HomeMy WebLinkAbout2016-07-28 - Board of Directors Meeting Agenda Packet
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, July 28, 2016, 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
4.1. Floor Alert Opposing SB 814 - Drought: Excessive Water Use: Urban Retail Water
Suppliers, by Senator Jerry Hill (D-San Mateo)
Recommendation: That the Board of Directors consider adding this matter to the
agenda as Item No. 8.6. as it came to the District's attention subsequent to posting
the agenda and requires immediate action.
5. INTRODUCTIONS AND PRESENTATIONS
5.1. MWDSC/MWDOC Director's Report
6. 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.
7. 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.
7.1. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize disbursements in
the amount of $3,949,120.07.
7.2. Cash and Investment Reports for Period Ending June 30, 2016
Recommendation: That the Board of Directors receive and file the Cash and
Investment Reports for the Period Ending June 30, 2016.
8. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board discussions are needed prior to
formal Board action.
8.1. Certificates of Sufficiency of Petitions to Recall Directors Bob Kiley and Gary Melton
Recommendation: That the Board of Directors accept the Certificates of Sufficiency
of Petitions to Recall Directors Bob Kiley and Gary Melton.
8.2. Issuance of Order Stating that an Election Shall be Held
Recommendation: That the Board of Directors issue an order stating that pursuant
to Elections Code §§ 11240 and 11242, an election shall be held to determine
whether or not the Directors named in the recall petitions shall be recalled, and to
consolidate this election with the General Election scheduled November 8, 2016.
8.3. Board of Directors Policies and Procedures Manual
Recommendation: That the Board of Directors approve Resolution No. 16-12
Adopting a Board of Directors Policies and Procedures Manual and Rescinding
Resolution No. 15-05.
8.4. Sewer Charges Collected on Tax Roll for Fiscal Year 2016/17
Recommendation: That the Board of Directors approve Resolution No. 16-13
Electing to Have Certain Sewer Maintenance Charges Collected on the FY 2016/17
Tax Roll and Superseding Resolution No. 15-17.
8.5. Terms and Conditions for Water and Sewer Service with Zelman Development Co.
Recommendation: That the Board of Directors approve the Terms and Conditions
for Water and Sewer Service with Zelman Development Co., Job No. 201610.
9. REPORTS, INFORMATION ITEMS, AND COMMENTS
9.1. President's Report
9.2. Directors' Reports
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 July 26, 2016 at 4:00 p.m. (To be provided when
available.)
· Next meeting scheduled September 27, 2016 at 4:00 p.m.
10.2. Joint Agency Committee with City of Yorba Linda
(Collett/Beverage)
· Minutes of the meeting held July 27, 2016 at 9:00 a.m. (To be provided when
available.)
· Next meeting yet to be scheduled.
10.3. Interagency Committee with City of Placentia and Golden State Water Company
(Collett/Kiley)
· Next meeting yet to be scheduled.
10.4. Citizens Advisory Committee
(Melton)
· Minutes of the meeting held June 27, 2016 at 8:30 a.m. (To be provided when
available.)
· Minutes of the meeting held July 25, 2016 at 8:30 a.m. (To be provided when
available.)
· Next meeting scheduled August 22, 2016 at 8:30 a.m.
11. INTERGOVERNMENTAL MEETINGS
11.1. YL City Council - July 19, 2016 (Beverage)
11.2. MWDOC Board - July 20, 2016 (Melton)
11.3. OCWD Board - July 20, 2016 (Kiley)
11.4. OCSD Board - July 27, 2016 (Kiley/Beverage)
11.5. YL Planning Commission - July 27, 2016 (Hawkins)
12. BOARD OF DIRECTORS ACTIVITY CALENDAR
12.1. Meetings from July 29, 2016 - August 31, 2016
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. ACWA Region 8 Disaster Preparedness Seminar - August 4, 2016
OCWD H2O Learning Center Dedication - August 5, 2016
CASA Annual Conference - August 10-12, 2016
OCWD-OCSD Community Open House - August 13, 2016
Recommendation: That the Board of Directors approve 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: Kent Ebinger and Yorba Linda Taxpayers Association vs. Yorba Linda
Water District (OC Superior Court - Case No. 00829548)
14.2. Conference with Legal Counsel - Potential Initiation of Litigation
Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California
Government Code
Name of Case: Irvine Ranch Water District vs. Orange County Water District (OC
Superior Court - Case No. 00858584)
14.3. Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: General Manager
15. ADJOURNMENT
15.1. The next Regular Board of Directors Meeting will be held Thursday, August 11, 2016 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. 4.2
AGENDA REPORT
Meeting Date: July 28, 2016
Subject:Floor Alert Opposing SB 814 - Drought: Excessive Water Use: Urban Retail
Water Suppliers, by Senator Jerry Hill (D-San Mateo)
STAFF RECOMMENDATION:
That the Board of Directors consider adding this matter to the agenda as Item No. 8.6. as it came to
the District's attention subsequent to posting the agenda and requires immediate action.
ATTACHMENTS:
Name:Description:Type:
Item_No._8.6_-_Agenda_Report.pdf Agenda Report Backup Material
Material Distributed Less Than 72 Hours Prior to the Meeting
ITEM NO. 8.6.
AGENDA REPORT
Meeting Date: July 28, 2016
To: Board of Directors
From: Marc Marcantonio, General Mgr
Presented By: Damon Micalizzi, Public Affairs Mgr Dept: Public Affairs
Reviewed by Legal : No
Prepared By: Damon Micalizzi, Public Affairs Mgr
Subject: Floor Alert Opposing SB 814 - Drought: Excessive Water Use: Urban Retail
Water Suppliers, by Senator Jerry Hill (D-San Mateo)
SUMMARY:
Mesa Water®, Desert Water Agency and El Dorado Irrigation District are calling for agencies
to join a coalition in opposition to SB 814 (Hill). The bill is headed to the Assembly Floor when
the legislative session resumes on Monday, August 1, 2016.
STAFF RECOMMENDATION:
That the Board of Directors authorize the General Manager to sign on to the Floor Alert
Opposing SB 814 on behalf of the District.
DISCUSSION:
This bill contains troublesome language that, during a Governor-declared drought state of
emergency, would:
• Create new laws for urban residential excessive water use, thus forcing agencies to
have an enforcement arm.
• Compel local urban agencies to set a water budget for excessive water use by each
customer, with local agencies determining “excessive” water use by considering all of
the below factors:
o Average daily use;
o Full-time occupancy of households;
o Amount of landscaped land on a property;
o Rate of evapotranspiration; and,
o Seasonal weather changes.
•Force local urban agencies to establish a rate structure that includes block tiers, water
budgets, penalties for prohibited use, or rate surcharges over and above base rates for
excessive water use by residential customers as a method to identify and restrict
excessive water use.
•Impose an unfunded state-mandated local program that would impact urban water
districts, cities, and counties with higher costs for code enforcement, issuing and
tracking water tickets and fines, facilitating a water court and appeals process, and
related activities.
STRATEGIC PLAN:
CP 2-D: Enhance the District’s Regional Water and Wastewater Industry Participation
PRIOR RELEVANT BOARD ACTION(S):
N/A
ATTACHMENTS:
Floor Alert
Senate Bill No. 814
FLOOR ALERT
RE: SB 814 (HILL) ---- OPPOSE
FROM: ___________________________________________
The agencies listed above are opposed to SB 814 and urge your NO vote when the bill
is heard on the Assembly floor. SB 814 prohibits “excessive” water use by a residential
customer during statewide or local emergency drought conditions and requires urban
water suppliers to establish a method to identify and discourage excessive water use.
• According to the SWRCB, since June of 2015, an average of 8,900
penalties per month has already been issued for either water waste or
drought surcharges (charges imposed for water use over a specific
amount).
• We believe that the provisions of this bill represent an unwelcome and
unnecessary intrusion into the responsibility of local elected officials to
establish policy for the customers they govern.
• The bill promotes a rate structure (budget based rates) that had an 80%
failure rate statewide.
• High costs for locals to implement the provisions of the bill will be passed
on to all ratepayers, including businesses and public agencies.
• The bill targets less than 1% of urban households that did not comply with
conservation targets during the recent drought which the other 99% of
customers will pay for. The bill punishes everyone for the behavior of a
few and even this bill won’t change the behavior of the non-compliant 1%.
• During declared drought, the bill may force public water agencies to
engage in a costly Prop 218 compliance process to adopt a new rate
structure that may violate Prop 218 and lead to litigation.
For the above reasons, we respectfully urge your NO vote on SB 814 when it is heard
on the Assembly floor.
AMENDED IN ASSEMBLY JUNE 21, 2016
AMENDED IN ASSEMBLY JUNE 6, 2016
AMENDED IN SENATE MARCH 30, 2016
AMENDED IN SENATE MARCH 17, 2016
SENATE BILL No. 814
Introduced by Senator Hill
January 4, 2016
An act to add Chapter 3.3 (commencing with Section 365) to Division
1 of the Water Code, relating to water.
legislative counsel’s digest
SB 814, as amended, Hill. Drought: excessive water use: urban retail
water suppliers.
The California Constitution declares the policy that the water resources
of the state be put to beneficial use to the fullest extent of which they
are capable, that the waste or unreasonable use or unreasonable method
of use of water be prevented, and that the conservation of such waters
is to be exercised with a view to the reasonable and beneficial use of
the waters in the interest of the people and for the public welfare.
Existing law requires the Department of Water Resources and the State
Water Resources Control Board to take all appropriate proceedings or
actions to prevent waste, unreasonable use, unreasonable method of
use, or unreasonable method of diversion of water in this state. Existing
law authorizes any public entity, as defined, that supplies water at retail
or wholesale for the benefit of persons within the service area or area
of jurisdiction of the public entity to, by ordinance or resolution, adopt
and enforce a water conservation program to reduce the quantity of
water used for the purpose of conserving the water supplies of the public
Corrected 6-21-16—See last page.95
entity. Existing law provides that a violation of a requirement of a water
conservation program is a misdemeanor punishable by imprisonment
in a county jail for not more than 30 days, or by a fine not exceeding
$1,000, or both.
This bill would declare that during prescribed periods excessive water
use by a residential customer, as specified, is prohibited, if during a
period when certain conditions exist, as prescribed. customer in a
single-family residence or by a customer in a multiunit housing complex,
as specified, is prohibited. This bill bill, during prescribed periods,
would require each urban retail water supplier to establish a method to
identify and discourage excessive water use. This bill would authorize
as a method to identify and discourage excessive water use the
establishment of a rate structure that includes block tiers, water budgets,
or rate surcharges over and above base rates for excessive water use by
residential customers. This bill would authorize as a method to identify
and discourage excessive water use the establishment of an excessive
water use ordinance, rule, or tariff condition that includes a definition
of or procedure to identify and address excessive water use, as
prescribed, and would make a violation of this excessive water use
ordinance, rule, or tariff condition an infraction or administrative civil
penalty and would authorize the penalty for a violation to be based on
conditions identified by the urban retail water supplier. By creating a
new infraction, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 3.3 (commencing with Section 365) is
line 2 added to Division 1 of the Water Code, to read:
95
— 2 —SB 814
line 1 Chapter 3.3. Excessive Residential Water Use During
line 2 Drought
line 3
line 4 365. (a) The Legislature finds and declares that this chapter
line 5 furthers important state policies of encouraging water conservation
line 6 and protecting water resources in the interest of the people and for
line 7 the public welfare.
line 8 (b) For the purposes of this chapter, “urban retail water supplier”
line 9 has the same meaning as provided in Section 10608.12.
line 10 366. (a) Excessive water use during During periods described
line 11 in subdivision (a) of Section 367 367, excessive water use is
line 12 prohibited by a residential customer in a single-family residence
line 13 or by a customer in a multiunit housing complex in which each
line 14 unit is individually metered or submetered by the urban retail water
line 15 supplier is prohibited. supplier.
line 16 (b) Each urban retail water supplier shall establish a method to
line 17 identify and discourage excessive water use, through one of the
line 18 following options:
line 19 (1) Establishing a rate structure, subject to applicable
line 20 constitutional and statutory limitations, that includes block tiers,
line 21 water budgets, or rate surcharges over and above base rates for
line 22 excessive water use by a residential water customer.
line 23 (2) (A) Establishing an excessive water use ordinance, rule, or
line 24 tariff condition, or amending an existing ordinance, rule, or tariff
line 25 condition, that includes a definition of or a procedure to identify
line 26 and address excessive water use by metered single-family
line 27 residential customers and customers in multiunit housing
line 28 complexes in which each unit is individually metered or
line 29 submetered and may include a process to issue written warnings
line 30 to a customer and perform a site audit of customer water usage
line 31 prior to deeming the customer in violation. Excessive
line 32 (B) For the purposes of subparagraph (A), excessive water use
line 33 shall be measured in terms of either gallons or hundreds of cubic
line 34 feet of water used during the urban retail water supplier’s regular
line 35 billing cycle. In establishing the definition of excessive use, the
line 36 urban retail water supplier may consider factors that include, but
line 37 are not limited to, all of the following:
line 38 (i) Average daily use.
line 39 (ii) Full-time occupancy of households.
line 40 (iii) Amount of landscaped land on a property.
