785 1,446 - 35,409 33,963 - - 35,409 -
Total Non-Operating Expenses: 5,785 1,446 - 35,409 33,963 - - 35,409 -
Total Expenses 3,034,084 573,343 316,087 716,142 142,799 232,641 542,675 173,467 31.97%
Net Position Before Capital Contributions 631,095 252,162 (41,167) 175,293 (76,869) 29,411 234,095 (58,802) -25.12%
Capital Contributions (Non-Cash Transaction - - - - - - - - - -
GASB 34 Compliant)
Net Position Before Depreciation 631,095 252,162 (41,167) 175,293 (76,869) 29,411 234,095 (58,802) -25.12%
Depreciation & Amortization 1,495,000 373,750 125,381 376,144 2,394 123,901 371,703 4,441 1.19%
Total Net Position (863,905) (121,588) (166,548) (200,851) (79,263) (94,490) (137,608) (63,243) -45.96%
Yorba Linda Water District
Sewer Fund
For Period Ending September 30, 2022
(With September 30, 2021 for comparison purposes)
Page 64 of 132
$478,690
$542,272
$607,757
$670,161 $670,161
$776,770
$891,435
14.76%
$319,263 $320,218
$262,673
$311,851 $310,287
$542,675
$716,142
31.97%
$‐
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000
Sept. 2016 Sept. 2017 Sept. 2018 Sept. 2019 Sept. 2020 Sept. 2021 Sept. 2022
Sewer Revenues & Expenses ‐September
(excludes Depreciation, Special Items, and Contributed Capital)
Total Revenue Total Expenses
Page 65 of 132
ITEM NO. 8.7.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Delia Lugo, Finance Manager
SUBJECT: Cash and Investment Report for Period Ending September 30, 2022
RECOMMENDATION:
That the Board of Directors receive and file the Cash and Investment Report for the Period Ending
September 30, 2022.
BACKGROUND:
The Cash and Investment Portfolio Report presents the market value and percent yield for all District
investments by institution. The Cash and Investment Summary Report includes budget and actual
interest and average term portfolio information as well as market value broken out by reserve
categories. The Fair Value Measurement Report categorizes investments by the fair value hierarchy
established by generally accepted accounting principles. The Unrestricted Reserves and Days in
Cash Graph presents Water Unrestricted Reserve Balances and Days in Cash at a particular point in
time for the last seven years.
The average portfolio yield for the month ending September 30, 2022 is 1.3%.
The District's Total Cash and Investment balance as of September 30, 2022 resulted in an overall
decrease from that of August 31, 2022 by approximately $1 million. This is predominantly due to the
semi-annual Debt Service Principle and Interest payment of $1.6 million for the Revenue Bonds,
Series 2017A issue. The District received its first reimbursement of approximately $2.7 million in
eligible construction costs from proceeds of the recent Revenue Bonds, Series 2022A Issuance.
ATTACHMENTS:
1. Cash and Investment Report for September 2022
Page 66 of 132
Market %Date of Percent
Value Par of Total Institution Maturity Yield
Checking Account:
2,312,051$ 2,312,051$ Wells Fargo Bank
2,312,051$ 2,312,051$ 3.63% Total 0.00%
Depository Account
1,023,107$ 1,023,107 US Bank Depository Account (Cielo Vista) 0.01%
1,023,107$ 1,023,107$ 1.61% 0.01%
Money Market Accounts:
21,558,427$ 21,558,427$ US Bank (Revenue Bonds) 0.90%
4,319,514$ 4,319,514 US Bank (Money Market) 2.71%
1,086,365$ 1,086,365 Public Agency Retirement Svcs. (PARS) 0.01%
26,964,306$ 26,964,306$ 42.35% Total 1.20%
Pooled Investment Accounts:
33,375,056$ 33,375,056$ Local Agency Investment Fund 1.51%
33,375,056$ 33,375,056$ 52.42% 1.51%
63,674,520$ 63,674,520$ 100% Total Investments 1.30%
Per Government Code requirements, the Investment Report is in compliance with the Yorba
Linda Water District's Investment Policy, and there are adequate funds available to meet
budgeted and actual expenditures for the next six months.
9/30/22
Yorba Linda Water District
Cash & Investment Portfolio Report
September 30, 2022
________________________________
Delia Lugo, Finance Manager
Page 67 of 132
Below is a chart summarizing the yields as well as terms and maturities for the month of September 2022:
Average # of
Month Portfolio Days to
of 2022 Yield Maturity
September 1.30% 1
Below are charts comparing operating fund interest for current and prior fiscal years.
Actual Interest 9/30/2021 9/30/2022
Monthly - September 4,393$ 28,309$
Year-to-Date 12,328$ 42,428$
Budget 2020/2021 2021/2022
Interest Budget, September YTD 77,000$ 26,731$
Interest Budget, Annual 308,000$ 106,925$
Interest earned on investments is recorded in the fund that owns the investment.
The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds
is as follows:
The table below displays the District's Cash and Investment balance of $68.8 million which is allocated between the established
reserve funds, Wells Fargo Checking Account, and restricted funds held at U.S. Bank for the Bond payments and PARS for
the pension/OPEB payments. The number of Days in Cash are 292 for the Un-Restricted Water Reserve balance and 916 for the
Un-Restricted Sewer Reserve balances, as of September 30, 2022, which are subject to change with the final audited numbers.
FY23 Reserve Cash and
Requirements Investments
August 2022 % Alloc September 2022 % Alloc "Target Available for
Fund Description Balance 8/31/2022 Balance 9/30/2022 Levels" CY Obligations
Water Operating Reserve 16,374,406$ 44.27% 14,350,014$ 38.07% 19,792,315$ (5,442,301)$
Water Emergency Reserve 7,348,506 19.87% 7,348,874 19.50% 7,450,000 (101,126)
Water Capital Project Reserve 1,096,085 2.96% 3,720,522 9.87% 11,721,573 (8,001,051)
MWD Contingency Reserve - 0.00% - 0.00% 1,000,000 (1,000,000)
Rate Stabilization Reserve 4,258,417 11.51% 4,260,270 11.30% 4,251,271 8,999
Un-Restricted Water Reserve Balance 29,077,415 29,679,680$ 44,215,159 (14,535,479)
Conservation Reserve 106,248$ 0.29% 106,248$ 0.28% 106,064 184
Employee Liability Reserve 310,440 0.84% 310,440 0.82% 309,040 1,400
Restricted Reserve Balance 416,687 416,687$ 415,104 1,583
Sewer Operating Reserve 3,275,579$ 8.86% 3,398,446$ 9.02% 3,028,299 370,147
Sewer Emergency Reserve 1,974,922 5.34% 1,977,575 5.25% 1,971,423 6,152
Sewer Capital Project Reserve 2,243,173 6.06% 2,222,181 5.90% 2,772,000 (549,819)
Un-Restricted Sewer Reserve Balance 7,493,674 7,598,202$ 7,771,722 (173,520)
Total Reserve Balances 36,987,776$ 100.00% 37,694,570$ 100.00% 52,401,985$ (14,707,415)$
Water Operating 1,292,233 2,537,651
Sewer Operating (26,269) (225,600)
1,265,964 2,312,051
Rev. Bond 2017A-Principal & Interest - -
Rev. Bond 2022A - Acquisition & COI 24,265,408 21,558,427
Depository Account - Cielo Vista Development 1,023,103 1,023,107
Public Agency Retirement Svc. -PARS (Restricted)1,159,832 1,086,365
Total Cash and Investments 64,702,084$ 63,674,520$
Cash & Investment Summary Comparison Between Current and Previous Month
Wells Fargo Bank Checking
US Bank Held (Restricted)
YLWD Cash & Investment Summary Report
Page 68 of 132
Checking Account:2,312,051$ 3.63%
Money Market Accounts:26,964,306$ 42.35%
Certificates of Deposit:-$ 0.00%
Pooled Investment Accounts:33,375,056$ 52.42%
Depository Account 1,023,107$ 1.61%
Total 63,674,520$ 100.00%
Checking Account:
3.63%
Money Market
Accounts:
42.35%
Pooled Investment
Accounts:
52.42%
Depository Account
1.61%
INVESTMENT BY CATEGORY BALANCES (AS OF 9‐30‐2022)
Checking Account:
Money Market Accounts:
Certificates of Deposit:
Pooled Investment Accounts:
Depository Account
Page 69 of 132
$25,435,084 $26,355,959 $28,156,312 $28,112,936 $29,060,435 $27,976,596 $29,679,680
360 360 354
337 320
281 292
60
110
160
210
260
310
360
410
$20,000
$5,020,000
$10,020,000
$15,020,000
$20,020,000
$25,020,000
$30,020,000
$35,020,000
Sept. 2016 Sept. 2017 Sept. 2018 Sept. 2019 Sept. 2020 Sept. 2021 Sept. 2022
Seven Year Summary of Unrestricted Reserves & Days in Cash (Water Fund)
Unrestricted Reserves (Water)Days in Cash (Water)
Page 70 of 132
Date Description Amount
07/28/22 Beginning Balance $30,000,000
08/01/22 Paydown Refunding Revenue Bonds, Series 2012A ($5,723,505)
Subtotal of Bond Proceeds for YLWD CIP $24,276,495
85% Target Spenddown of Bond Proceeds for CIP by 7/28/2025 $20,635,021
09/28/22 Requistion #2 ‐ Reimburse District for eligible construction costs ($2,725,606)
Available Balance to Spenddown as of September 30, 2022 $17,909,415
Yorba Linda Water District Financing Authority Revenue Bonds, Series 2022A
Activity Summary as of September 30, 2022
$17,909,415
81%
$2,725,606
19%
Revenue Bonds, Series 2022A Use of Funds to Meet 85%
Spenddown Target by July 28, 2025
Available Balance as of Reporting Date Total Drawn to Date
Page 71 of 132
Transaction
Date Transaction Description
Water Operating
Pension Water Operating OPEB
Sewer Operating
Pension
Sewer Operating
OPEB Account Total
Beginning Balance as of 7/1/21 754,305.26 289,298.98 78,124.99 17,436.92 1,139,166.15
7/31/2022 Management Fees (378.17) (237.47) (39.17) (14.31) 1,138,497.03
7/31/2022 Investment Gain/(Loss) 35,526.79 13,624.14 3,679.59 821.17 1,192,148.72
8/31/2022 Management Fees (374.03) (143.43) (38.74) (8.64) 1,191,583.88
8/31/2022 Investment Gain/(Loss) (21,025.08) (8,062.76) (2,177.61) (485.97)1,159,832.46
9/30/2022 Management Fees (378.42) (145.09) (39.19) (8.74)1,159,261.02
9/30/2022 Investment Gain/(Loss) (48,272.88) (18,508.28) (4,999.72) (1,115.55)1,086,364.59
Account Balance by Account Type 719,403.47 275,826.09 74,510.15 16,624.88 1,086,364.59$
PARS (Public Agency Retirement Services) Funding Summary for September 30, 2022
Page 72 of 132
ITEM NO. 8.8.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Rosanne Weston, Engineering Manager
Finance Manager, Delia Lugo
SUBJECT: Capital Improvement Plan (CIP) Progress Report for First Quarter of
Fiscal Year 2022-23
RECOMMENDATION:
That the Board of Directors receive and file the Capital Improvement Plan Progress Report for First
Quarter of Fiscal Year 2022-23.
BACKGROUND:
The CIP Progress Report for the First Quarter of Fiscal Year 2022-23 provides progress on the
District's Capital Improvement Plan water and sewer projects. The report includes first-quarter
expenditures (July 1, 2022 - September 30, 2022), project status for FY 2022-23 CIP projects, and
drawdown of the Revenue Bonds Series 2022A for each eligible water project as of September 30,
2022. The overall status of the Revenue Bonds Series 2022A is reported in the Cash and Investment
Report for the Period Ending September 30, 2022.
ATTACHMENTS:
1. CIP Progress Report for 1st Quarter of FY22-23
Page 73 of 132
1st Quarter FY 2022-2023 CIP Progress Report (July 1st through September 30, 2022)
Capital Improvement Project Project Status
Expenditure 1st
Quarter FY 2022-
2023
Revenue Bonds,
Series 2022A Draw
Down
Phase
Water Projects
PFAS Water Treatment Plant 1,312.90$ $ 1,504,228.47 Completed
Hidden Hills Booster Pump Station Upgrades (YLWD Costs)16,475.06$ 49,063.57$ Construction
Timber Ridge Booster Pump Station Pump Replacement 4,250.48$ 578,971.00$ Construction
Well 22 Equipping 13,906.73$ 57,260.50$ Construction
BNSF Railway Weir Canyon Waterline Xing 227,316.12$ 369,381.95$ Completed
BNSF Veterans Way and S. Highland Waterline Xing 45,084.41$ 52,144.13$ Design
Resiliency Improvements to District Facilities -$ 62,640.00$ Construction
Site and Security Upgrades to District Facilities -$ 51,916.58$ Construction
Lakeview Booster Pump Station Piping -$
Project re-prioritized to start FY 2023-2024 after
completion of Water Master Plan
Imperial Waterline Rehabilitation 208.78$ Design
Mountain View Waterline Replacement -$
Project re-prioritized to start December 2022 in
place of Lakeview BPS
Subtotal Water Projects 308,554.48$ 2,725,606.20$
Sewer Projects
Main Street Sewer Replacement 1,371.22$ n/a
Acquisition of easements from City - Project
completion may be delayed
Subtotal Sewer Projects 1,371.22$ n/a
Total Water and Sewer Projects 309,925.70$ n/a
Project is on or ahead of schedule
Project is significantly delayed
Legend
Project may be delayed
Page 74 of 132
ITEM NO. 8.9.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Rosanne Weston, Engineering Manager
Danielle Logsdon, Principal Engineer
SUBJECT: Agreement with City of Placentia for Valve Box and Manhole Adjustment
for Fiscal Year 2022-23
RECOMMENDATION:
That the Board of Directors authorize the General Manager to execute an agreement with the City of
Placentia to adjust District manhole and valve boxes impacted by the City's paving projects, subject to
legal review by General Counsel.
SUMMARY:
The City of Placentia has provided a cost of $170,650 to adjust the District's valve boxes and
manholes impacted by the City's paving projects. The District compared the City's cost to the lowest
responsible bid received by the District for completing this itself, and the City's cost was
approximately $58,000 less than the District's bid.
FISCAL IMPACT:
Budget for City of Placentia and City of Yorba Linda: $476,000
Estimated Project Costs for both Cities: $585,100
City of Placentia: Contract - $170,650 plus YLWD supplied valve boxes and lids - $13,250
City of Yorba Linda: Contract - $363,400 plus YLWD supplied valve boxes and lids - $37,800
BACKGROUND:
Each year, cities within the District's service area schedule pavement improvement projects and
provide the District with a general scope of work for the planned improvement areas. Where the
pavement grade is changed, the District is required to adjust its manholes and valve boxes to the new
grade at the District's expense. The number of valve boxes and manholes may change based on the
cities' finalized plans and field conditions. The cities provide unit costs in their contracts for completing
this work on behalf of the District. If the unit costs are reasonable, the District may elect to have the
cities complete this work rather than use a District contractor. The City of Placentia has provided a
cost of $170,650 to complete this work within the City on behalf of the District for Fiscal Year 2022-
2023. The District compared the City's cost to the lowest responsible bid received by the District, and
the City's cost was approximately $58,000 less than the District's bid.
Page 75 of 132
ITEM NO. 8.10.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Rosanne P. Weston, Engineering Manager
Reza Afshar, Senior Engineer
Adrian Ayala, Assistant Engineer I
SUBJECT: Declaration of Restrictive Covenants with Michael Major and Kimberley
Major of 4179 Pepper Avenue, Yorba Linda
RECOMMENDATION:
That the Board of Directors authorize the Board President and General Manager to execute a
Declaration of Restrictive Covenants with Michael Major and Kimberley Major of 4179 Pepper
Avenue, Yorba Linda.
