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HomeMy WebLinkAbout2023-10-05 - Board of Directors Meeting Agenda PacketYorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, October 5, 2023, 3:00 PM 1717 E Miraloma Ave, Placentia CA 92870 1. TELECONFERENCE SITE University of California - Riverside 1084 Columbia Ave Riverside CA 92507 One of the Directors will be participating via teleconference at the above -listed location. In accordance with the Ralph M. Brown Act, members of the public may attend and participate in the meeting at both sites. 2. PARTICIPATION INSTRUCTIONS This meeting will be held in person. For public convenience, the meeting can also be accessed via internet-based service or telephone as indicated below. For questions regarding participation, please call the Board Secretary at (714) 701-3020. Computer/Mobile Device: https://us06web.zoom.us/m/86538708363 Telephone: (669) 444-9171 or (669) 900-6833 Meeting ID: 865 3870 8363 3. CALL TO ORDER 4. PLEDGE OF ALLEGIANCE 5. ROLL CALL Brett R. Barbre, President Trudi DesRoches, Vice President Phil Hawkins, Director Tom Lindsey, Director J. Wayne Miller, PhD, Director 6. 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)) 7. AB 2449 TELECONFERENCE REQUESTS 8. INTRODUCTIONS AND PRESENTATIONS 8.1. Elected Official Liaison Reports 9. 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) Page 1 of 170 10. CONSENT CALENDAR 11 12 All items on the consent calendar are considered routine and may be approved by a single motion. There will be no discussion of these items unless a member of the Board, staff, or public requests separate consideration. 10.1. Minutes of the Board of Directors Meetings Held August 3 -August 22, 2023 Recommendation: That the Board of Directors approve the minutes as presented. 10.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $6,016,684.26 10.3. Cash and Investment Report for the Period Ended August 31, 2023 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ended August 31, 2023. 10.4. Claim for Damages Filed by Cari McCormick Recommendation: That the Board of Directors reject and deny the claim filed by Cari McCormick. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board (or Committee) discussions are needed prior to formal action. 11.1. Amendments to Board of Directors' Policies and Procedures Manual Recommendation: That the Board of Directors consider the proposed and any additional amendments to the Policies and Procedures Manual and adopt Resolution No. 2023 -XX approving said amendments. 11.2. Amendment to Fiscal Year 2023-24 Operating Budget Recommendation: That the Board of Directors adopt Resolution No. 2023 -XX adopting the Amended Operating Budget for Fiscal Year 2023-24 (Financial Summaries). 11.3. Request for Proposals for Legal Services Recommendation: That the Board of Directors consider this matter and provide direction to staff. 11.4. Communications with Residents Near Highland Reservoir Regarding Proposed Equestrian Easement and Proposed Security Fence Recommendation: That the Board of Directors review the last written communication and provide direction to staff. 11.5. Capital Improvement Plan Review Group Recommendation: That the Board of Directors consider appointing two Directors to a temporary Capital Improvement Plan Review Group in preparation for a full Board workshop meeting in November/December. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board (or Committee) at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking advice and counsel. Time permitting, it is generally in the District's interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. Page 2 of 170 12.1. Wildfire Tabletop Exercise and After Action Report 13. REPORTS, INFORMATION ITEMS, AND COMMENTS 13.1. Director's Reports 13.2. General Manager's Report 13.3. General Counsel's Report 13.4. Future Agenda Items and Staff Tasks 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 Lindsey / DesRoches - Next meeting yet to be scheduled. 14.3. Joint Agency Committee with City of Placentia Lindsey / DesRoches - Next meeting yet to be scheduled. 14.4. Joint Agency Committee with City of Brea Barbre / Lindsey - Initial meeting yet to be scheduled. 14.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Barbre / Lindsey - Next meeting yet to be scheduled. 15. BOARD OF DIRECTORS ACTIVITY CALENDAR 15.1. Meetings from October 6 - November 30, 2023 16. 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. 16.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager 16.2. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representative: Andrew Gagen, General Counsel Unrepresented Employee: General Manager 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: Orange County Water District, et al. v. 3M Company, et al. (Orange County Superior Court - Case No. 30-2020-01172419-CU-PL-CXC) 17. REPORT FROM CLOSED SESSION 18. ADJOURNMENT 18.1. The next regular meeting is scheduled Thursday, October 19, 2023 at 3:00 p.m. Page 3 of 170 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:Hvlwd.com/. (GC 54957.5) Accommodations for the Disabled Requests for disability -related modifications or accommodations, including auxiliary aids or services, required for participation in the above -posted meeting should be directed to the Board Secretary at (714) 701-3020 at least 24 hours in advance. (GC 54954.2(a)) Page 4 of 170 ITEM NO. 10.1. Yorba Linda Water District AGENDA REPORT MEETING DATE: October 5, 2023 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 Meetings Held August 3 - August 22, 2023 RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: 1. Draft Minutes for August 3, 2023 Regular Meeting 2. Draft Minutes for August 17, 2023 Regular Meeting 3. Draft Minutes for August 22, 2023 Special Meeting Page 5 of 170 1 E 3. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, August 3, 2023, 3:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 PARTICIPATION INSTRUCTIONS Were included on the agenda. CALL TO ORDER The meeting was called to order at 3:00 p.m. PLEDGE OF ALLEGIANCE Vice President DesRoches led the pledge. 4. ROLL CALL Pi DIRECTORS PRESENT Brett R. Barbre, President Trudi DesRoches, Vice President Tom Lindsey J. Wayne Miller, Ph.D. DIRECTORS ABSENT Phil Hawkins 2023 -XXX STAFF PRESENT Mark Toy, General Manager Doug Davert, Assistant General Manager John DeCriscio, Operations Manager Delia Lugo, Finance Manager Rosanne Weston, Engineering Manager Annie Alexander, Board Secretary Joanna Gonzalez, Public Affairs Officer Vivian Lim, Human Resources Analyst ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP ADDITIONS/DELETIONS TO THE AGENDA 5.1. AB 2449 Teleconference Requests None. The following items were taken out of order. 7. PUBLIC COMMENTS Ray Sanchez, resident, addressed the Board and requested a reduction in the fees required to connect his property to the District's sewer system. The Board requested Minutes of the YLWD Board of Directors Regular Meeting Held August 3, 2023 at 3:00 p.m. Page 6 of 170 2023 -XXX staff obtain additional details regarding this matter including available options and recommendations for consideration of Mr. Sanchez's request at the regular meeting on September 7, 2023. 6. INTRODUCTIONS AND PRESENTATIONS 6.1. Recognition of Employee of the Quarter General Manager Toy announced that Nick Hollon, Senior Maintenance Worker, had been awarded Employee of the Quarter ending June 30, 2023. Mr. Toy noted that Mr. Hollon was not available to be recognized in person and highlighted Mr. Hollon's specific accomplishments considered during the nomination process for which he reviewed for the Board. 6.2. Introduction of Newly Hired Public Affairs Officer General Manager Toy introduced Joanna Gonzalez, newly hired Public Affairs Officer, who provided a brief overview of her professional experience. 8. DISCUSSION ITEMS 8.1. Proposed Equestrian Easement at Highland Reservoir Each of the Directors shared their individual impressions from the recent site visit. Discussion touched on the need for maintaining security of District facilities, deferring consideration of granting an easement to the City of Yorba Linda as the proposed horse trail project is currently unfunded, soliciting and addressing resident concerns, the proposed installation of a secondary security fence, entering into a joint agreement with the residents to share costs for ongoing maintenance of the access road, preservation of the existing natural landscape, and District liability concerns. Manual Roman, resident, spoke against the installation of a secondary fence and against the height of the proposed horse trail due to privacy concerns. Nick Diaz, resident, spoke against the installation of a secondary fence and in favor of sharing the cost for ongoing maintenance of the access road and preserving the existing landscape. The Board requested staff prepare an agenda item for the September 7, 2023 regular meeting to consider the proposed installation of a secondary security fence at the site and entering into a cost-sharing agreement with nearby residents for ongoing maintenance of the access road. Minutes of the YLWD Board of Directors Regular Meeting Held August 3, 2023 at 3:00 p.m. Page 7 of 170 6 Vi 2023 -XXX INTRODUCTIONS AND PRESENTATIONS CONTINUED 6.3. Elected Official Liaison Reports None. 6.4. Briefing on Colorado River Deal Karl Seckel, Director for MWDOC and MWDSC, introduced Bill Hasencamp, Manager of Colorado River Resources for MWDSC. Mr. Hasencamp reviewed the critical nature of the Colorado River and key points of the Lower Basin's short-term proposal to the US Bureau of Reclamation for demand reductions through 2026. States in the Lower Basin are also working collectively to address future demand reductions following expiration of the interim guidelines at the end of 2025. 6.5. Briefing on OCWD Municipal Services Review by OC LAFCO Luis Papia, Assistant Executive Officer for OC LAFCO, outlined the purpose of LAFCO's and the scope of the municipal services review (MSR) for OCWD to assess the feasibility of consolidating with MWDOC. The draft MSR is expected to be available for public review in September 2024. CLOSED SESSION The Board entered Closed Session at 4:56 p.m. 9.1. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representative: General Manager Employee Organization: Yorba Linda Water District Employees Association 9.2. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representative: General Manager Unrepresented Employees REPORT FROM CLOSED SESSION All Unrepresented Classifications The Board returned from Closed Session at 5:19 p.m. No reportable action was taken. Minutes of the YLWD Board of Directors Regular Meeting Held August 3, 2023 at 3:00 p.m. Page 8 of 170 2023 -XXX 10. CONSENT CALENDAR Staff responded to questions from President Barbre and Director Miller regarding the status of transitioning bill payments to ACH, performing due diligence for OCCIP, and increased costs for SCADA support. Director Miller made a motion, seconded by Director Lindsey, to approve the Consent Calendar. Motion carried 4-0-0-1 with Director Hawkins absent. 10.1. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $3,824,920.55. 10.2. Cash and Investment Report for the Period Ending June 30, 2023 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ended June 30, 2023. 10.3. Second Amendment to Professional Services Agreement (PSA) for Supervisory Control and Data Acquisition (SCADA) Integration Services Recommendation: That the Board of Directors authorize staff to amend the PSA with RKI Engineering to increase the not -to -exceed amount of the agreement by $125,000 for a new not -to -exceed amount of $199,000. 10.4. Amending Discontinuation of Residential Water Services for Nonpayment Policy (SB 998) Recommendation: That the Board of Directors adopt Resolution No. 2023 -XX amending the Discontinuation of Residential Water Service for Nonpayment Policy. 11. ACTION CALENDAR 11.1. Adopting Budgeted Positions, Job Classifications and Salary Schedule, Unrepresented Employees Personnel Manual, and YLWD Employees Association Memorandum of Understanding President Barbre explained that during Closed Session, it was proposed to add two recitals to the resolution ratifying the budgeted positions and job classifications and salary schedule indicating that the Board of Directors determined that (1) no position classification be Y -rated; and (2) a full classification and compensation study be conducted and completed by January 1, 2025. Minutes of the YLWD Board of Directors Regular Meeting Held August 3, 2023 at 3:00 p.m. 4 Page 9 of 170 2023 -XXX Director Miller made a motion, seconded by Director DesRoches, to (1) adopt Resolution No. 2023 -XX adopting the Budgeted Positions, Job Classifications and Salary Schedule for Fiscal Year 2024 including the proposed revisions; (2) adopt Resolution No. 2023 -XX adopting the Memorandum of Understanding Between the District and the YLWD Employees Association for Fiscal Years 2024-2025; (3) and adopt Resolution No. 2023 -XX adopting the Personnel Manual for Unrepresented Employees for Fiscal Years 2024-2025. Motion carried 4-0-0-1 on a roll call with Director Hawkins absent. 11.2. Response to OC Grand Jury Report Director Miller commented on some revisions he had proposed which were distributed to the Board and made available to the public. The Board determined to defer consideration of this matter to the regular meeting on August 17, 2023. 11.3. ACWA Election of Board Officers for 2024-2025 Term President Barbre explained that he had inadvertently submitted the electronic ballots for the ACWA and ACWA Region 10 elections. He noted that Cathy Green was the only candidate for President and that he had selected Ernesto Avila for Vice President. He indicated that the ballot could potentially be revised if the Board desired, however, no Directors expressed opposition to the selected candidates. 11.4. ACWA Region 10 Election of Officers and Board Members for 2024-2025 Term President Barbre explained that Dana Friehauf and Charles Gibson were the only candidates for Chair and Vice Chair respectively and that he had selected Alexandra Berenter (San Diego County), Maurice DePasquale (Orange County), and Deborah Neev (Orange County) for members of the Board. No Directors expressed opposition to the selected candidates. 11.5. Nominations for ACWA Committee Appointments This matter was deferred to the regular meeting on August 17, 2023. 12. REPORTS, INFORMATION ITEMS, AND COMMENTS 12.1. Director's Reports The Directors reported on their attendance at recent meetings and events. Minutes of the YLWD Board of Directors Regular Meeting Held August 3, 2023 at 3:00 p.m. Page 10 of 170 2023 -XXX 12.2. General Manager's Report General Manager Toy reported that staff met with Fitch Ratings on July 26, 2023 for the annual surveillance and YLWD has retained its rating of AA+ with a positive outlook. To be considered for a AAA rating, the District will need to maintain its current rating for at least two years. President Barbre commented on the District's historical contract signature authority limits for the General Manager and department managers and historical expenditures for labor counsel services for which a listing was included in the General Manager's written report. Discussion followed regarding contracts presented to the Board for approval and components of the District's purchasing policy including the competitive selection process. The Board requested staff perform a survey of local water agencies' utilization of separate firms for labor counsel services for review at the regular meeting on September 7, 2023. The Board also requested an overview of the District's purchasing policy at a future meeting. 12.3. General Counsel's Report General Counsel Gagen extended an invitation for two Directors to attend a special briefing on the proposed settlements of the class action lawsuit against PFAS manufacturers 3M and Dupont. President Barbre requested an item on the agenda for the August 17, 2023 Board meeting to consider the water capacity fee for 19941 Crestknoll Drive. 12.4. Future Agenda Items and Staff Tasks No additional agenda items or tasks were requested. General Manager Toy confirmed the agenda items requested by the Board and their respective meeting dates for consideration. 13. COMMITTEE REPORTS 13.1. Interagency Committee with MWDOC and OCWD Miller / DesRoches - Next meeting will be scheduled when needed. 13.2. Joint Agency Committee with City of Yorba Linda Lindsey / DesRoches - Next meeting will be scheduled when needed. 13.3. Joint Agency Committee with City of Placentia Lindsey / DesRoches - Next meeting will be scheduled when needed. 13.4. Joint Agency Committee with City of Brea Barbre / Lindsey - Initial meeting to be scheduled. Minutes of the YLWD Board of Directors Regular Meeting Held August 3, 2023 at 3:00 p.m. Page 11 of 170 2023 -XXX 13.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Barbre / Lindsey - Next meeting will be scheduled when needed. 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 15.1 Meetings from August 4 - September 30, 2023 9. CLOSED SESSION CONTINUED The Board entered Closed Session at 6:30 p.m. 9.3. Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One 9.4. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager REPORT FROM CLOSED SESSION The Board returned from Closed Session at 6:43 p.m. No reportable action was taken. 15. ADJOURNMENT 15.1. The meeting was adjourned at 6:43 p.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held August 3, 2023 at 3:00 p.m. 7 Page 12 of 170 1 E 3. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, August 17, 2023, 3:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 PARTICIPATION INSTRUCTIONS Were included on the agenda. CALL TO ORDER The meeting was called to order at 3:00 p.m. PLEDGE OF ALLEGIANCE Director Hawkins led the pledge. 4. ROLL CALL Pi DIRECTORS PRESENT Brett R. Barbre, President Trudi DesRoches, Vice President Phil Hawkins J. Wayne Miller, Ph.D. DIRECTORS ABSENT Tom Lindsey 2023 -XXX STAFF PRESENT Mark Toy, General Manager John DeCriscio, Operations Manager Delia Lugo, Finance Manager Annie Alexander, Board Secretary Ethan Nakano, Associate Engineer Jacqueline Segura, Human Resources Analyst ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP ADDITIONS/DELETIONS TO THE AGENDA 5.1. AB 2449 Teleconference Requests None. 6. PUBLIC COMMENTS None. Minutes of the YLWD Board of Directors Regular Meeting Held August 17, 2023 at 3:00 p.m. Page 13 of 170 2023 -XXX 7. ACTION CALENDAR 7.1. Proposed Equestrian Easement at Highland Reservoir and Proposed Security Fence President Barbre summarized previous Board discussion regarding this matter, including a site visit. He then opened the floor to public comment. A resident near the site addressed the Board and spoke against the installation of a second security fence and in favor of preserving the existing natural landscape and entering into a cost-sharing agreement with the District for ongoing maintenance of the access road. Each of the Directors then shared their individual viewpoints and concerns regarding this matter. The same resident addressed the Board and spoke in favor of sharing the costs for the installation of additional security cameras at the site and commented on the current level of foot and vehicle traffic. Discussion continued and it was the consensus of the Board not to construct a second security fence at the site. The Board requested staff communicate this to the nearby residents and solicit their feedback regarding security concerns and entering into a cost-sharing agreement with the District for ongoing maintenance of the access road. The resident expressed their interest in working with the District and suggested staff consider the relocation of pipelines at the site now as there was ongoing construction near the site. Staff confirmed that consideration of the City of Yorba Linda's request for an equestrian easement at the site would be deferred until the proposed project was funded. 7.2. Response to Orange County Grand Jury Report Following brief discussion, it was the consensus of the Board to incorporate Director Miller's proposed revisions to the District's response to the Orange County Grand Jury's Report - Historic Rain, Yet Drought Remains. 7.3. Nominations for ACWA Committee Appointments Director Miller expressed an interest in serving on the Energy and Water Quality Committees and encouraged staff participation in same. Staff will submit the consideration form indicating Director Miller's request and include staff's preferences as noted in the agenda packet. Minutes of the YLWD Board of Directors Regular Meeting Held August 17, 2023 at 3:00 p.m. 2 Page 14 of 170 2023 -XXX President Barbre requested staff update the emergency contact card. Staff then responded to questions regarding the following: impact on District investments following rating agencies' downgradings of certain US debt and banks; the District's policy for recognizing the passing of former Directors and the passing of immediate family members of current Directors and staff; and status of the heli -hydrant project with MWDSC. It was noted that Directors Miller and Lindsey would be absent from the Board meeting on September 7, 2023. 8. CLOSED SESSION The Board entered Closed Session at 3:34 p.m. 8.1. Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: Two 8.2. Conference with Legal Counsel - Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Name of Case: Orange County Water District, et al. v. 3M Company, et al. (Orange County Superior Court - Case No. 30-2020- 01 172419-CU-PL-CXC) 8.3. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager REPORT FROM CLOSED SESSION The Board returned from Closed Session at 4:25 p.m. No reportable action was taken. 9. ADJOURNMENT 9.1. The meeting was adjourned at 4:25 p.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held August 17, 2023 at 3:00 p.m. 3 Page 15 of 170 1 K 3. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Tuesday, August 22, 2023, 10:00 a.m. Wells Fargo Heli -Hydrant and Landing Zone 5315 Camino de Bryant, Yorba Linda CA 92887 CALL TO ORDER The meeting was called to order at 10:00 a.m. PLEDGE OF ALLEGIANCE ROLL CALL DIRECTORS PRESENT Brett R. Barbre, President Trudi DesRoches, Vice President Phil Hawkins Tom Lindsey J. Wayne Miller, PhD 2023 -XXX STAFF PRESENT Mark Toy, General Manager Doug Davert, Assistant General Manager John DeCriscio, Operations Manager Rosanne Weston, Engineering Manager Joanna Gonzalez, Public Information Officer ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP 4. PUBLIC COMMENTS None. Pi 6. TOUR AND DEMO OF WELLS FARGO HELI -HYDRANT AND LANDING ZONE President Barbre provided introductory comments regarding the history of wildfires in the City of Yorba Linda and the District's fire hardening efforts since the 2008 Freeway Complex Fire. Yorba Linda Mayor Gene Hernandez and representatives from Orange County Fire Authority (OCFA) also provided introductory comments. Other elected officials in attendance were then introduced. An OCFA helicopter then completed three demonstrations of the heli -hydrant. An opportunity for photographs followed. ADJOURNMENT 6.1. The meeting was adjourned at 11:25 a.m. Annie Alexander Recording Secretary Minutes of the YLWD Board of Directors Special Meeting Held August 22, 2023 at 10:00 a.m. Page 16 of 170 ITEM NO. 10.2. Yorba Linda Water District AGENDA REPORT MEETING DATE: October 5, 2023 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 $6,016,684.26. BACKGROUND: Section 31302 of the California Water Code says the District shall pay demands made against it when the Board of Directors has approved them. Pursuant to law, staff is hereby submitting the list of disbursements for September 1, 2023 through September 28, 2023, for the Board of Directors' approval. Items within this disbursement list include: Ten Highest Expenses for Disbursement US Bank 1,606,998.01 Bond 17A Interest & Principal - September 2023 US Bank 1,240,001.05 Bond 22A Interest & Principal - September 2023 Municipal Water District 493,794.31 Water Deliveries - July 2023 Southern Calif Edison Co. 216,069.87 Electricity Charges - August 2023 Various Locations Big Ben Inc. 199,262.50 J21-36 BNSF Waterline Professional Services GCI Construction Inc. 167,867.54 J22-48 Mountain View Waterline Replacement Services ACWA/JPIA 133,453.42 Medical & Dental Premium October 2023 Pacific Hydrotech Corporation 108,795.74 J23-06 Hidden Hills Professional Services Southern Calif Gas Co. 97,203.56 J20-37 Gas Line Extension Fees City of Anaheim - Public Utilities 78,108.68 Electrical Charges August 2023 - Various Locations Page 17 of 170 Other Routine Invoices Accts Payable Check Total Payroll No. 18 Payroll No. 19 Total Disbursements $ 4,341,554.68 $ 910,129.74 $ 5,251,684.42 $ 366,088.09 398,911.75 $ 6,016,684.26 A summary of the disbursements is attached. ATTACHMENTS: 1. Cap Sheet for October 5, 2023 2. Check Register for September 14, 2023 3. Check Register for September 28, 2023 4. Credit Card Register for September 28, 2023 Page 18 of 170 Summary of Disbursements October 5, 2023 CHECK NUMBERS: 9/14/2023 Computer Checks 82702-82773 $ 676,504.49 9/28/2023 Computer Checks 82791-82901 $ 870,980.53 $ 1,547,485.02 WIRES: W090723 Southern Calif Edison Co. $ 216,069.87 W091223 U S Bank 3,080.00 W091323 Southern Calif Gas Co. 66,390.32 W091423 Municipal Water District 493,794.31 W091423A Switch Ltd 713.00 W092823A US Bank 1,606,998.01 W092823B US Bank 1,240,001.05 W092823C Orange County Water District 68,712.00 W092823D American Business Bank 2,714.75 W092823E American Business Bank 5,726.09 $ 3,704,199.40 TOTAL OF CHECKS & WIRES $ 5,251,684.42 PAYROLL NO. 18: Direct Deposits $ 226,620.62 Payroll Taxes 62,838.85 EFT -- CalPERS 53,379.92 Third Party Checks 82698-82701 23,248.70 $ 366,088.09 PAYROLL NO. 19: Direct Deposits $ 243,962.32 Payroll Taxes 73,251.61 EFT -- CalPERS 55,525.26 Third Party Checks 82774-82782 26,172.56 $ 398,911.75 TOTAL OF PAYROLL $ 764,999.84 ------------------------------------------------------------------------------------------------------------------ DISBURSEMENT TOTAL $ 6,016,684.26 ---------------------------------------------------------------- ---------------------------------------------------------------- APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF OCTOBER 5, 2023 ---------------------------------------------------------------- ---------------------------------------------------------------- Page 19 of 170 Yorba Linda Water District Check Register For Checks Dated: 09/01/2023thru 09/14/2023 Check No. Date Vendor Name 82702 09/14/2023 R F DICKSON/CITY OF Y L 82703 09/14/2023 NIEVES LANDSCAPE INC 82704 09/14/2023 BRUCE RAMSHAW 82705 09/14/2023 BERNADETTE HERNANDEZ 82706 09/14/2023 MONBRI LLC 82707 09/14/2023 RHAB MONTEFALCON 82708 09/14/2023 BL PORTFOLIO LLC 82709 09/14/2023 SELECT PORTFOLIO SERVICING INC 82710 09/14/2023 STERLING PRPOERTY MGMT 82711 09/14/2023 ACWA/JPIA 82712 09/14/2023 Amazon Capital Services 82713 09/14/2023 America's Instant Signs 82714 09/14/2023 Annie Alexander 82715 09/14/2023 Aramark 82716 09/14/2023 AT & T - Calnet3 82717 09/14/2023 BASE HILL INC. 82718 09/14/2023 Bee Busters, Inc 82719 09/14/2023 B.L. Wallace Distributor, Inc. 82720 09/14/2023 BrightView Tree Care Services Inc. 82721 09/14/2023 CIPO CLOUD SOFTWARE INC 82722 09/14/2023 City Of Placentia 82723 09/14/2023 Clinical Lab. Of San Bern. 82724 09/14/2023 Coastline Equipment 82725 09/14/2023 Culligan of Santa Ana 82726 09/14/2023 Daniel Ognean 82727 09/14/2023 Dell Financial Services LLC 82728 09/14/2023 deRose Promos 82729 09/14/2023 Dion & Sons, Inc. 82730 09/14/2023 Discount Tire Centers (Andonian Enterprises Inc.] 82731 09/14/2023 Douglas Morgan 82732 09/14/2023 Elite Equipment Inc 82733 09/14/2023 Energy Environmental Soln, Inc 82734 09/14/2023 Enkay Engineering & Equipment Inc 82735 09/14/2023 Enthalpy Analytical, Inc. 82736 09/14/2023 Evoqua Water Technology LLC 82737 09/14/2023 Factory Motor Parts 82738 09/14/2023 FedEx Office 82739 09/14/2023 Fleet Services, Inc 82740 09/14/2023 Fuller Truck Accessories 82741 09/14/2023 GCI Construction Inc. 82742 09/14/2023 Grainger 82743 09/14/2023 Harrington Industrial 82744 09/14/2023 Hushmand Associates Inc 82745 09/14/2023 Infosend Inc. 82746 09/14/2023 Jackson's Auto Supply - Napa 82747 09/14/2023 Kidman Gagen Law 82748 09/14/2023 Mc Fadden -Dale Hardware 82749 09/14/2023 Mc Master -Carr Supply Co. 82750 09/14/2023 Michael K. Nunley & Associates 82751 09/14/2023 Municipal Water District 82752 09/14/2023 Myers Tire Supply 82753 09/14/2023 NatPay Online Business Solutions 82754 09/14/2023 Nickey Kard Lock Inc 82755 09/14/2023 Nicole Dalton 82756 09/14/2023 Office Solutions 82757 09/14/2023 Phil's Arbor Care 82758 09/14/2023 P.T.I. Sand & Gravel, Inc. 82759 09/14/2023 QUADIENT LEASING USA INC 82760 09/14/2023 Roberto Cuellar 82761 09/14/2023 Safety-Kleen Systems Inc 82762 09/14/2023 Salim Daheer Amount Description 50.18 CUSTOMER REFUND 648.21 CUSTOMER REFUND 1,500.00 CUSTOMER REFUND 73.36 CUSTOMER REFUND 221.28 CUSTOMER REFUND 63.42 CUSTOMER REFUND 388.83 CUSTOMER REFUND 445.39 CUSTOMER REFUND 774.45 CUSTOMER REFUND 133,453.42 MEDICAL & DENTAL PREMIUM OCTOBER 2023 319.76 OPERATIONS TOOLS, IT & OFFICE SUPPLIES 183.18 SIGNS FOR WELL#22 43.49 EMPLOYEE RECOGNITION MATERIALS 470.53 UNIFORM SERVICE 1,509.82 ATT CALNET 6,142.58 JANITORIAL SERVICES 425.00 COLONY ABATEMENTS 2,700.22 METER LIDS 11,853.15 WEED ABATEMENT AT VARIOUS SITES & MONTHLY LANDSCAPE SERVICES 700.00 CLOUD MONTHLY SUBSCRIPTION 6,250.49 SEWER COLLECTIONS - AUGUST 2023 3,370.00 WATER QUALITY LAB WORK 265.58 PARTS FOR UNIT #240 2,207.10 EQUIPMENT PE SOFTENER 2,715.00 J23-34 SERVICE CONNECTION FEE REFUND 2,908.67 DELL PRO SUPPORT 684.01 PROMOTIONAL ITEMS 3,656.58 OIL FOR STATIONARY ENGINES 150.00 TEST ON UNIT #203 225.00 CLAIM SETTLEMENT REIMBURSEMENT 3,485.71 RAMMER FOR UNIT #248 2,750.00 ICE TESTING FOR HIGHLAND 950.00 TRANSITE PIPE PICKUP 9,786.90 WATER QUALITY TESTING 4,440.00 INSPECTION & CLEANING FOR PFAS PLANT 1,190.33 PARTS FOR UNITS #223 & 229, MECHANIC SHOP SUPPLIES 24.62 SHIPPING EXPENSE 1,222.28 PARTS FOR UNIT #241 956.82 PARTS FOR UNITS #195 & 229 167,867.54 J22-48 MOUNTAIN VIEW WATERLINE REPLACEMENT SERVICES 371.71 CONSTRUCTION METER PARTS & PRODUCTION PARTS 602.91 CL2 SYSTEM & WAREHOUSE MATERIALS 30,560.25 J22-48 MOUNTAIN VIEW WATERLINE & J21-36 BNSF WATERLINE SERVICE 10,300.00 BILLING & POSTAGE CUSTOMER BILL 2,588.62 OIL FILTERS FOR VEHICLES & PARTS FOR UNIT #240 23,599.10 LEGAL SERVICES - AUGUST 2023 119.17 TOOLS & REPAIR PARTS FOR PRODUCTION 631.26 CLA-VAL & PRODUCTION REPAIR PARTS 36,276.60 J21-32 PROFESSIONAL SERVICES JULY 2023 30,436.16 FY2023-2024 WATER USE EFFICIENCY & SCHOOL PROGRAM 473.07 MECHANIC SHOP SUPPLIES 38.93 DOCULIVERY - AUGUST 2023 12,832.86 FUEL 8/16/23-8/31/23 255.00 TRAINING COURSE REIMBURSEMENT 379.37 OFFICE SUPPLIES 4,950.00 TREE SERVICE FOR RICHFIELD SITE 1,927.13 ROAD MATERIAL 173.56 INK FOR POSTAGE MACHINE 75.00 TRAINING COURSE REIMBURSEMENT 144.42 HAZARDOUS MATERIAL DISPOSAL 30,552.14 J23-34 & J23 -34S SERVICE CONNECTION FEE REFUND Page 20 of 170 82763 09/14/2023 Southern California Fleet Services, Inc 82764 09/14/2023 Step Saver Inc 82765 09/14/2023 Stored Energy Systems, LLC 82766 09/14/2023 Sunrise Medical Group 82767 09/14/2023 Sunstate Equipment Co 82768 09/14/2023 Total Administrative Service Corp (TASC) 82769 09/14/2023 Underground Service Alert 82770 09/14/2023 USA Truck Bodies Inc 82771 09/14/2023 United Water Works, Inc. 82772 09/14/2023 YO Fire 82773 09/14/2023 Liebert Cassidy Whitmore W090723 09/07/2023 Southern Calif Edison Co. W091223 09/12/2023 US Bank W091323 09/13/2023 Southern Calif Gas Co. W091423 09/14/2023 Municipal Water District W091423A 09/14/2023 Switch Ltd 14,728.80 REPAIR WORK FOR UNIT #215 1,860.64 SALT FOR CL2 SYSTEM 4,075.57 CHARGERS FOR STATIONARY ENGINES 120.00 EMPLOYEE PHYSICALS 154.90 PROPANE REFILL 546.84 FSA ADMIN FEES 10/1/23-12/31/23 458.18 NEW TICKET CHARGES & CA STATE FEE 65,898.03 NEW UNIT#247 19,055.00 OPERATIONS WORK MATERIAL 1,944.37 OPERATIONS WORK MATERIAL 3,302.00 PROFESSIONAL SERVICES - EMPLOYEE MATTERS 216,069.87 ELECTRICITY CHARGES - AUGUST 2023 VARIOUS LOCATIONS 3,080.00 17A ADMIN FEES 6/1/23-5/31/24 66,390.32 GAS CHARGES - AUGUST 2023 VARIOUS LOCATIONS 493,794.31 WATER DELIVERIES -JULY 2023 713.00 DATA HOSTING CO -LOCATION 1,456,551.99 Payroll Checks #18 226,620.62 62,838.85 53,379.92 751.84 87.42 3,021.21 19,388.23 366,088.09 Page 21 of 170 08/31/2023 PAYROLL- EMPLOYEE DIRECT DEPOSIT 08/31/2023 PAYROLL-PAYROLLTAX PAYMENT 08/31/2023 PAYROLL-CALPERS & TASC 82698 08/31/2023 California State Disbursement Unit 82699 08/31/2023 Colonial Life 82700 08/31/2023 Lincoln Financial Group 82701 08/31/2023 Nationwide Retirement Solutions 14,728.80 REPAIR WORK FOR UNIT #215 1,860.64 SALT FOR CL2 SYSTEM 4,075.57 CHARGERS FOR STATIONARY ENGINES 120.00 EMPLOYEE PHYSICALS 154.90 PROPANE REFILL 546.84 FSA ADMIN FEES 10/1/23-12/31/23 458.18 NEW TICKET CHARGES & CA STATE FEE 65,898.03 NEW UNIT#247 19,055.00 OPERATIONS WORK MATERIAL 1,944.37 OPERATIONS WORK MATERIAL 3,302.00 PROFESSIONAL SERVICES - EMPLOYEE MATTERS 216,069.87 ELECTRICITY CHARGES - AUGUST 2023 VARIOUS LOCATIONS 3,080.00 17A ADMIN FEES 6/1/23-5/31/24 66,390.32 GAS CHARGES - AUGUST 2023 VARIOUS LOCATIONS 493,794.31 WATER DELIVERIES -JULY 2023 713.00 DATA HOSTING CO -LOCATION 1,456,551.99 Payroll Checks #18 226,620.62 62,838.85 53,379.92 751.84 87.42 3,021.21 19,388.23 366,088.09 Page 21 of 170 Yorba Linda Water District Check Register For Checks Dated: 09/15/2023thru 09/28/2023 Check No. Date Vendor Name Amount Description 82791 09/28/2023 HABITAT FOR HUMANITY 40.20 CUSTOMER REFUND 82792 09/28/2023 TAYLOR OLSEN 112.53 CUSTOMER REFUND 82793 09/28/2023 MICHAEL LIU 1,270.62 CUSTOMER REFUND 82794 09/28/2023 SARA CONNOLLY 54.07 CUSTOMER REFUND 82795 09/28/2023 ST SIMON HOMES CORP 0.48 CUSTOMER REFUND 82796 09/28/2023 LIN QI 120.29 CUSTOMER REFUND 82797 09/28/2023 QUEEN SWAY PROPERTY SERVICES 338.22 CUSTOMER REFUND 82798 09/28/2023 T & T MARKETING CONCEPTS CORP 141.13 CUSTOMER REFUND 82799 09/28/2023 REDFINNOW 82.52 CUSTOMER REFUND 82800 09/28/2023 SHEA HOMES, LP 284.89 CUSTOMER REFUND 82801 09/28/2023 LA STRADA PIPELINE 516.95 CUSTOMER REFUND 82802 09/28/2023 YLIANA SOLER 53.79 CUSTOMER REFUND 82803 09/28/2023 WHITE GLOVE PROPERTY MANAGEMENT 92.23 CUSTOMER REFUND 82804 09/28/2023 HUY LE 55.51 CUSTOMER REFUND 82805 09/28/2023 ETCO HOMES 941.35 CUSTOMER REFUND 82806 09/28/2023 DAVID BARMER 273.81 RETIREE COBRA REFUND 82807 09/28/2023 MIKE KIDDIE 273.81 RETIREE COBRA REFUND 82808 09/28/2023 RICK WALKEMEYER 461.19 RETIREE COBRA REFUND 82809 09/28/2023 DIANE DALTON 273.81 RETIREE COBRA REFUND 82810 09/28/2023 LYNN NUZMAN 547.62 RETIREE COBRA REFUND 82811 09/28/2023 RONALD TALBERT 547.62 RETIREE COBRA REFUND 82812 09/28/2023 RICARDO HIPOLITO 72.49 RETIREE COBRA REFUND 82813 09/28/2023 JOHN LENT 153.73 RETIREE COBRA REFUND 82814 09/28/2023 ARMANDO H RAYA 273.81 RETIREE COBRA REFUND 82815 09/28/2023 AIRGAS INC 233.62 WELDING SUPPLIES 82816 09/28/2023 Albert A. Webb Associates 594.00 J09-22 PROFESSIONAL SERVICES AUGUST 2023 82817 09/28/2023 Alternative Hose Inc. 410.98 HOSES FOR UNITS #139 & 199 82818 09/28/2023 Amazon Capital Services 704.62 OPERATIONS TOOLS, IT & OFFICE SUPPLIES 82819 09/28/2023 Aqua -Metric Sales Co. 2,283.75 METER CABLES 82820 09/28/2023 Aramark 1,881.39 UNIFORM SERVICE 82821 09/28/2023 AT & T - Calnet3 1,560.75 ATT CALNET 82822 09/28/2023 Big Ben Inc. 199,262.50 J21-36 BNSF WATERLINE PROFESSIONAL SERVICES 82823 09/28/2023 BrightView Tree Care Services Inc. 3,381.05 QUARTER HORSE LANDSCAPE SERVICES 82824 09/28/2023 CalCard US Bank 37,731.25 CREDIT CARD TRANSACTIONS - SEPTEMBER 2023 82825 09/28/2023 Citizen's Business Bank 1,359.07 J09-22 #22 PASCAL & LUDWIG ESCROW HOLDING 82826 09/28/2023 City Of Anaheim - Anaheim Public Utilities 78,108.68 ELECTRICAL CHARGES AUGUST 2023 - VARIOUS LOCATIONS 82827 09/28/2023 CNS Environmental, Inc. 450.00 J21-36 LEAD PAINT INSPECTION 82828 09/28/2023 Coast Surveying, Inc. 36,000.50123-24CAMINO DE BRYANT SERVICES AUGUST 2023 82829 09/28/2023 Codekas Tools & Equipment 105.49 MECHANIC SHOP EQUIPMENT 82831 09/28/2023 BILL MCCUE 1,642.86 RETIREE COBRA REFUND 82832 09/28/2023 Culligan of Santa Ana 9.00 EQUIPMENT PE SOFTENER 82833 09/28/2023 deRose Promos 727.48 PROMOTIONAL ITEMS 82834 09/28/2023 DocuSign, Inc. 2,484.00 E -SIGNATURE SOFTWARE RENEWAL 82835 09/28/2023 Eisel Enterprises, Inc. 3,154.92 J22-15 VALVE BOXES 82836 09/28/2023 Factory Motor Parts 2,128.19 PARTS FOR UNIT #221 82837 09/28/2023 Foundation Building Materials 563.24 DOOR CLOSERS 82838 09/28/2023 Fuller Truck Accessories 2,529.97 LIGHTS FOR UNIT#248 82839 09/28/2023 Fullerton Paint & Flooring 356.35 MARKING PAINT 82840 09/28/2023 Fusion Concrete Cutting and Demo 560.00 CONCRETE WORK 82841 09/28/2023 George Baltierra 90.00 CERTIFICATE REIMBURSEMENT 82842 09/28/2023 Golden Bell Products 7,982.00 INSECTICIDAL COATING 82843 09/28/2023 Grainger 2,205.72 MECHANIC SHOP SUPPLIES & PRODUCTION PARTS 82844 09/28/2023 G Saenger & Company, LLC 16,500.00 PROFESSIONAL SERVICES - RECRUITMENT 82845 09/28/2023 Haaker Equipment Co. 5,140.22 PARTS FOR UNITS #197, 215 & 241 82846 09/28/2023 Health and Human Resource Center, Inc. 119.88 EAP - OCTOBER 2023 82847 09/28/2023 Infosend Inc. 4,975.72 BILLING & POSTAGE CUSTOMER BILL 82848 09/28/2023 Jackson's Auto Supply - Napa 53.49 PART FOR WELL #18 82849 09/28/2023 Jacqueline Segura 105.71 REIMBURSEMENT- RETIREMENT LUNCH SUPPLIES 82850 09/28/2023 Jon's Flags & Poles, Inc. 2,973.90 FLAGS 82851 09/28/2023 Kimball Midwest 662.18 MECHANIC SHOP SUPPLIES 82852 09/28/2023 Konica Minolta Business 882.52 COPIER AGREEMENT 82853 09/28/2023 Lance, Soll & Lunghard LLP 15,390.00 123-23 AUDIT SERVICES 82854 09/28/2023 LA Networks 9,000.00 PHONE UPGRADE PROJECT LABOR 82855 09/28/2023 Leighton Consulting, Inc. 2,774.86J21-36 PROFESSIONAL SERVICES AUGUST 2023 82856 09/28/2023 Liebert Cassidy Whitmore 764.50 PROFESSIONAL SERVICES AUGUST 2023 82857 09/28/2023 MAP Communications 507.41 AFTER HOURS PHONE SERVICE 82858 09/28/2023 Mario S. Banuelos 1,200.00 J23-45 MAIN REPAIR WELDING SERVICES 82859 09/28/2023 Mc Fadden -Dale Hardware 244.20 TOOLS & REPAIR PARTS FOR PRODUCTION 82860 09/28/2023 Mc Master -Carr Supply Co. 158.57 GASKETS FOR REPAIRS 82861 09/28/2023 Minuteman Press 876.06 BUSINESS CARDS FOR STAFF & OPERATIONS DOOR NOTICES 82862 09/28/2023 Michael K. Nunley & Associates 24,754.32 J21-32, J18-12, J21-46, J23-24 PROFESSIONAL SERVICES Page 22 of 170 82863 09/28/2023 Murcal, Inc. 589.41 PARTS FOR WELL#18 82864 09/28/2023 National Signal Inc. 3,478.83 LIGHTS FOR UNIT#247 82865 09/28/2023 Office Solutions 970.93 OFFICE SUPPLIES 82866 09/28/2023 Orkin Pest Control 490.98 PEST CONTROL 82867 09/28/2023 Pascal & Ludwig Constructors, Inc 25,822.28 109-22 #22 WELL 22 EQUIPPING 82868 09/28/2023 Perimeter Protection 4,320.00 SECURITY CAMERA HOSTING & MONITORING 82869 09/28/2023 Pete's Road Service Inc 1,556.01 REPAIR WORK FOR UNIT #197 82870 09/28/2023 WinCan LLC 5,200.00 SEWER CAMERA SOFTWARE RENEWAL 82871 09/28/2023 Linde Gas & Equipment Inc. 133.95 WELDING SUPPLIES 82872 09/28/2023 Psomas & Associates 1,282.50 J21-36 PROFESSIONAL SERVICES AUGUST 2023 82873 09/28/2023 P.T.I. Sand & Gravel, Inc. 1,524.10 ROAD MATERIAL 82874 09/28/2023 Quantum Automation 296.47 SCADA REPAIR MATERIALS 82875 09/28/2023 QUADIENT LEASING USA INC 286.82 LEASE PAYMENT 9/27/23-12/26/23 82876 09/28/2023 RMJ Technologies 20,292.74 VEHICLE GEOTAB SERVICE RENEWAL 82877 09/28/2023 Rosanne Weston 224.57 REIMBURSEMENT -SUPPLIES FOR EMPLOYEE EVENTS 82878 09/28/2023 Safety-Kleen Systems Inc 1,693.92 HAZARDOUS MATERIAL DISPOSAL 82879 09/28/2023 Selman Chevrolet Company 1,030.65 PARTS FOR UNIT #221 82880 09/28/2023 Shred Confidential, Inc. 79.88 MONTHLY SHRED SERVICE 82881 09/28/2023 South Coast AQMD 665.26 EMISSIONS FEES - GREEN CREST 82882 09/28/2023 Southern Calif Gas Co. 97,203.56 120-37 GAS LINE EXTENSION FEES 82883 09/28/2023 Southern California Fleet Services, Inc 182.18 REPAIR WORK FOR UNIT #210 82884 09/28/2023 Rachel Padilla/Petty Cash 103.01 FOOD FOR OT STAFF & EMPLOYEE EVENT SUPPLIES 82885 09/28/2023 STEVES PROFESSIONAL GLASS TINTING & AUTO S 1,487.64 WINDOW TINTING FOR OFFICE 82886 09/28/2023 Sunrise Medical Group 40.00 EMPLOYEE PHYSICALS 82887 09/28/2023 The Bee Man 245.00 COLONY ABATEMENT 82888 09/28/2023 Townsend Public Affairs, Inc. 5,000.00 CONSULTING SERVICES - SEPTEMBER 2023 82889 09/28/2023 United Industries 832.74 OPERATIONS PPE 82890 09/28/2023 United Rentals 276.68 CONCRETE RENTAL & MIX 82891 09/28/2023 United Water Works, Inc. 13,290.19 OPERATIONS WORK MATERIAL 82892 09/28/2023 Vision Service Plan 2,376.23 VISION SERVICE PLAN - OCTOBER 2023 82893 09/28/2023 AVEVA Select California 28,735.00 SCADA SOFTWARE ANNUAL RENEWAL 82894 09/28/2023 YO Fire 391.22 BOLT KITS FOR REPAIRS 82895 09/28/2023 Zep Manufacturing 1,336.20 CLEANING SUPPLIES 82896 09/28/2023 Pacific Hydrotech Corporation 51,580.25 J20-37 TIMBER RIDGE PROFESSIONAL SERVICES 82897 09/28/2023 Pacific Hydrotech Corporation 108,795.74 J23-06 HIDDEN HILLS PROFESSIONAL SERVICES 82898 09/28/2023 Internal Revenue Service 548.56 FORM 941 TAX PAYMENT 82899 09/28/2023 Internal Revenue Service 884.98 FORM 941 TAX PAYMENT 82900 09/28/2023 Internal Revenue Service 164.46 FORM 941 TAX PAYMENT 82901 09/28/2023 Communications Lab 5,000.00 PROFESSIONAL SERVICES AUGUST 2023 W092823A 09/28/2023 US Bank 1,606,998.01 BOND 17A INTEREST& PRINCIPAL -SEPTEMBER 2023 W092823B 09/28/2023 US Bank 1,240,001.05 BOND 22A INTEREST& PRINCIPAL -SEPTEMBER 2023 W092823C 09/28/2023 Orange County Water District 68,712.00 BASIN EQUITY ASSESSMENT W092823D 09/28/2023 American Business Bank 2,714.75 PACIFIC HYDROTECH RETENTION ESCROW HOLDINGS W092823E 09/28/2023 American Business Bank 5,726.09 PACIFIC HYDROTECH RETENTION ESCROW HOLDINGS 3,795,132.43 Page 23 of 170 Payroll Checks #19 09/14/2023 PAYROLL- EMPLOYEE DIRECT DEPOSIT 243,962.32 09/14/2023 PAYROLL -PAYROLL TAX PAYMENT 73,251.61 09/14/2023 PAYROLL - CALPERS & TASC 55,525.26 82774 09/14/2023 Allstate 723.77 82775 09/14/2023 Ameritas 1,575.15 82776 09/14/2023 California State Disbursement 751.84 82777 09/14/2023 Colonial Life 87.42 82778 09/14/2023 Lincoln Financial Group 3,021.21 82779 09/14/2023 Midland National 200.00 82780 09/14/2023 Nationwide Retirement Solution 19,114.29 82781 09/14/2023 Reliance 39.01 82782 09/14/2023 Franchise Tax Board 659.87 398,911.75 Page 23 of 170 28 -Sep -23 Cal Card Credit Card U S Bank Vendor Name Amount Description McCarran Airport 5.29 MEAL - TRI STATE SEMINAR - DECRISCIO, J South Point Hotel 254.10 LODGING - TRI-STATE SEMINAR - DECRISCIO, J Starbucks Store 25.47 MEAL - TRI-STATE SEMINAR - 2 STAFF Verizon Wireless 4,649.59 VERIZON 6/21-7/20 VONS 29.41 SUPPLIES FOR DISTRICT SPONSORED EVENT deRose Promos 29.36 EMPLOYEE NAMEPLATE & BADGE CVS Pharmacy 9.74 EMPLOYEE RECOGNITION PHOTO PRINTS Fifth Asset, Inc 7,200.00 GASB 96 COMPLIANCE - ANNUAL SUBSCRIPTION Fitness Grill 65.78 LUNCH MEETING - 5 ATTEND Seasurf Fish Co 37.30 LUNCH MEETING - 2 ATTEND BNI Building News 150.12 2024 PUBLIC WORKS COSTBOOK Maguroya 128.23 LUNCH MEETING - 6 ATTEND Home Depot 13.99 BUCKET BAGS FOR UNIT #246 Smart & Final 27.21 BREAKROOM SUPPLIES KENNYS DONUTS 57.35 SAFETY MEETING SUPPLIES Spectrum Enterprise 656.68 INTERNET & DISTRICT TV SERVICES Republic Services #676 689.33 DISPOSAL SERVICE ONLINE Information Services, Inc. 238.88 ONLINE UTILITY EXCHANGE & COLLECTION ONLINE Information Services, Inc. 601.67 ONLINE UTILITY EXCHANGE & COLLECTION Mama's on 39 HB 87.76 LUNCH MEETING - 4 ATTEND Buffer, Inc 24.00 SOCIAL MEDIA ANALYTICS Calif Water Environ Assn (CWEA) 103.00 COLLECTIONS 2 RENEWAL - ISBELL, N Home Depot 111.35 BUILDING REPAIR PARTS ZOOM 55.99 VIRTUAL MEETING SUBSCRIPTION SMARTSHEET 9.00 MONTHLY SOFTWARE SUBSCRIPTION ZOOM 15.99 VIRTUAL MEETING SUBSCRIPTION CVS Pharmacy 11.83 OFFICE SUPPLIES Home Depot 1,508.68 LANDSCAPE REPAIR SUPPLIES National Notary Association 125.00 NOTARY RENEWAL & TRAINING PACKET - MILLEN, M The Cart Guy 998.68 PASSENGER CART RENTAL FOR TOUR Woody's Diner 105.60 LUNCH FOR TOUR GROUP - 5 ATTEND Amazon Capital Services 51.59 EMPLOYEE SERVICE RECOGNITION Amazon Capital Services 29.29 EMPLOYEE SERVICE RECOGNITION Home Depot 207.13 PRODUCTION REPAIR MATERIALS KB Design 91.80 EMBROIDERY FOR DISTRICT POLOS Home Depot 570.06 FESCUE TURF FOR EVENTS Home Depot 50.71 LUMBER FOR CONCRETE REPAIRS Bitwarden Inc. 180.00 PASSWORD PROGRAM Hobby Lobby 20.33 SUPPLIES FOR DISTRICT SPONSORED EVENT VONS 28.93 SUPPLIES FOR DISTRICT SPONSORED EVENT VONS 6.97 SUPPLIES FOR DISTRICT SPONSORED EVENT VONS 3.50 SUPPLIES FOR DISTRICT SPONSORED EVENT Costco 12.99 SUPPLIES FOR DISTRICT SPONSORED EVENT Polly's Pies 81.96 SUPPLIES FOR DISTRICT SPONSORED EVENT Smart & Final 21.00 SUPPLIES FOR DISTRICT SPONSORED EVENT Trader Joes 73.12 SUPPLIES FOR DISTRICT SPONSORED EVENT Francisco Meat Co 411.44 SUPPLIES FOR DISTRICT SPONSORED EVENT Smart & Final 80.38 SUPPLIES FOR DISTRICT SPONSORED EVENT Stater Bros. Markets 242.14 SUPPLIES FOR DISTRICT SPONSORED EVENT Stater Bros. Markets 1.80 SUPPLIES FOR DISTRICT SPONSORED EVENT Northgate Markets 32.21 SUPPLIES FOR DISTRICT SPONSORED EVENT EI Farolito 127.27 SUPPLIES FOR DISTRICT SPONSORED EVENT Party City 146.54 SUPPLIES FOR DISTRICT SPONSORED EVENT APPLE 0.99 OFFICE EXPENSE AIR FILTER SUPPLY 335.53 AIR FILTERS FOR AC UNITS ACWA/JPIA 35.00 HR GROUP MEETING REGISTRATION - SEGURA, 1 California Association Public 275.00 MEMBERSHIP RENEWAL - GONZALEZ, J Orange County Water District 1,600.00 OC WATER SUMMIT SPONSORSHIP Home Depot 31.64 PRODUCTION ELECTRICAL PARTS SPW Industrial 476.63 CARRIER MONITOR FOR AC UNITS Spectrum Enterprise 210.81 INTERNET & DISTRICT TV SERVICES California Association Public 399.00 LEADERSHIP SUMMIT REGISTRATION - GONZALEZ, J Buy Insulation Products.Com 202.90 INSULATION FOR CHILLER Page 24 of 170 Orange County - Tax Collector 1,379.42 J21-36 INSPECTION FEES KENNYS DONUTS 38.40 SAFETY MEETING SUPPLIES KENNYS DONUTS 57.35 SAFETY MEETING SUPPLIES Amazon Capital Services 30.38 CERTIFICATE HOLDERS SMUGMUG.COM 10.00 TASTE OF PLACENTIA GROUP PHOTO Home Depot 16.13 PRODUCTION REPAIR MATERIALS Home Depot 10.57 HANGING STORAGE FOR WELLS Adobe 54.99 SOFTWARE LICENSE AWWA 4,660.00 ANNUAL DUES 11/23-10/24 Yorba Linda Chamber 15.00 LINEN CLEANING 91 Express Lanes 30.00 EXPRESS LANE ACCOUNT REPLENISHMENT AC Pro Inc 43.23 FUSES FOR AC UNITS Spectrum Enterprise 232.18 INTERNET & DISTRICT TV SERVICES UPS Freight 29.80 SHIPPING EXPENSE FOR PRODUCTION Home Depot 106.52 SOD & SHOVELS FOR VALVE CREW Everblooming Floral & Gift 167.17 OFFICE EXPENSE ZOOM 15.99 VIRTUAL MEETING SUBSCRIPTION Spectrum Enterprise 1,988.12 INTERNET & DISTRICT TV SERVICES International Institute of Municipal Clerks 250.00 JOB POSTING - ADMINISTRATIVE ASSISTANT Placentia Chamber Of Commerce 2,599.00 PLACENTIA STATE OF THE CITY SPONSORSHIP Home Depot 101.30 CONCRETE REPAIR SUPPLIES Fantasy Burger 65.84 FOOD FOR STAFF WORKING OT Home Depot 428.85 TOOLS FOR MECHANIC SHOP Home Depot 443.39 QUICKRETE CONCRETE Costco 383.42 BREAKROOM & CLEANING SUPPLIES Party City (27.57) RETURN - SUPPLIES FOR DISTRICT EVENT IN -N -OUT RESTAURANTS 20.36 FOOD FOR STAFF WORKING OT SSL Guru 50.00 SECURITY CERTIFICATES Home Depot 87.61 PRODUCTION CLEANING SUPPLIES & TOOLS International E -Z UP, Inc 163.11 EZ -UP FOR HYDRANT CREW Constant Contact 215.65 SOCIAL MEDIA ENGAGEMENT PLATFORM 37,731.25 Page 25 of 170 ITEM NO. 10.3. Yorba Linda Water District AGENDA REPORT MEETING DATE: October 5, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Delia Lugo, Finance Manager SUBJECT: Cash and Investment Report for the Period Ended August 31, 2023 RECOMMENDATION: That the Board of Directors receive and file the Cash and Investment Report for the Period Ended August 31, 2023. BACKGROUND: Government Code Section 530607, et. seq., requires the person delegated to invest funds to make a monthly report of investments to the legislative body. The Cash and Investment Portfolio Report presents the market value and percent yield for all District investments by institution. The Cash and Investment Summary Report includes budget and actual interest and average term portfolio information as well as market value broken out by reserve categories. The Fair Value Measurement Report categorizes investments by the fair value hierarchy established by generally accepted accounting principles. The Unrestricted Reserves and Days in Cash Graph presents Water Unrestricted Reserve Balances and Days in Cash at a particular point in time for the last seven years. The average portfolio yield for the month ended August 31, 2023 is 4.54%. The District's Total Cash and Investment balance as of August 31, 2023 resulted in an overall net decrease from that of July 31, 2023 by approximately $2.4 million. This decrease is predominantly due to a drawdown of approximately $2.2 million from the 2022A Bond proceeds account at U S Bank for capital project related expenses in the reporting month. ATTACHMENTS: Cash and Investment Reports and Graphs for Period Ending August 2023 Page 26 of 170 Yorba Linda Water District Cash & Investment Portfolio Report August 31, 2023 Market % Date of Percent Value Par of Total Institution Maturity Yield Checking Account: 2,627,934 $ 2,627,934 Wells Fargo Bank 2,627,934 $ 2,627,934 4.24% Total 0.00% Depository Account $ 550,116 550,116 US Bank Depository Account (Lennar - Cielo Vista Dev) 2.37% $ 550,116 $ 550,116 0.89% 2.37% Money Market Accounts: $ 1,388,211 $ 1,388,211 US Bank (2017A & 2022A Revenue Bonds) 2.37% 4,477,041 4,477,041 US Bank (Money Market) 5.01% 17,742,931 17,742,931 CAMP (Liquidity Fund) 5.52% 1,220,906 1,220,906 Public Agency Retirement Svcs. (PARS) 5.87% $ 24,829,088 $ 24,829,088 40.06% Total 5.26% US Treasury Notes 1,349,458 1,355,000 US Treasury Note 9/30/2023 5.27% 1,130,561 1,140,000 US Treasury Note 10/31/2023 5.34% 889,317 900,000 US Treasury Note 11/30/2023 5.35% 379,044 385,000 US Treasury Note 12/31/2023 5.39% 370,136 375,000 US Treasury Note 1/31/2024 5.33% 560,852 570,000 US Treasury Note 2/29/2024 5.31% 740,814 755,000 US Treasury Note 3/31/2024 5.32% 773,872 800,000 US Treasury Note 7/31/2024 5.21% 772,872 800,000 US Treasury Note 8/31/2024 5.18% 791,032 800,000 US Treasury Note 9/30/2024 5.10% 791,720 800,000 US Treasury Note 10/31/2024 5.06% 802,726 810,000 US Treasury Note 11/30/2024 5.01% 800,094 810,000 US Treasury Note 12/31/2024 4.97% 803,639 815,000 US Treasury Note 1/31/2025 4.90% 804,403 810,000 US Treasury Note 2/28/2025 4.84% 795,347 810,000 US Treasury Note 3/31/2025 4.78% 758,232 785,000 US Treasury Note 4/30/2025 4.73% $ 13,314,118 $ 13,520,000 21.48% Total 5.12% Pooled Investment Accounts: $ 20,662,212 $ 20,662,212 Local Agency Investment Fund 3.43% $ 20,662,212 $ 20,662,212 33.34% 3.43% $ 61,983,468 $ 62,189,350 100% Total Investments 4.54% 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. 