95
SB 814— 3 —
line 1 (iv) Rate of evapotranspiration.
line 2 (v) Seasonal weather changes.
line 3 (B)
line 4 (C) (i) A violation of an excessive use ordinance, rule, or tariff
line 5 condition established pursuant to subparagraph (A) shall result in
line 6 an infraction or administrative civil penalty. The penalty for a
line 7 violation may be based on conditions identified by the urban retail
line 8 water supplier and may include, but is not limited to, a fine of up
line 9 to five hundred dollars ($500) for each hundred cubic feet of water,
line 10 or 748 gallons, used above the excessive water use threshold
line 11 established by the urban retail water supplier in a billing cycle.
line 12 Any
line 13 (ii) Any fine imposed pursuant to this subparagraph shall be
line 14 added to the customer’s water bill and is due and payable with that
line 15 water bill. Each
line 16 (iii) Each urban retail water supplier shall have a process for
line 17 nonpayment of the fine, which shall be consistent with due process
line 18 and reasonably similar to the water supplier’s existing process for
line 19 nonpayment of a water bill.
line 20 (C)
line 21 (D) (i) Consistent with due process, an urban retail water
line 22 supplier shall establish a process and conditions for the appeal of
line 23 a fine imposed pursuant to subparagraph (B) (C) whereby the
line 24 customer may contest the imposition of the fine for excessive water
line 25 use.
line 26 (ii) As part of the appeal process, the customer shall be provided
line 27 with an opportunity to provide evidence that there was no excessive
line 28 water use or of a bona fide reason for the excessive water use,
line 29 including evidence of a water leak, a medical reason, or any other
line 30 reasonable justification for the water use, as determined by the
line 31 urban retail water supplier.
line 32 (iii) As part of the appeal process, the urban retail water
line 33 supplier shall provide documentation demonstrating the excessive
line 34 water usage.
line 35 (c) (1) The provisions of subdivision (b) do not apply to an
line 36 urban retail water supplier that is not fully metered in accordance
line 37 with Section 527. An urban retail water supply supplier shall
line 38 comply with the provisions of subdivision (b) when all of the water
line 39 supplier’s residential water service connections are being billed
line 40 based on metered water usage.
95
— 4 —SB 814
line 1 (2) An urban retail water supplier that is not fully metered shall
line 2 prohibit water use practices by an ordinance, resolution, rule, or
line 3 tariff condition that imposes penalties for prohibited uses of water
line 4 supplied by the water supplier. The urban retail water supplier may
line 5 include a process to issue written warnings prior to imposing
line 6 penalties as well as increased penalty amounts for successive
line 7 violations.
line 8 367. (a) This chapter applies only as follows:
line 9 (1) During a period for which the Governor has issued a
line 10 proclamation of a state of emergency under the California
line 11 Emergency Services Act (Chapter 7 (commencing with Section
line 12 8550) of Division 1 of Title 2 of the Government Code) based on
line 13 statewide drought conditions to an urban retail water supplier that
line 14 has moved to a stage of action in response to a local water supply
line 15 shortage condition under the water supplier’s contingency plan
line 16 pursuant to paragraph (1) of subdivision (a) of Section 10632 that
line 17 requires mandatory water use reductions.
line 18 (2) To an urban retail water supplier during a period in which
line 19 the water supplier has moved to a stage of action in response to a
line 20 local water supply shortage condition under the water supplier’s
line 21 contingency plan pursuant to paragraph (1) of subdivision (a) of
line 22 Section 10632 that requires mandatory water use reductions.
line 23 (3) To an urban retail water supplier affected during a period
line 24 for which the Governor has issued a proclamation of a state of
line 25 emergency under the California Emergency Services Act (Chapter
line 26 7 (commencing with Section 8550) of Division 1 of Title 2 of the
line 27 Government Code) based on local drought conditions.
line 28 (b) The provisions of this chapter are in addition to, and do not
line 29 supersede or limit, any other measures or remedies implemented
line 30 by an urban retail water supplier.
line 31 SEC. 2. No reimbursement is required by this act pursuant to
line 32 Section 6 of Article XIII B of the California Constitution because
line 33 the only costs that may be incurred by a local agency or school
line 34 district will be incurred because this act creates a new crime or
line 35 infraction, eliminates a crime or infraction, or changes the penalty
line 36 for a crime or infraction, within the meaning of Section 17556 of
line 37 the Government Code, or changes the definition of a crime within
line 38 the meaning of Section 6 of Article XIII B of the California
line 39 Constitution.
95
SB 814— 5 —
line 1
CORRECTIONS: line 2
line 3 Amended Date—Page 1.
line 4
O
95
— 6 —SB 814
ITEM NO. 7.1
AGENDA REPORT
Meeting Date: July 28, 2016 Budgeted:Yes
To:Board of Directors Cost Estimate:$3,949,120.07
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 $3,949,120.07.
DISCUSSION:
The major items on this disbursement list are as follows: A wire of $603,613.31 to MWDOC for May 2016
water purchases; a wire of $10,094.74 to So. California Gas Co. for June 2016 gas charges at multiple
locations; a wire of $1,809,385.62 to OCWD – Pump tax for replenishment assessment for January 2016 –
June 2016; a wire of $217,693.34 to CalPERS for FY16/17 OPEB Annual Required Contribution – ARC; a
wire of $251,948.00 to CalPERS for FY16/17 Annual prepayment on the Unfunded Accrued Liability (UAL); a
check of $105,857.18 to ACWA/JPIA for August 2016 medical & dental premium; a check of $81,060.77 to
Burtech Pipeline, Inc. for sewer main lines rehabilitation progress payment #03; a check of $270,901.89 to
MWDOC for Annual Retail Service Connection for FY 16/17; and a check of $55,670.00 to Pascal & Ludwig
Contractors for Well #21 progress payment #06. The balance of $302,098.83 is routine invoices.
The Accounts Payable check register total is $3,708,323.68; Payroll No. 14 total is $240,796.39; and the
disbursements of this agenda report are $3,949,120.07. 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:
CkReg072816.pdf CHECK REGISTER Backup Material
16-CS_0728.pdf CAP SHEET Backup Material
16_CC_0728.pdf CREDIT CARD SUMMARY Backup Material
Check No.Date Vendor Name Amount Description
67991 07/28/2016 ACWA/JPIA 105,857.18 MEDICAL & DENTAL PREMIUM - AUGUST 2016
67992 07/28/2016 ACWA/JPIA 31,793.00 2ND QTR 2016 WORKER COMPENSATION PREMIUM
67993 07/28/2016 Air Treatment Corporation 1,957.92 AC & HEATING REPAIR PARTS
67994 07/28/2016 Alfredo Vargas 850.32 TRAVEL EXPENSE - ESRI (GIS) CONFERENCE
67980 07/28/2016 ALICIA BERNARD 60.53 CUSTOMER REFUND
67995 07/28/2016 Aramark 584.82 UNIFORM SERVICE
68013 07/28/2016 ARC 20.15 J10-11B - PW DMF/DOC MGMT
67997 07/28/2016 AT & T 47.69 CIRCUIT #78KS315PT
67996 07/28/2016 AT&T 32.06 ATT LONG DISTANCE SERVICE - JUNE 2016
67998 07/28/2016 Autoscribe Corporation 710.50 PAYMENT VISION GATEWAY
68001 07/28/2016 B & M Lawn and Garden Inc 61.20 HARDWARE SUPPLIES
67999 07/28/2016 Bay Air Systems, Inc.13,820.00 IT - ULTRA SONIC HUMIDIFIER
68000 07/28/2016 Bee Busters, Inc 150.00 BEE COLONY ABATEMENT - 22735 HIDDEN HILL
68002 07/28/2016 Brian Vargas 25.00 TRAVEL EXPENSE - AWWA ACE 2016
68003 07/28/2016 Burtech Pipeline, Inc.81,060.77 J15-10S - 2016 SEWER MAIN REHABILITATION - PROGRESS PAYMENT #03
68076 07/28/2016 Cal Municipal Treasurers Assn 155.00 2016-17 CMTA MEMBERSHIP RENEWAL - LUGO,D
68004 07/28/2016 CalCard US Bank 12,538.87 CREDIT CARD TRANSACTIONS - MARCH THROUGH JULY 2016
W072816A 07/28/2016 CalPERS 217,693.34 FY16/17 OPEB ANNUAL REQUIRED CONTRIBUTION - ARC
W072816B 07/28/2016 CalPERS 251,948.00 FY16/17 ANNUAL UNFUNDED ACCRUED LIABILITY - (UAL)
67986 07/28/2016 CARRIE BRENNAN 15.30 CUSTOMER REFUND
68005 07/28/2016 CDW Government, Inc 15,433.94 IT EQUIPMENT & HARDWARE - ROUTERS
68006 07/28/2016 Chambers Group Inc.2,362.73 PROFESSIONAL SERVICES - JUNE 2016
68007 07/28/2016 Citizen's Business Bank 2,930.00 J09-22#21 - WELL 21 - RETENTION PAYABLE #06
68008 07/28/2016 City Of Placentia 2,698.04 SEWER FEES - JUNE 2016
68009 07/28/2016 Clinical Lab. Of San Bern.2,880.00 LAB TESTING - WATER QUALITY - MAY & JUNE 2016
68010 07/28/2016 CNA Surety 850.00 SECURITY BONDS - MARCANTONIO, M & LUGO, D
68011 07/28/2016 Coast Surveying, Inc.11,950.00 J14-11 - BOX CANYON PRS REHAB - MAY 2016
68012 07/28/2016 Coastal Ignition & Controls 1,458.50 SPARK PLUGS - FLEET MAINTENANCE
68014 07/28/2016 Costco 110.00 MEMBERSHIP 2016 - 2017
68015 07/28/2016 Culligan of Santa Ana 2,083.31 EQUIPMENT - PE SOFTENER
67988 07/28/2016 DANIEL S COUTURIE 73.82 CUSTOMER REFUND
67979 07/28/2016 DAVID DILLON 10.01 CUSTOMER REFUND
67982 07/28/2016 DEDRIQUE TAYLOR 13.49 CUSTOMER REFUND
68016 07/28/2016 Dell Marketing L.P.3,798.46 IT EQUIPMENT & HARDWARE - CMMS
68017 07/28/2016 Delta Wye Electric, Inc.11,281.13 TIMBER RIDGE PLC
68019 07/28/2016 Edgar Araujo 197.00 TRAVEL EXPENSE - AWWA ACE 2016
68020 07/28/2016 Elite Equipment Inc 160.71 REPLACEMENT PARTS - #E182
68021 07/28/2016 Enthalpy Analytical, Inc.3,764.00 LAB SAMPLES - WATER QUALITY - MAY & JUNE 2016
68024 07/28/2016 EyeMed 1,364.13 EYE MED - JULY 2016
68022 07/28/2016 Fairway Ford Sales, Inc.8.68 AUTO MAINTENANCE - UNIT #173