SUMMARY:
The District has a recorded dedicated easement located within Lot 5 of Tract No. 10286. The
property owners Michael Major and Kimberley Major, are requesting permission to retain existing
encroachments as shown in the attached exhibit. Engineering staff reviewed the encroachments and
recommend execution, subject to review as to form by General Counsel.
FISCAL IMPACT:
None.
BACKGROUND:
Property owners Michael Major and Kimberley Major have existing improvements on their property
that encroach on a 15-foot wide easement dedicated to the District at 4179 Pepper Avenue (Lot 5 of
Tract No. 10286) and are requesting permission to retain the encroachments. The existing
encroachments include a concrete walkway, a planter wall, a wrought iron fence and gate, a concrete
masonry unit wall, a pool, pool equipment, an artificial rock wall, artificial rocks and slide, and
landscaping. The existing improvements run parallel and across the easement as shown in the
enclosed exhibit. The District has an existing 30-inch waterline within the easement.
Staff reviewed the encroachments and determined that the encroachments do not currently impact
operation and maintenance of the District's facilities. However, if the District needs to excavate within
the easement to facilitate repairs or replacement of the public water system, the subject property
owners' improvements may need to be removed and may be damaged in the process. The owners
Page 76 of 132
understand that with the execution of the Declaration of Restrictive Covenants, the District would not
be liable for replacement of these improvements and the property owner would not be allowed to
reinstall them. Staff recommends the execution of the Declaration of Restrictive Covenants, subject to
review as to form by General Counsel.
PRIOR RELEVANT BOARD ACTION:
The Board of Directors has authorized the execution of similar Declarations of Restrictive Covenants
with various developers and property owners.
ATTACHMENTS:
1. Declaration of Restrictive Covenants
2. Exhibit
Page 77 of 132
Page 1 of 5
YLWD – Dec of Restrictive Covenants (8/21)
RECORDING REQUESTED BY and when
recorded return to:
Yorba Linda Water District
P.O. Box 309
Yorba Linda, California 92885-0309
This is to certify that this Declaration of
Restrictive Covenants is presented for recording
under the provisions of Gov. Code Sec. 27383 by
the Yorba Linda Water District in performance
of an official service thereof.
____________________________________
Richard Mark Toy
General Manager
Space Above This Line for Recorder’s Use
DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON YLWD EASEMENT)
THIS DECLARATION OF RESTRICTIVE COVENANTS (“Declaration”) is made and
effective on November 16, 2022 by and between YORBA LINDA WATER DISTRICT
(“YLWD”), a public agency, created and operating under the authority of Division 12 of the
California Water Code, and Michal R. Major and Kimberley Marie Major, husband and wife as
Joint Tenants (“Owner”). YLWD and Owner are sometimes referred to herein individually as
“Party” and collectively as “Parties”.
RECITALS
A. The Owner is the legal owner of that certain real property located at 4179 Pepper
Avenue, Yorba Linda, California 92886 (“Subject Property”), which is more particularly
described as follows:
LOT 5 OF TRACT 10286, IN THE CITY OF YORBA LINDA, IN SAID
COUNTY AND STATE, AS PER MAP RECORDED IN BOOK 437, PAGES 47
TO 50 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE
RECORDER OF SAID COUNTY.
B. YLWD owns an Easement, as identified on a Deed of Easement, recorded on
February 27, 1979, in Book 13048, Pages 518 through 520, Official Records of Orange County,
California (“Easement”), across a portion of the Subject Property. Within the Easement, YLWD
owns and maintains a 30-inch water transmission pipeline and appurtenant structures (“YLWD
Facilities”).
Page 78 of 132
Page 2 of 5
YLWD – Dec of Restrictive Covenants (8/21)
C. Without the District’s knowledge or consent and in violation of the District’s
Easement rights, Owner constructed a concrete walkway, planter wall, wrought iron fence and
gate, concrete masonry unit wall, pool equipment, pool, artificial rock wall, artificial rock and
slide, and landscaping, (collectively herein referred to as “Improvements”) within and along the
Easement area. The past, present, and future existence and/or use of the Improvements within
and along the Easement area is hereinafter referred to as the “Encroachment”, which is illustrated
in Exhibit “A” attached hereto. The Owner desires to retain the existing Improvements, and
YLWD conditionally consents to the Encroachment as stipulated in this Declaration.
D. The Owner is aware and hereby acknowledges that the Encroachment may lead to
problems affecting and/or interfering with YLWD’s use of the Easement and access to YLWD
Facilities. Although the existence of the Improvements within and along the Easement area may
interfere or restrict YLWD’s Easement rights, which may cause the Improvements to be
damaged or demolished as authorized under this Declaration, the Owner wishes to proceed with
the Encroachment.
E. This Declaration prohibits Owner, without YLWD’s authorization and a recorded
amendment to this Declaration, from constructing and/or retaining any improvements
(“Unauthorized Improvements”) other than the Improvements.
DECLARATION
NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and
conditions herein, the Parties declare as follows:
1. Covenant Running with Land. This Declaration constitutes a covenant running
with the land as provided by the California Civil Code Section 1468 and shall benefit, burden, and
bind the successive owners of the Subject Property and the Easement.
2. Successors and Assigns Obligation. Since the Owner wishes to retain the
Encroachment, this Declaration obligates the current and future owners of the Subject Property to
remedy any current and future adverse events and to fund any necessary maintenance and repair
costs on the Easement and/or Subject Property that may arise in full or in part due to the existence,
construction, or damages to the Easement and/or YLWD Facilities caused by the Encroachment.
3. Damages to YLWD Facilities. The Owner assumes full responsibility and liability
and shall pay for any cost(s) or damage(s) to the YLWD Facilities, arising from the Encroachment,
which, as defined above, includes past, present, and future existence and/or use of the
Improvements within and along the Easement area. YLWD shall not be responsible for any cost(s)
or damage(s) to the YLWD Facilities that arise from the Encroachment.
4. Damages to Third Parties. The Owner, its successors or assigns, agrees to defend,
indemnify and hold YLWD, its officers, directors, employees, agents, and consultants, harmless
against any third-party claims arising out of the Encroachment.
Page 79 of 132
Page 3 of 5
YLWD – Dec of Restrictive Covenants (8/21)
5. YLWD Damages to, or Demolition or Removal of, Improvements. The Owner
acknowledges that the Improvements may be damaged, demolished, or removed to permit access
to, or work within and under, the Easement area and YLWD Facilities. YLWD, its officers,
directors, employees, agents, and consultants, shall not be responsible or liable for any damage(s)
to, or demolition or removal of, the Improvements which result from YLWD’s exercise of rights
under the Easement. If YLWD performs work in the Easement area and the Improvements are
damaged, demolished, or removed, Owner shall not be permitted to reinstall or reconstruct the
damaged, demolished, or removed Improvements. The Owner, its successors or assigns, waives
all known, unknown, and future claims, liabilities, causes of action, and expenses (including, but
not limited to, attorneys’ fees) against YLWD, its officers, directors, employees, agents, and
consultants, for losses and damages to the Improvements and from any obligation to protect,
preserve, repair, or replace the Improvements.
6. Unauthorized Improvements. Owner shall not (i) make any major repairs to the
Improvements, which excludes replastering the pool, due to soil erosion, land settlement issues, or
earthquake, or (ii) construct and/or retain any improvements other than the Improvements. If
Owner discover conditions that require work prohibited under (i), Owner is required to remove the
Improvements at Owner’s sole expense. If Owner performs work prohibited under (i) and (ii),
YLWD may (a) require the improvement to be removed promptly at the Owner’s expense, (b)
revoke the Encroachment, and/or (c) exercise any other legal remedy available to YLWD. Such
Unauthorized Improvements shall be treated as Improvements and subject to this Declaration until
YLWD makes it election under (a), (b), and/or (c) of this provision.
GENERAL PROVISIONS
7. Recitals. The above recitals are true and correct.
8. Entire Agreement. This Declaration represents the entire and integrated
agreement between the Parties and supersedes all prior negotiations, representations, or
agreements, either written or oral.
9. Amendment to this Declaration. This Declaration may be amended only by
written instrument signed by the Parties.
10. No Implied Waivers. If any term, condition, or provision of this Declaration is
breached by either Party and thereafter waived by the other Party, that waiver will be limited to
the specific breach so waived, and will not be deemed either to be a continual waiver or to waive
any other breach under this Declaration.
11. Governing Law and Interpretation. This Declaration is to be governed under the
laws of the State of California and interpreted according to its plain meaning as if drafted by both
YLWD and Owner.
Page 80 of 132
Page 4 of 5
YLWD – Dec of Restrictive Covenants (8/21)
12. Relationship of Parties. Nothing in this Declaration shall be deemed to create any
form of business organization between the Parties, including, without limitation, a joint venture or
partnership.
13. Resolution of Disputes. Pursuant to California Code of Civil Procedure Sections
638 et seq., any dispute arising out of this Declaration shall be resolved by judicial reference, in
Orange County, by one judicial referee to determine all issues in dispute, whether of fact or of law,
and to report a statement of decision. This is a waiver of any right that may exist to a jury trial, but
the right to appeal is preserved.
The Parties shall meet to select the referee no later than thirty (30) days after service of the
initial complaint on all defendants named in the complaint. The referee must have substantial
experience in the type of matter in dispute and without any relationship to either Party, unless the
Parties agree otherwise.
All costs incurred in connection with the judicial reference proceeding, including the cost
of the stenographic record, shall be advanced equally by the Parties. However, the referee shall
have the power to reallocate such costs among the Parties in the referee’s statement of decision.
14. Attorney’s Fees. In the event of any claim or legal action arising out of this
Declaration, the prevailing party shall be entitled to reasonable costs and expenses, including
attorney’s fees.
15. Severability. If any provision, right, or covenant of this Declaration is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the voided provision, right,
or covenant shall be deemed severed from the remaining provisions of this Declaration, which
shall remain valid and enforceable as permitted by law, and the Parties shall negotiate in good faith
to replace the unenforceable provision(s) in accordance with the original purpose and intent of this
Declaration so stated in the above Recitals.
16. Counterparts. This Declaration may be signed in multiple counterpart copies
(signatures may be by facsimile or electronic mail), each of which shall be deemed an original.
17. Capacity of Signatory. The undersigned executing this Declaration on behalf of
YLWD and Owner hereby personally warrant by signing this Declaration that they are authorized
to bind such Party in executing this Declaration and are acting within the course and scope of that
authority.
18. Recording of Declaration. This Declaration shall be recorded in the Office of the
Recorder of the County of Orange, California, and shall constitute notice to all successors and
assigns of the title to the Subject Property of the rights and obligations in this Declaration.
Page 81 of 132
Page 5 of 5
YLWD – Dec of Restrictive Covenants (8/21)
Approved as to Form: YORBA LINDA WATER DISTRICT
Kidman Gagen Law, LLP
_______________________________
Andrew B. Gagen J. Wayne Miller
General Counsel President
Richard Mark Toy
Rosanne P. Weston General Manager
Engineering Manager
OWNER:
Michael R. Major
Kimberley Marie Major
Page 82 of 132
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On , 20___, before me, ________________________________, a Notary Public,
personally appeared ____________________________________________________________________
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature(s) on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
STATE OF CALIFORNIA )
COUNTY OF )
On , 20___, before me, ________________________________, a Notary Public,
personally appeared ____________________________________________________________________
who proved to me on the basis of satisfactory evidence to be the person whose name is subscri bed to the
within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature(s) on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Page 83 of 132
Page 84 of 132
ITEM NO. 8.11.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Rosanne Weston, Engineering Manager
Reza Afshar, Senior Engineer
Ethan Nakano, Associate Engineer III
SUBJECT: Terms and Conditions for Water and Sewer Service with the Corporation
of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints
for 17142 Bastanchury Road
RECOMMENDATION:
That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with the
Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints for 17142
Bastanchury Road.
SUMMARY:
The applicant proposes to redevelop the 5.5-acre site consisting of parcels 1 and 2 of PM 83-1082
which are located on the southwest corner of Bastanchury Road and Osmond Street, in the City of
Yorba Linda. The redevelopment includes the demolition of the existing site and the construction of a
new temple, 2 auxiliary buildings, and a parking area. The proposed scope of work requiring District
approval includes the abandonment of the existing water and sewer services and the construction of
new water and sewer services to serve the proposed development.
FISCAL IMPACT:
Budgeted: Developer Funded
Job Nos: J-2022-40 and J-2022-40S
BACKGROUND:
The District owns an existing Zone 2, 6" water main that is located on Osmond Street which currently
serves the property. The existing 2" service and meter that serve the existing site will be abandoned
and 2 new services will be established to serve the proposed project. The applicant proposes to
install a 4" service and meter that will serve the temple and the southerly auxiliary building and a 1-
1/2" service for irrigation purposes.
The District owns an existing 8" sewer main that is located on Osmond Street which currently serves the
property. The existing 4" sewer laterals that serve the existing property will be abandoned and
replaced with 3 new sewer connections. The applicant will construct one 6" sewer lateral to serve the
Page 85 of 132
temple and two 4" sewer laterals to serve smaller site features.
An exhibit illustrating the proposed project and the Terms & Conditions for Water & Sewer Service.
ATTACHMENTS:
1. Terms and Conditions
2. Exhibit
Page 86 of 132
Date: 11/7/2022
YORBA LINDA WATER DISTRICT
TERMS AND CONDITIONS
FOR WATER AND SEWER SERVICE
NAME OF APPLICANT: The Corporation of the Presiding Bishop of the Church of Jesus
Christ of Latter-Day Saints
LOCATION OF PROJECT: 17142 Bastanchury Road, S/W Corner of Bastanchury Road
and Osmond Street
PARCEL MAP NO.: 83-1082 JOB NUMBER: J-2022-40 & J-2022-40S, LOT(S): 2
The applicant will be required to complete to the satisfaction of the District the following
items that have an “X” following the number.
1) ☒ The applicant shall provide the District with a copy of the Grant Deed or Title
Report of the property to be served.
2) ☒ The applicant shall include information deemed necessary by the District in
the event the applicant is required to file a Department of Real Estate Tax
Disclosure statement.
3) ☒ The applicant shall submit two (2) sets of improvement plans to the District
for plan check processing.
a) Improvement Plans
b) Grading Plans
c) Tract, Parcel or Vesting Map
d) Landscaping Plans
4) ☒ Improvement Plans submitted for plan check shall comply with the submittal
requirements established by the YLWD Engineering Department.
5) ☒ The applicant shall dedicate or obtain all easements deemed necessary by
the District in accordance with the Rules and Regulations of the District. All
easement documents shall be prepared under the supervision of and
stamped by a Professional Land Surveyor or a Registered Civil Engineer
(licensed prior to January 1, 1982) licensed to practice in the State of
California.
6) ☒ The applicant shall provide the District with a copy of the Recorded
Tract/Parcel Map(s) or Easement Documents illustrating all District
easements required by Term and Condition No. 7, prior to requesting
occupancy releases.
Page 87 of 132
Page 2 of 6
NAME OF APPLICANT:
LOCATION OF PROJECT:
7) ☒ The applicant shall prepare and process all easements to be quitclaimed by
the District in accordance with the Rules and Regulations of the District.
8) ☒ The applicant shall furnish the District with a 24-hour emergency telephone
number prior to the District’s approval of the construction plans.
9) ☒ The applicant shall notify the District 48 hours prior to initiating any work
related to required or proposed improvements.
10) ☒ The applicant shall complete a Temporary Construction Meter Permit
application for all water to be used in construction work and all water used
under such permit shall be taken from the approved construction meter.
