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HomeMy WebLinkAbout2015-06-11 - Board of Directors Meeting Agenda Packet AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, June 11, 2015, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Ric Collett, President Michael J. Beverage, Vice President Phil Hawkins Robert R. Kiley Gary T. Melton 4. ADDITIONS/DELETIONS TO THE AGENDA 5. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board 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 matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to three minutes. 6. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 6.1. Minutes of the Board of Directors Regular Meeting held April 9, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Minutes of the Board of Directors Special Meeting held April 14, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 6.3. Minutes of the Board of Directors Regular Meeting held April 23, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 6.4. Minutes of the Board of Directors Special Meeting held April 30, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 6.5. Minutes of the Board of Directors Regular Meeting held May 11, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 6.6. Minutes of the Board of Directors Special Meeting held May 18, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 6.7. Minutes of the Board of Directors Workshop Meeting held May 21, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 6.8. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $403,787.19. 7. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 7.1. Mitigated Negative Declaration for the Well 21 Equipping and Richfield Road Pipeline Projects Recommendation: That the Board of Directors adopt the Mitigation and Monitoring Program; find and declare that the proposed Project, with incorporation of the mitigation measures per the Mitigation and Monitoring Program, will not have a significant adverse effect on the environment of the YLWD service area; and authorize staff to file a Notice of Determination for the Project. 7.2. Adopting a Patient Protection and Affordable Care Act Policy Recommendation: That the Board of Directors adopt Resolution No. 15-10 Adopting a Patient Protection and Affordable Care Act Policy. 7.3. Proposed Budgeted Positions for FY 2015/2016 Recommendation: That the Board of Directors adopt Resolution No. 15-11 Approving the Budgeted Positions for Fiscal Year 2015/2016 and Rescinding Resolution No. 14-13. 7.4. Appropriations Limit for FY 2015/16 Recommendation: That the Board of Directors adopt Resolution No. 15-12 Adopting the Appropriations Limit for Fiscal Year 2015/16. 7.5. Adopting a Public Investment Policy Recommendation: That the Board of Directors adopt Resolution No. 15-13 Setting Forth a Public Funds Investment Policy and Rescinding Resolution No. 14-05. 7.6. Financial Reserves Policy for FY 2015/2016 Recommendation: That the Board of Directors adopt Resolution No. 15-14 Adopting the Financial Reserves Policy for Fiscal Year 2015/2016 and Rescinding Resolution No. 14-06. 8. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. 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. 8.1. Draft FY 2015/2016 Operating Budget 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report 9.2. Directors' Reports · Drought Tolerant Landscaping Workshop - June 3, 2015 · Save Water Expo - June 6, 2015 · AWWA ACE15 Conference - June 7-10, 2015 9.3. General Manager's Report 9.4. General Counsel's Report 9.5. Future Agenda Items and Staff Tasks 10. COMMITTEE REPORTS 10.1. Interagency Committee with MWDOC and OCWD (Collett/Melton) · Minutes of the meeting held May 26, 2015 at 4:00 p.m. · Next meeting is scheduled July 28, 2015 at 4:00 p.m. 10.2. Joint Agency Committee with City of Placentia (Melton/Kiley) · Next meeting is scheduled June 16, 2015 at 9:00 a.m. and will be held at Placentia City Hall. 10.3. Joint Agency Committee with City of Yorba Linda (Collett/Beverage) · Minutes of the meeting held May 19, 2015 at 10:00 a.m. (To be provided at the next regular Board meeting.) · Next meeting is scheduled June 23, 2015 at 10:00 a.m. and will be held at Yorba Linda City Hall. 10.4. Citizens Advisory Committee (Collett) · Next meeting is scheduled June 22, 2015 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL LMCAC - May 28, 2015 (Beverage - As Needed) 11.2. MWDOC Board - June 3, 2015 (Melton) 11.3. OCSD Operations Committee - June 3, 2015 (Kiley/Beverage) 11.4. OCWD Board - June 3, 2015 (_____) 11.5. YL City Council - June 4, 2015 (Beverage) 11.6. WACO - June 5, 2015 (Hawkins/Kiley) 11.7. YL Planning Commission - June 10, 2015 (Melton) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from June 12, 2015 - July 31, 2015 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS This section of the agenda is for the Board of Directors to authorize Director attendance at the listed events. 13.1. Save Water Expo - June 6, 2015 CASA Annual Conference - August 19-21, 2015 UWI Annual Conference - August 26-28, 2015 Recommendation: That the Board of Directors authorize and/or ratify Director attendance at these events if desired. 14. 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. 14.1. Conference with Legal Counsel – Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Successor Agency to the Yorba Linda Redevelopment Agency vs. State of California, et al. (Sacramento County Superior Court - Case No. 34-2015-80002091) 15. ADJOURNMENT 15.1. A Board of Directors Workshop Meeting has been scheduled for Thursday, June 18, 2015 at 1:00 p.m. The next Regular Board of Directors Meeting will be held Thursday, June 25, 2015 at 8:30 a.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District’s business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District’s internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 6.1 AGENDA REPORT Meeting Date: June 11, 2015 Subject:Minutes of the Board of Directors Regular Meeting held April 9, 2015 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2015-04-09_-_BOD_-_Minutes.doc Minutes Minutes Approved by the Board of Directors of the Yorba Linda Water District 6/11/2015 MB/PH 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, April 9, 2015, 8:00 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The April 9, 2015 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Collett at 8:00 a.m. The meeting was held in the Board Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE President Collett led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Ric Collett, President Marc Marcantonio, General Manager Michael J. Beverage, Vice President Steve Conklin, Engineering Manager Robert R. Kiley John DeCriscio, Operations Manager Gary T. Melton Gina Knight, Human Resources / Risk Manager Delia Lugo, Finance Manager DIRECTORS ABSENT Damon Micalizzi, Public Information Manager Phil Hawkins Art Vega, Information Technology Manager Annie Alexander, Executive Secretary Malissa Tem, Public Affairs Intern ALSO PRESENT Eddy Beltran, Partner, Kidman Law LLP Connie Almond, Attorney, Liebert Cassidy Whitmore (Via teleconference for Closed Session only.) Brett Barbre, Director, MWDSC and MWDOC Tom Lindsey, Mayor Pro Tem, City of Yorba Linda Andy Sells, Chief Financial & Operations Officer, ACWA/JPIA 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS None. The following items were taken out of order. 7. CLOSED SESSION The meeting was adjourned to Closed Session at 8:02 a.m. All Directors in attendance were present. Also present were Mr. Marcantonio, Mr. Beltran, Mrs. Knight and Ms. Almond (via teleconference). 2 7.1. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Gina Knight, Human Resources/Risk Manager, and Connie Almond, Attorney, Liebert Cassidy Whitmore Employee Organization: Yorba Linda Water District Employees Association The Board reconvened in Open Session at 8:31 a.m. President Collett stated that no action was taken during Closed Session that was required to be reported under the Brown Act. 5. PUBLIC COMMENTS CONTINUED None. 6. PRESENTATIONS 6.1. Refund from ACWA/JPIA's Rate Stabilization Fund Mr. Andy Sells, CFOO, for ACWA/JPIA, addressed the Board and explained the purpose of the agency’s rate stabilization fund. He then presented the Board with a refund check in the approximate amount of $70,000 and complimented the District on its safety program. 8. CONSENT CALENDAR Director Beverage made a motion, seconded by Director Kiley, to approve the Consent Calendar. Motion carried 4-0-0-1 with Director Hawkins being absent. 8.1. Minutes of the Board of Directors Regular Meeting held February 26, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Special Meeting held March 9, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 8.3. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $439,525.49. 9. ACTION CALENDAR 9.1. Senate Bill 355 (Lara) – San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) Mr. Marcantonio explained that SB 355 would remove one of Orange County’s two representatives on the RMC Board, resulting in a reduction 3 of half its voting representation. This would greatly reduce Orange County’s ability to acquire its fair share of greatly needed Proposition 1 funding. Much of the funding, including a $30M direct allocation for watershed improvements, and a share of $100M for urban creek restoration, will be allocated through the RMC. Director Brett Barbre addressed the Board and noted that MWDOC had taken the same position regarding this bill. Director Melton made a motion, seconded by Director Kiley, to (1) take an Oppose Unless Amend position, removing the language eliminating one of Orange County’s seats on the Conservancy’s Board of Directors; and (2) submit a letter to the author and the Senate Natural Resources and Water Committee indicating the District’s opposition. Motion carried 4-0-0-1 with Director Hawkins being absent. 10. DISCUSSION ITEMS 10.1. Governor's Executive Order for Mandatory Water Reductions Mr. Marcantonio and Mr. Micalizzi provided an overview of Governor Brown’s executive order that mandated a 25% statewide reduction in water use. They also described measures that would have the most impact on Orange County water agencies and the District’s current business model. Mayor Pro Tem Lindsey addressed the Board and commented on the number of phone calls the City was receiving in regards to the drought. He requested that the District work closely with the City to develop a unified message to their respective constituents regarding the situation. Director Brett Barbre address the Board and commented on local agency efforts to store water to help protect against the drought. Brief discussion regarding fire protection considerations, exclusion of recycled water from the State’s calculations, flushing lines for public health reasons, and the impact of the drought on the District’s budget followed. 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. President's Report None. 11.2. Directors' Reports NOCLA Monthly Meeting - April 1, 2015 Director Hawkins attended but was not present to provide a report. 4 11.3. General Manager's Report Mr. Marcantonio provided the Board with an overview of his activities and meeting attendance. He then asked each manager in attendance to provide a report regarding activities within their respective departments. 11.4. General Counsel's Report Mr. Beltran briefly commented on Proposition 218 requirements and the required process for implementation of proposed rate increases versus fines or penalties. 11.5. Future Agenda Items and Staff Tasks None. 12. COMMITTEE REPORTS 12.1. Executive-Administrative-Organizational Committee (Collett / Beverage) Next meeting is scheduled to be held April 13, 2015 at 4:00 p.m. 12.2. Investment Ad Hoc Committee (Hawkins / Beverage) Next meeting is yet to be scheduled. 12.3. YLWD-City of Placentia Joint Agency Committee (Melton / Kiley) Minutes of the meeting held April 7, 2015 at 9:00 a.m. will be provided at the next regular Board meeting. Next meeting is yet to be scheduled. 12.4. YLWD-City of Yorba Linda Joint Agency Committee (Collett / Beverage) Next meeting is scheduled to be held April 28, 2015 at 10:00 a.m. at the District’s offices. 12.5. YLWD-MWDOC-OCWD Joint Agency Committee (Collett / Melton) Minutes of the meeting held March 24, 2015 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled to be held May 26, 2015 at 4:00 p.m. 5 12.6. Citizens Advisory Committee (Collett) Next meeting is scheduled to be held April 27, 2015 at 8:30 a.m. 13. INTERGOVERNMENTAL MEETINGS 13.1. YL Planning Commission - March 25, 2015 (Hawkins) Director Hawkins attended but was not present to provide a report. Director Melton attended and commented on a few items of business which were addressed during the meeting. 13.2. OCSD - March 25, 2015 (Kiley/Beverage) Directors Kiley and Beverage attended and reported on matters discussed during this meeting and the OCSD Operations Committee meeting on April 1, 2015. 13.3. YL LMCAC - March 26, 2015 (Beverage - As Needed) Director Beverage attended and commented on a few matters that were discussed during the meeting. 13.4. MWDOC Board - April 1, 2015 (Kiley) Director Kiley attended and provided a report regarding business addressed during the meeting. 13.5. OCSD Operations Committee - April 1, 2015 (Kiley/Beverage) See Item No. 13.2. 13.6. OCWD Board - April 1, 2015 (Collett) Director Collett attended and provided a report regarding business addressed during the meeting. 13.7. YL City Council - April 7, 2015 (Beverage) Director Beverage attended and commented on a few matters that were considered during the meeting. Director Barbre left the meeting at this time. 13.8. LAFCO - April 8, 2015 (Beverage - As Needed) Director Beverage did not attend this meeting. 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from April 10, 2015 – May 31, 2015 The Board reviewed the activity calendar and made no changes. 6 15. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 15.1. NOCLA Monthly Meeting - April 1, 2015 NOCLA Elected Officials Reception - April 16, 2015 SCWC Quarterly Luncheon - April 24, 2015 YL Chamber of Commerce Appreciation Breakfast - April 29, 2015 Water Reuse and Desalination Research Conference - May 4-5, 2015 Director Beverage made a motion, seconded by Director Kiley, to authorize and/or ratify Director attendance at these events if desired. Motion carried 4-0-0-1 with Director Hawkins being absent. 16. ADJOURNMENT 16.1. The meeting was adjourned at 10:10 a.m. A Board of Directors Special Meeting has been scheduled for Tuesday, April 14, 2015 at 1:00 p.m. The next Regular Board of Directors Meeting will be held Thursday, April 23, 2015 at 8:30 a.m. Annie Alexander Assistant Board Secretary ITEM NO. 6.2 AGENDA REPORT Meeting Date: June 11, 2015 Subject:Minutes of the Board of Directors Special Meeting held April 14, 2015 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 041415_BOD_-_Minutes.doc Minutes Minutes Approved by the Board of Directors of the Yorba Linda Water District 6/11/2015 MB/PH 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Tuesday, April 14, 2015, 1:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The April 14, 2015 Yorba Linda Water District Board of Directors Special Meeting was called to order by President Collett at 1:04 p.m. The meeting was held in the Board Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Ric Collett, President Marc Marcantonio, General Manager Michael J. Beverage, Vice President John DeCriscio, Operations Manager Phil Hawkins Gina Knight, Human Resources/Risk Manager Robert R. Kiley Delia Lugo, Finance Manager Gary T. Melton Art Vega, Information Technology Manager Annie Alexander, Executive Secretary ALSO PRESENT Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Partner, Kidman Law LLP 4. PUBLIC COMMENTS None. 5. ACTION CALENDAR 5.1. Committee Structure and Assignments The Board briefly discussed the continued need for the District’s internal and external committees. The Board then determined to defer further consideration of this matter to later in the meeting. Mrs. Knight and Messrs. DeCriscio and Vega left the meeting at this time. 6. DISCUSSION ITEMS 6.1. Review Draft Board of Directors Policies and Procedures Manual Ms. Alexander presented the Board with a PowerPoint presentation regarding the Board’s draft policies and procedures manual. She explained that staff had spent some time evaluating the Board’s current policies and provided a brief summary of the findings. She further 2 explained that staff had compiled a draft Board of Directors policy and procedures manual incorporating content from applicable District ordinances and resolutions, related government/water codes, CSDA sample policies, and the policies of other water districts. The Board then reviewed each section of the draft policy manual and provided feedback and direction to staff. This included a discussion regarding the continued need for the District’s internal and external committees during which the Board determined to discontinue the District’s internal standing committees and continue the external standing committees. Ad hoc committees will be created on an as needed basis. Ms. Alexander then concluded the presentation and indicated that staff would incorporate the Board’s revisions and bring back a final draft for proposed adoption at a future Board meeting. 7. CLOSED SESSION The meeting was adjourned to Closed Session at 3:55 p.m. All Directors were present. 7.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 4:30 p.m. No action was taken during Closed Session that was required to be reported under the Brown Act. 8. ADJOURNMENT 8.1. The meeting was adjourned at 4:30 p.m. The next Regular Board of Directors Meeting will be held Thursday, April 23, 2015 at 8:30 a.m. Annie Alexander Assistant Board Secretary ITEM NO. 6.3 AGENDA REPORT Meeting Date: June 11, 2015 Subject:Minutes of the Board of Directors Regular Meeting held April 23, 2015 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2015-04-23_-_BOD_-_Minutes.doc Minutes Minutes Approved by the Board of Directors of the Yorba Linda Water District 6/11/2015 MB/PH 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, April 23, 2015, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The April 23, 2015 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Collett at 8:31 a.m. The meeting was held in the Board Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE President Collett led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Ric Collett, President Marc Marcantonio, General Manager Michael J. Beverage, Vice President Steve Conklin, Engineering Manager Robert R. Kiley John DeCriscio, Operations Manager Gary T. Melton Gina Knight, Human Resources / Risk Manager Delia Lugo, Finance Manager DIRECTORS ABSENT Damon Micalizzi, Public Information Manager Phil Hawkins Art Vega, Information Technology Manager Annie Alexander, Executive Secretary Cindy Botts, Management Analyst ALSO PRESENT Eddy Beltran, Partner, Kidman Law LLP Tom Lindsey, Mayor Pro Tem, City of Yorba Linda Eddy Jackson, Resident 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS Mr. Eddy Jackson, resident, addressed the Board and commented on alternate solutions being proposed for the filling of Lake Mission Viejo. He asked if any alternate solutions were being developed for the filling of East Lake Village. The Board responded and indicated that East Lake Village had its own water source for the purposes of filling the lake. Any supplemental water purchased from the District in the past has been charged at the full rate. 2 6. SPECIAL RECOGNITION 6.1. Recognition of Employee for their Service to the District Damon Micalizzi, Public Information Manager (5 Years) Mr. Marcantonio presented Mr. Micalizzi with a certificate and pen in recognition of his service to the District. The Board then applauded Mr. Micalizzi on his accomplishment. 7. CONSENT CALENDAR Director Beverage made a motion, seconded by Director Kiley, to approve the Consent Calendar. Motion carried 4-0-0-1 with Director Hawkins being absent. 7.1. Minutes of the Board of Directors Regular Meeting held March 12, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $907,150.97. 7.3. Declaration of Restrictive Covenants with Mr. Tien - 4284 Genoa Way Recommendation: That the Board of Directors authorize the President and Secretary to execute the Declaration of Restrictive Covenants with Mr. Tien. 7.4. Brand Name Requirement for Fairmont Booster Station Upgrade Project Recommendation: That the Board of Directors approve the Brand Name Requirement for the Fairmont Booster Station Upgrade Project for Items 10 through 14 as specified in attached staff memorandum, namely Clortec or Miox sodium hypochlorite dosing system, Grundfos chemical metering pumps, USF Fabrication vault access hatch, Exalt radio, and Motorola truck-to-truck radio. 7.5. Hardware Purchase for a Nevada Colocation Site to Implement Phase 4 (Disaster Recovery) of the Storage Solution and Recovery Plan Recommendation: That the Board of Directors authorize the General Manager to purchase Dell hardware through MR2 Solutions in the amount of $59,915.65 in order to implement a Disaster Recovery solution at the District's colocation site. 3 8. REPORTS, INFORMATION ITEMS, AND COMMENTS 8.1. President's Report President Collett briefly commented on feedback he was receiving from the public in regards to the drought. 8.2. Directors' Reports NOCLA Elected Officials Reception - April 16, 2015 Director Melton reported on his attendance at this event. Directors Melton, Beverage and Kiley also commented on feedback they were receiving from the public related to the drought. 8.3. General Manager's Report Mr. Marcantonio provided the Board with an overview of his activities and meeting attendance. He then asked each manager in attendance to provide a report regarding activities within their respective departments. 8.4. General Counsel's Report Mr. Beltran reported on the recent court ruling in the San Juan Capistrano water rate structure lawsuit. 8.5. Future Agenda Items and Staff Tasks None. 9. COMMITTEE REPORTS 9.1. Investment Ad Hoc Committee (Hawkins / Beverage) Next meeting is yet to be scheduled. 9.2. YLWD-City of Placentia Joint Agency Committee (Melton / Kiley) Minutes of the meeting held April 7, 2015 at 9:00 a.m. (To be provided at the next regular Board meeting.) Next meeting is scheduled to be held June 16, 2015 at 9:00 a.m. at Placentia City Hall. 9.3. YLWD-City of Yorba Linda Joint Agency Committee (Collett / Beverage) Next meeting is scheduled to be held April 28, 2015 at 10:00 a.m. at the District’s offices. 4 9.4. YLWD-MWDOC-OCWD Joint Agency Committee (Collett / Melton) Next meeting is scheduled to be held May 26, 2015 at 4:00 p.m. 9.5. Citizens Advisory Committee (Collett) Next meeting is scheduled to be held April 27, 2015 at 8:30 a.m. 10. INTERGOVERNMENTAL MEETINGS 10.1. YL LMCAC - April 9, 2015 (Beverage - As Needed) Director Beverage attended and commented on a few items of business which were discussed during the meeting. 10.2. WACO - April 10, 2015 (Hawkins/Kiley) Director Kiley attended and commented on the presentations provided during the meeting. 10.3. MWDOC Board - April 15, 2015 (Melton) Director Melton attended and commented on some matters of business that were considered during the meeting. 10.4. OCWD Board - April 15, 2015 (Kiley) Director Kiley attended and commented on a public hearing which was held during the meeting. 10.5. YL Planning Commission - April 15, 2015 (Melton) Director Beverage attended and commented on a few items of business that were considered during the meeting. 10.6. YL City Council - April 21, 2015 (Collett) Director Collett attended and commented on a presentation that was provided to the Council during the meeting. 10.7. OCSD - April 22, 2015 (Kiley/Beverage) Directors Kiley and Beverage attended and commented on a few items of interest which were discussed during the meeting. 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from April 24, 2015 – May 31, 2015 The Board reviewed the activity calendar and made no changes. 5 12. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 12.1. Drought Response Grant Program Water Rate Workshop - May 14 and 27, 2015 Director Beverage made a motion, seconded by Director Melton, to authorize Director attendance at this event if desired. Motion carried 4-0- 0-1 with Director Hawkins being absent. 13. CLOSED SESSION The meeting was adjourned to Closed Session at 9:35 a.m. All Directors in attendance were present. Also present were Mr. Marcantonio and Mr. Beltran. 13.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 10:13 a.m. President Collett stated that no action was taken during Closed Session that was required to be reported under the Brown Act. 14. ADJOURNMENT 14.1. The meeting was adjourned at 10:14 a.m. A Board of Directors Special Meeting has been scheduled for Thursday, April 30, 2015 at 8:30 a.m. The next Regular Board of Directors Meeting will be held Monday, May 11, 2015 at 11:30 a.m. Annie Alexander Assistant Board Secretary ITEM NO. 6.4 AGENDA REPORT Meeting Date: June 11, 2015 Subject:Minutes of the Board of Directors Special Meeting held April 30, 2015 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 043015_BOD_-_Minutes.doc Minutes Minutes Approved by the Board of Directors of the Yorba Linda Water District 6/11/2015 MB/PH 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Thursday, April 30, 2015, 8:00 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The April 30, 2015 Yorba Linda Water District Board of Directors Special Meeting was called to order by President Collett at 8:00 a.m. The meeting was held in the Board/Training Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Ric Collett, President Marc Marcantonio, General Manager Michael J. Beverage, Vice President Steve Conklin, Engineering Manager Phil Hawkins John DeCriscio, Operations Manager Robert R. Kiley Gina Knight, Human Resources / Risk Manager Gary T. Melton Delia Lugo, Finance Manager Damon Micalizzi, Public Information Manager Annie Alexander, Executive Secretary Cindy Botts, Management Analyst ALSO PRESENT Brett Barbre, Director, MWDSC and MWDOC Connie Almond, Attorney, Liebert Cassidy Whitmore 4. PUBLIC COMMENTS None. 5. CLOSED SESSION The meeting was adjourned to Closed Session at 8:01 a.m. All Directors were present. Also present was Mrs. Knight and Ms. Almond. 5.1. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Gina Knight, Human Resources/Risk Manager, and Connie Almond, Attorney, Liebert Cassidy Whitmore Employee Organization: Yorba Linda Water District Employees Association 2 The Board reconvened in Open Session at 8:32 a.m. President Collett reported that no action was taken during Closed Session that was required to be reported under the Brown Act. Ms. Almond left the meeting at this time. 6. DISCUSSION ITEMS 6.1. Draft FY 2015/16 Operating Budget (Materials to be provided at the meeting.) The Board discussed the District’s mandated water conservation percentage as proposed by the State Water Resources Control Board (SWRCB) and its expected impact on the District’s finances. Mrs. Lugo provided an overview of the draft FY 2015/16 budget summary, key budget assumptions, revenues, and expenses as previously presented to the Board. Mrs. Botts provided a summary of SWRCB’s new requirements and calculations. Mrs. Botts and Mr. DeCriscio then responded to questions from the Board regarding a revised operating plan and estimated import water and groundwater pumping costs for the next fiscal year. Mrs. Lugo reviewed the District’s debt covenant requirements, coverage ratios, and the consequences of default. She also highlighted the impact of mandated conservation on the District’s revenue under various scenarios. Mrs. Lugo then provided a revised draft FY 2015/16 budget summary assuming a 36% mandated reduction in water consumption, a 15% allocation from MWD, and 55% of the District’s operating expenses being covered by the base fee. Staff then responded to questions from the Board regarding the expense key factors, local agency base fee and monthly bill comparison, and other revenue recovery options. The Board then discussed the different legal requirements associated with the collection of drought related penalties and a proposed rate increase. Mrs. Lugo reviewed the District’s reserve types and established minimums. The Board then instructed staff to prepare a resolution instituting Stage 3 Water Conservation Measures for consideration at the next regular meeting. The Board also scheduled future workshop meetings on May 21, 2015 at 8:30 a.m., June 18, 2015 at 8:30 a.m., and July 16, 2015 at 8:30 a.m. Additionally, the Board determined to change the time of the Board meeting on September 10, 2015 to 6:30 p.m. in order to accommodate a public hearing for a proposed rate increase. 