68023 07/28/2016 Federal Express 42.85 FREIGHT/DELIVERY FEES
68025 07/28/2016 Flex Advantage 103.50 FLEX ADVANTAGE - JUNE 2016
68026 07/28/2016 FOPCO Inc.1,635.00 DIESEL TANK CLEANING SERVICE
68027 07/28/2016 Fry's Electronics 2,872.78 IT EQUIPMENT & HARDWARE - MONITORS
67983 07/28/2016 GAIL T JANSEN 49.38 CUSTOMER REFUND
68029 07/28/2016 Hushmand Associates Inc 19,962.25 J14-12 - 2015 WATER PIPELINE REPLACEMENT
68030 07/28/2016 Hydrex Pest Control 175.00 PEST CONTROL
68031 07/28/2016 Infosend Inc.7,727.75 POSTAGE BILLING - MONTHLY FEE
68032 07/28/2016 Jackson's Auto Supply - Napa 446.56 AUTO MAINTENANCE - #147 & 171
67987 07/28/2016 JACOB SERRANO 64.23 CUSTOMER REFUND
67984 07/28/2016 JESSICA TODD 89.85 CUSTOMER REFUND
68033 07/28/2016 Jimni Systems Inc 1,035.22 SERVICE CALL -THERMOL OVERLOAD
68034 07/28/2016 Josh Mardrid 200.00 BOOT REIMBURSEMENT - MADRID, J
68035 07/28/2016 Kidman Law 33,459.93 LEGAL SERVICES
Yorba Linda Water District
Check Register
For Checks Dated: 07/15/2016 thru 07/28/2016
68036 07/28/2016 Konica Minolta Business 567.00 BIZHUB LEASE C552 & 181
68037 07/28/2016 Liebert Cassidy Whitmore 1,860.60 LEGAL SERVICES - JUNE 2016
68028 07/28/2016 MailFinance 313.93 HASLER LEASE #H12011971
68038 07/28/2016 Managed Health Network 173.25 EAP - JULY 2016
68039 07/28/2016 Marina Landscape, Inc 4,114.68 MONTHLY MAINTENANCE- JUNE 2016
68040 07/28/2016 Mario S. Banuelos 1,050.00 WELDING SERVICE - REPAIR
68041 07/28/2016 Mc Fadden-Dale Hardware 175.37 HARDWARE SUPPLIES
68042 07/28/2016 Mc Master-Carr Supply Co.158.10 REPLACEMENT PARTS - WELL #5
68043 07/28/2016 Mobile Industrial Supply 8.00 WELDING SUPPLIES
68044 07/28/2016 MR2 Solutions Inc 3,335.00 IT SERVICE CALL
68045 07/28/2016 Municipal Water District 270,901.89 ANNUAL RETAIL SERVICE CONNECTIONS
W071516 07/15/2016 Municipal Water District 603,613.31 WATER PURCHASES - MAY 2016
68046 07/28/2016 Muzak LLC 85.63 CUSTOMER MESSAGE/PHONE SERVICE - JULY16
68047 07/28/2016 NatPay Online Business Solutions 35.40 DOCULIVERY - JUNE 2016
67981 07/28/2016 NEASE PROPERTY MGMT 356.08 CUSTOMER REFUND
68048 07/28/2016 Nickey Kard Lock Inc 4,938.27 FUEL - 6-15-16 - 6-30-16
68049 07/28/2016 Occu-Med, Ltd.170.50 POST EMPLOYMENT PHYSICAL -DIAZ
68050 07/28/2016 Office Solutions 3,582.61 OFFICE SUPPLIES & TONER
68077 07/28/2016 OmniEarth Inc.5,000.00 SAWPA OMNIEARTH SETUP
68051 07/28/2016 Orange County - Tax Collector 25,172.20 ENCROACHMENT PERMIT #2016-00250 & LAFCO FY2016/2017
W072816 07/28/2016 Orange County Water District 1,809,385.62 PUMP TAX REPLENISHMENT ASSESMENT - JAN-JUNE 2016
68054 07/28/2016 P.T.I. Sand & Gravel, Inc.1,277.99 MATERIAL - COLD MIX ASPHALT
68052 07/28/2016 Pascal & Ludwig Constructors, Inc 55,670.00 J09-22#21 - WELL 21 - PROGRESS PAYMENT #06
68053 07/28/2016 Phil Hawkins 26.46 MILEAGE REIMBURSEMENT - MAY 2016
68055 07/28/2016 Quinn Company 17,258.92 REPLACEMENT PARTS -HIGHLAND #5
68060 07/28/2016 Rachel Padilla/Petty Cash 136.25 PETTY CASH
67990 07/28/2016 RICHARD D ARCHULETA 18.56 CUSTOMER REFUND
68056 07/28/2016 RKI Engineering, LLC 1,800.00 PROFESSIONAL SERVICES - SCADA SUPPORT
68057 07/28/2016 Safety-Kleen Systems Inc 359.90 DISPOSE OF PART WASHER FLUID
68058 07/28/2016 SC Prime Source Inc.4,800.00 JANITORIAL SERVICE - JULY 2016
68059 07/28/2016 Security Solutions 395.00 SERVICE CALL - FRONT LOBBY DOORS
W071516A 07/15/2016 Southern Calif Gas Co.10,094.74 GAS CHARGES FOR JUNE 2016 - MULTIPLE LOCATIONS
68065 07/28/2016 St.Jude Hospital Yorba Linda 180.00 DMV/DOT EXAMS - (4)
68063 07/28/2016 Stantec Consulting Services In 8,248.00 J09-22#21 & J14-23 - CONSULTING - WELL 21 & RICHFIELD PIPELINE
68061 07/28/2016 Staples Business Advantage 231.65 OFFICE SUPPLIES
68062 07/28/2016 Stater Bros. Markets 117.38 MEETING SUPPLIES
68064 07/28/2016 Step Saver Inc 319.03 COARSE SALT
67989 07/28/2016 TAIHU QUAN 189.52 CUSTOMER REFUND
68066 07/28/2016 The Shredders 10.00 SHRED SERVICE
68067 07/28/2016 Time Warner Cable 4,270.96 COMMUNICATION & INTERNET SERVICES
68068 07/28/2016 Timothy W. Hogan 1,582.20 2016 CONSUMER CONFIDENCE REPORT
68069 07/28/2016 Townsend Public Affairs, Inc.5,000.00 CONSULTING SERVICE - JULY 2016
67985 07/28/2016 TZUJUNG YU 12.34 CUSTOMER REFUND
68070 07/28/2016 Underground Service Alert 208.50 MONTHLY BILLING - DIGALERT
68071 07/28/2016 United Industries 948.88 BREAKROOM SUPPLIES & PPE EQUIPMENT
68072 07/28/2016 UNUM Life Insurance Co. of America 3,421.24 INSURANCE PREMIUMS - JULY & AUGUST 2016
68073 07/28/2016 Verizon Wireless 3,388.95 VERIZON WIRELESS - 5/21 - 6/20
68018 07/28/2016 White Nelson Diehl Evans LLP 2,500.00 SECOND INTERIM BILLING - AUDIT
68074 07/28/2016 Xylem Dewatering Solutions Inc 150.22 RADIATOR FAN - UNIT #E162
68075 07/28/2016 Yorba Linda Hardware 35.65 HARDWARE SUPPLIES
3,708,323.68
.
July 28, 2016
CHECK NUMBERS & WIRES:
Computer Checks 67979—68077 $ 815,588.67
____________
$ 815,588.67
WIRES:
W071516 MWDOC $ 603,613.31
W071516A Southern Calif Gas Co. $ 10,094.74
W072816 OCWD $ 1,809,385.62
W072816A CalPERS $ 217,693.34
W072816B CalPERS $ 251,948.00
____________ $ 2,892,735.01
TOTAL OF CHECKS & WIRES $3,708,323.68
PAYROLL NO. 14:
Direct Deposits $ 176,997.48
Third Party Checks 6453—6459 $ 12,979.29
Payroll Taxes $ 50,819.62
$ 240,796.39
TOTAL OF PAYROLLS $240,796.39
----------------------------------------------------------------------------------------------------------------------
DISBURSEMENT TOTAL: $3,949,120.07
==================================================================
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF July 28, 2016
==================================================================.
Date Vendor Name Amount Description
3/1/2016 Southwest Airlines 229.96 AWWA Spring Conference - Travel expense - Micalizzi, D
3/22/2016 Subway 9.66 AWWA Spring Conference - Travel expense - Micalizzi, D
3/22/2016 Claim Jumpers 40.71 AWWA Spring Conference - Travel expense - Micalizzi, D
3/22/2016 Southwest Airlines 8.00 AWWA Spring Conference - Travel expense - Micalizzi, D
3/22/2016 UBER 14.92 AWWA Spring Conference - Travel expense - Micalizzi, D
3/23/2016 Morgans 24.16 AWWA Spring Conference - Travel expense - Micalizzi, D
3/23/2016 Claim Jumpers 16.02 AWWA Spring Conference - Travel expense - Micalizzi, D
3/23/2016 AWWA CA/NV 275.00 AWWA Spring Conference - Travel expense - Micalizzi, D
3/24/2016 Sheraton Hotel & Resorts 476.40 AWWA Spring Conference - Travel expense - Micalizzi, D
3/24/2016 Southwest Airlines 8.00 AWWA Spring Conference - Travel expense - Micalizzi, D
3/24/2016 UBER 14.88 AWWA Spring Conference - Travel expense - Micalizzi, D
6/6/2016 Handlery Hotel San Diego 536.48 PELRAC Annual Conference - Travel expense - Knight & Melton
6/14/2016 R.E. Michel Co.87.53 A/C transformer - Admin building
6/19/2016 Royal 3 CCC 65.00 AWWA ACE 2016 - Travel expense - (4 attendees)
6/19/2016 United Airlines 25.00 AWWA ACE 2016 - Travel expense - (4 attendees)
6/19/2016 First Draft 39.77 AWWA ACE 2016 - Travel expense - (4 attendees)
6/19/2016 Rolling Stone Bar & Grill 49.42 AWWA ACE 2016 - Travel expense - (4 attendees)
6/20/2016 Vines on Clark 67.52 AWWA ACE 2016 - Travel expense - (4 attendees)
6/20/2016 McCormick Food Service 27.60 AWWA ACE 2016 - Travel expense - (4 attendees)
6/20/2016 Just Host 647.04 Hosting YLWD.COM - 3 year service
6/21/2016 Giordanos 78.99 AWWA ACE 2016 - Travel expense - (4 attendees)
6/21/2016 Bubba Gump Shrimp Co.145.24 AWWA ACE 2016 - Travel expense - (4 attendees)
6/22/2016 LAX Airport Lot 119.00 AWWA ACE 2016 - Travel expense - (4 attendees)
6/22/2016 United Airlines 25.00 AWWA ACE 2016 - Travel expense - (4 attendees)
6/22/2016 Chili's 111.34 AWWA ACE 2016 - Travel expense - (4 attendees)
6/22/2016 The Congress Plaza Hotel 887.56 AWWA ACE 2016 - Travel expense - (4 attendees)
6/23/2016 NPELRA 598.00 PELRAC Annual Conference - Travel expense - Knight & Melton
6/23/2016 NPELRA 460.00 PELRAC Annual Conference - Travel expense - Knight & Melton
6/28/2016 Riverside Bouquet Florist 149.94 Sympathy arrangement for Martinez, J
6/29/2016 CSMFO 300.00 CSMFO workshop - Fiscal Policies - Lugo & Botts
6/30/2016 Pull Tarps 269.62 Mesh tarp system
7/1/2016 Village Nurseries 277.02 SOD for Landscape repairs
7/5/2016 Nortrax, Inc.529.34 Radiator shroud - Unit #145
7/5/2016 ACWA 50.00 Registration ACWA Region 8 program - Marcantonio, M
7/6/2016 Inland Group 4,102.45 Summer 2016 Newsletter
7/6/2016 Harrington Industrial 289.88 CL2 filters
7/6/2016 Orchard Supply 5.02 PVC parts - maintenance
7/6/2016 Home Depot 243.51 Admin - equipment and repair parts
7/7/2016 Harrington Industrial 83.79 CL2 replacement parts - Richfield - Northloop
7/8/2016 FTP Today 64.95 ylwd.ftptoday.com - July 2016
7/11/2016 County of Orange 7.50 Parking - OC Courhouse
7/11/2016 OC Parking Center 7.50 Parking - OC Courhouse
7/12/2016 Urban Water Institute 475.00 Registration UWI Conference - Micalizzi, D
7/12/2016 Answer One Communications 595.15 After hour answer service
12,538.87
Cal Card Credit Card
U S Bank
3/01/16 - 7/12/16
ITEM NO. 7.2
AGENDA REPORT
Meeting Date: July 28, 2016
To:Board of Directors
From:Marc Marcantonio, General
Manager
Presented By:Delia Lugo, Finance Manager Dept:Finance
Prepared By:Kelly McCann, Senior Accountant
Subject:Cash and Investment Reports for Period Ending June 30, 2016
SUMMARY:
Government Code Section 530607, et. seq., requires the person delegated to invest funds to make
quarterly report of investments to the legislative body.
STAFF RECOMMENDATION:
That the Board of Directors receive and file the Cash and Investment Reports for the Period Ending
June 30, 2016.