11) ☒ The applicant shall provide, per the District specifications, the "As Built"
AutoCAD file (version 2016 or earlier) of the Water and/or Sewer facilities.
12) ☒ The applicant shall complete a Water Service Agreement between the Yorba
Linda Water District and the applicant.
13) ☒ The applicant shall pay all of the water fees as required by the Rules and
Regulations for Water Service of the District.
14) ☒ The applicant shall pay meter fees associated with the installation of radio
read meters for this project.
15) ☒ The applicant shall comply with the Rules and Regulations for Water Service
of the Yorba Linda Water District.
16) ☒ The applicant shall provide the District with a set of plans stamped and
approved by the Orange County Fire Authority, or fire agency having
jurisdiction, that identifies approved fire hydrant locations. Such approved
plan must be submitted to the District before staff will initiate a District plan
check for water improvements. Applicant shall also provide to the District with
a copy of conditions of approval issued by the Fire Agency having jurisdiction.
17) ☒ The applicant shall have all water facilities designed in accordance with the
District's Water Facilities Plan and the Standard Specifications and Drawings
for Construction of Domestic Water and Sewer Facilities. All design plans
shall be prepared under the supervision of and stamped by a Registered Civil
Engineer licensed to practice in the State of California.
18) ☒ The applicant’s engineer shall provide a computer hydraulic analysis report
to confirm that the District’s existing water system can accommodate the
project. The District’s consultant will verify, using the hydraulic model. If
system deficiencies are found, the applicant shall be required to provide
mitigation to the satisfaction of the District.
Page 88 of 132
Page 3 of 6
NAME OF APPLICANT:
LOCATION OF PROJECT:
19) ☒ The applicant’s future water facilities shall be conveyed to the District as
indicated on applicant’s future Water Improvement Plans approved by the
District.
20) ☒ The applicant shall be required to conduct flow tests at their cost in the event
the Orange County Fire Authority requires a flow test, and provide an
approved copy to the District. A District representative shall be present to
witness the flow test.
21) ☒ The applicant shall comply with all additional District requirements, relative to
the fire protection system, fire hydrant construction and fire hydrant locations.
22) ☐ The applicant shall install water Sampling Station(s) in conformance with
the District’s Standard Specifications and Drawings for Construction of
Domestic Water and Sewer Facilities.
23) ☒ The applicant shall provide a completed Surety Bond for the water facilities
prior to the District signing the Water Improvement Plans. The applicant shall
also provide to the District an estimate of the construction costs of the
proposed water facilities.
24) ☐ The applicant shall install the curb and gutters a minimum of one week prior
to the installation of the water main and services.
25) ☒ All existing water services that are not useable in the new plan shall be cut
and plugged at the main line.
26) ☒ The applicant shall coordinate through the District all connections of new
water facilities to the existing District facilities.
27) ☐ The applicant shall provide a written copy of the Bacteriological Report prior
to occupancy releases certifying that the water meets the Health
Department's requirements.
28) ☒ The applicant shall adjust and raise to grade all valve covers within the limits
of this project.
29) ☒ The applicant shall install a pressure regulator in all buildings that have over
80 p.s.i. static water pressure in accordance with the appropriate building
codes.
30) ☒ The applicant shall install a District approved backflow device in connection
with any private fire suppression sprinkler facilities that may be required by
the Orange County Fire Authority or fire agency having jurisdiction.
Page 89 of 132
Page 4 of 6
NAME OF APPLICANT:
LOCATION OF PROJECT:
31) ☒ The applicant shall install a reduced pressure principle backflow prevention
device on all commercial buildings and landscape services.
32) ☒ The applicant shall install and provide a written test report to the District for
each backflow device certifying that the backflow devices are operating
properly.
33) ☒ The applicant shall provide a written test report to the District certifying that
the existing double check detector assembly is operating properly prior to the
double check detector assembly being turned on for service.
34) ☒ The applicant shall provide an annual written test report to the District
certifying that the backflow devices and fire detector assemblies are operating
properly pursuant to the District’s Backflow Prevention Program and the State
of California Administrative Code, Title 17, Public Health Rules and
Regulations Relating to Cross-Connections.
35) ☒ The applicant shall install all proposed water services at a minimum five-foot
horizontal separation from proposed sewer laterals. All proposed water
services that cross proposed sewer laterals shall cross over the sewer lateral
at a minimum one-foot vertical separation from top of the proposed sewer
laterals.
36) ☐ The applicant shall complete a Sewer Connection Application and Permit for
Sewer Service.
37) ☒ The applicant shall complete a Sewer Service Agreement between the Yorba
Linda Water District and the applicant.
38) ☒ The applicant shall comply with the Rules and Regulations for Sewer Service
of the Yorba Linda Water District.
39) ☒ The applicant shall pay all of the sewer fees as required by the Rules and
Regulations for Sewer Service of the District.
40) ☒ The applicant shall have all sewer facilities designed in accordance with the
District's Sewer Master Plan and the Standard Specifications and Drawings
for Construction of Domestic Water and Sewer Facilities. All design plans
shall be prepared under the supervision of and stamped by a Registered Civil
Engineer licensed to practice in the State of California.
41) ☒ The applicant’s engineer shall provide sewer flow calculations to confirm that
the District’s existing sewer system can accommodate the peak wastewater
generation from the project. The District’s consultant will verify, using the
sewer hydraulic model. If system deficiencies are found, the applicant shall
be required to provide mitigation to the satisfaction of the District.
Page 90 of 132
Page 5 of 6
NAME OF APPLICANT:
LOCATION OF PROJECT:
42) ☒ The applicant shall provide a completed Surety Bond for the sewer facilities
prior to the District signing the Sewer Improvement Plans. The applicant shall
also provide to the District an estimate of the construction costs of the
proposed sewer facilities.
43) ☐ The applicant’s future sewer facilities shall be conveyed to the District as
indicated on applicant’s future Water and Sewer Improvement Plans
approved by the District.
44) ☒ The applicant shall construct a sewer main and appurtenances in
conformance with the approved plans and the District’s Standard
Specifications and Drawings for Construction of Domestic Water and Sewer
Facilities.
45) ☒ All existing sewer laterals that are not useable in the new plan shall be cut
and plugged at the main line.
46) ☒ The applicant shall adjust and raise to grade all sewer manhole covers within
the limits of this project.
47) ☒ The applicant shall install a sewer backflow prevention valve on all sewer
service connections in which the pad elevations of the property being served
is lower than the rim elevation of the upstream manhole. Installation of the
backflow device shall comply with all requirements of the Building and
Plumbing Codes of the appropriate agency having jurisdiction.
48) ☒ The applicant shall submit a video inspection report of their sewer project in
DVD format. The video of the sewer facilities shall be conducted in the
presence of the District inspector, which will include stationing locations of
manholes, cleanouts, wyes, laterals, backflow devices and appurtenances.
(END OF STANDARD TERMS AND CONDITIONS)
PROJECT SPECIFIC TERMS AND CONDITIONS
49) ☒ A separate water service and meter shall be established for irrigation
purposes only.
50) ☒ All water services for landscaping, agricultural, commercial and industrial
buildings shall have a reduced pressure principle assembly, per Standard
Drawing W-18.
Page 91 of 132
Page 6 of 6
NAME OF APPLICANT:
LOCATION OF PROJECT:
51) ☒ Minimum sewer lateral size for commercial application is to be 6” per
Standard Drawing S-6. 4” sewer laterals for smaller applications within the
project may be permitted at the District’s discretion.
52) ☒ Per the District’s Rules and Regulations, each lot shall have a separate
service connection. Any variation from this condition will required a variance
that is reviewed and approved by the District.
I hereby certify that the foregoing Terms and Conditions were approved at the Click or tap to enter a date. Regular
Meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms
and Conditions shall become void six (6) months from the approval date if a formal Water
and Sewer Service Agreement between Yorba Linda Water District and the applicant is not
executed for the project under consideration.
Richard Mark Toy, General Manager
Reviewed by: Rosanne P. Weston, PE, PMP
Engineering Manager
Reviewed by: Reza Afshar, PE
Senior Engineer
Page 92 of 132
BA
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OSMOND STREET (PUBLIC)
PROP. TEMPLE
1717 E. MIRALOMA AVENUE
PLACENTIA, CALIFORNIA 92870
(714) 701-3000
PREPARED BY:
YORBA LINDA WATER DISTRICT
SCALE:
DATE:
FILENAME:
TERMS & CONDITIONS EXHIBIT
WATER & SEWER SERVICE
FOR
17142 BASTANCHURY ROAD
THE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS
Page 93 of 132
ITEM NO. 9.1.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Andrew Gagen, General Counsel
SUBJECT: Adoption of Encroachments Policy
RECOMMENDATION:
That the Board of Directors adopt Resolution No. 2022-XX adopting, in its substantial form, an
Encroachments Policy.
SUMMARY:
The District and much of its service area are over 100 years old. During that time period and without
the District’s knowledge, District customers either intentionally or unintentionally constructed
improvements that encroach on District properties and/or easements, which either house District
critical infrastructure or provide access to said infrastructure. District Counsel and staff prepared an
Encroachments Policy for consideration by the Board to establish the procedure to mitigate or
eliminate the encroachments on District property or property rights.
During the Board of Directors meeting on October 24, 2022, District staff presented a draft
Encroachments Policy, and the Board requested revisions to the draft Policy. In addition, among
other clarifying revisions, District counsel added a step in which District staff will contact the City to
determine whether the encroachment is a result of the encroachment owner’s failure to obtain a
building permit. Attached is the revised Policy.
BACKGROUND:
To protect the District’s property and property rights (e.g. easements, licenses, etc.) from
encroachments, the District prepared an Encroachments Policy because such encroachments may
(a) violate the constitutional prohibition against the ‘gift of public funds’ under article XIV, section 6, of
the California Constitution, (b) be a trespass and/or public and private nuisance to District real and/or
personal property, (c) expose the District to liability, and/or (d) threaten the integrity of District
facilities and infrastructure that provide water and sewer service to District customers.
The Policy will help staff and District Counsel determine if a potential encroachment violates the
District’s property rights such as a trespass on District property or breach of a written easement. If
such a determination is made, the Policy establishes a procedure to mitigate or eliminate the
encroachment.
Page 94 of 132
The procedure includes (1) multiply efforts to communicate with the encroaching property owner, and
(2) in the District’s sole discretion, a request that the encroaching owner either remove the
encroachment or sign a Declaration of Restrictive Covenants, which conditionally allows, among
other terms and conditions, the encroachment to exist.
ATTACHMENTS:
1. Resolution No. 2022-XX - Adopting Encroachments Policy
2. Encroachments Policy
Page 95 of 132
Resolution No. 2022-XX Adopting Encroachments Policy 1
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING AN ENCROACHMENTS POLICY
WHEREAS,it is the policy of the Yorba Linda Water District to protect its property and
property rights from encroachments because such encroachments may
(a) violate the constitutional prohibition against the ‘gift of public funds’
under article XIV, section 6, of the California Constitution, (b) be a trespass
and/or public and private nuisance to District real and/or personal
property, (c) expose the District to liability, and/or (d) threaten the integrity
of District facilities and infrastructure that provide water and sewer service
to District customers; and
WHEREAS,it is the desire of the Board of Directors to establish a procedure to mitigate
or eliminate encroachments on District property or property rights by
adoption of an Encroachments Policy.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District
hereby adopts the Encroachment Policy as attached hereto and by this reference
incorporated herein.
PASSED AND ADOPTED this 16th day of November 2022 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
J. Wayne Miller, PhD, President
Yorba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. Gagen, Esq.
Kidman Gagen Law LLP
Page 96 of 132
YORBA LINDA WATER DISTRICT 4010-002-POL
Page 1 of 3
ENCROACHMENTS
Dept/Div: Engineering Approved By: Board of Directors
Effective Date: November 16, 2022 Applicability: District Wide
Supersedes: N/A See Also: N/A
1.0 Policy Regarding Encroachments on District Property and Property Rights
1.1 It is the policy of the Yorba Linda Water District to protect its property and property rights
(e.g. easements, licenses, etc.) from encroachments because such encroachments may
(a) violate the constitutional prohibition against the ‘gift of public funds’ under article XIV,
section 6, of the California Constitution, (b) be a trespass and/or public and private
nuisance to District real and/or personal property, (c) expose the District to liability,
and/or (d) threaten the integrity of District facilities and infrastructure that provide water
and sewer service to District customers.
2.0 Purpose of This Policy
2.1. The purpose of this Policy is to establish the procedure to mitigate or eliminate an
encroachment on District property or property rights.
3.0 Determining Whether an Encroachment Violates District Property Rights
3.1 When a potential encroachment is identified, District staff will obtain the documents that
identify the District’s ownership of the property or District property rights in which there is
a potential encroachment.
3.2 District staff, who may consult with District Counsel, will review the documents regarding
the potential encroachment to determine if the potential encroachment violates the
District’s property rights such as a trespass on District property or breach of a written
easement.
4.0 Procedure to Mitigate or Eliminate the Encroachment
4.1. If the District determines that the encroachment is a violation of the District’s property
rights, then District staff will contact the City where the property is located to determine
whether the encroachment is a result of the encroachment owner’s failure to obtain a
building permit required under the City’s municipal code. If so, District staff may ask the
City to enforce its municipal code and remove the unpermitted encroachment. If not or
the City chooses not to do so, then District staff will contact the encroaching owner of
the property and/or owner of encroaching utilities where the encroachment is located
and (a) advise the encroaching owner of the encroachment, and (b) in the District’s sole
discretion, either request the encroaching owner to remove the encroachment or sign a
Declaration of Restrictive Covenants (“Declaration”), which is described immediately
below. District staff will make at least five total attempts to contact the owner by a
combination of the following, which should include at least one of the following: email,
phone, certified mail, and in person.
Page 97 of 132
YORBA LINDA WATER DISTRICT 4010-002-POL
Page 2 of 3
4.1.1 The Declaration conditionally permits, among other terms and conditions, the
encroachment as follows: (a) the encroachment owner may continue to
encroach, but the District has the right to request removal in the event of
necessary repairs to District facilities or other actions, (b) no further
encroachments may be installed by the encroachment owner, (c) the
encroachment owner assumes full responsibility and liability, and shall pay, for
any costs or damages to District’s property or facilities arising from
encroachment, and (d) the encroachment cannot be repaired or replaced for
any reason, unless approved by the District. The District’s template for its the
District’s Declaration of Restrictive Covenants (“Declaration”), which may be
amended from time to time, is attached hereto as Exhibit A to this Policy.
4.1.4.2. If District staff receives a response from the owner, then District staff will either (a)
schedule a site inspection, if necessary, to prepare the Declaration and/or confirm the
scope of the encroachment, or (b) establish a date for when the encroachment must
be removed. Under (a), if a site inspection is not necessary, or after the site inspection is
concluded, District staff will prepare a Declaration and transmit it to the encroachment
owner for the owner’s signature. In addition to the initial transmission of the Declaration,
District staff will make at least four additional attempts to receive a signed Declaration
from the owner by a combination of the following, which should include at least one of
the following: email, phone, certified mail, and in person.
4.2.4.3. District staff will keep a chronology of communications and attempted contacts with
the encroachment owner.
4.4. If (a) District staff does not receive a response from the encroachment owner under
Sections 4.1 and 4.2, or (b) the encroachment owner rejects the District’s request to
remove the encroachment or sign the Declaration, then District staff will advise the Board
of Directors of (a) or (b) and, unless the Board directs staff differently, refer the matter to
District Counsel.
4.4.1 District Counsel will prepare at least three letters to the owner. The first and
second letter will attach a copy of the Declaration and provide the owner with
approximately two weeks to respond. The third or final letter will attach a copy of
a draft complaint and provide the owner with approximately two weeks to
respond. Each letter will be transmitted via email and U.S. mail.