1-� Delia Lugo, Finance Manager 8/31/23 Page 27 of 170 INVESTMENT BY CATEGORY BALANCES (AS OF 8-31-2023) ■ Checking Account: ■ Money Market Accounts: ■ US Treasury Notes: ■ Pooled Investment Accounts: ■ Depository Account Pooled Investment Accounts: 33.34% Depository Account _ 0.89% Checking Account: 4.24 Checking Account. Money Market Accounts: US Treasury Notes: Pooled Investment Accounts: Depository Account Total Money Market Accounts: 40.06% r Note 6 $ 2,627,934 4.24% $ 24,829,088 40.06% $ 13,314,118 21.48% $ 20,662,212 33.34% $ 550,116 0.89% $ 61,983,468 100.00% Page 28 of 170 YLWD Cash & Investment Summary Report Below is a chart summarizing the yields as well as terms and maturities for the month of August 2023: Average # of Month Portfolio Days to of 2023 Yield Maturity August 4.54% 1 Below are charts comparing operating fund interest for current and prior fiscal years. Actual Interest 8/31/2022 8/31/2023 Monthly - August $ 9,347 $ 137,413 Year -to -Date $ 19,255 $ 273,415 Budget 2022/2023 2023/2024 Interest Budget, August YTD $ 17,821 $ 165,800 Interest Budget, Annual $ 106,925 $ 994,800 Interest earned on investments is recorded in the fund that owns the investment. Cash & Investment Summary Comparison Between Current and Previous Month The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds is as follows: The table below displays the District's Cash and Investment balance of $61.9 million which is allocated between the established reserve funds, Wells Fargo Checking Account, and restricted funds held at U.S. Bank for current Bond transaction and PARS for the pension/OPEB transactions. The estimated number of Days in Cash, based on the preliminary unaudited statements, are 315 for the Un -Restricted Water Reserve and 769 for the Un -Restricted Sewer Reserve balances, as of August 31, 2023. Fund Description July 2023 Balance % Alloc 7/31/2023 August 2023 Balance % Alloc 8/31/2023 Water Operating Reserve $ 19,609,852 44.49% $ 18,614,259 43.41% Water Emergency Reserve 7,557,777 17.15% 7,593,069 17.71% Water Capital Project Reserve 4,091,822 9.28% 4,013,150 9.36% MWD Contingency Reserve - 0.00% - 0.00% Rate Stabilization Reserve 4,385,437 9.95% 4,405,324 10.27% Un -Restricted Water Reserve Balance $ 35,644,888 $ 34,625,802 Conservation Reserve Employee Liability Reserve Restricted Reserve Balance Sewer Operating Reserve Sewer Emergency Reserve Sewer Capital Project Reserve Un -Restricted Sewer Reserve Balance Total Reserve Balances Wells Fargo Bank Checking Water Operating Sewer Operating US Bank Held (Restricted) Rev. Bond 2017A -Principal & Interest Rev. Bond 2022A - Acquisition & COI Depository Account - Lennar - Cielo Vista Dev $ 109,255 0.25% 319,226 0.72% $ 428,481 $ 3,697,283 8.39% 2,041,722 4.63% 2,268,586 5.15% $ 8,007,591 $ 44,080,959 100.00% 1,011,881 566,427 1,578,309 272 16,972,981 550,113 Public Agency Retirement Svc. -PARS (Restricted) 1,242,338 Total Cash and Investments $ 64,424,972 $ 109,767 0.26% 320,722 0.75% $ 430,489 $ 3,508,327 8.18% 2,049,712 4.78% 2,267,851 5.29% $ 7,825,890 $ 42,882,181 100.00% 1,946,490 681,444 2,627,934 276 14,702,055 550,116 1,220,905 $ 61,983,468 Page 29 of 170 Yorba Linda Water District Financing Authority Revenue Bonds, Series 2022A Activity Summary as of August 31, 2023 Date Description Amount 07/28/22 Beginning Balance $30,000,000 08/01/22 Requisition #1 Paydown Bank of America Revolving Line of Credit Subtotal of Bond Proceeds for YLWD CIP 85% Target Spenddown of Bond Proceeds for CIP by 7/28/2025 09/28/22 Requistion #2 - Reimburse District for eligible construction costs 10/27/22 Requistion #3 - Reimburse District for eligible construction costs 11/29/22 Requistion #4 - Reimburse District for eligible construction costs 01/27/23 Requistion #5 - Reimburse District for eligible construction costs 03/28/23 Requistion #6 - Reimburse District for eligible construction costs 04/26/23 Requistion #7 - Reimburse District for eligible construction costs 05/22/23 Requistion #8 - Reimburse District for eligible construction costs 06/26/23 Requistion #9 - Reimburse District for eligible construction costs 07/31/23 Requistion #10 - Reimburse District for eligible construction costs ($5,743,751) $24,256,249 $20,617,812 ($2,725,606) ($391,170) ($201,714) ($167,104) ($849,529) ($121,844) ($1,125,195) ($496,613) ($1,455,452) Available Balance of Target Spenddown as of August 31, 2023 $13,083,585 Revenue Bonds, Series 2022A Use of Funds to Meet 85% Spenddown Target by July 28, 2025 $7,534,2271 37% $13,083,585 63% Available Balance as of Reporting Date ■ Total Spenddown to Date Page 30 of 170 PARS (Public Agency Retirement Services) Funding Summary for August 31, 2023 Transaction Date Transaction Description Water Operating Pension Water Sewer Operating OPEB Operating Sewer Pension Operating OPEB Account Total ■ Beginning Balance as of 7/1/23 806,297.48 309,143.73 83,510.06 18,632.96 1,217,584.23 7/31/2023 Management Fees (383.70) (147.11) (39.74) (8.87) 1,217,004.81 7/31/2023 Investment Gain/(Loss) 16,775.61 6,431.96 1,737.49 387.67 1,242,337.54 8/31/2023 Management Fees (386.64) (148.24) (40.04) (8.93) 1,241,753.69 8/31/2023 Investment Gain/(Loss) (13,805.83) (5,293.32) (1,429.90) (319.04) 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 1,220,905.60 Account Balance by Account Type 808,496.92 309,987.02 83,737.87 18,683.79 $ 1,220,905.60 66.22% 25.39% 6.86% 1.53% 100% 1,220,905.60 double check 892,234.79 328,670.81 Chart Balance 1,220,905.60 Statement Balance 1,220,905.60 Variance (0.00) 1,220,905.60 Page 31 of 170 Pension OPEB Total Initial Contribution as of 12/28/2017 $ 247,599.00 - 247,599.00 Additional Contribution 6/26/19 $ 1,105,248.00 587,339.00 1,692,587.00 Total Contributions 1,940,186.00 Total Distribution to CaIPERS $ (631,392.00) - (631,392.00) Total Distribution to YLWD $ (337,936.88) (337,936.88) Total Gain (or Loss) from Inception $ 196,092.98 92,938.15 289,031.13 Total Management Fees from Inception $ (25,313.19) (13,669.46) (38,982.65) Balance as of 7/31/2023 $ 892,234.79 $ 328,670.81 $ 1,220,905.60 1,220,905.60 double check 892,234.79 328,670.81 Chart Balance 1,220,905.60 Statement Balance 1,220,905.60 Variance (0.00) 1,220,905.60 Page 31 of 170 ITEM NO. 10.4. Yorba Linda Water District AGENDA REPORT MEETING DATE: October 5, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Vivian Lim, Human Resources Analyst SUBJECT: Claim for Damages Filed by Cari McCormick RECOMMENDATION: That the Board of Directors reject and deny the claim filed by Cari McCormick. BACKGROUND: On August 2, 2023, the District received a claim filed by Cari McCormick. The claimant was sent a Notice of Insufficiency via email and U.S. Mail on August 17, 2023. The claimant was informed that the District needed additional information to evaluate the claim. The claim will be rejected and denied because the claimant failed to provide such information. The supporting documents are on file and available for review in the office of the General Manager. Page 32 of 170 ITEM NO. 11.1. Yorba Linda Water District AGENDA REPORT MEETING DATE: October 5, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Amendments to Board of Directors' Policies and Procedures Manual RECOMMENDATION: That the Board of Directors consider the proposed and any additional amendments to the Policies and Procedures Manual and adopt Resolution No. 2023 -XX approving said amendments. BACKGROUND: The Board routinely reviews its policies and procedures manual to determine if any amendments are desired. Revisions were last adopted by resolution in January 2023 and then by minute order in April 2023. Since that time, the Board has discussed other revisions related to travel expense payment and reimbursement, and designation of voting representatives for association elections, among a few other topics. General counsel, labor counsel, and staff have also noted proposed amendments to provide additional clarification and align with current practice and new legislation. Any amendments adopted relating to the provision of payment and reimbursement of travel expenses will need to be reflected in the employee policy. STRATEGIC PLAN INITIATIVES: G5 2D - Maintain a strong District culture and ethics as described in core values. 1. 2023 BOD Policies and Procedures Manual - REDLINE 2. Resolution No. 2023 -XX - Amending Board Policy and Procedures Manual 3. 2023 BOD Policies and Procedures Manual - FINAL Page 33 of 170 YORBA LINDA WATER DISTRICT Board of Directors Policies and Procedures Manual Last Amended january 5, 2023 Resolution No. 2023-XXO-1 Page 34 of 170 TABLE OF CONTENTS 1.0 PURPOSE AND SCOPE..................................................................................................................................3 2.0 DISTRICT MISSION, VISION AND CORE VALUES.......................................................................................4 2.1 Mission Statement........................................................................................................................... 4 2.2 Vision................................................................................................................................................. 4 2.3 Core Values......................................................................................................................................4 3.0 BASIS OF BOARD AUTHORITY......................................................................................................................4 4.0 DUTIES, RESPONSIBILITIES AND CONDUCT................................................................................................5 4.1 Board and General Manager Duties and Responsibilities.......................................................5 4.2 Board Members' Code of Conduct and Ethics........................................................................8 5.0 COMPOSITION, TERMS AND VACANCY.................................................................................................14 6.0 OFFICERS.....................................................................................................................................................16 6.1 President and Vice President...................................................................................................... 16 7.0 APPOINTED STAFF AND OTHERS...............................................................................................................17 7.1 General Manager, Secretary, Assistant Secretary and Treasurer ......................................... 17 7.2 District Leaal and Labor Counsel............................................................................................... 18 7.3 District Auditor................................................................................................................................ 18 7.4 Consultants.....................................................................................................................................19 8.0 COMMITTEES...............................................................................................................................................19 9.0 DIRECTORS' COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT..........................................19 9.1 Directors' Compensation............................................................................................................. 19 9.2 Benefits............................................................................................................................................21 9.3 Travel Expense Reimbursement..................................................................................................21 9.4 District Issued Credit Cards..........................................................................................................24 9.5 Communications Exoense Reimbursement.............................................................................25 9.6 Disclosure of Expenditures/Reimbursements............................................................................26 10.0 BOARD MEETINGS, GENERAL....................................................................................................................26 10.1 Regular Meetings.......................................................................................................................... 26 10.2 Special Meetings...........................................................................................................................27 10.3 Emergency Meetings...................................................................................................................27 11.0 BOARD MEETINGS, AGENDAS..................................................................................................................28 11.1 Agendas......................................................................................................................................... 28 11.2 Order of Business........................................................................................................................... 30 12.0 BOARD MEETINGS, MINUTES.....................................................................................................................33 13.0 BOARD MEETINGS, CONDUCT..................................................................................................................33 13.1 Guidelines for Discussion.............................................................................................................. 33 14.0 BOARD ACTIONS AND DECISIONS..........................................................................................................34 15.0 EXHIBITS AND APPENDIXES.......................................................................................................................35 2 Page 35 of 170 ■ i1 1.0 PURPOSE AND SCOPE 1.1 The purpose of this manual is to provide a compilation of policies and procedures approved by the Board to facilitate the proper conduct of District business. Each Director shall be provided with a copy of this manual when assuming office and as revisions are Yorba Linda Water District Board of Directors' Policies and Procedures Manual 3 Page 36 of 170 adopted, With the PE G eS GrGI rrGGed, Fee GGRtG;Red hero n, If any portion of this manual is in conflict with federal or state law or regulations that apply to the District, said legislation or regulations shall prevail. 2.0 DISTRICT MISSION, VISION AND CORE VALUES 2.1 Mission Statement Yorba Linda Water District will provide reliable water and sewer services to protect public health and the environment with financial integrity and superior customer service. 2.2 Vision Yorba Linda Water District will accomplish our mission to improve the quality of life for those we serve by: A. Embracing Proven Technology B. Improving Customer Satisfaction C. Providing Efficient and Responsive Operations D. Ensuring Reliable Infrastructure 2.3 Core Values The Yorba Linda Water District Board of Directors and staff are guided in everything we do by the following core values: Integrity- We demonstrate integrity every day by practicing the highest ethical standards and by ensuring that our actions follow our words. Accountability - We acknowledge that both the Board and staff of the District are accountable to the public that we serve, as well as to each other. Responsibility - We take full responsibility for our actions. We maintain a commitment of courtesy, assessment, and resolution with all customer concerns. Transparency - We listen to our customers and communicate openly about our policies, processes, and plans for the future. Teamwork - We work together by sharing information and resources to achieve common goals. Respect - We ensure every voice of the District is treated with dignity and civility; differences are valued and individual abilities and contributions are recognized. 3.0 BASIS OF BOARD AUTHORITY 4 Page 37 of 170 3.1 The District is a County Water District, organized and existing under the County Water District Law (WC § 30000 et seg.). The Board is the legislative body, and functions as the District's policymaking body (WC § 30575. It can only function as a unit. e pGr+ frern +heir i--R#-,Individual Directors have no authority with regard to any aspect of District business. 3.2 As individuals, Directors may not commit the District to any policy, act, or expenditure without prior Board approval nor give direction to the General Manager, staff, legal counsel, or consultants without prior Board approval (see also Section 4.1 A). Directors do not represent any fractional segment or region of the community but are part of a legislative body that represents and acts for the District as a whole. Since Directors are elected officials, no Director may delegate his/her authority to act as a Director. 4.0 DUTIES, RESPONSIBILITIES AND CONDUCT 4.1 Board and General Manager Duties and Responsibilities A. The Board's primary responsibility is the formulation and evaluation of District policy. The Board establishes goals, objectives, expectations, and measurement criteria for the General Manager's performance. Diirec�ersG-re—The Board is responsible for monitoring District progress in attaining its goals and objectives while pursuing its mission. The Board,,,epAbe4;Tshall provide policy direction and instructions to the General Manager on matters within the authority of the Board by a majority uorum) vote during a duly convened meeting of the Board. The General Manager is responsible for running the District's business. The General Manager may delegate Rroutine matters concerning operational aspects of the District to District staff Gre deleaGted to orefessiGRGI staff members bv the GeRerr-,I B. IR erd To assist in the governance of the behavior between and among members of the Board, the following practices shall be observed: 1. The dignity, style, values and opinions of each Director shall be respected. 2. Responsiveness and attentive listening in communication is encouraged. 3. The needs of the District's constituents shall be the priority of the Board of Directors. 4. Directors shall commit themselves to emphasizing the positive, avoiding double talk, hidden agendas, gossip, backbiting, and other negative forms of interaction. 5. Directors shall commit themselves to focusing on issues and not personalities. The presentation of the opinions of others shall be encouraged. Cliques and voting blocks based on personalities rather than issues shall be avoided. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 5 Page 38 of 170 6. Differing viewpoints are healthy in the decision-making process. Individuals have the right to disagree with ideas and opinions, but without being disagreeable. Once the Board takes action, Directors shall commit to supporting said action and not create barriers to the implementation of said action. C. IR To maintain effective working relationships and support the chain of command, the following procedures shall be followed: 1. Board members shall address matters within the authority of the General Manager through the General Manager, not directly through District employees, legal counsel, or consultants. 2. Accordingly, individual Directors' requests for information as necessary to assist in decision making and policy direction shall always be made to the General Manager. 3. Requests for readily available written information, documents, reports, studies, or analyses shall not require formal Board approval. 4. Requests that require more than four hours of staff or consultant time for compilation, or if they require less than four hours but are of a recurring nature, shall be approved by a majorityuorum I vote of the Board during a duly convened meeting. 5. Responsive materials to Directors' requests for information shall be distributed by the General Manager or his/her designee to all Board members at the same time. 6. If the General Manager's response is deemed inadequate, a Director may contact the Board President or raise the issue directly at a Board meeting, where the Board shall determine by majority (cauoruml vote whether or not the issue warrants attention and if so, schedule it for a future meeting. 7. The General Manager or his/her designee's time spent with Directors or responding to Directors' requests shall also be tracked and made available to the Board for evaluation on a quarterly basis. 8. If the General Manager anticipates being unavailable, he/she shall notify the Board in advance and provide a designee contact. 9. When the General Manager is unavailable in person or by technological means, Board members, at their discretion, may contact the General Manager's designee. 10. Board members shall refrain from making requests directly to District employees or legal counsel to undertake analysis, perform work assignments, or change the priority of work assignments. District employees have been instructed to notify the General Manager of all requests received from a Board member within 48 hours. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 6 Page 39 of 170 11. If approached by an employee concerning District policy, Board members shall direct inquiries to the appropriate staff supervisor or General Manager. 12. In handling complaints from residents and property owners of the District, said complaints shall be referred directly to the General Manager. 13. In handling matters related to public safety, concerns shall be reported to the General Manager or the District office. Emergency situations shall be dealt with immediately by seeking appropriate assistance. 14. In seeking clarification for policy -related concerns, especially those involving personnel, legal action, land acquisition and development, finances, and programming, said concerns shall be referred directly to the General Manager. D. The work of the District is a team effort. All individuals shall work together in the collaborative process, assisting each other in conducting the affairs of the District. 1. When responding to constituent requests and concerns, Directors shall be courteous, responding to individuals in a positive manner and routing their questions through appropriate channels. 2. Directors shall develop a working relationship with the General Manager wherein current issues, concerns, and District projects can be discussed comfortably and openly. 3. Directors shall function as a part of the whole. Issues shall be brought to the attention of the Board as a whole, rather than to individual members selectively. E. Directors shall attend all meetings of the Board, including committee, agency, and intergovernmental meetings to which they may be assigned, unless there is good cause for absence, and be properly prepared for participation and deliberation. F. Should a Director have a question related to an agenda item when preparing for a meeting, such questions should be submitted to the General Manager at least 24 hours in advance of the meeting. G. New Directors shall participate in a minimum of six hours of basic governance training within one year from the first day of service with the District. Participation in the Governance Foundations course, offered by the California Special District Association's Special District Leadership Academy or Special District Leadership Foundation approved equivalent, shall satisfy the basic governance training requirement. H. The Board shall review the policies and procedures contained in this manual biennially or more often as required. I. The Board may determine to shell e perform an assessment of the governing body's effectiveness and its relationship with staff eR GR GRR GI bee s befere r,^+�3; 11 The BeGrd PnGy utilizinge the survey included in this manual (see Exhibit A-9) or choosin�ce another method for accomplishing this task. Yorba Linda Winer District Board of Directors' Policies and Procedures Manual 7 Page 40 of 170 4.2 Board Members' Code of Conduct and Ethics A. It is the policy of the District to require the highest standards of ethics from its Board members. The operation of the District requires that LLdecisions and policy be made within the proper channels of governmental structure, u#h-a# the public office not be used for personal gain, and u#ha# all individuals associated with the District remain impartial and responsible towards the public. Accordingly, it is the policy of the District that Board members shall maintain the highest standard of personal honesty and fairness in carrying out their duties. The following are requirements for ethical conduct to be followed by the Board: 1. Board members are obligated to uphold the Constitution of the United States and the Constitution of the State of California, and to uphold the laws of national, state, and local governmental agencies. Board members shall comply with all applicable laws regulating their conduct, including conflicts of interest, financial disclosure, and open government laws. It is the responsibility of Board members to conduct themselves both professionally and personally in a manner above reproach and to avoid the appearance of impropriety. 2. New Directors shall participate in a minimum of two hours of ethics compliance training and two hours of harassment prevention training as soon as practical, but not more than six months, from the first day of service with the District and at least once every two years thereafter. A Director who serves on more than one local agency board may satisfy this requirement by obtaining such training once every two years without regard to the number of boards on which he/she serves. The District shall provide information regarding available training on an annual basis. All Directors shall provide a copy of proof of participation in these trainings to the District. Copies of proofs of participation shall be considered public documents and shall be retained for a minimum of five years. IGC § 53234 et seq.; GC § 53237 et seq.) 3. Board members ithe perferrnGRGe ef it effiGielrJ'�S G a reSPG sihili+ion shall neither harass nor discriminate against any individual on the basis of their protected classification (s), the perception of any individual's protected classification (s), or because the individual associates with a person who has or is perceived to have a protected classification (s). The term "pP-rotected cC-lassification" includes race (including but not limited to, hair texture and protective styles), religion or religious creed, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth, gid—breastfeeding, or related medical conditions), sexual orientation (including heterosexuality, homosexuality, and bisexuality), national origin, ancestry, citizenship status, marital status, age (40 or overt, medical condition, genetic characteristics or information, military or veteran status, GRd physical or mental disability (whether perceived or actual), reproductive health decision-making, and any other basis protected by law. No Board member shall grant any unfair or inappropriate consideration, treatment, or advantage to any individual or group beyond that which is available to others or groups with the same circumstances. No Board member shall retaliate against any individual because the individual enaaaed in protected activity. The term "protected Yorba Linda Water District Board of Directors' Policies and Procedures Manual 8 Page 41 of 170 activity" includes, but is not limited to (a) making a request for accommodation for a disability; (b) making a request for accommodation for religious beliefs; (c) making a complaint against a Board member; (d), opposing violations of this manual; or (e) participating in any investigation or procedures undertaken pursuant to this manual. a. Any Board member who receives a complaint/report regarding harassment, discrimination, or retaliation shall immediately report it to the General Manager. The General Manager, in consultation with legal counsel, will determine what level of investigation and response is necessary. b. If a Board member is the subject of a complaint, the General Manaaer and District Counsel will hire an outside investiaator, as appropriate, to investigate the complaint. The investigation shall be conducted in a way that ensures, to the extent feasible, the privacy of the parties involved. i. The investigation will typically include interviews with the reporting individual, the accused, and any other person who is believed to have relevant knowledge concerning the allegations. Any Board member who is identified as a subject or witness in the investigation must cooperate with the investigator, including by submitting to an interview. Anx Board members interviewed by the investigator shall not discuss the interview with any individuals or District employees. Any retaliation by a Board member against the reporting individual or any individuals who participate in the investigation is prohibited. ii. The investigator shall submit a written report to the General Manaaer and District Counsel. The General Manaaer and/or District Counsel will consult with the Board members who are not a subject of the investigation about the results of the investigation and any remedial action, if necessary, designed to end any violations of this manual. Any Board member found to have discriminated, harassed, or retaliated against any individual may be subject to appropriate sanction or censure as determined by the Board members who are not a subject of the investigation. iii. The District will take reasonable steps to protect the reporting party from further harassment, discrimination, and/or retaliation. iv. The investigation report is attorney work -product and attorney-client privileged and the Board members who are not a subject of the investigation will not waive the privileges and disclose the investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or a court order. At the conclusion of the investiaation, the General Manaaer and/or District Counsel Yorba Linda Water District Board of Directors' Policies and Procedures Manual 9 Page 42 of 170 will notify the appropriate persons of the disposition of the investigation. 3-.v. Subsection A.3. is based primarily on the Harassment, Discrimination, and Retaliation Prevention Policy (POL-7010- 005) which applies to District employees and others. Accordingly, the General Manager and District Counsel may rely on language in that Policy, which does not conflict with Subsection A.3., to implement Subsection A.3. Title VII of the Civil Riqhts Act [42 USC $ 2000e et sea]; Aqe Discrimination in Employment Act [29 USC § 623 et seg.]; Americans with Disabilities Act [42 USC 121011; Equal Pay Act [29 USC § 206(d)J; Fair Employment and Housing Act [GC 12940 et. seq.]; 2 CCR § 11023 et seq.; Equal Employment Opportunity Commission, Checklist For Emolovers (available at httos://www.eeoc.aov/checklists-and-chart- risk-factors-employers 4. Except where specifically authorized by the General Manager in the public interest, no Board member shall knowingly use or permit the use of District - owned vehicles, equipment, telephones, materials, or property, nor require a District employee to perform services for personal convenience or profit. Board members shall safeguard the District's property, equipment, moneys, and assets against unauthorized use or removal, as well as from loss due to criminal act or breach of trust. 5. Board members shall not disclose information that legally qualifies as confidential to unauthorized individuals without approval from a majority (quorum) vote of the Board and consultation with legal counsel. This includes information that (1) has been received during a Closed Session; (2) is protected from disclosure under the attorney/client or other evidentiary privilege; or (3) is not required to be disclosed under the California Public Records Act (GC § 7920 et seq. A Board member may make a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury necessary to establish the alleged illegality of a District action. Prior to disclosing confidential information, however, a Board member shall first bring the matter to the attention of either the General Manager, District Counsel, and/or Prors ,ion+ ^r the full Board in closed session. 6. Board members shall avoid conflicts; or perceived conflicts of interest in connection with District decisions and activities (GC § 1090J. a. A Board member shall not have a financial interest in a contract with the District, which includes the purchase or sale of goods and services. The Board shall not authorize any District contract if a Board member is financially interested in the contract. b. A Board member shall not participate in the discussion, deliberation, or vote on a matter before the Board, or attempt to influence a decision of the Board; if the Board member has a financial interest, which is prohibited under California law. If a Board member believes Yorba Linda Water District Board of Directors' Policies and Procedures Manual 10 Page 43 of 170 that he/she may be disqualified from participation in the discussion, deliberations, or vote on a particular matter due to a financial interest, the following procedures shall be followed: L If a Board member becomes aware of the potential conflict of interest before a Board meeting at which the matter will be discussed or acted on, the Board member shall notify the General Manager and legal counsel of the potential conflict of interest so that a determination can be made whether it is a disqualifying conflict of interest. H. If it's not possible for a Board member to discuss the potential conflict with the General Manager and legal counsel before the meeting, or if the Board member does not become aware of the potential conflict until during the meeting, the Board member shall immediately disclose the potential conflict during the Board meeting (see Exhibit BG), so that there can be a determination as to whether it is a disqualifying conflict of interest. iii. Upon a determination that there is a disqualifying conflict of interest, the Board member shall: (1) publicly identify the interest that gives rise to the conflict or potential conflict in sufficient detail to be understood by the public; (2) recuse themselves from participating in the discussion, deliberation or vote on the matter for which a conflict of interest exists, which shall be so noted in the Board minutes; and (3) leave the room until after the discussion, vote and any other disposition of the matter is concluded. The Director shall not be counted toward achieving a quorum while the item is discussed. This process also applies when the disqualifying conflict of interest is on the Consent Calendar except the Director is not required to leave the room. C. A Board member shall not recommend the employment of a relative to the District or to a vendor, contractor, or consultant known by the Board member to be bidding or negotiating a contract with the District. 7. To avoid non-compliance with the Ralph M. Brown Act (GC § 54950 et se. , Directors are prohibited from sending and receiving electronically produced messages during meetings. 8. For a period of one year after leaving office, former Board members shall not represent any non-governmental entities before the District for compensation. This restriction shall not apply to governmental entities. B. Board members are prohibited from soliciting political funds or contributions at District facilities and prohibited from using the District's seal, trademark, logo, branding, stationary, or other indicia of the District's identity, in any solicitation for political contributions contrary to State law. A Board member shall not accept, solicit, or direct a political contribution from: Yorba Linda Water District Board of Directors' Policies and Procedures Manual 1 1 Page 44 of 170 I . District employees or legal counsel. 2. Consultants or contractors used by the District in the past 12 months. 3. Individuals, entities, vendors, consultants, sub -consultants, contractors, or sub -contractors which have a personal or financial interest in a contract or other matter while it is pending before the District and for 6 months after the District renders a final decision on that contract or other matter. 3-A. Any other party as prohibited by law. C. The appointment or election of a Board member to a public entity, other than the District, may result in action that is contrary or inconsistent with the interests of the District and could result in loss of the member's position of the Board. Board members may, with consent of the Board, consult with legal counsel and the Board may authorize a request for an opinion from the Attorney General of the State of California as to the incompatibility of offices. D. No Board member shall receive or agree to receive, directly or indirectly, any compensation, reward, honoraria, or gift from any source except for recognition from the District for any action related to the conduct of the District's business. A Board member shall not accept gifts that exceed the limitations specified in California law. Any and all gifts, campaign contributions, income, and financial information shall be disclosed as required under the provisions of the Political Reform Act of 1974 and applicable regulations adopted by the Fair Political Practices Commission. E. Board members and persons elected or appointed, who have not yet assumed office as members of the Board, shall fully comply with the provisions of the Ralph M. Brown Act (GC § 54950 et seg.). F. The General Manager has primary responsibility for (1) ensuring compliance with the District's personnel policies and procedures; (2) ensuring that District employees do not engage in improper activities; (3) investigating allegations of improper activities; and (4) taking appropriate corrective and disciplinary actions. The Board ensures that the General Manager is eper #�Rgmana_ging the District according to the law and the policies approved by the Board. 1. Board members shall disclose to the General Manager, to the extent not expressly prohibited by law, improper activities within their knowledge. Board members shall not interfere with the General Manager's responsibilities in identifying, investigating, and correcting improper activities; unless the Board determines the General Manager is not properly carrying out these responsibilities. 2. A Board member shall not directly or indirectly use or attempt to use the authority or influence of their position to intimidate, threaten, coerce, command, or influence any person for the purpose of preventing such person from acting in good faith to bring to the attention of the General Manager or the Board any information that, if true, will constitute a work- related violation by a Board member or District employee of any law, er regulation, or this manual. This includes, but is not limited to (1) misappropriation or waste of District funds; (2) abuse of authority; (3) Yorba Linda Water District Board of Directors' Policies and Procedures Manual 12 Page 45 of 170 creating substantial danger to public health or safety by an act or omission of a District official or employee; (4) use of a District office or position or of District resources for personal gain; or (5) a conflict of interest of a Board member or employee. G. Directors are not subject to the District's Conflict of Interest Codes; but are subject to the disclosure requirements of the Political Reform Act IGC § 87100 et seq.; GC 87203. Directors are required to file a Statement of Economic Interests (Form 700) with the County when assuming office, on an annual basis thereafter, and when leaving office. Filing of these forms shall be performed using the County's e -file system. H. Directors appointed to other agency's boards (e.g. OCSanQ or ACWA-JPIA) shall be required to file Form 700's in accordance with that respective agency's Conflict of Interest Codes. H. I. The following procedures shall be followed when any member of the Board reasonably believes that another member of the Board has engaged in alleged misconduct or has failed to act in the best interests of the District. These procedures shall not be effective in any case in which a non -board member seeks redress for alleged misconduct by a Board member. While the Board has discretion in deciding the actions it may choose to take in response to a complaint, this section provides definitions and procedures related to three types of actions: admonition, sanction, and censure. 1. Admonition is the least severe form of action. An admonition may typically be directed to all members of the Board, reminding them that a particular type of behavior is not in the best interests of the District, and that, if it occurs or is found to have occurred, could cause a member to be subject to sanction or censure. An admonition may be issued in response to a particular alleged action or actions, although it will not necessarily have to be triggered by a complaint of misconduct. An admonition may be issued by the Board prior to any findings of fact regarding any complaint, and because it is a warning or reminder, will not necessarily require an investigation. 2. Sanction is the next most severe form of action. Sanction shall be directed to an individual member of the Board based on a particular action (or set of actions) that is determined to be misconduct but is considered by the Board not to be sufficiently serious to require censure. A sanction may be based upon the Board's review and consideration of a complaint. A sanction may be issued by the Board, and because it is not punishment or discipline, will not necessarily require an investigation. 