7. ADJOURNMENT 7.1. The meeting was adjourned at 11:33 a.m. The next Regular Board of Directors Meeting will be held Monday, May 11, 2015 at 11:30 a.m. Annie Alexander Assistant Board Secretary ITEM NO. 6.5 AGENDA REPORT Meeting Date: June 11, 2015 Subject:Minutes of the Board of Directors Regular Meeting held May 11, 2015 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2015-05-11_-_BOD_-_Minutes.doc Minutes Minutes Approved by the Board of Directors of the Yorba Linda Water District 6/11/2015 MB/PH 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Monday, May 11, 2015, 11:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The May 11, 2015 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Collett at 11:32 a.m. The meeting was held in the Board Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE President Collett led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Ric Collett, President Marc Marcantonio, General Manager Michael J. Beverage, Vice President Steve Conklin, Engineering Manager Robert R. Kiley John DeCriscio, Operations Manager Gary T. Melton Gina Knight, Human Resources / Risk Manager Delia Lugo, Finance Manager DIRECTORS ABSENT Art Vega, Information Technology Manager Phil Hawkins Annie Alexander, Executive Secretary Cindy Botts, Management Analyst Malissa Tem, Public Affairs Specialist Alex Thomas, Water Quality Engineer ALSO PRESENT Daniel Mole, Chair, YLWD Citizens Advisory Committee Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Partner, Kidman Law LLP Ian Delzer, Associate, Townsend Public Affairs, Inc. Judy Desjardin, Resident Eddy Jackson, Resident John Koeller, Resident Judy Murray, President, Rancho Dominguez Community Association Rosemarie Sauer, Resident 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS Mr. Eddy Jackson, resident, addressed the Board and inquired as to why the meeting was being held on this day instead of the regularly scheduled date and time. President Collett explained that a majority of the Board were interested in 2 attending a workshop regarding water rates which had been scheduled the same day as the regularly scheduled meeting. As such, the meeting date and time had been changed to accommodate their attendance. Mr. John Koeller, resident, addressed the Board and noted that he had the opportunity to attend the most recent YLWD Citizens Advisory Committee meeting. He also stated that he had watched the video recording of the State Water Resources Control Board (SWRCB) meeting held May 5, 2015 and that he was impressed with Mr. Marcantonio’s comments related to fire protection. He further stated that later in the meeting, Ms. Felicia Marcus, Chair, reminded SWRCB staff to look into Yorba Linda’s fire protection concerns. Ms. Rosemarie Sauer, resident, addressed the Board and inquired as to whether watering with a hand-held hose would be prohibited at some point in the future. President Collett responded that watering with a hand-held hose equipped with an automatic shut-off nozzle would not be prohibited. Ms. Sauer also commented on the process for reporting water waste, enforcement issues, and the District’s efforts to work with other municipalities in relation to the drought. 6. SPECIAL RECOGNITION 6.1. Recognition of Individual for their Service to the District Art Kidman, Partner, Kidman Law LLP (40 Years) President Collett presented Mr. Kidman with a proclamation from the Board of Directors and a lapel pin in recognition for his many years of service to the District. 7. COMMITTEE REPORTS 7.1. Citizens Advisory Committee (Collett) Minutes of the meeting held April 27, 2015 at 8:30 a.m. were provided in the agenda packet. Mr. Daniel Mole addressed the Board and provided a report regarding matters discussed during the meeting including the District’s recent budget workshop and the Governor’s Executive Order for mandatory water reductions. He also provided a brief overview of matters discussed during a previous OCW D Ocean Desalination Citizens Advisory Committee meeting. Next meeting is scheduled to be held May 18, 2015 at 8:00 a.m. Mr. Mole left the meeting at this time. 3 8. CONSENT CALENDAR Director Beverage made a motion, seconded by Director Kiley, to approve the Consent Calendar. Motion carried 4-0-0-1 with Director Hawkins being absent. 8.1. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $714,627.67. 8.2. Final Progress Payment No. 2 and Request to File Notice of Completion for the Richfield Gate Modifications Project Recommendation: That the Board of Directors approve Final Progress Payment No. 2 in the net amount of $25,100.90 to Harris Steel Fence Co., Inc. and 5% retention of $1,321.10; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation, if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for construction of the Richfield Gate Modifications Project, Job No. 2014-10. 8.3. Unaudited Financial Statement for the Period Ending March 31, 2015 Recommendation: That the Board of Directors receive and file the Unaudited Financial Statements for the Period Ending March 31, 2015. 8.4. Investment Report for Period Ending March 31, 2015 Recommendation: That the Board of Directors receive and file the Investment Report for the Period Ending March 31, 2015. 8.5. Directors and General Manager Fees and Expenses Report for Third Quarter FY 2014/15 Recommendation: That the Board of Directors receive and file the Third Quarter Directors and General Manager Fees and Expenses Report for FY 2014/15. 9. ACTION CALENDAR 9.1. Proposed Institution of Stage 3 Water Conservation Measures Mr. Marcantonio explained that this resolution supports the Governor’s State of Emergency and call for all Californian’s to conserve water. It also supports the SWRCB’s emergency regulation requirements for increased conservation practices and the District’s target reduction of 36%. President Collett then opened the floor to public comment. 4 Mr. John Koeller, resident, addressed the Board and stated that a number of studies have indicated that residential water usage will increase when the number of watering days are decreased as set forth in the District’s conservation ordinance. This is because individuals feel compelled to water more than they normally would due to the restriction. At the same time, there are other studies that indicate the opposite. Mr. Koeller further stated that while it’s easy to restrict the number of allowed watering days, it may not always result in a reduction of water consumption. Mr. Eddy Jackson, resident, addressed the Board and stated that according to a public records request, over 4M gallons of potable water had been used in 2013 to help refill a private lake at East Lake Village. He noted that Stage 3 of the District’s water conservation ordinance would prohibit the initial filling or re-filling of residential pools or outdoor spas (more than 1 foot). He requested that the Board consider issuing a moratorium on the refilling of this private lake with potable water and that any members of the Board who may be homeowners in East Lake Village recuse themselves from the discussion regarding this matter. Ms. Judy Murray, President, Rancho Dominguez Community Association, addressed the Board and stated that she was interested in how the new water usage restrictions would affect home owners associations. She also commented on the District’s waiver application and efforts made by the association to decrease water usage including the installation of smart timers, new pipeline materials, and drought tolerant plants. She noted that the association had reduced its water consumption every year since 2009 and expressed concern regarding the need to conserve an additional 36%. She asked if any considerations were being provided to associations who were maintaining their own slopes and perimeters. Mr. Art Kidman, Partner, Kidman Law LLP, addressed the Board and commented on Mr. Marcantonio’s remarks provided at the SWRCB meeting. He noted that the agency provided no special considerations to any group nor did it recognize purveyor efforts to increase water storage prior to the current drought. He also suggested that the state begin using the terms “water allocation” or “water rationing” instead of “water conservation” as the latter term implied a voluntary practice. Mr. Kidman also commented on the large fines to be levied on water purveyors who are out of compliance with the state’s emergency regulations. Ms. Rosemarie Sauer, resident, addressed the Board and stated that she was already making significant efforts to conserve water and that it would be very difficult for her to cut back her usage any further. President Collett then responded to concerns raised in the previous comments regarding the need for increased water conservation and the movement to Stage 3. He then asked staff to respond to the question raised regarding the private lake at East Lake Village. Mrs. Lugo explained that East Lake Village has its own private well in addition to one 5 inactive meter that has been utilized to help fill the lake in the past. President Collett then continued his comments and explained that the entire community would need to make an effort to conserve in order for the District to meet its target reduction percentage. Director Beverage commented on conservation efforts made during the previous droughts. Ms. Judy Desjardin, resident, addressed the Board and asked if the District was contacting state legislators regarding this matter. She also asked if it would be helpful for customers to do the same. Director Melton indicated that staff was making a substantial effort to communicate the District’s concerns to the appropriate state agencies and representatives. Mr. Marcantonio then provided a brief overview of staff’s efforts in this regard. Additional comments were then provided by various members of the Board. Director Beverage made a motion, seconded by Director Melton, to adopt Resolution No. 15-04 Instituting Stage 3 Watering Restrictions effective June 1, 2015. Director Beverage commented on the impact of the state’s emergency regulations on the District’s budget process and the timeline for meeting Proposition 218 requirements in relation to a proposed rate increase. Motion carried 4-0-0-1 on a Roll Call Vote with Director Hawkins being absent. 9.2. Draft 2015 Water Quality Report Mr. Conklin explained that California public water utilities were required to provide annual water quality reports to their customers. This report is also known as the Consumer Confidence Report which covers water quality testing and analysis from January to December of the previous calendar year. State and Federal laws now allow electronic delivery of this report resulting in a cost-savings for the District. Staff will make the report available on the District’s website and hard copies will be provided upon request. Mr. Marcantonio commended staff for their efforts in regards to water quality. Mr. DeCriscio and Mr. Thomas then responded to questions from the Board regarding sampling locations and frequency. Director Melton made a motion, seconded by Director Kiley, to approve the 2015 Water Quality Report and authorize staff to make this report available on the District’s website pursuant to the new State and Federal law regarding electronic delivery. Motion carried 4-0-0-1 with Director Hawkins being absent. 9.3. Board of Directors Policies and Procedures Manual Mr. Marcantonio explained that based on feedback provided at the Board workshop meeting held in April, staff had prepared the final draft of the policies and procedures manual for review. This document represents a compilation of several ordinances and resolutions and includes 6 supplemental language taken from the California Government and Water Codes, CSDA’s sample policies, and the policies of several other water districts. Director Kiley made a motion to adopt Resolution No. 15-05 Adopting a Board of Directors Policies and Procedures Manual and Rescinding Resolution Nos. 01-05, 08-13, 10-05, 11-05, 11-15, 12-10, and 12-21. Mr. Eddy Jackson, resident, addressed the Board and asked if this item had a cost of living adjustment associated with it. President Collett indicated that it did not. The motion was seconded by Director Beverage and carried 4-0-0-1 on a Roll Call Vote with Director Hawkins being absent. 9.4. Memorandum of Understanding and Pay Plans Between the District and the YLWD Employees Association Mrs. Knight explained that from early February through the end of April 2015, staff had met and conferred with representatives of the Yorba Linda Water District Employees’ Association to negotiate a Memorandum of Understanding (MOU) for FYs 2015-18. On May 7, 2015, the Association held an election and agreed to accept the MOU which includes a 6.5% cost of living adjustment over a 3-year period beginning July 1, 2015 and an 11 step salary schedule effective July 1, 2016. Mr. Eddy Jackson, resident, addressed the Board and expressed concern regarding the proposed cost of living adjustments in light of the District’s expected reduction in revenue due to the state’s conservation mandate. He suggested that the Board defer consideration of this matter for a few months. Director Beverage responded and commented on various cost- saving provisions that were included in the previous MOU and the expenses associated with employee turnover. Director Kiley made a motion, seconded by Director Beverage, to adopt Resolution No. 15-06 Adopting the Memorandum of Understanding and Pay Plans Between the District and the Yorba Linda Water District Employees Association. Motion carried 4-0-0-1 on a Roll Call Vote with Director Hawkins being absent. 9.5. Employee Compensation Letter and Pay Plans for Supervisory and Confidential Employees Mrs. Knight explained that in the past, the District’s Supervisory and Confidential Employees followed suit with the provisions that were negotiated between the District and the District’s represented employees. The Compensation Letter for this group of employees includes a 6.5% cost of living adjustment over a 3-year period beginning July 1, 2015 and an 11 step salary schedule effective July 1, 2016. 7 Mr. Eddy Jackson, resident, addressed the Board and asked for clarification as to which employee groups were unionized. Director Beverage explained that only those positions identified in the MOU belonged to a union. Director Beverage made a motion, seconded by Director Kiley, to adopt Resolution No. 15-07 Adopting the Employee Compensation Letter and Pay Plans for Supervisory and Confidential Employees for Fiscal Years 2015-2018. Motion carried 4-0-0-1 on a Roll Call Vote with Director Hawkins being absent. 9.6. Employee Compensation Letter and Pay Plans for Management Employees Mrs. Knight explained that in the past, the District’s Management Employees also followed suit with the provisions that were negotiated between the District and the District’s represented employees. The Compensation Letter for this group of employees includes a 6.5% cost of living adjustment over a 3-year period beginning July 1, 2015 and an 11 step salary schedule effective July 1, 2016. Mr. Eddy Jackson, resident, addressed the Board and asked for clarification regarding the Board of Directors’ compensation rate. The Board responded that the Directors’ compensation rate hadn’t changed since 2003 and was currently set at $150 per day for each day’s attendance at authorized meetings, not to exceed 10 days in any calendar month. The Board voted 4-0-0-1, with Director Hawkins being absent, to adopt Resolution No. 15-08 Adopting the Employee Compensation Letter and Pay Plans for Management Employees for Fiscal Years 2015-2018. 9.7. First Amendment to Employment Agreement for Position of General Manager Mrs. Knight explained that based on job performance, the General Manager had qualified for a merit increase. As such, an amendment to the original employment agreement was now desired. Mrs. Knight also clarified that the date of the agreement in the agenda report should have been identified as August 7, 2014. President Collett noted that Mr. Marcantonio was doing an outstanding job and that the District was very fortunate to have hired him. Director Melton made a motion, seconded by Director Kiley, to approve the First Amendment to the Employment Agreement for the Position of General Manager. Motion carried 4-0-0-1 with Director Hawkins being absent. 8 9.8. Request for Concurring Nomination Resolution Mr. Marcantonio explained that the California Special Districts Association (CSDA) would be conducting an election for 6 seats on its Board of Directors in June. The District has received a request from the Vista Irrigation District to consider adoption of a resolution concurring in the nomination of Ms. Jo MacKenzie for reelection. Director Melton made a motion, seconded by Director Kiley, to adopt Resolution No. 15-09 Concurring in the Nomination of Jo MacKenzie to the CSDA Board of Directors. Motion carried 4-0-0-1 on a Roll Call Vote with Director Hawkins being absent. 10. DISCUSSION ITEMS 10.1. Status of Legislative Affairs Mr. Ian Delzer, Associate for Townsend Public Affairs, addressed the Board and provided an overview of current legislative activity. A copy of the monthly report was provided in the agenda packet. 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. President's Report None. 11.2. Directors' Reports SCWC Quarterly Luncheon - April 24, 2015 Director Kiley did not attend this event. YL Chamber Appreciation Breakfast - April 29, 2015 Director Melton attended and noted that District staff had been recognized at the event. MWDOC Elected Officials Forum - April 29, 2015 Directors Collett and Kiley attended and commented on a presentation that was provided during the event. Water Reuse & Desalination Research Conference - May 4-5, 2015 Director Kiley attended 11.3. General Manager's Report Mr. Marcantonio provided the Board with an overview of his activities and meeting attendance. He then asked each manager in attendance to provide a report regarding activities within their respective departments. 11.4. General Counsel's Report Mr. Beltran did not have any comments at this time. Mr. Kidman briefly commented on the emergency regulations adopted by the State Water Resources Control Board. 9 11.5. Future Agenda Items and Staff Tasks None. 12. COMMITTEE REPORTS CONTINUED 12.1. Investment Ad Hoc Committee (Hawkins / Beverage) Next meeting is yet to be scheduled. 12.2. YLWD-City of Placentia Joint Agency Committee (Melton / Kiley) Minutes of the meeting held April 7, 2015 at 9:00 a.m. were provided in the agenda packet. Next meeting is scheduled to be held June 16, 2015 at 9:00 a.m. and will be held at Placentia City Hall. 12.3. YLWD-City of Yorba Linda Joint Agency Committee (Collett / Beverage) Minutes of the meeting held April 28, 2015 at 10:00 a.m. were provided in the agenda packet. Next meeting is scheduled to be held May 19, 2015 at 10:00 a.m. and will be held at YL City Hall. 12.4. YLWD-MWDOC-OCWD Joint Agency Committee (Collett / Melton) Next meeting is scheduled to be held May 26, 2015 at 4:00 p.m. 13. INTERGOVERNMENTAL MEETINGS 13.1. YL Planning Commission - April 29, 2015 (Hawkins) Director Hawkins attended and previously provided Mr. Marcantonio with some notes which he shared with the Board. 13.2. WACO - May 1, 2015 (Hawkins/Kiley) Directors Hawkins and Kiley attended. Director Kiley commented on the presentation provided during the meeting. 13.3. YL City Council - May 5, 2015 (Beverage) Director Beverage attended and commented on a few items of business that were considered during the meeting. 10 13.4. OCSD Operations Committee - May 6, 2015 (Kiley/Beverage) Directors Kiley and Beverage attended and reported on some matters of business that were discussed during the meeting. 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from May 12, 2015 – June 30, 2015 The Board reviewed the activity calendar and made no changes. 15. ADJOURNMENT 15.1. The meeting was adjourned at 1:42 p.m. A Board of Directors Workshop Meeting has been scheduled for Thursday, May 21, 2015 at 8:30 a.m. The next Regular Board of Directors Meeting will be held Thursday, May 28, 2015 at 8:30 a.m. Annie Alexander Assistant Board Secretary ITEM NO. 6.6 AGENDA REPORT Meeting Date: June 11, 2015 Subject:Minutes of the Board of Directors Special Meeting held May 18, 2015 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 051815_BOD_-_Minutes.doc Minutes Minutes Approved by the Board of Directors of the Yorba Linda Water District 6/11/2015 MB/PH 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Monday, May 18, 2015, 11:00 a.m. Mesa Water Reliability Facility - 1350 Gisler Ave, Costa Mesa CA 92626 1. CALL TO ORDER The May 18, 2015 Yorba Linda Water District Board of Directors Special Meeting was called to order at 11:00 a.m. The meeting was held at the Mesa Water Reliability Facility at 1350 Gisler Ave, Costa Mesa, CA 92626. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL YLWD DIRECTORS PRESENT YLWD STAFF PRESENT Ric Collett, President Marc Marcantonio, General Manager Michael J. Beverage, Vice President Phil Hawkins Robert R. Kiley Gary T. Melton MESA WATER DIRECTORS PRESENT MESA WATER STAFF PRESENT Shawn Dewane, President Paul E. Shoenberger, General Manager Ethan Temianka, Vice President 4. PUBLIC COMMENTS None. 5. PRESENTATIONS 5.1. Tour of Mesa Water Reliability Facility Directors Dewane and Temianka and Mr. Shoenberger provided the Yorba Linda Water District attendees with a tour of the Mesa Water Reliability Facility. 6. ADJOURNMENT 6.1. The meeting was adjourned at 12:30 p.m. A Board of Directors Workshop Meeting has been scheduled for Thursday, May 21, 2015 at 8:30 a.m. The next Regular Board of Directors Meeting will be held Thursday, May 28, 2015 at 8:30 a.m. Marc Marcantonio Board Secretary ITEM NO. 6.7 AGENDA REPORT Meeting Date: June 11, 2015 Subject:Minutes of the Board of Directors Workshop Meeting held May 21, 2015 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 052115_BOD_-_Minutes.doc Minutes Minutes Approved by the Board of Directors of the Yorba Linda Water District 6/11/2015 MB/PH 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS WORKSHOP MEETING Thursday, May 21, 2015, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The May 21, 2015 Yorba Linda Water District Board of Directors Workshop Meeting was called to order by President Collett at 8:30 a.m. The meeting was held in the Board/Training Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE President Collett led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Ric Collett, President Marc Marcantonio, General Manager Michael J. Beverage, Vice President Steve Conklin, Engineering Manager Phil Hawkins John DeCriscio, Operations Manager Robert R. Kiley Gina Knight, Human Resources / Risk Manager Gary T. Melton Delia Lugo, Finance Manager Art Vega, Information Technology Manager Damon Micalizzi, Public Information Manager Annie Alexander, Executive Secretary Cindy Botts, Management Analyst OTHER ATTENDEES Eddy Beltran, Partner, Kidman Law LLP Brett Barbre, Director, MWDSC and MWDOC Randy Kuroda, Resident 4. PUBLIC COMMENTS Mr. Randy Kuroda, resident, addressed the Board and expressed his concerns regarding the state’s emergency drought regulations prohibiting the watering of landscape within 48 hours of measureable rainfall or when there is a 50% chance or greater of rainfall. He noted that the term “measurable rainfall” was undefined and that sources for identifying the % chance of rainfall were somewhat difficult to locate. He also stated that the provision in the District’s water conservation ordinance prohibiting the initial filling and refilling of pools and spas more than 1 foot did not specify any time period (i.e. day, month, etc.). He suggested that the District consider posting real time weather forecasts on its website in addition to e-mailing or texting customers weather related information. 