4.3.4.4.2 If (a) the owner (i) does not respond to the third and final letter or (ii)
rejects the District’s request to remove the encroachment or sign the Declaration,
and (b) the District Board of Directors has authorized District counsel to initiate
litigation against the owner, then District Counsel will file and serve the complaint
against the encroachment owner.
Page 98 of 132
YORBA LINDA WATER DISTRICT 4010-002-POL
Page 3 of 3
EXHIBIT A
DECLARATION OF RESTRICTIVE COVENANTS
Page 99 of 132
EXHIBIT A
YL WD DoRC Rev. 11/08/22 1
RECORDING REQUESTED BY and when
recorded return to:
Yorba Linda Water District
PO Box 309
Yorba Linda, California 92885-0309
This is to certify that this Declaration of
Restrictive Covenants is presented for
recording under the provisions of Gov.
Code Sec. 27383 by the Yorba Linda
Water District in performance of an
official service thereof.
____________________________________
Richard Mark Toy
General Manager
Space Above This Line for Recorder’s Use
DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON YLWD EASEMENT)
THIS DECLARATION OF RESTRICTIVE COVENANTS (“Declaration”) is made and
effective on [DATE] by and between YORBA LINDA WATER DISTRICT (“YLWD”), a public
agency, created and operating under the authority of Division 12 of the California
Water Code, and [NAME(S)] (“Owner”). YLWD and Owner are sometimes referred to
herein individually as “Party” and collectively as “Parties”.
RECITALS
A. The Owner is the legal owner of that certain real property located at
[ADDRESS] (“Subject Property”), which is more particularly described as follows:
PARCEL X IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK XX, PAGE X OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
B. YLWD owns an Easement, as identified on a Deed of Easement, recorded
on Month Day, Year, in Book XXXX, Page XXX, Official Records of Orange County,
California (“Easement”), across a portion of the Subject Property. The Easement is
attached as Exhibit “A”. Within the Easement, YLWD owns and maintains an 8-inch
sewer main pipeline and appurtenant structures (“YLWD Facilities”).
C. The Owner desires to construct a wood deck and retain an existing
concrete driveway, concrete retaining wall, wood fence, concrete steps, orange trees,
planter and landscape (collectively herein referred to as “Improvements”) within and
along the Easement area. This Declaration prohibits Owner, without YLWD’s
authorization and a recorded amendment to this Declaration, from constructing
and/or retaining any improvements (“Unauthorized Improvements”) other than the
Improvements.
Page 100 of 132
EXHIBIT A
YL WD DoRC Rev. 11/08/22 2
D. The construction, existence, and/or use of the Improvements within and
along the Easement area is hereinafter referred to as the “Encroachment”, which is
illustrated in Exhibit “B” attached hereto.
E. YLWD conditionally consents to the Encroachment as stipulated in this
Declaration. The Owner is aware and hereby acknowledges that the Encroachment
may lead to problems affecting and/or interfering with YLWD’s use of the Easement
and access to YLWD Facilities.
F. Although the construction and subsequent existence of the Improvements
within and along the Easement area may interfere or restrict YLWD’s Easement rights,
which may cause the Improvements to be damaged or demolished as authorized
under this Declaration, the Owner wishes to proceed with the Encroachment.
DECLARATION
NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms
and conditions herein, the Parties declare as follows:
1. Covenant Running with Land. This Declaration constitutes a covenant
running with the land as provided by the California Civil Code Section 1468 and shall
benefit, burden, and bind the successive owners of the Subject Property and the
Easement.
2. Successors and Assigns Obligation. Since the Owner wishes to retain the
Encroachment, this Declaration obligates the current and future owners of the Subject
Property to remedy any current and future adverse events and to fund any necessary
maintenance and repair costs on the Easement and/or Subject Property that may arise
in full or in part due to the existence, construction, or damages to the Easement and/or
YLWD Facilities caused by the Encroachment.
3. Damages to YLWD Facilities. The Owner assumes full responsibility and
liability and shall pay for any cost(s) or damage(s) to the YLWD Facilities, arising from the
Encroachment. YLWD shall not be responsible for any cost(s) or damage(s) to the YLWD
Facilities that arise from the Encroachment.
4. Damages to Third Parties. The Owner, its successors or assigns, agrees to
defend, indemnify and hold YLWD, its officers, directors, employees, agents, and
consultants, harmless against any third-party claims arising out of the Encroachment.
5. Damages to Improvements. The Owner acknowledges that the
Improvements may be damaged or demolished to permit access to, or work within and
under, the Easement area and YLWD Facilities. YLWD, its officers, directors, employees,
agents, and consultants, shall not be responsible or liable for any damage(s) to, or
demolition of, the Improvements which result from YLWD’s exercise of rights under the
Easement. The Owner, its successors or assigns, waives all known, unknown, and future
claims, liabilities, causes of action, and expenses (including, but not limited to, attorneys’
fees) against YLWD, its officers, directors, employees, agents, and consultants, for losses
and damages to the Improvements and from any obligation to protect, preserve, repair,
or replace the Improvements.
Page 101 of 132
EXHIBIT A
YL WD DoRC Rev. 11/08/22 3
6. Unauthorized Improvements. Owner shall not construct and/or retain any
improvements other than the Improvements. If Owner constructs and/or retains any
improvement other than the Improvements, YLWD may (a) require the improvement to
be removed promptly at the Owner’s expense, (b) revoke the Encroachment, and/or (c)
exercise any other legal remedy available to YLWD. Such Unauthorized Improvements
shall be treated as Improvements and subject to this Declaration until YLWD makes it
election under (a), (b), and/or (c) of this provision.
GENERAL PROVISIONS
7. Recitals. The above recitals are true and correct.
8. Entire Agreement. This Declaration represents the entire and integrated
agreement between the Parties and supersedes all prior negotiations, representations, or
agreements, either written or oral.
9. Amendment to this Declaration. This Declaration may be amended only by
written instrument signed by the Parties.
10. No Implied Waivers. If any term, condition, or provision of this Declaration is
breached by either Party and thereafter waived by the other Party, that waiver will be
limited to the specific breach so waived, and will not be deemed either to be a continual
waiver or to waive any other breach under this Declaration.
11. Governing Law and Interpretation. This Declaration is to be governed under
the laws of the State of California and interpreted according to its plain meaning as if
drafted by both YLWD and Owner.
12. Relationship of Parties. Nothing in this Declaration shall be deemed to
create any form of business organization between the Parties, including, without
limitation, a joint venture or partnership.
13. Resolution of Disputes. Pursuant to California Code of Civil Procedure
Sections 638 et seq., any dispute arising out of this Declaration shall be resolved by judicial
reference, in Orange County, by one judicial referee to determine all issues in dispute,
whether of fact or of law, and to report a statement of decision. This is a waiver of any
right that may exist to a jury trial, but the right to appeal is preserved.
The Parties shall meet to select the referee no later than thirty (30) days after
service of the initial complaint on all defendants named in the complaint. The referee
must have substantial experience in the type of matter in dispute and without any
relationship to either Party, unless the Parties agree otherwise.
All costs incurred in connection with the judicial reference proceeding, including
the cost of the stenographic record, shall be advanced equally by the Parties. However,
the referee shall have the power to reallocate such costs among the Parties in the
referee’s statement of decision.
14. Attorney’s Fees. In the event of any claim or legal action arising out of this
Declaration, the prevailing party shall be entitled to reasonable costs and expenses,
including attorney’s fees.
Page 102 of 132
EXHIBIT A
YL WD DoRC Rev. 11/08/22 4
15. Severability. If any provision, right, or covenant of this Declaration is held
by a court of competent jurisdiction to be invalid, void, or unenforceable, the voided
provision, right, or covenant shall be deemed severed from the remaining provisions of
this Declaration, which shall remain valid and enforceable as permitted by law, and the
Parties shall negotiate in good faith to replace the unenforceable provision(s) in
accordance with the original purpose and intent of this Declaration so stated in the
above Recitals.
16. Counterparts. This Declaration may be signed in multiple counterpart
copies (signatures may be by facsimile or electronic mail), each of which shall be
deemed an original.
17. Capacity of Signatory. The undersigned executing this Declaration on
behalf of YLWD and Owner hereby personally warrant by signing this Declaration that
they are authorized to bind such Party in executing this Declaration and are acting within
the course and scope of that authority.
18. Recording of Declaration. This Declaration shall be recorded in the Office
of the Recorder of the County of Orange, California, and shall constitute notice to all
successors and assigns of the title to the Subject Property of the rights and obligations in
this Declaration.
Approved as to Form: YORBA LINDA WATER DISTRICT
Kidman Gagen Law, LLP
_____________________________
Andrew B. Gagen J. Wayne Miller, PhD
General Counsel President
_____________________________
Rosanne P. Weston Richard Mark Toy
Engineering Manager General Manager
OWNER:
Name of Signer
Name of Signer
Page 103 of 132
ITEM NO. 9.2.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT: Association of California Water Agencies (ACWA) Proposed Amended
and Restated Bylaws
RECOMMENDATION:
That the Board of Directors review the proposed amended and restated ACWA Bylaws and
designate a delegate and alternate delegate to vote on the District's behalf during the upcoming
ACWA General Session Membership Meeting(s).
DISCUSSION:
There will be a General Session Membership Meeting at the ACWA 2022 Fall Conference on
Wednesday, November 30, 2022, at 12:30 p.m. to conduct a vote by the membership on the
proposed Amended and Restated Bylaws for ACWA. The primary purpose of this recommendation is
to ensure ACWA's Bylaws are current and reflect consistency with other governance documents and
daily operations and to implement changes related to the election of ACWA's Board Officers. Each
member of the Association shall be entitled to one vote that shall be cast by its authorized
representative who must be present at the membership meeting. Member agencies must indicate
their designated voting delegate and alternate delegate on the attached Voter Designation and
Information Form. The deadline for submitting the form is Wednesday, November 23, 2022.
Detailed information regarding the proposed amendments and a redlined version of the current
bylaws are attached. ACWA staff will be available at the ACWA General Session Desk, located in the
Crystal Ballroom Foyer, Renaissance Esmeralda Resort Hotel, on Wednesday, November 30,
between 9:00 a.m. and 11:45 a.m. to answer questions about the membership meeting and voting
process.
ATTACHMENTS:
1. Notice of General Session Membership Meeting
2. Voter Designation Form
3. Proposed Amended and Restated ACWA Bylaws - REDLINE
Page 104 of 132
MEMORANDUM
TO: ACWA Member Agency Board Presidents and General Managers
CC: ACWA Board of Director
FROM: Dave Eggerton, ACWA Executive Director
DATE: October 5, 2022
SUBJECT: Notice of General Session Membership Meeting — November 30, 2022
There will be a General Session Membership Meeting at the ACWA 2022 Fall Conference on Wednesday,
November 30, 2022, at 12:30 p.m. The meeting will be held in the Crystal Ballroom, Renaissance Esmeralda
Resort Hotel, Indian Wells. The purpose of the meeting is to conduct a vote by the membership on proposed
Amended and Restated Bylaws of the Association of California Water Agencies as recommended by the Board
of Directors at its meeting on September 23, 2022.
Proposed Amended and Restated Bylaws
As part of ongoing efforts to ensure ACWA’s Bylaws are current and reflect consistency with other governance
documents and daily operations and to implement changes related to the election of ACWA’s Board Officers,
the Board of Directors is recommending proposed Amended and Restated Bylaws for consideration by the
membership.
Staff worked with Dale Stern, Downey Brand LLP, to prepare the proposed Amended and Restated Bylaws,
which include the following changes:
• Amendments to clarify language and to reflect consistency with other governance documents and
daily operations
• Amendments to implement changes to the Board Officers’ election process as recommended by the
Election Task Force
• Amendments to incorporate California Corporations Code provisions allowing meetings to be held by
electronic communication
• Restructuring and reformatting to incorporate a new numbering system
Legal Affairs Committee (LAC) Chair, Jennifer Buckman, appointed LAC member, Doug Coty, to serve as the
committee’s representative to review the proposed Amended and Restated Bylaws and provide an analysis
pursuant to ACWA Bylaws (Article 9, Section 8). The proposed Amended and Restated Bylaws reflect the LAC’s
recommended edits as adopted by the ACWA Board on September 23.
Via U.S. Mail and Electronic Mail
Page 105 of 132
ACWA Member Agency Board Presidents and General Managers
General Session Membership Meeting — November 30, 2022
October 5, 2022 • Page 2
Redline and clean versions of the proposed Amended and Restated Bylaws are available on ACWA’s website at
the link listed below. The materials have also been emailed to member agency general managers and board
presidents.
https://www.acwa.com/2022-membership-meeting/
Voting Process
Consistent with ACWA’s Bylaws, Article 9, Section 5:
• Each member of the Association shall be entitled to one vote that shall be cast by its authorized
representative.
• Voters must be present at the membership meeting to vote.
ACWA will be using a voting system called Live-Tally, which will allow voters to vote using a handheld keypad.
• Member agencies must indicate their voting representative and alternate on the attached Voter
Designation & Information Form as well as provide all of the information identified on the form in order
for ACWA to facilitate all aspects of the membership meeting and voting processes.
Deadline & Changes
The deadline for submitting the Voter Designation & Information Form is Wednesday, November 23, 2022.
While this form identifies both a voting delegate and an alternate voting delegate for the ACWA member
agency, if for any reason the member agency desires for the alternate voting delegate to vote at the
membership meeting in place of its designated voting delegate, the member agency must notify ACWA in
advance of its exchange of voting delegates by contacting the Senior Clerk of the Board Donna Pangborn at
donnap@acwa.com or 916-669-2425 no later than 5:00 p.m. on Tuesday, November 29, 2022.
ACWA General Session Desk
ACWA staff will be available at the ACWA General Session Desk, located in the Crystal Ballroom Foyer,
Renaissance Esmeralda Resort Hotel, on Wednesday, November 30, between 9:00 a.m. and 11:45 a.m. to
answer questions about the membership meeting and voting process.
Voters need to check in at the ACWA General Session Desk on Wednesday, November 30, between 10:00
and 11:45 a.m. to pick up handheld keypads.
If you have any questions regarding the proposed Amended Bylaws and Restated or voting process,
please contact Senior Clerk of the Board Donna Pangborn at 916-669-2425 or donnap@acwa.com.
dgp
Attachments:
1. Voter Designation & Information Form
2. Proposed Amended and Restated Bylaws (redline version) – see website link above
3. Proposed Amended and Restated Bylaws (clean version) – see website link above
Page 106 of 132
Voter Designation & Information Form
DEADLINE FOR RETURNING FORM(s): 11/23/2022
To: Donna Pangborn, Senior Clerk of the Board Email: donnap@acwa.com Fax: 916-669-2425
The person designated below will be attending the ACWA General Session Membership Meeting(s) on Wednesday,
November 30, 2022 (and December 1, 2022 if necessary) as our voting delegate. Please designate an alternate voting
delegate to facilitate any change to your voting representation at the meeting. To change your alternate, however, you
must notify Donna Pangborn of the change no later than 5:00 p.m. on Tuesday, November 29, 2022.
Voting delegate must be present at the membership meeting to vote.
Voting Delegate’s Name Voting Delegate’s Email Voting Delegate’s Phone No.
Alternate Voting Delegate’s Name Alternate Voting Delegate’s Email Alternate Voting Delegate’s Phone No.
Voting Delegate’s Affiliation (if different from assigning agency)*Date
*If your agency designates a delegate from another entity to serve as its authorized voting representative, please
indicate the delegate’s entity in the appropriate space above.
Member Agency’s Name Agency’s Phone No.
Print Member Agency’s Authorized Signatory Name Authorized Signatory Signature
Page 107 of 132
As recommended by the Board of Directors at its meeting on 9/23/2022.