DISCUSSION:
Staff is submitting the Cash & Investment Portfolio Report for the Period Ending June 30, 2016. The
Cash & Investment Portfolio presents the market value and percent yield for all District investments by
institution. The Cash & Investment Report Summary includes budget and actual interest and average
term portfolio information as well as market value broken out by reserve categories.
The total yield for the month ending June 30, 2016 is 0.87%.
The overall increase in the investment balance from the previous month is approximately $1,024,819.
A larger balance includes an increase in the Water Operating Fund of $1,063,000, due to a positive
net effect between operating revenues and expenses through the reporting month. In addition, an
increase in the Water Capital Project Reserve fund of $89,000, due to capital gains on investments for
the month of June 2016 and a decrease in the Sewer Capital Reserve to cover capital purchases for
$96,000.
STRATEGIC PLAN:
FR 1-F: Continue to Record and Report the Fairly Stated Financial Activities of the District in a Timely
and Transparent Manner to the Board of Directors and Member Agencies
ATTACHMENTS:
Name:Description:Type:
Invst_Rpt_6-16.xlsx Cash and Investments Report for the Period Ending June
30, 2016 Backup Material
Invst_Agenda_Backup_-_June_2016.xlsx Cash and Investment Summary Report - June 30, 2016 Backup Material
Market %Date of Percent
Value Par of Total Institution Maturity Yield
Checking Account:
387,928$ 387,928$ Wells Fargo Bank
174,093 174,093 Pershing
562,021$ 562,021$ 1.34% Total 0.00%
Money Market Accounts:
47,881 47,881 US Bank (Revenue Bonds) 0.10%
552,474 552,474 Bank of the West 0.08%
600,354$ 600,354$ 1.43% Total 0.08%
Federal Agency Securities:
500,190$ 500,000$ Fannie Mae 05/25/18 1.12%
501,620$ 500,000 Federal Home Loan Bank 06/12/18 0.99%
500,400$ 500,000 Federal Home Loan Bank 06/13/18 1.09%
500,370$ 500,000 Federal Home Loan Bank 11/26/19 1.34%
2,120,732$ 2,124,676$ Federal Home Loan Bank 05/24/17 0.87%
4,123,312$ 4,124,676$ 9.85% Total 1.00%
Certificates of Deposits:
249,669.04$ 248,000$ CIT Bank, Salt Lake 05/22/18 1.19%
249,577.28$ 248,000 Discover 05/22/18 1.19%
249,021.76$ 248,000 Goldman Sachs Bank 05/22/18 1.19%
249,721.12$ 248,000 Beal Bank 05/23/18 0.99%
248,074.40$ 248,000 Wells Fargo 04/27/18 0.99%
250,191.24$ 247,000 Barclays Bank 04/30/18 0.98%
249,993.92$ 248,000 State Bank of India 05/14/18 1.14%
248,688.75$ 249,000 Webster Bank 05/03/18 0.90%
249,669.04$ 248,000 American Express Centurion Bank 05/23/18 1.19%
248,558.00$ 248,000 GE Capital Bank 05/24/18 1.09%
250,145.40$ 249,000 Merrick Bank 05/24/17 0.74%
249,143.28$ 248,000 BMW Bank 05/24/17 0.89%
Yorba Linda Water District
Cash & Investment Portfolio Report
June 30, 2016
249,143.28$ 248,000 BMW Bank 05/24/17 0.89%
249,094.62$ 249,000 Oriental Bank & Trust 05/29/18 1.04%
249,062.25$ 249,000 Silvergate Bank 05/30/18 0.99%
249,082.17$ 249,000 Enterprise Bank & TR Co Lowell 05/30/18 0.99%
249,059.76$ 249,000 Safra National Bank 05/31/18 0.99%
248,076.88$ 248,000 Townebank Portsmouth 05/31/18 0.99%
249,064.74$ 249,000 Mascoma Savings Bank 05/29/18 0.99%
100,603.00$ 100,000 Ally Bank Midvale Utah 12/11/17 1.54%
200,222.00$ 200,000 World's Foremost Bk Sydney 05/28/19 1.29%
249,346.64$ 248,000 Capital One Bk USA Natl Assn 05/13/19 1.19%
249,597.60$ 249,000 Comenity Cap Bk Salt Lake City 06/30/21 1.64%
5,285,663$ 5,267,000$ 12.63% Total 1.08%
Pooled Investment Accounts:
11,435,649$ 11,435,649$ Local Agency Investment Fund 0.58%
4,642 4,638 CalTRUST Short Term 0.73%
19,831,487 19,733,831 CalTRUST Medium Term 1.01%
31,271,778$ 31,174,118$ 74.74%0.85%
41,843,129$ 41,728,170$ 100% Total Investments 0.87%
Per Government Code requirements, the Investment Report is in compliance with the Yorba
Linda Water District's Investment Policy, and there are adequate funds available to meet
budgeted and actual expenditures for the next six months.
6/30/16
________________________________
Kelly D. McCann, Senior Accountant
Below is a chart summarizing the yields as well as terms and maturities for the month of June 2016:
Average # of
Month Portfolio Days to
of 2016 Yield Maturity
June 0.87% 167
Below are charts comparing operating fund interest for current and prior fiscal years.
Actual Interest 6/30/2015 6/30/2016
Monthly - June 27,537$ 23,717$
Year-to-Date 187,316$ 257,592$
Budget 2014/2015 2015/2016
Interest Budget, June YTD 112,000$ 93,000$
Interest Budget, Annual 112,000$ 93,000$
Interest earned on investments is recorded in the fund that owns the investment.
The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds
is as follows:
Total of $41.8 million in cash and investments which is split between minimum reserve requirements and what is available
to meet current year obligations (operating costs, debt service, capital costs).
Reserve Cash and
Requirements Investments
May 2016 % Alloc June 2016 % Alloc "Conditional Available for
Fund Description Balance 5/31/2016 Balance 6/30/2016 Use" CY Obligations
Water Operating Reserve 9,124,898$ 22.63% 10,153,986$ 24.49% 4,270,217$ 6,162,774
Water Emergency Reserve 1,039,326 2.58% 1,042,888 2.52%1,000,000$ 42,888
Water Capital Project Reserve 19,172,503 47.55% 19,262,294 46.47% 8,820,000$ 10,442,294
Water Reserve for Debt Service 2,745,906 6.81% 2,761,845 6.66% 2,723,509$ 38,336
Maintenance Reserve 201,335 0.50% 201,335 0.49% 200,000$ 1,335
Employee Liability Reserve 300,296 0.74% 300,293 0.72% 279,000$ 21,293
Conservation Reserve 1,618,447 4.01% 1,574,496 3.80% -$ 1,574,496
COP Revenue Bond 2008 - Reserve 2,164,463 5.37% 2,168,612 5.23% 2,152,320$ 16,292
Sewer Operating Reserve 350,835 0.87% 479,539 1.16% 220,000$ 368,463
Sewer Emergency Reserve 1,029,435 2.55% 1,034,808 2.50%1,000,000$ 34,808
Sewer Capital Project Reserve 2,571,403 6.38% 2,475,103 5.97% 2,023,439$ 451,664
40,318,849$ 100.00% 41,455,200$ 100.00%22,688,485$ 19,154,644
Water Operating 244,679 279,005
Sewer Operating 254,782 108,923
499,461 387,928
Totals 40,818,310$ 41,843,129$
Cash & Investment Summary Report
Cash & Investment Summary Comparison Between Current and Previous Month
Wells Fargo Bank Checking
ITEM NO. 8.1
AGENDA REPORT
Meeting Date: July 28, 2016 Budgeted:Yes
Total Budget:$98,000
To:Board of Directors Cost Estimate:$78,000
Funding Source:Water Operating
Fund
From:Marc Marcantonio, General
Manager
Account No:1-1010-0650-00
Presented By:Marc Marcantonio, General
Manager
Dept:Board of Directors
Reviewed by Legal:Yes
Prepared By:Annie Alexander, Executive
Secretary
Subject:Certificates of Sufficiency of Petitions to Recall Directors Bob Kiley and Gary
Melton
STAFF RECOMMENDATION:
That the Board of Directors accept the Certificates of Sufficiency of Petitions to Recall Directors Bob
Kiley and Gary Melton.
DISCUSSION:
On March 10, 2016, proponents served Directors Bob Kiley and Gary Melton with notices of intent
to circulate a recall petition. These same notices were then published in the Orange County
Register on March 18, 2016. The Orange County Registrar of Voters (ROV) approved the format of
the petitions on April 5, 2016. Based on calculations specified in the Elections Code, the
proponents needed to collect 9,520 valid signatures on each petition within 120 days of that date.
The proponents filed the completed petitions with the ROV on June 9, 2016. The ROV then had 30
days to perform the signature verification process (excluding weekends and holidays). On July 21,
2016 the ROV notified the District that the number of valid signatures on both petitions were
sufficient (see attached certificates). Staff estimates that the District will be billed approximately
$78,000 by the ROV for the signature verification services.
ATTACHMENTS:
Name:Description:Type:
OC_ROV_Certificates.pdf Backup Material Backup Material
CERTIFICATE AS TO VERIFICATION
OF SIGNATURES ON PETITION
State of California)
)ss.
County of Orange
I, Neal Kelley, Registrar of Voters of the County of Orange, do hereby
certify that I am the county officer having charge of the registration of voters in
the County of Orange, and I have examined, or caused to be examined, the
petition submitted to the Orange County Registrar of Voters entitled "Petition to
Recall Robert R. Kiley from the Yorba Linda Water District Board".
I further certify that from said examination I have determined the following
facts regarding this document:
Number of signatures required: 9,520
Number of signatures verified: 11,457
Number of signatures found valid: 9,570
Number of signatures found invalid: 1,887
Number of signatures found invalid
because of being duplicates 190
WITNESS my hand and Official Seal this 21 st day of July, 2016.
NEAL KELLEY
Registrar of ters
Orange Co my
51
Petition Result Breakdown
*#AA151-RECALL ROBERT KILEY-YLWD
YORBA LINDA WATER DISTRICT.TORECALL ROBERT KILEY
Signatures Required 9520
Raw Count 11,900
Sample Size 11,900 Percent of Percent of
Sigs Checked 11,457 Sigs Checked Sample Size
Sigs Not Checked 443 3.7%
Sigs Valid 9,570 83.5% 80.4%
Sigs Invalid 1,887 16.5% 15.9%
Duplicated 190 2.0% 1.6 %
Non-duplicate Invalids 1,697 15.0% 14.3%
RESULT ABBR RESULT DESCRIPTIONa - `� ' '`� � z
Approved Approved 9,570 83.5%
NotReg Not Registered 1,149 10.0%
OulOfDist Out of District 131 1.1 %
Duplicate Signed more than once 190 1.7%
RegLate Registered Late 63 0.5%
RegDiffAdd Registered at a Different Address 170 1.5%
Declncmp Declaration Incomplete 7 0.1 %
NoResAdd No Residence Address Given 16 0.1 %
NoSig No Signature 3 0.0%
SigNoMatch Signatures Don't Match 158 1.4%
PCMR012-Petition Result Breakdown Page 1 of 1
Printed 7/21/2016 1.52:08PM
CERTIFICATE AS TO VERIFICATION
OF SIGNATURES ON PETITION
State of California)
)ss.
County of Orange
I, Neal Kelley, Registrar of Voters of the County of Orange, do hereby
certify that I am the county officer having charge of the registration of voters in
the County of Orange, and I have examined, or caused to be examined, the
petition submitted to the Orange County Registrar of Voters entitled "Petition to
Recall Gary T. Melton from the Yorba Linda Water District Board".
I further certify that from said examination I have determined the following
facts regarding this document:
Number of signatures required: 9,520
Number of signatures verified: 11,484
Number of signatures found valid: 9,570
Number of signatures found invalid: 1,914
Number of signatures found invalid
because of being duplicates 175
WITNESS my hand and Official Seal this 21st day of July, 2016.