2 President Collett noted that the water conservation ordinance was originally adopted in 2009 and that the Board would be reviewing it again in the near future. Mr. Kuroda also suggested that as MWDSC funding for turf removal rebates had been depleted, that the District consider promoting its own program. Director Barbre stated that MWDSC would be considering making additional funding available shortly and responded to related questions from the Board. President Collett commented on a matter discussed during the previous Yorba Linda City Council meeting regarding a possible temporary moratorium on the issuance of building permits for swimming pools and outdoor spas. Mr. Marcantonio thanked Mr. Kuroda for his comments and asked Director Barbre if MWDOC would be developing an updated framework for the water conservation ordinance. Director Barbre indicated that work related to this effort was being performed on a state level. Mr. Micalizzi noted that the District’s website was in the process of being re-designed and would include a weather related module. Mr. Kuroda left the meeting at this time. 5. DISCUSSION ITEMS 5.1. Draft FY 2015/16 Operating Budget (Materials to be provided at the meeting.) Mrs. Lugo began the presentation and explained that staff had revised the draft budget assuming 45% of the District’s operating expenses being covered on the base fee versus 55% as was presented at the last workshop meeting. She then summarized the key budget assumptions. Mrs. Botts provided an overview of the State Water Resources Control Board’s (SWRCB) requirements and calculations, a revised operating plan, and estimated import water and groundwater costs for the next fiscal year. Mrs. Lugo then provided an overview of the revised draft FY 2015/16 budget summary and expense key factors. Mrs. Knight reviewed the proposed changes in staffing for the next fiscal year. Staff then responded to questions from the Board regarding the District’s long and short term staffing needs. This included a discussion regarding the funding of short term positions specifically related to the state’s conservation mandate through the use of penalties. These penalties would also be used to pay for fines from the state should the District not meet its conservation percentage. Mrs. Lugo explained that in order to address the SWRCB’s mandate, the Board would need to establish water use restrictions and impose penalties upon customers who exceed those restrictions in the form of an Ordinance. President Collett called a recess at 10:10 a.m. 3 The meeting was reconvened at 10:20 a.m. Mrs. Botts provided an overview of the District’s debt service obligation and coverage ratio, proposed base fee increases, and a local agency rate comparison. She then explained staff’s calculations and data used to develop residential, commercial, and irrigation water usage blocks and potential penalties. Mrs. Lugo also explained that any penalties imposed by the Board needed to be reasonable and serve as a deterrent against water waste. The Board then discussed the penalty amounts and provided feedback to staff. Mrs. Lugo reviewed the District’s reserve types and established minimums. Mr. Conklin then provided an overview of the District’s 5-year Capital Improvement Plan and responded to questions from the Board regarding identified projects and expanding the District’s water supply portfolio. Following further discussion, the Board instructed staff to prepare an Ordinance to comply with the state’s mandate that would impose water use restrictions and associated penalties for consideration at the next Board meeting. The Board also determined to change the time of the workshop meeting scheduled June 19, 2015 at 8:30 a.m. to 1:00 p.m. the same day. 6. ADJOURNMENT 6.1. The meeting was adjourned at 11:53 a.m. The next Regular Board of Directors Meeting will be held Thursday, May 28, 2015 at 8:30 a.m. Annie Alexander Assistant Board Secretary ITEM NO. 6.8 AGENDA REPORT Meeting Date: June 11, 2015 Budgeted:Yes To:Board of Directors Cost Estimate:$403,787.19 Funding Source:All Funds From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Reviewed by Legal:N/A Prepared By:Richard Cabadas, Accounting Assistant I CEQA Compliance:N/A Subject:Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors’ approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $403,787.19. DISCUSSION: The major item on this disbursement list is as follows: A wire of $14,000.98 to Southern California Gas Company for April 2015 gas charges at Highland Ave. The balance of $138,447.49 is routine invoices. The Accounts Payable check register total is $138,447.49; Payroll No. 11 total is $251,338.72; and the disbursements of this agenda report are $403,787.19. A summary of the checks is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. ATTACHMENTS: Name:Description:Type: 15-CS_0611.pdf CAP SHEET Backup Material CkReg061115.pdf CHECK REGISTER Backup Material 15_CC_0611.pdf CREDIT CARD SUMMARY Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/11/2015 MB/PH 5-0 . June 02, 2015 CHECK NUMBERS & WIRES: Computer Checks 65702—65768 $ 138,447.49 ___________ $ 138.447.49 WIRE: W052615 So. California Gas Co. $ 14,000.98 ____________ $ 14,000.98 TOTAL OF CHECKS & WIRES $152,448.47 PAYROLL NO. 11: Direct Deposits $ 156,887.72 Third Party Checks 6148—6159 $ 42,416.13 Payroll Taxes $ 52,034.87 $ 251,338.72 TOTAL OF PAYROLL $251,338.72 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $403,787.19 ================================================================== APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF June 11, 2015 ==================================================================. Check No.Date Vendor Name Amount Description 65708 06/11/2015 Alhambra Foundry Company 3,299.89 RING AND COVER 65709 06/11/2015 Anaheim Wheel & Tire 30.00 MOUNT& BALANCE 2 TIRES - #178 65710 06/11/2015 Aqua-Metric Sales Co.14,615.42 WAREHOUSE STOCK 65711 06/11/2015 Aramark 651.10 UNIFORM SERVICE 65712 06/11/2015 Art Vega 1,044.84 TRAVEL REIMBURSEMENT - ART V 65713 06/11/2015 Associated Laboratories 1,793.40 APRIL INVOICE - LAB TEST 65714 06/11/2015 AT & T 46.23 CIRCUIT 78KS315PT 65715 06/11/2015 Bob Peters Fire Protection Inc 700.00 ANNUAL FIRE SPRINKLER SERVICE 65716 06/11/2015 CalCard US Bank 16,281.09 ORCHARD SUPPLY HARDWARE 65717 06/11/2015 City Of Placentia 253.25 ENCROACHMENT PERMIT 715673 65718 06/11/2015 City Of Placentia 253.25 ENCROACHMENT PERMIT 715674 65719 06/11/2015 Cla-Val Co.142.90 YOKE CRD 3/8" 65720 06/11/2015 Clinical Lab. Of San Bern.3,020.00 LAB TESTING - APRIL 2015 65721 06/11/2015 CNA Surety 500.00 HONESTY BOND 71497797 - LUGO 65706 06/11/2015 COLBY STOCKSTILL 5.34 CUSTOMER REFUND 65722 06/11/2015 Com Ser Co Inc.347.49 ANTENNA KIT #208 & 209 65723 06/11/2015 David Dickison 999.35 CASH SWR BOND RELEASE- J13-16S 65725 06/11/2015 Dean Criske Trucking 1,467.90 BASE MATERIAL & COLD MIX ASPHALT 65724 06/11/2015 Delta Wye Electric, Inc.1,004.28 LAKEVIEW PUMP TROUBLESHOOT 65726 06/11/2015 Eisel Enterprises, Inc.1,790.10 CAST IRON COVER & J2013-04 - MTR BOX,LID & COVER 65727 06/11/2015 Environmental Engineering & Contracting Inc.5,017.33 GIS/CMMS CONSULTING 65728 06/11/2015 Fairway Ford Sales, Inc.33.20 AUTO MAINTENANCE - UNIT 193 65729 06/11/2015 Fleet Services, Inc 706.52 AUTO MAINTENANCE - UNIT 161 65730 06/11/2015 Fry's Electronics 1,912.10 IT HARDWARE 65731 06/11/2015 Gates Fiberglass Installers, Inc.1,428.00 FIBERGLASS MATERIAL - TANKS 65734 06/11/2015 J & S Construction 14,660.00 CONCRETE REPAIR - SEVERAL LOCATIONS 65732 06/11/2015 Jackson's Auto Supply - Napa 720.15 AUTO MAINTEANCE - UNIT 147 65733 06/11/2015 John Bogosian 389.46 TOOLS & EQUIPMENT 65703 06/11/2015 JOHN FEIST 127.34 CUSTOMER REFUND 65735 06/11/2015 KB Design 664.20 SAFETY - T-SHIRTS 65704 06/11/2015 KELLY E ROGERS 196.87 CUSTOMER REFUND 65707 06/11/2015 KHANH DAO 211.41 CUSTOMER REFUND 65736 06/11/2015 Kidman Law 305.50 LEGAR SERVICE 65737 06/11/2015 Konica Minolta Business 299.73 BIZHUB C224 - LEASE & OVERAGE COPY CHARGES 65738 06/11/2015 Liebert Cassidy Whitmore 11,931.50 GENERAL - LEGAL SERVICE 65739 06/11/2015 Marc Marcantonio 133.72 TRAVEL & MI. REIMBURSEMENT - MARC 65740 06/11/2015 Mc Fadden-Dale Hardware 147.00 HARDWARE SUPPLIES 65741 06/11/2015 Michael J. Beverage 77.63 MI REIMBURSEMENT - BEVERAGE, M 65768 06/11/2015 Municipal Water District 75.00 RESIDENTIAL SMART TIMER 65742 06/11/2015 Muzak LLC 80.18 MUSIC SERVICES - JUNE 2015 65743 06/11/2015 Nickey Kard Lock Inc 5,191.37 FUEL 65744 06/11/2015 Office Solutions 291.75 OFFICE SUPPLIES & TONER 65748 06/11/2015 P.T.I. Sand & Gravel, Inc.662.20 BASE MATERIALS (CL2) 65702 06/11/2015 PEI LI 599.51 CUSTOMER REFUND 65745 06/11/2015 Pete's Road Service Inc 34.02 FLAT REPAIR - UNIT 144 65746 06/11/2015 Praxair Distribution 154.70 SPEC MD ALUM 100-200 65747 06/11/2015 Prudential Group Insurance 3,848.45 INSURANCE LIFE/ADD/LTD & STD 65749 06/11/2015 Quinn Power Systems Associates 902.26 FILTER AS LU 65751 06/11/2015 R.F.MacDonald Co 11,190.04 GRUNDFOS DMH 213-10-B 65750 06/11/2015 Red Wing Shoe Store - Orange 177.12 BOOTS - BARMER, D 65752 06/11/2015 RKI Engineering, LLC 6,400.00 WORK ON DRIVERS AND SCADA 65753 06/11/2015 Robert Kiley 134.00 DATA & MI. REIMBURSEMENT - KILEY, R 65754 06/11/2015 Safety-Kleen Systems Inc 822.89 HAZ MATERIAL DISPOSAL 65755 06/11/2015 Sanders Paving, Inc.3,950.00 RESLURRY PAVEMENT - 3 LOCATION 65756 06/11/2015 Selman Chevrolet Company 771.16 BRAKE HYDRO BOOST - UNIT 144 65757 06/11/2015 Shred-It USA Inc 88.12 SHRED ONSITE SERVICE 65758 06/11/2015 Southern Calif Edison Co.385.48 #6115 & #6354 - MAY 2015 65759 06/11/2015 Southern Calif Gas Co.8,873.66 MAY 2015 GAS CHARGES AT MULTIPLE LOCATIONS W052815 05/28/2015 Southern Calif Gas Co.14,000.98 HIGHLAND AVE - APRIL 2015 65760 06/11/2015 Staples Business Advantage 1,589.53 OFFICE SUPPLIES & TONER 65761 06/11/2015 Steven Enterprises 148.12 Receivings Transaction Entry 65762 06/11/2015 Sunrise Medical Group 70.00 HEP B SURFACE ANTIBODY 65763 06/11/2015 TDC Group Inc 1,500.00 FREEANCE - 12 MO - 7/15-7/16 65764 06/11/2015 Time Warner Cable 1,515.86 RICHFIELD - BCF FIBER INET Yorba Linda Water District Check Register For Checks Dated: 05/19/2015 thru 6/11/2015 65765 06/11/2015 United Industries 708.08 PPE EQUIPMENT 65705 06/11/2015 WENDIE L HUFFMAN 70.50 CUSTOMER REFUND 65766 06/11/2015 Yorba Linda Chamber 685.00 ANNUAL MEMBERSHIP 7/15-7/16 65767 06/11/2015 Zane Woller 321.00 COL. SYS. MAINT. GD 2 - WOLLER 152,448.47 Date Vendor Name Amount Description 5/13/2015 Amazon.com 348.46 (2) Streamlight boxes - #208 & 209 5/18/2015 Praxair 46.48 Welding supplies for hydrant crew 5/18/2015 Star12 - National Seminar Training 597.00 Renewal for (3) users 5/18/2015 FTP TODAY 4.03 extra storage for ylwd.ftptoday.com 5/19/2015 B&M Lawn & Garden 94.52 Parts for lawn mower & trimmer 5/19/2015 Westside Building 588.33 Shop supplies - paint brushes, wire brushes, & padlocks 5/19/2015 Village Nurseries 66.74 SOD for landscape repairs 5/19/2015 Harrington Industrial 582.63 CL2 parts for Camino de Bryant 5/19/2015 Steer Inn 199.10 Engineering department Going-Away Lunch for Sosa, J 5/19/2015 National Notary Association 578.80 Renew notary commission for Amelia Cloonan 5/20/2015 Lightbulbs Etc.255.96 Light bulbs for facilities repair 5/20/2015 Home Depot 123.91 Batteries for warehouse & misc. parts 5/20/2015 Home Depot 683.10 (50) bags of rapidset concrete 5/20/2015 Harrington Industrial 89.22 CL2 parts 5/20/2015 Blakes Place 1,869.34 BBQ for employee picnic. 5/20/2015 Vons 70.38 Beverages for employee picnic. 5/20/2015 Placentia Disposal 504.52 (2) Front loads - Richfield 5/20/2015 Online Information Services 462.20 Utility exchange report 5/20/2015 Verizon Wireless 5,034.44 March & April 2015 Invoices 5/21/2015 Orchard Supply Hardware 16.17 Key reel and graphite for water quality 5/21/2015 C. Wells Supply 610.20 3/4" core for tapping team 5/21/2015 Hedrick Fire Protection 450.00 Fire alarm check - annual test 5/21/2015 Randy's Automotive 633.97 Automobile maintenance. 5/21/2015 Konica Minolta 1,193.99 March & April 2015 Invoices 5/26/2015 B&M Lawn & Garden 106.92 (2) 18"-21" snake gaiters 5/26/2015 Lightbulbs Etc.64.58 Light bulbs for building 4 5/27/2015 Minuteman Press 459.00 (500) 12"x18" cardstock "No Parking" 5/27/2015 Staples 75.55 Printer ink for operations 5/27/2015 Orchard Supply Hardware 53.98 Materials 5/28/2015 Orchard Supply Hardware 17.57 Building repair parts 5/28/2015 Dan Copp Crushing 400.00 Concrete & asphalt road waste 16,281.09 Cal Card Credit Card U S Bank 5/13/15-5/28/15 ITEM NO. 7.1 AGENDA REPORT Meeting Date: June 11, 2015 Budgeted:Yes Total Budget:$2.5M To:Board of Directors Cost Estimate:$2.5M Funding Source:All Water Funds From:Marc Marcantonio, General Manager Job No:J2009-22 & J2014-23 Presented By:Steve Conklin, Engineering Manager Dept:Engineering Reviewed by Legal:No Prepared By:Alex Thomas, Water Quality Engineer CEQA Compliance:MND Subject:Mitigated Negative Declaration for the Well 21 Equipping and Richfield Road Pipeline Projects SUMMARY: A Mitigated Negative Declaration (MND) and Initial Environmental Study (IES) under the California Environmental Quality Act (CEQA) has been prepared for the Well 21 Equipping and Richfield Road Pipeline Projects. The analysis concludes that the proposed project can be implemented without causing significant adverse environmental impacts with the incorporation of mitigation measures for specific issues. The impacts and mitigation measures are summarized in the attached Mitigation and Monitoring Program. STAFF RECOMMENDATION: That the Board of Directors adopt the Mitigation and Monitoring Program; find and declare that the proposed Project, with incorporation of the mitigation measures per the Mitigation and Monitoring Program, will not have a significant adverse effect on the environment of the YLWD service area; and authorize staff to file a Notice of Determination for the Project. DISCUSSION: The MND and IES analysis for the Well 21 Equipping and Richfield Road Pipeline Projects found that the proposed projects will not impact any CEQA guideline categories when mitigating measures are included in the projects. The impacts and mitigation measures are summarized in the attached Mitigation and Monitoring Program. Mitigation measures include full compliance with local noise ordinances; protection of biological and hydrological resources; and monitoring for potential hazardous materials. The MND/IES was prepared by Stantec Consulting Services, Inc. in conformance with CEQA requirements. The projects' contract documents and specifications will incorporate the identified mitigation measures. Pursuant to CEQA guidelines, copies of the MND/IES were distributed to various responsible agencies for public review and comment. The attached Staff Report summarizes the public review process and discusses the written comments. An electronic copy of the MND/IES is on file and available for review on the District's public website found on the "YLWD Reports" page under the "News" tab. PRIOR RELEVANT BOARD ACTION(S): On October 10, 2013, the Board of Directors authorized execution of a Professional Services Agreement with Stantec Consulting Services, Inc. to provide engineering design, bidding support services and construction management for Wellhead Equipping of YLWD Well No. 21 in the amount not to exceed $147,258. On August 14, 2014, the Board of Directors authorized the execution of Amendment No. 1 to the Professional Services Agreement with Stantec Consulting Services, Inc. of the Well 21 Equipping Project to provide engineering design, bidding support services and construction management for the Richfield Road Pipeline Project in the amount no to exceed $87,966. ATTACHMENTS: Name:Description:Type: Staff_Report_MND_Comments_NOA.pdf Staff Report With NOA/NOI Backup Material YLWD_Response_to_COA_Commens.pdf YLWD Response Letter to City of Anaheim Backup Material YLWD_Well_21_Equipping_MMP_20150601.pdf IS/MND MMP Plan Backup Material Revised_Staff_Recommendation.docx Backup Material Distributed Less Than 72 Hours Prior to the Meeting Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/11/2015 RK/PH 5-0 Adopting the proposed mitigated negative declaration, finding that on the basis of the whole record (including the IES and comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the mitigated negative declaration reflects the Board of Directors' independent judgment and analysis. Approving the proposed project and adopting the Mitigation and Monitoring Program; and authorizing staff to file a Notice of Determination for the Project. Declaring that the Board Secretary is the custodian of the documents and materials which constitute the record of proceedings upon which the Board's decision is based and such documents and materials will be at the District's headquarters. Yorba Linda Water District Reliable and Trusted Service for More Than 100 Years May 21, 2015 Susan Kim,AICP, LEED AP ND by email to: skim @anaheim.net Acting Principal Planner 200 S. Anaheim Blvd. Anaheim, CA 92805 Subject: Initial Study/Mitigated Negative Declaration for the Wellhead Equipping for Well No. 21 & Richfield Road Pipeline Project Dear Ms. Kim, Thank you and the City of Anaheim (COA) staff for providing a review and comments for the above- referenced document. The following are the Yorba Linda Water Department (YLWD) responses to the City of Anaheim's comment letter dated March 9, 2015: Public Utilities Department: Electrical Engineering Division City of Anaheim commenter: Nam Nguyen COA Comment: 1. Please note that per map EM154, there are 12KV overhead facilities in the Immediate vicinity of the project. YLWD Response: The location of the 12KV overhead facilities has been noted. YLWD is working with COA's Jason Rilloraza for the installation of a pad mounted transformer for the wellhead facilities that will receive power from said 12KV overhead facilities. COA Comment: 2. Protect all overhead and underground structures in place and maintain proper working clearance per GO95 and GO128. It is the developer's responsibility to ascertain ALL existing overhead electrical facilities including street lights and protect in-place or relocate per APU Electrical Engineering Construction Standards at the developer's expense. If relocation or removal of existing facilities is required,the developer must contact Electrical Engineering (714) 765-4211 for assistance. YLWD Response: This information has been noted. Public Utilities Department: Environmental Services Division City of Anaheim commenter: Marie Newland COA Comment: 3.Section 2.0—Project Description: Recommend additional photos and diagrams of the proposed project in order to provide reviewer a better perspective of the project site; e.g., the document didn't identify the location of Conrock Basin. YLWD Response: The project site location and OCWD's Conrock Basin location are shown on Figure 2- 2-Local Vicinity Map and Land Use. Figure 2-2- Local Vicinity Map and Land Use is attached. Page 1 of 5 1717 E. Miraloma Avenue Placentia,CA 92870 714-701-3100 714-701-3108 Fax COA Comment: 4. Section 4.3—Air Quality,Table 4.3-1 "Ambient Air Status of the South Coast Air Basin". The Federal PM10 status of"Non-Attainment" needs to be updated to "Attainment/Maintenance". Per CARB's website,the status was changed as of July 26, 2013. YLWD Response: Section 4.3—Air Quality, Table 4.3-1 has been revised per the stated recommendation. Public Utilities Department: Water Engineering Division City of Anaheim commenter: Sara Mathis COA Comment: 5. Sections 2.0—6.0: Change the terms "open water reservoirs" and "reservoirs" to "groundwater recharge basins". YLWD Response: Per the stated recommendation, the terms "open water reservoirs"and "reservoirs" have been replaced with "groundwater recharge basins". COA Comment: 6. Section 2.2—Project Location: Last paragraph—The well is located within the OCWD's maintenance yard,which is in the City of Anaheim. It is not located in the City of Anaheim's maintenance yard. YLWD Response: Per the stated recommendation, the described location of the well site in Section 2.2 has been changed from the "City of Anaheim's maintenance yard"to "OCWD's maintenance yard". COA Comment: 7. Section 2.3—Project Background: The District proposes to equip the well at 3,000 GPM. Did the original well permit and NO] contemplate this flow rate?The City of Anaheim has existing water production wells in the area and future ones planned in its CIP. The District shall provide Anaheim with hydrogeologic and groundwater modeling data that show the equipping of this well at 3,000 GPM will not impact the existing and future water levels or production rates of existing and future City of Anaheim wells located within the vicinity of this project. YLWD Response: YLWD has provided a COA staff with hydrogeologic study, conducted by CDM, which concludes that the proposed YLWD Well21 pumping at 3,000 GPM will have negligible impact on the nearest COA well 52. This hydrogeologic study(titled: YLWD Well 21 Drowdown Calculations) is attached. COA Comment: S. Section 2.4—Project Components, Discharge Pipeline: (i) Please provide the plan and profile location of the proposed untreated water discharge pipeline in La Palma Avenue. The City of Anaheim operates and maintains a high pressure water steel transmission main in La Palma Avenue. During design of the untreated water discharge pipeline, the District shall submit plans to Anaheim for review and approval of the proposed plan and profile location. The untreated water discharge pipeline shall be designed to maintain the required horizontal and vertical separations from Anaheim's water main, per the City of Anaheim's standards and the State's Division of Drinking Water standards. Also, is there an existing untreated water pipeline in Richfield Road that will be abandoned with this project? (ii) Please provide the location of the District's Headquarter chlorination facility. (iii) Reference is made to future well tie-ins in the area. Please describe the Page 2 of 5 locations of these future wells.The City of Anaheim has existing water production wells in the area and future ones planned in its CIP.The District's future wells shall be located to not impact the existing and future water levels or production rates of City of Anaheim wells. YLWD Response: (i) The Plan and Profile Design Sheet W-1 is attached to this letter for review. Per the plans, the proposed pipeline crosses the COA's "high pressure"18-inch water main at about 5-feet below the main, satisfying the COA and SWRCB separation standards. No YLWD mains will be abandoned at the intersection of Richfield Road and La Palma Avenue for this project. (ii) The location of the District's Headquarter Chlorination injection facility is shown on attached Figure 2-2-Local Vicinity Map and Land Use. (iii) The location of the proposed future YLWD Well 22. Is shown on attached Figure 2-2 -Local Vicinity Map and Land Use. The location of the other intended future wells in this area are unknown at this time. COA Comment: 9. Section 2.4—Project Components, Well Pump Motor: Pump selection would be based on flow rate and TDH values. YLWD Response: Section 2.4 Project Components, Well Pump Motor has been revised per the stated recommendation. COA Comment: 10. Section 2.6—Project Schedule: Please update the dates of construction of the equipping improvements; the document states 2014. YLWD Response: Section 2.6 Project Schedule, has been updated to "2015"per the stated recommendation. COA Comment: 11. Section 4.1—Aesthetics: Please advise if the well will be cleared of gravel on start-up. YLWD Response: The well is only expected to clear some settled silt upon start-up, not gravel. Section 4.1—Aesthetics has been revised. COA Comment: 12. Section 4.6—Geology&Soils: The proposed untreated water discharge pipeline will be located within a liquefaction and strong seismic ground shaking zone. Measures such as earthquake resistant pipe material design should be considered in the pipeline design to mitigate the potential of pipeline failure in the proximity of the City of Anaheim's high pressure water transmission main in La Palma Avenue. YLWD Response: YLWD has taken this into consideration and concludes that the proposed welded cement mortar lined and coated steel pipe with a minimum steel wall thickness of 0.25"will have sufficient resistance towards ground movement. Public Works Department:Traffic Engineering Division City of Anaheim commenter: Rafael Cobain COA Comment: 13.Table 4.16-5 - Existing and Buildout Conditions. Richfield is two lanes in Anaheim, and has two southbound and one northbound lane in Placentia.The City of Anaheim's segment falls within the segment titled "South of Orangethorpe". Within the City of Anaheim's segment, the table identifies Richfield as a 4-Lane Undivided (4U) roadway under both Existing and Buildout, when it is actually an existing 2-Lane Undivided (2U) and 4-Lane Undivided roadway at buildout in 2035. Page 3 of 5 The current capacity should be 12,500. Additionally,the Buildout (which is 2025 and not our 2035 Buildout) is shown as 11,000. Our General Plan projections for 2035 forecast a volume of 21,400 with a volume to capacity ratio of 1.71.The table and analysis should be revised to show the correct roadway classification, capacity, and forecasted volumes within the City of Anaheim. YLWD Response: The table and analysis has been revised to show the correct roadway classification, capacity and forecasted volumes within the City of Anaheim. Public Works Department: Development Services, Subdivision City of Anaheim Commenter: Shawn Azarhoosh COA Comment: 14. Section 4.17.1 Utilities and Service Systems, Setting- Please add the following services in the project vicinity:Anaheim Public Works—Storm Water and Anaheim Public Works—Wastewater. YLWD Response: Section 4.17.1 Utilities and Service Systems,Setting has been the revised perstated recommendation. Public Works Department: Capital Programs, Sewer and Storm Drains Division City of Anaheim Commenter: Shawn Azarhoosh COA Comment: 15. YLWD should account for all applicable master plans for Storm Drainage and Sanitary Sewers for the project area in the City of Anaheim. The Master Plans are available on the Public Works- Design Services section of the City's website. YLWD Response: YLWD has noted the master plans for Storm Drainage and Sanitary Sewers Public Works Department: Operations/Sanitation Division City of Anaheim Commenter: Shawn Azarhoosh COA Comment: 16. Section 4.17.1—For City of Anaheim, add "Republic Services—recycling and solid waste collection, transfer, and disposal services". For City of Placentia, correct to "Placentia Disposal dba Republic Services—recycling and solid waste collection, transfer, and disposal services". For both cities, remove "Waste Management of Orange County—solid waste disposal service". YLWD Response: Section 4.17.1 has been revised per the stated recommendation. Planning Department: Planning Services Division City of Anaheim Commenter: Christine Saunders COA Comment: 16. Section 4.5.1—It appears that the wrong date is attributed to the Cultural Resources Study; additional references to the study indicate that it was completed in 1993,which would be consistent with the Cultural Resources Study prepared for the Northeast Area Specific Plan Environmental Impact Report. YLWD Response: Section 4.5.1 has been revised per the stated recommendation. Page 4 of 5 If you have any questions regarding this response letter you may call me at 714-701-3115. Sincerely, Alex Thomas, P.E. Water Quality Engineer Cc: Steve Conklin Attachments: COA Comment Letter Dated March 9, 2015 Figure 2-2 Local Vicinity Map and Land Use YLWD Well 21 Drawdown Calculations Sheet W-1 Richfield Road Pipeline Drawings Page 5 of 5 City of Anaheim PLANNING DEPARTMENT March 9, 2015 Alex Thomas, PE by email to: athomas @ylwd.com Water Quality Engineer Yorba Linda Water District 1717 E. Miraloma Avenue Placentia, CA 92870 Subject: Initial Study/Mitigated Negative Declaration for the Wellhead Equipping for Well No. 21 & Richfield Road Pipeline Project Dear Mr. Thomas: Thank you for the opportunity to review and comment on the above-referenced document. City of Anaheim staff offers the following comments: Public Utilities Department: Electrical Engineering Division Please contact Nam Nguyen at 714-765-5122 or nnguyenganaheim.net with questions pertaining to this section. 1. Please note that per map EM 154, there are 12KV overhead facilities in the immediate vicinity of the project. 2. Protect all overhead and underground structures in place and maintain proper working clearance per GO95 and GO128. It is the developer's responsibility to ascertain ALL existing overhead electrical facilities including street lights and protect in-place or relocate per APU Electrical Engineering Construction Standards at the developer's expense. If relocation or removal of existing facilities is required, the developer must contact Electrical Engineering (714) 765-4211 for assistance. Public Utilities Department: Environmental Services Division Please contact Marie Newland at 714-765-4166 or mnewland(a�anaheim.net with questions pertaining to this section. 3. Section 2.0— Project Description: Recommend additional photos and diagrams of the proposed project in order to provide reviewer a better perspective of the project site; e.g., the document didn't identify the location of Conrock Basin. 4. Section 4.3 — Air Quality, Table 4.3-1 "Ambient Air Status of the South Coast Air Basin". The Federal PM10 status of"Non-Attainment" needs to be updated to "Attainment/Maintenance". Per CARB's website, the status was changed as of July 26, 2013. 200 S.Anaheim Blvd. Suite#162 Anaheim,CA 92805 Tel: (714)765-5139 Fax:(714)765-5280 www.anaheim.net Alex Thomas March 9, 2015 Page 2 of 4 Public Utilities Department: Water Engineering Division Please contact Sara Mathis at 714-765-4298 or smathis(a.,anaheim.net with questions pertaining to this section. 5. Sections 2.0 — 6.0: Change the terms "open water reservoirs" and "reservoirs" to "groundwater recharge basins". 6. Section 2.2 — Project Location: Last paragraph — The well is located within the OCWD's maintenance yard, which is in the City of Anaheim. It is not located in the City of Anaheim's maintenance yard. 7. Section 2.3 — Project Background: The District proposes to equip the well at 3,000 GPM. Did the original well permit and NOI contemplate this flow rate? The City of Anaheim has existing water production wells in the area and future ones planned in its CIP. The District shall provide Anaheim with hydrogeologic and groundwater modeling data that show the equipping of this well at 3,000 GPM will not impact the existing and future water levels or production rates of existing and future City of Anaheim wells located within the vicinity of this project. 8. Section 2.4—Project Components, Discharge Pipeline: (i) Please provide the plan and profile location of the proposed untreated water discharge pipeline in La Palma Avenue. The City of Anaheim operates and maintains a high pressure water steel transmission main in La Palma Avenue. During design of the untreated water discharge pipeline, the District shall submit plans to Anaheim for review and approval of the proposed plan and profile location. The untreated water discharge pipeline shall be designed to maintain the required horizontal and vertical separations from Anaheim's water main, per the City of Anaheim's standards and the State's Division of Drinking Water standards. Also, is there an existing untreated water pipeline in Richfield Road that will be abandoned with this project? (ii) Please provide the location of the District's Headquarter chlorination facility. (iii) Reference is made to future well tie-ins in the area. Please describe the locations of these future wells. The City of Anaheim has existing water production wells in the area and future ones planned in its CIP. The District's future wells shall be located to not impact the existing and future water levels or production rates of City of Anaheim wells. 9. Section 2.4 — Project Components, Well Pump Motor: Pump selection would be based on flow rate and TDH values. 10. Section 2.6 — Project Schedule: Please update the dates of construction of the equipping improvements; the document states 2014. 