AMENDED AND RESTATED
BYLAWS of the Association of
California Water Agencies
Page 108 of 132
BYLAWS OF THE
ASSOCIATION OF CALIFORNIA WATER AGENCIES
TABLE OF CONTENTS
ARTICLE 1 – General ............................................................................................................ 1
ARTICLE 2 – Membership and Dues .................................................................................... 2
ARTICLE 3 – Officers ............................................................................................................ 3
ARTICLE 4 – Board of Directors ........................................................................................... 4
ARTICLE 5 – Regions ............................................................................................................ 7
ARTICLE 6 – Executive Committee ...................................................................................... 9
ARTICLE 7 – Standing Committees .................................................................................... 10
ARTICLE 8 – Special Councils, Committees, and Task Forces ............................................ 13
ARTICLE 9 – Meetings of Members ................................................................................... 14
ARTICLE 10 –Indemnification of Directors, Officers, and Other Agents ........................... 18
ARTICLE 11 – Miscellaneous ............................................................................................. 18
Page 109 of 132
BYLAWS OF THE
ASSOCIATION OF CALIFORNIA WATER AGENCIES
(As amended and restated by the Members on November 29, 2017________, 2022)
ARTICLE 1Article 1 – - General
1 Name. The name of this California nonprofit corporation shall be the Association of
California Water Agencies (hereinafter referred to as the Association).
Principal Office. The principal office for the transaction of business of the Association
isshall be located at 910 K Street, Suite 100,in Sacramento, California; provided, however, that the Board
of Directors may change the location of the principal office by resolution and without amendment of these
bylaws..
Purposes. The purposes of the Association shall be to work together with its members
and others for the best interests of California and its citizens and landowners who use, need and depend
upon water; to encourage the orderly development of the waters of the state; to seek means of obtaining
and making available to all of California a dependable water supply of the best possible quality at the
lowest possible cost, giving due consideration to environmental factors involved therein; to provide
inspiration and leadership in meeting and solving the water supply problems of this state; to propose and
advocate such policies and measures—local, state and federal—that serve the best interests of the
Association, opposing those of contrary nature; to assist in promoting the health, safety and welfare of
the employees of its members; and to do all other things that are in the best interests of its members.
1 Section numbers have been reformatted to incorporate a new numbering system throughout this document.
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ARTICLE 2Article 2 – Membership and Dues
Membership.
(a) Members. Only a public district, public agency, or public organization created and
operated for the purpose of controlling, treating, developing, acquiring, using or
supplying water for any purpose for inhabitants or lands within the state of California, or
for the protection, drainage or reclamation of lands within the state of California, may
become a member of the Association. Such an entity will become a member upon
written application, approval by the Board of Directors, and the payment of the required
dues. Acceptance to membership shall authorize full participation in Association
activities. Except as otherwise provided in subsection Section 2.01(b) below, in no case
may an organization other than a state, a political subdivision (as defined in § 1.103-1(b)
of the Income Tax Regulations) of a state or an entity the income of which is excluded
from gross income under § 115 of the Internal Revenue Code be a member of the
Association. A member of the Association shall be in good standing if in compliance with
all bylaws and requirements of membership, including timely payment of annual dues
and emergency assessments.
(b) Honorary Life Members. Any person who has rendered conspicuous service in furthering
the purposes of the Association may, by vote of the Board of Directors, be granted an
honorary life membership in the Association without payment of dues or assessments. All
past presidents of the Association shall automatically be honorary life members without
vote of the Board of Directors. Honorary life members shall not be entitled to a vote or to
hold office automatically because of their status as honorary life members.
(c) Termination of Members. Membership shall cease upon the failure of any member to
pay the dues provided for in Section 2.02 of this Article. The membership of any member
may be terminated at any time by such member sending written notification of its
intention to withdraw to the Association’s principal office. The Board of Directors may
terminate the membership of any member upon 30 days’ written notice by first-class mail
when it is determined at any regular Board meeting or at any special Board meeting called
for that purpose that continuance of such membership would not be in the best interests
of the Association. Withdrawal or termination of membership ends any participation in
Association activities and shall terminate a member’s interest in the Association’s assets.
Dues. The annual dues of each member of the Association shall be established by the
Board of Directors; provided, however, that any member may apply for a change in its dues because of
conditions that differentiate such applicant from other members.
Liability of Members. No member shall be liable for any obligation incurred by the
Association with the following exception: (1) the payment of the annual dues while it remains a member;
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and (2) the payment of emergency assessments, which shall not exceed 10 percent of current annual dues
for each member in any calendar year while it remains a member. No emergency assessment may be
levied against any member during its first two years of membership in the Association.
ARTICLE 3Article 3 – - Officers
President and Vice President.
(a) General. The president and vice president of the Association shall be the elected officers
of the Association. At the time of their election the president and vice president shall each
be an elected or appointed member of the governing body or commission (as
appropriate) of a member agency of the Association. The president and vice president
shall be elected by the members of the Association at its fall conferenceby written ballot
in each odd-numbered year before the Association’s annual meeting, shall be announced
at the Association’s annual meeting, shall take office on January 1 of the calendar year
following election, and shall hold office until such time as their successors take office or
are appointed. An elected president shall not be permitted to succeed himself/herself to
that office. Except as provided in this Article, should vacancies occur in either office of the
president or vice president, the Board of Directors shall appoint persons to fill such offices
for the unexpired terms thereof.
(b) President. The president shall preside at all meetings of the Board of Directors, the
Executive Committee, and the general membership; shall appoint members of all
committees, including the chair and vice chair of each, upon recommendation from
members and regions (as communicated by the region chairs), with each such committee
chair and vice chair ratified by the Board of Directors; and shall perform all other duties
necessary to carry out the functions of the office. The president shall be a non-voting ex
officio member of each committee, but shall not be an ex officio member of the
NominatingElection Committee or the region boards.
The president may be expelled from office with or without cause, upon the satisfaction
of the following two events: (1) a two-thirds vote of the Board of Directors; and (2) a
subsequent simple majority vote of the members of the Association during a meeting of
the membership.
(c) Vice President. The vice president shall, in the absence of the president, assume all of the
duties of that office and, if a vacancy occurs, succeed thereto for the unexpired term. The
vice president shall sit as a member of the Executive Committee of the ACWA Joint Powers
Insurance Authority and shall perform such other duties as assigned by the president.
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Executive Director/Secretary and Controller/Treasurer.
(a) General. The executive director/secretary and controller/treasurer of the Association
shall also be officers of the Association. The executive director/secretary shall be
appointed by and hold office at the pleasure of the Board of Directors of the Association.
(b) Executive Director/Secretary. The executive director/secretary shall: (1) advise and assist
the Board of Directors, all committees, the boards of each region, and the workgroups of
each region; (2) be responsible for administering the total operations of the Association;
(3) employ, direct, and release all employed staff in accordance with the policies adopted
by the Board of Directors and consistent with the budget adopted by the Board of
Directors; (4) provide relevant information to the Board of Directors needed by the Board
to take actions; (5) give members notice and record minutes of all meetings of the
membership, Board of Directors, and Executive Committee; and (6) have such other
powers and perform such other duties as may be provided and assigned by the Board of
Directors directly or through the president of the Board or the Executive Committee. The
executive director/secretary, with the assistance of the controller/treasurer, shall render
a report to the Board of Directors at the first meeting following the close of each calendar
year showing the membership of the Association, the receipts and expenditures during
the year, and the work accomplished during the previous year.
(c) Controller/Treasurer. The controller/treasurer shall report to and act under the direction
of the executive director/secretary. The controller/treasurer shall be a signatory on all
accounts held by the Association and shall act as a fiduciary for all assets of the
Association.
ARTICLE 4Article 4 – Board of Directors
Membership. The Board of Directors shall consist of:
(a) The Association president and vice president.
(b) The chair and vice chair of each region.
(c) The chair of each standing committee.
(d) The most immediate active past president.
(e) The vice president of the ACWA/Joint Powers Insurance Authority.
Term of Office. The term of office of all members of the Board of Directors shall
commence on January 1 of the calendar year following election of the president and vice president, except
for those persons who serve on the Board of Directors by nature of their position as chairs of standing
committees, whose terms shall instead commence upon their ratification by the Board of Directors.
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Except as provided in Article 4, Section 11, the term of office for all members of the Board of Directors
shall terminate on December 31 of the following odd-numbered year two years later, or until their
successors take office.
Attendance Requirement. Any member of the Board of Directors who misses two
consecutive regular Board meetings without being excused by the Board will no longer be a member of
the Board of Directors.
Regular Meetings. Regular meetings of the Board of Directors shall be held bimonthly at
such times and places as the Board may determine.
Special Meetings. Special meetings may be called by the president upon the president’s
own volition or shall be called by the president when requested in writing by five directors. Prior to
conducting such a special meeting, the president shall consult with the Executive Committee to ensure
that adequate information is available to the Board of Directors for any necessary decisions; and where
such meeting is called upon the president’s own volition, the president shall also consult with the
Executive Committee as to the necessity of the special meeting. Notice for special meetings shall be
provided in the following manner: (1) upon 10 days’ written notice sent by mail to each director and
addressed to each at the address as shown upon the records of the Association; or (2) upon 48 hours’
notice with notice provided by electronic means. When the meeting is called upon the president’s own
volition, the president shall choose the form of notice; when the meeting is called by a request of five
directors, the five directors shall choose the form of notice and the president shall promptly call the
meeting. No business except those items described in the notice shall be transacted at any special
meeting, except by consent of three-fourths of the members of the Board of Directors present.
Meeting Requirements and Quorums. Meetings by Electronic Communication. Any
meeting, regular of the Board of Directors, region boards, or special,any committee may be
heldconducted, in personwhole or in part, by telephone conference, web video conference, or other ,
electronic transmission, or by electronic video screen communication. A member of the Board of
Directors, a region board, or electronic transmission.any committee shall be deemed present in person at
the meeting if the following apply:
(a) Each director, region board, or committee member participating in the meeting can
communicate concurrently with all other directors, region board, or committee members.
(b) Each director, region board or, committee member is provided the means of participating
in all matters before the board, region board, or committee, including the capacity to
propose, or to interpose an objection to, a specific action to be taken by the Association.
Quorum. At any meeting of the Board of Directors, the attendance of 50 percent of the
voting members of the Board of Directors, or their permitted alternates as specified in these bylaws, shall
constitute a quorum for the transaction of any business. The Board may hold a closed session for
discussion of personnel matters or enforcement of violations of the code of conduct.
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Alternates. Each region shall designate an alternate for each chair and vice chair, who
shall meet the qualification requirements for chair and vice chair, to act at meetings of the Board of
Directors when the chair or vice chair is unable to attend. The vice chair of each standing committee will
be the alternate to act at meetings of the Board of Directors when the standing committee chair is unable
to attend. An alternate may not act or vote on behalf of more than one member of the Board of Directors.
A member of the Board of Directors may not act as an alternate for any other member.
Vacancies for Standing Committee Chairs and Vice Chairs. Should a vacancy occur in the
office of any standing committee chair or vice chair before the end of the term, the president shall appoint
a new committee chair or vice chair to fulfill the unexpired term of such committee chair or vice chair
subject to ratification by the Board of Directors. A vacancy in the office of any such standing committee
chair or vice chair as described in the previous sentence shall be deemed to exist when the chair or vice
chair: (1) resigns the office; (2) no longer is an officer, employee, or member of the governing body of a
member agency of the Association, or other representative duly designated by a member agency of the
Association to represent that member; or (3) is otherwise removed by a member agency of the
Association.
Duties, Authorities, and Delegation. Subject to the provisions and limitations of California
Nonprofit Corporation Law, other applicable laws, and the provisions of these bylaws, the Association’s
activities and affairs are to be exercised by or under the direction of the Association’s Board of Directors.
The Board of Directors is responsible for the overall supervision, control, and direction of the Association.
The Board of Directors shall: (1) employ and release the executive director/secretary; (2) set performance
expectations for the executive director/secretary; (3) receive, review, and consider approval of executive
director/secretary recommended compensation, other terms and conditions of employment, and annual
evaluations as prepared by the Executive Committee; (4) annually adopt a budget; and (5) set the level of
dues for the Association. Except as to the duties listed in the previous sentence, and subject to Article 3,
Section 2, the Board of Directors may delegate the supervision, control, and direction of the Association’s
affairs to any person or group, including a committee, provided the Association Board retains ultimate
responsibility for the actions of such person or group. Where such powers are delegated, the delegation
shall be documented in writing.
Immediate Past President. The immediate past president automatically assumes this
position after serving as the Association’s elected president and is a voting member of the Board of
Directors and Executive Committee. The term of office for the immediate past president shall commence
on January 1 of the calendar year following election of the president and vice president and shall
terminate on December 31 of the following odd-numbered year two years later. In the event the most
immediate active past president is unavailable to serve, the most recent and available active past
president in succession shall serve in this capacity.
Code of Conduct of Board Members.
(a) Code of Conduct: Purpose and Adoption. The Board of Directors shall establish, and
update as appropriate, a code of conduct for its Directors that recognizes the
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Association’s commitment of integrity, respect, and fair representation to its members
and the public they serve and establishes minimum ethical standards for the performance
of the duties of office. The code shall be consistent with the procedural processes
contained in this section. The code shall be distributed to all new Directors and shall be
distributed annually to all members of the Association.
(b) Violations and Enforcement Process. A violation of the code of conduct may result in
removal, public censure, or private reprimand of a Director, or such other action as
contained in the code of conduct. However, removal and public censure shall be reserved
only for serious violations. A Director may not be removed or publically censured absent
an affirmative vote of two-thirds of the voting members of the Board of Directors. A
Director may be privately reprimanded for a violation of the code of conduct upon the
majority vote of the quorum. Complaints of violation of the code of conduct may be filed
with the president, or the vice-president if the allegations are made against the president.
The president may refer a complaint of violation to the executive director/secretary for
investigation. The executive director/secretary may retain a special investigator or special
counsel to conduct or assist the investigation. A Director accused of a violation shall be
provided a copy of the complaint. A Director that takes any hostile or retaliatory action,
directly or indirectly, against a complainant is subject to removal from the Board in
conformance with the process identified above. Prior to scheduling a Board action on a
complaint, the president shall consult with the Executive Committee and the chair of the
Legal Affairs Committee. A Director accused of a violation of the code of conduct shall be
provided at least 15 days’ written notice of any meeting of the Board at which a
determination of enforcement will be considered. A determination of enforcement may
be made only at a regular meeting of the Board and shall be made in closed session. The
determinations of the Board under this section shall not be admissible in any criminal or
civil proceeding brought against the Director for conduct that violates any other law.
ARTICLE 5Article 5 – Regions
Boundaries of Each Region.
(a) There shall be a maximum of 10 regions within the state. The Board of Directors shall
determine the regional boundaries. Insofar as is practicable, the regions shall have a
numerical balance in members of the Association; make geographic sense; and promote
regional problem solving.
(b) A member of the Association may file a written petition to the Board of Directors
requesting a change in regions. Such petition shall set forth the reasons for such
requested change. The Board shall, within a reasonable time, act upon such petition and
set forth the reasons for its action. Such action by the Board shall be based on factors in
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Section 5.01(a) above, as well as others deemed by the Board of Directors to be relevant
to the decision.
Officers.
(a) The officers of each region shall be a chair and vice chair and three to five region board
members who shall be elected by the region by September 30, or the preceding Friday if
September 30 falls on a weekend, of in each odd-numbered yearsyear. A region may
maintain a board of fewer than five but not less than three members as provided in the
region’s rules and regulations. The officers of the region board shall take office on January
1 of the calendar year following election and shall hold office for two years, or until their
successors take office. Regions shall hold elections by electronic ballot. ACWA staff shall
verify the legitimacy of the ballots.