3. Censure is the most severe form of action. Censure is a formal statement of the Board officially reprimanding one of its members. It is a punitive action, which serves as a penalty imposed for misconduct, but it carries no fine or suspension of the rights of the member as an elected official. It can however, include such actions as the disapproval of expense reimbursement requests, de -authorization of attendance at conferences, seminars, and other activities at District expense, removal of the member from Board committee, agency, and intergovernmental meeting assignments, and other such remedies as may be deemed appropriate by Yorba Linda Water District Board of Directors' Policies and Procedures Manual 13 Page 46 of 170 the Board. Censure shall only be used for cases in which the Board determines that the misconduct is a serious offense. In order to protect the overriding principle of freedom of speech, the Board shall not impose censure on any of its members for the exercise of his/her First Amendment rights, no matter how distasteful the expression was to the Board or the District. However, nothing herein shall be construed to prohibit the Board from collectively condemning and expressing their strong disapprobation of such remarks. Before the imposition of a censure, the Director accused of a violation shall be entitled to written notice of the allegation, the right to provide a written response to the allegation, and an opportunity to respond in writing as to the results of an investigation. J. All complaints shall be submitted in writing to the General Manager and/or the District's legal counsel for review and determination as to whether there is sufficient basis for further action. Complaints that specifically seek admonition, sanction, or censure as a specific remedy shall be treated as a request for that remedy. Once a complaint has been filed, the General Manager, in conjunction with legal counsel, shall bring the matter before the Board. The Director named in a complaint shall be given an opportunity to respond to the complaint in writing. If the Board determines, in consultation with legal counsel, that an investigation is warranted, the Board shall initiate an investigation by the appropriate investigator, entity, or authority, as determined in the reasonable discretion of the Board. In the event of such an investigation, a report of the findings of said investigation, along with the accused Director's written response to the report, shall be presented to the board for majority (quorum) action. If there is no merit, the matter shall be disposed of with no further action. When the Board decides, based upon findings and the accused Director's defense, that a violation has occurred, it may choose to impose one of the above listed internal remedies. Any action taken by the Board to impose a sanction or censure; shall be taken by way of written resolution. K. At any point during any of these processes, the Board may refer the matter, as appropriate, to the Orange County District Attorney or other proper authorities for possible investigation, enforcement, or prosecution. Prior to or following such referral, the Board may also proceed with any of the actions described in this section. 5.0 COMPOSITION, TERMS AND VACANCY 5.1 The District shall have a Board of five Directors each of whom, whether elected or appointed, shall be a voter of the District (WC § 30068; WC X30500 et sea.). 5.2 The term of office of each Director, other than Directors appointed to fill an unexpired term, shall be four years (WC § 30502. Terms of office are staggered, with elections held in November of every even numbered year (WC § 30700. 5.3 Elections are held at large, which means that all voters throughout the District have the opportunity to vote for any person seeking election (EC § 10500 et seq. 5.4 Before entering upon the duties of his/her office, each Director shall take GRd SybSGriho the effoGiel Beth Gr,I fico if with the Secretary. The oath of office may be taken before the Secretary, any member of the Board, or any officer authorized by law to administer oaths (WC § 30509-30510). 14 Page 47 of 170 5.5 Each Director elected or appointed shall hold office until his/her successor qualifies (WC 30506). 5.6 If a person elected fails to qualify, the office shall be filled as if there were a vacancy in the office (WC , 305031. 5.7 From time to #r4etime, a vacancy may occur on the Board for a variety of reasons. An office becomes vacant on any of the following events before the expiration of a Director's term (GC § 1770 et seg.): A. Death of an incumbent; B. A court's declaration that the incumbent is physically or mentally incapacitated; C. Resignation; D. Removal from office; E. Ceasing to be an inhabitant of the District; F. Absence from the state beyond periods allowed by law; G. Ceasing to discharge the duties of the office for three consecutive months; H. Conviction of a felony; I. Refusal or neglect to file required oath of office; J. Declaration by a competent tribunal that election or appointment is void; or K. Commitment to a hospital or sanitarium by a court of competent jurisdiction. 5.8 All vacancies occurring in the office of Director shall be filled pursuant to Section 1780 of the Government Code (see also WC § 30504). The District shall notify the county elections official of the vacancy no later than 15 days after the Board is notified of the vacancy or the effective date of the vacancy, whichever is later. A. The remaining members of a five person board may fill a vacancy by appointment. The appointee shall hold office until the District general election 130 days or more after the effective date of the vacancy. Appointments shall be made within 60 days after the effective date of the vacancy. Notice of the vacancy shall be posted in three or more conspicuous places within the District and published in a newspaper of general circulation at least 15 days prior to an appointment. The remaining members may call an election to fill the vacancy within 60 days of the vacancy, in lieu of an appointment, on the next available election date provided by Chapter 1 of Division 1 of the Election Code that is 130 days or more after the vacancy. B. If the vacancy is not filled or an election called within 60 days of the vacancy, the County Board of Supervisors may fill the vacancy within 90 days of the vacancy or order the District to call an election to fill the vacancy. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 15 Page 48 of 170 C. If neither (A) or (B) has occurred within 90 days, the District shall call an election to be held on the next available election date provided by Chapter 1 of Division 1 of the Election Code that is 130 days or more after the vacancy occurs. D. If the remaining Board falls below a quorum, the Board of Supervisors may waive the 60 day period provided in (A) and appoint immediately; or may call an election to fill the vacancy under Chapter 1 of the Election Code. The Board of Supervisors shall only fill enough vacancies to provide a quorum. Appointees shall hold office until the next District general election. Electees shall hold office for the unexpired balance of the term of office. 5.9 If a Director's place of residence is moved outside District boundaries, and if within 180 days of the move, the Director fails to reestablish a place of residence within the District, it shall be presumed that a permanent change of residence has occurred and that a vacancy exists on the Board (GC § 1770; WC § 30508). 6.0 OFFICERS 6.1 President and Vice President A. A President and Vice President of the Board shall be elected annually at the District's reorganization meeting held at the first regular meeting of the Board in December of each year. The President shall assume the chair of the Presiding Officer immediately after election. B. The President shall make committee, agency, and intergovernmental meeting assignments, subject to consent of the Board, annually by the first meeting of the Board of Directors to be held in January of the subsequent year. C. If the President is absent from a meeting of the Board, the Vice President shall serve as the Presiding Officer. If both the President and Vice President are absent, the Secretary shall take the chair so that the Directors present may elect a Presiding Officer. Upon late arrival of the President or Vice President at the meeting, the chair shall be relinquished at the first opportunity not disruptive to the conduct of business. D. In the event the President becomes incapacitated or is otherwise unable to act in his/her official capacity, as determined by a majority(quorum) vote of the Board, the Vice President shall serve until the incapacity is cured or relieved. In the event the Vice President becomes incapacitated or is otherwise unable to act in his/her official capacity, as determined by a majority (quorum) vote of the Board, an interim Vice President shall be elected at the District's next regular meeting of the Board to serve until the incapacity is cured or relieved. E. The Presiding Officer, established pursuant to these policies, shall conduct the proceedings of the Board. F. The Presiding Officer shall sign all ordinances, resolutions, and contract documents approved and adopted by the Board (WC § 30578). 16 Page 49 of 170 F -.G. The President, or the Vice President in the absence of the President, will serve as the District's voting delegate for all association elections. G H. The President and Vice President of the Board shall serve as the President and Vice President of the Public Financing Corporation and Chair and Vice Chair of the Financing Authority. The Officers of the Corporation and the Authority shall be affirmed annually at the District's reorganization meeting held at the first regular meeting of the Board in December of each year or as necessary. H-.1. Individuals serving as President or Vice President of the Board and the Corporation, and Chair and Vice Chair of the Authority, may be removed from office by a majority uorum vote of the Board. 7.0 APPOINTED STAFF AND OTHERS Appointed Staff, as defined in this section, shall mean the General Manager, Board Secretary, Assistant Board Secretary, and Treasurer, who are appointed by the Board. 7.1 General Manager, Secretary, Assistant Secretary and Treasurer A. A General Manager shall be appointed by a majority(quorum) vote of the Board and serve at the pleasure of the Board. The General Manager shall perform all duties-LIJ set forth in County Water District Law (WC $ 30000 et segs, LZLset forth in these policies, LaLset forth in the General Manager's contract with the District, L4Limposed by the Board, and min accordance with governing laws and regulations. In accordance with (1)-(5)r the General Manager shall: (a-�) have full charge and control of the maintenance, operation, and construction of the District's water and wastewaterwerks er weter werks systems of the D str c4; (b-2) have full power and authority to employ and discharge all employees GRId I-q-Si#G—RtS Gt pleGS �ro; (c3) prescribe the duties of employees ryrrA—Ssis+/'Y h+C; (d/1ee) fix and alter the compensation of employees P -Rd mss s+subject to budget limitations approved by the Board; (e5) perform other duties imposed by the Board; and (16) report to the Board in accordance with the rules and regulations as adopted by the Board (WC § 30580-30581). B. A Secretary and Assistant Secretary shall be appointed by a majority(quorum) vote of the Board and serve at the pleasure of the Board. The Secretary, or the Assistant Secretary in the absence of the Secretary, shall attest all ordinances and resolutions approved and adopted by the Board, countersign all contract documents approved and adopted by the Board, prepare the minutes of each meeting held by the Board, and perform all duties uset forth in the County Water District Law (WC § 30000 et seg.), uset forth in these policies, uimposed by the Board, and uin accordance with governing laws and regulations. C. A Treasurer shall be appointed by a majority uorum vote of the Board and serve at the pleasure of the Board. The Treasurer shall perform all duties set forth in the County Water District Law. (WC § 30000 et seg.), uset forth in these policies, QLimposed by the Board, and min accordance with governing laws and regulations. The Treasurer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the District(WC�305822 . 17 Page 50 of 170 D. A member of the Board shall not serve as the General Manager, Secretary, Assistant Secretary, or Treasurer. The same person may be appointed as General Manager and Secretary or Secretary and Treasurer. There shall be no additional compensation for also serving as Secretary, Assistant Secretary, or Treasurer if the individual so serving is an employee of the District. E. The Secretary, Assistant Secretary, and Treasurer of the District shall serve as the Secretary, Assistant Secretary, and Treasurer of the Public Financing Corporation. The General Manager, Finance Manager, and Senior Executive Assistant; shall serve as the Executive Director, Treasurer, and Secretary of the Financing Authority. Appointed staff of the Corporation and Authority shall be affirmed annually at the District's reorganization meeting held at the first regular meeting of the Board in December of each year or as necessary. F. The District shall insure against losses caused by an officer or employee of the District in lieu of providing a bond or bonds. The amount and terms of this insurance coverage shall be equivalent to the provisions specified in the District's insurance policy for Crime Coverage - Public Employee Theft. (WC § 30545; GC 53226.3 G. Individuals serving as General Manager, Secretary, Assistant Secretary, or Treasurer of the Board and the Corporation, and Executive Director, Treasurer, and Secretary of the Authority, may be removed from their appointments by a majority (quorum) vote of the Board. 7.2 District Legal and Labor Counsel A. The District's Legal and Labor Counsel are law firms that are appointed by the Board of Directors and report to the Board during Board meetings. 1. Legal Counsel shall serve as the attorney for the District in all legal matters pertaining to the operation, maintenance, and other related business of the District. Legal Counsel shall perform such duties as the Board or General Manager may request, and shall (1) review all Board actions to insure legality and acceptability under law; (2) prepare or review legal documents and provide legal counsel, as required by the Board or General Manager; and (3) attend and/or participate in Board meetings and other meetings as directed by the Board or the General Manager. 2. Labor Counsel shall serve as the attorney for the District in all legal matters pertaining to employment law and other related business of the District. Labor Counsel shall perform such duties as the Board or General Manager may request, and shall (1) review all employment related matters to insure legality and acceptability under law; (2) prepare or review employment and labor related documents and provide legal counsel, as required by the Board or General Manager and (3) attend and/or participate in Board meetings and other meetings as directed by the Board or the General Manager. 7.3 District Auditor A. The District's Auditor is a certified audit firm that is appointed by and reports to the Board, and that conducts the District's annual audit and prepares the District's Yorba Linda Water District Board of Directors' Policies and Procedures Manual 18 Page 51 of 170 annual audit report (WC § 30582). The District's auditor shall be rotated on a periodic basis. Contracts for independent auditing services shall be awarded for an initial period of three years, with the option of extending up to two subsequent years (for a maximum total of five), unless otherwise determined by the Board. 7.4 Consultants A. The Board may from time -to -time select, retain, compensate, define the scope and efforts of, and dismiss consultants to support or provide information to the Board in developing policy level decisions or in implementing Board actions. In doing so, the Board shall delegate to the General Manager the responsibility for day-to-day direction of the work of the consultant. 8.0 COMMITTEES 8.1 From time to time, the Board may establish committees, whether standing or ad hoc, to assist with the performance of its duties and policy advice. In keeping with the Board's broader focus, committees shall not direct the implementation of District programs and projects. Committees shall assist the Board by preparing policy alternatives and implications for Board consideration. Committees shall not act on the Board's behalf unless authorized by a majority (quorum) vote of the Board. Said authorization shall not conflict with the duties assigned to the General Manager. In order to preserve the organizational structure and support the chain of command, committees shall not exercise authority over staff or staff operations. 8.2 The purpose of each established committee shall be reviewed by the Board on an annual basis, prior to making Director assignments, in order to determine their continuing relevance. 8.3 The Board previously adopted the Fair Political Practices Commission's (FPPC) Form 806 as the District's official form for reporting public official appointments and has directed staff to post a completed form on the District's website in accordance with the requirements set forth in FPPC Regulation 18705.5. 1 9.0 DIRECTORS' COMPENSATION, BENEFITS, AND EXPENSE REIMBURSEMENT 9.1 Directors' Compensation A. As of January 23, 2003, compensation for members of the Board shall be $150 per day for each day's attendance at meetings of the Board, GRd other meetings attended at the request of the Board, and participation in mandatory training, including reasonable and necessary travel time (see Appendix 1). Compensation for any type of service shall not exceed ten days in any calendar month District Ord. 03-01; WC § 20202; WC § 30507). B. Director attendance at events sponsored by JLLthe District or (2) the following organizations shall be preG ther zo,rsubjeGt te budget liPAitGtiGRGapproved by the Board subject to budget limitations: 1. Association of California Cities - Orange County (ACC -OC) 4-.2. Association of California Water Agencies (ACWA) 2-.3. Association of California Water Agencies - Joint Powers Insurance Authority (ACWA-JPIA) 19 Page 52 of 170 3:4. American Water Works Association (AWWA) 5. California Association of Mutual Water Companies (CalMutuals) 4.6. California Association of Sanitation Agencies (CASA) &.7. California Special Districts Association (CSDA) A-.8. California -Nevada Section of American Water Works Association (CA -NV AWWA) 7-.9. Chambers of Commerce eIeGted /GppeiRted effirir-SIS P -Ind #Gff ) X10. Colorado River Water Users Association (CRWUA) x-0:11. Educational Institutions 412. Independent Special Districts of Orange County (ISDOC) 13. Local, State, and Federal Governmental Agencies (Including meetings with elected/appointed officials and staff.) 414. Metropolitan Water District of Southern California (MWDSC or MET) 415. Municipal Water District of Orange County (MWDOC) 44-.16. Non-political Community Service Organizations 17. Orange County Business Council (OCBC) 418. Orange County Local Agency Formation Commission (OC LAFCO) 419. Orange County Sanitation District (OCSanQ) 420. Orange County Water Association (OCWA) 48:21. Orange County Water District (OCWD) 22. Santa Ana Watershed Project Authority (SAWPA) 423. Special District Leadership Foundation (SDLF) 20.24. Urban Water Institute (UWI) 25. Water Advisory Committee of Orange County (WACO) 2-1,26. Water Education Foundation (WEF) C. Director attendance at events sponsored by any other organization than those listed above requires preapproval or ratification by a majority (guorum) vote of the Board in order to be considered as an activity for the purposes of compensation. D. Directors shall complete an Activity Report and Compensation Form (see Exhibit Cg) on a monthly basis. Directors have until the 15'" day of the following month to file said reports with the General Manager or his/her designee. If an activity report is not returned by this deadline, no compensation shall be paid to the Director for that reporting period. Exceptions to this provision shall be presented to the Board of Directors for review and approval. E. All activity reports shall be reviewed and approved by the President or the Vice President. The President's activity report shall be reviewed and approved by the Vice President. Increases in compensation are limited to five percent for each calendar year following the operative date of the last adjustment (District Ord. 03-01; WC § 20202. The Board shall consider its compensation rate following the reorganization meeting held at the first regular meeting of the Board in December of each year. If the Board recommends an increase in the amount of compensation, an Ordinance shall be considered and adopted by the Board according to the following procedures: Yorba Linda Water District Board of Directors' Policies and Procedures Manual 20 Page 53 of 170 I . A public hearing shall be held prior to adoption of the Ordinance (WC 20203). 2. Notice of the hearing shall be published in a newspaper of general circulation once a week for two successive weeks prior to the public hearing IGC § 6066). 3. The Ordinance shall become effective 60 days from the date of its final passage (WC § 20204 . G. The District does not provide any of its Directors with loans. 9.2 Benefits A. Directors and their eligible dependents may participate in the health benefits plans provided by the District, including medical, dental, and vision plans. The District shall pay the premium amount for Directors and 2/3 of the r�romii .m GPAGUR their eligible dependents. DireG+^rs Gro reSPGRsible fGr PGY Rg the hrvl a the p; emit im Grne .p.t. fe;-eligibledepeRGIeRtS. Health benefits provided to Directors shall not be greater than the most generous plan being offered to any group of District employees. A Director is also eligible for District - provided post -service health benefits if the following conditions are satisfied: the Director's term began before January 1, 1995 and continued uninterrupted until on or after May 27, 2010; and the Director began receiving health benefits from the District before January 1, 1994. The rate of accrual for post -service health benefits is one year of benefits for each three years of service to the District as a Director. In addition to the terms and conditions provided herein, any terms or conditions set forth in the personnel rules of the District that are applicable to retiree health benefits shall also apply to post -service health benefits for Directors, except those conditions relating to good standing and adequate notice of retirement. Directors are also eligible for District -provided Group Life insurance and Accidental Death and Dismemberment insurance in amounts up to $50--9,000 each. Additionally, Directors may elect to participate in the District's deferred compensation plan. Enrollment in any of the above benefits plans is subject to the rules and restrictions of the plans. 9.3 Travel Expense Reimbursement A. Directors are encouraged to attend conferences, conventions, meetings, symposiums, intergovernmental meetings, and legislative sessions relating to the mission of the District. Directors shall receive reimbursement or payment of expenses, according to District rules, incurred in the performance of their duties as required or authorized by the Board. Attendance at an event must be preapproved or ratified by a majority (quorum)vote of the Board during a duly convened meeting in order to be considered as an activity for the purposes of payment or reimbursement of travel expenses. Directors' rates for reimbursement and payment of travel expenses shall not be greater than rates specified for District employees. B. Directors shall be reimbursed for actual costs to attend activities as follows: Flight: Coach or Economy Class Yorba Linda Water District Board of Directors' Policies and Procedures Manual 21 Page 54 of 170 Car Rental: Most Economical Size Vehicle, Government/Group Rate Lodging: Published Conference Group Rate, Equally Comparable or Lower Rate, Government Rate, or GSA Rate (See Section D) Meals: $90 Per Day Actual and Necessary Expenses: $30 Per Day C. Expenditures for lodging, meals, and transportation shall provide for reasonable and necessary comfort and convenience. Directors shall be mindful that public funds are being spent and that only a reasonable and necessary level of expense is warranted. Add-on expenses such as upgrades, early boarding, and early check-in shall not be considered reimbursable. D. When available, Directors must use coach or economy class for commercial travel and the published conference group rate, an equally comparable or lower rate, or government rate for lodging. If these rates are not available, the reimbursable amount shall be limited to the per diem rates set forth by the US General Service Administration (GSA) at http://www.gsa.gov. For travel by personal vehicle, mileage shall be reimbursed at the standard rate adopted by the US Internal Revenue Service in effect at the time of travel. Personally owned vehicles used in the conduct of District business must be insured for property and liability damage in an amount not less than the minimum limits required by the California Financial Responsibility Act. In no case shall the amount paid for mileage reimbursement for use of a personally owned vehicle used for travel in lieu of air travel exceed the cost of coach or economy class or equivalent airfare based on the date the Director registered to attend an activity or conduct business on behalf of the District. F. Reimbursement for taxi, rideshare, rail, bus, or other reasonable ground transportation shall be for the actual costs plus tip not to exceed 20% and applicable taxes. G. Reimbursement for parking and toll charges shall be for actual costs. H. Meal expenses include the reasonable and necessary costs of meals and beverages, not including alcoholic beverages. Meal expenses shall be reimbursed on a daily basis not to exceed $90 per day. Meal expenses for partial days shall be reimbursed on a meal by meal basis as follows: $20 for breakfast, $30 for lunch, and $40 for dinner. Said maximums for meal expenses exclude taxes and gratuities which are considered actual and necessary expenses (see Section 9.3. IG). ARY. Any amount spent over the daily or partial day reimbursable amounts set forth in this section may not be deducted from another day's reimbursable amount during that same activity. Additionally, any amounts not spent over the daily or partial day reimbursable amounts set forth above may not be added to another day's reimbursable amount during that same activity. No reimbursement shall be provided for alternative meals when the District has paid for the cost of the activity including any incorporated meals. Attendance at receptions before dinner shall not be considered a meal. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 22 Page 55 of 170 I. Actual and necessary expenses include taxes and gratuities for meals, tips for drivers, baggage carriers, and hotel staff. This does not include the cost of laundry, cleaning or pressing of clothes, or telephone calls. J. Reimbursement of all reasonable and necessary expenses for internet service to conduct District business while traveling shall be for actual costs. K. Arrangements for transportation, lodging, or registration fees that have cancellation or change penalties shall be carefully monitored by the requesting Director. If a cancellation or change occurs due to a personal request or obligation of the Director, they will be responsible for paying the corresponding penalty, except when determined by a majority (quorum) vote of the Board during a duly convened meeting that the reason for the cancellation was legitimate and authorized. L. The District shall not incur any costs for a spouse, or other accompanying person. M. If an expense does not fall within the reimbursement rates identified in this policy, it must be preapproved by a majority (quorum) vote of the Board in a public meeting. N. In order to obtain reimbursement for qualified expenses, the following procedures must be followed: 1. Directors shall submit a completed Travel Expense Reimbursement Form (see Exhibit D€) for conference, convention, or symposium attendance, together with all original itemized receipts and corresponding route maps, within 60 calendar days following the attended event, with the exception of expenses incurred during the month of June. Requests for reimbursement of travel expenses incurred during this period must be submitted within 30 calendar days of the attended event for the purposes of financial reporting at the end of the fiscal year. 2. Directors shall also submit a completed Meeting and Mileage Expense Reimbursement Form (see Exhibit E) for local meeting attendance, together with all original itemized receipts and corresponding route maps, within 60 calendar days following the attended event, with the exception of expenses incurred during the month of June. Requests for reimbursement of meeting and mileage expenses incurred during this period must be submitted within 30 calendar days following the attended event for the purposes of financial reporting at the end of the fiscal year. 3. If the Director does not file an expense report within the above listed deadlines, the District will not reimburse mileage or out-of-pocket expenses. Exceptions to this provision shall be presented to the Board of Directors for review and approval. 4. For any activity that the District prepays expenses, the Director is still required to file an expense report to ensure that any expenses prepaid by the District are properly accounted for. Staff shall assist Directors with these reports as needed. To enforce the timely filing of expense reports the Yorba Linda Water District Board of Directors' Policies and Procedures Manual 23 Page 56 of 170 District may, by majority (quorum) vote of the Board, stop prepaying conference and travel expenses. 5. All expense reimbursement requests shall be reviewed and approved by the President or Vice President. The President's requests shall be reviewed and approved by the Vice President and vice versa, or by another available Director. 6. With the exception of mileage reimbursement, any expense shown on the form must have a corresponding, attached original itemized receipt or other verification document. Summary receipts for meals cannot be accepted as a verification document. 7. If a receipt is lost or not provided, the Director must submit a completed Missing Receipt Affidavit Form (see Exhibit FG) as substantiation of the expense. 8. Directors shall also submit a completed Miscellaneous Gratuities Form (see Exhibit G€i) for such expenses paid in cash without a receipt. 9. All forms, receipts, and verification documents shall be public documents subject to redaction of any confidential information, such as credit card numbers. O. A Director shall not attend a conference or training event for which there is an expense to the District if it occurs after the Director has announced his/her pending resignation, or if it occurs after an election in which it has been determined that the Director will not retain his/her seat on the Board. A Director shall not attend a conference or training event when it is apparent that there is no significant benefit to the District. P. Directors shall provide a brief report about the activity at the next regular Board meeting following attendance. Said report shall detail what was learned at the session(s) that will be of benefit to the District and can be submitted in written or verbal form though ideally no longer than three minutes. Materials from session(s) may be delivered to the General Manager for inclusion in the District's library for future use. 9.4 District Issued Credit Cards A. Directors shall be issued credit cards for their use while traveling or attending meetings on behalf of the District. All purchases made with this card shall comply with the limitations contained in this policy. Personal purchases using this card are strictly prohibited. B. Directors shall submit all original itemized receipts along with appropriate forms (see Section 9.3. NJ and Exhibits D€ and E€) identifying purchases made with a District credit card within 30 calendar days of when the expense was incurred. C. Directors shall report lost or stolen cards to the Finance Manager immediately to prevent potential liabilities. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 24 Page 57 of 170 D. Directors shall return their card to the Finance Manager when leaving office. 9.5 Communications Expense Reimbursement A. In order to facilitate operational efficiency and reduce expenses, the Board has determined that it is in the best interests of the District to have all agendas and other District information distributed to the Board via electronic means instead of providing paper copies whenever possible. While Director participation in and support of this initiative is encouraged, it is not required. Participating Directors are eligible for the reimbursement of expenses associated with the purchase of necessary electronic equipment and related items provided that: The Director is an elected official of the District with more than two months remaining in his/her current term of office. 2. The Director has submitted a completed Communications Expense Reimbursement Form (see Exhibit Ht) in accordance with established procedures. 3. The District shall provide reimbursement, up to $1,000 including applicable taxes and fees every four years (or sooner in the event of loss or theft), for the cost of electronic equipment and related items of the Director's choosing. Qualifying electronic equipment and related items shall include tablets, laptop computers, tablet/laptop covers or cases, protective screen wraps, and downloadable applications specific to the conduct of District business, such as word processing, spreadsheet, or PDF annotation applications. 5:4. One hundred percent of the electronic equipment and approved itemized expenses reimbursed shall be reported on the Director's Form W-2 as taxable income. In providing this information, the District is not offering tax advice. Directors having questions concerning the tax implications of electronic communications reimbursement benefits are urged to contact the Internal Revenue Service or other experts in tax law. B. Expenses that are not reimbursable include, but are not limited to, gift wrapping, enaravina. downloadable applications (other than those used specifically for conducting District businessl, and additional adaptors. 8-.C. Reimbursements shall be processed when proof of purchase and original itemized receipts are submitted by the Director along with a completed form within 30 days of purchase. C,D. Failure to submit a completed form within this time frame shall result in a denial of the Director's request for reimbursement of the expense. Exceptions to this provision shall be presented to the Board of Directors for review and approval. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 25 Page 58 of 170 I . The electronic equipment and related items for which reimbursement is provided shall become the property of the Director and all maintenance is the sole responsibility of the Director. 2. Notwithstanding the foregoing, staff may, from time to time as deemed necessary, provide paper copies of District information to Directors and such provision of paper copies shall not affect the reimbursement of expenses as provided in this section. D-. E. Should a Director experience a loss or theft of electronic equipment for which the full or partial expense was reimbursed by the District, said Director shall submit a written statement and/or police report to the Finance Manager or the General Manager for auditing purposes prior to requesting reimbursement of expenses for the purchase of replacement equipment. Requests for reimbursement of expenses for replacement equipment shall be subject to the limitations and requirements as set forth above. -.F. All communications expense reimbursement requests shall be reviewed and approved by the President or Vice President. The President's requests shall be reviewed and approved by the Vice President and vice versa, or by another available Director. Any requests for reimbursement that fall outside the limitations contained in this policy shall be reviewed and preapproved by a majority uorum vote of the Board during a duly convened meeting. 9.6 Disclosure of Expenditures/Reimbursements A. A full accounting of expenditures of public funds under this policy shall be made and become part of the records of the District. B. All reimbursements paid by the District of at least $100 for each individual charge for services or product received, shall be disclosed in an annual report following the end of each fiscal year. Reimbursement of an individual charge includes but is not limited to, one meal, lodging for one day, transportation, or a registration fee paid to any Director. This report shall be made available for public inspection upon request (GC § 53065.5). C. All travel expenses and reimbursements paid by the District on behalf of a Director shall be disclosed in a quarterly report and provided to the Board for review at a regular meeting. 10.0 BOARD MEETINGS, GENERAL All meetings of the Board shall be held at the District's Administration Building located at 1717 East Miraloma Avenue, Placentia, California unless another location is specified on the agenda (WC , 305211. All meetings of the Board shall be open and public and all persons are invited to attend (WC , 305291. The District shall continue to implement all applicable requirements of the Ralph M. Brown Act to ensure transparent, open, and responsive geVe nm eRfgovernment (GC 54950 et seg.). 10.1 Regular Meetings 26 Page 59 of 170 A. Effective January 1, 2023, all regular meetings of the Board shall be held on the first and third Thursday of each month commencing at 3:00 p.m. unless deemed unnecessary by the President or a majority uorum of the Board. Closed Sessions scheduled to occur on the same day as a regular meeting may be noticed separately as a special meeting. Any member of the Board may make a motion to adjourn any Board meeting and/or to complete any item under discussion during meetings lasting more than four hours from the time the Board meeting -s# commencedt. All remaining items on the agenda which have not been acted upon shall be continued to the next regular meeting or as specified by the Board. 10.2 Special Meetings A. Special meetings of the Board may be called by the President or a majority (quorum) of the Board. Whenever a special meeting of the Board is called, notice in writing shall be delivered by the Secretary to each Director, and if notice is requested in writing, to each local newspaper of general circulation and radio or television station. The notice shall be delivered personally or by any other means and shall be received at least 24 hours in advance of the meeting. The notice shall specify the time and place of such meeting and the purpose of the meeting. �1. -The written notice may be dispensed with as to any Director who, at or prior to the time the meeting convenes, files with the Secretary a written waiver of notice (see Exhibit IA. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. 10.3 Emergency Meetings A. In the event of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities or District operations, the Board may hold an emergency special meeting without complying with the 24 hour notice required in Section 10.2 herein. An emergency situation means a crippling disaster which severely impairs public health, safety, or both. The President, or the Vice President in the absence of the President, or the General Manager, may determine if an emergency situation exists. B. Whenever an emergency meeting of the Board is called, notice in writing shall be delivered by the Secretary to each Director, and if notice is requested in writing, to each local newspaper of general circulation and radio or television station. The notice shall be delivered personally or by any other means and shall be received at least one hour in advance of the meeting. In the event that telephonic services are not functioning, the notice requirement of one hour is waived. The Secretary shall then notify such newspapers, radio stations, or television states of the fact of the holding of the emergency meeting, and of any action taken by the Board, as soon after the meeting as possible. C. No Closed Session may be held during an emergency meeting, and all other rules governing special meetings shall be observed with the exception of the 24 hour notice. The minutes of the emergency meeting, a list of persons the Board or designee notified or attempted to notify, a copy of the roll call vote(s), and any actions taken at such meeting shall be posted for a minimum of ten days in the District office as soon after the meeting as possible. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 27 Page 60 of 170 11.0 BOARD MEETINGS, AGENDAS 11.1 Agendas A. Any matter which is to be deliberated, discussed, and/or considered for approval or adoption by the Board at the meeting must be submitted to the Board as part of an agenda (GC § 54950 et seg.). All ordinances, resolutions, and contracts shall be reviewed by legal counsel and approved as to form and legality prior to submission for consideration by the Board. B. The Secretary shall, under direction of the General Manager, prepare an agenda of such matters according to Section 11.2 herein, entitled "Order of Business", including a description of the items to be considered or discussed and, where deemed appropriate by the General Manager, a staff recommendation for each item. C. A copy of the draft agenda for every meeting of the Board (or Committee) shall be provided to the President and Vice President (or assigned Committee members) for review prior to posting by the Secretary. D. A copy of the finalized agenda for every regular meeting of the Board shall be posted at least 72 hours prior to the meeting in a place that is freely accessible to members of the public. Once posted, copies of the complete agenda and supporting materials shall be available for public inspection during business hours at the District office and on the District's website. E. Agendas for all special meetings of the Board shall be posted in the same manner at least 24 hours prior to the meeting. The agenda for a special meeting of the Board is limited to only those matters specifically set forth in the purpose of the call for the special meeting. No other business shall be considered at a special meeting. F. All agendas and other District information shall be distributed to the Board via electronic means instead of providing paper copies. Director incurred expenses for electronic equipment and related items required for receiving, accessing and printing all agendas and information shall be reimbursed in accordance with Section 9.59:9 herein. G. A copy of each agenda for a meeting of the Board shall be mailed to members of the public so requesting them in writing. Any member of the public requesting a copy of a complete agenda and supporting materials shall be charged, in advance, for reproduction costs plus mailing expenses. Exceptions are public agencies, members of the public who request a copy of the agenda without supporting materials, and individuals requesting a copy of an agenda, with or without supporting materials, that contains a specific matter involving that individual as a party. H. All non-exempt writings related to an agenda item and distributed to a majority (quorum) of the Board less than 72 hours prior to the meeting shall be made available for public review on the District's website at the same time. These instructions shall also be included on all agendas at the time of posting. 28 Page 61 of 170 I. Requests for reasonable accommodation for persons with disabilities, including auxiliary aids or translation services, required for participation in Board meetings should be submitted to the Board Secretary at least 48 hours in advance. These instructions shall also be included on all agendas at the time of posting. (GC § 54953 U. Any Director may contact the General Manager and request an item to be placed on an agenda no later than 24 hours before an agenda is scheduled to be closed. In general, all agendas for regular meetings of the Board will be closed on Tuesday's 's at 74-2:00 p.m. the week prior to the meeting date. 1K. Items that require compilation of readily available written information, documents, reports, studies, or analyses shall not require formal Board approval before placement on an agenda. K-. L. Items that require more than four hours of staff or consultant time for compilation, or if they require less than four hours but are of a recurring nature, shall be approved by a majority (quorum) vote of the Board during a duly convened meeting before placement on an agenda. I:M. Any member of the public may request that a matter directly related to District business be placed on the agenda of a regularly scheduled meeting of the Board, subject to the following conditions: The request must be in writing and submitted to the General Manager together with supporting documents and information, if any, at least 10 days prior to the date of the meeting. 