11. Section 4.1 —Aesthetics: Please advise if the well will be cleared of gravel on start-up. 12. Section 4.6 — Geology & Soils: The proposed untreated water discharge pipeline will be located within a liquefaction and strong seismic ground shaking zone. Measures such as earthquake resistant pipe material design should be considered in the pipeline design to Alex Thomas March 9, 2015 Page 3 of 4 mitigate the potential of pipeline failure in the proximity of the City of Anaheim's high pressure water transmission main in La Palma Avenue. Public Works Department: Traffic Engineering Division Please contact Rafael Cobain at 714-765-4991 or rcobianganaheim.net with questions pertaining to this section. 13. Table 4.16-5 - Existing and Buildout Conditions. Richfield is two lanes in Anaheim, and has two southbound and one northbound lane in Placentia. The City of Anaheim's segment falls within the segment titled "South of Orangethorpe". Within the City of Anaheim's segment, the table identifies Richfield as a 4-Lane Undivided (4U) roadway under both Existing and Buildout, when it is actually an existing 2-Lane Undivided (2U) and 4-Lane Undivided roadway at buildout in 2035. The current capacity should be 12,500. Additionally, the Buildout (which is 2025 and not our 2035 Buildout) is shown as 11,000. Our General Plan projections for 2035 forecast a volume of 21,400 with a volume to capacity ratio of 1.71. The table and analysis should be revised to show the correct roadway classification, capacity, and forecasted volumes within the City of Anaheim. Public Works Department: Development Services, Subdivision Please contact Shawn Azarhoosh at 714-765-5054 or sazarhoosh(cr,anahiem.net with questions pertaining to the following comments 14, 15, and 16. 14. Section 4.17.1 Utilities and Service Systems, Setting - Please add the following services in the project vicinity: Anaheim Public Works — Storm Water and Anaheim Public Works—Wastewater. Public Works Department: Capital Programs, Sewer and Storm Drains Division 15. YLWD should account for all applicable master plans for Storm Drainage and Sanitary Sewers for the project area in the City of Anaheim. The Master Plans are available on the Public Works - Design Services section of the City's website. Public Works Department: Operations/Sanitation Division 16. Section 4.17.1 — For City of Anaheim, add "Republic Services — recycling and solid waste collection, transfer, and disposal services". For City of Placentia, correct to "Placentia Disposal dba Republic Services — recycling and solid waste collection, transfer, and disposal services". For both cities, remove "Waste Management of Orange County— solid waste disposal service". Planning_Department: Planning Services Division Please contact Christine Saunders at 714-765-5238 or csaunders(?anaheim.net with questions pertaining to this section. 17. Section 4.5.1 — It appears that the wrong date is attributed to the Cultural Resources Study; additional references to the study indicate that it was completed in 1993, which would be consistent with the Cultural Resources Study prepared for the Northeast Area Specific Plan Environmental Impact Report. Alex Thomas March 9, 2015 Page 4 of 4 Please forward any subsequent public notices regarding this project to my attention at the address listed at the bottom of the first page of this letter. If you have any questions regarding this response, please do not hesitate to contact Christine Saunders at (714) 765-5238 or csaunders@anaheim.net or me at(714) 765-4958 or skim ,anaheim.net. Sincerely, Susan Kim, AICP, LEED AP ND Acting Principal Planner Cc: Christine Saunders, Planning Department Marie Newland, Public Utilities Department Nam Nguyen, Public Utilities Department Sara Mathis, Public Utilities Department Rafael Cobain, Public Works Department Shawn Azarhoosh, Public Works Department LW D' - F,w J� % BARCELI CSR W. _ I �A.MAIt1tEClR _ EXISTING 30"0 WATERLINE , I 1 � 1-L J1 ` CHLORINE PRODUCTION; wLf 11 W, �AESTEIA -A NE SIP E'.ET1 A.LAINi I. Wf •� - BUILDING ;, L61 r-, - I ( Wj i Z H Z_ In: / W' J / zl z i l r 1 MU NR r - W I jr I , w� S z u�i oa W C/TYOF-PLAVENT/A _ CITY OF ANAME-1 1 1 i I t O-L 1-L C-GC a, 16"0 WATER •G --_,__. CONVEYANCE PIPE �{ - WITH 15'WIDE EASEMENT I C E LA PALMA AVENUE -- T -— 1 -- -- ---- - I C.00 1 L I C-OC I _ OS-P -� -_ - --I (2)DISCHARGE PIPELINES I FUTURE WELL NO.22 LOCATION 21 LOCATION f Os-W i W Conrock Basin j V i a i i % �' C 1 Z 11 C-GC ,Le-end:-------- —Proposed Water Pipeline((Approximate) OS-P with Proposed diameter(2J) / OS-W -Existing Water Pipeline Segment (Approximate) , REFERENCE: AERIAL IMAGE OBTAINED FROM A LICENSED VERSION OF GOGGLE EARTH DATED APRIL 18, 2013 AND IS APPROXIMATE.LAND USE BOUNDARIES OBTAINED FROM THE CITY OF ANAHEIM AND ARE APPROXIMATE.CITY OF PLACENTIA LAND USE BOUNDARIES WERE DIGITIZED USING CITY LAND USE MAP AND ARE APPROXIMATE. OS-PG, City of Anaheim General Plan Use R-L Residential-Low I R-LM I Residential-Low Medium C-GC General Commercial O-L Office-Low THOUSAND OAKS,CALIFORNIA MU NR Mixed Use-Non Residential MU Mixed Use RR Railroad I I-L i Industrial OS-P Parks OS-W I Water C-NC Neighborhood Center I P-I Public-Institutional City of Placentia General Plan Use Industrial LDR Low Residential SP I Specific Plan I r I / OS-P MU // XNvTATE SCALE W FEET Fj N arranty made by Stant s to a accurary,reliability o pl ten f these data O g tlat a comp led fromi f' lou sources.This inforrination may not meet Nabonal Map Accuracy Standards.This prod ct developed electronically,and was may be updated lhout noliT hwuon.Any reprod ctio ay result in a loss of scale and or information. FIGURE: LOCAL VICINITY MAP I �_� AND LAND USE CHECKED BY: APPROVED BY DATE: EJ 05105!15 FOR: Stantec WELLHEAD EQUIPPING OF WELL NO.21 YORBA LINDA WATER DISTRICT 290 CONEJO RIDGE AVENUE THOUSAND OAKS,CALIFORNIA JOB NUMBER: DRAWN BY: PHONE:(805)230-1266 FAX:(805)230-1277 2042496800 JBL Linda Water Dist\Well#21\GPU-WITH-PIPELINE.dwgUile7ermanlMay 05,2015 at 15:381Lavout:8.5x11 FIGURE: LOCAL VICINITY MAP I �_� AND LAND USE CHECKED BY: APPROVED BY DATE: EJ 05105!15 Client: Yorba Linda Water District Job#: 98319.DN.SPEC Calc By: Mike Hoffman, PG, CHG Project: YLWD Well 21 CHK By/Date: M. Smith, PG, March 3, Date: March 3, 2015 2015 RVW By/Date: M. Smith, PG, March 3, 2015 YLWD Well 21 Drawdown Calculations 1.0 Purpose/Objective As part of the well permitting process,the City of Anaheim requested a drawdown analysis to estimate the effects of the new YLWD Well 21 on their existing wells. The distance from the YLWD Well 21 to the nearest City of Anaheim well,Well 52, is approximately 5,057 feet(0.96 miles). 2.0 Procedure The Theis equation was used to estimate drawdown at the closest City of Anaheim well. 3.0 References/Data Sources The transmissivity and storativity values used are based on the pumping tests performed on Well 19 in December 2004. The analysis is based on the nonequilbrium Theis equation. 4.0 Assumptions Includes: • T=10,000 ft2/day which was obtained from the pumping test on Well 19. • S=0.0023 which is the average storativity from the aquifer tests. • The Theis equation does not assume that recharge would be occuring so it is a very conservative estimate. 5.0 Calculations Define the well function: Radius r := 5057 • ft 00 Storativity §1:= .0023 —u ,w,.,ti,(u) e 2 W := J u du Transmissivity T:= 1.09 104• � U y time ime := 365• day U r2• S discharge Q := 3000• gpm :_ 4• T• time drawdown := Q • W(U) 4 • -r• T drawdown = 22.7075 ft MathCAD V14 Saved 3/5/201511:31 AM Page 1 P:\2351-YLWD\We11s 20 and 21\Well 21 Client: Yorba Linda Water District Job#: 98319.DN.SPEC Calc By: Mike Hoffman, PG, CHG Project: YLWD Well 21 CHK By/Date: M. Smith, PG, March 3, Date: March 3, 2015 2015 RVW By/Date: M. Smith, PG, March 3, 2015 dd(time_l) := Q • W r 2 s 1 49 -a* T 4• T• time_1 � dd(1 • day) = 0.4803 ft 1 • day,2• day.. 365• day Drawdown versus Time 30 20 c 0 3 p 10 0 0 100 200 300 Time of Pumping (Days) 6.0 Conclusions/Results The Theis nonequalibrium equation was used to estimate the drawdown effects of pumping YLWD Well 21 on the closest City of Anaheim well (Well 52). After 30 days of pumping Well 21 at a pumping rate of 3,000 gpm the calculated drawdown at Well 52 is estimated to be approximately 11.4 feet. After 1 year of continuous pumping, the drawdown at Well 52 is estimated to be 22.7 feet. However,it should be noted that the Theis equation does not assume recharge is occuring and these wells are located in the forebay area which is the recharge area for the Orange County Groundwater Basin so therefore with the recharge from the Santa Ana River and the recharge basins the drawdown is expected to be negligible at Well 52 as a result of pumping Well 21. Further support that Well 21 will have no impact on Well 52 is demonstrated by the fact that operating YLWD Well 20 at 3,000 gpm, installed in 2010, has no impact on the YLWD wellfield wells located approximately 2,800 feet to the north on Richfield Road. 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I I '1Z-M US I1NIA aid S1NKM 03013M NIYA(O91 SVIO)3d1d-S DAIWO.91-0 1 i :S31ON NOIlo(1HiSN00 ao +9 oo+s oo+R ao+E oo+z sINX»TM avM ' 9L0.SsiMCMNt'Nm OBl SSVp Swpr TIY OL3M 3dld 13115 DtL9a'YtD.sz do n oo'osL.lallaLSNOO i 1, � 9LLD1 a I cn _ - — om SRZ 00 Cf) I y L9£0'D�S i�Fa i i m m a .. __. -95Z- I ZZ00'O-S ZZ00'O--S oa9rnvDx3 Dl xo19d 1Dw mx uva oM`NwM wore lrw OMl 15V31 lV7 '1JT.5 11 AVld J,ZI IQ �6wM w��D LIP S 3AtrA AVtl 9L _ Z6 Y6—o 0 tlJ.S e I 1� r - N SL'I6+0 V15 m Mo.9l(3) ,r M/N Itld ' Id 30aYH0510 T3M 1531 T3315 3nOw3a i0S'09+D'tlJs d1SNOJ NI'J3B ! 1N3W3tY3 oMU Sl M3 ' S'L (ZZ-6WZ 1:idALL OJ)Y I" , (Sa3Hlpp AB) 3dld 3DNV1YJ lZ M3N N 'ON T3M.9l I I • oo+t S53MXMLL~'WIQScwt s9m) 3dld T33L5 Dvm•MO.9L do 31 L9;x IDna15NW sez 33 3aM 30tlYHJ510 91 .91 Xi 94Z r£oD'D-s 'o-szsyD.o-. - Da5 95Z I Im j ' 0 9 3dld i0 3t tl3M 3NMD DNLL51X3 I 9=„l •lain - ,OZ=„L 'ZINOH AY ^J D1 1J3N�NOJ 0 NOI1of1L 95Z YORBA LINDA WATER DISTRICT WELLHEAD EQUIPPING FOR WELL NO. 21 & RICHFIELD RD. PIPELINE PROJECT IS/MND Mitigation and Monitoring Program (MMP) MMP IS/MND Impacts IS/MND Responsibility[&0 Implementation No. Section/ Mitigation Measure Verification Process Schedule Resource Biological Resources 1 4.4 The Project site does not support migratory B10-1: Avoid Disturbance to Nesting Birds.The Yorba Linda Water Surveys prior to Biological fish or wildlife. However, nesting birds can most effective way to avoid impacts to nesting District to confirm construction Resources be adversely affected from noise or human birds and comply with the Migratory Bird Treaty contractor or consultant and/or tree activity generated during construction, Act (MBTA) is to undertake the construction of conducts necessary removal. resulting in decreased reproductive success the Project during non-nesting (or non- surveys (if seasonally or abandonment of a nest or an area breeding) season (October-January). If this is required). defined as nesting habitat. These adverse not feasible,the alternative is to carry out the Documentation and effects, if it occurs,would result in violation construction under the supervision of a results of nesting bird of the Migratory Bird Treaty Act (MBTA), qualified biologist.This will entail: surveys must be which would be considered a significant submitted to Yorba Linda impact.The Well No.21 Project site includes Pre-construction surveys prior to vegetation Water District prior to trees and shrubs along the perimeter removal performing activity fencing that could provide nesting habitat requiring survey. for migratory bird.Construction activity at A pre-construction nesting bird survey will be the Well No.21 site would include conducted by a qualified biologist within a construction of a transformer and electrical week of initiating ground disturbance pad,secondary electrical conduits, activities. The survey shall consist of full communication line,well pump system, coverage of the proposed Project footprint and a segment of water pipeline.These and up to a 300-foot buffer. The buffer will be activities have the potential to directly determined by the biologist and will take into impact nesting birds, particularly if activity account the species nesting in the area and occurs within nesting bird season.Adverse the habitat present. If no active nests are impacts to migratory nesting birds must be found, no additional measures are required. If avoided in order to comply with the "occupied" nests are found,the nest locations provisions of the MBTA. Incorporating shall be mapped by the biologist, utilizing GPS Mitigation Measure BIO-1 is expected to equipment. The nesting bird species,and,to reduce potential impacts to less than the degree feasible,the nesting stage will be significant levels. As such,the proposed documented (e.g., incubation of eggs, Project impacts to migratory birds would be feeding of young, near fledging). The biologist less than significant with mitigation shall establish a no-disturbance buffer around incorporated. each active nest. The buffer will be determined by the biologist based on the species present and surrounding habitat. No 1 D MMP IS/MND Impacts IS/MND Responsibility[&& Implementation No. Section/ Mitigation Measure Verification Process Schedule Resource construction or ground disturbance activities shall be conducted within the buffer until the biologist has determined the nest is no longer active and has informed the construction supervisor that activities may resume. Pre-construction surveys prior to tree removal Immediately prior to the removal of any trees, a pre-construction nesting bird survey shall be conducted by a qualified biologist. Preferably, this survey shall be conducted within three days prior to tree removal. If no active nests are found, no additional measures are required and the removal of the tree can proceed.If "occupied" nests are found,the nest locations shall be mapped by the biologist, utilizing GPS equipment. The biologist shall establish a "no-disturbance" buffer around each active nest. No trees shall be removed or construction resume until the biologist has determined the nest is no longer active and has informed the construction supervisor activities may resume. Hazards and Hazardous Materials 2 Section 4.8 Construction activities associated with the HAZ-1: Spill Prevention and Clean-up Best Contractor shall prepare Prior to Hazards proposed Project would use relatively small Management Practices. In order to reduce the and submit a Spill construction and and quantities of hazardous substances in the potential for materials and pollutants Prevention and Clean-up during Hazardous operation of equipment and vehicles. associated with construction to be discharged Best Management construction. Materials Construction vehicles onsitemay require to the environment,the Project Proponent will Practices Plan for Yorba refueling or maintenance that could result implement the following: Linda Water District in minor releases of oil,diesel fuel, review and approval transmission fluid,or other materials. The a) Containment and cleanup prior to initiating potential for the release of these materials is equipment (e.g., absorbent pads, construction.The Plan considered low; and, even if a release were mats,socks,granules,drip pans, shall,at minimum, to occur,it would not result in a significant shovels,and lined clean drums) address the requirements hazard to the public,surrounding uses,or will be at the staging areas and of Mitigation Measure the environment due to the small quantities construction site for use,as HAZ-1. Contractor shall of these materials associated with needed. comply with Plan construction vehicles. However,to ensure b) Staging areas where refueling, throughout construction the Project area is kept clean and free of storage,and maintenance of with Yorba Linda Water 2 i MMP IS/MND Impacts IS/MND Responsibility[&& Implementation No. Section/ Mitigation Measure Verification Process Schedule Resource hazards during construction,the Project equipment occur will not be District oversight. Proponent would implement Mitigation located within 100 feet of water Measure HAZ-1 described below. As such, source to reduce the potential for Project impacts resulting in significant contamination by spills. hazard to the public or the environment c) Construction equipment will be through foreseeable upset and accident maintained and kept in good conditions involving the release of operating condition to reduce the hazardous materials into the environment likelihood of line breaks or would be less than significant with leakage. mitigation incorporated. d) No refueling or servicing will be done without absorbent material (e.g.absorbent pads, mats,socks, pillows,and granules) or drip pans underneath to contain spilled material. If these activities result in an accumulation of materials on the soil,the soil will be removed and disposed of properly. e) If a spill is detected,construction activity will cease immediately, and the Contractor will immediately react to safely contain and remove spilled materials. f) Spill areas will be restored to pre- spill conditions,as practicable. Spills will be documented and reported to the Lead Agency and appropriate resource agency personnel. Hydrology and Water Quality 3 4.9 Potential short-term surface water quality HYD-1: Implement Erosional Control and Contractor shall prepare Prior to Hydrology impacts related to Project construction Stormwater Quality Best Management and submit an Erosional construction and and Water activities include runoff of loose soils and/or Practices.The Project Proponent will Control and Stormwater during Quality construction wastes and fuels that could implement erosional control and best Quality Best construction. potentially flow into nearby storm drains or management practices including, but will not Management Practices Conrock Basin and result in polluting limited to,the following BMPs: Plan for Yorba Linda downstream water courses. To attenuate Water District review and potential impacts to surface runoff and a) Measures to trap sediment and approval prior to water quality standards,the proposed stabilize excavated soil; initiating construction. Project would be required to implement b Stabilize and reve etate disturbed The Plan shall,at 3 i MMP IS/MND Impacts IS/MND Responsibility[&& Implementation No. Section/ Mitigation Measure Verification Process Schedule Resource water quality best management practices areas,impacted during Project minimum,address the (BMPs) imposed to comply with the County construction; requirements of of Orange's Drainage Area Management c) Protective measures,such as use of Mitigation Measure HYD- Plan (DAMP) as well as Chapter 17.04 straw bales,coir rolls, hydroseeding, 1.Contractor shall Grading, Excavations, Fillings,Watercourse sandbags,visqueen and other BMP's comply with Plan of the City's Municipal Code. In addition, will be used in areas of bare soil,and throughout construction implementation of Mitigation Measure HYD- in drainages near all areas of with Yorba Linda Water 1 would reduce impacts on water quality disturbance,to reduce runoff District oversight. standards to less than significant. As a velocities and to prevent sediment result,impacts on water quality standards from entering drainages; would be less than significant with d) Regularly watering newly graded mitigation incorporated. areas and exposed dirt stockpiles; e) Properly containing and disposing of construction waste,including food waste; f) Inspecting and maintaining construction equipment and vehicles without fluid leaks;and g) Specifying appropriate areas for storage and equipment maintenance (i.e., away from streams or exposed soils) 4 i Material Distributed Less Than 72 Hours Prior to the Meeting ITEM NO. 7.1. Revised Staff Recommendation: 1) That the Board of Directors adopt the proposed mitigated negative declaration, finding that on the basis of the whole record before it (including the IES and comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the mitigated negative declaration reflects the Board of Directors’ independent judgment and analysis. 2) That the Board of Directors approve the proposed project and adopt the Mitigation and Monitoring Program; and authorize staff to file a Notice of Determination for the Project. 3) That the Board Secretary is the custodian of the documents and materials which constitute the record of proceedings upon which the Board’s decision is based and such documents and materials will be at the District’s headquarters. ITEM NO. 7.2 AGENDA REPORT Meeting Date: June 11, 2015 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Gina Knight, HR/Risk Manager Dept:Human Resources/Risk Management Reviewed by Legal:Yes Prepared By:Bryan Melton, Human Resources Analyst Subject:Adopting a Patient Protection and Affordable Care Act Policy STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 15-10 Adopting a Patient Protection and Affordable Care Act Policy. DISCUSSION: The Yorba Linda Water District is considered a "large employer" for the purposes of the Shared Responsibility Provisions (Section 4980H of Title 26 of the United States Code, the Internal Revenue Code) of the Patient Protection and Affordable Care Act. The District is also considered a "large employer" for the purposes of Section 6056 to Title 26 of the United States Code and, therefore, is subject to the reporting requirements referenced therein. The Internal Revenue Service will assess a penalty on the District if (1) it fails to offer "substantially all" of its full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage or offers coverage to "substantially all" of its full-time employees (and their dependents) that is either "unaffordable" or does not provide "minimum value" and (2) any full-time employee receives a subsidy for coverage through the exchange ("Employer Mandate"). Starting in 2016, the IRS will require the District to report the identity of, number of, and coverage offered to full-time employees, subject to certain potential alternative reporting. ATTACHMENTS: Name:Description:Type: Resolution_No._15-10_-_PP_and_ACA.pdf Resolution No. 15-10 Backup Material ACA_Policy.docx Policy Backup Material Revised_ACA_Policy.pdf Backup Material Distributed Less Than 72 Hours Prior to the Meeting Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/11/2015 MB/RK 5-0 Roll Call AS REVISED RESOLUTION NO. 15-10 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A PATIENT PROTECTION AND AFFORDABLE CARE ACT POLICY WHEREAS, the Yorba Linda Water District is considered a “large employer” for the purposes of the Shared Responsibility Provisions (Section 4980H of Title 26 of the United States Code, the Internal Revenue Code) of the Patient Protection and Affordable Care Act; and WHEREAS, the District is also considered a “large employer” for the purposes of Section 6056 to Title 26 of the United States Code and, therefore, is subject to the reporting requirements referenced therein. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The Board of Directors does hereby adopt a “Patient Protection and Affordable Care Act Policy” as attached hereto and by this reference incorporated herein. PASSED AND ADOPTED this 11th day of June 2015, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Ric Collett, President Yorba Linda Water District ATTEST: Marc Marcantonio, Board Secretary Yorba Linda Water District Resolution No. 15-10 Adopting the Patient Protection and Affordable Care Act Policy 1 Reviewed as to form by Labor Counsel: Connie Almond, Esq. Liebert Cassidy Whitmore LLP Resolution No. 15-10 Adopting the Patient Protection and Affordable Care Act Policy 2 931837.1 YO030-025Patient Protection and Affordable Care Act 1 Policies and Procedures Policy No.: 7010-015 Effective Date: June 11, 2015 Prepared By: Gina Knight, Human Resources/Risk Manager Delia Lugo, Finance Manager Applicability: District Wide POLICY: PATIENT PROTECTION AND AFFORDABLE CARE ACT 1.0 PURPOSE The Yorba Linda Water District (“District”) is considered a “large employer” for the purposes of the Shared Responsibility Provisions (Section 4980H of Title 26 of the United States Code, the Internal Revenue Code) of the Patient Protection and Affordable Care Act (“ACA”). The District is also considered a “large employer” for the purposes of Section 6056 to Title 26 of the United States Code and, therefore, is subject to the reporting requirements referenced therein. The Internal Revenue Service will assess a penalty on the District if (1) it fails to offer “substantially all” of its full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage or offers coverage to “substantially all” of its full-time employees (and their dependents) that is either “unaffordable” or does not provide “minimum value” and (2) any full-time employee receives a subsidy for coverage through the exchange (“Employer Mandate”). Starting in 2016, the IRS will require the District to report the identity of, number of, and coverage offered to, full-time employees, subject to certain potential alternative reporting. This Administrative Policy (“Policy”) establishes the “Look Back Measurement Method Safe Harbor” (“Look Back Safe Harbor”) under the ACA. The District establishes the Look Back Safe Harbor for purposes of identifying “full-time” employees for the IRS reporting requirements related to the Employer Mandate as to all employees. The District also establishes this Look Back Safe Harbor for the purpose of determining qualification for an offer of coverage as to all unrepresented employees. Unrepresented employees who are determined to be “full-time” under the Look Back Safe Harbor will qualify for an offer of coverage. Nothing in this Policy shall be construed as the District’s determination of eligibility for health coverage as to any represented employee. For all represented employees, 7010-015 Patient Protection and Affordable Care Act 2 qualification for health coverage shall continue to be governed by the terms of any applicable Memorandum of Understanding or other applicable contract. This Policy also establishes the Affordability Safe Harbors to determine affordability of coverage offered, if any, for the Employer Mandate and reporting requirements. 2.0 LOOK BACK MEASUREMENT METHOD SAFE HARBOR The District adopts the Look Back Safe Harbor in order to determine the Hours of Service of all employees. Hours of Service are measured during the specified measurement period, subject to the rules set forth hereunder. If the employee averages 30 Hours of Service per week over the course of the specified measurement period, the District will report to the IRS the employee’s status as full-time under the ACA for months during the stability period associated with that measurement period, subject to the following rules. Unrepresented employees who average 30 Hours of Service per week over the course of the specified measurement period, will receive an offer of coverage from the District during the associated stability period, subject to the rules set forth herein. If the District reports an employee to the IRS as full-time for purposes of the Employer Mandate, the employee does not become full-time for any other purpose. A. Hours of Service Calculation “Hours of Service” means each hour for which an employee is paid, or entitled to payment by the District for a period of time during which no duties are performed due to vacation, holiday, illness, incapacity (including disability), layoff, jury duty, military duty or leave of absence. The term “Hour(s) of Service” does not include any hour of services performed as a bona fide volunteer. 1. For Hourly Employees: The District will calculate actual Hours of Service from records of hours worked and hours for which payment is made or due. 2. For Non-Hourly Employees: The District will apply one of the following three methods on a reasonable and consistent basis. a. Calculate actual Hours of Service from records of hours worked and hours for which payment is made or due; b. Calculate Hours of Service using a days-worked equivalency (8 hours per day for each day employee is credited with an Hour of Service); or c. Calculate Hours of Service using a weeks-worked equivalency (40 hours per week for each week employee is credited with an Hour of Service). 