(b) The officers of each region shall: (1) exercise the powers and perform duties of the region
during the interim between region meetings; and (2) make recommendations to the
president regarding appointments to committees. The chair and vice chair shall be the
region’s representatives to the ACWA Board of Directors.
(c) Each officer of a region shall be an officer, employee, or member of the governing body
of a member agency of the Association, or other representative duly designated by a
member agency of the Association to represent that member at the time of the
appointment. Where an individual ceases to meet these criteria during the term of the
office, the individual may not serve during the remaining term of that office unless that
individual can again meet the criteria for the office and is appointed to complete the term.
The region board may adopt more stringent criteria for board member qualifications as
part of the region’s rules and regulations.
(d) Should a vacancy occur in any of the region board positions before the end of the term,
the remaining members of the region board shall appoint a new member. A vacancy in
the office of any region board position shall be deemed to exist when a region board
member: (1) resigns the office; (2) no longer is an officer, employee, or member of the
governing body of a member agency of the Association, or other representative duly
designated by a member of the Association to represent that member; or (3) is otherwise
removed by a member agency of the Association.
Nominating Committees. There shall be a nominating committee for each region
consisting of three or more designees, each representing a member of the Association located within the
region, appointed by the chair of the region and approved by the region board. Nominating committees
shall be formed by February 28 of each odd-numbered year. The nominating committee shall announce
its nominations for chair, vice chair, and region board members by August 1 of an election year. All regions
must complete the election process by September 30 of the election year, or the preceding Friday if the
September 30 falls on a weekend.
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Meetings. The meetings of each region shall be held at both the spring and fall
conferences and at such other times and places as may be determined by the region chair.
Representatives of five or more members of the Association from the region present at any region
meeting shall constitute a quorum for purposes of conducting the business of the region. Any meeting,
regular or special, may be held in person or by telephone conference, web video conference, or other
electronic video screen communication or electronic transmission, as set forth in Section 4.06.
Workgroups. Workgroups may be appointed by the region chair as needed.
Rules. Each region shall organize and adopt rules and regulations for the conduct of its
meetings and affairs not inconsistent with the Articles of Incorporation or bylaws of the Association. Each
region shall abide by the code of conduct adopted by the Board of Directors of the Association.
ARTICLE 6Article 6 – Executive Committee
Membership. There shall be an Executive Committee consisting of the following: the
president of the Association, who shall be the chair thereof; the vice president; the most immediate active
past president; the chair of the Finance Committee; and three at-large representatives selected from and
by the members of the Board of Directors. The election of the three at-large representatives to the
Executive Committee shall occur at the first Board of Directors meeting held in each even-numbered year
and the elected representatives shall serve immediately following their election and until such time as
their successors take office. To the extent practical, the Executive Committee should be constituted so as
to reflect the geographic extent of the Association and the functions of the members of the Association.
Powers. The Executive Committee shall have the following authority:
(a) Personnel. Subject to the budget adopted by the Board of Directors, the Executive
Committee shall perform the following personnel actions: (1) recommend compensation
for the executive director/secretary to the Board of Directors for approval; (2) perform
annual reviews of the executive director/secretary and submit that review to the Board
of Directors; (3) review and approve the classification and compensation plan and publicly
posted salary schedule for Association employees submitted by the executive
director/secretary, which shall be reviewable by the Board of Directors, in closed session,
upon request of the Board of Directors; (4) establish personnel policies for the conduct
and behavior of employees, which shall be reviewable by the Board of Directors; and (5)
undertake such other personnel actions as may be requested by the executive
director/secretary in support of his or her oversight of all other personnel matters, which
shall be reviewable by the Board of Directors, in closed session, upon request of the Board
of Directors.
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(b) Delegation. The Executive Committee may act pursuant to any authority specifically
delegated to it by the Board of Directors. The delegation shall indicate whether the
authority is still subject to the ultimate authority of the Board.
(c) Authority to Act Between Meetings. The Executive Committee may act for the Board of
Directors between Board meetings when calling a special meeting of the Board of
Directors is impracticable, provided that no such action of the Executive Committee shall
be binding on the Board of Directors until authorized or approved by the Board. The
Executive Committee has the authority to authorize actions recommended by the Legal
Affairs Committee (such as the filing of letter briefs and amicus curiae briefs) by electronic
means without the need for an in-person or telephonic meeting, but such actions shall be
ratified by the Board of Directors at its next meeting.
Reporting. The president, or any person designated by the president, shall report to the
Board of Directors, at each regular Board meeting, any action taken by the Executive Committee since the
last preceding regular Board meeting. The minutes of Executive Committee meetings, which at that time
may still be in draft form, shall be mailed (using the U.S. Postal Service, express delivery, electronic means,
or otherwise) to each member of the Board of Directors at least five days prior to Board meetings, except
in cases in which the Executive Committee meets during or immediately prior to a conference of the
Association or immediately prior to a Board meeting, in which case the minutes, which may still be in draft
form, shall be mailed to each director promptly thereafter.
Meetings. The Executive Committee shall hold regularly scheduled meetings as set by the
president. Special meetings of the Executive Committee may be called by the president upon notice to
the members of that committee or upon written request of three Executive Committee members. Notice
for special Executive Committee meetings shall be provided to the entire Board: (1) upon five days’ written
notice sent by mail, or (2) upon 24 hours’ notice with notice provided by electronic means; and all such
meetings shall be open to the Board of Directors. Any meeting, regular or special, may be held in person
or by telephone conference, web video conference, or other electronic video screen communication or
electronic transmission., as set forth in Section 4.06. All members of the Board of Directors may attend
any meeting of the Executive Committee. Meetings of the Executive Committee may be closed to others
at the discretion of the president or committee. Only members of the Executive Committee are allowed
to vote on matters at a meeting of the committee.
Minutes. The minutes of the Executive Committee meetings shall be kept by the
executive director/secretary at the Association’s principal office. Actions of the Executive Committee shall
be reported to the Board of Directors as provided in Section 3 of this Article and shall be available to any
member of the Board of Directors upon request to the executive director/secretary.
ARTICLE 7Article 7 – Standing Committees
Qualification. In order to serve on any ACWA standing committee, an individual must be
an officer, employee, or member of the governing body of a member agency of the Association, or other
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representative duly designated by a member agency of the Association to represent that member at the
time of the appointment. Where an individual ceases to meet these criteria during the term of the
appointment, the individual may not serve during the remaining term of that appointment unless that
individual can again meet the criteria for appointment and is appointed to complete the term.
Term of Office. The term of office of standing committee members shall be two years
commencing on January 1 of each even-numbered year. The term of office of standing committee chairs
and vice chairs shall be approximately two years and shall commence as soon after January 1 of the even-
numbered year as they may be appointed by the president and ratified by the then-seated Board of
Directors, and shall terminate on December 31 of the odd-numbered year approximately two years later
or until their successors are appointed and ratified.
Meetings. Meetings of standing committees may be called at such times and places
designated by the respective chair thereof except where provided otherwise by these bylaws. Any
meetings of standing committees may be conducted, in whole or in part, by electronic transmission or by
electronic video screen communication, as set forth in Section 4.06. Subject to the provisions of these
bylaws and any actions that may be taken by the Board of Directors, the chairs of each standing committee
may establish their own rules for the efficient operation of the committee they each chair. The chairs of
each standing committee are authorized to create subcommittees and workgroups in order to complete
the work of the committee.
Committee Composition. Each limited standing committee shall have a membership
composition that is comprised of members in the quantity and with qualifications as defined by the
provisions of these bylaws. The committee chair position shall not be included in the maximum count for
determining the committee composition total of any given limited committee. The committee chair shall,
however, be a voting member of their respective committees subject to the rules and procedures of each
committee. If the chair is absent, the vice chair shall fill the role of the chair during such absence.
Agriculture Committee. There shall be an Agriculture Committee whose duty it shall be
to recommend Association policy, positions and programs to the Board of Directors, State Legislative
Committee, Federal Affairs Committee or other committees, as appropriate, regarding agricultural issues
affecting the interests of ACWA and its members. The committee shall consist of at least one member
from each region.
Business Development Committee. There shall be a Business Development Committee
whose duty it is to develop and recommend to the Board of Directors programs and activities to be
provided or administered by the Association that generate non-dues revenue and provide a service or
benefit to member agencies. The committee shall consist of at least one member from each region and
may include members from any of the other standing committees.
Communications Committee. There shall be a Communications Committee whose duty
it shall be to develop and make recommendations to the Board of Directors regarding a comprehensive
internal and external communications program for the Association and to promote development of sound
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public information and education programs and practices among member agencies. The committee shall
consist of no more than 40 members. The committee shall consist of at least one member from each
region.
Energy Committee. There shall be an Energy Committee whose duty it shall be to
recommend policies and programs to the Board of Directors and to the State Legislative Committee
and/or Federal Affairs Committee as appropriate. The committee shall consist of at least one member
from each region.
Federal Affairs Committee. There shall be a Federal Affairs Committee whose duty it shall
be to review all federal legislative proposals and regulatory proposals affecting member agencies, after
consulting with other appropriate committees, and to develop Association positions consistent with
existing policy, where it has been established; recommend sponsorship of bills that will resolve problems
or improve conditions for member agencies; and assist in the establishment of the Association’s federal
legislative program. The committee shall consist of at least one, but no more than five members from
each region.
Finance Committee. There shall be a Finance Committee whose duty it shall be to make
recommendations to the Board of Directors regarding annual budgets, dues formula and schedules and
other revenue-producing income, annual audit and selection of an auditor, and investment strategies. The
committee shall consist of the president and vice president of the Association as ex officio members,
either the chair or vice chair from each of the Association’s 10 region boards, and one additional member
from each region with experience in financial matters.
Groundwater Committee. There shall be a Groundwater Committee whose duty it shall
be to recommend policies and programs to the Board of Directors and to the State Legislative Committee
and/or Federal Affairs Committee as appropriate. The committee shall consist of at least one member
from each region.
Legal Affairs Committee. There shall be a Legal Affairs Committee whose duty it shall be
to support the mission of the Association, and more particularly to deal with requests for assistance
involving legal matters of significance to member agencies, including but not limited to state and federal
court litigation, water rights matters, selected regulatory and resources agency matters, proposed bylaw
revisions, review of legislation as requested by the State Legislative Committee, etc. The committee shall
consider matters and issues submitted to it in order to determine which ones are of major significance to
the member agencies and, assuming a finding of major significance, recommend to the Board of Directors
the position(s) which the committee believes the Association should take with respect thereto. The
committee shall be composed of between 34 and 44 attorneys, each of whom shall be a member of the
California Bar and shall be, or act as, counsel for a member agency, representing diverse interests within
the Association, including but not limited to, different geographical areas throughout the state, large and
small agencies, agricultural and urban agencies, agencies created under the various enabling statutes, etc.
The committee shall consist of at least one member from each region.
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Local Government Committee. There shall be a Local Government Committee whose
duty it shall be to recommend policies to the State Legislative Committee, as appropriate, and Board of
Directors on matters affecting water agencies as a segment of local government in California. The
committee shall consist of at least one, but no more than three members from each region.
Membership Committee. There shall be a Membership Committee whose duty it shall be
to assist staff in developing membership recruitment and retention programs, make recommendations to
the Board of Directors regarding membership policies, eligibility, and applications for membership and
review and make recommendations to the Finance Committee regarding an equitable dues structure. The
committee shall consist of at least one member from each region.
State Legislative Committee. There shall be a State Legislative Committee whose duty it
shall be to review all state legislative proposals affecting member agencies and to establish Association
positions, consistent with existing policy, where it has been established; sponsor bills that will resolve
problems or improve conditions for member agencies; and assist in the establishment of the Association’s
legislative program. The committee shall consist of members representing a variety of types of member
agencies and at least one, but no more than four members from each region.
Water Management Committee. There shall be a Water Management Committee whose
duty it shall be to recommend policy and programs to the Board of Directors on any area of concern in
water management. The committee shall consist of at least one, but no more than four members from
each region.
Water Quality Committee. There shall be a Water Quality Committee whose duty it shall
be to develop and recommend Association policy, positions, and programs to the Board of Directors, to
promote cost-effective state and federal water quality regulations that protect the public health, to
enable interested member agencies to join together to develop and coordinate with other organizations,
and to present unified comments regarding agricultural and domestic water quality regulations. The
committee shall consist of at least one member from each region.
ARTICLE 8Article 8 – Special Councils, Committees, and Task Forces
Council of Past Presidents. There shall be a Council of Past Presidents composed of all
past presidents of the Association who serve on the council until each is no longer able to or wishes to
serve. The council shall provide a mechanism for past presidents to continue to make valuable
contributions to the Association. With approval of the Board of Directors, the president and/or executive
director/secretary may assign specific responsibilities to the council from time to time. Members of the
Council of Past Presidents are invited to attend and participate in the Association’s Board meetings.
Section 8.02. Nominating Election Committee. There shall be a Nominating an Election Committee
consisting of five or more persons appointed by the president prior to the Association’s fall
conferenceeleven representatives established by February 28 of in each odd-numbered year, whose
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purpose shall be to nominatepresent qualified individuals for the offices of president and vice president
of the Association. The NominatingElection Committee shall publish its nominations for the offices of vet
all candidates to determine if the eligibility criteria have been met. The Election Committee will endorse
a preferred candidate for president and vice president of the Association not less than 10 or more than
90 days before the membership meeting is held at fall conference. Additional nominations may be made
by any member of the Association presenting an open ballot with all qualifying candidates to the members
for candidates for the office of president a vote in the manner set forth in Section 9.10 and vice president.
Additional nominationsSection 9.11.
(a) Selection. The Election Committee shall be made selected in the following manner:
(1) Each of the 10 currently seated Region Boards in the odd-numbered year shall appoint a
representative from the floor their respective regions to serve on the Election Committee.
(2) One representative appointed by the president in the odd-numbered year shall also serve
on the Election Committee. Neither the president nor the vice president qualifies to be
appointed to this position.
(b) Qualification. In order to serve on the Election Committee, an individual must be an officer,
employee, or member of the governing body of a member agency of the Association, or other
representative duly designated by a member agency of the Association to represent that member
at the time of the appointment. Where an individual ceases to meet these criteria during the
election of president and vice president at the membership meeting scheduled for said purposes
cycle, the individual may not continue to serve. When the disqualified member represented a
Region Board, the affected Region Board shall select a replacement representative. When the
disqualified member represented the President, the President shall select an alternate
representative.
Section 8.03. Other Committees and Task Forces. Other committees and task forces may be appointed
by the president from time to time as needed, consistent with and supportive of the mission of the
Association.
ARTICLE 9Article 9 – Meetings of Members
Meetings. Meetings of the members of the Association shall be held at the Association’s
conferences at such times as may be determined by to provide a report to the Board of Directors to
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conduct necessary business and to electmembers on the Association’s activities during the past year,
provide an overview of the Association’s finances, announce the newly elected president and vice
president, which occurs at of the fall conferenceAssociation in each odd-numbered year., and to transact
such other proper business as may come before the meeting.
Special Meetings. Special meetings of the members of the Association may be called by
the Board of Directors, the president of the Board of Directors, or by 5 percent or more of the members
of the Association. Except when called by the Board, a request for a special meeting must be in writing
and must be delivered in person or mailed by first-class mail addressed to the president of the Board at
the principal office of the Association, with a copy to the executive director/secretary. The request must
state the general nature of the business proposed to be transacted at the meeting.
A special meeting that has been called by written request of 5 percent of the member agencies of the
Association to the Board of Directors shall be set by the Board of Directors on a date that is not less than
35 or more than 90 days after receipt of the request.
Meetings by Remote Communication. Any meeting of the members may be conducted,
in whole or in part, by electronic transmission by and to the Association or by electronic video screen
communication. The member shall be deemed present in person at the meeting if the following apply:
(a) The Association implements reasonable measures to provide the member a reasonable
opportunity to participate in the meeting and to vote on matters submitted to the
members, including an opportunity to read or hear the proceedings of the meeting
substantially concurrently with those proceedings.