2. The General Manager shall be the sole judge of whether the public request is or is not a "matter directly related to District business" and if the matter is to be placed on a future agenda. The public member requesting the agenda item may appeal the General Manager's decision at the next regular meeting of the Board. Any Director may request that the item be placed on the agenda of the Board's next regular meeting. 3. No matter which is legally a proper subject for consideration by the Board in Closed Session shall be accepted. 4. The Board may place limitations on the total time to be devoted to a public request issue at any meeting; and may limit the time allowed for any one person to speak on the issue at the meeting. W.N. Any member of the public may request to present electronic material (such as a PowerPoint presentation) directly related to District business during Public Comments or in relation to a specific agenda item during a regularly scheduled meeting of the Board, subject to the following conditions: 1. The request must be made in writing and submitted to the General Manager together with all electronic materials at least 24-1-2 hours prior to the meeting. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 29 Page 62 of 170 2. The General Manager shall be the sole judge of whether the electronic material is or is not a "matter directly related to District business" and if the material is to be presented during a regularly scheduled Board meeting. The public member requesting to present the electronic material may appeal the General Manager's decision at the next regular meeting of the Board. Any Director may request that the electronic material be presented at the Board's next regular meeting. 11.2 Order of Business A. Upon convening the meeting at the hour set on the date of each meeting, the members of the Board, the Secretary, and General Manager of the District shall take their regular stations in the Board Meeting Room, and the business of the Board shall be taken up for consideration. The Presiding Officer shall immediately call the Board to order and lead in the Pledge of Allegiance to the flag of the United States of America. B. Before proceeding with the business of the Board, the Secretary shall call the roll of the Directors. The Secretary shall enter the names of all Directors, Officers, staff members, and visitors (if known) present in the Minutes of the meeting. C. If a quorum is present, the Secretary shall so advise the Presiding Officer. If a quorum is not present, the Secretary may adjourn the meeting to a time certain for the purpose of obtaining a quorum. Any such reconvened regular meeting shall not constitute a special meeting. In the event a regular or special meeting of the Board is adjourned to a time and date certain, the Secretary shall post a notice of adjournment in a place that is freely accessible to members of the public within 24 hours of such adjournment. D. Three of the five Directors elected or appointed to the Board shall constitute a quorum for any meeting of the Board. Irrespective of the number of Board members constituting a quorum for a particular meeting, a majority (quorum)vote of the Board shall consist of at least three votes. No ordinance, resolution, or motion shall be passed or become effective without the affirmative votes of at least a majority uorum of the members of the Board. E. In comoliance with the Ralph M. Brown Act (GC � 54950 et seg.) as amended fro time to time, Directors mayremotely attend Board a • • ---- • e Duly ■ three. ■ - Gters Director is entitled to participate fully in the meeting and vote from remotete.'P-G-A—AftereRGe location, and all votes shall be taken by roll call. iGRUGFY 1, • - - - F. The Presiding Officer may, on his/her own initiative or at the request of any two Directors, take any item of business out of order, either as to the general order of business or as to the specific agenda as the Secretary has prepared it. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 30 Page 63 of 170 G. The Board may take action on items not appearing on the posted agenda for regular meetings under the following circumstances: 1. Upon determination by a majority (quorum) vote of the Board that an emergency, work stoppage, or crippling disaster exists that impairs public health and/or safety. 2. Upon determination by a two-thirds vote of the Board, or by all Directors if only three are present, that a matter (came to the attention of the District (not the Board) subsequent to posting the agenda and b ##a -needs immediate action by the Board. 3. When an item was posted on the agenda of, and was continued from, a meeting held not more than five days earlier. H. The Order of Business taken up for consideration by the Board is generally organized so that high priority matters are addressed at the beginning of the meeting, and is generally in the following sequence: 1. Introductions and Presentations 2. Public Comments (GC § 54954.3) 3. Public Hearings 4. Consent Calendar 5. Action Calendar 6. Discussion Calendar 7. Informational Reports and Other Business 8. Closed Session (s) 9. Adjournment I. Any person desiring to speak shall first address the Presiding OfficerG4Gir. Upon recognition by the Presiding Officer, the speaker shall be invited to state his/her name, representation and/or affiliation, and the matter on which they wish to comment. If the matter relates to an item on the current agenda, the Presiding Officer shall recognize the speakerper&e and invite their comment when the item is considered. Comments are limited to matters of public interest within the jurisdiction of the District, and shall be no more than three minutes in length unless the speaker is utilizing a translator or a time extension is granted by the Presiding Officer. A maximum of 20 minutes shall be allotted for each subject matter pursuant to the discretion of the Presiding Officer. No action shall be taken on matters not appearing on agenda. (GC § 54954.3 J. The Public Hearings portion of the agenda, if any, shall be held at the time specified in the legal notice advertising such hearing. In general, the order of procedure for a public hearing is as follows: 1. Opening of Hearing by Presiding Officer 2. Verification of Notice of Hearing Provided by Board Secretary 3. Reports by General Manager, Staff and/or Consultant 4. Comments from the Public Speaking in Favor and/or Against the Issue 5. Receipt of Written Communications from the Public 6. Continue or Closing of Hearing by Presiding Officer 7. Questions to Staff and Board Discussion 8. Consideration of Action by the Board Yorba Linda Water District Board of Directors' Policies and Procedures Manual 31 Page 64 of 170 K. The Consent Calendar portion of the agenda shall be consideration, in a single action, of items determined by the Secretary to be routine matters, status reports, or documents implementing previous Board instructions. If a Director has a question or wishes to discuss a Consent Calendar item, they may do so without formally removing the item from the Consent Calendar. If, after such discussion, a Director, staff member, or member of the public has a question or wishes to address a Consent Calendar item further, they may request that the item be removed for further discussion. The Presiding Officer shall immediately grant such requests and transfer the removed item to the Action Calendar for later discussion. Items removed from the Consent Calendar for discussion shall be acted upon separately. All items remaining on the Consent Calendar shall be considered for approval by a single motion. Examples of matters appearing on the Consent Calendar may include, but are not limited to: 1. Minutes of Previous Board Meetings 2. Approval to Pay Warrants 3. Routine Environmental Assessments 4. Approval of Routine Terms and Conditions for Water and/or Sewer Service 5. Approval of Change Orders (With a dollar value within the General Manager's authority consistent with the approved purchasing policy.) 6. Approval of Contracts (For projects identified in the adopted budget.) 7. Final Acceptance of Facilities 8. Disposition of Liability Claims 9. Other Routine Administrative Matters L. The Action Calendar portion of the agenda shall include items requiring staff presentation and/or Board discussion prior to formal Board action. Items shall generally be listed in order of priority and with items of a similar nature grouped together. Items may be addressed out of order upon request and with the consent of the Presiding Officer. M. The Discussion Calendar shall include matters that do not require Board action or that cannot reasonably be expected to result in Board action at that meeting. Matters appropriate for the Discussion Calendar include technical presentations to the Board, review of drafts of proposed policies, and; in general, items for which District staff seeks the advice and counsel of the Board. When time permits, the Board believes the District's best interests are served by discussing more complex matters at one meeting and considering formal action on them at a subsequent meeting. N. The Informational Reports and Other Business portion of the agenda provides an opportunity for the presentation of reports by the General Manager, reports from Committees, reports by Directors who have attended outside meetings, and general comments by Directors. It also provides an opportunity for the Board to schedule future meetings and assignments on the Board's activity calendar. Requests for items to be placed on a future agenda shall be subject to the provisions in Section 11.1 J LJ --K. O. Closed Sessions are strictly limited to the open meeting exceptions as defined in the Ralph M. Brown Act. At times, during Board meetings, the Board may adjourn into Closed Session to discuss personnel matters, real estate negotiations, existing or anticipated litigation, or other matters as specified in the exceptions set forth in Yorba Linda Water District Board of Directors' Policies and Procedures Manual 32 Page 65 of 170 the Brown Act. Appropriate agenda descriptions are also required for Closed Session items. (GC § 54950 et seq.) P. Either the presiding officer may adjourn a Board meeting without a motion or aA motion to adjourn mavt be moved by a Director and seconded by another Director, and is subject to debate. No further business can be conducted after the Presiding Officer adjourns or an affirmative vote to adjourn. Q. The Board may adjourn any regular or adjourned regular meeting to a time and place specified in the motion of adjournment so approved by the Board. 12.0 BOARD MEETINGS, MINUTES 12.1 The Secretary shall keep minutes of all Board meetings. Minutes are to record actions taken and meaningful discussion; they are not intended to be verbatim records. Members of the public requesting information about a meeting shall be encouraged to listen to or watch4e the awe recording made of each meeting. Draft minutes shall be distributed to the Board for review and approval at the next regular meeting or as soon as possible thereafter. Minutes may be approved as part of the Consent Calendar. 12.2 The official minutes of all Board meetings shall be kept in a fire -proof vault or in fire- resistant locked cabinets at the District's Administration office. An audio and/or video recording shall be made of all regular Board meetings, including public hearings, and retained in accordance with the District's records retention policy. 13.0 BOARD MEETINGS, CONDUCT 13.1 Guidelines for Discussion These guidelines are intended to formalize the meeting so that each Director and members of the public, in due course, may be heard (see also Exhibit A. A. The Presiding Officer shall decide, subject to a question of order by any Director, the degree of enforcement of these guidelines at any time during any meeting. B. The Board prefers a flexible form of meeting, believing that this enhances the decision-making process, and may not always conduct its meetings with formal "rules of order" or parliamentary procedure. C. Except for items on the Consent Calendar, Tthe Presiding Officer shall read aloud the title of each item on the agenda as ensirdered with the exGeptieR of i+erns er, the ( GRSeRt GGIeR4Gr. D. Staff will generally provide a presentation for each action or discussion item following which the Presiding Officer will open the floor to public comment on the matter under consideration (see Section 11.2 1). E. Following public comment, the Board will discuss the matter being considered and address questions or comments to staff. F. Any Director desiring to speak shall first address the Presiding OfficerG4GiF. Upon recognition by the Presiding Officer, the Director may speak freely with respect to 33 Page 66 of 170 the matter then before the Board but shall confine his/her comments to the subject under discussion. Any Director, once recognized, shall not be interrupted except by a call to order from the Presiding Officer. If a Director is called to order, he/she shall cease speaking until the question or order is determined; if determined to be in order, they may proceed. G. Any Director moving the adoption or approval of a matter may call for the question. H. The Presiding Officer may move, second, or debate motions from the Boardchir, subject only to such limitations of debate as may be imposed on all Directors, and shall not be deprived of any of the rights and privileges of a Director by serving as the Presiding Officer. The Presiding Officer may vote on all questions or motions before the Board, with his/her name being called last in a roll call vote. True motions to reconsider any Board action must be made at the same meeting at which the original action was taken; however, any Director may make any other type of motion at any meeting. J. The Secretary shall record in the Minutes any dissenting and abstaining votes, or disqualification from voting due to a conflict of interest. K. Unless a Director declares a conflict of interest or abstains, silence shall be recorded in the Minutes as an affirmative vote. The Presiding Officer for each meeting has the responsibility to preserve order and decorum. If at any time, a Director believes order is not being maintained or that procedures being followed are not adequate for the decision-making process at hand, he/she shall call this fact to the attention of the Presiding Officer and request corrective action. If the corrective action taken by the Presiding Officer is not satisfactory, a motion for specific corrective action may be made to the Board. In that event, a majority quorum vote of the Board shall determine the action to be taken. M. In the event any person or group of personspae willfully disrupts cry r,orc^nrVl a DistriGt Board meeting in a manner that orderly conduct of such meeting is unfeasible, the Presiding Officer shall call for order and warn the person or group that their behavior is disrupting the meeting and that failure to cease such behavior may result in their removal from the meeting. If the person or group_ refuses to comply with the Presiding Officer's request for order, the Presiding Officer may declare a recess and cause the person or __group's removals rnm^n G Ir-,"., eRfGFGemenf ^ffiG_or +^ rom^„o the r,orSGR (S from the meetingreem. Once the Presiding Officer takes this action, permission for such person(s) to returnPRGOR tOGt the meeting requires a motion approved by a majority (quorum) vote of the Board. When, in the judgment of the Presiding Officer, order is restored, the meeting shall reconvene and continue with the Board's business. (GC § 54957.9; GC § 54957.95) 14.0 BOARD ACTIONS AND DECISIONS 34 Page 67 of 170 14.1 The Board shall act only by Ordinance, Resolution, or Motion (WC § 30523). The Presiding Officer shall state each matter as it is presented for consideration by the Board and shall announce each decision of the Board. 14.2 Ordinances have the force of law and are an authoritative decree or municipal regulation of the District. Ordinances shall relate to no more than one subject, which shall be clearly expressed in the title of the ordinance. No ordinance, or section thereof, shall be amended or repealed unless the new ordinances contains the title of the ordinance or section amended or repealed. When applicable, ordinances shall be identified to the Board as replacements to existing ordinances or sections thereof. Ordinances must be moved and seconded and shall be adopted only by a roll call vote. The Secretary shall record the names of all Directors and identify them as voting Aye, No, Abstain, or Absent on each adopted ordinance. All ordinances shall be signed by the Presiding Officer and attested by the Secretary. Ordinances shall be in full force and effect upon adoption unless otherwise provided by law, and the Secretary shall be responsible for compliance with any and all legal requirements for publication of the ordinance. 14.3 Resolutions are a formal expression of opinion, will, or intent of the Board. Resolutions must be moved and seconded and shall be adopted only by a roll call vote. The Secretary shall record names of all Directors and identify them as voting Aye, No, Abstain, or Absent on each adopted resolution. All resolutions shall be signed by the Presiding Officer and attested by the Secretary. 14.4 Motions are proposals, made by a Director during a Board meeting, for action, inclination of the mind or will, or a formal proposal made in a deliberative manner by the Board. Every motion considered by the Board must be moved by a Director, seconded by another Director, and is subject to debate. 14.5 Except where action is taken by the unanimous vote of all Directors present and voting, the Secretary shall record the names of all Directors and identify them as voting Aye, No, Abstain, or Absent upon the passage of all ordinances, resolutions, or motions and enter them upon the Minutes of the Board. 15.0 EXHIBITS AND APPENDIXES Exhibits A. AGI<RewledgeMeRt 1-.A. Assessment Survey of Governing Body's Effectiveness C,. -B. Sample Conflict of Interest Declarations D -.C. Activity Report and Compensation Form D. Travel Expense Reimbursement Form �E. Meeting and Mileage Expense Reimbursement Form Fr.F. Missing Receipt Affidavit Form #�G. Miscellaneous Gratuities Form 1-.H. Communications Expense Reimbursement Form 11. Waiver of Written Notice of Special and Emergency Meetings Yorba Linda Water District Board of Directors' Policies and Procedures Manual 35 Page 68 of 170 K-. J. General Guidelines for Parliamentary Procedure Appendixes 1. Setting Compensation for Members of the Board (District Ord. 03-01) Yorba Linda Water District Board of Directors' Policies and Procedures Manual 36 Page 69 of 170 RESOLUTION NO. 2023 -XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING THE BOARD OF DIRECTORS POLICIES AND PROCEDURES AND RESCINDING RESOLUTION NOS. 2022-20 AND 2023-01 WHEREAS, the Yorba Linda Water District was formed pursuant to Division 12 of the California Water Code; and WHEREAS, Section 30530 of the Water Code provides that the Board shall establish rules for its proceedings; and WHEREAS, such rules for proceedings were formerly adopted by the Board in 2018 by resolution and have been amended from time to time; and WHEREAS, it is the desire of the Board of Directors to further amend these rules to incorporate and clarify certain topics. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: SECTION 1. The Board of Directors Policies and Procedures are hereby adopted as attached hereto and by this reference incorporated herein. SECTION 2. The policies and procedures contained in this manual shall take effect immediately and Resolution Nos. 2022-20 and 2023-01 are hereby rescinded. PASSED AND ADOPTED this 5t" day of October 2023 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Brett R. Barbre, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP Resolution No. 2023 -XX Amending Board Policies and Procedures Page 70 of 170 YORBA LINDA WATER DISTRICT Board of Directors Policies and Procedures Manual Last Amended , 2023 Resolution No. 2023 -XX Page 71 of 170 TABLE OF CONTENTS 1.0 PURPOSE AND SCOPE..................................................................................................................................3 2.0 DISTRICT MISSION, VISION AND CORE VALUES.......................................................................................3 2.1 Mission Statement........................................................................................................................... 3 2.2 Vision................................................................................................................................................. 3 2.3 Core Values......................................................................................................................................3 3.0 BASIS OF BOARD AUTHORITY......................................................................................................................4 4.0 DUTIES, RESPONSIBILITIES AND CONDUCT................................................................................................4 4.1 Board and General Manager Duties and Responsibilities.......................................................4 4.2 Board Members' Code of Conduct and Ethics........................................................................ 6 5.0 COMPOSITION, TERMS AND VACANCY.................................................................................................13 6.0 OFFICERS.....................................................................................................................................................15 6.1 President and Vice President...................................................................................................... 15 7.0 APPOINTED STAFF AND OTHERS...............................................................................................................16 7.1 General Manager, Secretary, Assistant Secretary and Treasurer ......................................... 16 7.2 District Legal and Labor Counsel............................................................................................... 17 7.3 District Auditor................................................................................................................................ 17 7.4 Consultants.....................................................................................................................................17 8.0 COMMITTEES...............................................................................................................................................18 9.0 DIRECTORS' COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT..........................................18 9.1 Directors' Compensation............................................................................................................. 18 9.2 Benefits............................................................................................................................................19 9.3 Travel Expense Reimbursement..................................................................................................20 9.4 District Issued Credit Cards.......................................................................................................... 23 9.5 Communications Expense Reimbursement.............................................................................23 9.6 Disclosure of Expenditures/Reimbursements............................................................................25 10.0 BOARD MEETINGS, GENERAL....................................................................................................................25 10.1 Regular Meetings.......................................................................................................................... 25 10.2 Special Meetings...........................................................................................................................25 10.3 Emergency Meetings...................................................................................................................26 11.0 BOARD MEETINGS, AGENDAS..................................................................................................................26 11.1 Agendas......................................................................................................................................... 26 11.2 Order of Business...........................................................................................................................28 12.0 BOARD MEETINGS, MINUTES.....................................................................................................................31 13.0 BOARD MEETINGS, CONDUCT..................................................................................................................31 13.1 Guidelines for Discussion.............................................................................................................. 31 14.0 BOARD ACTIONS AND DECISIONS..........................................................................................................33 15.0 EXHIBITS AND APPENDIXES.......................................................................................................................34 2 Page 72 of 170 1.0 PURPOSE AND SCOPE 1.1 The purpose of this manual is to provide a compilation of policies and procedures approved by the Board to facilitate the proper conduct of District business. Each Director shall be provided with a copy of this manual when assuming office and as revisions are adopted. If any portion of this manual is in conflict with federal or state law or regulations that apply to the District, said legislation or regulations shall prevail. 2.0 DISTRICT MISSION, VISION AND CORE VALUES 2.1 Mission Statement Yorba Linda Water District will provide reliable water and sewer services to protect public health and the environment with financial integrity and superior customer service. 2.2 Vision Yorba Linda Water District will accomplish our mission to improve the quality of life for those we serve by: A. Embracing Proven Technology B. Improving Customer Satisfaction C. Providing Efficient and Responsive Operations D. Ensuring Reliable Infrastructure 2.3 Core Values The Yorba Linda Water District Board of Directors and staff are guided in everything we do by the following core values: Integrity- We demonstrate integrity every day by practicing the highest ethical standards and by ensuring that our actions follow our words. Accountability - We acknowledge that both the Board and staff of the District are accountable to the public that we serve, as well as to each other. Responsibility - We take full responsibility for our actions. We maintain a commitment of courtesy, assessment, and resolution with all customer concerns. Transparency - We listen to our customers and communicate openly about our policies, processes, and plans for the future. Teamwork - We work together by sharing information and resources to achieve common goals. Respect - We ensure every voice of the District is treated with dignity and civility; differences are valued and individual abilities and contributions are recognized. 3 Page 73 of 170 3.0 BASIS OF BOARD AUTHORITY 3.1 The District is a County Water District, organized and existing under the County Water District Law (WC § 30000 et seq.). The Board is the legislative body, and functions as the District's policymaking body (WC § 30575). It can only function as a unit. Individual Directors have no authority with regard to any aspect of District business. 3.2 As individuals, Directors may not commit the District to any policy, act, or expenditure without prior Board approval nor give direction to the General Manager, staff, legal counsel, or consultants without prior Board approval (see also Section 4.1 A). Directors do not represent any fractional segment or region of the community but are part of a legislative body that represents and acts for the District as a whole. Since Directors are elected officials, no Director may delegate his/her authority to act as a Director. 4.0 DUTIES, RESPONSIBILITIES AND CONDUCT 4.1 Board and General Manager Duties and Responsibilities A. The Board's primary responsibility is the formulation and evaluation of District policy. The Board establishes goals, objectives, expectations, and measurement criteria for the General Manager's performance. The Board is responsible for monitoring District progress in attaining its goals and objectives while pursuing its mission. The Board shall provide policy direction and instructions to the General Manager on matters within the authority of the Board by a majority (quorum) vote during a duly convened meeting of the Board. The General Manager is responsible for running the District's business. The General Manager may delegate routine matters concerning operational aspects of the District to District staff. B. To assist in the governance of the behavior between and among members of the Board, the following practices shall be observed: 1. The dignity, style, values and opinions of each Director shall be respected. 2. Responsiveness and attentive listening in communication is encouraged. 3. The needs of the District's constituents shall be the priority of the Board of Directors. 4. Directors shall commit themselves to emphasizing the positive, avoiding double talk, hidden agendas, gossip, backbiting, and other negative forms of interaction. 5. Directors shall commit themselves to focusing on issues and not personalities. The presentation of the opinions of others shall be encouraged. Cliques and voting blocs based on personalities rather than issues shall be avoided. 6. Differing viewpoints are healthy in the decision-making process. Individuals have the right to disagree with ideas and opinions, but without being disagreeable. Once the Board takes action, Directors shall commit to supporting said action and not create barriers to the implementation of said action. 4 Page 74 of 170 C. To maintain effective working relationships and support the chain of command, the following procedures shall be followed: 1. Board members shall address matters within the authority of the General Manager through the General Manager, not directly through District employees, legal counsel, or consultants. 2. Accordingly, individual Directors' requests for information as necessary to assist in decision making and policy direction shall always be made to the General Manager. 3. Requests for readily available written information, documents, reports, studies, or analyses shall not require formal Board approval. 4. Requests that require more than four hours of staff or consultant time for compilation, or if they require less than four hours but are of a recurring nature, shall be approved by a majority (quorum) vote of the Board during a duly convened meeting. S. Responsive materials to Directors' requests for information shall be distributed by the General Manager or his/her designee to all Board members at the same time. 6. If the General Manager's response is deemed inadequate, a Director may contact the Board President or raise the issue directly at a Board meeting, where the Board shall determine by majority (quorum) vote whether or not the issue warrants attention and if so, schedule it for a future meeting. 7. The General Manager or his/her designee's time spent with Directors or responding to Directors' requests shall also be tracked and made available to the Board for evaluation on a quarterly basis. 8. If the General Manager anticipates being unavailable, he/she shall notify the Board in advance and provide a designee contact. 9. When the General Manager is unavailable in person or by technological means, Board members, at their discretion, may contact the General Manager's designee. 10. Board members shall refrain from making requests directly to District employees or legal counsel to undertake analysis, perform work assignments, or change the priority of work assignments. District employees have been instructed to notify the General Manager of all requests received from a Board member within 48 hours. 11. If approached by an employee concerning District policy, Board members shall direct inquiries to the appropriate staff supervisor or General Manager. 12. In handling complaints from residents and property owners of the District, said complaints shall be referred directly to the General Manager. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 5 Page 75 of 170 13. In handling matters related to public safety, concerns shall be reported to the General Manager or the District office. Emergency situations shall be dealt with immediately by seeking appropriate assistance. 14. In seeking clarification for policy -related concerns, especially those involving personnel, legal action, land acquisition and development, finances, and programming, said concerns shall be referred directly to the General Manager. D. The work of the District is a team effort. All individuals shall work together in the collaborative process, assisting each other in conducting the affairs of the District. 1. When responding to constituent requests and concerns, Directors shall be courteous, responding to individuals in a positive manner and routing their questions through appropriate channels. 2. Directors shall develop a working relationship with the General Manager wherein current issues, concerns, and District projects can be discussed comfortably and openly. 3. Directors shall function as a part of the whole. Issues shall be brought to the attention of the Board as a whole, rather than to individual members selectively. E. Directors shall attend all meetings of the Board, including committee, agency, and intergovernmental meetings to which they may be assigned, unless there is good cause for absence, and be properly prepared for participation and deliberation. F. Should a Director have a question related to an agenda item when preparing for a meeting, such questions should be submitted to the General Manager at least 24 hours in advance of the meeting. G. New Directors shall participate in a minimum of six hours of basic governance training within one year from the first day of service with the District. Participation in the Governance Foundations course, offered by the California Special District Association's Special District Leadership Academy or Special District Leadership Foundation approved equivalent, shall satisfy the basic governance training requirement. H. The Board shall review the policies and procedures contained in this manual biennially or more often as required. I. The Board may determine to perform an assessment of the governing body's effectiveness and its relationship with staff utilizing the survey included in this manual (see Exhibit A) or choosing another method for accomplishing this task. 4.2 Board Members' Code of Conduct and Ethics A. It is the policy of the District to require the highest standards of ethics from its Board members. The operation of the District requires that (1) decisions and policy be made within the proper channels of governmental structure, (2) the public office not be used for personal gain, and (3) all individuals associated with the District Yorba Linda Water District Board of Directors' Policies and Procedures Manual 6 Page 76 of 170 remain impartial and responsible towards the public. Accordingly, it is the policy of the District that Board members shall maintain the highest standard of personal honesty and fairness in carrying out their duties. The following are requirements for ethical conduct to be followed by the Board: 1. Board members are obligated to uphold the Constitution of the United States and the Constitution of the State of California, and to uphold the laws of national, state, and local governmental agencies. Board members shall comply with all applicable laws regulating their conduct, including conflicts of interest, financial disclosure, and open government laws. It is the responsibility of Board members to conduct themselves both professionally and personally in a manner above reproach and to avoid the appearance of impropriety. 2. New Directors shall participate in a minimum of two hours of ethics compliance training and two hours of harassment prevention training as soon as practical, but not more than six months, from the first day of service with the District and at least once every two years thereafter. A Director who serves on more than one local agency board may satisfy this requirement by obtaining such training once every two years without regard to the number of boards on which he/she serves. The District shall provide information regarding available training on an annual basis. All Directors shall provide a copy of proof of participation in these trainings to the District. Copies of proofs of participation shall be considered public documents and shall be retained for a minimum of five years. (GC § 53234 et seq.; GC § 53237 et seq.) 3. Board members shall neither harass nor discriminate against any individual on the basis of their protected classification (s), the perception of any individual's protected classification (s), or because the individual associates with a person who has or is perceived to have a protected classification (s). The term "protected classification" includes race (including but not limited to, hair texture and protective styles), religion or religious creed, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth, breastfeeding, or related medical conditions), sexual orientation (including heterosexuality, homosexuality, and bisexuality), national origin, ancestry, citizenship status, marital status, age (40 or over), medical condition, genetic characteristics or information, military or veteran status, physical or mental disability (whether perceived or actual), reproductive health decision-making, and any other basis protected by law. No Board member shall grant any unfair or inappropriate consideration, treatment, or advantage to any individual or group beyond that which is available to others or groups with the same circumstances. No Board member shall retaliate against any individual because the individual engaged in protected activity. The term "protected activity" includes, but is not limited to (a) making a request for accommodation for a disability; (b) making a request for accommodation for religious beliefs; (c) making a complaint against a Board member; (d), opposing violations of this manual; or (e) participating in any investigation or procedures undertaken pursuant to this manual. a. Any Board member who receives a complaint/report regarding harassment, discrimination, or retaliation shall immediately report it Yorba Linda Water District Board of Directors' Policies and Procedures Manual 7 Page 77 of 170 to the General Manager. The General Manager, in consultation with legal counsel, will determine what level of investigation and response is necessary. b. If a Board member is the subject of a complaint, the General Manager and District Counsel will hire an outside investigator, as appropriate, to investigate the complaint. The investigation shall be conducted in a way that ensures, to the extent feasible, the privacy of the parties involved. L The investigation will typically include interviews with the reporting individual, the accused, and any other person who is believed to have relevant knowledge concerning the allegations. Any Board member who is identified as a subject or witness in the investigation must cooperate with the investigator, including by submitting to an interview. Any Board members interviewed by the investigator shall not discuss the interview with any individuals or District employees. Any retaliation by a Board member against the reporting individual or any individuals who participate in the investigation is prohibited. ill. The investigator shall submit a written report to the General Manager and District Counsel. The General Manager and/or District Counsel will consult with the Board members who are not a subject of the investigation about the results of the investigation and any remedial action, if necessary, designed to end any violations of this manual. Any Board member found to have discriminated, harassed, or retaliated against any individual may be subject to appropriate sanction or censure as determined by the Board members who are not a subject of the investigation. iii. The District will take reasonable steps to protect the reporting party from further harassment, discrimination, and/or retaliation. iv. The investigation report is attorney work -product and attorney-client privileged and the Board members who are not a subject of the investigation will not waive the privileges and disclose the investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or a court order. At the conclusion of the investigation, the General Manager and/or District Counsel will notify the appropriate persons of the disposition of the investigation. V. Subsection A.3. is based primarily on the Harassment, Discrimination, and Retaliation Prevention Policy (POL-7010- 005) which applies to District employees and others. Accordingly, the General Manager and District Counsel may Yorba Linda Water District Board of Directors' Policies and Procedures Manual 8 Page 78 of 170 rely on language in that Policy, which does not conflict with Subsection A.3., to implement Subsection A.3. (Title VII of the Civil Rights Act [42 USC § 2000e et seq.]; Age Discrimination in Employment Act [29 USC § 623 et seq.]; Americans with Disabilities Act [42 USC § 12101 ]; Equal Pay Act [29 USC § 206(d)]; Fair Employment and Housing Act [GC § 12940 et. seq.]; 2 CCR § 11023 et seq.; Equal Employment Opportunity Commission, Checklist For Employers [available at https://www.eeoc.gov/checklists-and-chart- risk-factors-employers] ) 4. Except where specifically authorized by the General Manager in the public interest, no Board member shall knowingly use or permit the use of District - owned vehicles, equipment, telephones, materials, or property, nor require a District employee to perform services for personal convenience or profit. Board members shall safeguard the District's property, equipment, moneys, and assets against unauthorized use or removal, as well as from loss due to criminal act or breach of trust. 5. Board members shall not disclose information that legally qualifies as confidential to unauthorized individuals without approval from a majority (quorum) vote of the Board and consultation with legal counsel. This includes information that (1) has been received during a Closed Session; (2) is protected from disclosure under the attorney/client or other evidentiary privilege; or (3) is not required to be disclosed under the California Public Records Act (GC § 7920 et seq.). A Board member may make a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury necessary to establish the alleged illegality of a District action. Prior to disclosing confidential information, however, a Board member shall first bring the matter to the attention of either the General Manager, District Counsel, and/or the full Board in closed session. 6. Board members shall avoid conflicts or perceived conflicts of interest in connection with District decisions and activities (GC § 1090). a. A Board member shall not have a financial interest in a contract with the District, which includes the purchase or sale of goods and services. The Board shall not authorize any District contract if a Board member is financially interested in the contract. b. A Board member shall not participate in the discussion, deliberation, or vote on a matter before the Board, or attempt to influence a decision of the Board if the Board member has a financial interest, which is prohibited under California law. If a Board member believes that he/she may be disqualified from participation in the discussion, deliberations, or vote on a particular matter due to a financial interest, the following procedures shall be followed: II. If a Board member becomes aware of the potential conflict of interest before a Board meeting at which the matter will be discussed or acted on, the Board member shall notify the General Manager and legal counsel of the potential conflict Yorba Linda Water District Board of Directors' Policies and Procedures Manual 9 Page 79 of 170 of interest so that a determination can be made whether it is a disqualifying conflict of interest. H. If it's not possible for a Board member to discuss the potential conflict with the General Manager and legal counsel before the meeting, or if the Board member does not become aware of the potential conflict until during the meeting, the Board member shall immediately disclose the potential conflict during the Board meeting (see Exhibit B), so that there can be a determination as to whether it is a disqualifying conflict of interest. iii. Upon a determination that there is a disqualifying conflict of interest, the Board member shall: (1) publicly identify the interest that gives rise to the conflict or potential conflict in sufficient detail to be understood by the public; (2) recuse themselves from participating in the discussion, deliberation or vote on the matter for which a conflict of interest exists, which shall be so noted in the Board minutes; and (3) leave the room until after the discussion, vote and any other disposition of the matter is concluded. The Director shall not be counted toward achieving a quorum while the item is discussed. This process also applies when the disqualifying conflict of interest is on the Consent Calendar except the Director is not required to leave the room. C. A Board member shall not recommend the employment of a relative to the District or to a vendor, contractor, or consultant known by the Board member to be bidding or negotiating a contract with the District. 7. To avoid non-compliance with the Ralph M. Brown Act (GC § 54950 et seq.), Directors are prohibited from sending and receiving electronically produced messages during meetings. 