NELI =LL Y
Registrar a ers
Orange County
Petition Result Breakdown
*#AA152-RECALL GARY MELTON-YLWD
YORBA LINDA WATER DISTRICT TO RECALL GARY MELTON
Signatures Required 9520
Raw Count 11,888
Sample Size 11,888 Percent of Percent of
Sigs Checked 11,484 Sigs Checked Sample Size
Sigs Not Checked 404 3.4%
Sigs Valid 9,570 83.3% 80.5%
Sigs Invalid 1,914 16.1% 16.1 %
Duplicated 175 2.0% 1.5 %
Non-duplicate Invalids 1,739 15.0% 14.6%
RESULT ABBR RESULT DESCRIPTION
Approved Approved 9,570 83.3%
NotReg Not Registered 1,136 9.9%
OutOfDist Out of District 131 1.1 %
Duplicate Signed more than once 175 1.5%
RegLate Registered Late 80 0.7%
RegDiffAdd Registered at a Different Address 200 1.7%
Decincmp Declaration Incomplete .I 0.0%
NoResAdd No Residence Address Given 17 0.1 %
NoSig No Signature 0.0
SigNoMatch Signatures Don't Match 172 1.5%
PCMR012-Petition Result Breakdown Page 1 of 1
Printed: 7/21/2016 1:54:14PM
ITEM NO. 8.2
AGENDA REPORT
Meeting Date: July 28, 2016 Budgeted:Yes
Total Budget:$148,000
To:Board of Directors Cost Estimate:$56,662 - $72,115
Funding Source:Water Operating
Fund
From:Marc Marcantonio, General
Manager
Account No:1-1010-0650-00
Presented By:Marc Marcantonio, General
Manager
Dept:Board of Directors
Reviewed by Legal:Yes
Prepared By:Annie Alexander, Executive
Secretary
Subject:Issuance of Order Stating that an Election Shall be Held
STAFF RECOMMENDATION:
That the Board of Directors issue an order stating that pursuant to Elections Code §§ 11240 and
11242, an election shall be held to determine whether or not the Directors named in the recall
petitions shall be recalled, and to consolidate this election with the General Election scheduled
November 8, 2016.
DISCUSSION:
On July 21, 2016 the Orange County Registrar of Voters (ROV) notified the District that the number
of valid signatures on the petitions to recall Directors Bob Kiley and Gary Melton were sufficient.
Following acceptance of the Certificates of Sufficiency, the Board will be required to issue an order
to hold a recall election within 14 days (Elections Code § 11240). Due to time constraints, this
matter of business is being presented to the Board for consideration at this time.
The recall election cannot be held less than 88 or more than 125 days after the issuance of the
order (Elections Code § 11242). It is also possible for it to be consolidated with the General
Election on November 8, 2016. The most recent estimated cost to conduct both races (the general
election and the recall election) is between $56,662 and $72,115. The previous estimate was
$148,000.
ATTACHMENTS:
Name:Description:Type:
Item_No._8.2_-_Revised_Agenda_Report.pdf Revised Agenda Report Backup Material
ITEM NO. 8.2
REVISED AGENDA REPORT
Meeting Date: July 28, 2016 Budgeted: Yes
Total Budget: $148,000
To: Board of Directors Cost Estimate: $56,662 - $72,115
Funding Source: Water Operating Fund
From: Marc Marcantonio, General Mgr Account No: 1-1010-0650-00
Presented By: Marc Marcantonio, General Mgr Dept: Board of Directors
Reviewed by Legal: Yes
Prepared By: Annie Alexander, Executive Secretary
Subject: Issuance of Order Stating that an Election Shall be Held
STAFF RECOMMENDATION:
That the Board of Directors adopt Resolution No. 16-14 “Ordering that an Election Shall be
Called and Consolidated with the General Election on November 8, 2016 for the Purpose of
Submitting to the Registered Electors of the District the Question of Whether Director Robert
R. Kiley and Director Gary T. Melton Should be Recalled from Office”.
DISCUSSION:
On July 21, 2016 the Orange County Registrar of Voters (ROV) notified the District that the
number of valid signatures on the petitions to recall Directors Bob Kiley and Gary Melton were
sufficient. Following acceptance of the Certificates of Sufficiency, the Board will be required to
issue an order to hold a recall election within 14 days. [Elections Code § 11240] Additionally,
the Board must request the Orange County Board of Supervisors to permit the ROV to conduct
the election on the District’s behalf and that it be consolidated with the General Election on
November 8, 2016. [Elections Code §§ 10002 and 10400 et. seq.] The Board may also
specify the length of and payment for Candidate’s Statement of Qualifications. [Elections
Code § 13307] All the aforementioned actions must be performed by resolution.
The ballot for the recall election will have two, two-part questions (one question for each of the
Directors under recall). In the first part of each question, voters will vote for or against the
recall of each of the Directors. In the second part of each question, the voter will be asked to
select or write in a replacement candidate for each seat should the Director be recalled.
[Elections Code §§ 11320 – 11322] If a majority of the voters vote “yes” on the first part of
each question, then the recall will be successful and the replacement candidate who receives
the most votes for that seat will be elected for the unexpired term. [Elections Code §§ 11383 –
11385]
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
Generally speaking, a person is eligible to seek office as a Director if they reside within the
District’s boundaries and are a registered voter at the time nomination papers are issued.
Specific qualifications for prospective candidates can be obtained directly from the ROV or on
the agency’s website (http://www.ocvote.com/). A Director whose recall is being sought cannot
run as a replacement candidate to succeed themselves or to succeed any other Director
whose recall is being sought at the same election. [Elections Code § 11381]
The candidate filing period for the recall election will begin upon the Board’s adoption of the
attached resolution and will end Wednesday, August 17, 2016. As Director Mike Beverage
has determined not to run for reelection in November, the candidate filing period for the
District’s general election has been extended to August 17, 2016. [Elections Code § 10516]
If a candidate for the recall election chooses to include a statement in the Sample Ballot, the
attached resolution stipulates that it be limited to 200 words and will not be paid for by the
District. These same stipulations for candidates participating in the general election were
approved by the Board at a meeting held June 6, 2016. [Elections Code § 13307]
Following the November election, the District will be billed by the County for their services.
[Elections Code §§10002] The most recent estimated cost to conduct both races (the general
election and the recall election) is between $56,662 and $72,115. The previous estimate was
$148,000.
ATTACHMENTS:
Resolution No. 16-14 – Order for Election to be Held
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
Resolution No. 16-14 Ordering That an Election Shall be Called 1
RESOLUTION NO. 16-14
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ORDERING THAT AN ELECTION SHALL BE CALLED AND CONSOLIDATED
WITH THE GENERAL ELECTION ON NOVEMBER 8, 2016 FOR THE PURPOSE OF
SUBMITTING TO THE REGISTERED ELECTORS OF THE DISTRICT THE
QUESTION OF WHETHER DIRECTOR ROBERT R. KILEY AND
DIRECTOR GARY T. MELTON SHOULD BE RECALLED FROM OFFICE
WHEREAS, pursuant to Elections Code § 11227, the Orange County Registrar of
Voters submitted Certificates of Sufficiency to the Board of Directors for
petitions to recall Director Robert R. Kiley and Director Gary T. Melton;
and
WHEREAS, pursuant to Elections Code § 11240, the Board of Directors is required to
issue an order, within 14 days after receiving the certificates, stating that
an election shall be held to determine whether the Directors named in the
petitions shall be recalled; and
WHEREAS, pursuant to Elections Code § 10002, the Board of Directors must request
the Orange County Board of Supervisors to permit the Orange County
Registrar of Voters to render services to the District relating to the conduct
of said election; and
WHEREAS, pursuant to Elections Code § 13307, the Board of Directors may specify
the length of and payment for Candidate’s Statement of Qualifications for
said election; and
WHEREAS, it is the desire of the Board of Directors to fulfill its obligations related to
the recall of local officers as required by the laws of the State of California.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
Section 1. That an election is hereby ordered to be held for the purpose of submitting
to the registered electors of the District the question of whether Director
Robert R. Kiley and Director Gary T. Melton shall be recalled from office.
[Elections Code § 11240]
Section 2. That in accordance with the laws of the State of California, a candidate
shall be elected to fill the vacancy should either recall prevail.
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
Resolution No. 16-14 Ordering That an Election Shall be Called 2
Section 3. That the Orange County Board of Supervisors permit the Orange County
Registrar of Voters to conduct said election and that it be consolidated
with the General Election scheduled November 8, 2016. [Elections Code
§§ 10002 and 10400 et. seq.]
Section 4. That the Yorba Linda Water District agrees to reimburse the County in full
for such services upon presentation of a bill to the District. [Elections
Code §10002]
Section 5. That a Candidate’s Statement of Qualifications for said election is to
contain no more than 200 words and will not be paid for by the District.
[Elections Code § 13307]
Section 6. That the Board Secretary is hereby directed to file a certified copy of this
resolution with the Orange County Registrar of Voters.
PASSED AND ADOPTED this 28th day of July, 2016 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
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
ITEM NO. 8.3
AGENDA REPORT
Meeting Date: July 28, 2016
To:Board of Directors
From:Marc Marcantonio, General
Manager
Presented By:Marc Marcantonio, General
Manager
Reviewed by Legal:Yes
Prepared By:Annie Alexander, Executive
Secretary
Subject:Board of Directors Policies and Procedures Manual
STAFF RECOMMENDATION:
That the Board of Directors approve Resolution No. 16-12 Adopting a Board of Directors Policies and
Procedures Manual and Rescinding Resolution No. 15-05.
DISCUSSION:
One of the provisions included in the Board's current policies and procedures manual is that it be
reviewed on an annual basis. As such, staff presented this document to the Board at a meeting held
July 7, 2016 in order to receive feedback regarding potential revisions.
Staff is also in the process of updating other policies, including separating those related to the Board
from those related to District employees. As part of this housekeeping process, staff has identified
some language in our current and previous personnel rules that was inadvertently left out of the
Board's policy manual when it was first adopted in May 2015.
Staff has also spent some time reviewing the manual and would like to suggest some minor revisions
throughout the document in order to enhance clarification and touch on the following topics:
reimbursement of miscellaneous gratuities when traveling on District business; public presentation of
electronic materials at Board meetings;
Based on feedback provided by the Board, staff has prepared the final draft of the Board of Directors
Policies and Procedures Manual for review. This version incorporates amendments as requested by
the Board and additional suggested revisions by staff and legal counsel.
ATTACHMENTS:
Name:Description:Type:
BOD_Policies_and_Procedures_Manual_-
_With_Markup.pdf Manual - With Markup Exhibit
Resolution_No._16-12_-
_Board_Policies_and_Procedures.doc Resolution Resolution
BOD_Policies_and_Procedures_Manual_-
_No_Markup.pdf Manual - No Markup Exhibit
YORBA LINDA
WATER DISTRICT
Board of Directors
Policies and Procedures Manual
Adopted July 28, 2016May 11 , 2015
Resolution No. 16-13
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TABLE OF CONTENTS
1.0 Purpose and Scope.................................................................................................................... 3
2.0 0 Mission, Vision and Core Values ........................................................................................... 3
3.0 Basis of Authority ...................................................................................................................... 3
4.0 Duties, Responsibilities and Conduct ...................................................................................... 4
5.0 Composition, Terms and Vacancy.......................................................................................... 11
6.0 Officers ................................................................................................................................... 123
7.0 Appointed Staff and Others .................................................................................................. 134
8.0 Committees ............................................................................................................................ 156
9.0 Directors’ Compensation, BenefitsInsurance and Expense Reimbursement .................... 16
10.0 Board Meetings, General ....................................................................................................... 201
11.0 Board Meetings, Agendas ....................................................................................................... 22
12.0 Board Meetings, Minutes ......................................................................................................... 26
13.0 Board Meetings, Conduct ........................................................................................................ 27
14.0 Board Actions and Decisions ................................................................................................. 28
15.0 Exhibits and Appendixes ........................................................................................................ 29
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1.0 PURPOSE AND SCOPE
1.1 The purpose of this manual is to provide a compilation of policies and procedures
approved by the Board to facilitate the proper conduct of District business. Each Director
shall be provided with a copy of this manual, acknowledge receipt in writing (see Exhibit
A), and affirm their intent to comply with the policies and procedures contained herein. If
any portion of this manual is in conflict with federal or state law or regulations that apply
to the District, said legislation or regulations shall prevail.
2.0 MISSION, VISION AND CORE VALUES
2.1 Mission Statement
Yorba Linda Water District will provide reliable, high quality water and sewer services in
an environmentally responsible manner, while maintaining an economical cost and
unparalleled customer service to our community.
2.2 Vision
Yorba Linda Water District will become the leading, innovative and efficient source for
high quality reliable services.
2.3 Core Values
The Yorba Linda Water District Board of Directors and staff are guided in everything we
do by the following core values:
Integrity – We demonstrate integrity every day by practicing the highest ethical standards
and by ensuring that our actions follow our words.