(b) If any member votes or takes other action at the meeting by means of electronic
transmission to the Association or electronic video screen communication, a record of
that vote or action is maintained by the Association.
(c) The Association verifies that each person participating remotely is an authorized
representative of a voting member.
Notice Requirements for Membership Meetings. Written notice of any
membership meeting shall be given to each voting member of the Association. The notice shall state the
date, time, and place of the meeting; the means by which members may participate; and the general
nature of the business to be transacted. The notice of any meeting at which Board officers are to be
formally nominated and elected shall include the names of the recommended slate of candidates for the
offices of president and vice president in addition to the election procedures. The member notification
information shall also be posted on the Association’s website.
Except as otherwise provided in these bylaws or California law, a written notice of regular membership
meetings shall be given not less than 10 or more than 90 days before the date of the meeting to each
member who, on the record date for notice of the meeting, is entitled to vote; provided, however, that if
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notice is given by mail, and the notice is not mailed by first-class, registered, or certified mail, that notice
shall be given not less than 20 days before the meeting.
Notice Requirements for Special Meetings. The executive
director/secretary shall cause notice to be given to all members of the Association of the date, time, and
place of the meeting and the general nature of the business to be transacted at the meeting. No business
except that specified in the request and notice may be transacted at said special meeting. If notice of the
requested special meeting is not given within 20 days after receipt of the request, the person or persons
requesting the meeting may give the notice.
Voting. Each member of the Association in good standing at the time of
the annual or special meeting shall be entitled to one vote that shall be cast by its authorized
representative. Each member must designate its authorized representative prior to the annual or special
meeting. It is the member’s responsibility to designate or update its authorized representative as needed.
The Association may confirm with any member the identify of that member’s authorized representative
for the purpose of casting ballots in any election of president and vice president. All questions, except
amendments or revisions of these bylaws, shall be determined by a majority of the members present and
voting. A roll call may be requested by any authorized representative.
Amendment of Bylaws. These bylaws may be amended or revised by
two-thirds of the member agencies of the Association present and voting at any meeting.
Quorums. The presence of the authorized representative of 50 members
of the Association at any meeting of the members shall constitute a quorum for transacting business.
Written ballots timely received from the authorized representative of 50 members shall constitute a
quorum for elections of president and vice president.
Amendments, Revisions, and Resolutions. Before any amendments or
revisions to the bylaws, or resolutions, may be considered at any meeting of the Association, any such
amendment, revision, or resolution shall be submitted to the executive director/secretary at least 90 days
prior to the first day of such meeting. The executive director/secretary shall promptly distribute any
proposed amendments or revisions to the Legal Affairs Committee for the Legal Affairs Committee to
develop an unbiased analysis of the amendments or revisions. Following development of an analysis for
the proposed amendments or revisions, the executive director/secretary shall distribute copies of any
resolutions, amendments or revisions, including any applicable analyses, to all members of the Association
not less than 10 days or more than 90 days prior to presentation at such meeting. The written notice of
the membership meeting shall be given to each voting member of the Association consistent with the
provisions defined in Section 39.04. The 90-day rule may be suspended at any meeting of the Association
by consent of three-fourths of the members present. Voting on resolutions, amendments, or revisions
shall proceed as provided by Sections 59.06 and 6 of this Article9.07.
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Nomination of President and Vice President.
(a) Qualification. At the time of their election, the president and vice president of the
Association shall each be an elected or appointed member of the governing body or
commission (as appropriate) of a member agency of the Association.
(b) Nominating Committee ProcessResolutions. All nominations for the positions of
president and vice president shall be accompanied by an official resolution from the
Association member agency on whose board the nominee serves. Said resolution shall be
signed by an authorized signatory of the member agency’s Board of Directors.
Section 9.09 (a) Nominations from the Floor. Additional nominations may be made by any member of the
Association for the office of president and vice president. Said nominations and seconds shall be
made from the floor during the election of the offices of president and vice president at the
membership meeting scheduled for said purposes (as provided for in the penultimate sentence
of Article 8, Section 2). Such nominations and seconds shall be made by a member of the
Association and must be supported by a resolution of the governing body of the member making
and seconding such nomination. The member agency on whose board the nominee serves shall
submit a resolution of support if they are not the agency making the floor nomination or second.
Election of President and Vice President. Each member of the Association in good
standing at the time a vote is cast is entitled to one vote for election of the president and vice president
that shall be cast by its authorized representative by written ballot. The ballot and any related material
may be sent by first class, registered, or certified mail or electronic transmission by the Corporation that
meets the requirements of Corporations Code section 20, and responses may be returned to the
Corporation by mail or electronic transmission. On any written ballot for the election of president or vice
president, an authorized representative acting on behalf of the member may write in a qualified candidate
for election.
Write-In Candidates. If a write-in candidate prevails in any election for president or vice
president, such individual shall not be officially elected into such position until the Election Committee
confirms that the individual meets the eligibility criteria and qualifications requirements.
Run-off Election for President and Vice President. In the event a nominee does not
receive a majority of the votes for president or vice president, a run-off election shall be held for the office
or offices for which a majority of the votes have not been received. The run-off election shall only involve
the nominees who received the two highest amounts of votes. The run-off election shall be conducted in
the same manner as the initial election.
Additional Procedures for Election of Officers.President and Vice
President. The Board shall have the authority to develop additional proceduresadopt policies for elections
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(“Election Policy”) of president and vice president setting forth the details for the election of such
positions when not otherwise contrary to or covered by these bylaws.
ARTICLE 10Article 10 –Indemnification of Directors, Officers, and Other Agents
Right of Indemnity. To the fullest extent permitted by law, this Corporation shall
indemnify its Directors, Officers, employees, and other persons described in Section 7237(a) of the
California Corporations Code, including persons formerly occupying any such position, against all
expenses, judgments, fines, settlements and other amounts actually and reasonably incurred by them in
connection with any “proceeding,” as that term is used in that Section, and including an action by or in
the right of the Corporation, by reason of the fact that the person is or was a person described in that
section. "Expenses," as used in this bylaw, shall have the same meaning as in Section 7237(a) of the
California Corporations Code.
Approval of Indemnity. On written request to the Board by any person seeking
indemnification under Section 7237(b) or Section 7237(c) of the California Corporations Code, the Board
shall promptly determine under Section 7237(e) of the California Corporations Code whether the
applicable standard of conduct set forth in Section 7237(b) or Section 7237(c) has been met and, if so, the
Board shall authorize indemnification.
Advancement of Expenses. To the fullest extent permitted by law and except as
otherwise determined by the Board in a specific instance, expenses incurred by a person seeking
indemnification under these bylaws in defending any proceeding covered by those Sections shall be
advanced by the Corporation before final disposition of the proceeding, on receipt by the Corporation of
an undertaking by or on behalf of that person that the advance will be repaid unless it is ultimately
determined that the person is entitled to be indemnified by the Corporation for those expenses.
Insurance. The Corporation shall have the right to purchase and maintain insurance to
the full extent permitted by law on behalf of its Officers, Directors, employees, and other agents, against
any liability asserted against or incurred by any officer, director, employee, or agent in such capacity or
arising out of the officer’s, director’s, employee’s or agent’s status as such.
ARTICLE 11Article 11 – - Miscellaneous
Conduct of Meetings. All meetings of the Association shall be conducted in accord with
the code of conduct and in substantial accordance with the latest edition of Robert’s Rules of Order Newly
Revised unless the Board adopts alternate rules of conduct for itself and/or its committees, region boards,
and region workgroups.
Funds. The funds of the Association shall be used to further the aims and purposes of this
Association. They shall be kept by the controller/treasurer and paid out by checks or other electronic
means, which shall only be valid with two authorized signatures. The Board of Directors shall designate
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by resolution which persons, other than the controller/treasurer, may sign for expenditures. The Finance
Committee shall implement procedures to ensure necessary internal controls over the receipt and
expenditures of Association funds and arrange for an external audit. Audit reports shall be presented to
the Board of Directors.
Disposition of Assets upon Dissolution. The Association’s properties and assets are
irrevocably dedicated to the fulfillment of the Association’s purposes as described in Article 2 of the
Articles of Incorporation. No part of the Association’s net earnings, properties and assets, on dissolution
or otherwise, may inure to the benefit of any private person. Upon the dissolution of the Association, all
debts thereof shall be paid and its affairs settled, and all remaining assets shall be distributed to the
Association’s member political subdivisions for a public purpose, consistent with the provisions of the
California Nonprofit Corporation Law relating to public mutual benefit corporations then in effect and
with the Articles of Incorporation.
Definitions. As used in these bylaws, the term “notice provided by electronic means” shall
refer to notice given by fax or e-mail.
Amended comprehensively December 1, 2010
Amended May 9, 2012
Amended May 7, 2014
Amended December 2, 2015
Amended November 29, 2017
Amended & Restated ______, 2022
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ITEM NO. 10.1.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT: Director's Reports
The Directors will report on their attendance at the following events:
OCTOBER
YLWD/City of Placentia Joint Agency Committee - October 25, 2022 (Jones/Lindsey)
MWDOC/OCWD Joint Planning Committee - October 26, 2022 (Miller/DesRoches)
OC Sanitation - October 26, 2022 (Jones)
YL Planning Commission - October 26, 2022 (Hawkins - As Needed)
ISDOC Quarterly Meeting - October 27, 2022 (Jones)
November
ISDOC Executive Committee - November 1, 2022
YL City Council - November 1, 2022 (Lindsey)
MWDOC Board - November 2, 2022 (Miller/Lindsey)
OCWD Board - November 2, 2022 (Jones/DesRoches)
WACO - November 4, 2022 (Lindsey)
YLWD/City of YL Joint Agency Committee - November 7, 2022 (Miller/Lindsey)
OC LAFCO - November 9, 2022
YL Planning Commission - November 9, 2022 (Hawkins - As Needed)
WACO Planning Committee - November 15, 2022
State of OC Sanitation - November 15, 2022 (Hawkins/Jones)
SAWPA Commission - November 15, 2022
YL City Council - November 15, 2022 (DesRoches)
MWDOC Board - November 16, 2022 (Miller/Lindsey)
OCWA Webinar - November 16, 2022 (Jones/Lindsey/Miller)
OCWD Board - November 16, 2022 (Jones/DesRoches)
OC Sanitation - November 16, 2022 (Jones)
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ITEM NO. 10.2.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Mark Toy, General Manager
SUBJECT: General Manager's Report
A brief update on District activities and matters of interest as of November 8, 2022.
General Manager
1. Since our last board meeting, I have continued to place an emphasis on partnerships by
meeting with YLWD stakeholders. In particular, I met individually with both City Administrators
for Yorba Linda and Placentia in order to discuss items of mutual interest and concern.
Moreover, the resumption of Joint Agency Committee Meetings with both cities has cemented
positive relationships moving forward.
2. Incremental work continues in our “Taking Care of People” committee with innovative initiatives
underway in our sub-committees. In particular, we will soon unveil our new “Employee of the
Quarter and Employee of the Year” Awards Policy; the intent is to award our first “Employee of
the Quarter” recipient in January 2023 at a YLWD Town Hall.
3. Our partnership with the Metropolitan Water District (MET) continues with more in-depth
planning between our respective staff. MET engineers and program managers conducted a
site visit to our existing helicopter hydrant at Camino de Bryant in order to prepare for the
design and construction of the new helicopter hydrant at the Diemer Water Treatment Plant.
The Memorandum of Understanding (MOU) is still under review by MET counsel and will
hopefully be finalized by the end of the calendar year.
4. I participated in the kick-off meeting regarding the Compensation Study that Koff and
Associates (K&A) is conducting for the YLWD. K&A noted that it will take approximately 10
weeks to complete the project. The first order of business is identifying the comparable
agencies that K&A will use to form the basis of comparison. On 11/7, the executive staff
finalized our list of nine (9) agencies, and we will transmit this information to K&A as soon as
possible.
5. For the month of November, I have speaking events at: (1) First Friday Friars (host Mayor Pro
Tem YL), (2) YL Sunrise Rotary, (3) University of California, Irvine (UCI) Water (host ACWA),
and (4) YL Chamber of Commerce.
Operations
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6. Groundwater production remained strong in October. Our groundwater production for the
month of October was 1,310.0 AF, which includes 4.63 AF of well water pumped to waste.
October groundwater total was 81.3% of supply, which brings FY YTD (BPP) GW to 81.2%.
7. During the week of November 7, 2022, Evoqua was onsite to inspect vessels in the PFAS
Treatment Plant and take a look inside to see what is accumulating in the resin beds. Once
they remove a layer of resin and conduct and analysis, we should gain some insight into the
performance of the resin and whether any changes are needed to enhance resin life and plant
production performance. The Board will be updated when results of this process are available.
8. YLWD's Surplus Property Policy requires that the Board of Directors be notified in advance of
staff declaring any property as “surplus” and sending it to auction if the expected auction value
exceeds $25,000. As such, staff is hereby notifying the Board of Directors that one hydro-
excavator truck is being declared surplus and will be sent to auction. This unit was replaced by
the new hydro-excavator that was delivered to the District last month.
Engineering
9. The District is on schedule to complete the Capital Improvement Program Projects included in
the Revenue Bonds, Series 2022A. To that end, two of the largest projects are making
significant progress. Construction of the Hidden Hills Booster Pump Station is proceeding with
no hiccups, and the Timber Ridge Booster Pump Station is under contract and ready to begin
construction.
10. The Stonehaven Water Line project is on schedule to be completed prior to the Thanksgiving
holiday.
Finance
11. NSTR
Human Resources and Risk Management
12. NSTR
Public Affairs
13. On October 22, 2022, the District held its first Open House since the onset of COVID-19.
Approximately 150 community members and interested folks attended. Thank you to the Board
members who were able to attend. A highlight video can be found at the following link:
https://www.linkedin.com/feed/update/urn:li:activity:6990749172521984000
Staff is available to answer any questions you may have regarding the foregoing.
(NSTR = Nothing significant to report.)
Page 131 of 132
ITEM NO. 12.1.
AGENDA REPORT
MEETING DATE: November 16, 2022
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT: Meetings from November 17 - December 31, 2022
November
YL Planning Commission Wed, Nov 23 6:30 PM
District Offices Closed Thu, Nov 24 7:00 AM
ACWA-JPIA Fall Conference Mon, Nov 28 8:30 AM
ACWA-JPIA Fall Conference Tue, Nov 29 8:00 AM
ACWA Regulatory Committee Meetings Tue, Nov 29 8:00 AM
ACWA Fall Conference Wed, Nov 30 8:00 AM
December
ACWA Fall Conference Thu, Dec 1 8:00 AM
ISDOC Executive Committee Tue, Dec 6 7:30 AM
SAWPA Commission Tue, Dec 6 9:30 AM
YL City Council Tue, Dec 6 6:30 PM
MWDOC Board Wed, Dec 7 8:30 AM
OCWD Board Wed, Dec 7 5:30 PM
WACO Fri, Dec 9 7:30 AM
Board of Directors Regular Meeting Tue, Dec 13 6:30 PM
OC LAFCO Wed, Dec 14 8:15 AM
YL Planning Commission Wed, Dec 14 6:30 PM
WACO Planning Committee Tue, Dec 20 7:30 AM
SAWPA Commission Tue, Dec 20 9:30 AM
YL City Council Tue, Dec 20 6:30 PM
MWDOC Board Wed, Dec 21 8:30 AM
OCWA Webinar Wed, Dec 21 12:30 PM
OCWD Board Wed, Dec 21 5:30 PM
Board of Directors Regular Meeting Tue, Dec 27 6:30 PM
OC Sanitation Wed, Dec 28 6:00 PM
YL Planning Commission Wed, Dec 28 6:30 PM
Page 132 of 132
BACKUP MATERIALS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING
YORBA LINDA WATER DISTRICT 4010-002-POL
Page 1 of 4
ENCROACHMENTS
Dept/Div: Engineering Approved By: Board of Directors
Effective Date: November 16, 2022 Applicability: District Wide
Supersedes: N/A See Also: N/A
1.0 Policy Regarding Encroachments on District Property and Property Rights
1.1 It is the policy of the Yorba Linda Water District to protect its property and property rights
(e.g. easements, licenses, etc.) from encroachments because such encroachments may
(a) violate the constitutional prohibition against the ‘gift of public funds’ under article XIV,
section 6, of the California Constitution, (b) be a trespass and/or public and private
nuisance to District real and/or personal property, (c) expose the District to liability,
and/or (d) threaten the integrity of District facilities and infrastructure that provide water
and sewer service to District customers.