8. For a period of one year after leaving office, former Board members shall not represent any non-governmental entities before the District for compensation. This restriction shall not apply to governmental entities. B. Board members are prohibited from soliciting political funds or contributions at District facilities and prohibited from using the District's seal, trademark, logo, branding, stationary, or other indicia of the District's identity, in any solicitation for political contributions contrary to State law. A Board member shall not accept, solicit, or direct a political contribution from: 1. District employees or legal counsel. 2. Consultants or contractors used by the District in the past 12 months. 3. Individuals, entities, vendors, consultants, sub -consultants, contractors, or sub -contractors which have a personal or financial interest in a contract or other matter while it is pending before the District and for 6 months after the District renders a final decision on that contract or other matter. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 10 Page 80 of 170 4. Any other party as prohibited by law. C. The appointment or election of a Board member to a public entity, other than the District, may result in action that is contrary or inconsistent with the interests of the District and could result in loss of the member's position of the Board. Board members may, with consent of the Board, consult with legal counsel and the Board may authorize a request for an opinion from the Attorney General of the State of California as to the incompatibility of offices. D. No Board member shall receive or agree to receive, directly or indirectly, any compensation, reward, honoraria, or gift from any source except for recognition from the District for any action related to the conduct of the District's business. A Board member shall not accept gifts that exceed the limitations specified in California law. Any and all gifts, campaign contributions, income, and financial information shall be disclosed as required under the provisions of the Political Reform Act of 1974 and applicable regulations adopted by the Fair Political Practices Commission. E. Board members and persons elected or appointed, who have not yet assumed office as members of the Board, shall fully comply with the provisions of the Ralph M. Brown Act (GC § 54950 et seq.). F. The General Manager has primary responsibility for (1) ensuring compliance with the District's personnel policies and procedures; (2) ensuring that District employees do not engage in improper activities; (3) investigating allegations of improper activities; and (4) taking appropriate corrective and disciplinary actions. The Board ensures that the General Manager is managing the District according to the law and the policies approved by the Board. 1. Board members shall disclose to the General Manager, to the extent not expressly prohibited by law, improper activities within their knowledge. Board members shall not interfere with the General Manager's responsibilities in identifying, investigating, and correcting improper activities unless the Board determines the General Manager is not properly carrying out these responsibilities. 2. A Board member shall not directly or indirectly use or attempt to use the authority or influence of their position to intimidate, threaten, coerce, command, or influence any person for the purpose of preventing such person from acting in good faith to bring to the attention of the General Manager or the Board any information that, if true, will constitute a work- related violation by a Board member or District employee of any law, regulation, or this manual. This includes, but is not limited to (1) misappropriation or waste of District funds; (2) abuse of authority; (3) creating substantial danger to public health or safety by an act or omission of a District official or employee; (4) use of a District office or position or of District resources for personal gain; or (5) a conflict of interest of a Board member or employee. G. Directors are not subject to the District's Conflict of Interest Codes but are subject to the disclosure requirements of the Political Reform Act (GC § 87100 et seq.; GC § 87203). Directors are required to file a Statement of Economic Interests (Form Yorba Linda Water District Board of Directors' Policies and Procedures Manual 11 Page 81 of 170 700) with the County when assuming office, on an annual basis thereafter, and when leaving office. Filing of these forms shall be performed using the County's e -file system. H. Directors appointed to other agency's boards (e.g. OCSan or ACWA-JPIA) shall be required to file Form 700's in accordance with that respective agency's Conflict of Interest Codes. I. The following procedures shall be followed when any member of the Board reasonably believes that another member of the Board has engaged in alleged misconduct or has failed to act in the best interests of the District. These procedures shall not be effective in any case in which a non -board member seeks redress for alleged misconduct by a Board member. While the Board has discretion in deciding the actions it may choose to take in response to a complaint, this section provides definitions and procedures related to three types of actions: admonition, sanction, and censure. 1. Admonition is the least severe form of action. An admonition may typically be directed to all members of the Board, reminding them that a particular type of behavior is not in the best interests of the District, and that, if it occurs or is found to have occurred, could cause a member to be subject to sanction or censure. An admonition may be issued in response to a particular alleged action or actions, although it will not necessarily have to be triggered by a complaint of misconduct. An admonition may be issued by the Board prior to any findings of fact regarding any complaint, and because it is a warning or reminder, will not necessarily require an investigation. 2. Sanction is the next most severe form of action. Sanction shall be directed to an individual member of the Board based on a particular action (or set of actions) that is determined to be misconduct but is considered by the Board not to be sufficiently serious to require censure. A sanction may be based upon the Board's review and consideration of a complaint. A sanction may be issued by the Board, and because it is not punishment or discipline, will not necessarily require an investigation. 3. Censure is the most severe form of action. Censure is a formal statement of the Board officially reprimanding one of its members. It is a punitive action, which serves as a penalty imposed for misconduct, but it carries no fine or suspension of the rights of the member as an elected official. It can however, include such actions as the disapproval of expense reimbursement requests, de -authorization of attendance at conferences, seminars, and other activities at District expense, removal of the member from Board committee, agency, and intergovernmental meeting assignments, and other such remedies as may be deemed appropriate by the Board. Censure shall only be used for cases in which the Board determines that the misconduct is a serious offense. In order to protect the overriding principle of freedom of speech, the Board shall not impose censure on any of its members for the exercise of his/her First Amendment rights, no matter how distasteful the expression was to the Board or the District. However, nothing herein shall be construed to prohibit the Board from collectively condemning and expressing their strong disapprobation of such remarks. Before the imposition of a censure, the Director accused of a violation shall be entitled to written notice of the allegation, the right Yorba Linda Water District Board of Directors' Policies and Procedures Manual 12 Page 82 of 170 to provide a written response to the allegation, and an opportunity to respond in writing as to the results of an investigation. J. All complaints shall be submitted in writing to the General Manager and/or the District's legal counsel for review and determination as to whether there is sufficient basis for further action. Complaints that specifically seek admonition, sanction, or censure as a specific remedy shall be treated as a request for that remedy. Once a complaint has been filed, the General Manager, in conjunction with legal counsel, shall bring the matter before the Board. The Director named in a complaint shall be given an opportunity to respond to the complaint in writing. If the Board determines, in consultation with legal counsel, that an investigation is warranted, the Board shall initiate an investigation by the appropriate investigator, entity, or authority, as determined in the reasonable discretion of the Board. In the event of such an investigation, a report of the findings of said investigation, along with the accused Director's written response to the report, shall be presented to the board for majority (quorum) action. If there is no merit, the matter shall be disposed of with no further action. When the Board decides, based upon findings and the accused Director's defense, that a violation has occurred, it may choose to impose one of the above listed internal remedies. Any action taken by the Board to impose a sanction or censure shall be taken by way of written resolution. K. At any point during any of these processes, the Board may refer the matter, as appropriate, to the Orange County District Attorney or other proper authorities for possible investigation, enforcement, or prosecution. Prior to or following such referral, the Board may also proceed with any of the actions described in this section. 5.0 COMPOSITION, TERMS AND VACANCY 5.1 The District shall have a Board of five Directors each of whom, whether elected or appointed, shall be a voter of the District (WC § 30068; WC § 30500 et seq.). 5.2 The term of office of each Director, other than Directors appointed to fill an unexpired term, shall be four years (WC § 30502). Terms of office are staggered, with elections held in November of every even numbered year (WC § 30700). 5.3 Elections are held at large, which means that all voters throughout the District have the opportunity to vote for any person seeking election (EC § 10500 et seq.). 5.4 Before entering upon the duties of his/her office, each Director shall take with the Secretary. The oath of office may be taken before the Secretary, any member of the Board, or any officer authorized by law to administer oaths (WC § 30509-30510). 5.5 Each Director elected or appointed shall hold office until his/her successor qualifies (WC § 30506). 5.6 If a person elected fails to qualify, the office shall be filled as if there were a vacancy in the office (WC § 30503). 5.7 From time to time, a vacancy may occur on the Board for a variety of reasons. An office becomes vacant on any of the following events before the expiration of a Director's term (GC § 1770 et seq.): 13 Page 83 of 170 A. Death of an incumbent; B. A court's declaration that the incumbent is physically or mentally incapacitated; C. Resignation; D. Removal from office; E. Ceasing to be an inhabitant of the District; F. Absence from the state beyond periods allowed by law; G. Ceasing to discharge the duties of the office for three consecutive months; H. Conviction of a felony; I. Refusal or neglect to file required oath of office; J. Declaration by a competent tribunal that election or appointment is void; or K. Commitment to a hospital or sanitarium by a court of competent jurisdiction. 5.8 All vacancies occurring in the office of Director shall be filled pursuant to Section 1780 of the Government Code (see also WC § 30504). The District shall notify the county elections official of the vacancy no later than 15 days after the Board is notified of the vacancy or the effective date of the vacancy, whichever is later. A. The remaining members of a five person board may fill a vacancy by appointment. The appointee shall hold office until the District general election 130 days or more after the effective date of the vacancy. Appointments shall be made within 60 days after the effective date of the vacancy. Notice of the vacancy shall be posted in three or more conspicuous places within the District and published in a newspaper of general circulation at least 15 days prior to an appointment. The remaining members may call an election to fill the vacancy within 60 days of the vacancy, in lieu of an appointment, on the next available election date provided by Chapter 1 of Division 1 of the Election Code that is 130 days or more after the vacancy. B. If the vacancy is not filled or an election called within 60 days of the vacancy, the County Board of Supervisors may fill the vacancy within 90 days of the vacancy or order the District to call an election to fill the vacancy. C. If neither (A) or (B) has occurred within 90 days, the District shall call an election to be held on the next available election date provided by Chapter 1 of Division 1 of the Election Code that is 130 days or more after the vacancy occurs. D. If the remaining Board falls below a quorum, the Board of Supervisors may waive the 60 day period provided in (A) and appoint immediately or may call an election to fill the vacancy under Chapter 1 of the Election Code. The Board of Supervisors shall only fill enough vacancies to provide a quorum. Appointees shall hold office until the next District general election. Electees shall hold office for the unexpired balance of the term of office. Yorba Linda Water District Bou,d of Directors' Policies and Procedures Manual 14 Page 84 of 170 5.9 If a Director's place of residence is moved outside District boundaries, and if within 180 days of the move, the Director fails to reestablish a place of residence within the District, it shall be presumed that a permanent change of residence has occurred and that a vacancy exists on the Board (GC § 1770; WC § 30508). 6.0 OFFICERS 6.1 President and Vice President A. A President and Vice President of the Board shall be elected annually at the District's reorganization meeting held at the first regular meeting of the Board in December of each year. The President shall assume the chair of the Presiding Officer immediately after election. B. The President shall make committee, agency, and intergovernmental meeting assignments, subject to consent of the Board, annually by the first meeting of the Board of Directors to be held in January of the subsequent year. C. If the President is absent from a meeting of the Board, the Vice President shall serve as the Presiding Officer. If both the President and Vice President are absent, the Secretary shall take the chair so that the Directors present may elect a Presiding Officer. Upon late arrival of the President or Vice President at the meeting, the chair shall be relinquished at the first opportunity not disruptive to the conduct of business. D. In the event the President becomes incapacitated or is otherwise unable to act in his/her official capacity, as determined by a majority (quorum) vote of the Board, the Vice President shall serve until the incapacity is cured or relieved. In the event the Vice President becomes incapacitated or is otherwise unable to act in his/her official capacity, as determined by a majority (quorum) vote of the Board, an interim Vice President shall be elected at the District's next regular meeting of the Board to serve until the incapacity is cured or relieved. E. The Presiding Officer, established pursuant to these policies, shall conduct the proceedings of the Board. F. The Presiding Officer shall sign all ordinances, resolutions, and contract documents approved and adopted by the Board (WC § 30578). G. The President, or the Vice President in the absence of the President, will serve as the District's voting delegate for all association elections. H. The President and Vice President of the Board shall serve as the President and Vice President of the Public Financing Corporation and Chair and Vice Chair of the Financing Authority. The Officers of the Corporation and the Authority shall be affirmed annually at the District's reorganization meeting held at the first regular meeting of the Board in December of each year or as necessary. I. Individuals serving as President or Vice President of the Board and the Corporation, and Chair and Vice Chair of the Authority, may be removed from office by a majority (quorum) vote of the Board. 15 Page 85 of 170 7.0 APPOINTED STAFF AND OTHERS Appointed Staff, as defined in this section, shall mean the General Manager, Board Secretary, Assistant Board Secretary, and Treasurer, who are appointed by the Board. 7.1 General Manager, Secretary, Assistant Secretary and Treasurer A. A General Manager shall be appointed by a majority (quorum) vote of the Board and serve at the pleasure of the Board. The General Manager shall perform all duties (1) set forth in County Water District Law (WC § 30000 et seq.), (2) set forth in these policies, (3) set forth in the General Manager's contract with the District, (4) imposed by the Board, and (5) in accordance with governing laws and regulations. In accordance with (1)-(5), the General Manager shall: (a) have full charge and control of the maintenance, operation, and construction of the District's water and wastewater systems; (b) have full power and authority to employ and discharge all employees; (c) prescribe the duties of employees; (d) fix and alter the compensation of employees subject to budget limitations approved by the Board; (e) perform other duties imposed by the Board; and (f) report to the Board in accordance with the rules and regulations as adopted by the Board (WC § 30580-30581). B. A Secretary and Assistant Secretary shall be appointed by a majority (quorum) vote of the Board and serve at the pleasure of the Board. The Secretary, or the Assistant Secretary in the absence of the Secretary, shall attest all ordinances and resolutions approved and adopted by the Board, countersign all contract documents approved and adopted by the Board, prepare the minutes of each meeting held by the Board, and perform all duties (1) set forth in the County Water District Law (WC § 30000 et seq.), (2) set forth in these policies, (3) imposed by the Board, and (4) in accordance with governing laws and regulations. C. A Treasurer shall be appointed by a majority (quorum) vote of the Board and serve at the pleasure of the Board. The Treasurer shall perform all duties (1) set forth in the County Water District Law (WC § 30000 et seq.), (2) set forth in these policies, (3) imposed by the Board, and (4) in accordance with governing laws and regulations. The Treasurer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the District (WC § 30582). D. A member of the Board shall not serve as the General Manager, Secretary, Assistant Secretary, or Treasurer. The same person may be appointed as General Manager and Secretary or Secretary and Treasurer. There shall be no additional compensation for also serving as Secretary, Assistant Secretary, or Treasurer if the individual so serving is an employee of the District. E. The Secretary, Assistant Secretary, and Treasurer of the District shall serve as the Secretary, Assistant Secretary, and Treasurer of the Public Financing Corporation. The General Manager, Finance Manager, and Senior Executive Assistant shall serve as the Executive Director, Treasurer, and Secretary of the Financing Authority. Appointed staff of the Corporation and Authority shall be affirmed annually at the District's reorganization meeting held at the first regular meeting of the Board in December of each year or as necessary. 16 Page 86 of 170 F. The District shall insure against losses caused by an officer or employee of the District in lieu of providing a bond or bonds. The amount and terms of this insurance coverage shall be equivalent to the provisions specified in the District's insurance policy for Crime Coverage - Public Employee Theft. (WC § 30545; GC § 53226.3) G. Individuals serving as General Manager, Secretary, Assistant Secretary, or Treasurer of the Board and the Corporation, and Executive Director, Treasurer, and Secretary of the Authority, may be removed from their appointments by a majority (quorum) vote of the Board. 7.2 District Legal and Labor Counsel A. The District's Legal and Labor Counsel are law firms that are appointed by the Board of Directors and report to the Board during Board meetings. 1. Legal Counsel shall serve as the attorney for the District in all legal matters pertaining to the operation, maintenance, and other related business of the District. Legal Counsel shall perform such duties as the Board or General Manager may request, and shall (1) review all Board actions to insure legality and acceptability under law; (2) prepare or review legal documents and provide legal counsel, as required by the Board or General Manager; and (3) attend and/or participate in Board meetings and other meetings as directed by the Board or the General Manager. 2. Labor Counsel shall serve as the attorney for the District in all legal matters pertaining to employment law and other related business of the District. Labor Counsel shall perform such duties as the Board or General Manager may request, and shall (1) review all employment related matters to insure legality and acceptability under law; (2) prepare or review employment and labor related documents and provide legal counsel, as required by the Board or General Manager and (3) attend and/or participate in Board meetings and other meetings as directed by the Board or the General Manager. 7.3 District Auditor A. The District's Auditor is a certified audit firm that is appointed by and reports to the Board, and that conducts the District's annual audit and prepares the District's annual audit report (WC § 30582). The District's auditor shall be rotated on a periodic basis. Contracts for independent auditing services shall be awarded for an initial period of three years, with the option of extending up to two subsequent years (for a maximum total of five), unless otherwise determined by the Board. 7.4 Consultants A. The Board may from time -to -time select, retain, compensate, define the scope and efforts of, and dismiss consultants to support or provide information to the Board in developing policy level decisions or in implementing Board actions. In doing so, the Board shall delegate to the General Manager the responsibility for day-to-day direction of the work of the consultant. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 17 Page 87 of 170 8.0 COMMITTEES 8.1 From time to time, the Board may establish committees, whether standing or ad hoc, to assist with the performance of its duties and policy advice. In keeping with the Board's broader focus, committees shall not direct the implementation of District programs and projects. Committees shall assist the Board by preparing policy alternatives and implications for Board consideration. Committees shall not act on the Board's behalf unless authorized by a majority (quorum) vote of the Board. Said authorization shall not conflict with the duties assigned to the General Manager. In order to preserve the organizational structure and support the chain of command, committees shall not exercise authority over staff or staff operations. 8.2 The purpose of each established committee shall be reviewed by the Board on an annual basis, prior to making Director assignments, in order to determine their continuing relevance. 8.3 The Board previously adopted the Fair Political Practices Commission's (FPPC) Form 806 as the District's official form for reporting public official appointments and has directed staff to post a completed form on the District's website in accordance with the requirements set forth in FPPC Regulation 18705.5. 9.0 DIRECTORS' COMPENSATION, BENEFITS, AND EXPENSE REIMBURSEMENT 9.1 Directors' Compensation A. As of January 23, 2003, compensation for members of the Board shall be $150 per day for each day's attendance at meetings of the Board, meetings attended at the request of the Board, and participation in mandatory training, including reasonable and necessary travel time (see Appendix 1). Compensation for any type of service shall not exceed ten days in any calendar month (District Ord. 03- 01; WC § 20202; WC § 30507). B. Director attendance at events sponsored by (1) the District or (2) the following organizations shall be approved by the Board subject to budget limitations: 1. Association of California Cities - Orange County (ACC -OC) 2. Association of California Water Agencies (ACWA) 3. Association of California Water Agencies - Joint Powers Insurance Authority (ACWA-JPIA) 4. American Water Works Association (AWWA) 5. California Association of Mutual Water Companies (CalMutuals) 6. California Association of Sanitation Agencies (CASA) 7. California Special Districts Association (CSDA) 8. California -Nevada Section of American Water Works Association (CA -NV AWWA) 9. Chambers of Commerce 10. Colorado River Water Users Association (CRWUA) 11. Educational Institutions 12. Independent Special Districts of Orange County (ISDOC) 13. Local, State, and Federal Governmental Agencies (Including meetings with elected/appointed officials and staff.) 14. Metropolitan Water District of Southern California (MWDSC or MET) 15. Municipal Water District of Orange County (MWDOC) Yorba Linda Water District Board of Directors' Policies and Procedures Manual 18 Page 88 of 170 16. Non-political Community Service Organizations 17. Orange County Business Council (OCBC) 18. Orange County Local Agency Formation Commission (OC LAFCO) 19. Orange County Sanitation District (OCSan) 20. Orange County Water Association (OCWA) 21. Orange County Water District (OCWD) 22. Santa Ana Watershed Project Authority (SAWPA) 23. Special District Leadership Foundation (SDLF) 24. Urban Water Institute (UWI) 25. Water Advisory Committee of Orange County (WACO) 26. Water Education Foundation (WEF) C. Director attendance at events sponsored by any other organization than those listed above requires preapproval or ratification by a majority (quorum) vote of the Board in order to be considered as an activity for the purposes of compensation. D. Directors shall complete an Activity Report and Compensation Form (see Exhibit C) on a monthly basis. Directors have until the 151" day of the following month to file said reports with the General Manager or his/her designee. If an activity report is not returned by this deadline, no compensation shall be paid to the Director for that reporting period. Exceptions to this provision shall be presented to the Board of Directors for review and approval. E. All activity reports shall be reviewed and approved by the President or the Vice President. The President's activity report shall be reviewed and approved by the Vice President. F. Increases in compensation are limited to five percent for each calendar year following the operative date of the last adjustment (District Ord. 03-01; WC § 20202). The Board shall consider its compensation rate following the reorganization meeting held at the first regular meeting of the Board in December of each year. If the Board recommends an increase in the amount of compensation, an Ordinance shall be considered and adopted by the Board according to the following procedures: 1. A public hearing shall be held prior to adoption of the Ordinance (WC § 20203) . 2. Notice of the hearing shall be published in a newspaper of general circulation once a week for two successive weeks prior to the public hearing (GC § 6066). 3. The Ordinance shall become effective 60 days from the date of its final passage (WC § 20204). G. The District does not provide any of its Directors with loans. 9.2 Benefits A. Directors and their eligible dependents may participate in the health benefits plans provided by the District, including medical, dental, and vision plans. The District shall pay the premium amount for Directors and their eligible dependents. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 19 Page 89 of 170 Health benefits provided to Directors shall not be greater than the most generous plan being offered to any group of District employees. A Director is also eligible for District -provided post -service health benefits if the following conditions are satisfied: the Director's term began before January 1, 1995 and continued uninterrupted until on or after May 27, 2010; and the Director began receiving health benefits from the District before January 1, 1994. The rate of accrual for post -service health benefits is one year of benefits for each three years of service to the District as a Director. In addition to the terms and conditions provided herein, any terms or conditions set forth in the personnel rules of the District that are applicable to retiree health benefits shall also apply to post -service health benefits for Directors, except those conditions relating to good standing and adequate notice of retirement. Directors are also eligible for District -provided Group Life insurance and Accidental Death and Dismemberment insurance in amounts up to $50,000 each. Additionally, Directors may elect to participate in the District's deferred compensation plan. Enrollment in any of the above benefits plans is subject to the rules and restrictions of the plans. 9.3 Travel Expense Reimbursement A. Directors are encouraged to attend conferences, conventions, meetings, symposiums, intergovernmental meetings, and legislative sessions relating to the mission of the District. Directors shall receive reimbursement or payment of expenses, according to District rules, incurred in the performance of their duties as required or authorized by the Board. Attendance at an event must be preapproved or ratified by a majority (quorum) vote of the Board during a duly convened meeting in order to be considered as an activity for the purposes of payment or reimbursement of travel expenses. Directors' rates for reimbursement and payment of travel expenses shall not be greater than rates specified for District employees. B. Directors shall be reimbursed for actual costs to attend activities as follows: Flight: Coach or Economy Class Car Rental: Most Economical Size Vehicle, Government/Group Rate Lodging: Published Conference Group Rate, Equally Comparable or Lower Rate, Government Rate, or GSA Rate (See Section D) Meals: $90 Per Day Actual and Necessary Expenses: $30 Per Day C. Expenditures for lodging, meals, and transportation shall provide for reasonable and necessary comfort and convenience. Directors shall be mindful that public funds are being spent and that only a reasonable and necessary level of expense is warranted. Add-on expenses such as upgrades, early boarding, and early check-in shall not be considered reimbursable. D. When available, Directors must use coach or economy class for commercial travel and the published conference group rate, an equally comparable or lower rate, Yorba Linda Water District Board of Directors' Policies and Procedures Manual 20 Page 90 of 170 or government rate for lodging. If these rates are not available, the reimbursable amount shall be limited to the per diem rates set forth by the US General Service Administration (GSA) at http://www.gsa.gov. E. For travel by personal vehicle, mileage shall be reimbursed at the standard rate adopted by the US Internal Revenue Service in effect at the time of travel. Personally owned vehicles used in the conduct of District business must be insured for property and liability damage in an amount not less than the minimum limits required by the California Financial Responsibility Act. In no case shall the amount paid for mileage reimbursement for use of a personally owned vehicle used for travel in lieu of air travel exceed the cost of coach or economy class or equivalent airfare based on the date the Director registered to attend an activity or conduct business on behalf of the District. F. Reimbursement for taxi, rideshare, rail, bus, or other reasonable ground transportation shall be for the actual costs plus tip not to exceed 20% and applicable taxes. G. Reimbursement for parking and toll charges shall be for actual costs. H. Meal expenses include the reasonable and necessary costs of meals and beverages, not including alcoholic beverages. Meal expenses shall be reimbursed on a daily basis not to exceed $90 per day. Meal expenses for partial days shall be reimbursed on a meal by meal basis as follows: $20 for breakfast, $30 for lunch, and $40 for dinner. Said maximums for meal expenses exclude taxes and gratuities which are considered actual and necessary expenses (see Section 9.3. 1). Any amount spent over the daily or partial day reimbursable amounts set forth in this section may not be deducted from another day's reimbursable amount during that same activity. Additionally, any amounts not spent over the daily or partial day reimbursable amounts set forth above may not be added to another day's reimbursable amount during that same activity. No reimbursement shall be provided for alternative meals when the District has paid for the cost of the activity including any incorporated meals. Attendance at receptions before dinner shall not be considered a meal. I. Actual and necessary expenses include taxes and gratuities for meals, tips for drivers, baggage carriers, and hotel staff. This does not include the cost of laundry, cleaning or pressing of clothes, or telephone calls. J. Reimbursement of all reasonable and necessary expenses for internet service to conduct District business while traveling shall be for actual costs. K. Arrangements for transportation, lodging, or registration fees that have cancellation or change penalties shall be carefully monitored by the requesting Director. If a cancellation or change occurs due to a personal request or obligation of the Director, they will be responsible for paying the corresponding penalty, except when determined by a majority (quorum) vote of the Board during a duly convened meeting that the reason for the cancellation was legitimate and authorized. L. The District shall not incur any costs for a spouse, or other accompanying person. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 21 Page 91 of 170 M. If an expense does not fall within the reimbursement rates identified in this policy, it must be preapproved by a majority (quorum) vote of the Board in a public meeting. N. In order to obtain reimbursement for qualified expenses, the following procedures must be followed: 1. Directors shall submit a completed Travel Expense Reimbursement Form (see Exhibit D) for conference, convention, or symposium attendance, together with all original itemized receipts and corresponding route maps, within 60 calendar days following the attended event, with the exception of expenses incurred during the month of June. Requests for reimbursement of travel expenses incurred during this period must be submitted within 30 calendar days of the attended event for the purposes of financial reporting at the end of the fiscal year. 2. Directors shall also submit a completed Meeting and Mileage Expense Reimbursement Form (see Exhibit E) for local meeting attendance, together with all original itemized receipts and corresponding route maps, within 60 calendar days following the attended event, with the exception of expenses incurred during the month of June. Requests for reimbursement of meeting and mileage expenses incurred during this period must be submitted within 30 calendar days following the attended event for the purposes of financial reporting at the end of the fiscal year. 3. If the Director does not file an expense report within the above listed deadlines, the District will not reimburse mileage or out-of-pocket expenses. Exceptions to this provision shall be presented to the Board of Directors for review and approval. 4. For any activity that the District prepays expenses, the Director is still required to file an expense report to ensure that any expenses prepaid by the District are properly accounted for. Staff shall assist Directors with these reports as needed. To enforce the timely filing of expense reports the District may, by majority (quorum) vote of the Board, stop prepaying conference and travel expenses. 5. All expense reimbursement requests shall be reviewed and approved by the President or Vice President. The President's requests shall be reviewed and approved by the Vice President and vice versa, or by another available Director. 6. With the exception of mileage reimbursement, any expense shown on the form must have a corresponding, attached original itemized receipt or other verification document. Summary receipts for meals cannot be accepted as a verification document. 7. If a receipt is lost or not provided, the Director must submit a completed Missing Receipt Affidavit Form (see Exhibit F) as substantiation of the expense. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 22 Page 92 of 170 8. Directors shall also submit a completed Miscellaneous Gratuities Form (see Exhibit G) for such expenses paid in cash without a receipt. 9. All forms, receipts, and verification documents shall be public documents subject to redaction of any confidential information, such as credit card numbers. O. A Director shall not attend a conference or training event for which there is an expense to the District if it occurs after the Director has announced his/her pending resignation, or if it occurs after an election in which it has been determined that the Director will not retain his/her seat on the Board. A Director shall not attend a conference or training event when it is apparent that there is no significant benefit to the District. P. Directors shall provide a brief report about the activity at the next regular Board meeting following attendance. Said report shall detail what was learned at the session(s) that will be of benefit to the District and can be submitted in written or verbal form though ideally no longer than three minutes. Materials from session(s) may be delivered to the General Manager for inclusion in the District's library for future use. 9.4 District Issued Credit Cards A. Directors shall be issued credit cards for their use while traveling or attending meetings on behalf of the District. All purchases made with this card shall comply with the limitations contained in this policy. Personal purchases using this card are strictly prohibited. B. Directors shall submit all original itemized receipts along with appropriate forms (see Section 9.3. N and Exhibits D and E) identifying purchases made with a District credit card within 30 calendar days of when the expense was incurred. C. Directors shall report lost or stolen cards to the Finance Manager immediately to prevent potential liabilities. D. Directors shall return their card to the Finance Manager when leaving office. 9.5 Communications Expense Reimbursement A. In order to facilitate operational efficiency and reduce expenses, the Board has determined that it is in the best interests of the District to have all agendas and other District information distributed to the Board via electronic means instead of providing paper copies whenever possible. While Director participation in and support of this initiative is encouraged, it is not required. Participating Directors are eligible for the reimbursement of expenses associated with the purchase of necessary electronic equipment and related items provided that: 1. The Director is an elected official of the District with more than two months remaining in his/her current term of office. 2. The Director has submitted a completed Communications Expense Reimbursement Form (see Exhibit H) in accordance with established procedures. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 23 Page 93 of 170 3. The District shall provide reimbursement, up to $1,000 including applicable taxes and fees every four years (or sooner in the event of loss or theft), for the cost of electronic equipment and related items of the Director's choosing. Qualifying electronic equipment and related items shall include tablets, laptop computers, tablet/laptop covers or cases, protective screen wraps, and downloadable applications specific to the conduct of District business, such as word processing, spreadsheet, or PDF annotation applications. 4. One hundred percent of the electronic equipment and approved itemized expenses reimbursed shall be reported on the Director's Form W-2 as taxable income. In providing this information, the District is not offering tax advice. Directors having questions concerning the tax implications of electronic communications reimbursement benefits are urged to contact the Internal Revenue Service or other experts in tax law. B. Expenses that are not reimbursable include, but are not limited to, gift wrapping, engraving, downloadable applications (other than those used specifically for conducting District business), and additional adaptors. C. Reimbursements shall be processed when proof of purchase and original itemized receipts are submitted by the Director along with a completed form within 30 days of purchase. D. Failure to submit a completed form within this time frame shall result in a denial of the Director's request for reimbursement of the expense. Exceptions to this provision shall be presented to the Board of Directors for review and approval. 1. The electronic equipment and related items for which reimbursement is provided shall become the property of the Director and all maintenance is the sole responsibility of the Director. 2. Notwithstanding the foregoing, staff may, from time to time as deemed necessary, provide paper copies of District information to Directors and such provision of paper copies shall not affect the reimbursement of expenses as provided in this section. E. Should a Director experience a loss or theft of electronic equipment for which the full or partial expense was reimbursed by the District, said Director shall submit a written statement and/or police report to the Finance Manager or the General Manager for auditing purposes prior to requesting reimbursement of expenses for the purchase of replacement equipment. Requests for reimbursement of expenses for replacement equipment shall be subject to the limitations and requirements as set forth above. F. All communications expense reimbursement requests shall be reviewed and approved by the President or Vice President. The President's requests shall be reviewed and approved by the Vice President and vice versa, or by another available Director. Any requests for reimbursement that fall outside the limitations contained in this policy shall be reviewed and preapproved by a majority (quorum) vote of the Board during a duly convened meeting. Yorba Linda Water District Board of Directors' Policies and Procedures Manual 24 Page 94 of 170 9.6 Disclosure of Expenditures/ Reimbursements A. A full accounting of expenditures of public funds under this policy shall be made and become part of the records of the District. B. All reimbursements paid by the District of at least $100 for each individual charge for services or product received, shall be disclosed in an annual report following the end of each fiscal year. Reimbursement of an individual charge includes but is not limited to, one meal, lodging for one day, transportation, or a registration fee paid to any Director. This report shall be made available for public inspection upon request (GC § 53065.5). C. All travel expenses and reimbursements paid by the District on behalf of a Director shall be disclosed in a quarterly report and provided to the Board for review at a regular meeting. 10.0 BOARD MEETINGS, GENERAL All meetings of the Board shall be held at the District's Administration Building located at 1717 East Miraloma Avenue, Placentia, California unless another location is specified on the agenda (WC § 30521). All meetings of the Board shall be open and public and all persons are invited to attend (WC § 30529). The District shall continue to implement all applicable requirements of the Ralph M. Brown Act to ensure transparent, open, and responsive government (GC § 54950 et sec.). 10.1 Regular Meetings A. Effective January 1, 2023, all regular meetings of the Board shall be held on the first and third Thursday of each month commencing at 3:00 p.m. unless deemed unnecessary by the President or a majority (quorum) of the Board. Closed Sessions scheduled to occur on the same day as a regular meeting may be noticed separately as a special meeting. Any member of the Board may make a motion to adjourn any Board meeting and/or to complete any item under discussion during meetings lasting more than four hours from the time the Board meeting commenced. All remaining items on the agenda which have not been acted upon shall be continued to the next regular meeting or as specified by the Board. 10.2 Special Meetings A. Special meetings of the Board may be called by the President or a majority (quorum) of the Board. Whenever a special meeting of the Board is called, notice in writing shall be delivered by the Secretary to each Director, and if notice is requested in writing, to each local newspaper of general circulation and radio or television station. The notice shall be delivered personally or by any other means and shall be received at least 24 hours in advance of the meeting. The notice shall specify the time and place of such meeting and the purpose of the meeting. 1. The written notice may be dispensed with as to any Director who, at or prior to the time the meeting convenes, files with the Secretary a written waiver of notice (see Exhibit 1). The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. 