Accountability – We acknowledge that both the Board and staff of the District are
accountable to the public that we serve, as well as to each other.
Responsibility - We take full responsibility for our actions – both our successes and our
opportunities for growth. We maintain a commitment of courtesy, assessment and
resolution with all customer concerns.
Transparency – We promote a culture where we actively listen to our customers and
communicate openly about our policies, processes and plans for the future.
Teamwork – Success centers on all departments working together and sharing
information and resources to achieve common goals. We are dedicated to ensuring that
every voice of the District, from the Board to each individual employee is treated with
dignity and respect, and that differences are valued and individual abilities and
contributions are recognized.
3.0 BASIS OF AUTHORITY
3.1 The District is a County Water District, organized and existing under the County Water
District Law. The Board is the legislative body, and functions as the District’s
policymaking body. It can only function as a unit. Apart from their role as a part of this
unit, individual Directors have no authority with regard to any aspect of District business.
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3.2 As individuals, Directors may not commit the District to any policy, act, or expenditure
without prior Board approval nor give direction to the General Manager, staff, contract
personnel or consultants without prior Board approval. Directors do not represent any
fractional segment or region of the community, but are part of a legislative body that
represents and acts for the District as a whole. Since Directors are elected officials, no
Director may delegate his/her authority to act as a Director.
4.0 DUTIES, RESPONSIBILITIES AND CONDUCT
Duties and Responsibilities
4.1 The Board’s primary responsibility is the formulation and evaluation of District policy. The
General Manager is responsible for running the District’s business. Routine matters
concerning operational aspects of the District are delegated to professional staff members
by the General Manager. Directors are responsible for monitoring District progress in
attaining its goals and objectives, while pursuing its mission. The Board establishes
goals, objectives, expectations, and measurement criteria for the General Manager’s
performance. Board members shall provide policy direction and instructions to the
General Manager on matters within the authority of the Board by a majority vote during a
duly convened meeting of the Board.
4.2 In order to assist in the governance of the behavior between and among members of the
Board, the following practices shall be observed:
A. The dignity, style, values and opinions of each Director shall be respected.
B. Responsiveness and attentive listening in communication is encouraged.
C. The needs of the District’s constituents shall be the priority of the Board of
Directors.
D. Directors shall commit themselves to emphasizing the positive, avoiding double
talk, hidden agendas, gossip, backbiting, and other negative forms of interaction.
E. Directors shall commit themselves to focusing on issues and not personalities.
The presentation of the opinions of others shall be encouraged. Cliques and voting
blocks based on personalities rather than issues shall be avoided.
F. Differing viewpoints are healthy in the decision-making process. Individuals have
the right to disagree with ideas and opinions, but without being disagreeable.
Once the Board takes action, Directors shall commit to supporting said action and
not create barriers to the implementation of said action.
4.3 In order to maintain effective working relationships and support the chain of command,
the following procedures shall be followed:
A. Board members shall address matters within the authority of the General Manager
through the General Manager, not directly through District employees.
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B. Accordingly, individual Directors’ requests for information from staff or contract
personnel/consultants shall always be made to the General Manager.
C. Responsive materials to Directors’ requests for information shall be distributed by
the General Manager or his/her designee, to all Board members at the same time.
D. If the General Manger’s response is deemed inadequate, a Director may contact
the Board President or raise the issue directly at a Board meeting, where the Board
shall determine whether or not the issue warrants attention and if so, schedule it
for a future meeting.
E. If the General Manager anticipates being unavailable, he/she shall notify the Board
in advance and provide a designee contact.
F. When the General Manager is unavailable in person or by technological means,
Board members, at their discretion, may contact the General Manager’s designee.
G. Board members shall refrain from making requests directly to District employees
to undertake analysis, perform work assignments or change the priority of work
assignments. District employees have been instructed to notify the General
Manager of all requests received from a Board member within 48 hours.
H. If approached by an employee concerning District policy, Board members shall
direct inquiries to the appropriate staff supervisor or General Manager.
I. In handling complaints from residents and property owners of the District, said
complaints shall be referred directly to the General Manager.
J. In handling matters related to public safety, concerns shall be reported to the
General Manager or the District office. Emergency situations shall be dealt with
immediately by seeking appropriate assistance.
K. In seeking clarification for policy-related concerns, especially those involving
personnel, legal action, land acquisition and development, finances and
programming, said concerns shall be referred directly to the General Manager or
legal counsel.
4.4 The work of the District is a team effort. All individuals shall work together in the
collaborative process, assisting each other in conducting the affairs of the District.
A. When responding to constituent requests and concerns, Directors shall be
courteous, responding to individuals in a positive manner and routing their
questions through appropriate channels.
B. Directors shall develop a working relationship with the General Manager wherein
current issues, concerns and District projects can be discussed comfortably and
openly.
C. Directors shall function as a part of the whole. Issues shall be brought to the
attention of the Board as a whole, rather than to individual members selectively.
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C.
4.5 Directors shall attend all meetings of the Board, including committee, agency, and
intergovernmental meetings to which they may be assigned, unless there is good cause
for absence, and be properly prepared for participation and deliberation.
4.6 Newly elected or appointed Directors shall participate in a minimum of two hours of
harassment prevention training and a minimum of six hours of basic governance training
within one year from the first day of service with the District. Thereafter, all Directors shall
participate in a minimum of two hours of harassment prevention training every two years
and a minimum of six hours of basic governance training every five years. Participation
in the Governance Foundation course, offered by the California Special District
Association’s Special District Leadership Academy, shall satisfy the basic governance
training requirement.
4.7 The Board shall review the policies and procedures contained in this manual on an annual
basis or more often as required.
Code of Conduct (Ethics Policy)
4.8 It is the policy of the District to require the highest standards of ethics from its Board
members. The operation of the District requires that decisions and policy be made within
the proper channels of governmental structure, that the public office not be used for
personal gain, and that all individuals associated with the District remain impartial and
responsible towards the public. Accordingly, it is the policy of the District that Board
members shall maintain the highest standard of personal honesty and fairness in carrying
out their duties. The following are guidelines for ethical conduct to be followed by the
Board:
A. Board members are obligated to uphold the Constitution of the United States and
the Constitution of the State of California, and to uphold the laws of national, state
and local governmental agencies. Board members shall comply with all applicable
laws regulating their conduct, including conflicts of interest, financial disclosure and
open government laws. It is the responsibility of Board members to conduct
themselves both professionally and personally in a manner above reproach and to
avoid the appearance of impropriety.
B. Board members in the performance of their official duties and responsibilities shall
neither harass nor discriminate against any individual on the basis of their
protected classification(s), the perception of any individuals protected
classification(s), or because the individual associates with a person who has or is
perceived to have a protected classification(s). The term “Protected Classification”
includes race, religion, color, sex (including gender, gender identity, gender
expression, transgender, pregnancy, and breastfeeding), sexual orientation
(including heterosexuality, homosexuality and bisexuality), national origin,
ancestry, citizenship status, marital status, age, medical condition, genetic
characteristics or information, military or veteran status, and physical or mental
disability (whether perceived or actual). No Board member shall grant any unfair
or inappropriate consideration, treatment, or advantage to any individual or group
beyond that which is available to others or groups with the same circumstances.
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C. Except where specifically authorized by the General Manager in the public interest,
no Board member shall knowingly use or permit the use of District-owned vehicles,
equipment, telephones, materials or property, nor require a District employee to
perform services for personal convenience or profit. Board members shall
safeguard the District’s property, equipment, moneys, and assets against
unauthorized use or removal, as well as from loss due to criminal act or breach of
trust.
D. Board members shall not disclose information that legally qualifies as confidential
to unauthorized individuals without approval from a majority vote of the Board and
consultation with legal counsel. This includes information that (1) has been
received during a Closed Session; (2) is protected from disclosure under the
attorney/client or other evidentiary privilege; or (3) is not required to be disclosed
under the California Public Records Act. A Board member may make a
confidential inquiry or complaint to a district attorney or grand jury concerning a
perceived violation of law, including disclosing facts to a district attorney or grand
jury necessary to establish the alleged illegality of a District action. Prior to
disclosing confidential information, however, a Board member shall first bring the
matter to the attention of either the President or the full Board.
E. Board members shall avoid conflicts, or perceived conflicts of interest in
connection with District decisions and activities.
1. A Board member shall not have a financial interest in a contract with the
District, which includes the purchase or sale of goods and services. The
Board shall not authorize any District contract if a Board member is
financially interested in the contract.
2. A Board member shall not participate in the discussion, deliberation or vote
on a matter before the Board, or attempt to influence a decision of the
Board, if the Board member has a financial interest, which is prohibited
under California law. If a Board member believes that he/she may be
disqualified from participation in the discussion, deliberations or vote on a
particular matter due to a financial interest, the following procedures shall
be followed:
a. If a Board member becomes aware of the potential conflict of interest
before a Board meeting at which the matter will be discussed or
acted on, the Board member shall notify the General Manager and
legal counsel of the potential conflict of interest, so that a
determination can be made whether it is a disqualifying conflict of
interest.
b. If it’s not possible for a Board member to discuss the potential conflict
with the General Manager and legal counsel before the meeting, or
if the Board member does not become aware of the potential conflict
until during the meeting, the Board member shall immediately
disclose the potential conflict during the Board meeting (see Exhibit
B), so that there can be a determination as to whether it is a
disqualifying conflict of interest.
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b.
c. Upon a determination that there is a disqualifying conflict of interest,
the Board member (1) shall not participate in the discussion,
deliberation or vote on the matter for which a conflict of interest
exists, which shall be so noted in the Board minutes; and (2) leave
the room until after the discussion, vote and any other disposition of
the matter is concluded (see also Section 13.1 C).
3. A Board member shall not recommend the employment of a relative to the
District or to a vendor, contractor or consultant known by the Board member
to be bidding or negotiating a contract with the District.
F. To avoid non-compliance with the Ralph M. Brown Act, Directors are prohibited
from sending and receiving electronically produced messages during meetings.
G. For a period of one year after leaving office, former Board members shall not
represent any non-governmental entities before the District for compensation. This
restriction shall not apply to governmental entities.
4.9 Board members are prohibited from soliciting political funds or contributions at District
facilities and prohibited from using the District’s seal, trademark, logo, branding,
stationary or other indicia of the District’s identity, in any solicitation for political
contributions contrary to State law. A Board member shall not accept, solicit or direct a
political contribution from:
A. District employees.
B. Consultants or contractors used by the District in the past 12 months.
C. Individuals, entities, vendors, consultants, sub-consultants, contractors, or sub-
contractors which have a personal or financial interest in a contract or other matter
while it is pending before the District and for 6 months after the District renders a
final decision on that contract or other matter.
4.10 The appointment or election of a Board member to a public entity, other than the District,
may result in action that is contrary or inconsistent with the interests of the District and
could result in loss of the member’s position of the Board. Board members may, with
consent of the Board, consult with legal counsel and the Board may authorize a request
for an opinion from the Attorney General of the State of California as to the incompatibility
of offices.
4.11 No Board member shall receive or agree to receive, directly or indirectly, any
compensation, reward, honoraria or gift from any source except for recognition from the
District for any action related to the conduct of the District’s business. A Board member
shall not accept gifts that exceed the limitations specified in California law. Any and all
gifts, campaign contributions, income and financial information shall be disclosed as
required under the provisions of the Political Reform Act of 1974 and applicable
regulations adopted by the Fair Political Practices Commission.
9
4.12 Board members and persons elected or appointed, who have not yet assumed office as
members of the Board, shall fully comply with the provisions of the Ralph M. Brown Act.
4.13 The General Manager has primary responsibility for (1) ensuring compliance with the
District’s personnel policies and procedures; (2) ensuring that District employees do not
engage in improper activities; (3) investigating allegations of improper activities; and (4)
taking appropriate corrective and disciplinary actions. The Board ensures that the
General Manager is operating the District according to the law and the policies approved
by the Board.
A. Board members shall disclose to the General Manager, to the extent not expressly
prohibited by law, improper activities within their knowledge. Board members shall
not interfere with the General Manager’s responsibilities in identifying,
investigating and correcting improper activities, unless the Board determines the
General Manager is not properly carrying out these responsibilities.