7010-015 Patient Protection and Affordable Care Act 3 3. Bona fide Volunteer: The District is not required to determine Hours of Service for a bona fide volunteer. A bona fide volunteer is an individual whose only compensation from the District is in the form of (a) reimbursement (or reasonable allowance) for reasonable expenses incurred in the performance of volunteer service; or (b) reasonable benefits and nominal fees, customarily paid by similar entities in connection with the performance of services by volunteers. B. Ongoing Employees An ongoing employee is an employee who has been employed for at least one complete standard measurement period. The District establishes the Look Back Safe Harbor with regard to all ongoing employees as follows: Standard Measurement Period: November 2 through November 1 (starting November 2, 2013 and continuing each year thereafter) Administrative Period: November 2 through December 31 (starting November 2, 2014 and continuing each year thereafter) Stability Period: January 1 through December 31 (starting January 1, 2015 and continuing each year thereafter) If an ongoing employee’s employment status changes (from full-time to less than full-time or vice versa) before the end of a Stability Period, the change in status will not affect the classification of that employee’s status for the remaining portion of the Stability Period. C. New Employees Hired After November 2, 2013 For an employee hired after November 2, 2013, the District will determine which of the following applies: 1. New Seasonal Employees: An employee who is hired into a position for which the customary annual employment is six months or less is a seasonal employee. The District will measure a new seasonal employee’s Hours of Service using the initial measurement period indicated in Section E. 2. New Non-Seasonal Employees: On the start date of a new non-seasonal employee, the District will determine (based on the facts and circumstances at the employee’s start date) whether the employee is reasonably expected to be a full-time employee. The District will look at 7010-015 Patient Protection and Affordable Care Act 4 the following factors to determine whether an employee is reasonably expected to be a full-time employee: a. Whether the employee is replacing a full-time employee; b. Extent to which Hours of Service of ongoing employees in the same or comparable positions have varied above and below an average of 30 Hours of Service per week during recent measurement periods; c. Whether the job was advertised or communicated to the employee as requiring an average of 30 or more Hours of Service per week; d. Whether the job was documented (through a contract or job description) as requiring an average of 30 or more Hours of Service per week. No single factor is determinative. 3. New Full-Time Employees: If the District determines (pursuant to Section C.2.) that the employee is reasonably expected to average at least 30 Hours of Service per week, then the employee will be a full-time employee. The District will measure a new full-time employee’s Hours of Service on a monthly basis pursuant to Section D until the employee becomes an ongoing employee. Represented employees will be offered coverage, if any, as set forth in their applicable memoranda of understanding. Unrepresented employees will be offered coverage within 60 days if the District determines that the employee is reasonably expected to average at least 30 Hours of Service per week according to Section C.2. 4. New Part-Time Employees: If the District determines (pursuant to Section C.2.) that the employee is reasonably expected to average less than 30 Hours of Service per week during the initial measurement period, then the employee will be a part-time employee. The District will measure a new part-time employee’s Hours of Service using the initial measurement period indicated in Section E. 5. New Variable Hour Employees: If the District cannot determine (pursuant to Section C.2.) whether the employee is reasonably expected to be employed on average at least 30 Hours of Service per week during the initial measurement period because the employee’s hours are variable or uncertain, then the employee will be a variable hour employee. The District may not take into account the likelihood that the employee may terminate employment before the end of the initial measurement period when identifying a variable hour employee. The District will measure a 7010-015 Patient Protection and Affordable Care Act 5 new variable hour employee’s Hours of Service using the initial measurement period indicated in Section E. D. New Full-Time Employees New full-time employees are measured monthly until they become ongoing employees. The District must calculate actual Hours of Service for each calendar day of the month. If the employee averages at least 130 Hours of Service, the employee will be considered full-time for that month. E. New Variable Hour, New Seasonal, and New Part-Time Employees The District establishes the following periods for new variable hour, new seasonal, and new part-time employees: Initial Measurement Period: Twelve months (beginning on the first of the month following the new employee’s start date, unless the start date is the first of a calendar month in which case the period begins on the start date) Administrative Period: One month following the initial measurement period. Stability Period: Twelve months following the administrative period unless the new variable hour, new part-time or new seasonal employee does not measure as a full-time employee during the initial measurement period, then the stability period associated with the initial measurement period must not exceed the remainder of the standard measurement period (plus any associated administrative period). The District will use these periods with regard to represented employees only for IRS reporting purposes or, if necessary, determining potential penalties. The District will not use these periods to determine whether a represented employee qualifies for an offer of coverage, as that determination is made in the memorandum of understanding. The District will use these periods with regard to unrepresented employees to determine eligibility of coverage and for IRS reporting purposes. During the Administrative Period, the District will offer coverage to an unrepresented employee who averaged 30 or more Hours of Service over the course of an Initial Measurement Period, to become effective during the following Stability Period. The District will not offer coverage to 7010-015 Patient Protection and Affordable Care Act 6 unrepresented employees who average less than 30 Hours of Service over the course of an Initial Measurement Period. F. New Variable Hour, New Seasonal, or New Part-Time Employee’s Change in Status During Initial Measurement Period If a new variable hour, seasonal, or part-time employee’s position changes during the initial measurement period, and had the employee started his or her employment in that new position, the District would have reasonably expected that new employee to average at least 30 Hours of Service per week, then for purposes of identifying a full-time employee for reporting purposes only, an employee will be considered a full-time employee on the earlier of (1) the first day of the fourth full calendar month following the change in employment status, or (2) the first day of the first month following the end of that employee’s initial measurement period (including any associated administrative period) if the employee averaged 30 or more Hours of Service per week during the initial measurement period or earlier if required by law, an applicable Memorandum of Understanding, or policy or procedure. An unrepresented employee who is a new variable hour, part-time, or seasonal employee whose position changes during the initial measurement period, and had the employee started his or her employment in that new position, the District would have reasonably expected that new employee to average at least 30 Hours of Service per week, will be offered coverage within 60 days of starting in the new position. G. Transitioning from New to Ongoing Employee The District will measure the Hours of Service of a new variable hour, new seasonal, or new part-time employee during the first complete standard measurement period for which he/she is employed. This means that a new variable hour, new part-time or new seasonal employee’s status may be measured under an initial measurement period and, at the same time, be measured under the overlapping standard measurement period. 1. If an employee’s Hours of Service measure as full-time during the initial measurement period, he/she will retain full-time status for the entire associated stability period (even if the employee does not qualify as full- time during the first full standard measurement period). The District will offer coverage to an unrepresented employee whose Hours of Service measure as full-time during the initial measurement period to become effective at the start of the stability period associated with the initial measurement period. 2. If an employee’s Hours of Service do not measure as full-time during the initial measurement period, but do measure as full-time during the standard measurement period, the employee must be treated as full-time during the stability period associated with the standard measurement 7010-015 Patient Protection and Affordable Care Act 7 period (even if that stability period starts before the end of the stability period associated with the initial measurement period). The District will offer coverage to an unrepresented employee whose Hours of Service measure as full-time during the standard measurement period to become effective at the start of the stability period associated with the standard measurement period. H. Calculating Hours of Service Based on Payroll Periods Under the Look Back Safe Harbor The District may calculate hours based on payroll periods when calculating Hours of Service over any measurement period. It has two options for doing so. The District may exclude the entire payroll period that contains November 2 (the first day of the Standard Measurement Period), as long as it includes the entire payroll period that contains November 1 (the last day of the Standard Measurement Period). Alternatively, the District may exclude the entire payroll period that contains November 1 (the last day of the Standard Measurement Period), as long as it includes the entire payroll period that contains November 2 (the first day of the Standard Measurement Period). I. Breaks In Service When an employee experiences a break in service, the employee will retain the status the employee had previously with respect to any stability period, except that an employee will be treated as a new employee: 1. If the employee resumes employment after a period of at least 13 consecutive weeks with less than one Hour of Service; or 2. If the employee’s period of no service (measured in weeks) is at least four consecutive weeks long and exceeds the number of weeks of that employee’s period of employment immediately preceding the period of no service (after application of averaging Special Unpaid Leave as set forth in Section J). J. Special Unpaid Leave Special Unpaid Leave is defined only as unpaid leave under the Family and Medical Leave Act of 1993, unpaid leave under the Uniformed Services Employment and Reemployment Rights Act of 1994, or unpaid leave on account of jury duty. When an employee takes Special Unpaid Leave, the District will determine the weekly average Hours of Service by the employee for that portion of the measurement period that is not part of the Special Unpaid Leave (“Average Weekly Hours of Service”). The District will then determine, on a consistent basis, the average Hours of Service for the entire measurement period using one of the following two methods: 7010-015 Patient Protection and Affordable Care Act 8 1. Exclude the period of Special Unpaid Leave and apply the Average Weekly Hours of Service over the entire measurement period; or 2. Credit the Average Weekly Hours of Service to the period of Special Unpaid Leave. 3.0 AFFORDABILITY SAFE HARBORS The District intends to apply the Rate of Pay Safe Harbor to determine the affordability of the minimum essential coverage that it offers its full-time employees. The District in its sole discretion may also apply the Form W-2 Safe Harbor or Federal Poverty Line Safe Harbor. These affordability safe harbors will be applied on a uniform and consistent basis for all employees in a reasonable category. A. Rate of Pay Safe Harbor 1. The District measures whether the employee’s required premium contribution for the calendar month to the lowest cost self-only coverage that provides minimum value exceeds 9.5 percent of the monthly wage. 2. For hourly employees, the monthly wage is equal to 130 hours multiplied by the employee’s lowest hourly rate of pay as of the first day of the coverage period or the employee’s lowest hourly rate of pay during the calendar month, whichever is lower. 3. For salaried employees, the monthly wage is the monthly salary as of the first day of the coverage period. However, if the monthly salary is reduced, including due to a reduction in work hours, the safe harbor is not available. 4. The coverage offered by the District will be deemed affordable if the employee’s monthly premium contribution is equal to or less than 9.5 percent of the monthly wage. 4.0 REVISIONS/UPDATES TO ADMINISTRATIVE POLICY This Administrative Policy is subject to change as regulations and guidance are issued relating to the ACA. The Human Resources/Risk Manager, including his/her designee(s), may amend this Policy at his/her discretion. Legal Authority: Title 26 United States Code section 4980H, (Internal Revenue Code); Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8544 (Feb. 12, 2014); Title 26 United States Code section 6056, (Internal Revenue Code); Information Reporting by Applicable Large Employers on Health Insurance Coverage Offered Under Employer Sponsored Plans, 26 CFR Parts 301 and 602, 79 Fed. Reg. 13231 (March 10, 2014). 7010-015 Patient Protection and Affordable Care Act 9 5.0 EXHIBITS Exhibit A – Patient Protection and Affordable Care Act Acknowledgment Form APPROVED: __________________________________ ________________________ Marc Marcantonio Date General Manager 7010-015 Exhibit A 931837.1 YO030-025Patient Protection and Affordable Care Act Patient Protection and Affordable Care Act Policy Acknowledgement Form I acknowledge that I have received and read the provisions contained in this Patient Protection and Affordable Care Act Policy. I understand that it is my responsibility to consult my supervisor or the Human Resources Department if I have any questions that are not answered in the Policy. I also understand that the provisions in this Policy are guidelines and may not address all circumstances that may arise. In such cases, the Human Resources Department shall apply the Policy based on factors including but not limited to past practices and rules of statutory interpretation. ________________________________________ Employee Name (Printed) ________________________________________ Employee Signature ________________________________________ Date Distribution: Original: Personnel File Copy: Employee Patient Protection and Affordable Care Act 1 Policies and Procedures Policy No.: 7010-015 Effective Date: June 11, 2015 Prepared By: Gina Knight, Human Resources/Risk Manager Delia Lugo, Finance Manager Applicability: District Wide POLICY: PATIENT PROTECTION AND AFFORDABLE CARE ACT 1.0 PURPOSE The Yorba Linda Water District (“District”) is considered a “large employer” for the purposes of the Shared Responsibility Provisions (Section 4980H of Title 26 of the United States Code, the Internal Revenue Code) of the Patient Protection and Affordable Care Act (“ACA”). The District is also considered a “large employer” for the purposes of Section 6056 to Title 26 of the United States Code and, therefore, is subject to the reporting requirements referenced therein. The Internal Revenue Service will assess a penalty on the District if (1) it fails to offer “substantially all” of its full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage or offers coverage to “substantially all” of its full-time employees (and their dependents) that is either “unaffordable” or does not provide “minimum value” and (2) any full-time employee receives a subsidy for coverage through the exchange (“Employer Mandate”). Starting in 2016, the IRS will require the District to report the identity of, number of, and coverage offered to, full-time employees, subject to certain potential alternative reporting. This Administrative Policy (“Policy”) establishes the “Look Back Measurement Method Safe Harbor” (“Look Back Safe Harbor”) under the ACA. The District establishes the Look Back Safe Harbor for purposes of identifying “full-time” employees for the IRS reporting requirements related to the Employer Mandate as to all employees. The District also establishes this Look Back Safe Harbor for the purpose of determining qualification for an offer of coverage as to all unrepresented employees. Unrepresented employees who are determined to be “full-time” under the Look Back Safe Harbor will qualify for an offer of coverage. Nothing in this Policy shall be construed as the District’s determination of eligibility for health coverage as to any represented employee. For all represented employees, Backup Material Distributed Less Than 72 Hours Prior to the Meeting 7010-015 Patient Protection and Affordable Care Act 2 qualification for health coverage shall continue to be governed by the terms of any applicable Memorandum of Understanding or other applicable contract. This Policy also establishes the Affordability Safe Harbors to determine affordability of coverage offered, if any, for the Employer Mandate and reporting requirements. 2.0 LOOK BACK MEASUREMENT METHOD SAFE HARBOR The District adopts the Look Back Safe Harbor in order to determine the Hours of Service of all employees. Hours of Service are measured during the specified measurement period, subject to the rules set forth hereunder. If the employee averages 30 Hours of Service per week over the course of the specified measurement period, the District will report to the IRS the employee’s status as full-time under the ACA for months during the stability period associated with that measurement period, subject to the following rules. Unrepresented employees who average 30 Hours of Service per week over the course of the specified measurement period, will receive an offer of coverage from the District during the associated stability period, subject to the rules set forth herein. If the District reports an employee to the IRS as full-time for purposes of the Employer Mandate, the employee does not become full-time for any other purpose. A. Hours of Service Calculation “Hours of Service” means each hour for which an employee is paid, or entitled to payment by the District for a period of time during which no duties are performed due to vacation, holiday, illness, incapacity (including disability), layoff, jury duty, military duty or leave of absence. The term “Hour(s) of Service” does not include any hour of services performed as a bona fide volunteer. 1. For Hourly Employees: The District will calculate actual Hours of Service from records of hours worked and hours for which payment is made or due. 2. For Non-Hourly Employees: The District will apply one of the following three methods on a reasonable and consistent basis. a. Calculate actual Hours of Service from records of hours worked and hours for which payment is made or due; b. Calculate Hours of Service using a days-worked equivalency (8 hours per day for each day employee is credited with an Hour of Service); or c. Calculate Hours of Service using a weeks-worked equivalency (40 hours per week for each week employee is credited with an Hour of Service). Backup Material Distributed Less Than 72 Hours Prior to the Meeting 7010-015 Patient Protection and Affordable Care Act 3 3. Bona fide Volunteer: The District is not required to determine Hours of Service for a bona fide volunteer. A bona fide volunteer is an individual whose only compensation from the District is in the form of (a) reimbursement (or reasonable allowance) for reasonable expenses incurred in the performance of volunteer service; or (b) reasonable benefits and nominal fees, customarily paid by similar entities in connection with the performance of services by volunteers. B. Ongoing Employees An ongoing employee is an employee who has been employed for at least one complete standard measurement period. The District establishes the Look Back Safe Harbor with regard to all ongoing employees as follows: Standard Measurement Period: November 2 through November 1 (starting November 2, 2013 and continuing each year thereafter) Administrative Period: November 2 through December 31 (starting November 2, 2014 and continuing each year thereafter) Stability Period: January 1 through December 31 (starting January 1, 2015 and continuing each year thereafter) If an ongoing employee’s employment status changes (from full-time to less than full-time or vice versa) before the end of a Stability Period, the change in status will not affect the classification of that employee’s status for the remaining portion of the Stability Period. C. New Employees Hired After November 2, 2013 For an employee hired after November 2, 2013, the District will determine which of the following applies: 1. New Seasonal Employees: An employee who is hired into a position for which the customary annual employment is six months or less is a seasonal employee. The District will measure a new seasonal employee’s Hours of Service using the initial measurement period indicated in Section E. 2. New Non-Seasonal Employees: On the start date of a new non-seasonal employee, the District will determine (based on the facts and circumstances at the employee’s start date) whether the employee is reasonably expected to be a full-time employee. The District will look at Backup Material Distributed Less Than 72 Hours Prior to the Meeting 7010-015 Patient Protection and Affordable Care Act 4 the following factors to determine whether an employee is reasonably expected to be a full-time employee: a. Whether the employee is replacing a full-time employee; b. Extent to which Hours of Service of ongoing employees in the same or comparable positions have varied above and below an average of 30 Hours of Service per week during recent measurement periods; c. Whether the job was advertised or communicated to the employee as requiring an average of 30 or more Hours of Service per week; d. Whether the job was documented (through a contract or job description) as requiring an average of 30 or more Hours of Service per week. No single factor is determinative. 3. New Full-Time Employees: If the District determines (pursuant to Section C.2.) that the employee is reasonably expected to average at least 30 Hours of Service per week, then the employee will be a full-time employee. The District will measure a new full-time employee’s Hours of Service on a monthly basis pursuant to Section D until the employee becomes an ongoing employee. Represented employees will be offered coverage, if any, as set forth in their applicable memoranda of understanding. Unrepresented employees will be offered coverage within 60 days if the District determines that the employee is reasonably expected to average at least 30 Hours of Service per week according to Section C.2. 4. New Part-Time Employees: If the District determines (pursuant to Section C.2.) that the employee is reasonably expected to average less than 30 Hours of Service per week during the initial measurement period, then the employee will be a part-time employee. The District will measure a new part-time employee’s Hours of Service using the initial measurement period indicated in Section E. 5. New Variable Hour Employees: If the District cannot determine (pursuant to Section C.2.) whether the employee is reasonably expected to be employed on average at least 30 Hours of Service per week during the initial measurement period because the employee’s hours are variable or uncertain, then the employee will be a variable hour employee. The District may not take into account the likelihood that the employee may terminate employment before the end of the initial measurement period when identifying a variable hour employee. The District will measure a Backup Material Distributed Less Than 72 Hours Prior to the Meeting 7010-015 Patient Protection and Affordable Care Act 5 new variable hour employee’s Hours of Service using the initial measurement period indicated in Section E. D. New Full-Time Employees New full-time employees are measured monthly until they become ongoing employees. The District must calculate actual Hours of Service for each calendar day of the month. If the employee averages at least 130 Hours of Service, the employee will be considered full-time for that month. E. New Variable Hour, New Seasonal, and New Part-Time Employees The District establishes the following periods for new variable hour, new seasonal, and new part-time employees: Initial Measurement Period: Twelve months (beginning on the first of the month following the new employee’s start date, unless the start date is the first of a calendar month in which case the period begins on the start date) Administrative Period: One month following the initial measurement period. Stability Period: Twelve months following the administrative period unless the new variable hour, new part-time or new seasonal employee does not measure as a full-time employee during the initial measurement period, then the stability period associated with the initial measurement period must not exceed the remainder of the standard measurement period (plus any associated administrative period). The District will use these periods with regard to represented employees only for IRS reporting purposes or, if necessary, determining potential penalties. The District will not use these periods to determine whether a represented employee qualifies for an offer of coverage, as that determination is made in the memorandum of understanding. The District will use these periods with regard to unrepresented employees to determine eligibility of coverage and for IRS reporting purposes. During the Administrative Period, the District will offer coverage to an unrepresented employee who averaged 30 or more Hours of Service over the course of an Initial Measurement Period, to become effective during the following Stability Period. The District will not offer coverage to Backup Material Distributed Less Than 72 Hours Prior to the Meeting 7010-015 Patient Protection and Affordable Care Act 6 unrepresented employees who average less than 30 Hours of Service over the course of an Initial Measurement Period. F. New Variable Hour, New Seasonal, or New Part-Time Employee’s Change in Status During Initial Measurement Period If a new variable hour, seasonal, or part-time employee’s position changes during the initial measurement period, and had the employee started his or her employment in that new position, the District would have reasonably expected that new employee to average at least 30 Hours of Service per week, then for purposes of identifying a full-time employee for reporting purposes only, an employee will be considered a full-time employee on the earlier of (1) the first day of the fourth full calendar month following the change in employment status, or (2) the first day of the first month following the end of that employee’s initial measurement period (including any associated administrative period) if the employee averaged 30 or more Hours of Service per week during the initial measurement period or earlier if required by law, an applicable Memorandum of Understanding, or policy or procedure. An unrepresented employee who is a new variable hour, part-time, or seasonal employee whose position changes during the initial measurement period, and had the employee started his or her employment in that new position, the District would have reasonably expected that new employee to average at least 30 Hours of Service per week, will be offered coverage within 60 days of starting in the new position. G. Transitioning from New to Ongoing Employee The District will measure the Hours of Service of a new variable hour, new seasonal, or new part-time employee during the first complete standard measurement period for which he/she is employed. This means that a new variable hour, new part-time or new seasonal employee’s status may be measured under an initial measurement period and, at the same time, be measured under the overlapping standard measurement period. 