25 Page 95 of 170 10.3 Emergency Meetings A. In the event of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities or District operations, the Board may hold an emergency special meeting without complying with the 24 hour notice required in Section 10.2 herein. An emergency situation means a crippling disaster which severely impairs public health, safety, or both. The President, or the Vice President in the absence of the President, or the General Manager, may determine if an emergency situation exists. B. Whenever an emergency meeting of the Board is called, notice in writing shall be delivered by the Secretary to each Director, and if notice is requested in writing, to each local newspaper of general circulation and radio or television station. The notice shall be delivered personally or by any other means and shall be received at least one hour in advance of the meeting. In the event that telephonic services are not functioning, the notice requirement of one hour is waived. The Secretary shall then notify such newspapers, radio stations, or television states of the fact of the holding of the emergency meeting, and of any action taken by the Board, as soon after the meeting as possible. C. No Closed Session may be held during an emergency meeting, and all other rules governing special meetings shall be observed with the exception of the 24 hour notice. The minutes of the emergency meeting, a list of persons the Board or designee notified or attempted to notify, a copy of the roll call vote(s), and any actions taken at such meeting shall be posted for a minimum of ten days in the District office as soon after the meeting as possible. 11.0 BOARD MEETINGS, AGENDAS 11.1 Agendas A. Any matter which is to be deliberated, discussed, and/or considered for approval or adoption by the Board at the meeting must be submitted to the Board as part of an agenda (GC § 54950 et sec.). All ordinances, resolutions, and contracts shall be reviewed by legal counsel and approved as to form and legality prior to submission for consideration by the Board. B. The Secretary shall, under direction of the General Manager, prepare an agenda of such matters according to Section 11.2 herein, entitled "Order of Business", including a description of the items to be considered or discussed and, where deemed appropriate by the General Manager, a staff recommendation for each item. C. A copy of the draft agenda for every meeting of the Board (or Committee) shall be provided to the President and Vice President (or assigned Committee members) for review prior to posting by the Secretary. D. A copy of the finalized agenda for every regular meeting of the Board shall be posted at least 72 hours prior to the meeting in a place that is freely accessible to members of the public. Once posted, copies of the complete agenda and supporting materials shall be available for public inspection during business hours at the District office and on the District's website. 26 Page 96 of 170 E. Agendas for all special meetings of the Board shall be posted in the same manner at least 24 hours prior to the meeting. The agenda for a special meeting of the Board is limited to only those matters specifically set forth in the purpose of the call for the special meeting. No other business shall be considered at a special meeting. F. All agendas and other District information shall be distributed to the Board via electronic means instead of providing paper copies. Director incurred expenses for electronic equipment and related items required for receiving, accessing and printing all agendas and information shall be reimbursed in accordance with Section 9.5 herein. G. A copy of each agenda for a meeting of the Board shall be mailed to members of the public so requesting them in writing. Any member of the public requesting a copy of a complete agenda and supporting materials shall be charged, in advance, for reproduction costs plus mailing expenses. Exceptions are public agencies, members of the public who request a copy of the agenda without supporting materials, and individuals requesting a copy of an agenda, with or without supporting materials, that contains a specific matter involving that individual as a party. H. All non-exempt writings related to an agenda item and distributed to a majority (quorum) of the Board less than 72 hours prior to the meeting shall be made available for public review on the District's website at the same time. These instructions shall also be included on all agendas at the time of posting. I. Requests for reasonable accommodation for persons with disabilities, including auxiliary aids or translation services, required for participation in Board meetings should be submitted to the Board Secretary at least 48 hours in advance. These instructions shall also be included on all agendas at the time of posting. (GC 54953) J. Any Director may contact the General Manager and request an item to be placed on an agenda no later than 24 hours before an agenda is scheduled to be closed. In general, all agendas for regular meetings of the Board will be closed on Tuesday's at 7:00 p.m. the week prior to the meeting date. K. Items that require compilation of readily available written information, documents, reports, studies, or analyses shall not require formal Board approval before placement on an agenda. L. Items that require more than four hours of staff or consultant time for compilation, or if they require less than four hours but are of a recurring nature, shall be approved by a majority (quorum) vote of the Board during a duly convened meeting before placement on an agenda. M. Any member of the public may request that a matter directly related to District business be placed on the agenda of a regularly scheduled meeting of the Board, subject to the following conditions: Yorba Linda Water District Board of Directors' Policies and Procedures Manual 27 Page 97 of 170 I . The request must be in writing and submitted to the General Manager together with supporting documents and information, if any, at least 10 days prior to the date of the meeting. 2. The General Manager shall be the sole judge of whether the public request is or is not a "matter directly related to District business" and if the matter is to be placed on a future agenda. The public member requesting the agenda item may appeal the General Manager's decision at the next regular meeting of the Board. Any Director may request that the item be placed on the agenda of the Board's next regular meeting. 3. No matter which is legally a proper subject for consideration by the Board in Closed Session shall be accepted. 4. The Board may place limitations on the total time to be devoted to a public request issue at any meeting and may limit the time allowed for any one person to speak on the issue at the meeting. N. Any member of the public may request to present electronic material (such as a PowerPoint presentation) directly related to District business during Public Comments or in relation to a specific agenda item during a regularly scheduled meeting of the Board, subject to the following conditions: 1. The request must be made in writing and submitted to the General Manager together with all electronic materials at least 24 hours prior to the meeting. 2. The General Manager shall be the sole judge of whether the electronic material is or is not a "matter directly related to District business" and if the material is to be presented during a regularly scheduled Board meeting. The public member requesting to present the electronic material may appeal the General Manager's decision at the next regular meeting of the Board. Any Director may request that the electronic material be presented at the Board's next regular meeting. 11.2 Order of Business A. Upon convening the meeting at the hour set on the date of each meeting, the members of the Board, the Secretary, and General Manager of the District shall take their regular stations in the Board Meeting Room, and the business of the Board shall be taken up for consideration. The Presiding Officer shall immediately call the Board to order and lead in the Pledge of Allegiance to the flag of the United States of America. B. Before proceeding with the business of the Board, the Secretary shall call the roll of the Directors. The Secretary shall enter the names of all Directors, Officers, staff members, and visitors (if known) present in the Minutes of the meeting. C. If a quorum is present, the Secretary shall so advise the Presiding Officer. If a quorum is not present, the Secretary may adjourn the meeting to a time certain for the purpose of obtaining a quorum. Any such reconvened regular meeting shall not constitute a special meeting. In the event a regular or special meeting of the Board is adjourned to a time and date certain, the Secretary shall post a Yorba Linda Water Distr -, Board of Directors' Policies and Procedures Manual 28 Page 98 of 170 notice of adjournment in a place that is freely accessible to members of the public within 24 hours of such adjournment. D. Three of the five Directors elected or appointed to the Board shall constitute a quorum for any meeting of the Board. Irrespective of the number of Board members constituting a quorum for a particular meeting, a majority (quorum) vote of the Board shall consist of at least three votes. No ordinance, resolution, or motion shall be passed or become effective without the affirmative votes of at least a majority (quorum) of the members of the Board. E. In compliance with the Ralph M. Brown Act (GC § 54950 et seq.) as amended from time to time, Directors may remotely attend Board and Committee meetings. A Director is entitled to participate fully in the meeting and vote from a remote location, and all votes shall be taken by roll call. F. The Presiding Officer may, on his/her own initiative or at the request of any two Directors, take any item of business out of order, either as to the general order of business or as to the specific agenda as the Secretary has prepared it. G. The Board may take action on items not appearing on the posted agenda for regular meetings under the following circumstances: 1. Upon determination by a majority (quorum) vote of the Board that an emergency, work stoppage, or crippling disaster exists that impairs public health and/or safety. 2. Upon determination by a two-thirds vote of the Board, or by all Directors if only three are present, that a matter (a) came to the attention of the District (not the Board) subsequent to posting the agenda and (b) needs immediate action by the Board. 3. When an item was posted on the agenda of, and was continued from, a meeting held not more than five days earlier. H. The Order of Business taken up for consideration by the Board is generally organized so that high priority matters are addressed at the beginning of the meeting, and is generally in the following sequence: 1. Introductions and Presentations 2. Public Comments (GC § 54954.3) 3. Public Hearings 4. Consent Calendar 5. Action Calendar 6. Discussion Calendar 7. Informational Reports and Other Business 8. Closed Session (s) 9. Adjournment I. Any person desiring to speak shall first address the Presiding Officer. Upon recognition by the Presiding Officer, the speaker shall be invited to state his/her name, representation and/or affiliation, and the matter on which they wish to comment. If the matter relates to an item on the current agenda, the Presiding Yorba Linda Water District Board of Directors' Policies and Procedures Manual 29 Page 99 of 170 Officer shall recognize the speaker and invite their comment when the item is considered. Comments are limited to matters of public interest within the jurisdiction of the District, and shall be no more than three minutes in length unless the speaker is utilizing a translator or a time extension is granted by the Presiding Officer. A maximum of 20 minutes shall be allotted for each subject matter pursuant to the discretion of the Presiding Officer. No action shall be taken on matters not appearing on agenda. (GC § 54954.3) J. The Public Hearings portion of the agenda, if any, shall be held at the time specified in the legal notice advertising such hearing. In general, the order of procedure for a public hearing is as follows: 1. Opening of Hearing by Presiding Officer 2. Verification of Notice of Hearing Provided by Board Secretary 3. Reports by General Manager, Staff and/or Consultant 4. Comments from the Public Speaking in Favor and/or Against the Issue 5. Receipt of Written Communications from the Public 6. Continue or Closing of Hearing by Presiding Officer 7. Questions to Staff and Board Discussion 8. Consideration of Action by the Board K. The Consent Calendar portion of the agenda shall be consideration, in a single action, of items determined by the Secretary to be routine matters, status reports, or documents implementing previous Board instructions. If a Director has a question or wishes to discuss a Consent Calendar item, they may do so without formally removing the item from the Consent Calendar. If, after such discussion, a Director, staff member, or member of the public has a question or wishes to address a Consent Calendar item further, they may request that the item be removed for further discussion. The Presiding Officer shall immediately grant such requests and transfer the removed item to the Action Calendar for later discussion. Items removed from the Consent Calendar for discussion shall be acted upon separately. All items remaining on the Consent Calendar shall be considered for approval by a single motion. Examples of matters appearing on the Consent Calendar may include, but are not limited to: 1. Minutes of Previous Board Meetings 2. Approval to Pay Warrants 3. Routine Environmental Assessments 4. Approval of Routine Terms and Conditions for Water and/or Sewer Service 5. Approval of Change Orders (With a dollar value within the General Manager's authority consistent with the approved purchasing policy.) 6. Approval of Contracts (For projects identified in the adopted budget.) 7. Final Acceptance of Facilities 8. Disposition of Liability Claims 9. Other Routine Administrative Matters L. The Action Calendar portion of the agenda shall include items requiring staff presentation and/or Board discussion prior to formal Board action. Items shall generally be listed in order of priority and with items of a similar nature grouped together. Items may be addressed out of order upon request and with the consent of the Presiding Officer. Yorba Linda Water District Board of Directors' Policies and Procedures Mane - 30 Page 100 of 170 M. The Discussion Calendar shall include matters that do not require Board action or that cannot reasonably be expected to result in Board action at that meeting. Matters appropriate for the Discussion Calendar include technical presentations to the Board, review of drafts of proposed policies, and in general, items for which District staff seeks the advice and counsel of the Board. When time permits, the Board believes the District's best interests are served by discussing more complex matters at one meeting and considering formal action on them at a subsequent meeting. N. The Informational Reports and Other Business portion of the agenda provides an opportunity for the presentation of reports by the General Manager, reports from Committees, reports by Directors who have attended outside meetings, and general comments by Directors. It also provides an opportunity for the Board to schedule future meetings and assignments on the Board's activity calendar. Requests for items to be placed on a future agenda shall be subject to the provisions in Section 11.1 J -L. O. Closed Sessions are strictly limited to the open meeting exceptions as defined in the Ralph M. Brown Act. At times, during Board meetings, the Board may adjourn into Closed Session to discuss personnel matters, real estate negotiations, existing or anticipated litigation, or other matters as specified in the exceptions set forth in the Brown Act. Appropriate agenda descriptions are also required for Closed Session items. (GC § 54950 et seq.) P. Either the presiding officer may adjourn a Board meeting without a motion or a motion to adjourn may be moved by a Director and seconded by another Director, and is subject to debate. No further business can be conducted after the Presiding Officer adjourns or an affirmative vote to adjourn. Q. The Board may adjourn any regular or adjourned regular meeting to a time and place specified in the motion of adjournment so approved by the Board. 12.0 BOARD MEETINGS, MINUTES 12.1 The Secretary shall keep minutes of all Board meetings. Minutes are to record actions taken and meaningful discussion; they are not intended to be verbatim records. Members of the public requesting information about a meeting shall be encouraged to listen to orwatch the recording made of each meeting. Draft minutes shall be distributed to the Board for review and approval at the next regular meeting or as soon as possible thereafter. Minutes may be approved as part of the Consent Calendar. 12.2 The official minutes of all Board meetings shall be kept in a fire -proof vault or in fire- resistant locked cabinets at the District's Administration office. An audio and/or video recording shall be made of all regular Board meetings, including public hearings, and retained in accordance with the District's records retention policy. 13.0 BOARD MEETINGS, CONDUCT 13.1 Guidelines for Discussion These guidelines are intended to formalize the meeting so that each Director and members of the public, in due course, may be heard (see also Exhibit J). 31 Page 101 of 170 A. The Presiding Officer shall decide, subject to a question of order by any Director, the degree of enforcement of these guidelines at any time during any meeting. B. The Board prefers a flexible form of meeting, believing that this enhances the decision-making process, and may not always conduct its meetings with formal "rules of order" or parliamentary procedure. C. Except for items on the Consent Calendar, the Presiding Officer shall read aloud the title of each item on the agenda. D. Staff will generally provide a presentation for each action or discussion item following which the Presiding Officer will open the floor to public comment on the matter under consideration (see Section 11.2 1). E. Following public comment, the Board will discuss the matter being considered and address questions or comments to staff. F. Any Director desiring to speak shall first address the Presiding Officer. Upon recognition by the Presiding Officer, the Director may speak freely with respect to the matter then before the Board but shall confine his/her comments to the subject under discussion. Any Director, once recognized, shall not be interrupted except by a call to order from the Presiding Officer. If a Director is called to order, he/she shall cease speaking until the question or order is determined; if determined to be in order, they may proceed. G. Any Director moving the adoption or approval of a matter may call for the question. H. The Presiding Officer may move, second, or debate motions from the Board, subject only to such limitations of debate as may be imposed on all Directors, and shall not be deprived of any of the rights and privileges of a Director by serving as the Presiding Officer. The Presiding Officer may vote on all questions or motions before the Board, with his/her name being called last in a roll call vote. True motions to reconsider any Board action must be made at the same meeting at which the original action was taken; however, any Director may make any other type of motion at any meeting. J. The Secretary shall record in the Minutes any dissenting and abstaining votes, or disqualification from voting due to a conflict of interest. K. Unless a Director declares a conflict of interest or abstains, silence shall be recorded in the Minutes as an affirmative vote. L. The Presiding Officer for each meeting has the responsibility to preserve order and decorum. If at any time, a Director believes order is not being maintained or that procedures being followed are not adequate for the decision-making process at hand, he/she shall call this fact to the attention of the Presiding Officer and request corrective action. If the corrective action taken by the Presiding Officer is not satisfactory, a motion for specific corrective action may be made to the Board. In that event, a majority (quorum) vote of the Board shall determine the action to be taken. Yorba Linda Water District Board of Directors' Policies and Procedures Mane - 32 Page 102 of 170 M. In the event any person or group of persons willfully disrupts a Board meeting in a manner that orderly conduct of such meeting is unfeasible, the Presiding Officer shall call for order and warn the person or group that their behavior is disrupting the meeting and that failure to cease such behavior may result in their removal from the meeting. If the person or group refuses to comply with the Presiding Officer's request for order, the Presiding Officer may declare a recess and cause the person or group's removal from the meeting. Once the Presiding Officer takes this action, permission for such person (s) to return to the meeting requires a motion approved by a majority (quorum) vote of the Board. When, in the judgment of the Presiding Officer, order is restored, the meeting shall reconvene and continue with the Board's business. (GC § 54957.9; GC § 54957.95) 14.0 BOARD ACTIONS AND DECISIONS 14.1 The Board shall act only by Ordinance, Resolution, or Motion (WC § 30523). The Presiding Officer shall state each matter as it is presented for consideration by the Board and shall announce each decision of the Board. 14.2 Ordinances have the force of law and are an authoritative decree or municipal regulation of the District. Ordinances shall relate to no more than one subject, which shall be clearly expressed in the title of the ordinance. No ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed. When applicable, ordinances shall be identified to the Board as replacements to existing ordinances or sections thereof. Ordinances must be moved and seconded and shall be adopted only by a roll call vote. The Secretary shall record the names of all Directors and identify them as voting Aye, No, Abstain, or Absent on each adopted ordinance. All ordinances shall be signed by the Presiding Officer and attested by the Secretary. Ordinances shall be in full force and effect upon adoption unless otherwise provided by law, and the Secretary shall be responsible for compliance with any and all legal requirements for publication of the ordinance. 14.3 Resolutions are a formal expression of opinion, will, or intent of the Board. Resolutions must be moved and seconded and shall be adopted only by a roll call vote. The Secretary shall record names of all Directors and identify them as voting Aye, No, Abstain, or Absent on each adopted resolution. All resolutions shall be signed by the Presiding Officer and attested by the Secretary. 14.4 Motions are proposals, made by a Director during a Board meeting, for action, inclination of the mind or will, or a formal proposal made in a deliberative manner by the Board. Every motion considered by the Board must be moved by a Director, seconded by another Director, and is subject to debate. 14.5 Except where action is taken by the unanimous vote of all Directors present and voting, the Secretary shall record the names of all Directors and identify them as voting Aye, No, Abstain, or Absent upon the passage of all ordinances, resolutions, or motions and enter them upon the Minutes of the Board. 33 Page 103 of 170 15.0 EXHIBITS AND APPENDIXES Exhibits A. Assessment Survey of Governing Body's Effectiveness B. Sample Conflict of Interest Declarations C. Activity Report and Compensation Form D. Travel Expense Reimbursement Form E. Meeting and Mileage Expense Reimbursement Form F. Missing Receipt Affidavit Form G. Miscellaneous Gratuities Form H. Communications Expense Reimbursement Form I. Waiver of Written Notice of Special and Emergency Meetings J. General Guidelines for Parliamentary Procedure Appendixes Setting Compensation for Members of the Board (District Ord. 03-01) 34 Page 104 of 170 Exhibit A ASSESSING GOVERNING BOARD EFFECTIVENESS NAME: This survey was developed by Len Wood & Associates to help assess the effectiveness of the governing body and its relationship with staff. Please address each statement by allocating points as follows: "0" if you feel the statement is very true. "1" if you feel the statement is somewhat true. "2" if you feel the statement is somewhat untrue. "3" if you feel the statement is very untrue. Do not spend too much time on any statement. Your first reaction is usually best. Answer the way things are - not the way you would like them to be. ISSUE 1. Board meetings start on time. 2. All board members feel free to express their opinions. 3. All members are contributing members of the board team. 4. The elected body does not attempt to micro -manage. 5. While they may not like some of the decisions, people percieve the board as fair. 6. Staff provides a recommendation on every issue no matter how controversial. 7. The board has an overall vision for the community. S. The chair keeps audience members informed of board issues and actions. 9. Our board gets things done. 10. There is agreement on who is ultimately responsible for putting items on and/or removing them from the agenda. 11. Members feel free to critique each other's positions on issues. 12. The board works well as a team. 13. Our board does not engage in solution "reengineering" at meetings. 14. Board members avoid berating members of the audience; even if provoked. 15. The board conducts timely and meaningful evaluations of the manager's performance. 16. The board has developed its own mission or goal statement. 17. The chairperson prevents dominating board members from having a disproportionate influence. 18. The board does not get stalemated over the process or procedures. 19. The board does not spend too much time modifying or correcting the minutes at meetings. 20. Civilized disagreement is a board strength. 21. Team members actively listen to each other. POINTS Page 105 of 170 Exhibit A 22. Staff does not get overly involved in policy decisions. 23. Meaningful public participation is encouraged. 24. Staff does not filter the information it passess on to the board. 25. Members know what the board's top five goals are. 26. The chairperson protects board members from audience or colleague attacks. 27. The board made significant progress on its top goals last year. 28. Operating rules and procedures are known by all board members. 29. ''Baggage" from one argument is not carried to the next. 30. While board members may have positions, minds are not made up before meetings. 31. Individual board members do not fry to influence personnel decisions. 32. Board members keep the audience informed of each item, the issue, the background and possible decisions. 33. Staff follows through as promised. 34. Day-to-day decisions are consistent with the board's overall goals. 35. The chairperson prevents premature rejection of new thoughts without a fair evaluation. 36. Board members do their homework before meetings. 37. The agenda packet is "user friendly". 38. Decisions are usually made only after each members has had his/her say. 39. Members are open with eachother. 40. Board members aduequately communicate goals and philosophies to staff. 41. Members of the audience do not feel intimitafed when appearing before the board. 42. Openness and trust exists between the board and staff. 43. The board develops an annual work program with clear objectives. 44. The chairperson does not unfairly use the powers of the position to win a point or argument. 45. The board is not reluctant to make an important, yet controversial decision. 46. Staff provides all the significant alternatives in their staff reports. 47. Members know how to keep conflict from becoming destructive. 48. The board does not operate as an exclusive country club. 49. The board is not complacent about its oversight responsibilities. 50. Board members take care to observe the appearance as well as the principle of impartiality. 51. The board and staff do not surprise each other at meetings. Page 106 of 170 52. Our priorities do not change too often. 53. In our meetings, the discussion rarely drifts off the subject. 54. The board is adept at identifying and exploiting opportunities. Exhibit A 0 Page 107 of 170 CATEGORY POINTS A A Supportive Framework 0 B Conflict Management Process 0 C Teamwork 0 D Roles 0 E Community Rapport 0 F Staff Relationships 0 G Clear Sense of Purpose 0 H Chairperson Leadership 0 Productivity 0 TOTAL 0 Exhibit A 0 Page 107 of 170 Exhibit B YL W, YORBA LINDA WATER DISTRICT Sample Conflict of Interest Declarations Generally, a Board member has a financial interest in a matter if it is reasonably foreseeable that the Board's decision would have a material financial effect (as defined by the Fair Political Practices Commission regulations) that is distinguishable from its effect on the public generally, on the official, a member of his/her immediate family, or on any of the following: • A business entity in which the Board member has a direct or indirect investment worth $2,000 or more; • A business entity in which the Board member holds a position as a director, officer, partner, trustee, employee, or holds any position of management; • A source of income (except gifts or loans by a commercial lending institution made in the regular course of business on terms available to the public without regard to official status), aggregating $500 or more in value provided, promised to, or received by, the Board member within 12 months prior to the time a decision is made; • A source of gifts to the Board member amounting to the annual gift limit or more within 12 months prior to the time a decision is made; and • Real property in which the Board member has a direct or indirect interest worth $2,000 or more. Below are some sample conflict of interest declarations as provided by the District's legal counsel: 1. Decision affects business entity in which a Director has an investment: I declare that I have a conflict of interest on Agenda Item No. because I have an investment in Name of Company . 2. Decision affects business entity in which a Director holds a position: I declare that I have a conflict of interest on Agenda Item No. because I hold a position at Name of Company , a business that Description of Business Activities . 3. Decision affects a source of income/gift: declare that I have a conflict of interest on Agenda Item No. because I have received income or a gift from Name of Source . 4. Decision affects real property in which the Director has a direct/indirect interest: I declare that I have a conflict of interest on Agenda Item No. because I own real property, located at Location which may be affected. NOTE: If subject property is the Director's primary residence simply state that "the property is a residence". 5. Decision related to Closed Session agenda item: I recuse myself from participating in Agenda Item No. due to a conflict of interest under Government Code Section 87100. * Investment, income, gift, and real property interest limits may change from time to time. Page 108 of 170 YORBA LINDA WATER DISTRICT Directors Monthly Activity Report and Compensation Form Name: Month: Exhibit C Signature: Reviewed: Date: Date: Page 109 of 170 N O O O O M 0 �C E n Z C O u u Q U_E O U- W rn H � Q � E Q � Zc J � Q QX W Oa t u a c a a a) N � u E a% y CL � ECa N E 5D � C O (D j- E a Z O a K a I-- u O O N W C N L O E _W c y a a a) a) U z o a o N N J 3 d Q X W CL (D j- A- N K a I-- N (D �' u t _ O rn a) a) W a H m S'c J Q ° a U Q CL ai�U� J a N O N N c0 a O a X Q W C O Z U U a a� a o as N � a% N CL a U U U �a U CL i CH X inW _a O H Q O X Exhibit D I Page 110 of 170 (D j- A- N a I-- N (D �' u t _ O rn a) a) a H m S'c J Q ° a U Q CL ai�U� J Q O X Exhibit D I Page 110 of 170 O N N a1 a CL Ln Ln �O O C O B N i N U ui rn p c E (D z °' a Exhibit D Page 111 of 170 E 0 U- E C C� C N UE _ E C W H W aID m a o� za J C a am m w Cw C O h O LO LOco N O 'o 0 c 0 v � u E v n z o `c � c 0 v u u n Q u Gl r E 0 z N_ 7 N M V n N P O N M n O N M n CO N O N N N NN N N N N N CO M O Exhibit E v c 0 CL N a v v 0 u 0 u u a a vc a v N s a u N Q v a N_ E N N 0 O v a 0 v 5 0 c rn N a u G1 v a 0 Page 112 of 170 Exhibit F YL W, YORBA LINDA WATER DISTRICT Missing Receipt Affidavit Form Please retain this form with the District's financial records in case of an audit. Name (Printed): I certify that I made the purchase shown below for District purposes but do not have a receipt because (check all that apply): Vendor Name City Date of Purchase Detailed Description of Purchase (Attach additional sheets if necessary.) I Item Amount Total Purchase Amount 1 $ This document is in lieu of an invoice or receipt for this transaction. I certify that all items listed above (and on the attached, if applicable) were purchased and received for District business. Signature: Date: NOTE: All information is required and must be typed or printed in ink. Use one affidavit per receipt. Page 113 of 170 Vendor did not provide a detailed receipt. I had a receipt but cannot locate it. I have a receipt, but it is not readable (e.g. not in English and/or not legible). This document is provided in order to describe the items purchased. Order was placed via telephone, fax, or internet, and vendor has not supplied an invoice. Vendor Name City Date of Purchase Detailed Description of Purchase (Attach additional sheets if necessary.) I Item Amount Total Purchase Amount 1 $ This document is in lieu of an invoice or receipt for this transaction. I certify that all items listed above (and on the attached, if applicable) were purchased and received for District business. Signature: Date: NOTE: All information is required and must be typed or printed in ink. Use one affidavit per receipt. Page 113 of 170 Exhibit G YL W, YORBA LINDA WATER DISTRICT Miscellaneous Gratuities Form Please retain this form with the District's financial records in case of an audit. Name (Printed): Conference/Event Name: The following gratuities were paid in cash and are directly related to my attendance at the above listed conference/event: Date Location Purpose Amount Total Amount $ This document is in lieu of an invoice or receipt for this/these transaction(s). I certify that all items listed above (and on the attached, if applicable) were for District business. Signature: Date: Page 114 of 170 YL W, YORBA LINDA WATER DISTRICT Communications Expense Reimbursement Form Name (Printed): Exhibit H The purpose of this form is to identify and provide proof of purchase and original itemized receipts for the reimbursement of Director incurred expenses for obtaining electronic equipment and related items in order to receive and access agendas and other District information distributed to the Board via electronic means. NOTE: One hundred percent (100%) of the electronic equipment and approved itemized expenses reimbursed shall be reported on the Director's Form W-2 as taxable income. I agree that all expenses submitted on this form are for District purposes only. I also agree that it is my responsibility to provide proof of purchase and original itemized receipts along with this completed form to the Finance Manager or the General Manager within 30 days of purchase. Director's Signature: Reviewer's Signature: Date: Date: Page 115 of 170 Exhibit I YL W, YORBA LINDA WATER DISTRICT Waiver of Written Notice of Special and Emergency Meetings (Date) Board of Directors Yorba Linda Water District PO Box 309 Yorba Linda CA 92885 Dear President and Fellow Board Members: This letter is to serve as a written waiver of receiving written notice of special and emergency meetings under the Brown Act during my absence from (Date) to (Date) Respectively Submitted, , Director Yorba Linda Water District Cc: General Manager Page 116 of 170 Exhibit J YL W, YORBA LINDA WATER DISTRICT Guidelines for Parliamentary Procedure SPECIAL MEETINGS FOR CLOSED SESSION ONLY Chair Calls Meeting to Order Board Secretary Performs Roll Call / Establishment of Quorum Chair Requests Public Comments (Limited to 3 minutes.) Before Closed Session Chair reads description of Closed Session (s) Chair requests motion/second to adjourn to Closed Session. Chair asks if all in favor. After Closed Session Chair reconvenes meeting in Open Session. Chair, GM, or Legal Counsel reports any action taken during Closed Session if required. Chair Adjourns Meeting REGULAR MEETINGS Chair Calls Meeting to Order Chair Leads Pledge of Allegiance Board Secretary Performs Roll Call / Establishment of Quorum Chair Asks GM if Additions / Deletions to Agenda Addition requires 2/3 vote by roll call, or all Directors if only 3 present. Matter must have come to District's attention subsequent to posting of agenda and requires immediate action by the Board. Introductions and Presentations Reserved for staff introductions, special presentations, and comments from other elected official liaisons. Chair Requests Public Comments (Limited to 3 minutes.) Comments related to items on agenda are taken when item is considered. Page 117 of 170 Exhibit J Consent Calendar Chair asks if Directors or public have any questions or comments on Consent Calendar. If NO, Chair asks for motion/second and requests roll call vote. If YES, Chair indicates item does not need to be formally removed from Consent Calendar. Chair asks for public comments. Board proceeds with questions or comments. Following all comments, Chair asks for motion/second and requests roll call vote. If YES and Director or public requests removal of item(s) from Consent Calendar, Chair indicates item(s) will be removed from Consent Calendar and considered separately. Chair asks for public comments on items remaining on Consent Calendar. Following comments, Chair asks for motion/second and requests roll call vote. Items Removed From Consent Calendar (See Action Calendar) Action Calendar Chair reads item description. GM requests staff to provide report. Chair opens floor to public comments. Board proceeds with discussion of item. Following discussion, Chair asks for motion/second. Chair restates motion and requests roll call vote. MAIN MOTION PROCESS Director makes clearly worded motion to take action (e.g. "I move to..."). Motion must be seconded. If no further discussion, Chair requests roll call vote. If additional discussion occurs, Chair restates motion prior to requesting roll call vote. Page 118 of 170 Appendix 1 ORDINANCE NO. 03-01 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT SETTING COMPENSATION FOR MEMBERS OF THE BOARD OF DIRECTORS WHEREAS, The Yorba Linda Water District is organized and operates under authority of the County Water District Act, Division I2, commencing with Section 30.000 of the California Water Code; and WHEREAS, Water Code Section 20202, permits water districts, as defined in Section 20200, which includes the Yorba Linda Water District, to increase compensation of members of the Board of Directors in an amount in excess of $100 per day for each day's attendance at Board meetings or each day's service as a Director at the Board's request, not to exceed ten day's per calendar month; and, WHEREAS, the increase in compensation authorized pursuant to Section 20202 is limited to five percent for each calendar year following the operative date of the last adjustment; and WHEREAS, the Board of Directors of the Yorba Linda Water District, by action taken in February, 1991 set the daily compensation under Water Code Section 30507 at $125 for Board and Board Committee meetings and $50 for other service rendered at the request of the Board; and WHEREAS, the Board of Directors of the Yorba Linda Water District has conducted a public hearing upon notice pursuant to Government Code Section 6066 as required by Water Code Section 20203. NOW THEREFORE, the Board of Directors of the Yorba Linda Water District does hereby find, declare, order and ordain as follows: Section 1. The matters set forth in the recitals of this Ordinance are true and correct. Section 2. Upon and after the effective date of this Ordinance, compensation for members of the Board of Directors of the Yorba Linda Water District shall be $150 per day for each day's attendance at meetings of the Board of Directors and other meetings attended at the request of the Board of Directors. Compensation for any type of service shall not exceed ten (10) days in any calendar month. Members of the Board of Directors shall receive reimbursement or payment of expenses, according to District rules, incurred in the performance of each Director's duties required or authorized by the Board of Directors. Page 119 of 170 Section 3. This Ordinance shall become effective sixty (60) days after its adoption. PASSED AND ADOPTED this 23rd day of January, 2003 by the following called vote; AYES: Beverage, Mills, Summerfield NOES: Armstrong ABSENT: Korn ABSTAIN: Secretary Appendix 1 Page 120 of 170 ITEM NO. 11.2. Yorba Linda Water District AGENDA REPORT MEETING DATE: October 5, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Delia Lugo, Finance Manager SUBJECT: Amendment to Fiscal Year 2023-24 Operating Budget RECOMMENDATION: That the Board of Directors adopt Resolution No. 2023 -XX adopting the Amended Operating Budget for Fiscal Year 2023-24 (Financial Summaries). BACKGROUND: On June 1, 2023, the Board of Directors adopted Resolution No. 2023-13 Adopting the Operating Budget for Fiscal Year 2023-24. In the agenda reports for this Action Item 9.4, staff noted that the presented operating budget, specifically for the Salaries and Related Expenses budgeted amounts, may need to be updated in the future pending the results of the meet and confer process (labor negotiations) for a new Memorandum of Understanding and the Total Compensation Study. The Total Compensation Study Report prepared by Koff and Associates was presented at the Board Meeting held May 18, 2023 to be received and filed. At the direction of the Board, the results from the study were not to go into effect until labor negotiations had been successfully completed and brought before the Board for approval. The meet and confer process between the District's negotiating team and the Yorba Linda Water District Employees Association was successfully completed in the latter part of July 2023. At the August 3, 2023 Board Meeting, the Board of Directors adopted: (1) Resolution No. 2023-23 adopting the Budgeted Positions, Job Classifications and Salary Schedule for Fiscal Year 2024; (2) Resolution No. 2023-24 adopting the Memorandum of Understanding Between the District and the YLWD Employees Association for Fiscal Years 2024-2025; (3) and Resolution No. 2023-25 adopting the Personnel Manual for Unrepresented Employees for Fiscal Years 2024-2025 all with an effective date of July 1, 2023. Staff has updated the Salaries and Related Expenses Budget for Fiscal Year 2023-24 to include the results from the Total Compensation Study and Resolutions approved at the August 3, 2023 Board meeting. The fiscal impact on the Operating Budget for Fiscal Year 2023-24 is to recommend an increase of approximately $961,000. As a result, the budgeted Total Operating Expenses are projected to increase to $44,757,607 from $43,796,810 and the overall Net Position (Loss) on June 30, 2024 is projected to increase to ($1,209,705) from ($248,908). ATTACHMENTS: Page 121 of 170 FY2023-24 Previously Adopted Financial Summaries Resolution No. 2023-XX - Adopting Amended FY23-24 Operating Budget FY2023-24 Amended Financial Summaries Page 122 of 170 P aYorba Linda Water District FINANCIAL SUMMARIES Net Income Before Capital Contributions 6,334,673 FY22 Actual FY23 Budget FY23 Projections FY24 Budget Revenue (Operating): 25,466,436 - Net Income Before Depreciation 6,624,285 5,572,733 Water Revenue (Residential) 15,861,493 16,933,387 14,756,075 19,683,344 Water Revenue (Commercial & Fire Det.) 1,606,688 1,737,255 1,639,577 2,016,621 Water Revenue (Landscape/Irrigation) 3,839,467 4,046,832 3,640,243 4,769,326 Service Charges 13,358,664 14,720,797 14,729,859 16,076,351 Property Tax - CFC Charges 2,940,151 3,103,900 3,300,357 3,597,389 PFAS Impact Fee 889,401 - - - Sewer Charge Revenue 2,870,431 3,115,771 3,077,368 3,582,947 Sewer Parcel Assessments 333,965 363,158 356,954 410,497 Other Operating Revenue 1,31 1,232 1,287,829 1,297,318 1,327,217 Total Operating Revenue 43,011,492 45,308,929 42,797,751 51,463,692 Revenue (Non -Operating): Interest 179,375 106,925 740,623 948,000 Property Tax 2,157,211 2,095,000 2,351,079 2,402,796 Other Non -Operating Revenue 174,376 692,942 1,313,772 735,458 Total Non -Operating Revenue 2,510,962 2,894,867 4,405,474 4,086,254 Total Revenue 45,522,454 48,203,796 47,203,225 55,549,946 Expenses (Operating): Variable Costs Water -Related Costs 17,635,438 13,656,768 11,046,823 14,576,854 Fixed Costs 1,668,633 1,839,855 1,850,950 2,242,467 Power -Related Costs 1,299,314 2,189,451 2,934,621 3,071,848 Variable Water Costs Related Expenses Total 20,603,385 17,686,074 15,832,394 19,891,169 Salary Related Expenses 11,016,220 13,636,809 12,501,986 13,823,875 Reduction for Capital Project Labor - (405,000) - (408,000) Salary Related Expenses Total 11,016,220 13,231,809 12,501,986 13,415,875 Supplies & Services: Board Election - 137,000 90,206 - Communications 126,854 193,000 195,555 240,240 Contractual Services 601,462 620,039 651,993 721,531 Data Processing 275,125 416,614 402,790 539,950 District Activities, Emp Recognition 32,157 45,500 49,406 68,495 Dues & Memberships 97,803 97,522 93,536 125,625 Fees & Permits 396,274 467,990 457,431 499,300 Insurance 279,465 434,590 379,300 485,000 Maintenance 1,418,058 1,527,900 1,819,170 2,044,400 Materials* 886,544 2,377,300 1,302,394 2,468,792 Non -Capital Equipment 206,427 211,300 231,502 328,100 Office Expense 38,173 42,300 42,936 47,550 Professional Services 1,170,752 1,728,760 1,721,583 1,569,770 Training 40,829 83,150 51,819 75,893 Travel & Conferences 22,631 102,780 45,880 104,720 Uncollectible Accounts 18,114 10,000 25,000 15,000 Utilities 185,453 224,000 382,874 400,000 Vehicle Expenses 501,601 538,550 701,372 755,400 Supplies & Services Sub -Total 6,297,722 9,258,295 8,644,747 10,489,766 Total Operating Expenses 37,917,327 40,176,178 36,979,127 43,796,810 Expenses (Non -Operating): Interest Expense 1,249,313 2,436,750 2,092,379 2,604,419 Other Expense 21,141 18,135 391,555 18,625 Total Non -Operating Expenses 1,270,454 