B. A Board member shall not directly or indirectly use or attempt to use the authority
or influence of the position to intimidate, threaten, coerce, command or influence
any person for the purpose of preventing such person from acting in good faith to
bring to the attention of the General Manager or the Board any information that, if
true, will constitute a work-related violation by a Board member or District
employee of any law or regulation. This includes, but is not limited to (1)
misappropriation or waste of District funds; (2) abuse of authority; (3) creating
substantial danger to public health or safety by an act or omission of a District
official or employee; (4) use of a District office or position or of District resources
for personal gain; or (5) a conflict of interest of a Board member or employee.
4.14 Any new Director must receive ethics training as soon as practical, but not more than one
year, from the first day of service with the District. Thereafter, all Directors shall be
required to receive ethics training at least once every two years. A Director who serves
on more than one local agency board may satisfy this requirement by obtaining ethics
training once every two years without regard to the number of local agencies with which
he/she serves. The District shall provide information annually on where training is
available. All Directors shall provide a copy of proof of participation in the required ethics
training to the District. Copies of proofs of participation shall be considered public
documents and shall be retained for a minimum of five years.
4.15 Directors are not subject to the District’s Conflict of Interest Codes, but are subject to the
disclosure requirements of the Political Reform Act. Directors are required to file a
Statement of Economic Interests (Form 700) with the County when assuming office, on
an annual basis thereafter, and when leaving office. Filing of these forms shall be
performed using the County’s e-file system.
4.16 Directors appointed to other agency’s boards (e.g. OCSD or JPIA) shall be required to
file Form 700’s in accordance with that respective agency’s Conflict of Interest Codes.
4.17 The following procedures shall be followed when any member of the Board reasonably
believes that another member of the Board has engaged in alleged misconduct or has
failed to act in the best interests of the District. These procedures shall not be effective
in any case in which a non-board member seeks redress for alleged misconduct by a
Board member. While the Board has discretion in deciding the actions it may choose to
10
take in response to a complaint, this section provides definitions and procedures related
to three types of actions: admonition, sanction and censure.
A. Admonition is the least severe form of action. An admonition may typically be
directed to all members of the Board, reminding them that a particular type of
behavior is not in the best interests of the District, and that, if it occurs or is found
to have occurred, could cause a member to be subject to sanction or censure. An
admonition may be issued in response to a particular alleged action or actions,
although it will not necessarily have to be triggered by a complaint of misconduct.
An admonition may be issued by the Board prior to any findings of fact regarding
any complaint, and because it is a warning or reminder, will not necessarily require
an investigation.
B. Sanction is the next most severe form of action. Sanction shall be directed to an
individual member of the Board based on a particular action (or set of actions) that
is determined to be misconduct but is considered by the Board not to be sufficiently
serious to require censure. A sanction may be based upon the Board’s review and
consideration of a complaint. A sanction may be issued by the Board, and because
it is not punishment or discipline, will not necessarily require an investigation.
C. Censure is the most severe form of action. Censure is a formal statement of the
Board officially reprimanding one of its members. It is a punitive action, which
serves as a penalty imposed for misconduct, but it carries no fine or suspension of
the rights of the member as an elected official. It can however, include such
actions as the disapproval of expense reimbursement requests, de-authorization
of attendance at conferences, seminars and other activities at District expense,
removal of the member from Board committee, agency and intergovernmental
meeting assignments, and other such remedies as may be deemed appropriate by
the Board. Censure shall only be used for cases in which the Board determines
that the misconduct is a serious offense. In order to protect the overriding principle
of freedom of speech, the Board shall not impose censure on any of its members
for the exercise of his/her First Amendment rights, no matter how distasteful the
expression was to the Board or the District. However, nothing herein shall be
construed to prohibit the Board from collectively condemning and expressing their
strong disapprobation of such remarks. Before the imposition of a censure, the
Director accused of a violation shall be entitled to written notice of the allegation,
the right to provide a written response to the allegation, and an opportunity to
respond in writing as to the results of an investigation.
4.18 All complaints shall be submitted in writing to the General Manager and/or the District’s
legal counsel for review and determination as to whether there is sufficient basis for
further action. Complaints that specifically seek admonition, sanction or censure as a
specific remedy shall be treated as a request for that remedy. Once a complaint has been
filed, the General Manager, in conjunction with legal counsel, shall bring the matter before
the Board. The Director named in a complaint shall be given an opportunity to respond
to the complaint in writing. If the Board determines, in consultation with legal counsel,
that an investigation is warranted, the Board shall initiate an investigation by the
appropriate investigator, entity or authority, as determined in the reasonable discretion of
the Board. In the event of such an investigation, a report of the findings of said
investigation, along with the accused Director’s written response to the report, shall be
presented to the board for majority action. If there is no merit, the matter shall be disposed
11
of with no further action. When the Board decides, based upon findings and the accused
Director’s defense, that a violation has occurred, it may choose to impose one of the
above listed internal remedies. Any action taken by the Board to impose a sanction or
censure, shall be taken by way of written resolution.
4.19 At any point during any of these processes, the Board may refer the matter, as
appropriate, to the Orange County District Attorney or other proper authorities for possible
investigation, enforcement or prosecution. Prior to or following such referral, the Board
may also proceed with any of the actions described in this section.
5.0 COMPOSITION, TERMS AND VACANCY
5.1 The District shall have a Board of five Directors each of whom, whether elected or
appointed, shall be a voter of the District.
5.2 The term of office of each Director, other than Directors appointed to fill an unexpired
term, shall be four years. Terms of office are staggered, with elections held in November
of every even numbered year.
5.3 Elections are held at large, which means that all voters throughout the District have the
opportunity to vote for any person seeking election.
5.4 Before entering upon the duties of his/her office, each Director shall take and subscribe
the official oath and file it with the Secretary. The oath of office may be taken before the
Secretary, any member of the Board, or any officer authorized by law to administer oaths.
5.5 Each Director elected or appointed shall hold office until his/her successor qualifies.
5.6 If a person elected fails to qualify, the office shall be filled as if there were a vacancy in
the office.
5.7 From time to time a vacancy may occur on the Board for a variety of reasons. An office
becomes vacant on any of the following events before the expiration of a Director’s term:
A. Death of an incumbent;
B. A court’s declaration that the incumbent is physically or mentally incapacitated;
C. Resignation;
D. Removal from office;
E. Ceasing to be an inhabitant of the District;
F. Absence from the state beyond periods allowed by law;
G. Ceasing to discharge the duties of the office for three consecutive months;
H. Conviction of a felony;
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I. Refusal or neglect to file required oath of office;
J. Declaration by a competent tribunal that election or appointment is void; or
K. Commitment to a hospital or sanitarium by a court of competent jurisdiction.
5.8 All vacancies occurring in the office of Director shall be filled pursuant to Section 1780 of
the Government Code. The District shall notify the county elections official of the vacancy
no later than 15 days after the Board is notified of the vacancy or the effective date of the
vacancy, whichever is later.
A. The remaining members of a five person board may fill a vacancy by appointment.
The appointee shall hold office until the District general election 130 days or more
after the effective date of the vacancy. Appointments shall be made within 60 days
after the effective date of the vacancy. Notice of the vacancy shall be posted in
three or more conspicuous places within the District and published in a newspaper
of general circulation at least 15 days prior to an appointment. The remaining
members may call an election to fill the vacancy within 60 days of the vacancy, in
lieu of an appointment, on the next available election date provided by Chapter 1
of Division 1 of the Election Code that is 130 days or more after the vacancy.
B. If the vacancy is not filled or an election called within 60 days of the vacancy, the
County Board of Supervisors may fill the vacancy within 90 days of the vacancy or
order the District to call an election to fill the vacancy.
C. If neither (A) or (B) has occurred within 90 days, the District shall call an election
to be held on the next available election date provided by Chapter 1 of Division 1
of the Election Code that is 130 days or more after the vacancy occurs.
D. If the remaining Board falls below a quorum, the Board of Supervisors may waive
the 60 day period provided in (A) and appoint immediately, or may call an election
to fill the vacancy under Chapter 1 of the Election Code. The Board of Supervisors
shall only fill enough vacancies to provide a quorum.
E. Appointees shall hold office until the next District general election. Electees shall
hold office for the unexpired balance of the term of office.
5.9 If a Director’s place of residence is moved outside District boundaries, and if within 180
days of the move the Director fails to reestablish a place of residence within the District,
it shall be presumed that a permanent change of residence has occurred and that a
vacancy exists on the Board.
5.9
6.0 OFFICERS
6.1 President and Vice President
A. A President and Vice President of the Board shall be elected annually at the
District’s reorganization meeting held at the first regular meeting of the Board in
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December of each year. The President shall assume the chair of the Presiding
Officer immediately after election.
B. The President shall make committee, agency, and intergovernmental meeting
assignments, subject to consent of the Board, annually by the first meeting of the
Board of Directors to be held in January of the subsequent year.
C. If the President is absent from a meeting of the Board, the Vice President shall
serve as the Presiding Officer. If both the President and Vice President are absent,
the Secretary shall take the chair so that the Directors present may elect a
Presiding Officer. Upon late arrival of the President or Vice President at the
meeting, the chair shall be relinquished at the first opportunity not disruptive to the
conduct of business.
D. In the event the President becomes incapacitated or is otherwise unable to act in
his/her official capacity, as determined by a majority vote of the Board, the Vice
President shall serve until the incapacity is cured or relieved. In the event the Vice
President becomes incapacitated or is otherwise unable to act in his/her official
capacity, as determined by a majority vote of the Board, an interim Vice President
shall be elected at the District’s next regular meeting of the Board to serve until the
incapacity is cured or relieved.
E. The Presiding Officer, established pursuant to these policies, shall conduct the
proceedings of the Board.
F. The Presiding Officer shall sign all ordinances, resolutions and contract documents
approved and adopted by the Board.
G. The President and Vice President of the Board shall serve as the President and
Vice President of the Public Financing Corporation. The Officers of the
Corporation shall be updated annually at the District’s reorganization meeting held
at the first regular meeting of the Board in December of each year.
H. Individuals serving as President or Vice President of the Board and the Corporation
may be removed from office by a majority vote of the Board.
H.
7.0 APPOINTED STAFF AND OTHERS
Appointed Staff, as defined in this section, shall mean the General Manager, Board Secretary,
Assistant Board Secretary and Treasurer, who are appointed by the Board.
7.1 General Manager, Secretary, Assistant Secretary and Treasurer
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A. A General Manager shall be appointed by a majority vote of the Board and serve
at the pleasure of the Board. The General Manager shall perform all duties set
forth in County Water District Law, set forth in these policies, set forth in the
General Manager’s contract with the District, imposed by the Board, and in
accordance with governing laws and regulations. In summary, the General
Manager shall: (1) have full charge and control of the maintenance, operation, and
construction of the water works or water works system of the District; (2) have full
power and authority to employ and discharge all employees and assistants at
pleasure; (3) prescribe the duties of employees and assistants; (4) fix and alter the
compensation of employees and assistants subject to budget limitations as
approved by the Board; (5) perform other duties imposed by the Board; and (6)
report to the Board in accordance with the rules and regulations as adopted by the
Board.
B. A Secretary and Assistant Secretary shall be appointed by a majority vote of the
Board and serve at the pleasure of the Board. The Secretary, or the Assistant
Secretary in the absence of the Secretary, shall attest all ordinances and
resolutions approved and adopted by the Board, countersign all contract
documents approved and adopted by the Board, prepare the minutes of each
meeting held by the Board, and perform all duties set forth in the County Water
District Law, set forth in these policies, imposed by the Board, and in accordance
with governing laws and regulations.
C. A Treasurer shall be appointed by a majority vote of the Board and serve at the
pleasure of the Board. The Treasurer shall perform all duties set forth in the
County Water District Law, set forth in these policies, imposed by the Board, and
in accordance with governing laws and regulations. The Treasurer shall install and
maintain a system of auditing and accounting that shall completely and at all times
show the financial condition of the District.
D. A member of the Board shall not serve as the General Manager, Secretary,
Assistant Secretary or Treasurer. The same person may be appointed as General
Manager and Secretary or Secretary and Treasurer. There shall be no additional
compensation for also serving as Secretary, Assistant Secretary or Treasurer if the
individual so serving is an employee of the District.
E. The Secretary, Assistant Secretary, and Treasurer of the District shall serve as the
Secretary, Assistant Secretary, and Treasurer of the Public Financing Corporation.
Appointed staff of the Corporation shall be updated annually at the District’s
reorganization meeting held at the first regular meeting of the Board in December
of each year.