1. If an employee’s Hours of Service measure as full-time during the initial measurement period, he/she will retain full-time status for the entire associated stability period (even if the employee does not qualify as full- time during the first full standard measurement period). The District will offer coverage to an unrepresented employee whose Hours of Service measure as full-time during the initial measurement period to become effective at the start of the stability period associated with the initial measurement period. 2. If an employee’s Hours of Service do not measure as full-time during the initial measurement period, but do measure as full-time during the standard measurement period, the employee must be treated as full-time during the stability period associated with the standard measurement Backup Material Distributed Less Than 72 Hours Prior to the Meeting 7010-015 Patient Protection and Affordable Care Act 7 period (even if that stability period starts before the end of the stability period associated with the initial measurement period). The District will offer coverage to an unrepresented employee whose Hours of Service measure as full-time during the standard measurement period to become effective at the start of the stability period associated with the standard measurement period. H. Calculating Hours of Service Based on Payroll Periods Under the Look Back Safe Harbor The District may calculate hours based on payroll periods when calculating Hours of Service over any measurement period. It has two options for doing so. The District may exclude the entire payroll period that contains November 2 (the first day of the Standard Measurement Period), as long as it includes the entire payroll period that contains November 1 (the last day of the Standard Measurement Period). Alternatively, the District may exclude the entire payroll period that contains November 1 (the last day of the Standard Measurement Period), as long as it includes the entire payroll period that contains November 2 (the first day of the Standard Measurement Period). I. Breaks In Service When an employee experiences a break in service, the employee will retain the status the employee had previously with respect to any stability period, except that an employee will be treated as a new employee: 1. If the employee resumes employment after a period of at least 13 consecutive weeks with less than one Hour of Service; or 2. If the employee’s period of no service (measured in weeks) is at least four consecutive weeks long and exceeds the number of weeks of that employee’s period of employment immediately preceding the period of no service (after application of averaging Special Unpaid Leave as set forth in Section J). J. Special Unpaid Leave Special Unpaid Leave is defined only as unpaid leave under the Family and Medical Leave Act of 1993, unpaid leave under the Uniformed Services Employment and Reemployment Rights Act of 1994, or unpaid leave on account of jury duty. When an employee takes Special Unpaid Leave, the District will determine the weekly average Hours of Service by the employee for that portion of the measurement period that is not part of the Special Unpaid Leave (“Average Weekly Hours of Service”). The District will then determine, on a consistent basis, the average Hours of Service for the entire measurement period using one of the following two methods: Backup Material Distributed Less Than 72 Hours Prior to the Meeting 7010-015 Patient Protection and Affordable Care Act 8 1. Exclude the period of Special Unpaid Leave and apply the Average Weekly Hours of Service over the entire measurement period; or 2. Credit the Average Weekly Hours of Service to the period of Special Unpaid Leave. 3.0 AFFORDABILITY SAFE HARBORS The District intends to apply the Rate of Pay Safe Harbor to determine the affordability of the minimum essential coverage that it offers its full-time employees. The District in its sole discretion may also apply the Form W-2 Safe Harbor or Federal Poverty Line Safe Harbor. These affordability safe harbors will be applied on a uniform and consistent basis for all employees in a reasonable category. A. Rate of Pay Safe Harbor 1. The District measures whether the employee’s required premium contribution for the calendar month to the lowest cost self-only coverage that provides minimum value exceeds 9.5 percent of the monthly wage. 2. For hourly employees, the monthly wage is equal to 130 hours multiplied by the employee’s lowest hourly rate of pay as of the first day of the coverage period or the employee’s lowest hourly rate of pay during the calendar month, whichever is lower. 3. For salaried employees, the monthly wage is the monthly salary as of the first day of the coverage period. However, if the monthly salary is reduced, including due to a reduction in work hours, the safe harbor is not available. 4. The coverage offered by the District will be deemed affordable if the employee’s monthly premium contribution is equal to or less than 9.5 percent of the monthly wage. B. Form W-2 Safe Harbor 1. The District measures whether the employee’s required premium contribution for the full calendar year for the lowest cost self-only coverage that provides minimum value exceeds 9.5 percent of the Form W-2 wages (as reported in Box 1) for the employee for the calendar year in which coverage is offered. 2. For an employee who is not offered coverage for an entire calendar year, the District must adjust that employee’s Form W-2 wages to reflect the period for which coverage was offered. To adjust wages, the Form W-2 wages are multiplied by a fraction equal to the number of calendar months Backup Material Distributed Less Than 72 Hours Prior to the Meeting 7010-015 Patient Protection and Affordable Care Act 9 the District offered coverage over the number of calendar months in the period of employment during the calendar year. 3. The coverage offered by the District will be deemed affordable if the employee’s annual premium contribution is equal to or less than 9.5 percent of the employee’s Form W-2 wages as reported in Box 1 (or as adjusted, for an employee who is not offered coverage for an entire calendar year). C. Federal Poverty Line Safe Harbor 1. The District measures whether the employee’s required premium contribution for the calendar month for the lowest cost self-only coverage that provides minimum value exceeds 9.5 percent of an amount determined by dividing the Federal Poverty Line (“FPL”) for a single individual for the applicable calendar year by twelve. 2. The District will use the FPL in effect within six months before the first day of the plan year. 3. The coverage offered by the District will be deemed affordable if the employee’s monthly premium contribution is equal to or less than 9.5 percent of the monthly FPL for a single individual for the applicable calendar year. 4.0 REVISIONS/UPDATES TO ADMINISTRATIVE POLICY This Administrative Policy is subject to change as regulations and guidance are issued relating to the ACA. The Human Resources/Risk Manager, including his/her designee(s), may amend this Policy at his/her discretion. Legal Authority: Title 26 United States Code section 4980H, (Internal Revenue Code); Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8544 (Feb. 12, 2014); Title 26 United States Code section 6056, (Internal Revenue Code); Information Reporting by Applicable Large Employers on Health Insurance Coverage Offered Under Employer Sponsored Plans, 26 CFR Parts 301 and 602, 79 Fed. Reg. 13231 (March 10, 2014). Backup Material Distributed Less Than 72 Hours Prior to the Meeting 7010-015 Patient Protection and Affordable Care Act 10 5.0 EXHIBITS Exhibit A – Patient Protection and Affordable Care Act Acknowledgment Form APPROVED: __________________________________ ________________________ Marc Marcantonio Date General Manager Backup Material Distributed Less Than 72 Hours Prior to the Meeting 7010-015 Exhibit A Patient Protection and Affordable Care Act Patient Protection and Affordable Care Act Policy Acknowledgement Form I acknowledge that I have received and read the provisions contained in this Patient Protection and Affordable Care Act Policy. I understand that it is my responsibility to consult my supervisor or the Human Resources Department if I have any questions that are not answered in the Policy. I also understand that the provisions in this Policy are guidelines and may not address all circumstances that may arise. In such cases, the Human Resources Department shall apply the Policy based on factors including but not limited to past practices and rules of statutory interpretation. ________________________________________ Employee Name (Printed) ________________________________________ Employee Signature ________________________________________ Date Distribution: Original: Personnel File Copy: Employee Backup Material Distributed Less Than 72 Hours Prior to the Meeting ITEM NO. 7.3 AGENDA REPORT Meeting Date: June 11, 2015 Budgeted:Yes To:Board of Directors Funding Source:All Funds From:Marc Marcantonio, General Manager Presented By:Gina Knight, HR/Risk Manager Dept:Human Resources/Risk Management Prepared By:Gina Knight, HR/Risk Manager Subject:Proposed Budgeted Positions for FY 2015/2016 SUMMARY: The District's Board of Directors on an annual basis adopts a Budget. In addition, the Board considers and approves the funding for the proposed positions for that given fiscal year. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 15-11 Approving the Budgeted Positions for Fiscal Year 2015/2016 and Rescinding Resolution No. 14-13. DISCUSSION: The District's Board of Directors will consider adopting a Budget that will fund eighty (80) full-time positions and four (4) part-time positions for Fiscal Year 2015-2016. The following new positions have been added to this year's budgeted positions list: One (1) full-time Records Management Administrator and one (1) limited-term Water Conservation Supervisor. The District's present part-time Public Affairs position will be reclassified to a full-time Public Affairs Representative. This full-time position will provide support for both Public Affairs and Water Conservation. The part-time staff will assist the District with education and enforcement duties related to Water Conservation. The proposed budgeted positions list identifies the promotion of the Human Resources Technician to a Human Resources Analyst. The effective date of the promotion was May 26, 2015. One of the District's Customer Service Representative III positions is presently underfilled with a Customer Service Representative II. PRIOR RELEVANT BOARD ACTION(S): The Board annually considers adopting a resolution authorizing budgeted positions, in accordance with both the District's adopted Personnel Rules and CalPERS' statutory and regulatory requirements for publicly available pay schedules clarified under California Code of Regulations (CCR) Section 570.5. The Board adopted Resolution No. 14-13 approving Budgeted Positions for FY 2014-2015 on September 25, 2014. ATTACHMENTS: Name:Description:Type: Resolution_No._15- 11_Budgeted_Positions_for_FY_2015-2016.doc Resolution No. 15-11 Backup Material Reso-15-11_Exhibit_A_Authorized_Positions_FY_2015- 2016_-_6-4-15.xls Resolution No. 15-11 Exhibit A Backup Material Revised_Agenda_Report.pdf Backup Material Distributed Less Than 72 Hours Prior to the Meeting Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/11/2015 GM/MB 5-0 Roll Call Resolution No. 15-11 Approving Budgeted positions for FY 2015/16 1 RESOLUTION NO. 15-11 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE BUDGETED POSITIONS FOR FISCAL YEAR 2015/16 AND RESCINDING RESOLUTION NO. 14-13 WHEREAS, the Board of Directors adopted Resolution No. 13-01 on January 24, 2013, the "Yorba Linda Water District Personnel Rules"; and WHEREAS, the “Personnel Rules” direct that the number of Authorized Positions and Salary Ranges are subject to approval by the Board of Directors; and WHEREAS, the Board of Directors adopted Resolution No. 14-13 on September 25, 2014, approving the budgeted positions for the remainder of Fiscal Year 2014/15; and WHEREAS, it is the desire of the Board of Directors to adopt Budgeted Positions for Fiscal Year 2015/16 as set forth in Exhibit “A” attached hereto, and to rescind Resolution No. 14-13. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The number of Budgeted Positions as set forth in Exhibit "A" attached hereto is approved and adopted for Fiscal Year 2015/16 effective July 1, 2015. Section 2. The General Manager is hereby authorized to employ up to the number of employees budgeted and funded in each fiscal year without further approval of the Board of Directors. Section 3. The General Manager is hereby authorized while this Resolution is active to fill a budgeted position that is vacated with a new employee at a lower or equal classification. The General Manager is further authorized to fill a budgeted position with a part time employee or contract staff. Section 4. That Resolution No. 14-13 is hereby rescinded effective July 1, 2015. Resolution No. 15-11 Approving Budgeted positions for FY 2015/16 2 PASSED AND ADOPTED this 11th day of June 2015 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Ric Collett, President Yorba Linda Water District ATTEST: Marc Marcantonio, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law, LLP BudgetedBudgeted Salary as of Proposed as of Range Position Classification 9/11/2014 Change 7/1/2015 12 Office Clerk 11 15Customer Service Rep I00 Public Affairs Representative011V 16Meter Reader I11 17Customer Service Rep II22 Accounting Assistant I11 Maintenance Worker I99 Mechanic I 00 18Meter Reader II22 19Customer Service Rep III 22W Records Management Specialist11 Operations/Warehouse Assistant11 20Engineering Technician I00 Water Quality Technician l00 Maintenance Dist. Operator II88 21Facilities Maintenance11 Accounting Assistant II11 Mechanic II 11 22Water Quality Technician lI11 Information Systems Tech I11 23Maintenance Dist. Operator III 44 Meter Services Lead11 Human Resources Technician1-10 Plant Operator II33 Mechanic III 11 24Construction Inspector 11 Engineering Technician II22 25Human Resources Analyst112X Instrumentation Technician11 26GIS Analyst 11 Sr. Maintenance Dist. Operator44 Sr. Plant Operator 11 Sr. Construction Inspector11 Sr. Fleet Mechanic11 27Customer Service Supervisor 11 Safety and Training Analyst11 Associate Engineer11 28Management Analyst11 Construction Project Supervisor11 Programmer Analyst11 Water Maint. Superintendent11 29Water Conservation Supervisor011Y 30Sr. Accountant 11 Effective July 1, 2015 Exhibit "A" Resolution No. 15-11 Budgeted Positions for 2015/2016 SCADA Administrator11 Records Management Administrator011 IS Administrator11 Water Production Superintendent11 31Water Quality Engineer11 32Executive Secretary11 33Public Information Manager11 34Sr. Project Manager11 37Human Resources/Risk and Safety Manager11 Finance Manager 11 Operations Manager11 Engineering Manager11 IT Manager 11 Salary General Manager11 Set by Board Total 77 3 80 Salary Range Position Classification 10Public Affairs Specialist0.5-0.50 Water Conservation Intern00.50.5Z Water Conservation Intern00.50.5Z Water Conservation Intern00.50.5Z Water Conservation Intern00.50.5Z Total 0.5 1.5 2 V Part-time Public Affairs position to Full-time Public Affairs Representative W One Customer Service Rep III is underfilled with a Customer Service Rep II and is budgeted at a CSRII. X HR Technician promoted to HR Analyst during FY 2014-2015. Y Limited-term Water Conservation Supervisor position filled with District employee serving in an acting capacity. Due to acting assignment, position is at a Range 29, at the conclusion of the acting assignment position will return to Range 28. Z Temporary part-time positions. ITEM NO. 7.3 AGENDA REPORT Meeting Date: June 11, 2015 Budgeted:Yes To:Board of Directors Funding Source:All Funds From:Marc Marcantonio, General Manager Presented By:Gina Knight, HR/Risk Manager Dept:Human Resources/Risk Management Reviewed by Legal: N/A Prepared By:Bryan Melton, Human Resources Technician Subject:Proposed Budgeted Positions for FY 2015/2016 SUMMARY: The District's Board of Directors on an annual basis adopts a Budget. In addition, the Board considers and approves the funding for the proposed positions for that given fiscal year. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 15-11 Approving the Budgeted Positions for Fiscal Year 2015/2016 and Rescinding Resolution No. 14-13. DISCUSSION: The District's Board of Directors will consider adopting a Budget that will fund eighty (80) full- time positions and four (4) part-time positions for Fiscal Year 2015/2016. The following new positions have been added to this year's budgeted positions list: One (1) full-time Records Management Administrator, one (1) limited-term Water Conservation Supervisor and four (4) part-time temporary Water Conservation Representatives. The District created a Water Conservation Division to be overseen by the Public Information Manager. The Water Conservation Supervisor and four (4) part-time employees will be fully funded by the District's drought penalty fees. The Water Conservation Supervisor is presently filled with a regular full-time employee on an acting assignment, resulting in a 5% salary increase. The part-time Water Conservation Representatives will assist the District with education and enforcement duties related to Water Conservation. The District's present part-time Public Affairs position will be reclassified to a full-time Public Affairs Representative. This full-time position will provide support for both Public Affairs and Water Conservation. Material Distributed Less Than 72 Hours Prior to the Meeting REVISED The proposed budgeted positions list identifies the reclassification of the Human Resources Technician to a Human Resources Analyst. The effective date of the reclassification was May 26, 2015. During Fiscal Year 2014/2015, the District's Safety and Training Analyst was budgeted at a Range 30. The salary range was re-evaluated and moved to a Range 27 and then underfilled with a Safety and Training Technician at a Range 23, resulting in a 35% savings. During the 4th quarter of Fiscal Year 2014/2015, the Human Resources Technician (Range 23) was reclassified to a Human Resources Analyst (Range 25), netting a savings of 25% for the Human Resources Department. One of the District's Customer Service Representative III positions is presently underfilled with a Customer Service Representative II. PRIOR RELEVANT BOARD ACTION(S): The Board annually considers adopting a resolution authorizing budgeted positions, in accordance with both the District's adopted Personnel Rules and CalPERS' statutory and regulatory requirements for publicly available pay schedules clarified under California Code of Regulations (CCR) Section 570.5. The Board adopted Resolution No. 14-13 approving Budgeted Positions for FY 2014/2015 on September 25, 2014. ATTACHMENTS: Name:Description:Type: Reso-15- 11_Exhibit_A_Authorized_Positions_FY_2015- 2016_-_6-4-15.pdf Resolution No. 15-11 Exhibit A Backup Material Resolution_No._15- 11_Budgeted_Positions_for_FY_2015-2016.pdf Resolution No. 15-11 Backup Material Material Distributed Less Than 72 Hours Prior to the Meeting REVISED RESOLUTION NO. 15-11 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE BUDGETED POSITIONS FOR FISCAL YEAR 2015/16 AND RESCINDING RESOLUTION NO. 14-13 WHEREAS, the Board of Directors adopted Resolution No. 13-01 on January 24, 2013, the "Yorba Linda Water District Personnel Rules"; and WHEREAS, the "Personnel Rules" direct that the number of Authorized Positions and Salary Ranges are subject to approval by the Board of Directors; and WHEREAS, the Board of Directors adopted Resolution No. 14-13 on September 25, 2014, approving the budgeted positions for the remainder of Fiscal Year 2014/15; and WHEREAS, it is the desire of the Board of Directors to adopt Budgeted Positions for Fiscal Year 2015/16 as set forth in Exhibit "A" attached hereto, and to rescind Resolution No. 14-13. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The number of Budgeted Positions as set forth in Exhibit "A" attached hereto is approved and adopted for Fiscal Year 2015/16 effective July 1, 2015. Section 2. The General Manager is hereby authorized to employ up to the number of employees budgeted and funded in each fiscal year without further approval of the Board of Directors. Section 3. The General Manager is hereby authorized while this Resolution is active to fill a budgeted position that is vacated with a new employee at a lower or equal classification. The General Manager is further authorized to fill a budgeted position with a part time employee or contract staff. Section 4. That Resolution No. 14-13 is hereby rescinded effective July 1, 2015. Resolution No. 15-11 Approving Budgeted positions for FY 2015/16 Material Distributed Less Than 72 Hours Prior to the Meeting REVISED PASSED AND ADOPTED this 11th day of June 2015 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Marc Marcantonio, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law, LLP Resolution No. 15-11 Approving Budgeted positions for FY 2015/16 Ric Collett, President Yorba Linda Water District 2 Material Distributed Less Than 72 Hours Prior to the Meeting REVISED Exhibit "A" Resolution No. 15-11 Budgeted Positions for 2015/2016 Effective July 1, 2015 Budgeted Budgeted Salary as of Proposed as of Range Position Classification 9/11/2014 Change 7/1/2015 12 Office Clerk 1 1 15 Customer Service Rep I 0 0 Public Affairs Representative 0 1 v 16 Meter Reader I 1 1 17 Customer Service Rep II 2 2 Accounting Assistant I 1 1 Maintenance Worker I 9 9 Mechanic I 0 0 18 Meter Reader II 2 2 19 Customer Service Rep Ill 2 2 w Records Management Specialist 1 1 Operations/Warehouse Assistant 1 1 20 Engineering Technician I 0 0 Water Quality Technician I 0 0 Maintenance Dist. Operator II 8 8 21 Facilities Maintenance 1 1 Accounting Assistant II 1 1 Mechanic II 22 Water Quality Technician II Information Systems Tech I 23 Maintenance Dist. Operator Ill 4 4 Meter Services Lead 1 1 Human Resources Technician 1 -1 0 Plant Operator II 3 3 Mechanic Ill 1 1 24 Construction Inspector 1 1 Engineering Technician II 2 2 25 Human Resources Analyst 1 2 X Instrumentation Technician 1 1 26 GIS Analyst 1 1 Sr. Maintenance Dist. Operator 4 4 Sr. Plant Operator 1 1 Sr. Construction Inspector 1 1 Sr. Fleet Mechanic 1 1 27 Customer Service Supervisor 1 1 Safety and Training Analyst 1 1 Associate Engineer 1 28 Management Analyst 1 Construction Project Supervisor 1 Programmer Analyst 1 Water Maint. Superintendent 1 29 Water Conservation Supervisor 0 y 30 Sr. Accountant 1 Material Distributed Less Than 72 Hours Prior to the Meeting REVISED SCADA Administrator Records Management Administrator IS Administrator Water Production Superintendent 31 Water Quality Engineer 32 Executive Secretary 33 Public Information Manager 34 Sr. Project Manager 37 Human Resources/Risk and Safety Manager Finance Manager Operations Manager Engineering Manager IT Manager Salary General Manager Set by Board Total Salary Range Position Classification v 10 Public Affairs Specialist Water Conservation Representative Water Conservation Representative Water Conservation Representative Water Conservation Representative Total 1 0 1 1 1 1 1 1 1 1 1 1 1 1 77 0.5 0 0 0 0 0.5 Part-time Public Affairs position to Full-time Public Affairs Representative w 3 -0.5 0 .5 0.5 0 .5 0.5 1.5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 80 0 0.5 0.5 0.5 0.5 2 z z z z One Customer Service Rep Ill is underfilled with a Customer Service Rep II and is budgeted at a CSRII. X HR Technician promoted to HR Analyst during FY 2014-2015. y Limited-term Water Conservation Supervisor position filled with District employee serving in an acting capacity. Due to acting assignment, position is at a Range 29, at the conclusion of the acting assignment position will return to Range 28 . z Temporary part-time positions. Material Distributed Less Than 72 Hours Prior to the Meeting REVISED ITEM NO. 7.4 AGENDA REPORT Meeting Date: June 11, 2015 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Prepared By:Delia Lugo, Finance Manager Subject:Appropriations Limit for FY 2015/16 SUMMARY: Each year the District must adopt the Appropriations Limit and factors used to calculate this number, in accordance with Proposition 13, Government Code Section 7900 and Article XIIIB of the California Constitution. The Appropriations Limit assures government agencies do not assess and collect taxes in excess of the controlled limits. The District receives a relatively small amount of revenue from property taxes annually and it is historically well below the Appropriations Limitation each year. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 15-12 Adopting the Appropriations Limit for Fiscal Year 2015/16. DISCUSSION: In 1977, California voters passed Proposition 13, which limited property tax assessments to 1% of a property’s market value and limited assessed value increases to 2% per year. Concurrent with the reduction of property taxes, the voters also passed Proposition 4, the Gann Spending Limit Initiative, which added Article XIIIB to the California Constitution. Under Article XIIIB, a government agency is restricted in the amount of annual appropriations from the proceeds of taxes except taxes to pay voter-approved bond debt service. If proceeds of taxes exceed allowed appropriations, the excess must either be refunded to the State Controller or returned to the taxpayers through revised tax rate or through revised fee schedules. An excess in one year may be offset against a deficit in the following year, so effectively the limitation may be exceeded in a single year but not over any consecutive two-year period. District staff performed the required calculation to determine the appropriations limits for FY 2015/16, in compliance with the terms of Article XIIIB of the California Constitution and the Government Code Section 7900. The starting point for computing the Appropriations Limit is the Appropriations Subject to Limitation in the Base Year of 1978/79. This number is multiplied by the controlled factors each successive year to determine the current year’s appropriation limit. The State Department of Finance, Population Research Unit, provides inflation and population figures each year. These two are multiplied together to determine the final percentage by which the prior year’s limit is increased (or decreased). The District’s property tax revenue of $1,395,000, budgeted for FY 2015/16, is substantially lower than the calculated limitation of $6,323,075. Therefore, there are no excess appropriations that must be returned to the taxpayers. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors adopted Resolution No. 14-03 on June 12, 2014, Adopting the Appropriations Limit for Fiscal Year 2014/15. ATTACHMENTS: Name:Description:Type: Resolution_15-12_Adopting_Appropriations_Limit.doc Resolution No. 15-12 Backup Material GANN_Calculation_2015-16.xlsx GANN Calculation Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/11/2015 RK/PH 5-0 Roll Call Resolution No.15-12 Adopting the Appropriations Limit for FY 15-16 1 RESOLUTION NO. 15-12 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2015/16 WHEREAS, under the terms of Article XIIIB of the California Constitution and Government Code Section 7900 et seq., all local agencies are required to establish, by resolution, an appropriations limit for each fiscal year; and WHEREAS, in June 1990, voters in the State of California approved Proposition 111 which amended Government Code Section 7900 et seq., modifying the method of calculation for the appropriations limit and requiring all local agencies to select, by resolution, the annual adjustment factors used to perform the calculations; and WHEREAS, the District staff has performed the required calculations to determine the limit for Fiscal Year 2015/16, in compliance with the above provisions and made the documentation used in the determination of the appropriations limit and other necessary determinations available to the public at least fifteen days prior to the date of this meeting. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That there is hereby adopted, pursuant to Article XIIIB of the California Constitution and Government Code Section 7900 et seq., as amended by Proposition 111, an appropriations limit for Fiscal Year 2015/16 of $6,323,075. Resolution No.15-12 Adopting the Appropriations Limit for FY 15-16 2 Section 2. The annual adjustment factors are the weighted average percentage change in the population of the cities within the District’s jurisdiction, and the percentage change in the California Per Capita Income. PASSED AND ADOPTED this 11th day of June 2015 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Ric Collett, President Yorba Linda Water District ATTEST: Marc Marcantonio, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law LLP Special District: Yorba Linda Water District Fiscal Year: 2015-2016 Budget vs. Actual:Budget REVENUE AMOUNT SOURCE A. LAST YEAR'S LIMIT 6,025,347 B. ADJUSTMENT FACTORS 1. Population % 0.00%1.08%1.0108(Weighted Avg Calc) 2. Inflation % 2.00%3.82%1.0382(State Finance) Total Adjustment %1.0494(b1*b2) C. ANNUAL ADJUSTMENT $ BUDGET 6,323,075B*A D. OTHER ADJUSTMENTS sub total E. TOTAL ADJUSTMENTS6,323,075(C+D) F. THIS YEAR'S LIMIT 6,323,075 (A+E) APPROPRIATIONS SUBJECT TO LIMITATION ITEM NO. 7.5 AGENDA REPORT Meeting Date: June 11, 2015 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Prepared By:Delia Lugo, Finance Manager Subject:Adopting a Public Investment Policy SUMMARY: Staff is presenting the District’s public investment policy for review and adoption. Staff has recommended no changes from the current investment policy. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 15-13 Setting Forth a Public Funds Investment Policy and Rescinding Resolution No. 14-05. DISCUSSION: The California Government Code says ‘the treasurer or chief fiscal officer of a local entity may annually render to the legislative body of that local agency and any oversight committee of that local agency, a statement of investment policy, which should be considered at a public meeting.” As such, Resolution No. 15-13 is being presented before the entire Board. There are no changes from the current investment policy adopted by Resolution No 14-05 on June 12, 2014. STRATEGIC PLAN: FR 2-C: Implement an Approach to Ensure Reserves are Responsibly Funded PRIOR RELEVANT BOARD ACTION(S): The District’s current investment policy was adopted by Resolution No. 14-05 on June 12, 2014. ATTACHMENTS: Name:Description:Type: Resolution_No.__15-13_Investment_Policy_2015- 16.docx Resolution No 15-13 Backup Material Investment_Policy_June_2015.docx Investment Policy June 2015 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/11/2015 PH/RK 5-0 Roll Call Resolution No. 15-13 Setting Forth a Public Funds Investment Policy and Rescinding Resolution No. 14-05 1 RESOLUTION NO. 15-13 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT SETTING FORTH A PUBLIC FUNDS INVESTMENT POLICY AND RESCINDING RESOLUTION NO. 14-05 WHEREAS, California Government Code (CGC) Section 53600 sets forth guidelines for the investment of public funds; and WHEREAS, the current Yorba Linda Water District Investment Policy was adopted by Resolution No. 14-05 on June 12, 2014; and WHEREAS, the District is in possession of public funds that are not required for immediate expenditure, and are available for investment; and WHEREAS, a policy setting forth guidelines for the investment of said funds is necessary for compliance with the principles of sound financial management; and WHEREAS, the Board of Directors of the Yorba Linda Water District desire to adopt the Investment Policy set forth herein. NOW, THEREFORE, BE IT RESOLVED by Board of Directors of the Yorba Linda Water District as follows: Section 1. Exhibit 1 (Investment Policy – Yorba Linda Water District) is hereby adopted and deemed implemented concurrent with passage and adoption of this Resolution. Section 2. That Resolution No. 14-05 is hereby rescinded immediately upon adoption of this Resolution. PASSED AND ADOPTED this 11th day of June 2015 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Ric Collett, President Yorba Linda Water District ATTEST: Resolution No. 15-13 Setting Forth a Public Funds Investment Policy and Rescinding Resolution No. 14-05 2 Marc Marcantonio, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law, LLP INVESTMENT POLICY BOARD OF DIRECTORS Ric Collett, President Michael J. Beverage, Vice President Robert Kiley, Board Member Gary T. Melton, Board Member Phil Hawkins, Board Member Marc Marcantonio, General Manager June 2015 TABLE OF CONTENTS Section 1 Policy Section 2 Scope Section 3 Delegation of Authority Section 4 Investment Objectives Section 5 Prudence Section 6 Ethics and Conflicts of Interest Section 7 Authorized Broker/Dealers Section 8 Authorized Investments Section 9 Review of Investment Portfolio Section 10 Investment Pools Section 11 Collateralization Section 12 Safekeeping and Custody Section 13 Diversification and Maximum Maturities Section 14 Internal Controls Section 15 Performance Standards Section 16 Reporting Section 17 Investment Policy Adoption Appendix “A” Description of Authorized Investments and Restrictions Appendix “B” Glossary Investment Policy – June 2015 1 SECTION 1: POLICY 1.1 It is the policy of the Yorba Linda Water District (“District”) to invest public funds in a manner which ensures the safety and preservation of capital while meeting reasonably anticipated operating expenditure needs, achieving a reasonable rate of return and conforming to all state and local statutes governing the investment of public funds. 1.2 The purpose of this policy is to provide guidelines for the prudent investment of funds of the District and to outline the policies for maximizing the efficiency of the District’s cash management. The District’s goal is to enhance the economic status of the District consistent with the prudent protection of the District’s investments. This investment policy has been prepared in conformance with all pertinent existing laws of the State of California. SECTION 2: SCOPE 2.1 This Investment Policy applies to all funds and investment activities of the District, except for the proceeds from capital project financing instruments, which are invested in accordance with provisions of their specific documents. These funds are accounted for as Enterprise Funds and are identified in the District’s Comprehensive Annual Financial Report. SECTION 3: DELEGATION OF AUTHORITY 3.1 The authority of the Board of Directors to invest funds is derived from Section 53601 of the California Government Code (“CGC”). Section 53607 of the CGC grants the Board of Directors the authority to delegate that authority, for a one-year period, to the District’s Treasurer. Therefore, management responsibility for the investment program is hereby delegated to the District’s Treasurer, who shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials and their procedures in the absence of the Treasurer. The Treasurer shall establish procedures for the management of investment activities, including the activities of staff consistent with this Policy. 3.2 The Treasurer may retain the services of an outside investment advisor or manager as approved by the Board to assist with the District’s investment program. Any investment advisor selected shall make all investment Investment Policy – June 2015 2 decisions and transactions in strict accordance with State law, and this Policy. SECTION 4: INVESTMENT OBJECTIVES 4.1 The primary objectives, in priority order, of the District’s investment activities shall be: 4.1.1 Safety: Safety and preservation of principal is the foremost objective of the investment program. Investments shall be selected in a manner that seeks to ensure the preservation of capital in the District’s overall portfolio. This will be accomplished through a program of diversification and maturity limitations, more fully described in Section 13, in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. 4.1.2 Liquidity: The District’s investment portfolio will remain sufficiently liquid to enable the District to meet all operating requirements which might be reasonably anticipated. Securities should mature concurrent with cash needs to meet anticipated demands. 4.1.3 Return on Investments: The District’s investment portfolio shall be designed with the objective of attaining the best yield or returns on investments, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives. SECTION 5: PRUDENCE 5.1 The standard of prudence to be used by the designated representative shall be the “prudent investor” standard and shall be applied in the context of managing the overall portfolio. The meaning of the standard of prudent investor is explained in CGC Section 53600.3, which states that “when investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like Investment Policy – June 2015 3 aims, to safeguard the principal and maintain the liquidity needs of the agency.” 5.2 The Treasurer and delegated investment officers, acting in accordance with District procedures and the Policy and exercising due diligence, shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 5.3 Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. SECTION 6.0: ETHICS AND CONFLICTS OF INTEREST 6.1 Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the District’s General Manager any material financial interests in financial institutions that conduct business with the District’s boundaries, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the District. SECTION 7: AUTHORIZED BROKER/DEALERS 7.1 The Treasurer will maintain a list of authorized broker/dealers and financial institutions that are approved for investment purposes. Broker/dealers will be selected for credit worthiness and must be authorized to provide investment services in the State of California. These may include “primary” dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15(C)3-1 (uniform net capital rule). No public deposit will be made by the broker/dealer except in a qualified public depository as established by the established state laws. Before a financial institution or broker/dealer is used, they are subject to investigation and approval by the Treasurer or his/her designated representative, and must submit the following: Investment Policy – June 2015 4 7.1.1 Certification of having read and understood this investment policy resolution and agreeing to comply with the District’s investment policy; 7.1.2 Proof of Federal Investment Regulatory Authority certification; 7.1.3 Proof of State of California registration; 7.1.4 Audited financial statements for the institution’s three (3) most recent fiscal years; 7.1.5 References of other public-sector clients that similar services are provided to. 7.2 If a third party investment advisor is authorized to conduct investment transactions on the District’s behalf, the investment advisor may use their own list of approved independent broker/dealers and financial institutions. The investment advisor’s approved list must be made available to the District upon request. SECTION 8: AUTHORIZED INVESTMENTS 8.1 The District is provided a broad spectrum of eligible investments under the CGC Sections 53601 et seq. Authorized investments shall also include, in accordance with CGC section 16429.1 et seq., investments into the Local Agency Investment Fund (LAIF) and the Orange County Treasurer’s Commingled Investment Pool in accordance with CGC section 53684. Within the investments permitted by the CGC, the District seeks to further restrict eligible investment to the investments listed in Section 8.3 below. Percentage holding limits listed in this section apply at the time the security is purchased. Ratings, where shown, specify the minimum credit rating category required at purchased without regard to +/- or 1,2,3 modifiers, if any. 8.2 The purchase of any investment permitted by the CGC, but not listed as an authorized investment in this Policy is prohibited without the prior approval of the Board of Directors. Investment Policy – June 2015 5 8.3 Within the context of these limitations, the following investments are authorized: TABLE 1 Permitted Investments*/ Deposits CA Government Code % of Portfolio Limits / Maturity Limits YLWD % of Portfolio Limits / Maturity Limits Bank Deposits# No % limit, 5 years No % limit, 5 years CD Placement Service# 30% limit, 5 years 30% limit, 5 years Local Agency Investment Fund (LAIF)^ No % or maturity limit No % or maturity limit County Pooled Investment Funds^ No % or maturity limit No % or maturity limit Joint Powers Authority Funds (CalTRUST & CAMP)^ No % or maturity limit No % or maturity limit U.S. Treasury Obligations No % limit, 5 years No % limit, 5 years U.S. Agency Obligations No % limit, 5 years No % limit, 5 years Negotiable Certificates of Deposit# 30% portfolio, 5 years 30% portfolio, 5 years Money Market Funds* 20%, 10% per issuer, no limit 20%, 10% per issuer, no limit Medium-Term (or Corporate) Notes* 30% portfolio, 5 years 30% portfolio, 5 years Bankers Acceptances* 40%, 30% per issuer, 180 days 10% max, 5% per issuer, 180 days Commercial Paper* 25%, 10% per issuer, 270 days 25% max, 5% per issuer, 270 days * Please see Appendix A for more detailed descriptions and additional restrictions ^ Please see Section 10 for additional restrictions # Please see Section 11 for additional restrictions Investment Policy – June 2015 6 SECTION 9: REVIEW OF INVESTMENT PORTFOLIO 9.1 The securities held by the District must be in compliance with Section 8 Authorized Investments at the time of purchase. The Treasurer shall at least quarterly review the portfolio to verify that all securities are in compliance with Section 8 Authorized Investments. In the event a security held by the District is subject to a credit rating change that brings it below the minimum credit ratings specified in Appendix A Authorized Investments, the Treasurer should notify the Finance-Accounting Committee - and through the Committee’s minutes, the Board - of the change. The course of action to be followed will then be decided on a case-by-case basis, considering such factors as the reason for the change, prognosis for recovery or further rate drops, and the market price of the security. SECTION 10: INVESTMENT POOLS 10.1 A thorough investigation of any investment pool or mutual fund is required prior to investing, and on a continual basis. The investigation will, at a minimum, obtain the following information: 10.1.1 A description of eligible investment securities, and a written statement of investment policy and objectives; 10.1.2 A description of interest calculations and how it is distributed, and how gains and losses are treated; 10.1.3 A description of how the securities are safeguarded (included the settlement processes), and how often the securities are priced and the program audited; 10.1.4 A description of who may invest in the program, how often and what size deposit and withdrawal are allowed; 10.1.5 A schedule for receiving statements and portfolio listings; 10.1.6 Are reserves, retained earnings, etc. utilized by the pool/fund; 10.1.7 A fee schedule and when and how it is assessed; Investment Policy – June 2015 7 10.1.8 Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds. SECTION 11: COLLATERALIZATION 11.1 Bank Deposits: Under provisions of the CGC, California banks and savings and loan associations are required to secure the District’s deposits by pledging eligible securities with a value of 110% of principal and accrued interest. State law also allows financial institutions to secure District deposits by pledging first trust deed mortgage notes having a value of 150% of the District’s total deposits. 11.2 Waiver of Security: The Treasurer, at his/her discretion and in accordance with CGC section 53653, may waive security for the portion of any deposits as is insured pursuant to federal law. SECTION 12: SAFEKEEPING AND CUSTODY 12.1 All security transactions entered into by the District shall be conducted on a delivery-versus-payment basis. Securities will be held by a third party custodian designated by the Treasurer and evidenced by safekeeping receipts. The only exception to the foregoing shall be depository accounts and securities purchases made with (i) local government investment pools, and (ii) money market mutual funds, since those purchased securities are not deliverable. SECTION 13: DIVERSIFICATION AND MAXIMUM MATURITIES 13.1 The District will diversify its investments by security type and institution. With the exception of U.S. Treasuries, U.S. Agency Securities, FDIC Insured Certificates of Deposit and authorized pools, no more than 30% of the District’s total investment portfolio will be invested in a single security type or with a single financial institution. 13.2 To the extent possible, the District will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow and approved in advance by the Board of Directors, the District will not directly invest in securities maturing more than 5 years from the date of purchase. Investment Policy – June 2015 8 SECTION 14: INTERNAL CONTROLS 14.1 The external auditors will annually review the investments and general activities associated with the investment program. This review will provide internal control by assuring compliance with the Investment Policy and District policies and procedures. SECTION 15: PERFORMANCE STANDARDS 15.1 The investment portfolio will be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs. 15.2 The District’s investment strategy is passive. The performance of the District’s investment portfolio will be evaluated and compared to an appropriate benchmark in order to assess the success of the investment portfolio relative to the District’s Safety, Liquidity and Return on Investments objectives. This review will be conducted annually with the Finance-Accounting Committee. SECTION 16: REPORTING 16.1 Subject to CGC sections 53607 and 53646(b), the Treasurer will provide monthly investment reports to the District’s Finance-Accounting Committee (and through the Committee’s minutes, to the Board of Directors) and quarterly reports to the Board of Directors which provide a clear picture of the status of the current investment portfolio. The reports shall comply with the reporting requirements of CGC sections 53607 and 53646(b), respectively. SECTION 17: INVESTMENT POLICY ADOPTION 17.1 The District’s Investment Policy will be adopted by resolution of the Board of Directors. The policy will be reviewed on an annual basis and modification, if any, must be approved by the Board of Directors. Investment Policy – June 2015 9 APPENDIX “A” DESCRIPTION OF AUTHORIZED INVESTMENTS AND RESTRICTIONS The following descriptions of authorized investments, maximum maturities and limits are included here to assist in the administration of this policy. 1) BANK DEPOSITS The District may make bank deposits in accordance with California Government Code section 53630 et seq., which requires collateral. Per California Government Code Section, there are three classes of deposits: (a) inactive deposits, (b) active deposits and (c) interest-bearing active deposits. The collateral requirements apply to both active deposits (checking and savings accounts) and inactive deposits (non-negotiable time certificates of deposit). The maximum maturity shall be five years. No limit will be placed on the percentage total invested in this category. 2) CD PLACEMENT SERVICE – Government Code Sections 53601.8 and 53653.8 The District may invest in collateralized certificates of deposits in accordance with the requirements in California Government Code Sections 53601.8 and 53635.8. Purchases of certificates of deposit pursuant to Government Code Sections 53601.8, 53653.8, and 53601 shall not, in total, exceed 30 percent of District’s investment portfolio. The maximum maturity is limited to five years. 3) THE STATE LOCAL AGENCY INVESTMENT FUND (LAIF) – Government Code Section 16429.1 The LAIF is a special fund in the California State Treasury and an investment alternative for California’s local governments and special districts created and governed pursuant to CGC Section 16429.1 et seq. and managed by the State Treasurer’s Office. The District, with the consent of the Board of Directors, is authorized to remit money not required for the District’s immediate need, to the State Treasurer for deposit in this fund for the purpose of investment. Principal may be withdrawn on one day’s notice. The fees charged by LAIF are limited by statute. Investment of District funds in LAIF shall be subject to investigation and due diligence prior to Investment Policy – June 2015 10 investing, and on a continual basis to a level of review described in Section 10 Investment Pools. No limit will be placed on the percentage total in this category. 4) ORANGE COUNTY TREASURER’S COMMINGLED INVESTMENT POOL (OCCIP) – Government Code Section 53684 The OCCIP is a money market investment pool managed by the Orange County Treasurer’s Office. OCCIP is more fully described in the glossary at Appendix B. The District has no funds invested in OCCIP at this time. Investment of District funds in OCCIP would be subject to investigation and due diligence prior to investing, and on a continual basis to a level of review described in Section 10 Investment Pools. There is no maturity limit. No limit will be placed on the percentage total in this category. 5) THE INVESTMENT TRUST OF CALIFORNIA (CALTRUST) – Government Code Section 53601(p) The Investment Trust of California (CalTRUST) is a local government investment pool organized as a joint powers authority pursuant to California Government Code Section 6509.7. Wells Capital Management, a wholly- owned subsidiary of Wells Fargo, is the portfolio manager for each of the CalTRUST funds. Investment of District funds in CalTRUST shall be subject to investigation and due diligence prior to investing, and on a continual basis to a level of review described in Section 10 Investment Pools. No limit will be placed on the percentage total in this category. 6) CALIFORNIA ASSSET MANAGEMENT PROGRAM (CAMP) – Government Code Section 53601(p) The Trust is currently governed by a Board of five Trustees, all of whom are officials or employees of Public Agencies. The Trustees are responsible for setting overall policies and procedures for the Trust. The Program’s Investment Adviser and Administrator is Public Financial Management, Inc. The amounts deposited in this category shall be limited to bond proceeds and are to be invested for the purpose of arbitrage management only. The District has no funds invested in CAMP at this time. Investment of District funds in OCCIP would be subject to investigation and due diligence prior to investing, and on a continual basis to a level of review described in Section 10 Investment Pools. Proceeds may be invested in the Treasury Portfolio Investment Policy – June 2015 11 and/or the Money Market Portfolio. There is no maturity limit. No limit will be placed on the percentage total in this category. 7) U.S. TREASURY OBLIGATIONS – Government Code Section 53601(b) United States Treasury notes, bonds, bills or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. The maximum maturity shall be limited to five years. No limit will be placed on the percentage total invested in this category. 8) U.S. AGENCY OBLIGATIONS – Government Code Section 53601(f) Federal agency or United States government-sponsored enterprise senior debt obligations, participations, mortgaged-backed securities or other instruments, including those issued by or fully guaranteed as to principal and interest by Federal agencies or United States government-sponsored enterprises. Examples of these securities include Federal National Mortgage Association, Federal Farm Credit Bank, Federal Home Loan Mortgage Corporation and Federal Home Loan Bank. The maximum maturity shall be limited to five years with no limit placed on the percentage total in this investment category. 9) NEGOTIABLE CERTIFICATES OF DEPOSIT – Government Code Section 53601(i) Investments are limited to deposits issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a state- licensed branch of a foreign bank. Individual investments shall be limited to Federal Deposit Insurance Corporation-insured limits of $250,000. Purchases of certificates of deposit pursuant to Government Code Sections 53601.8, 53653.8, and 53601 shall not, in total, exceed 30 percent of District’s investment portfolio. The maximum maturity is limited to five years. Investment Policy – June 2015 12 10) MONEY MARKET FUNDS – Government Code Section 53601(l)(2) Shares of a beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission. The company shall have met either of the following criteria: (A) attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized rating services and (B) retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years of experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000). There is no maturity limit. A maximum of 20 percent of the portfolio may be invested in this category, and a maximum of 10 percent of the portfolio may be invested in any single issuer. If the District has funds invested in a money market fund, a copy of the fund’s information statement shall be maintained on file. In addition, the Treasurer should review the fund’s summary holdings on a quarterly basis. 11) MEDIUM-TERM (OR CORPORATE) NOTES – Government Code Section 53601(k) Medium-term notes are defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less. The corporation must be domestic, the notes must be domestic and the notes must be issued in the United States. The corporation must be rated A or its equivalent or better by a nationally recognized rating service. The maximum maturity is limited to five years and the maximum percentage allowable for investment is 30 percent of the investment portfolio in the aggregate. 12) BANKERS’ ACCEPTANCES – Government Code Section 53601 (g) Bankers’ acceptances, otherwise known as bills of exchange or time drafts, are drawn on and accepted by a commercial bank. Purchases are limited to bankers’ acceptances issued by domestic or foreign banks, which are eligible for purchase by the Federal Reserve System. Eligible bankers’ Investment Policy – June 2015 13 acceptances are restricted to issuing financial institutions with a short-term debt rating of at least “A-1” or its equivalent by a nationally recognized rating service. The maximum term may not exceed 180 days and the maximum percentage allowable for investment is 10 percent of the portfolio in the aggregate, and 5% for an individual issuer. 13) COMMERCIAL PAPER – Government Code Section 53601(h) Commercial paper rated the highest ranking or of the highest letter and number ratings as provided for by a nationally recognized rating service. The entity that issues the commercial paper shall meet either of the following two sets of criteria: (1) The corporation shall be organized and operating within the United States, shall have total assets in excess of $500,000,000, and shall have debt, other than commercial paper, if any, that is rated A or higher by a nationally recognized rating service. (2) The corporation shall be organized within the United States as a special purpose corporation, trust, or limited liability company, has program wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond; has commercial paper that is rated “A-1” or higher, or equivalent by a nationally recognized statistical-rating organization. Eligible commercial paper may not exceed 270 days’ maturity and may not represent more than the 25 percent of the investment portfolio in the aggregate, and 5% for an individual issuer. Investment Policy – June 2015 14 APPENDIX “B” GLOSSARY AGENCIES: Federal agency securities and/or Government-sponsored enterprises. ASKED: The price at which securities are offered. BANKERS’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a Certificate. Large-denomination CD’s are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report of the District. It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance- related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. Investment Policy – June 2015 15 COUPON: (a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities). DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value (e.g., U.S. Treasury Bills.) DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. DURATION: A measure of the sensitivity of the price (the value of principal) of a fixed-income investment to a change in interest rates. Duration is expressed as a number of years. Rising interest rates mean falling bond prices, while declining interest rates mean rising bond prices. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L’s, small business firms, students, farmers, farm cooperatives, and exporters. Investment Policy – June 2015 16 FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per entity. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks), which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district Bank. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation’s purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA’s securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FHA mortgages. The term “pass-throughs” is often used to describe Ginnie Maes. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to Investment Policy – June 2015 17 be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase—reverse repurchase agreements that establishes each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve’s most important and most flexible monetary policy tool. PORTFOLIO: Collection of securities held by an investor. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker-dealers, banks, and a few unregulated firms. Investment Policy – June 2015 18 PRUDENT PERSON RULE: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state—the so-called legal list. In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. REPURCHASE AGREEMENT (REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15(C)3-1: See Uniform Net Capital Rule. Investment Policy – June 2015 19 STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, SLMA, etc.) and Corporations, which have imbedded options (e.g., call features, step-up coupons, floating rate coupons, derivative-based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve. TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BONDS: Long-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10 years. TREASURY NOTES: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. ITEM NO. 7.6 AGENDA REPORT Meeting Date: June 11, 2015 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Prepared By:Delia Lugo, Finance Manager Subject:Financial Reserves Policy for FY 2015/2016 STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 15-14 Adopting the Financial Reserves Policy for Fiscal Year 2015/2016 and Rescinding Resolution No. 14-06. DISCUSSION: When the financial reserves policy was adopted last June, staff indicated that it would be reviewed annually to determine if updates were needed. Staff is not proposing any major changes in this years’ policy, where the total amount of requested reserves remain the same as the prior year. As presented, minor changes have been made consisting primarily of updating account balances in the Employee Liability Reserve. STRATEGIC PLAN: FR 2-A: Review the Reserve Policy and Funding Levels Annually PRIOR RELEVANT BOARD ACTION(S): The Board adopted the current Financial Reserves Policy by approving Resolution 14-06 on June 12, 2014. ATTACHMENTS: Name:Description:Type: Resolution_No._15-14_- _Financial_Reserves_Policy_FY_2015-16.docx Resolution No. 15-14 Backup Material Financial_Reserves_Policy_-_FY_15-16__6_04_15.docx ReservePolicy Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/11/2015 RK/GM 5-0 Roll Call Resolution No. 15-14 Adopting the Financial Reserves Policy 1 RESOLUTION NO. 15-14 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE FINANCIAL RESERVES POLICY AND RESCINDING RESOLUTION NO. 14-06 WHEREAS, the purpose of the Yorba Linda Water District’s (YLW D) Financial Reserves Policy is to ensure that the District continues to have sufficient funding available to meet its operating, non-operating, capital and debt service obligations; and WHEREAS, adequate reserves and sound financial policies maintain YLWD’s bond ratings in the capital markets, provide financing flexibility and sustain debt covenant compliance; and WHEREAS, the District has completed a comprehensive Asset Management Plan and has prepared a rate study and five-year financial plan; and WHEREAS, the Financial Reserves Policy recommends establishing various reserve categories, defines the purpose and use of these funds and identifies target levels and priority funding of the reserves; and WHEREAS, the current policy is being revised as changes have been made to the existing Financial Reserves Policy. NOW THEREFORE, the Board of Directors of the Yorba Linda Water District does find, determine, and resolve: Section 1. The financial reserves policy is attached hereto as Exhibit “A”. Resolution No. 15-14 Adopting the Financial Reserves Policy 2 Section 2. This Financial Reserves Policy adopted herein takes effect on July 1, 2015 and Resolution No. 14-06 is hereby rescinded on July 1, 2015. PASSED AND ADOPTED this 11th day of June 2015 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Ric Collett, President Yorba Linda Water District ATTEST: Marc Marcantonio, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law LLP June 11, 2015 Page 1 of 4 RESERVE POLICY A. GENERAL POLICY: Maintaining adequate reserves is an essential part of sound financial management. The Yorba Linda Water District Board of Directors realizes the importance of reserves in providing reliable service to its customers, financing of long-term capital projects and funding availability for emergencies should the need arise. Interest derived from reserve balances shall be credited to the reserve account from which it was earned. B. CATEGORIES: YLWD shall accumulate, maintain and segregate its reserve funds into the following categories: Restricted and Designated Reserves 1. Board Designated Reserves; and 2. Contractually Restricted Reserves. C. SCOPE: This policy will assist the Board of Directors in establishing: 1. Target levels for reserve funds; 2. Requirements for the use of reserve funds; and 3. Periodic review requirements for each reserve. D. PERIODIC REVIEW: Staff and the YLWD Board shall review the reserve balances and targets annually as a part of the annual budget process. The Finance-Accounting Committee will continue to review all reserve and investment balances monthly, with a quarterly report going to the full Board. E. RESTRICTED AND DESIGNATED RESERVES: 1. Board Designated Reserves: These are reserve funds earmarked for the purpose of funding such items as new capital facilities, repair or replacement of existing facilities and general operating reserves designated for a specific purpose and use by the Board of Directors. 1.0 Operating Reserve A. Definition and Purpose – Established to cover temporary cash flow deficiencies that occur as a result of timing differences between the receipt of operating revenue and expenditure requirements and unexpected expenditures occurring as a result of doing business. June 11, 2015 Page 2 of 4 B. Target Level – The Government Finance Officers Association (GFOA) recommends that funding should be no less than one to two months (or 8% - 17%) of the District’s annual operating budget. The District’s current target will be a minimum of 8% and a maximum of 17% of the annual operating budget for both the water and sewer funds. C. Events or Conditions Prompting the Use of the Operating Reserve – This reserve may be utilized as needed to pay outstanding operating expenditures prior to the receipt of anticipated operating revenues. 1.1 Emergency Reserve A. Definition and Purpose – Established to provide protection recovery to the District and its customers for losses arising from an unplanned event or circumstance. The reserve level combined with YLWD’s existing insurance policies should adequately protect YLWD and its customers in the event of a loss. B. Target Level – Established at a minimum level equal to $1,000,000 for the water fund and shall accumulate interest and annual contributions as determined by the District’s annual operation to a maximum level of $4,000,000. The target for sewer will be a minimum of $250,000 and a maximum of $1,000,000. C. Events or Conditions Prompting the Use of the Emergency Reserve – This reserve shall be utilized to cover unexpected losses experienced by the District as a result of a disaster or other unexpected loss. Any reimbursement received by the District from insurance companies as a result of a submitted claim shall be deposited back into the reserve as replenishment for the loss. 1.2 Capital Replacement Reserve A. Definition and Purpose – Established to provide capital repair and replacement funding as the District’s infrastructure deteriorates over its expected useful life. B. Target Level – The Board-approved 2010 Asset Management Plan recommended that the annual contribution to this reserve be at a minimum level of $1,820,000 for the water fund and $345,000 for the sewer fund, less money set aside for the Maintenance Reserve. Funding with available funds based on the District’s operations shall be allocated quarterly. C. Events or Conditions Prompting the Use of the Capital Replacement Reserve – Through the annual budget process, staff shall recommend anticipated asset replacement projects. The Board of Directors shall take action to approve recommended project appropriations from the capital replacement reserve. Should unplanned replacement be necessary during any fiscal year, the Board of Directors may take action to amend the budget and appropriate needed funds as required. 1.3 Maintenance Reserve A. Definition and Purpose – Established to provide funding for non-scheduled capital asset repair and replacement. June 11, 2015 Page 3 of 4 B. Target Level – $200,000 subject to an annual review. C. Events or Conditions Prompting the Use of the Maintenance Replacement Reserve – Unplanned failure of assets including but not limited to pumps, motors and major facility repairs. 1.4 Debt Service Reserve A. Definition and Purpose – Established to provide funding for semi-annually scheduled debt service payments. B. Target Level – The District’s highest annual debt service payment – currently $2,723,509. C. Events or Conditions Prompting the Use of the Debt Service Reserve – Semi-annual debt service payments will be made out of this fund, with funding on the water rate replenishing the fund annually. 1.5 Employee Liabilities Reserve A. Definition and Purpose – The purpose is to cover employees’ accrued vacation and other compensatory time and to ensure the complete funding associated with the liability incurred for employees whom have met the requirements necessary for district paid health benefits at retirement. B. Target Level – The annual contribution will be $100,000 ($93,000 for water and $7,000 for sewer) to be evaluated and/or adjusted annually thereafter based on an analysis of current employees’ vacation and sick time accrued and actuarial determinations of future retiree costs. As of January 2, 2014, an actuary determined that the District’s Other Post Employment Benefit (OPEB) liability was $1,896,791. When combined with a liability on the District’s books for vacation, compensatory and sick time of $1,047,342 at June 30, 2014, the target is projected to be approximately $2,944,133 for the combined water and sewer enterprises. C. Events or Conditions Prompting the Use of the Employee Liabilities Reserve – This reserve may be used in the event that operating funds are not adequate to meet vacation, compensatory and sick time paid out or retiree medical cost obligations within the current year. 2. Contractually Restricted Reserves: These are funds held to satisfy limitations set by external requirements established by creditors, grant agencies or law. Examples include stipulated bond covenants and reserves held with a fiscal agent. 2.0 US Bank 2008 COP Reserve A. Definition and Purpose – Established to cover reserve requirements held with a designated fiscal agent (US Bank) for the 2008 Certificates of Participation. June 11, 2015 Page 4 of 4 B. Target Level – Funding shall be held in an amount equal to $2,147,096. C. Events or Conditions Prompting the Use of the Contractually Restricted Reserve – This reserve may be utilized as needed by the fiscal agent to pay any outstanding debt service payments not covered by the District within the specified billing and due dates. End of Policy Document ITEM NO. 10.1 AGENDA REPORT Meeting Date: June 11, 2015 Subject:Interagency Committee with MWDOC and OCWD (Collett/Melton) · Minutes of the meeting held May 26, 2015 at 4:00 p.m. · Next meeting is scheduled July 28, 2015 at 4:00 p.m. ATTACHMENTS: Name:Description:Type: 052615_MWDOC_OCWD_-_Minutes.docx Minutes Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT JOINT AGENCY COMMITTEE MEETING WITH MWDOC AND OCWD Tuesday, May 26, 2015, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The May 26, 2015 meeting of the Yorba Linda Water District’s Joint Agency Committee with MWDOC and OCWD was called to order at 4:00 p.m. The meeting was held in the Admin Conference Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. ROLL CALL YLWD COMMITTEE MEMBERS YLWD STAFF Director Ric Collett Marc Marcantonio, General Manager Director Gary Melton Steve Conklin, Engineering Manager John DeCriscio, Operations Manager MWDOC COMMITTEE MEMBER MWDOC STAFF Director Brett Barbre Rob Hunter, General Manager OCWD COMMITTEE MEMBER OCWD STAFF Director Roger Yoh Mike Markus, General Manager OTHER ATTENDEES None. 3. PUBLIC COMMENTS None. 4. DISCUSSION ITEMS 4.1. State Water Resources Control Board's Drought Response Mandate and Projection for Greater Conservation General Manager Marcantonio briefed the Committee on the proposed Drought-Penalties Ordinance that he will be presenting to the YLWD Board on May 28, 2015 for consideration. If approved, this ordinance along with the current Water Conservation Ordinance, Stage 3 Limits, will be used in concert in an effort to achieve the 36% reduction in water use mandated by the State. 4.2. MWDOC Member Agencies Response to Drought and Turf Replacement Rebate Program Director Barbre reported that, due to the massive response to the turf- replacement program, MWD is proposing to increase the budget for that 2 program from its current $100 million to $450 million, with max caps for residential and commercial requests. 4.3. MWD Water Supply Conditions and Outlook Dir Barbre reported that conditions remain good for southern California, relative to the conditions in northern California, though it was noted that the long-term outlook for the Colorado River basin is less promising. 4.4. MWDOC's OC Water Reliability Investigation Gen Manager Hunter reported that progress continues with work products planned to be released for review this summer. 4.5. OCWD Groundwater Basin Condition, Basin Production Percentage, and Replenishment Assessment Gen Manager Markus reported that conditions remain about the same, with the basin at about 400,000 AF overdraft. They anticipate that they may be able to hold the line on overdraft, with recharge supplies in the range of 98,000 AF from GWRS, 50-55,000 AF MWD untreated, and 65,000 AF baseflow in the SAR. 4.6. Huntington Beach Desalination Project and Next Steps Gen Manager Markus reported that the OCWD Board approved proceeding with further consideration and investigation of the Poseidon term sheet conditions. The Board also approved a budget of $230,000 to retain specialty consultants for various aspects of the investigation, which he estimates will take in the range of 9 months to complete before returning to the Board with findings. 4.7. Potential Projects for the Water Bond and Outlook for Bay Delta Conservation Plan Gen Manager Markus reported that OCWD has identified several projects for which they will apply for grant money under the Bond. Concerning the BDCP, the outlook was less than rosy. 4.8. Status of North Basin and South Basin Projects Gen Manager Markus reported that meetings are continuing with Federal and State agencies. 4.9. YLWD Well Projects and Proposal for Dual-Use Engineering Manager Conklin reported that the YLWD Board has authorized staff to move ahead with construction of the Well 21 Equipping Project and the Richfield Road Pipeline Project. Completion will be about one-year out. He noted that staff has been tied up with other projects and plans to meet in the near future with OCWD staff regarding terms and conditions for the agreement for the proposed Well 22 project on OCWD property. 3 4.10. Future Agenda Items None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 5:30 p.m. The next YLWD/MWDOC/OCWD Joint Agency Committee meeting is scheduled to be held Tuesday, July 28, 2015 at 4:00 p.m. SC ITEM NO. 11.3 AGENDA REPORT Meeting Date: June 11, 2015 Subject:OCSD Operations Committee - June 3, 2015 (Kiley/Beverage) SUMMARY: Minutes from the meeting held May 6, 2015 can be viewed on OCSD's website: http://www.ocsd.com/Home/ShowDocument?id=17143 ITEM NO. 12.1 AGENDA REPORT Meeting Date: June 11, 2015 Subject:Meetings from June 12, 2015 - July 31, 2015 ATTACHMENTS: Name:Description:Type: BOD_-_Activities_Calendar.pdf Backup Material Backup Material Event Date Attendance by: June 2015 Yorba Linda City CouncilTue, Jun 16Collett LAFCOWed, Jun 17Beverage (As Needed) MWDOCWed, Jun 17Melton OCWDWed, Jun 17Kiley Board of Directors Workshop MeetingThu, Jun 18 Citizens Advisory Committee MeetingMon, Jun 22Collett Joint Committee Meeting with City of PlacentiaMon, Jun 22Melton/Kiley Joint Committee Meeting with City of Yorba LindaTue, Jun 23Collett/Beverage Yorba Linda Planning CommissionWed, Jun 24Hawkins OCSDWed, Jun 24Kiley/Beverage Board of Directors Regular MeetingThu, Jun 25 Yorba Linda LMCACThu, Jun 25Beverage (As Needed) Groundwater Replenishment System Initial ExpansionFri, Jun 26Collett/Kiley July 2015 MWDOCWed, Jul 1Melton OCSD Operations CommitteeWed, Jul 1Kiley/Beverage OCWDWed, Jul 1Collett Yorba Linda City CouncilTue, Jul 7Beverage LAFCOWed, Jul 8Beverage (As Needed) Board of Directors Regular MeetingThu, Jul 9 Yorba Linda LMCACThu, Jul 9Beverage (As Needed) WACOFri, Jul 10Hawkins/Kiley MWDOCWed, Jul 15Melton OCWDWed, Jul 15Kiley Yorba Linda Planning CommissionWed, Jul 15Melton Board of Directors Workshop MeetingThu, Jul 16 Yorba Linda City CouncilTue, Jul 21Collett OCSDWed, Jul 22Kiley/Beverage Board of Directors Regular MeetingThu, Jul 23 Yorba Linda LMCACThu, Jul 23Beverage (As Needed) Citizens Advisory Committee MeetingMon, Jul 27Collett Interagency Committee Meeting with MWDOC and OCWDTue, Jul 28Collett/Melton Yorba Linda Planning CommissionWed, Jul 29Hawkins ISDOCThu, Jul 30Hawkins/Kiley 8:30AM 4:00PM 6:30PM 11:30AM 6:30PM 8:30AM 6:30PM 6:30PM 8:30AM 6:30PM 8:00AM 8:30AM 6:30PM 7:30AM 8:30AM 5:30PM 8:30AM 5:00PM 5:30PM 6:30PM 10:00AM 6:30PM 6:30PM 8:30AM 6:30PM 9:00AM 8:00AM 8:30AM 5:30PM 1:00PM 8:30AM 2:00PM Board of Directors Activity Calendar Time 6:30PM 6/4/2015 2:38:30 PM ITEM NO. 13.1 AGENDA REPORT Meeting Date: June 11, 2015 Subject:Save Water Expo - June 6, 2015 CASA Annual Conference - August 19-21, 2015 UWI Annual Conference - August 26-28, 2015 STAFF RECOMMENDATION: That the Board of Directors authorize and/or ratify Director attendance at these events if desired. ATTACHMENTS: Name:Description:Type: Save_Water_Expo.pdf Backup Material Backup Material CASA_Conf.pdf Backup Material Backup Material UWI_Conf.pdf Backup Material Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/11/2015 PH/RK 5-0 EVENT SAVEWATER PARKING � • ARTIC 2929 EAST KAT e 928 ANAHEIM, CA 92606 6 SATURDAY June 6th, 2015 w ` KAT LUAVE 1OAM-2PM • FREE Family Event • FREE Water Conservation Workshops � o • FREE Giveaways and Rattles ®® _ • Fun Games, Bucket Truck Ifb! Rides, Water Saving ��ll Demonstrations and more. .. �1tl�11Ade�fll� �;o• PUBLIC UTILITIES NAM LEARN MORE AT ANAHEIM.NETISAVEWATER Wednesday, August 19 8:00 am - 12:00 pmCSRMA Training Seminar 12:00 pm - 5:00 pm Registration 10:30 am - 12:30 pm CASA Board Meeting 1:00 pm - 3:00 pm Pre-Conference Sessions - Dual Tracks 3:15 pm - 4:15 pmUtility Leadership Committee 4:15 pm - 5:30 pmAssociates Committee Meeting 5:00 pm - 6:30 pmCSRMA Executive Board Meeting Thursday, August 20 7:30 am - 9:00 am Continental Breakfast CSRMA Board of Directors Meeting Federal Legislative Committee 8:00 am - 9:00 amCommunications Workgroup Meeting 9:00 am - 12:00 pmMorning Sessions 12:00 pm - 1:30 pmConference Luncheon & Business Session 1:45 pm - 4:30 pm Afternoon Session 5:30 pm - 6:30 pm Conference Reception Friday, August 21 7:30 am - 1:00 pmRegistration 7:30 am - 9:30 am All American Breakfast 7:30 am - 9:00 amState Legislative Committee Meeting 9:00 am - 11:00 am Closing Session 11:00 am - 3:00 pm Attorneys Committee Meeting 2015 CASA Annual Conference Itinerary August 19 - 21 Manchester Grand Hyatt ENSURING CLEAN WATER FOR CALIFORNIA Ensuring Clean Water for California 60th Annual Conference - August 19-21, 2015 Date: Aug 19 2015 - 8:00am to Aug 21 2015 - 11:00am LOCATION Manchester Grand Hyatt One Market Place San Diego, CA 92101 Room Rate: $219 per night Cut-off Date: July 28, 2015 Check-in: 4:00 PM Check-out: 11:00 AM Reservations: Reserve your room online or call 888.421.1442 CASA Registration CSRMA Seminar Registration Form Full program details are coming soon, but you can view the preliminary itinerary here. Type: conferences Join CASA CASA is the leading voice for public wastewater agencies regarding regulatory, legislative and legal issues. Join Today! 1225 8th Street, Suite 595 Sacramento, CA 95814 p: 916.446.0388 The California Association of Sanitation Agencies provides leadership, advocacy and information to our members, legislators and the public, and promotes partnerships on clean water and beneficial reuse issues that protect public health and the environment. California Association of Sanitation Agencies CASA 2015 60th Annual Conference Ensuring Clean Water for California August 19 - 21, 2015 Manchester Grand Hyatt San Diego Please register by Wednesday, August 5 First Name Last Name Nickname Title Agency/Firm Email Guest First Name Guest Last Name Check One Director Manager/Staff Associate Attorney Guest/Student Non-member Registration Type Full Conference Member- $525.00 Wednesday Only Member- $315.00 Thursday Only Member- $425.00 Friday Only Member- $150.00 Guest/Student Lunch Thursday- $50.00 Guest/Student (Breakfast & Reception)- $75.00 Non-Member Full Conference- $925.00 Non-Member One-Day- $925.00 Delegate Two First Name Last Name Nickname Title Agency/Firm Email Guest First Name Guest Last Name Check One Director Manager/Staff Associate Attorney Guest/Student Non-member Registration Type Full Conference Member- $525.00 Wednesday Only Member- $315.00 Thursday Only Member- $425.00 Friday Only Member- $150.00 Guest/Student Lunch Thursday- $50.00 Guest/Student (Breakfast & Reception)- $75.00 Non-Member Full Conference- $925.00 Non-Member One-Day- $925.00 Delegate Three First Name Last Name Nickname Title Agency/Firm Email Guest First Name Guest Last Name Check One Director Manager/Staff Associate Attorney Guest/Student Non-member Registration Type Full Conference Member- $525.00 Wednesday Only Member- $315.00 Thursday Only Member- $425.00 Friday Only Member- $150.00 Guest/Student Lunch Thursday- $50.00 Guest/Student (Breakfast & Reception)- $75.00 Non-Member Full Conference- $925.00 Non-Member One-Day- $925.00 Confirmation Yes, email registration confirmation $50 Cancellation fee on or before Wednesday, August 5, 2015. No Refund for late cancellations after Wednesday, August 5, 2015. Please notify CASA via email of a cancellation, refund or change request by contacting Cheryl MacKelvie at cmackelvie@casaweb.org. URBAN WATER INSTITUTE’S 22nd Annual Water Conference Running On Empty August 26-28, 2015 Hilton San Diego Resort & Spa 1775 East Mission Bay Drive ● San Diego, CA 92109 To register please visit our website www:urbanwater:com Hear Opposing Views From Several Experts on These Hot Button Issues.  The Unthinkable! A Shortage On The Colorado River.……Can It Happen?  Rita Sudman Spent Her Career Educating Westerners On Water.……What Did She Learn?  A 36% Reduction.……How To Get There And Who’s Counting?  Coming This Fall! The Largest Desalination Plant In The U…S… Opens.……How Much Of A Difference Will It Make?  What’s Your Idea To Fix The Drought? Bring It With You And We Will Send It To Sacramento…  Jerry Meral Will Accept The Water Leader Of The Year Award!  What Is San Diego’s Pure Water Program?  Two Court Justices Discuss Western Law & It’s Impact On Us Today…  Storage.……Where & Why? Confirmed Speakers Halla Razak, Public Utilities Director City of San Diego Mark Weston, Board Chair San Diego County Water Authority Rita Sudman, Senior Advisor Water Education Foundation Justice Gregory J: Hobbs, Jr: Colorado Supreme Court Justice Ronald B: Robie California Courts of Appeal Gregory Newmark Principal, Meyers Nave Invited Speakers Terry Fulp, Lower Colorado Regional Director, Bureau of Reclamation John Entsminger, General Manager, Southern Nevada Water Authority Kevin Faulconer, Mayor San Diego Meeting The Mandates For more information please contact Julie Ackman at (949) 679-9676 or julie@urbanwater…com NAME: ________________________________________________TITLE: ___________________________________________ ORGANIZATION:_______________________________________________________________________________________ ADDRESS:_________________________________________CITY/STATE/ZIP:_____________________________________ TEL:____________________FAX:____________________E-MAIL:_________________________________________________ Registration fees include handouts, breakfasts, luncheon, breaks and receptions. Note: Self parking for hotel guests is complimentary ____$375 Urban Water Member Registration Fee for Conference August 26-28, 2015 (Must be a member of the Urban Water Institute with 2015 dues paid in full) _____$475 Non-Member Registration Fee for Conference August 26-28, 2015 _____$100 Spouse Registration - Includes breakfasts, luncheon, breaks and receptions. Spouse Name For Nametag: The Annual Water Conference will be conducted in San Diego at The Hilton San Diego Resort & Spa located at: 1775 East Mission Bay Drive, San Diego, CA 92109 Please contact the hotel directly to reserve your room, we have a special conference rate of $199 per night plus tax. To make your room reservations, call the Hilton San Diego Resort directly at (619) 276-4010 and reference Urban Water Institute. Please note the cut-off date for the group rate is August 4, 2015. Reservations can also be made online at www.hilton.com. (All Registrations Should Be Made In Advance) To pay by credit card visit our website www.urbanwater.com. You can register online and pay with a Visa, MasterCard or American Express. To pay by check, please complete the Registration Form and send it along with a check made payable to : Urban Water Institute: 24651 Evereve Circle, Suite 1, Lake Forest, CA 92630. After August 12, 2015 registrations will be accepted at the door on a space available basis, with an additional $25 administrative charge. Cancellations must be received in writing by August 12, 2015. Faxes are accepted at (949) 305-9919. Registration fee will be refunded, less a $50 administrative charge if received by August 12, 2015. Substitutes are accepted. No refunds after August 12, 2015. The Institute reserves the right to substitute announced speakers and assumes no responsibility for personal expenses. Information on exhibiting and sponsoring may be obtained by calling (949) 679-9676 or can be found on the Urban Water Institute Website www.urbanwater.com. MAIL CONFERENCE REGISTRATION CHECKS PAYABLE TO: Urban Water Institute: 24651 Evereve Circle, Suite 1  Lake Forest, CA 92630 Tax ID # 33-0578523 For More Information Contact Julie Ackman at (949) 679-9676 or julie@urbanwater.com