2,454,885 2,483,934 2,623,044 Total Expenses 39,187,781 42,631,063 39,463,061 46,419,854 Net Income Before Capital Contributions 6,334,673 5,572,733 7,740,164 9,130,092 Capital Contributions 289,612 - 25,466,436 - Net Income Before Depreciation 6,624,285 5,572,733 33,206,600 9,130,092 Depreciation 7,935,696 9,500,000 9,038,130 9,379,000 Income (Loss) (1,311,411) (3,927,267) 24,168,470 (248,908) *PFAS Treatment Plant O&M cost sharing with OCWD ® Financial Summaries I Fiscal Year 2023-24 Budget 1 Adopted June 1, 2023 Page 124 of 170 ® Financial Summaries I Fiscal Year 2023-24 Budget 2 Adopted June 1, 2023 Page 125 of 170 FY22 Actual FY23 Budget FY23 Projections FY24 Budget Revenue (Operating): Water Revenue (Residential) 15,861,493 16,933,387 14,756,075 19,683,344 Water Revenue (Commercial & Fire Det.) 1,606,688 1,737,255 1,639,577 2,016,621 Water Revenue (Landscape/Irrigation) 3,839,467 4,046,832 3,640,243 4,769,326 Service Charges 13,358,664 14,720,797 14,729,859 16,076,351 Property Tax - CFC Charges 2,940,151 3,103,900 3,300,357 3,597,389 PFAS Impact Fee 889,401 - - - Other Operating Revenue 1,123,730 1,171,574 1,204,799 1,252,987 Total Operating Revenue 39,619,594 41,713,745 39,270,910 47,396,018 Revenue (Non -Operating): Interest 143,190 70,200 606,368 780,000 Property Taxes 2,157,211 2,095,000 2,351,079 2,402,796 Other Non -Operating Revenue 89,363 659,672 1,216,777 718,823 Total Non -Operating Revenue 2,389,764 2,824,872 4,174,224 3,901,619 Total Revenue 42,009,358 44,538,617 43,445,134 51,297,637 Expenses (Operating): Variable Water Costs (G.W., Import & Power) Water -Related Costs 17,635,438 13,656,768 11,046,823 14,576,854 Fixed Costs 1,668,633 1,839,855 1,850,950 2,242,467 Power -Related Costs 1,299,314 2,189,451 2,934,621 3,071,848 Variable Water Costs Related Expenses Total 20,603,385 17,686,074 15,832,394 19,891,169 Salary Related Expenses 9,230,304 11,703,642 10,481,360 11,488,469 Reduction for Capital Project Labor (344,250) (367,200) Salary Related Expenses Total 9,230,304 11,359,392 10,481,360 11,121,269 Supplies & Services Board Election - 116,450 76,675 - Communications 107,981 166,307 169,665 210,004 Contractual Services 534,009 541,358 574,773 634,152 Data Processing 236,946 361,462 346,478 463,532 District Activities, Emp Recognition 27,340 38,677 41,995 58,223 Dues & Memberships 83,144 82,932 79,506 106,833 Fees & Permits 361,468 416,062 410,392 444,853 Insurance 237,545 369,402 322,405 412,250 Maintenance 1,105,701 1,122,055 1,427,186 1,467,855 Materials* 829,497 2,313,020 1,226,684 2,383,837 Non -Capital Equipment 148,701 151,105 161,379 253,285 Office Expense 32,447 35,956 36,509 40,418 Professional Services 966,622 1,560,430 1,563,517 1,417,133 Training 29,151 69,748 36,509 62,396 Travel & Conferences 19,310 85,199 38,998 86,462 Uncollectible Accounts 14,700 8,500 21,250 12,750 Utilities 158,342 190,400 325,443 340,000 Vehicle Expenses 418,570 473,350 629,802 676,400 Supplies & Services Sub -Total 5,311,474 8,102,413 7,489,166 9,070,383 Total Operating Expenses 35,145,163 37,147,879 33,802,920 40,082,821 Expenses (Non -Operating) Interest on Long Term Debt 1,249,313 2,436,750 2,092,379 2,604,419 Other Expense 2,440 12,350 388,278 12,325 Total Non -Operating Expenses 1,251,753 2,449,100 2,480,657 2,616,744 Total Expenses 36,396,916 39,596,979 36,283,577 42,699,565 Net Income (Loss) Before Capital Contributions 5,612,442 4,941,638 7,161,557 8,598,072 Capital Contributions 176,963 - 25,050,300 Net Income (Loss) Before Depreciation 5,789,405 4,941,638 32,211,857 8,598,072 Depreciation 6,442,545 8,005,000 7,524,955 7,690,000 Income (Loss) (653,140) (3,063,362) 24,686,902 908,072 *PFAS Treatment Plant O&M cost sharing with OCWD ® Financial Summaries I Fiscal Year 2023-24 Budget 2 Adopted June 1, 2023 Page 125 of 170 ® Financial Summaries I Fiscal Year 2023-24 Budget 3 Adopted June 1, 2023 Page 126 of 170 FY22 Actual FY23 Budget FY23 Projections FY24 Budget Revenue (Operating): Sewer Charge Revenue 2,870,431 3,115,771 3,077,368 3,582,947 Sewer Parcel Assessments (Locke Ranch) 333,965 363,158 356,954 410,497 Other Operating Revenue 187,502 116,255 92,519 74,230 Total Operating Revenue 3,391,898 3,595,184 3,526,841 4,067,674 Revenue (Non -Operating): Interest 36,185 36,725 134,255 168,000 Other Non -Operating Revenue 85,013 33,270 96,995 16,635 Total Non -Operating Revenue 121,198 69,995 231,250 184,635 Total Revenue 3,513,096 3,665,179 3,758,091 4,252,309 Expenses (Operating): Salary Related Expenses 1,785,916 1,933,167 2,020,626 2,335,406 Reduction for Capital Project Labor (60,750) (40,800) Salary Related Expenses Total 1,785,916 1,872,417 2,020,626 2,294,606 Supplies & Services Board Election - 20,550 13,531 - Communications 18,873 26,693 25,890 30,236 Contractual Services 67,453 78,681 77,220 87,379 Data Processing 38,179 55,152 56,312 76,418 District Activities, Emp Recognition 4,817 6,823 7,411 10,272 Dues & Memberships 14,659 14,590 14,030 18,792 Fees & Permits 34,806 51,928 47,039 54,447 Insurance 41,920 65,188 56,895 72,750 Maintenance 312,357 405,845 391,984 576,545 Materials 57,047 64,280 75,710 84,955 Non -Capital Equipment 57,726 60,195 70,123 74,815 Office Expense 5,726 6,344 6,427 7,132 Professional Services 204,130 168,330 158,066 152,637 Training 11,678 13,402 15,310 13,497 Travel & Conferences 3,321 17,581 6,882 18,258 Uncollectible Accounts 3,414 1,500 3,750 2,250 Utilities 27,111 33,600 57,431 60,000 Vehicle Expenses 83,031 65,200 71,570 79,000 Supplies & Services Sub -Total 986,248 1,155,882 1,155,581 1,419,383 Total Operating Expenses 2,772,164 3,028,299 3,176,207 3,713,989 Expenses (Non -Operating): Other Expense 18,701 5,785 3,277 6,300 Total Non -Operating Expenses 18,701 5,785 3,277 6,300 Total Expenses 2,790,865 3,034,084 3,179,484 3,720,289 Net Income (Loss) Before Capital Contributions 722,231 631,095 578,607 532,020 Capital Contributions 112,649 - 416,136 Net Income Before Depreciation 834,880 631,095 994,743 532,020 Depreciation 1,493,151 1,495,000 1,513,175 1,689,000 Income (Loss) (658,271) (863,905) (518,432) (1,156,980) ® Financial Summaries I Fiscal Year 2023-24 Budget 3 Adopted June 1, 2023 Page 126 of 170 DEPARTMEIN SUMMARIE14 ® Financial Summaries I Fiscal Year 2023-24 Budget 4 Adopted June 1, 2023 Page 127 of 170 DEPARTMENT SUMMARIES Board of Directors Salary Related Expenses Salaries $ 66,900 $ 90,000 $ 58,500 $ 90,000 Benefits 7,112 9,649 15,467 28,876 Salary Related Expenses Total $ 74,012 $ 99,649 $ 73,967 $ 118,876 Supplies & Services Board Election $ - $ 137,000 $ 90,206 $ - District Meetings & Events 827 1,500 1,000 1,500 Dues & Memberships 297 660 300 60 Fees & Permits 1,500 - - - Non Capital Equipment - 2,000 1,000 1,000 Office Expense 824 800 800 800 Professional Development 3,000 2,400 - 1,000 Professional Services 27,403 33,000 33,000 39,000 Travel & Conferences 9,176 32,350 5,500 29,000 Supplies & Services Total $ 43,026 $ 209,710 $ 131,806 $ 72,360 Administration Salary Related Expenses Salaries $ 1,267,260 $ 1,351,536 $ 1,278,025 $ 1,361,774 Benefits 1,252,225 2,385,855 2,238,323 2,307,255 Salary Related Expenses Total $ 2,519,485 $ 3,737,391 $ 3,516,348 $ 3,669,029 Supplies & Services Communications $ 34,396 $ 91,750 $ 92,950 $ 129,440 Contractual Services 6,145 6,064 4,964 4,461 District Meetings & Events 8,015 13,500 13,650 19,995 Dues & Memberships 89,349 85,507 83,847 112,515 Fees & Permits 6,427 1,000 2,000 3,000 Non Capital Equipment 4,339 3,500 3,500 4,000 Office Expense 3,086 1,700 3,400 3,600 Professional Development 2,421 5,500 5,150 6,000 Professional Services 449,110 476,000 540,600 541,000 Travel & Conferences 3,083 48,030 22,880 36,640 Supplies & Services Total $ 606,371 $ 732,551 $ 772,941 $ 860,651 ® Financial Summaries I Fiscal Year 2023-24 Budget Adopted June 1, 2023 5 Page 128 of 170 DEPARTMENT SUMMARIES Finance Salary Related Expenses Salaries $ 1,154,563 $ 1,197,527 $ 1,100,115 $ 1,230,209 Benefits 336,179 352,466 355,304 351,748 Salary Related Expenses Total $ 1,490,742 $ 1,549,993 $ 1,455,419 $ 1,581,957 Supplies & Services Communications $ 87,712 $ 92,250 $ 96,057 $ 98,800 Contractual Services 56,070 59,825 62,444 68,670 District Meetings & Events 576 900 1,380 1,100 Dues & Memberships 665 1,455 1,060 1,370 Fees & Permits 265,735 307,060 284,570 317,516 Maintenance - 300 300 300 Non Capital Equipment 951 500 250 300 Office Expense 7,356 9,950 8,319 12,450 Professional Development 2,175 6,050 5,825 6,583 Professional Services 61,336 83,200 66,026 84,150 Travel & Conferences 2,630 6,900 6,500 11,830 Uncollectible Accounts 18,114 10,000 25,000 15,000 Supplies & Services Total $ 503,320 $ 578,390 $ 557,731 $ 618,069 Engineering Salary Related Expenses Salaries $ 757,477 $ 1,186,625 $ 880,504 $ 1,253,347 Benefits 154,260 343,128 357,313 330,326 Salary Related Expenses Total $ 911,737 $ 1,529,753 $ 1,237,817 $ 1,583,673 Supplies & Services Communications $ 2,376 $ 4,000 $ 4,048 $ 7,000 Contractual Services 39,934 1,500 - - Data Processing 46,530 9,000 7,800 9,500 District Meetings & Events 1,204 1,000 500 1,000 Dues & Memberships 1,728 2,050 1,119 3,230 Fees & Permits 8,651 13,130 11,940 14,284 Maintenance 218,396 488,000 719,946 828,000 Materials 4,036 - - Non Capital Equipment 159 300 300 300 Office Expense 2,790 1,700 1,700 1,700 Professional Development 6,983 15,000 9,010 12,500 Professional Services 307,115 659,560 637,099 462,620 Travel & Conferences 3,549 2,500 2,500 11,250 Supplies & Services Total $ 643,451 $ 1,197,740 $ 1,395,962 $ 1,351,384 ® Financial Summaries I Fiscal Year 2023-24 Budget Adopted June 1, 2023 0 Page 129 of 170 DEPARTMENT SUMMARIES Operations Salary Related Expenses Salaries $ 3,918,584 $ 4,455,853 $ 4,098,881 $ 4,549,860 Benefits 1,496,591 1,596,681 1,484,849 1,631,701 Salary Related Expenses Total $ 5,415,175 $ 6,052,534 $ 5,583,730 $ 6,181,561 Supplies & Services Contractual Services $ 345,169 $ 394,200 $ 398,006 $ 444,400 Data Processing 22,292 - 27,376 30,000 District Meetings & Events 6,806 6,000 10,162 10,000 Dues & Memberships 80 700 60 300 Fees & Permits 113,961 146,800 158,921 164,500 Maintenance 1,190,771 1,029,600 1,088,924 1,206,100 Materials 879,644 2,372,300 1,297,394 2,463,792 Non Capital Equipment 174,471 180,000 201,452 297,500 Office Expense 14,330 17,500 18,317 18,500 Professional Development 23,407 43,200 22,834 39,800 Professional Services 42,541 45,000 55,058 61,000 Travel & Conferences 1,348 2,500 - 5,500 Utilities 100,173 125,000 283,874 301,000 Vehicle Expenses 501,601 538,550 701,372 755,400 Supplies & Services Total $ 3,416,594 $ 4,901,350 $ 4,263,750 $ 5,797,792 Information Technology Salary Related Expenses Salaries $ 83,838 $ 91,444 $ 85,974 $ 91,478 Benefits 28,610 27,219 33,317 28,455 Salary Related Expenses Total $ 112,448 $ 118,663 $ 119,291 $ 119,933 Supplies & Services Contractual Services $ 125,152 $ 113,450 $ 133,000 $ 151,100 Data Processing 206,303 407,614 367,614 500,450 District Meetings & Events 86 200 200 200 Maintenance 8,891 10,000 10,000 10,000 Materials 2,864 5,000 5,000 5,000 Non Capital Equipment 26,507 25,000 25,000 25,000 Office Expense 9,658 10,000 10,000 10,000 Professional Development 2,317 2,500 2,500 3,510 Professional Services 239,482 306,000 306,000 326,000 Utilities 85,280 99,000 99,000 99,000 Supplies & Services Total $ 706,540 $ 978,764 $ 958,314 $ 1,130,260 ® Financial Summaries I Fiscal Year 2023-24 Budget Adopted June 1, 2023 7 Page 130 of 170 DEPARTMENT SUMMARIES Human Resources Salary Related Expenses Salaries $ 379,151 $ 418,153 $ 403,924 $ 433,348 Benefits 113,470 130,673 111,490 135,498 Salary Related Expenses Total $ 492,621 $ 548,826 $ 515,414 $ 568,846 Supplies & Services Communications $ 2,370 $ 5,000 $ 2,500 $ 5,000 Contractual Services 28,992 45,000 53,579 52,900 District Meetings & Events 14,643 22,400 22,514 34,700 Dues & Memberships 5,684 7,150 7,150 8,150 Insurance 279,465 434,590 379,300 485,000 Office Expense 129 650 400 500 Professional Development 526 8,500 6,500 6,500 Professional Services 43,765 126,000 83,800 56,000 Travel & Conferences 2,845 10,500 8,500 10,500 Supplies & Services Total $ 378,419 $ 659,790 $ 564,243 $ 659,250 ® Financial Summaries I Fiscal Year 2023-24 Budget Adopted June 1, 2023 0 Page 131 of 170 PROJECT: ® Financial Summaries I Fiscal Year 2023-24 Budget 9 Adopted June 1, 2023 Page 132 of 170 1 -Year CIP Schedule PROJECT COST FY2023-24 Planning & Design $ 400,000 Construction (Contract) 13,380,490 Project Management/Inspection 217,510 YLWD Capitalized Labor 408,000 ANNUAL CAPITAL IMPROVEMENT COST TOTAL 1 $ 14,406,000 PROJECT FUNDING FY2023-24 PAY -GO $ 1,461,405 Line of Credit - Debt Funded 12,944,595 ANNUAL CAPITAL IMPROVEMENT FUNDING TOTAL $ 14,406,000 PROJECT NAME FY2023-24 BNSF Crossing -Veterans Way and S. Highland $ 1,336,061 Golden Ave Waterline 305,498 Hidden Hills BPS Upgrades 255,131 Imperial Waterline Improvement 2,938,333 Mountain View Waterline Replacement 598,938 PRS Rehabilitation Project *Based on AMP & Asset Scores 300,000 Timber Ridge BPS Pump Replacement 4,209,634 Waterline Replacement *Based on AMP & Leak History 2,600,000 Well 22 Equipping 5,000 Well Rehabilitation Project 396,000 Total Water CIP $ 12,944,595 Green Crest Lift Station Rehab $ 400,000 Main Street Sewer Replacement 552,530 Sewer System Rehabilitation and Replacement Project 508,875 Total Sewer CIP I $ 1,461,405 CIP Total $ 14,406,000 CAPITAL OUTLAY FY2023-24 MWDSC & YLWD Heli -Hydrant $ 200,000 Vehicle Replacement 480,000 Security Improvements/Modifications 50,000 Outlav Total $ 730,000 ® Financial Summaries I Fiscal Year 2023-24 Budget 10 Adopted June 1, 2023 Page 133 of 1 RESOLUTION NO. 2023 -XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE AMENDED OPERATING BUDGET FOR FISCAL YEAR 2023-24 AND RESCINDING RESOLUTION NO. 2023-13 WHEREAS, the Yorba Linda Water District has prepared a one-year budget for Fiscal Year 2023-24; and WHEREAS, it is the desire of the Board of Directors to adopt an Amended Budget for Fiscal Year 2023-24, and rescind Resolution No. 2023-13. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That the Amended Budget for Fiscal Year 2023-24, set forth in Exhibit "A" and attached hereto, is hereby approved and adopted. Section 2. That the Amended Budget for Fiscal Year 2023-24 is in full force and effect beginning July 1, 2023, and continuing until this Resolution is rescinded by the Board of Directors. Section 3. That Resolution No. 2023-13 is hereby rescinded. PASSED AND ADOPTED this 5th day of October 2023 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Brett R. Barbre, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP Resolution No. 2023 -XX Adopting the Amended Operating Budget for Fiscal Year 2023-24 Page 134 of 170 Page 135 of 170 Operoling Blidgel for FY 202 -24 Revenue (Operating): Water Revenue (Residential) Water Revenue (Commercial & Fire Det.) Water Revenue (Landscape/Irrigation) Service Charges Property Tax - CFC Charges PFAS Impact Fee Sewer Charge Revenue Sewer Parcel Assessments Other Operating Revenue Total Operating Revenue Revenue (Non -Operating): Interest Property Tax Other Non -Operating Revenue Total Non -Operating Revenue Total Revenue Expenses (Operating): Variable Costs Water -Related Costs Fixed Costs Power -Related Costs Variable Water Costs Related Expenses Total Salary Related Expenses Reduction for Capital Project Labor Salary Related Expenses Total Supplies & Services: Board Election Communications Contractual Services Data Processing District Activities, Emp Recognition Dues & Memberships Fees & Permits Insurance Maintenance Materials* Non -Capital Equipment Office Expense Professional Services Training Travel & Conferences Uncollectible Accounts Utilities Vehicle Expenses Supplies & Services Sub -Total Total Operating Expenses Expenses (Non -Operating): Interest Expense Other Expense Total Non -Operating Expenses Total Expenses Net Income Before Capital Contributions Capital Contributions Net Income Before Depreciation Depreciation Income (Loss) *PFAS Treatment Plant O&M cost sharing with OCWD YL W Amended FY22 FY23 FY23 FY24 Actual Budget Projections Budget $ 15,861,493 $ 16,933,387 $ 14,756,075 $ 19,683,344 1,606,688 1,737,255 1,639,577 2,016,621 3,839,467 4,046,832 3,640,243 4,769,326 13,358,664 14,720,797 14,729,859 16,076,351 2,940,151 3,103,900 3,300,357 3,597,389 889,401 - - - 2,870,431 3,115,771 3,077,368 3,582,947 333,965 363,158 356,954 410,497 1,31 1,232 1,287,829 1,297,318 1,327,217 43,011,492 45,308,929 42,797,751 51,463,692 179,375 106,925 740,623 948,000 2,157,211 2,095,000 2,351,079 2,402,796 174,376 692,942 1,313,772 735,458 2,510,962 2,894,867 4,405,474 4,086,254 $ 45,522,454 $ 48,203,796 $ 47,203,225 $ 55,549,946 $ 17,635,438 $ 13,656,768 $ 11,046,823 $ 14,576,854 1,668,633 1,839,855 1,850,950 2,242,467 1,299,314 2,189,451 2,934,621 3,071,848 20,603,385 17,686,074 15,832,394 19,891,169 11,016,220 13,636,809 12,501,986 14,784,672 - (405,000) - (408,000) 11,016,220 13,231,809 12,501,986 14,376,672 - 137,000 90,206 - 126,854 193,000 195,555 240,240 601,462 620,039 651,993 721,531 275,125 416,614 402,790 539,950 32,157 45,500 49,406 68,495 97,803 97,522 93,536 125,625 396,274 467,990 457,431 499,300 279,465 434,590 379,300 485,000 1,418,058 1,527,900 1,819,170 2,044,400 886,544 2,377,300 1,302,394 2,468,792 206,427 211,300 231,502 328,100 38,173 42,300 42,936 47,550 1,170,752 1,728,760 1,721,583 1,569,770 40,829 83,150 51,819 75,893 22,631 102,780 45,880 104,720 18,114 10,000 25,000 15,000 185,453 224,000 382,874 400,000 501,601 538,550 701,372 755,400 6,297,722 9,258,295 8,644,747 10,489,766 37,917,327 40,176,178 36,979,127 44,757,607 1,249,313 2,436,750 2,092,379 2,604,419 21,141 18,135 391,555 18,625 1,270,454 2,454,885 2,483,934 2,623,044 $ 39,187,781 $ 42,631,063 $ 39,463,061 $ 47,380,651 6,334,673 $ 5,572,733 $ 7,740,164 $ 8,169,295 289,612 - 25,466,436 - 6,624,285 5,572,733 33,206,600 8,169,295 7,935,696 9,500,000 9,038,130 9,379,000 $ (1,311,411) $ (3,927,267) $ 24,168,470 $ (1,209,705) Financial Summaries I Fiscal Year 2023-24 Budget Page 136 of 170 Operoling Blidgei for H 2023-221, Revenue (Operating): Water Revenue (Residential) Water Revenue (Commercial & Fire Det.) Water Revenue (Landscape/Irrigation) Service Charges Property Taxes - CFC Charges PFAS Impact Fee Other Operating Revenue Total Operating Revenue Revenue (Non -Operating): Interest Property Taxes Other Non -Operating Revenue Total Non -Operating Revenue Total Revenue Expenses (Operating): Variable Water Costs (G.W., Import & Power) Water -Related Costs Fixed Costs Power -Related Costs Variable Water Costs Related Expenses Total Salary Related Expenses Reduction for Capital Project Labor Salary Related Expenses Total Supplies & Services Board Election Communications Contractual Services Data Processing District Activities, Emp Recognition Dues & Memberships Fees & Permits Insurance Maintenance Materials* Non -Capital Equipment Office Expense Professional Services Training Travel & Conferences Uncollectible Accounts Utilities Vehicle Expenses Supplies & Services Sub -Total Total Operating Expenses Expenses (Non -Operating) Interest on Long Term Debt Other Expense Total Non -Operating Expenses Total Expenses Net Income (Loss) Before Capital Contributions Capital Contributions Net Income (Loss) Before Depreciation Depreciation Income (Loss) *PFAS Treatment Plant O&M cost sharing with OCWD YL W Amended FY22 FY23 FY23 FY24 Actual Budget Projections Budget $ 15,861,493 $ 16,933,387 $ 14,756,075 $ 19,683,344 1,606,688 1,737,255 1,639,577 2,016,621 3,839,467 4,046,832 3,640,243 4,769,326 13,358,664 14,720,797 14,729,859 16,076,351 2,940,151 3,103,900 3,300,357 3,597,389 889,401 - - - 1,123,730 1,171,574 1,204,799 1,252,987 39,619,594 41,713,745 39,270,910 47,396,018 143,190 70,200 606,368 780,000 2,157,211 2,095,000 2,351,079 2,402,796 89,363 659,672 1,216,777 718,823 2,389,764 2,824,872 4,174,224 3,901,619 $ 42,009,358 $ 44,538,617 $ 43,445,134 $ 51,297,637 17,635,438 $ 13,656,768 $ 11,046,823 $ 14,576,854 1,668,633 1,839,855 1,850,950 2,242,467 1,299,314 2,189,451 2,934,621 3,071,848 20,603,385 17,686,074 15,832,394 19,891,169 9,230,304 11,703,642 10,481,360 12,523,1 19 - (344,250) - (367,200) 9,230,304 11,359,392 10,481,360 12,155,919 1,249,313 116,450 76,675 - 107,981 166,307 169,665 210,004 534,009 541,358 574,773 634,152 236,946 361,462 346,478 463,532 27,340 38,677 41,995 58,223 83,144 82,932 79,506 106,833 361,468 416,062 410,392 444,853 237,545 369,402 322,405 412,250 1,105,701 1,122,055 1,427,186 1,467,855 829,497 2,313,020 1,226,684 2,383,837 148,701 151,105 161,379 253,285 32,447 35,956 36,509 40,418 966,622 1,560,430 1,563,517 1,417,133 29,151 69,748 36,509 62,396 19,310 85,199 38,998 86,462 14,700 8,500 21,250 12,750 158,342 190,400 325,443 340,000 418,570 473,350 629,802 676,400 5,311,474 8,102,413 7,489,166 9,070,383 35,145,163 37,147,879 33,802,920 41,117,471 1,249,313 2,436,750 2,092,379 2,604,419 2,440 12,350 388,278 12,325 1,251,753 2,449,100 2,480,657 2,616,744 $ 36,396,916 $ 39,596,979 $ 36,283,577 $ 43,734,215 $ 5,612,442 $ 4,941,638 $ 7,161,557 $ 7,563,422 176,963 - 25,050,300 - 5,789,405 4,941,638 32,211,857 7,563,422 6,442,545 8,005,000 7,524,955 7,690,000 $ (653,140) $ (3,063,362) $ 24,686,902 $ (126,578) Financial Summaries I Fiscal Year 2023-24 Budget Page 137 of 170 �1�11`1`Jl'llj� !'Il)`J_f�j�?jfJ�� Operoling Budgefor H 2023-221, Expenses (Operating): Salary Related Expenses Reduction for Capital Project Labor Salary Related Expenses Total Supplies & Services Board Election Communications Contractual Services Data Processing District Activities, Emp Recognition Dues & Memberships Fees & Permits Insurance Maintenance Materials Non -Capital Equipment Office Expense Professional Services Training Travel & Conferences Uncollectible Accounts Utilities Vehicle Expenses Supplies & Services Sub -Total Total Operating Expenses Expenses (Non -Operating): Other Expense Total Non -Operating Expenses Total Expenses Net Income (Loss) Before Capital Contributions Capital Contributions Net Income Before Depreciation Depreciation Income (Loss) YL W Amended $ 1,785,916 $ 1,933,167 $ 2,020,626 $ 2,261,553 - (60,750) - (40,800) 1,785,916 1,872,417 2,020,626 2,220,753 - FY22 FY23 FY23 FY24 26,693 Actual Budget Projections Budget Revenue (Operating): 87,379 38,179 55,152 56,312 Sewer Charge Revenue $ 2,870,431 $ 3,115,771 $ 3,077,368 $ 3,582,947 Sewer Parcel Assessments (Locke Ranch) 333,965 363,158 356,954 410,497 Other Operating Revenue 187,502 116,255 92,519 74,230 Total Operating Revenue 3,391,898 3,595,184 3,526,841 4,067,674 Revenue (Non -Operating): 57,047 64,280 75,710 84,955 Interest 36,185 36,725 134,255 168,000 Other Non -Operating Revenue 85,013 33,270 96,995 16,635 Total Non -Operating Revenue 121,198 69,995 231,250 184,635 Total Revenue $ 3,513,096 $ 3,665,179 $ 3,758,091 $ 4,252,309 Expenses (Operating): Salary Related Expenses Reduction for Capital Project Labor Salary Related Expenses Total Supplies & Services Board Election Communications Contractual Services Data Processing District Activities, Emp Recognition Dues & Memberships Fees & Permits Insurance Maintenance Materials Non -Capital Equipment Office Expense Professional Services Training Travel & Conferences Uncollectible Accounts Utilities Vehicle Expenses Supplies & Services Sub -Total Total Operating Expenses Expenses (Non -Operating): Other Expense Total Non -Operating Expenses Total Expenses Net Income (Loss) Before Capital Contributions Capital Contributions Net Income Before Depreciation Depreciation Income (Loss) YL W Amended $ 1,785,916 $ 1,933,167 $ 2,020,626 $ 2,261,553 - (60,750) - (40,800) 1,785,916 1,872,417 2,020,626 2,220,753 - 20,550 13,531 - 18,873 26,693 25,890 30,236 67,453 78,681 77,220 87,379 38,179 55,152 56,312 76,418 4,817 6,823 7,411 10,272 14,659 14,590 14,030 18,792 34,806 51,928 47,039 54,447 41,920 65,188 56,895 72,750 312,357 405,845 391,984 576,545 57,047 64,280 75,710 84,955 57,726 60,195 70,123 74,815 5,726 6,344 6,427 7,132 204,130 168,330 158,066 152,637 11,678 13,402 15,310 13,497 3,321 17,581 6,882 18,258 3,414 1,500 3,750 2,250 27,111 33,600 57,431 60,000 83,031 65,200 71,570 79,000 986,248 1,155,882 1,155,581 1,419,383 2,772,164 3,028,299 3,176,207 3,640,136 18,701 5,785 3,277 6,300 18,701 5,785 3,277 6,300 $ 2,790,865 $ 3,034,084 $ 3,179,484 $ 3,646,436 722,231 $ 631,095 $ 578,607 $ 605,873 112,649 - 416,136 - 834,880 631,095 994,743 605,873 1,493,151 1,495,000 1,513,175 1,689,000 $ (658,271) $ (863,905) $ (518,432) $ (1,083,127) Financial Summaries I Fiscal Year 2023-24 Budget Page 138 of 170 PROJECTS ® Amended Financial Summaries I Fiscal Year 2023-24 Budget Page 139 of 170 1 -Year CIP Schedule PROJECT COST FY2023-24 Planning & Design $ 400,000 Construction (Contract) 13,380,490 Project Management/Inspection 217,510 YLWD Capitalized Labor 408,000 ANNUAL CAPITAL IMPROVEMENT COST TOTAL 1 $ 14,406,000 PROJECT FUNDING FY2023-24 PAY -GO $ 1,461,405 Line of Credit - Debt Funded 12,944,595 ANNUAL CAPITAL IMPROVEMENT FUNDING TOTAL $ 14,406,000 PROJECT NAME FY2023-24 BNSF Crossing -Veterans Way and S. Highland $ 1,336,061 Golden Ave Waterline 305,498 Hidden Hills BPS Upgrades 255,131 Imperial Waterline Improvement 2,938,333 Mountain View Waterline Replacement 598,938 PRS Rehabilitation Project *Based on AMP & Asset Scores 300,000 Timber Ridge BPS Pump Replacement 4,209,634 Waterline Replacement *Based on AMP & Leak History 2,600,000 Well 22 Equipping 5,000 Well Rehabilitation Project 396,000 Total Water CIP $ 12,944,595 Green Crest Lift Station Rehab $ 400,000 Main Street Sewer Replacement 552,530 Sewer System Rehabilitation and Replacement Project 508,875 Total Sewer CIP $ 1,461,405 CIP Total $ 14,406,000 CAPITAL OUTLAY FY2023-24 MWDSC & YLWD Heli -Hydrant $ 200,000 Vehicle Replacement 480,000 Security Improvements/Modifications 50,000 Outlay Total $ 730,000 ® Amended Financial Summaries I Fiscal Year 2023-24 Budget Page 140 of 170 ITEM NO. 11.3. Yorba Linda Water District MEETING DATE: TO: FROM: STAFF CONTACTS: SUBJECT: RECOMMENDATION: AGENDA REPORT October 5, 2023 Board of Directors Mark Toy, General Manager Mark Toy, General Manager Request for Proposals for Legal Services That the Board of Directors consider this matter and provide direction to staff. BACKGROUND: This matter is being presented as requested by the Board during the September 21, 2023 regular meeting. At present, the District's legal services are subdivided into four categories and serviced by different firms: General Counsel Kidman Gagen Law LLP Serves as the attorney for the District in all legal matters pertaining to the operation, maintenance, and other related business of the District. Performs such duties as requested including (1) reviewing all Board actions to ensure legality and acceptability under law; (2) preparing or reviewing legal documents and providing legal counsel as required; (3) attending and participating in Board meetings and other meetings as requested. Labor Counsel Liebert Cassidy Whitmore Serves as the attorney for the District in all legal matters pertaining to employment law and other related business of the District. Performs such duties as requested including (1) reviewing all employment matters to ensure legality and acceptability under law; (2) preparing or reviewing employment and labor -related documents and providing legal counsel as required; attending and participating in Board meetings and other meetings as requested. Bond Counsel Stradling Yocca Carlson & Rauth (Bond Issuance) Drafts appropriate documentation to ensure successful and timely closing and create valid and legally binding security for bond issues, and provides appropriate advice and takes appropriate actions to ensure legal validity of bond issues under state and federal laws as applicable. Page 141 of 170 Special Counsel Meyers Nave (Fee -Sharing for IRWD v. OCWD Joint Representation) Shared representation services with East Orange County Water District and Mesa Water District in connection with this specific case defending against IRWD's claims. Staff has been pleased with the performance of all the listed firms and awaits direction from the Board regarding the potential issuance of a Request for Proposals for one or more of these services. Page 142 of 170 ITEM NO. 11.4. Yorba Linda Water District AGENDA REPORT MEETING DATE: October 5, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Joanna Gonzalez, Public Affairs Officer SUBJECT: Communications with Residents Near Highland Reservoir Regarding Proposed Equestrian Easement and Proposed Security Fence RECOMMENDATION: That the Board of Directors review the last written communication and provide direction to staff. ATTACHMENTS: 1. 2023-09-07 - Highland Reservoir Community Input Solicitation Page 143 of 170 a Yorba Linda SERVING THE COMMUNITY= Water Distric SINCE 1909 4 y September 7, 2023 «Name» ((Address)) ((City)) ((State)) ((Zip)) Re: Community Input on Yorba Linda Water District's Highland Reservoir Facility Dear Neighbor, As you know, the Yorba Linda Water District (YLWD) operates the Highland Reservoir located at 5252'/2 Highland Avenue, and related water facilities in your neighborhood. YLWD owns most of the existing unpaved roadway and has easement rights across portions of the south end of the roadway. As you may be aware, YLWD had considered adding additional fencing to the site to improve security. Based on community input and a more thorough review of the facility, the YLWD Board of Directors has decided that additional fencing will NOT be installed. At this time, YLWD staff would like to offer you the opportunity to provide input on the future of the reservoir facility and roadway, its impacts on your home and neighborhood, and share any additional thoughts or concerns you have regarding YLWD's reservoir facility. Some of the issues on which YLWD seeks your input are as follows: 1. Proposed City of Yorba Linda horse trail that would run along the north side of the existing unpaved roadway. 2. YLWD's plans to secure its reservoir and the water facilities it owns by keeping the existing unpaved roadway closed to through traffic. 3. A neighboring property owner's request to use the road to gain approvals for additional development on that property. 4. Improving (paving) the roadway and/or opening the road to through traffic. 5. Any other comments or concerns that you may have. Your input and feedback are important to us. We encourage you to participate and share your input on the plans of the Highland Reservoir site by scheduling an individual PO Box 309, Yorba Linda, CA 92885 • 714-701-3000 • www.ylwd.com 1 Page 144 of 170 ]Water Yorba Linda District SERVING THE COMMUNITY SINCE 1909 meeting with us. We are happy to meet with you at your home, at the reservoir site, at the YLWD office, or at any other location that is convenient for you. YLWD will host individual meetings with property owners during regular business hours (Monday - Thursday, 7:00 a.m. - 6:00 p.m.) in October and November. The information we receive from property owners will be presented to the YLWD Board of Directors at a Board Meeting before the end of the year. To schedule a meeting time, please contact: Joanna Gonzalez at (714) 701-3023 or email j_gonzalez@ylwd.com at your earliest convenience. At the meeting, YLWD staff will bring maps and exhibits of the site to assist in our discussion. Thank you, Mark Toy, General Manager Yorba Linda Water District PO Box 309, Yorba Linda, CA 92885 714-701-3000 www.ylwd.com 2 Page 145 of 170 Yorba Linda Water District MEETING DATE: TO: FROM: STAFF CONTACTS: SUBJECT: RECOMMENDATION: AGENDA REPORT October 5, 2023 Board of Directors Mark Toy, General Manager Mark Toy, General Manager Capital Improvement Plan Review Group ITEM NO. 11.5. That the Board of Directors consider appointing two Directors to a temporary Capital Improvement Plan Review Group in preparation for a full Board workshop meeting in November/December. BACKGROUND: Staff would like to suggest the Board consider appointing two Directors to a temporary Capital Improvement Plan Review Group in preparation for a future workshop meeting to discuss this matter in more detail. STRATEGIC PLAN INITIATIVES: G1 4B - Address infrastructure needs by updating/implementing the Capital Improvement Plan; G3 2B - Address the District's future infrastructure needs. Page 146 of 170 ITEM NO. 13.1. Yorba Linda Water District AGENDA REPORT MEETING DATE: October 5, 2023 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 meetings and events: Event Date Time Attendance By WACO Fri, Sep 8 7:30 AM MWDSC Board Tue, Sep 12 12:00 PM PYLUSD Board Tue, Sep 12 6:00 PM Barbre OC LAFCO Commission Wed, Sep 13 8:15 AM YL Planning Commission Wed, Sep 13 6:30 PM Hawkins (As Needed) SAWPA Commission Tue, Sep 19 9:30 AM CalMutuals Board Tue, Sep 19 2:00 PM Barbre YL City Council Tue, Sep 19 6:30 PM Miller Placentia City Council Tue, Sep 19 7:00 PM DesRoches Brea City Council Tue, Sep 19 7:00 PM Barbre MWDOC Board Wed, Sep 20 8:30 AM Miller OCWA Meeting Wed, Sep 20 12:30 PM OCWD Board Wed, Sep 20 5:30 PM DesRoches OCSan Board Wed, Sep 27 6:00 PM Hawkins Placentia State of the City Thu, Sep 28 11:15 AM Lindsey ISDOC Quarterly Meeting Thu, Sep 28 11:30 AM SAWPA Commission Tue, Oct 3 9:30 AM Brea City Council Tue, Oct 3 7:00 PM Barbre Placentia City Council Tue, Oct 3 7:00 PM Lindsey MWDOC Board Wed, Oct 4 8:30 AM Miller OCWD Board Wed, Oct 4 5:30 PM DesRoches Page 147 of 170 ITEM NO. 13.2. Yorba Linda Water District MEETING DATE: TO: FROM: STAFF CONTACTS: SUBJECT: AGENDA REPORT October 5, 2023 Board of Directors Mark Toy, General Manager Mark Toy, General Manager General Manager's Report A brief update on District activities and matters of interest as of September 26, 2023. GENERAL MANAGER Our staff participated in a two-hour tabletop exercise centered on a Wildfire Threat within the city of Yorba Linda. Tabletop exercises are discussion -based sessions where team members meet in an informal classroom setting to discuss their roles and responses during an emergency. A facilitator guides participants through a discussion of one or more scenarios. The facilitator for this event was our Safety Officer, Alex Ramirez. During this exercise, staff reviewed wildfire emergency preparedness plans and response procedures. Staff assessed procedures for coordinating and sharing information within the organization, between outside organizations, and with the public. Participants discussed the coordination between organizations and responding local, state, and federal agencies. Finally, staff reviewed organizational interdependencies and recovery plans for post -disaster event scenarios. I was extremely pleased with the active involvement of our participants, many of whom were present for the 2008 Freeway Complex Fire and the 2020 Blue Ridge Fire. Participants discussed lessons learned and, for many new employees, this was the most informative part of the exercise. This tabletop exercise is the first in a series of exercises that YLWD staff will conduct in order to prepare for the next emergency. Our Public Affairs Officer, Joanna Gonzalez, and I met with Paul Juarez (Director Use of Facilities) and Beth Scott (Career Counseling Coordinator) from the Placentia Yorba Linda Unified School District (PYLUSD) as a follow-on Fall meeting from the initial Joint Agency Committee meeting with the PYLUSD. Ideas discussed included: (1) Facility Tours for Middle -High School Students, (2) YLWD Guest Speakers at various school events, (3) Career Technical Education (CTE) Advisory Committee participation, and (4) Yorba Linda's Elementary and Secondary School Emergency Relief III (ESSER III) Funds availability. Joanna has the lead for following up and scheduling future YLWD engagements with PYLUSD. Joanna will attend the next CTE Advisory Committee meeting on November 16, 2023 and will work to schedule the first facility tours and YLWD guest speaker events for 2023-2024. Once the program with PYLUSD is underway, we will schedule the next Joint Agency Committee meeting with our respective board members in order to provide an update. With the assistance of YL City Manager Mark Pulone, he connected me with the Business Development Manager (BDM) who is helping the city of YL with the implementation of solar canopies at city facilities. I conducted an exploratory Zoom call with the BDM. The BDM offered to provide a free study on our facilities, and whether solar canopies are feasible at YLWD — the study would Page 148 of 170 include a B/C analysis. I will continue to follow up and update the BoD when/if there is a decision - point. Executive staff conducted another meeting with Paul Jones (Dopudja & Wells) in order to further explore a proposal to provide a plan for septic to sewer conversion within the YLWD service area. Paul will prepare a presentation for the BoD for a future board meeting so that the Board can make a strategic decision on the way ahead. Our TAKING CARE OF PEOPLE committee met again to provide sub -committee reports on the various workforce initiatives underway in the YLWD. Department managers led discussions in four categories: (1) Efficiencies, (2) Training and Micro Open Houses, (3) Speaker Series & Employee Events; and (4) Health and Wellness. Committee members have been working hard to develop workplace initiatives to make life better for our YLWD teammates — we will share these initiatives with the District at our next Town Hall in the OCT/NOV period. OPERATIONS On October 4 and 5, 2023, water production staff will be working with YLWD's assigned State Engineer to conduct the annual review and inspection of our water system and water system plans and records. John Brundahl, Production Superintendent, will take the lead to ensure we are in compliance and operating in good standing with the state. On Tuesday, September 19, 2023 water operations staff conducted a field training exercise where they set up one of our emergency portable water pumps at Eagles Nest Drive. This location will be used to support additional emergency pumping capacity while Timber Ridge Booster Station is under construction. All equipment and materials for this setup have been tested and staged at Fairmont Booster Station for a quick response if needed. Several operations staff attended the Orange County Water Association Water Expo on September 21, 2023 at Irvine Ranch Water District's Rattlesnake Reservoir. Training and contact hours were conducted at this event and staff participated in and took the lead in running the annual horseshoe competition per the request of the event planners. YLWD operations staff regularly help support the competitions at this event each year. ENGINEERING ■ The Mountain View Waterline Pipeline Project is substantially complete and in service. ■ The Hidden Hills Pressure Reducing Station Project is substantially complete and in service. ■ The BNSF Waterline Project at South Highland and Veterans Way is substantially complete and in service. ■ The Sewer System Cured -In -Place Liner Project was advertised for bid on September 12, 2023. ■ A contractor is scheduled to excavate pits on Imperial Highway from Bastanchury Road to Eureka Avenue in mid-October. The pits will be used to facilitate the installation of the Primus Line pipe liner through the existing Imperial Highway Waterline. During construction, one to two lanes of traffic will be impacted for approximately one week. ■ Engineering staff are planning to advertise a Multiple Award Task Order Contract (MATOC) for professional engineering services in mid-October. The MATOC will be used to support Engineering and Operations staff on capital improvement projects, maintenance, and other miscellaneous projects. Up to five firms may be selected for a period of five years. The not -to - exceed combined value of all agreements will be $5M. FINANCE Page 149 of 170 ■ The field portion of the annual external audit performed by Lance, Soll & Lunghard, LLP is complete. Staff received draft reports on September 20, 2023. The final Annual Comprehensive Financial Reports will be presented to the Board on November 2, 2023. ■ Manual Capital Finance Charge Invoices - 230 manual invoices totaling $425,632.32 were prepared for mailing on September 14, 2023. The manual invoice for the City of YL accounted for $169,140.72 of the total amount invoiced. Meter Size Count Amount 3/4" 54 4,374.00 1 " 278 69, 598.08 1 1/2" 258 37, 530.00 2" 714 307,933.92 3" 2 1,886.16 6" 1 4,310.16 TOTAL 1,307 $425,632.62 ■ Capital Finance Charges Submitted to County - The following is a summary of the charges submitted to the County on August 8, 2023 for collection: Meter Size Count Amount 5/8" 25 2,025.00 3/4" 5,529 447,849.00 1" 17,852 2,410,020.00 1 1/2" 349 94,164.24 2" 363 156,393.07 3" 5 4,715.40 4" 3 5091,48 TOTAL 24,126 $3,120,240.19 ■ The collection status of the Capital Finance Charge is as follows: Item FY 21-22 FY 22-23 FY 23-24 # CFC bills placed on PT 23,888 23,967 24,126 $ Value of CFC bills placed on PT $2,579,520 $2,855,981 $3,120,240 $ Collected through bills placed on PT $2,571,538 99.7% $2,841,697 99.5% $0 # CFC Invoices in Lieu of PT 444 273 230 $ Value of CFC Invoices $391,412 $372,528 $425,632 $ Collected CFC via Invoices $375,164 95.8% $349,527 93.8% $0 HUMAN RESOURCES ■ Staff attended the ACWA-JPIA Benefits Renewal webinar on September 20, 2023. This webinar included information to prepare for open enrollment as well as medical and dental plan updates. Medical, dental, and vision open enrollment will be from October 9 to October 26, 2023. ■ Staff is preparing for the Health and Benefits Fair on October 10, 2023 and Water Professionals Week. ■ Interviews for the following positions will be conducted soon: Senior Engineer, Plant Operation I/OIT, and Maintenance Worker I. INFORMATION TECHNOLOGY ■ Successfully migrated domain controllers to Server 2022 which mediates all access to the network. ■ Upgraded SCADA firewall and improved resiliency by implementing a redundant SCADA Page 150 of 170 firewall. As part of our commitment to maintaining cybersecurity, we implemented access and cybersecurity controls to help stop malicious emails. Completed 137 help desk tickets from September 1 through September 25, 2023. PUBLIC AFFAIRS Attached are the monthly reports from Townsend Public Affairs and CommLAB. An updated bill matrix is also included. ATTACHMENTS: 1. TPA Monthly Report 2. Legislative Bill Positions Matrix 3. CommLAB Monthly Report Page 151 of 170 T1IED TPA MEMORANDUM To: Yorba Linda Water District From: Townsend Public Affairs Date: September 11, 2023 Subject: State and Federal Legislative Monthly Report The first half of August was quiet on the state legislative front with the Legislature adjourned for Summer Recess. Despite the lack of legislative activity, the Summer Recess was a critical time for behind -the -scenes negotiations on bills and final budget activity as the Legislature geared up to tackle the last month of the legislative session. Upon resuming the legislative session on August 14, the Legislature had 1,231 measures to consider before adjourning for the Interim Recess on September 14. Below is an overview of state activity and updates from the month of August. State Legislature During the last two weeks of August, Assembly and Senate Appropriations Committees considered legislation that originated in the opposite house and has an unabsorbable fiscal impact to the state. Typically, any bill with a fiscal impact exceeding $150,000 is placed on the fiscal committee's Suspense File. Measures placed on the suspense file will face consideration during the Appropriation Committees' "suspense hearing" on September 1. These hearings feature the rapid reading of measures and their status. Bills passed out of the Suspense File are moved to each House Floor for a final vote. At this point, each house must pass bills off the Floor by the September 14 deadline. Constitutional Amendment on Local Tax Measure Update ACA 13 (Ward) passed the Assembly Floor on September 6, and the Senate Elections Committee on September 11 and will now be considered on the Senate Floor before the September 14 deadline. The measure requires an initiative constitutional amendment to comply with any increased voter approval threshold that it seeks to impose on future ballot measures. Additionally, the measure guarantees in the state constitution the ability of local governments to submit advisory questions to voters. This measure was introduced in response to the Taxpayer Protection and Government Accountability Act, which seeks to raise vote threshold requirements for the passage of state and local tax measures and imposes a stringent burden of proof standard that local governing bodies must meet when modifying or increasing all taxes and fees by justifying their use, need, and duration. The measure has qualified for the November 2024 ballot and is sponsored by the Pagel Page 152 of 170 California Business Roundtable and its affiliates. If effectively passed, it would make it extremely difficult for local governments to maintain existing tax revenues and modify them in the future. The Author and proponents of this measure have made it clear that they intend to qualify this proposed constitutional amendment for the March primary election in order for it to impact the required voter approval threshold for the Taxpayer Protection and Government Accountability Act. Senator Mike McGuire announced as Pro Tem Designee During the last week of August, Senate President pro Tempore Toni G. Atkins announced that the Senate Democratic Caucus convened and determined that Senator Mike McGuire will be the Pro Tem Designee, with a transition to be announced next year. Senator McGuire has been integral to several legislative victories, including the 2022 climate package and the infrastructure streamlining package negotiated alongside this year's state budget. It is anticipated that leadership changes as well as new Committee seats will be announced next year after the Pro Tem transition. Due to term limits, Senator McGuire is eligible to serve as Senate President pro Tempore in the California Senate until 2026. This change in leadership next year will likely be significant next year, as the Senate President pro Tempore installs committee