2.0 Purpose of This Policy
2.1. The purpose of this Policy is to establish the procedure to mitigate or eliminate an
encroachment on District property or property rights.
3.0 Determining Whether an Encroachment Violates District Property Rights
3.1 When a potential encroachment is identified, District staff will obtain the documents that
identify the District’s ownership of the property or District property rights in which there is
a potential encroachment.
3.2 District staff, who may consult with District Counsel, will review the documents regarding
the potential encroachment to determine if the potential encroachment violates the
District’s property rights such as a trespass on District property or breach of a written
easement.
4.0 Procedure to Mitigate or Eliminate the Encroachment
4.1. If the District determines that the encroachment is a violation of the District’s property
rights, then District staff will contact the City where the property is located to determine
whether the encroachment is a result of the encroachment owner’s failure to obtain a
building permit required under the City’s municipal code. If so, District staff may ask the
City to enforce its municipal code and remove the unpermitted encroachment. If not or
the City chooses not to do so, then District staff will contact the encroaching owner of
the property and/or owner of encroaching utilities where the encroachment is located
and (a) advise the encroaching owner of the encroachment, and (b) in the District’s sole
discretion, either request the encroaching owner to remove the encroachment or sign a
Declaration of Restrictive Covenants (“Declaration”), which is described immediately
below. District staff will make at least five total attempts to contact the owner by a
combination of the following, which should include at least one of the following: email,
phone, certified mail, and in person.
REVISED ITEM NO. 9.1.
YORBA LINDA WATER DISTRICT 4010-002-POL
Page 2 of 4
4.1.1 The Declaration conditionally permits, among other terms and conditions, the
encroachment as follows: (a) the encroachment owner may continue to
encroach, but the District has the right to request removal in the event of
necessary repairs to District facilities or other actions, (b) no further
encroachments may be installed by the encroachment owner, (c) the
encroachment owner assumes full responsibility and liability, and shall pay, for
any costs or damages to District’s property or facilities arising from
encroachment, and (d) the encroachment cannot be repaired or replaced for
any reason, unless approved by the District. The District’s template for its the
District’s Declaration of Restrictive Covenants (“Declaration”), which may be
amended from time to time, is attached hereto as Exhibit A to this Policy.
4.1.4.2. If District staff receives a response from the owner, then District staff will either (a)
schedule a site inspection, if necessary, to prepare the Declaration and/or confirm the
scope of the encroachment, or (b) establish a date for when the encroachment must
be removed. Under (a), if a site inspection is not necessary, or after the site inspection is
concluded, District staff will prepare a Declaration and transmit it to the encroachment
owner for the owner’s signature. In addition to the initial transmission of the Declaration,
District staff will make at least four additional attempts to receive a signed Declaration
from the owner by a combination of the following, which should include at least one of
the following: email, phone, certified mail, and in person.
4.2.4.3. District staff will keep a chronology of communications and attempted contacts with
the encroachment owner.
4.4. If (a) District staff does not receive a response from the encroachment owner under
Sections 4.1 and 4.2, or (b) the encroachment owner rejects the District’s request to
remove the encroachment or sign the Declaration, then District staff will advise the Board
of Directors of (a) or (b) and, unless the Board directs staff differently, refer the matter to
District Counsel.
4.4.1 District Counsel will prepare at least three letters to the owner. The first and
second letter will attach a copy of the Declaration and provide the owner with
approximately two weeks to respond. The third or final letter will attach a copy of
a draft complaint and provide the owner with approximately two weeks to
respond. Each letter will be transmitted via email and U.S. mail.
4.3.4.4.2 If (a) the owner (i) does not respond to the third and final letter or (ii)
rejects the District’s request to remove the encroachment or sign the Declaration,
and (b) the District Board of Directors has authorized District counsel to initiate
litigation against the owner, then District Counsel will file and serve the complaint
against the encroachment owner.
4.5. Attached as Exhibit B is a flow chart that summarizes the above-described procedure to
mitigate or eliminate the encroachment. If there is any conflict between the flow chart
and language in this Policy, the Policy shall prevail and control.
YORBA LINDA WATER DISTRICT 4010-002-POL
Page 3 of 4
EXHIBIT A
DECLARATION OF RESTRICTIVE COVENANTS
EXHIBIT A
YL WD DoRC Rev. 11/08/22 1
RECORDING REQUESTED BY and when
recorded return to:
Yorba Linda Water District
PO Box 309
Yorba Linda, California 92885-0309
This is to certify that this Declaration of
Restrictive Covenants is presented for
recording under the provisions of Gov.
Code Sec. 27383 by the Yorba Linda
Water District in performance of an
official service thereof.
____________________________________
Richard Mark Toy
General Manager
Space Above This Line for Recorder’s Use
DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON YLWD EASEMENT)
THIS DECLARATION OF RESTRICTIVE COVENANTS (“Declaration”) is made and
effective on [DATE] by and between YORBA LINDA WATER DISTRICT (“YLWD”), a public
agency, created and operating under the authority of Division 12 of the California
Water Code, and [NAME(S)] (“Owner”). YLWD and Owner are sometimes referred to
herein individually as “Party” and collectively as “Parties”.
RECITALS
A. The Owner is the legal owner of that certain real property located at
[ADDRESS] (“Subject Property”), which is more particularly described as follows:
PARCEL X IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK XX, PAGE X OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
B. YLWD owns an Easement, as identified on a Deed of Easement, recorded
on Month Day, Year, in Book XXXX, Page XXX, Official Records of Orange County,
California (“Easement”), across a portion of the Subject Property. The Easement is
attached as Exhibit “A”. Within the Easement, YLWD owns and maintains an 8-inch
sewer main pipeline and appurtenant structures (“YLWD Facilities”).
C. The Owner desires to construct a wood deck and retain an existing
concrete driveway, concrete retaining wall, wood fence, concrete steps, orange trees,
planter and landscape (collectively herein referred to as “Improvements”) within and
along the Easement area. This Declaration prohibits Owner, without YLWD’s
authorization and a recorded amendment to this Declaration, from constructing
and/or retaining any improvements (“Unauthorized Improvements”) other than the
Improvements.
EXHIBIT A
YL WD DoRC Rev. 11/08/22 2
D. The construction, existence, and/or use of the Improvements within and
along the Easement area is hereinafter referred to as the “Encroachment”, which is
illustrated in Exhibit “B” attached hereto.
E. YLWD conditionally consents to the Encroachment as stipulated in this
Declaration. The Owner is aware and hereby acknowledges that the Encroachment
may lead to problems affecting and/or interfering with YLWD’s use of the Easement
and access to YLWD Facilities.
F. Although the construction and subsequent existence of the Improvements
within and along the Easement area may interfere or restrict YLWD’s Easement rights,
which may cause the Improvements to be damaged or demolished as authorized
under this Declaration, the Owner wishes to proceed with the Encroachment.
DECLARATION
NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms
and conditions herein, the Parties declare as follows:
1. Covenant Running with Land. This Declaration constitutes a covenant
running with the land as provided by the California Civil Code Section 1468 and shall
benefit, burden, and bind the successive owners of the Subject Property and the
Easement.
2. Successors and Assigns Obligation. Since the Owner wishes to retain the
Encroachment, this Declaration obligates the current and future owners of the Subject
Property to remedy any current and future adverse events and to fund any necessary
maintenance and repair costs on the Easement and/or Subject Property that may arise
in full or in part due to the existence, construction, or damages to the Easement and/or
YLWD Facilities caused by the Encroachment.
3. Damages to YLWD Facilities. The Owner assumes full responsibility and
liability and shall pay for any cost(s) or damage(s) to the YLWD Facilities, arising from the
Encroachment. YLWD shall not be responsible for any cost(s) or damage(s) to the YLWD
Facilities that arise from the Encroachment.
4. Damages to Third Parties. The Owner, its successors or assigns, agrees to
defend, indemnify and hold YLWD, its officers, directors, employees, agents, and
consultants, harmless against any third-party claims arising out of the Encroachment.
5. Damages to Improvements. The Owner acknowledges that the
Improvements may be damaged or demolished to permit access to, or work within and
under, the Easement area and YLWD Facilities. YLWD, its officers, directors, employees,
agents, and consultants, shall not be responsible or liable for any damage(s) to, or
demolition of, the Improvements which result from YLWD’s exercise of rights under the
Easement. The Owner, its successors or assigns, waives all known, unknown, and future
claims, liabilities, causes of action, and expenses (including, but not limited to, attorneys’
fees) against YLWD, its officers, directors, employees, agents, and consultants, for losses
and damages to the Improvements and from any obligation to protect, preserve, repair,
or replace the Improvements.
EXHIBIT A
YL WD DoRC Rev. 11/08/22 3
6. Unauthorized Improvements. Owner shall not construct and/or retain any
improvements other than the Improvements. If Owner constructs and/or retains any
improvement other than the Improvements, YLWD may (a) require the improvement to
be removed promptly at the Owner’s expense, (b) revoke the Encroachment, and/or (c)
exercise any other legal remedy available to YLWD. Such Unauthorized Improvements
shall be treated as Improvements and subject to this Declaration until YLWD makes it
election under (a), (b), and/or (c) of this provision.
GENERAL PROVISIONS
7. Recitals. The above recitals are true and correct.
8. Entire Agreement. This Declaration represents the entire and integrated
agreement between the Parties and supersedes all prior negotiations, representations, or
agreements, either written or oral.
9. Amendment to this Declaration. This Declaration may be amended only by
written instrument signed by the Parties.
10. No Implied Waivers. If any term, condition, or provision of this Declaration is
breached by either Party and thereafter waived by the other Party, that waiver will be
limited to the specific breach so waived, and will not be deemed either to be a continual
waiver or to waive any other breach under this Declaration.
11. Governing Law and Interpretation. This Declaration is to be governed under
the laws of the State of California and interpreted according to its plain meaning as if
drafted by both YLWD and Owner.
12. Relationship of Parties. Nothing in this Declaration shall be deemed to
create any form of business organization between the Parties, including, without
limitation, a joint venture or partnership.
13. Resolution of Disputes. Pursuant to California Code of Civil Procedure
Sections 638 et seq., any dispute arising out of this Declaration shall be resolved by judicial
reference, in Orange County, by one judicial referee to determine all issues in dispute,
whether of fact or of law, and to report a statement of decision. This is a waiver of any
right that may exist to a jury trial, but the right to appeal is preserved.
The Parties shall meet to select the referee no later than thirty (30) days after
service of the initial complaint on all defendants named in the complaint. The referee
must have substantial experience in the type of matter in dispute and without any
relationship to either Party, unless the Parties agree otherwise.
All costs incurred in connection with the judicial reference proceeding, including
the cost of the stenographic record, shall be advanced equally by the Parties. However,
the referee shall have the power to reallocate such costs among the Parties in the
referee’s statement of decision.
14. Attorney’s Fees. In the event of any claim or legal action arising out of this
Declaration, the prevailing party shall be entitled to reasonable costs and expenses,
including attorney’s fees.
EXHIBIT A
YL WD DoRC Rev. 11/08/22 4
15. Severability. If any provision, right, or covenant of this Declaration is held
by a court of competent jurisdiction to be invalid, void, or unenforceable, the voided
provision, right, or covenant shall be deemed severed from the remaining provisions of
this Declaration, which shall remain valid and enforceable as permitted by law, and the
Parties shall negotiate in good faith to replace the unenforceable provision(s) in
accordance with the original purpose and intent of this Declaration so stated in the
above Recitals.
16. Counterparts. This Declaration may be signed in multiple counterpart
copies (signatures may be by facsimile or electronic mail), each of which shall be
deemed an original.
17. Capacity of Signatory. The undersigned executing this Declaration on
behalf of YLWD and Owner hereby personally warrant by signing this Declaration that
they are authorized to bind such Party in executing this Declaration and are acting within
the course and scope of that authority.
18. Recording of Declaration. This Declaration shall be recorded in the Office
of the Recorder of the County of Orange, California, and shall constitute notice to all
successors and assigns of the title to the Subject Property of the rights and obligations in
this Declaration.
Approved as to Form: YORBA LINDA WATER DISTRICT
Kidman Gagen Law, LLP
_____________________________
Andrew B. Gagen J. Wayne Miller, PhD
General Counsel President
_____________________________
Rosanne P. Weston Richard Mark Toy
Engineering Manager General Manager
OWNER:
Name of Signer
Name of Signer
YORBA LINDA WATER DISTRICT 4010-002-POL
Page 4 of 4
EXHIBIT B
FLOW CHART RE PROCEDURE TO MITIGATE OR ELIMINATE THE ENCROACHMENT
EXHIBIT "B"
ENCROACHMENTS POLICY FLOW CHART
LEGEND: (ENCROACHMENT IDENTIFIED )
1 �
( START/END 1 CONTACT CITY
DECISION CITY PERMIT? NO CITY TO ENFORCE YES
MUNICIPAL CODE?
ACTIVITY YESCITY & YLWD TO
1 COORDINATE ACTION
DOCUMENT CONTACT OWNER r
(MIN. 5 ATTEMPTS VIA EMAIL, PHONE, NO
CERTIFIED MAIL, OR IN PERSON)
START COMMUNICATION LOG
1
SITE INSPECTION
PREPARE & SEND LETTER PREPARE & SEND
TO INFORM OWNER OF DRAFT DORC TO INFORM
ENCROACHMENT REMOVAL DECISION OWNER
DATE
TT
DRAFT DORC
ACCEPTANCE - LTO OWNER SENT
REFUSAL SENT TO OWNER ACCEPTANCE
REMOVED &
FINAL INSPECTION NO RESPONSE NO RESPONSE
MIN. 5 ATTEMPTS TO r MIN. 5 ATTEMPTS TO
NO
ACCEPTANCE CONTACT OWNER VIA ADVISE BOARD NO CONTACT OWNER VIA ACCEPTANCE
RESPONSE I RESPONSE EMAIL, PHONE, CERTIFIED
IN-
EMAIL, PHONE, CERTIFIED M
MAIL OR IN PERSON AIL OR IN PERSON
STAFF CONTACTS lDISTRICT COUNSEL
1
SEND LETTER TO OWNER (IF APPLICABLE, ATTACH DORC) VIA EMAIL & U.S. MAIL
REFUSAL- ALLOW 2 WEEKS TO = ACCEPTANCE
RESPOND
NO REPONSE
1 2ND LETTER TO OWNER VIA EMAIL & U.S. MAIL I
REFUSAL- ALLOW 2 WEEKS TO ACCEPTANCE
RESPOND
NO REPONSE
1 3RD LETTER & DRAFT COMPLAINT VIA EMAIL & U.S. MAIL
ALLOW 2 WEEKS TO
RESPOND
NO RESPONSE
r r
BOARD TO CONSIDER AUTHORIZING DISTRICT COUNSEL TO INITIATE LITIGATION
r � r
( COMPLAINT DTOEOWNER ) (TAKE OTONBOARD FOR DORC