chairs and chooses memberships of all standing committees. Policies are often shaped at the committee level based on the committee chairs. It is likely that several members will have new committee assignments and even new chair opportunities based on this anticipated change. Supreme Court Upholds California Voting Rights Act In late August, the California Supreme Court issued a significant decision on the California Voting Rights Act (CVRA), which could impact the way many local governments hope to continue their at -large elections systems. The case, Pico Neighborhood Assoc. v. City of Santa Monica, originated when the Pico Neighborhood Association filed suit alleging that the City of Santa Monica's system of at -large voting to elect its City Council discriminated against Latinos. The trial court agreed and ordered the City to switch to district -based voting. The Court of Appeal reversed and entered judgment for the City, holding that the City violated neither the California Voting Rights Act nor the Constitution. In this case, the City noted that the plaintiff offered no valid proof of dilution in order to prove that the City's at -large method impaired Latinos' ability to elect candidates of their choice or to influence the outcome of an election as a result of the dilution of Latino voting rights. Furthermore, the plaintiffs failed to prove that the City adopted or maintained its system for the purpose of discriminating against minorities. The appellate ruling essentially stated that even under the CVRA, a plaintiff would have torp ove that the city could draw districts where the minority group could elect a candidate of choice. This would likely be a default to the federal "majority -minority" construction under the Federal Voting Rights Act, not the more nebulous "ability to influence" standard under the CVRA. Ultimately, it appears that this decision strengthens the CVRA by having the court invalidate one of the biggest arguments against it - that the "ability to influence" standard was unenforceable. While there isn't a final decision in this particular case, this does create new case law which affirms the CVRA's main tenants and finds that the CVRA is constitutional as a tool in fighting dilution of the voting power of minority populations. Unlike the argument from the City of Santa Page 2 Page 153 of 170 Monica, agencies do not need to demonstrate they can draw majority -minority districts, like in the federal Voting Rights Act, but just need to demonstrate that a minority population's voting power is being diluted and that a combination of their increased density in a by -district system, along with other factors, can allow them to "influence" the outcome of an election better than the current at -large system. Clarification on Updates to Levine Act SB 1439 (Glazer, Statutes of 2022) went into effect earlier this year. The new law requires local elected officials to recuse themselves from votes and discussions involving anyone who has contributed more than $250 to their campaigns. The prohibition covers contributions made 12 months before and after the vote. A similar requirement already existed for officials appointed to local and state boards, but SB 1439 expanded California's Political Reform Act to include most elected officials as well. The Fair Political Practices Commission (FPPC) subsequently issued clarifying actions to prohibit the measure from applying retroactively before its enactment. In response to its passage, a coalition of special interest groups filed a lawsuit alleging the law is overly broad, improperly alters the state's Political Reform Act, and infringes on free speech protections related to the right to petition governments. The plaintiffs behind the lawsuit included the Family Business Association of California, California Restaurant Association, California Retailers Association, California Building Industry Association, California Business Properties Association, and the California Business Roundtable — all of which expressed their disappointment over the ruling. The Fair Political Practices Commission, the state agency tasked with implementing and enforcing the law, served as the defendant in the case and was represented by the California Attorney General's Office. FPPC Chair Richard Miadich said the Commission has continued to work on establishing regulations to fully implement the law, despite the lawsuit, and plans to adopt those new rules in Summer of 2023. New clarification for the law's application in local agency proceedings will go into effect on August 12, and include the following: • Individual Donations equal total donations: The regulations clarify that the threshold for recusal can be met through combining the aggregate donation amounts from one individual to an elected official during a calendar year. This means that five separate donations of $50 throughout the year would trigger the law's limitations. • Defining a "pending" proceeding item: The new clarifying regulations state that a "pending" proceeding includes an upcoming agenda item, or when a reasonably foreseeable decision will come before the official and the official knows or has reason to know the decision is within the jurisdiction of the agency. Threshold for willful contribution awareness: The regulations further clarify that a "willful contribution" means any contribution that an official willfully or knowingly receives and has actual knowledge that the contribution came from someone with a connection to a pending proceeding or if specified facts exist. A contribution included in a campaign report does not meet these criteria unless the Official has context of its origins and connections to an upcoming proceeding. Page 3 Page 154 of 170 • Timelines for Disclosure: If an elected official did not know about a contribution made in connection to a proceeding and finds out during the proceeding, the official must publicly disclose the contribution before further participation. The official may participate if the official discloses the disqualifying contribution on the record, confirms that the contribution will be returned within 30 days of when the official knew or should have known about the contribution, and the contribution is returned within that time. • Needing a Quorum: In cases where the Levine Act would disqualify all or most members of a local agency from participating in a decision involving eminent domain, the new regulations clarify that the members may participate under these particular circumstances. However, the regulations warn that an absence is not a trigger for legally required participation in most instances. Members of Congress spent the month of August enjoying the Congressional Recess in their Districts. Despite the lack of scheduled legislative activity, the month provided Congressional Leadership the opportunity to continue Fiscal Year 2024 Appropriations negotiations, given the fast approach of the September 30 budget deadline. Below is an overview of pertinent federal actions from the month of August. FY 24 Appropriations Update During the August Recess, leadership in both chambers commented on the number one task at hand when session resumes in September: passing a budget. As the September 30 deadline to pass a budget is rapidly approaching, the need for a Continuing Resolution (CR) is expected to buy more time for congressional negotiators to work out a compromise. On a Republican Caucus conference call over the August break, Speaker McCarthy stated that he expects a short-term stopgap funding measure to avoid a shut down. In the call Speaker McCarthy stated that he has already discussed with Majority Leader Schumer that any short-term stopgap could not run beyond early December. Some members of the Republican Caucus have voiced their opposition to a CR measure without being able to put their stamp on the measure, as the current budget was passed through a democratic majority congress. Senate Majority Leader Chuck Schumer indicated that he is supportive of passing a stop -gap spending bill in late September that lasts until early December, paving the way for a potential bipartisan agreement to avoid a government shutdown after September 30. Senate Majority Leader Schumer also endorsed the Biden Administration's request for an additional $12 billion for Hawaii, in the wake of historic wildfires on the island of Maui. Although, he didn't commit to putting those funds in the stopgap that has to pass by the end of September. Further complicating the dynamics of the budget process, is a provision included in the debt -limit deal enacted earlier this summer that will automatically cut all discretionary spending by 1% if Congress relies on a stopgap measure to fund any portion of the government beyond December 31. Page 4 Page 155 of 170 Senate Leadership Outlines Agenda for Fall 2024 As the August recess comes to a close, Senate Leader Chuck Schumer distributed a "Dear Colleagues" letter, which outlines the accomplishments thus far of the chamber, and previews the upcoming legislative achievements to be accomplished in the coming months. In the letter, Senate Leader Schumer reflected on the accomplishments of last summer's legislative session, which includes the Inflation Reduction Act (IRA). The IRA was passed to alleviate the costs of energy and healthcare for communities across the country. Senate Leader Schumer also stressed the importance of continued implementation of the large packages already passed including IRA, Bipartisan Infrastructure Law, and the CHIPS and Science Act, among others. Looking to immediately work on Senate priorities once session resumes in September, Senate Leader Schumer outlined the significance of averting a government shutdown. A government shutdown will be in effect if a budget agreement or a Continuing Resolution is not negotiated by September 30. Also on the Senate's priority agenda is a series of confirmation votes which includes several judicial appointments. Senate Leader Schumer revealed a significant bipartisan initiative for September, which will be focused on artificial intelligence (AI) and announced the first of several Al Insight Forums on September 13. The Al Insight Forums aim to broaden Member's understanding of Al by engaging experts from various fields related to Al technology. Senate Leader Schumer concluded the letter by emphasizing the urgency of crafting a comprehensive Al framework, given AI's rapid evolution. Additional items on Senate Leader Schumer's agenda for the remainder of the year include lowering drug costs, supporting cannabis banking, assisting Ukraine, disaster relief, and the National Defense Authorization Act. U.S. Environmental Protection Agency Releases Revised Waters of the United States Rule To comply with a U.S. Supreme Court ruling the EPA released a revised rule on August 29 governing federally protected waters and wetlands. The rule revises the Biden Administration's earlier Waters of the US, or WOTUS, definition finalized in January 2023, removing its legal basis, which was struck down by the Supreme Court in May in Sackett v. EPA. The January WOTUS rule expanded federal Clean Water Act protections over wetlands and waterways. But the Supreme Court in Sackett limited the waters that can be protected under the act, potentially allowing construction and pollution in vast swaths of wetlands across the country. The new post -Sackett rule revises the January definition to remove the "significant nexus" standard that was the basis of the earlier rule. It also says wetlands protected under the Clean Water Act must have a continuous surface connection to navigable waterways as required by the Sackett ruling. The significant nexus test allowed streams and wetlands adjacent to larger water bodies to be protected under the Clean Water Act. The new rule implements the court's opinion that the Clean Water Act protects only waters and wetlands that are relatively permanent and have a continuous Page 5 Page 156 of 170 surface connection to navigable waterways, such as the San Francisco Bay or Mississippi River. Sackett v. EPA effectively eliminated the federal government's role in regulating many wetlands nationwide, leaving wetlands that aren't directly connected to large rivers, streams, and coastlines either unregulated or regulated only by states. The EPA finalized the new WOTUS rule without issuing a draft for public comment. This was done under a rarely -used exception to the notice and comment requirement under the Administrative Procedure Act. Because the Sackett ruling gutted the existing WOTUS regulation, EPA felt it was urgent to put in place a new rule in line with the Supreme Court's ruling. This means the new rule is currently in effect. Page 6 Page 157 of 170 YLWD State Bills of Interest YLWD AUTHOR SUMMARY OTHER POSITION POSITIONS ... 0. AB 30 Ward [D] SIGNED INTO LAW The bill would require the Department of Water NYC ACWA - Sponsor Resources to research, develop, and implement new observations, CASA -NYC prediction models, novel forecasting methods, and tailored decision CSDA - Support support systems to improve predictions of atmospheric rivers and their MWD - NYC impacts on water supply, flooding, post -wildfire debris flows, and MWDOC - Watch environmental conditions. OCWD - Support OC San - NYC AB 62 Mathis [R] TWO YEAR BILL - Establishes a statewide goal to increase above- and Support if ACWA - Favor below -ground water storage capacity by a total of 3.7 million acre-feet Amended CASA -NYC (MAF) by the year 2030 and a total of 4.0 MAF by the year 2040. CSDA - Watch Requires the State Water Resources Control Board (State Water Board) MWD - NYC and the Department of Water Resources (DWR) to design and MWDOC - Watch implement measures through a variety of diversion, storage, and OCWD - NYC conveyance techniques to achieve the statewide goal. OC San - NYC AB 234 Bauer -Kahan [D] TWO YEAR BILL - Would prohibit a synthetic polymer microparticle from Support ACWA-NYC being placed on the market in this state as a substance on its own or, CASA - Support In where the synthetic polymer microparticles are present to confer a Concept sought-after characteristic, in mixtures in a concentration equal to or CSDA - Watch greater than 0.01 % by weight. MWD - NYC MWDOC - NYC OCWD - NYC OC San - Support AB 246 Papan [D] PASSED - CONCURRENCE Prohibits, commencing January 1, 2025, a Support ACWA - NYC person from manufacturing, distributing, selling, or offering for sale in the CASA - Support state any menstrual products that contain regulated PFAS. Provides that, CSDA - Watch upon an action brought by the Attorney General, a city attorney, a county MWD - NYC counsel, or a district attorney, a person or entity that violates the PFAS MWDOC - NYC restrictions of this bill shall be liable for a civil penalty not to exceed five OCWD - NYC thousand dollars ($5,000) for a first violation, and not to exceed ten OC San - Support thousand dollars ($10,000) for each subsequent violation Page 158 of 170 YLWD State Bills of Interest Page 159 of 170 AB 334 Rubio [D] ON THE GOVERNOR'S DESK This bill would establish that an NYC ACWA - Favor independent contractor, who meets specified requirements, is not an CASA - Support officer for purposes of being subject to the prohibition on being financially CSDA - Support interested in a contract. The bill would authorize a public agency to enter MWD - NYC into a contract with an independent contractor who is an officer for a later MWDOC - NYC phase of the same project if the independent contractor did not OCWD-NYC participate in the making of the subsequent contract and specified OC San - Support requirements are met. AB 460 Bauer -Kahan [D] TWO YEAR BILL Grants the State Water Resources Control Board NYC ACWA - Oppose (State Water Board) authority to issue an interim relief order to enforce CASA - Work with the reasonable use doctrine, public trust doctrine, water rights, and other Author provisions of water law. Increases penalties for specified violations from CSDA - Watch $500 per day to $10,000 per day and $2,500 per acre-foot (AF) of water MWD - NYC illegally diverted. Authorizes the State Water Board to commence an MWDOC - Oppose interim relief proceeding on its own motion or upon the petition of an OCWD - Oppose interested party. OC San - NYC AB 557 Hart [D] PASSED - CONCURRENCE This bill would extend abbreviated NYC ACWA - Favor teleconferencing provisions when a declared state of emergency is in CASA - Support effect, or in other situations related to public health, as specified, CSDA - Sponsor indefinitely. The bill would also extend the period for a legislative body to MWD - NYC make the above-described findings related to a continuing state of MWDOC - Support emergency and social distancing to not later than 45 days after the first OCWD - Support teleconferenced meeting, and every 45 days thereafter, in order to OC San - NYC continue to meet under the abbreviated teleconferencing procedures. AB 727 Weber [D] Prohibits, commencing January 1, 2025, a person or entity from NYC ACWA - NYC manufacturing or selling a cleaning product containing PFAS. Prohibits, CASA - Sponsor commencing January 1, 2025, a person or entity from manufacturing, CSDA - Watch selling, delivering, distributing, holding, or offering for sale in commerce MWD - NYC in this state a cleaning product containing any of the following: MWDOC - NYC a) Intentionally added PFAS; or, OCWD-NYC b) PFAS in a product or product component at or above the following OC San - Support thresholds: i) Commencing January 1, 2025, 50 parts per million. ii) Commencing January 1, 2027, 25 parts per million. Page 159 of 170 YLWD State Bills of Interest Page 160 of 170 AB 755 Papan [D] Current law authorizes a public entity that supplies water at retail or Oppose ACWA - Watch wholesale within its service area to adopt, in accordance with specified CASA - NYC procedures, and enforce a water conservation program. This bill would CSDA - Watch require a public entity, as defined, to conduct a water usage demand MWD - NYC analysis, as defined, prior to completing, or as part of, a cost -of -service MWDOC - Oppose analysis conducted to set fees and charges for water service that are OCWD - NYC consistent with applicable law. The bill would require a public entity to OC San - NYC identify, within the water usage demand analysis, the costs of water service for the highest users, as defined, incurred by the public entity, and the average annual volume of water delivered to high water users. AB 838 Connolly [D] TWO YEAR BILL - Requires, beginning January 1, 2025, and thereafter Oppose ACWA - Oppose at intervals determined by the State Water Resources Control Board CASA - NYC (State Water Board), a public water system to provide to the State Water CSDA - Watch Board specified information and data related to the average water bill MWD - NYC paid by customers and the public water system's completed and planned MWDOC - Watch efforts to replace aging infrastructure. OCWD - NYC OC San - NYC AB 1337 Wick [D] TWO YEAR BILL Authorizes the State Water Resources Control Board NYC ACWA - Oppose to adopt regulations to ensure water is used in the public's interest and to CASA - Oppose implement regulations through orders curtailing water use under any CSDA - Neutral claim of right, even those prior to 1914. MWD - NYC MWDOC - Oppose OCWD - Oppose OC San - NYC AB 1423 Schiavo [D] Would prohibit, except as provided and commencing January 1, 2026, a NYC ACWA - NYC public entity, including a charter city, charter county, city, or county, any CASA - Watch public or private school serving pupils in kindergarten or any of grades 1 CSDA - Watch to 12, inclusive, a public institution of higher education, other than the MWD - NYC University of California, or a private institution of higher education from MWDOC - NYC purchasing or installing a covered surface containing regulated PFAS, as OCWD - NYC defined. OC San - NYC Page 160 of 170 YLWD State Bills of Interest BILL AUTHOR AB 1567 Garcia [D] Would enact the Safe Drinking Water, Wildfire Prevention, Drought NYC ACWA - Support If Preparation, Flood Protection, Extreme Heat Mitigation, Clean Energy, Amended and Workforce Development Bond Act of 2024, which, if approved by the CASA - Support if voters, would authorize the issuance of bonds in the amount of Amended $15,995,000,000 pursuant to the State General Obligation Bond Law to CSDA - Watch finance projects for safe drinking water, wildfire prevention, drought MWD - NYC preparation, flood protection, extreme heat mitigation, clean energy, and MWDOC - Watch workforce development programs. OCWD - NYC OC San - NYC AB 1572 Friedman [D] Would make legislative findings and declarations concerning water use, NYC ACWA - including that the use of potable water to irrigate nonfunctional turf is Watch/Amend wasteful and incompatible with state policy relating to climate change, CASA - NYC water conservation, and reduced reliance on the Sacramento -San CSDA - Oppose Joaquin Delta ecosystem. The bill would direct all appropriate state Unless Amended agencies to encourage and support the elimination of irrigation of MWD - NYC nonfunctional turf with potable water. MWDOC - Oppose Unless Amended OCWD - NYC OC San - NYC AB 1594 Garcia [D] This bill would require any state regulation that seeks to require, or Support ACWA - Favor otherwise compel, the procurement of medium- and heavy-duty zero- CASA - Support emission vehicles to authorize public agency utilities to purchase CSDA - Support replacements for traditional utility -specialized vehicles that are at the end MWD - NYC of life when needed to maintain reliable service and respond to major MWDOC - Support foreseeable events, including severe weather, wildfires, natural disasters, OCWD - Support and physical attacks, as specified. The bill would define a public agency OC San - Support utility to include a local publicly owned electric utility, a community water system, a water district, and a wastewater treatment provider, as specified. AB 1628 McKinnor [D] Would require, on and after January 1, 2029, that all new washing NYC ACWA - Watch machines sold or offered for sale in California for residential or state use CASA - Support contain a microfiber filtration system, as defined, with a mesh size not CSDA - Watch greater than 100 micrometers, and bear a label with a specified MWD - NYC consumer notice, as provided. The bill would provide that a violation of MWDOC - NYC these provisions is punishable by a specified civil penalty, upon an action OCWD - NYC brought by the Attorney General, a city attorney, a county counsel, or a OC San - NYC district attorney. Page 161 of 170 YLWD State Bills of Interest BILL AUTHOR AB 1637 Irwin [D] Would, no later than January 1, 2029, require a local agency, as defined, Oppose ACWA - Watch that maintains an internet website for use by the public to ensure that the CASA - NYC internet website utilizes a ".gov" top-level domain or a ".ca.gov" second- CSDA - Oppose level domain and would require a local agency that maintains an internet Unless Amended website that is noncompliant with that requirement to redirect that MWD - NYC internet website to a domain name that does utilize a ".gov" or ".ca.gov" MWDOC - Watch domain. This bill, no later than January 1, 2029, would also require a OCWD - NYC local agency that maintains public email addresses to ensure that each OC San - NYC email address provided to its employees utilizes a ".gov" domain name or a ".ca.gov" domain name. By adding to the duties of local officials, the bill would impose a state -mandated local program. SB 3 Dodd [D] PASSED - CONCURRENCE Current law establishes the Safe Drinking Oppose ACWA - Watch Water Account to be available to the State Water Resources Control CASA - NYC Board, upon appropriation by the Legislature, for the purpose of CSDA - Watch providing funds necessary to administer the California Safe Drinking MWD - NYC Water Act. This bill would expand the use of available funds in the MWDOC-NYC account to be used by the state board, upon appropriation by the OCWD - NYC Legislature, to include the administration of the Water Shutoff Protection OC San - NYC Act. This bill eliminates the exemption for water systems that serve less than 200 service connections (but at least 15 service connections) from statutes and policies related to the water service shutoffs due to nonpayment. SB 23 Caballero [D] TWO YEAR BILL - This bill requires CDFW and the Water Boards, for Support ACWA - Sponsor water supply projects and flood risk reduction projects, to issue a final CASA - NYC LSAA or take final action on water quality certifications issued pursuant CSDA - Support to either Porter -Cologne or under the federal CWA, as applicable, within MWD - NYC specific timeframes. MWDOC - Support OCWD - Support OC San - NYC Page 162 of 170 YLWD State Bills of Interest Page 163 of 170 71 SB 366 Caballero [D] ...................... TWO YEAR BILL - The bill would require the department, in coordination Support ACWA - Support with the California Water Commission, the State Water Resources CASA - Support if Control Board, other state and federal agencies as appropriate, and the Amended stakeholder advisory committee to develop a comprehensive plan for CSDA - Support addressing the state's water needs and meeting specified water supply MWD - NYC targets established by the bill for purposes of "The California Water MWDOC - Support Plan." This bill revises and recasts the California Water Plan (Water OCWD - Watch Plan) and requires the Water Plan, commencing with the 2028 update, to OC San - NYC be a comprehensive plan for addressing the state's water needs and meeting water specified long-term supply targets. SB 470 Alvarado -Gil [D] PASSED - CONCURRENCE Would establish in the Department of NYC ACWA - Favor Water Resources the Urban Water Community Drought Relief program CASA - NYC and the Small Community Drought Relief program to provide grants for CSDA - Support similar interim or immediate drought relief. These programs, upon a MWD - NYC specified appropriation, would authorize funding for benefits in addition to MWDOC - NYC drought relief, including, among other projects, projects that reduce the OCWD - NYC risk of wildfire for entire neighborhoods and communities through water OC San - NYC delivery system improvements for fire suppression purposes in high fire hazard severity zone communities or very high fire hazard severity zone communities, as designated by the State Fire Marshal or by a local agency. SB 867 Allen [D] This bill enacts the Drought, Flood, and Water Resilience, Wildfire, and NYC ACWA - Support If Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Amended Biodiversity, and Nature -Based Climate Solutions, Climate Smart CASA - Support if Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Amended Act of 2024, which authorizes a $15.5 billion bond to be placed before CSDA - Watch voters at an unspecified future election. MWD - NYC MWDOC - Watch OCWD - NYC OC San - NYC Proposed Page 163 of 170 YLWD State Bills of Interest Page 164 of 170 L ACWA - NYC HR 188 McClintock [R] The Proven Forest Management Act provides a 10,000 acre categorical Support exclusion for the purpose of managing wildfire risk throughout the CASA -NYC National Forest System and lands managed by the Bureau of Land CSDA - NYC Management. MWD - NYC MWDOC - NYC OCWD - NYC OC San - NYC Page 164 of 170 YLWD State Bills of Interest Page 165 of 170 .......... 71 HR 215 Valadao [R] The WATER for California Act addresses the operation of the Central Support ACWA - Watch Valley Project (CVP), a federal water project in California owned and CASA - NYC operated by the Bureau of Reclamation, and the California State Water CSDA - NYC Project (SWP), which is operated jointly with the CVP. MWD - NYC MWDOC - NYC Specifically, the bill requires that Reclamation operate the CVP and SWP OCWD - NYC pursuant to a specified alternative to a proposed action in a final OC San - NYC environmental impact statement and 2019 agency published Biological Opinions (BiOps). The bill also requires Reclamation and the Department of Commerce to submit a justification to Congress that meets certain requirements prior to requesting or completing a reinitiation of consultation that will result in new BiOps. This bill also requires Reclamation to allocate water to existing agricultural water service contractors within the CVP's Sacramento River Watershed based on the water year type (e.g., dry, wet). These allocations must not affect the United States' ability or obligations to deliver water under other designated contracts. Further, the bill repeals certain eligibility requirements for water infrastructure construction funding under the Infrastructure Investment and Jobs Act to make the Shasta Dam and Reservoir Enlargement Project in California eligible for funding. The bill also requires that Reclamation funds made available but not used for this project in previous appropriations years be made available to the project. Finally, the bill reauthorizes Reclamation's support for the construction or expansion of water storage projects. HR 872 Calvert [R] The FISH Act gives the Fish and Wildlife Service (FWS) the sole Support ACWA - Watch authority to protect endangered or threatened species that are CASA - NYC anadromous species (species of fish that spawn in fresh or estuarine CSDA - NYC waters and that migrate to ocean waters) or catadromous species MWD - NYC (species of fish that spawn in ocean waters and migrate to fresh or MWDOC - NYC estuarine waters). Currently, the FWS shares this authority with the OCWD - NYC National Marine Fisheries Service. OC San - NYC Page 165 of 170 YLWD State Bills of Interest Page 166 of 170 YLWD OTHER ME AUTHOR SUMMARY = mm 0 L POSITION L POSITIONS S1427 Lummis [R] The Agriculture PFAS Liability Protection Act establishes and exemption Support ACWA - NYC from liability under CERCLA for farmers and agricultural enterprises. CASA - NYC CSDA - NYC MWD - NYC MWDOC - NYC OCWD - NYC OC San - NYC S1429 Lummis [R] The Resource Management PFAS Liability Protection Act establishes Support ACWA - NYC and exemption from liability under CERCLA for waste management CASA -NYC entities. CSDA - NYC MWD - NYC MWDOC - NYC OCWD - NYC OC San - NYC S1430 Lummis [R] The Water Systems PFAS Liability Protection Act establishes and Support ACWA - NYC exemption from liability under CERCLA for water agencies. CASA - NYC CSDA - NYC MWD - NYC MWDOC - NYC OCWD - NYC OC San - NYC S1432 Lummis [R] The Fire Suppression PFAS Liability Protection Act establishes and Support ACWA - NYC exemption from liability under CERCLA for fire suppression entities. CASA - NYC CSDA - NYC MWD - NYC MWDOC - NYC OCWD - NYC OC San - NYC S1433 Lummis [R] The Airports PFAS Liability Protection Act establishes and exemption Support ACWA - NYC from liability under CERCLA for airports. CASA - NYC CSDA - NYC MWD - NYC MWDOC - NYC OCWD - NYC OC San - NYC Page 166 of 170 YLWD State Bills of Interest Legend: NYC - Not Yet Considered ACWA - Association of California Water Agencies CASA - California Association of Sanitation Agencies CSDA - California Special Districts Association MWD - Metropolitan Water District MWDOC - Municipal Water District of Orange County OCWD - Orange County Water District OC San - Orange County Sanitation District Page 167 of 170 .v Communications AB discover your voice September Activity Report TO: Joanna Gonzalez, Public Information Officer, Yorba Linda Water District FROM: Diego Teran, Sr. Account Manager, Communications LAB DATE: Sept. 11, 2023 RE: Current communications projects Below are highlights of current Communications Lab projects for Yorba Linda Water District: Social Media • On Sept. 7, the agency sent Joanna Gonzalez a new social media calendar. The Agency's Social Media team has been working closely with Joanna to include new content ideas and finalize edits. • On Sept. 5, with regard to Protect Your Groundwater Day, the agency produced a reel featuring Joanna Gonzalez explaining the importance of water well maintenance and clean groundwater. • During the remainder of Sept., the agency will schedule visits to the client's headquarters to take pictures of department staff and to film video reels. This material will be used in various social media posts for Oct. • The agency provided photography taken on the day of the Wells Fargo Heli -Hydrant tour for all the client's social media. Same-day event posts presented a group photo and a heli -hydrant action shot in a carrousel fashion. Video Production On Aug. 29, the agency provided a video of the Wells Fargo Heli -Hydrant Tour. The video included drone shots of the transportation logistics and surrounding area, event ceremony and heli -hydrant in action. Special Events • Agency personnel supported the Wells Fargo Heli -Hydrant Tour on Aug. 22 event with ACC -OC with photography and video, as well as a table and other logistics elements. • Agency is preparing to assist in organization of Open House event on date still to be determined. Tentatively, event will include Journey of Water tours and other activities. Agency will modify collateral materials it designed for last year's fall event. 701 e chapman ave. orange, ca 92866 www.communicationsiab.com Page 168 of 170 ITEM NO. 15.1. Yorba Linda Water District AGENDA REPORT MEETING DATE: October 5, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Meetings from October 6 - November 30, 2023 Event Date Time Attendance By WACO Fri, Oct 6 7:30 AM MWDSC Board Tue, Oct 10 12:00 PM PYLUSD Board Tue, Oct 10 6:00 PM Barbre OC LAFCO Commission Wed, Oct 11 8:15 AM YL Planning Commission Wed, Oct 11 6:30 PM Hawkins (As Needed) OC Water Summit Fri, Oct 13 7:30 AM Lindsey/Miller SAWPA Commission Tue, Oct 17 9:30 AM CalMutuals Board Tue, Oct 17 2:00 PM Barbre YL City Council Tue, Oct 17 6:30 PM DesRoches Brea City Council Tue, Oct 17 7:00 PM Barbre Placentia City Council Tue, Oct 17 7:00 PM Hawkins MWDOC Board Wed, Oct 18 8:30 AM Miller OCWA Meeting Wed, Oct 18 12:30 PM OCWD Board Wed, Oct 18 5:30 PM DesRoches YL State of the City Wed, Oct 18 5:30 PM Barbre/DesRoches/Lindsey/Miller Board of Directors Regular Meeting Thu, Oct 19 3:00 PM MWDOC/OCWD Planning Committee Wed, Oct 25 8:30 AM Miller/DesRoches OCSan Board Wed, Oct 25 6:00 PM Hawkins YL Planning Commission Wed, Oct 25 6:30 PM Hawkins (As Needed) MWDOC Board Wed, Nov 1 8:30 AM Miller OCWD Board Wed, Nov 1 5:30 PM DesRoches Financial Review Group Thu, Nov 2 2:00 PM Lindsey/DesRoches Board of Directors Regular Meeting Thu, Nov 2 3:00 PM WACO Fri, Nov 3 7:30 AM SAWPA Commission Tue, Nov 7 9:30 AM YL City Council Tue, Nov 7 6:30 PM Lindsey Placentia City Council Tue, Nov 7 7:00 PM DesRoches Brea City Council Tue, Nov 7 7:00 PM Barbre OC LAFCO Commission Wed, Nov 8 8:15 AM YL Planning Commission Wed, Nov 8 6:30 PM Hawkins (As Needed) MWDSC Board Tue, Nov 14 12:00 PM Page 169 of 170 PYLUSD Board Tue, Nov 14 6:00 PM Barbre MWDOC Board Wed, Nov 15 8:30 AM Miller OCWA Meeting Wed, Nov 15 12:30 PM OCWD Board Wed, Nov 15 5:30 PM DesRoches Board of Directors Regular Meeting Thu, Nov 16 3:00 PM SAWPA Commission Tue, Nov 21 9:30 AM CalMutuals Board Tue, Nov 21 2:00 PM Barbre YL City Council Tue, Nov 21 6:30 PM Hawkins Placentia City Council Tue, Nov 21 7:00 PM Lindsey Brea City Council Tue, Nov 21 7:00 PM DesRoches OCSan Board Wed, Nov 22 6:00 PM Hawkins YL Planning Commission Wed, Nov 22 6:30 PM Hawkins (As Needed) District Offices Closed Thu, Nov 23 7:00 AM ACWA-JPIA Fall Conference Mon, Nov 27 8:00 AM Miller ACWA Committee Meetings Tue, Nov 28 8:00 AM Miller ACWA Fall Conference Wed, Nov 29 8:00 AM ACWA Fall Conference Thu, Nov 30 8:00 AM Page 170 of 170 BACKUP MATERIALS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING ITEM NO. 11.4. October 4, 2023 Sent via email: mtoy@ylwd.com cc: directorbarbre@ylwd.com tdesroches@ylwd.com tlindsey@ylwd.com phawkins@ylwd.com jwmiller@ylwd.com Hand Delivered — Board of Directors Meeting on October 5, 2023: Mr. Mark Toy General Manager Yorba Linda Water District 1717 E. Miraloma Avenue Placentia, CA 92870 Re: Community Input on Yorba Linda Water District's Highland Reservoir Facility Dear Mr. Toy, As you know, we are customers of the Yorba Linda Water District (District(s), and our properties are adjacent to and north of the District's Highland Reservoir Facility. Let us begin by thanking you, your staff, and the Board of Directors for including us in your decision-making process regarding the Highland Reservoir Facility. The reason we are writing is that we believe the issues addressed in your letter are misguiding and contrary to the Board of Directors individual impressions as stated in the "Draft" Minutes of August 3, 2023. We understand that the minutes are in "draft form" and have yet to be approved by the Board of Directors, nevertheless we believe the minutes as written capture the true intent of the discussions in the Board meeting that we attended. We're not sure how many letters were mailed nor are we sure who they were mailed to. Our concern is if those residents did not attend the Board meetings as we have, they could form an opinion that the issues as written in the letter were still on the table. Please allow us to explain our concerns in greater detail. "Some of the issues on which YLWD seeks your input are as follows:" 1. Proposed City of Yorba Linda horse trail that would run along the north side of the existing unpaved roadway. The minutes of August 3, 2023, state that the Board members agreed to defer consideration of granting an easement to the city of Yorba Linda as the proposed horse trail project is currently unfunded, and there are no approved plans by the District and the City Council of Yorba Linda. SUBMITTED BY: Nick Diaz MEETING DATE: October 5, 2023 ITEM NO. 11.4. By implying in the letter to the surrounding neighbors that the "horse trail" is planned for the north side of the existing unpaved roadway is totally premature. We believe that if a multi trail system were ever considered and constructed it seems logical to construct it elsewhere and not on the north side of the existing unpaved roadway. The letter insinuates that the proposed alignment is set is concrete. We respectfully disagree. 2. YLWD's plans to secure its reservoir and the water facilities it owns by keeping the existing unpaved roadway closed to through traffic. The issue (no. 2) indicates that the reservoir and its facilities are not secure unless the existing unpaved roadway is closed to through traffic. According to a staff member when asked at a Board meeting if the Highland facilities were already secure, his response was yes. Could you possibly clarify your comment. We agree that the district plans to continue to secure its reservoir and the water facilities it owns by keeping the existing access road closed to through traffic. We would like, however, to have the district consider allowing the 3 properties the ability to have "temporary" ingress/egress to the Highland Avenue/Mountain Avenue public road should an unforeseen emergency occur i.e. water main break washing out the existing access road, a tree falls onto the access road blocking access and delaying emergency vehicles from accessing our properties. 3. Improving (paving) the roadway and/or opening the road to through traffic. We believe after hearing the comments from the Board Members, we believe that the district is desirous of keeping that stretch of Highland Avenue access road as natural as possible. As stated at the August 3, 2023 Board meeting, we are against the installation of a secondary fence. We are, however, in favor of improving the current road while preserving the existing natural landscape, and open to sharing cost for ongoing maintenance. 4. A neighboring property owner's request to use the road to gain approvals for additional development on that property. We are not sure what neighboring property owners request to use the road to gain approvals for additional development. To our knowledge there are only three possible parcels of land that could be developed in this immediate area. They are: The vacant 7 acre +- parcel to the northwest will more than likely gain ingress and egress access to Eureka Avenue for their development. In talking to the City of Yorba Linda staff, no one has submitted any request to develop the property currently. The vacant 2 -3 -acre site to the northwest already has legal ingress and egress access to Highland Avenue to the south and therefore does not need to use that portion of the road owned by the district. SUBMITTED BY: Nick Diaz MEETING DATE: October 5, 2023 ITEM NO. 11.4. • If your letter refers to the legally subdivided lot (the lot where the soccer field is) there are currently no plans to build a single-family dwelling on that lot. If, however, someone decides in the future to build a home on the lot, that parcel of land already has a legal ingress and egress to Highland Avenue to the south. The property does not need to access that portion of the road owned by the district. Unless there is a property, we are not aware of, the letter insinuates to the recipients of the mailed letters that a neighboring property owner's request to use the road to gain approvals for additional development on that property is totally untrue. 5. Any other comments or concerns that you may have. We cannot thank the staff and the Board of Directors enough for giving us the opportunity to share our feelings, our thoughts and in allowing us to provide our comments. We are committed to and want to be good neighbors. We are not trying to be argumentative but want to work with the district to ensure that our properties continue to be surrounded by beauty and the nature it has historically offered. We consider our area — a great example of the "Land of Gracious Living". We look forward to future meetings with District staff to address these and any other issues or concerns that may arise. We are 100% committed to and look forward to working with the district. Sincerely, Nick Diaz SUBMITTED BY: Nick Diaz MEETING DATE: October 5, 2023 September 7, 2023 ((Name)) ((Address>) (tCity)f ((State)) ((Zip)) Re: Community Input on Yorba Linda Water District's Highland Reservoir Facility Dear Neighbor, As you know, the Yorba Linda Water District (YLWD) operates the Highland Reservoir located at 5252 '/2 Highland Avenue, and related water facilities in your neighborhood. YLWD owns most of the existing unpaved roadway and has easement rights across portions of the south end of the roadway. As you may be aware, YLWD had considered adding additional fencing to the site to improve security. Based on community input and a more thorough review of the facility, the YLWD Board of Directors has decided that additional fencing will NOT be installed. At this time, YLWD staff would like to offer you the opportunity to provide input on the future of the reservoir facility and roadway, its impacts on your home and neighborhood, and share any additional thoughts or concerns you have regarding YLWD's reservoir facility. Some of the issues on which YLWD seeks your input are as follows: 1, Proposed City of Yorba Linda horse trail that would run along the north side of the existing unpaved roadway. 2. YLWD's plans to secure its reservoir and the water facilities it owns by keeping the existing unpaved roadway closed to through traffic. 3. A neighboring property owner's request to use the road to gain approvals for additional development on that property. 4. Improving (paving) the roadway and/or opening the road to through traffic. 5. Any other comments or concerns that you may have. Your input and feedback are important to us. We encourage you to participate and share your input on the plans of the Highland Reservoir site by scheduling an individual SUBMITTED BY: Nickb9b9109 Yorba Linda, GA 92885 714-701-3000 www.ylwd.com 1 MEETING DATE: October 5, 1023 Pace 144 of 170 ITEM NO. 11.4. 2023 -XXX staff obtain additional details regarding this matter including available options and recommendations for consideration of Mr. Sanchez's request at the regular meeting on September 7, 2023. 6. INTRODUCTIONS AND PRESENTATIONS 6.1. Recognition of Employee of the Quarter General Manager Toy announced that Nick Hollon, Senior Maintenance Worker, had been awarded Employee of the Quarter ending June 30, 2023. Mr. Toy noted that Mr. Hollon was not available to be recognized in person and highlighted Mr. Hollon's specific accomplishments considered during the nomination process for which he reviewed for the Board. 6.2. Introduction of Newly Hired Public Affairs Officer General Manager Toy introduced Joanna Gonzalez, newly hired Public Affairs Officer, who provided a brief overview of her professional experience. 8. DISCUSSION ITEMS Yl - 8.1. Proposed Equestrian Easement at Highland Reservoir Each of the Directors shared their individual impressions from the recent site visit. Discussion touched on the need for maintaining security of District facilities, deferring consideration of granting an easement to the City of Yorba Linda as the proposed horse trail project is currently unfunded, soliciting and addressing resident concerns, the proposed installation of a secondary security fence, entering into a joint agreement with the residents to share costs for ongoing maintenance of the access road, preservation of the existing natural landscape, and District liability concerns. Manual Roman, resident, spoke against the installation of a secondary fence and against the height of the proposed horse trail due to privacy concerns. Nick Diaz, resident, spoke against the installation of a secondary fence and in favor of sharing the cost for ongoing maintenance of the access road and preserving the existing landscape. The Board requested staff prepare an agenda item for the September 7, 2023 regular meeting to consider the proposed installation of a secondary security fence at the site and entering into a cost-sharing agreement with nearby residents for ongoing maintenance of the access road. Minutes of the YLWD Board of Directors Regular SUBMITTED BY: Nick Diaz MEETING DATE: October 5, 2023 Held August 3. 2023 at 3:00 p.m. Paae 7 of 170