F. The General Manager, Secretary, Assistant Secretary, Treasurer, and other
employees or assistants of the District, as required by the Board, shall each give
a bond to the District conditioned for the faithful performance of his/her duties as
the Board may provide. Payment for the provision of these bonds shall be provided
by the District.
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G. Individuals serving as General Manager, Secretary, Assistant Secretary, or
Treasurer of the Board and the Corporation may be removed from their
appointments by a majority vote of the Board.
7.2 District Legal and Labor Counsel
A. The District’s Legal and Labor Counsel are law firms that are appointed by and
report to the Board of Directors.
1. Legal Counsel shall serve as the attorney for the District and its Board in all
legal matters pertaining to the operation, maintenance, and other related
business of the District. Legal Counsel shall perform such duties as the
Board or General Manager may request, and shall (1) review all Board
actions to insure legality and acceptability under law; (2) prepare or review
legal documents and provide legal counsel, as required by the Board or
General Manager; and (3) attend and/or participate in Board meetings and
other meetings as directed by the Board or the General Manager.
2. Labor Counsel shall serve as the attorney for the District and its Board in all
legal matters pertaining to public sector law, employment law, and other
related business of the District. Labor Counsel shall perform such duties as
the Board or General Manager may request, and shall (1) review all
employment related matters to insure legality and acceptability under law;
(2) prepare or review employment and labor related documents and provide
legal counsel, as required by the Board or General Manager and (3) attend
and/or participate in Board meetings and other meetings as directed by the
Board or the General Manager.
7.3 District Auditor
A. The District’s Auditor is a certified audit firm that is appointed by and reports to the
Board, and that conducts the District’s annual audit and prepares the District’s
annual audit report. The District’s auditor shall be rotated on a periodic basis.
Contracts for independent auditing services shall be awarded for an initial period
of three years, with the option of extending up to two subsequent years (for a
maximum total of five), unless otherwise determined by the Board.
7.4 Consultants
A. The Board may from time-to-time select, retain, compensate, define the scope and
efforts of, and dismiss consultants to support or provide information to the Board
in developing policy level decisions or in implementing Board actions. In doing so,
the Board shall delegate to the General Manager the responsibility for day-to-day
direction of the work of the consultant.
8.0 COMMITTEES
8.1 From time to time, the Board may establish committees, whether standing or ad hoc, to
assist with the performance of its duties and policy advice. In keeping with the Board’s
broader focus, committees shall not direct the implementation of District programs and
projects. Committees shall assist the Board by preparing policy alternatives and
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implications for Board consideration. Committees shall not act on the Board’s behalf
unless authorized by a majority vote of the Board. Said authorization shall not conflict
with the duties assigned to the General Manager. In order to preserve the organizational
structure and support the chain of command, committees shall not exercise authority over
staff or staff operations.
8.2 The purpose of each established committee shall be reviewed by the Board on an annual
basis, prior to making Director assignments, in order to determine their continuing
relevance.
8.3 The Board previously adopted the Fair Political Practices Commission’s (FPPC) Form
806 as the District’s official form for reporting public official appointments and has directed
staff to post a completed form on the District’s website in accordance with the
requirements set forth in FPPC Regulation 18705.5.
9.0 DIRECTORS’ COMPENSATION, BENEFITSINSURANCE AND EXPENSE
REIMBURSEMENT
Directors’ Compensation
9.1 As of January 23, 2003, compensation for members of the Board shall be $150 per day
for each day’s attendance at meetings of the Board and other meetings attended at the
request of the Board, including reasonable and necessary travel time (see Appendix 1).
Compensation for any type of service shall not exceed ten days in any calendar month.
9.2 Directors shall complete an Activity Report and Compensation Form (see Exhibit AC) on
on a monthly basis. Directors have until the 15th day of the following month to file said
reports with the General Manager or his/her designee. If an activity report is not returned
by this deadline, no compensation shall be paid to the Director for that reporting period.
9.3 All activity reports shall be reviewed and approved by the President or the Vice President.
9.4 Increases in compensation are limited to five percent for each calendar year following the
operative date of the last adjustment. The Board shall consider its compensation rate
following the reorganization meeting held at the first regular meeting of the Board in
December of each year. If the Board recommends an increase in the amount of
compensation, an Ordinance shall be considered and adopted by the Board according to
the following procedures:
A. A public hearing shall be held prior to adoption of the Ordinance.
Notice of the hearing shall be published in a newspaper of general circulation once
a week for two successive weeks prior to the public hearing.
B.
B.C. The Ordinance shall become effective 60 days from the date of its final passage.
9.5 The District does not provide any of its Directors with loans.
BenefitsHealth Insurance
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9.6 Directors and their eligible dependents may choose to participate in the health benefits
plans provided by the District., including medical, dental and vision plans. The District
shall pays the current premium amount for Directors and 2/3 of the premium amount for
eligible dependents for health, dental and vision coverage. Directors are responsible for
paying the balance of the premium amount for eligible dependents. The District also
provides Group Life and AD&D insurance in the amounts of $10,000. Health benefits
provided to Directors shall not be greater than the most generous scheduleplan being
offered to any group of District employees. A Director is also eligible for District-provided
post-service health benefits if the following conditions are satisfied: the Director’s term
began before January 1, 1995 and continued uninterrupted until on or after May 27, 2010;
and the Director began receiving health benefits from the District before January 1, 1994.
The rate of accrual for post-service health benefits is one year of benefits for each three
years of service to the District as a Director. In addition to the terms and conditions
provided herein, any terms or conditions set forth in the personnel rules of the District that
are applicable to retiree health benefits shall also apply to post-service health benefits for
Directors, except those conditions relating to good standing and adequate notice of
retirement. Directors are also eligible for District-provided Group Life insurance and
Accidental Death and Dismemberment insurance in amounts up to $10,000 each.
Additionally, Directors may elect to participate in the District’s deferred compensation
plan. Enrollment in any of the above benefits plans is subject to the rules and restrictions
of the plans.
9.6 and shall not be available after a Director is no longer an elected or appointed
official of the District.
Travel Expense Reimbursement
9.7 Directors are encouraged to attend conferences, conventions, meetings, symposiums,
intergovernmental meetings and legislative sessions relating to the mission of the District.
Directors shall receive reimbursement or payment of expenses, according to District
rules, incurred in the performance of their duties as required or authorized by the Board.
Attendance at an event must be pre-approved or ratified by a majority vote of the Board
in order to be considered as an activity for the purposes of compensation and payment
andor reimbursement of travel expenses. Directors’ rates for reimbursement and
payment of travel expenses shall not be greater than rates specified for District
employees.
9.8 Directors shall be reimbursed for actual costs to attend activities, not to exceed:
Flight: $350 Per Round Trip (Most Economical Class)
Car Rental: $50 Per Day (Economy to Standard Size Vehicle)
Lodging: $275 Per Night
Meals: $75 Per Day
Actual and Necessary Expenses: $30 Per Day
9.9 Expenditures for lodging, meals, and transportation shall provide for reasonable and
necessary comfort and convenience. Directors shall be mindful that public funds are
being spent and that only a reasonable and necessary level of expense is warranted.
9.10 When available, Directors must use coach class for commercial travel and
group/government rates for lodging. If the group/government rate is not available, the
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reimbursement cannot be more than the amount set forth above. In the event a more
expensive class of transportation is used, the reimbursable amount shall be limited to the
cost of the most economical class of transportation available as identified above.
9.11 If an expense does not fall within the reimbursement rates identified in Section 9.12above,
it must be preapproved or ratified by a majority vote of the Board, in a public meeting,
before it is incurred.
9.12 Meal expenses include the reasonable and necessary costs of meals and beverages, not
including alcoholic beverages. Meal expenses shall be reimbursed on a meal by meal
basis, not a daily basis not to exceed $75 per day. Individual mMeal expenses amounts
for partial days shall be reimbursed on a meal by meal basis are identified as follows: $15
for breakfast, $25 for lunch, and $35 for dinner. Any amount spent over the daily or partial
day reimbursable amounts set forth in for individual meals in this sectionpolicy may not
be “deducted” from another day’s reimbursable amount during that same activity.,
provided the cumulative daily expenses over the duration of the activity are not exceeded.
Additionally, any amounts not spent over the daily or partial day reimbursable amounts
set forth above may not be added to another day’s reimbursable amount during that same
activity. No reimbursement shall be provided for alternative meals W when an activity
incorporates meals as part of the activity, and the District has paid for the cost for of the
activity, including any incorporated meals, . Attendance at receptions before dinner shall
not be considered a meal.the per meal allowance as listed above shall not apply. Instead,
meals that are not incorporated into the activity cost shall be reimbursed up to the rates
in this policy. Alternative meals to those provided through the activity shall not be
reimbursed.
9.13 Eligible reimbursable amounts as identified above, do not include the cost of taxes or
gratuities.
9.14 Actual and necessary expenses include tips for porters, baggage carriers, bell hops, and
housekeepers. This does not include the cost of laundry, cleaning or pressing of clothes,
or telephone calls.
9.15 For travel by personal vehicle, mileage shall be reimbursed at the IRS rate in effect at the
time of travel. Personally owned vehicles used in the conduct of District business must
be insured for property and liability damage in an amount not less than the minimum limits
required by the California Financial Responsibility Act. In no case shall the amount paid
for mileage reimbursement for use of a personally owned vehicle used for travel in lieu of
air travel exceed the cost of coach class or equivalent airfare.
9.16 The District shall not incur any costs for a spouse, or other accompanying person.
9.17 In order to obtain reimbursement tor qualified expenses, the following procedures must
be followed:
A. Directors shall submit a completed Travel Expense Reimbursement Form (see
Exhibit BD) for conference, convention or symposium attendance, together with all
original itemized receipts and corresponding route maps, within 30 calendar days
of when the expense was incurred.
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B. Directors shall also submit a completed Meeting and Mileage Expense
Reimbursement Form (see Exhibit CE) for local meeting attendance, together with
all original itemized receipts and corresponding route maps, within 30 calendar
days following the end of each month.
C. If the Director does not file an expense report within the above listed deadlines30
days of the activity, the District will not reimburse mileage or out-of-pocket
expenses.
D. For any activity that the District prepays expenses, the Director is still required to
file an expense report to ensure that any expenses prepaid by the District are
properly accounted for. Staff shall assist Directors with these reports as needed.
To enforce the timely filing of expense reports the District may, by majority vote of
the Board, stop prepaying conference and travel expenses.
C.E. All expense reimbursement requests shall be reviewed and approved by the
Finance Manager or the General Manager. Any requests for reimbursement that
fall outside the limitations contained in this policy shall be reviewed and approved
by the President or Vice President.
D.A. If the Director does not file an expense report within 30 days of the activity, the
District will not reimburse mileage or out-of-pocket expenses. For any activity that
the District prepays expenses, the Director is still required to file an expense report
to ensure that any expenses prepaid by the District are properly accounted for.
Staff shall assist Directors with these reports as needed. To enforce the timely
filing of expense reports the District may, by majority vote of the Board, stop
prepaying conference and travel expenses.
E.F. With the exception of mileage reimbursement, any expense shown on the form
must have a corresponding, attached original itemized receipt or other verification
document.
G. If a receipt is lost or not provided, the Director must submit a completed a Missing
Receipt Affidavit Form (see Exhibit DF) as substantiation of the expense.
F.H. Directors shall also submit a completed Miscellaneous Gratuities Form (see Exhibit
G) for such expenses paid in cash without a receipt.
G.I. All forms, receipts and verification documents shall be public documents subject
to redaction of any confidential information, such as credit card numbers.
9.18 A Director shall not attend a conference or training event for which there is an expense
to the District if it occurs after the Director has announced his/her pending resignation, or
if it occurs after an election in which it has been determined that the Director will not retain
his/her seat on the Board. A Director shall not attend a conference or training event when
it is apparent that there is no significant benefit to the District.
9.19 Directors shall provide a brief report about the activity at the next regular Board meeting
following attendance. Said report shall detail what was learned at the session(s) that will
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be of benefit to the District. Materials from session(s) may be delivered to the General
Manager for inclusion in the District’s library for future use.
Communications Expense Reimbursement
9.20 In order to facilitate operational efficiency and reduce expenses, the Board has
determined that it is in the best interests of the District to have all agendas and other
District information distributed to the Board via electronic means instead of providing
paper copies whenever possible. While Director participation in and support of this
initiative is encouraged, it is not required. Participating Directors are eligible for the
reimbursement of expenses associated with the purchase of necessary electronic
equipment and related items provided:
A. The Director is an elected official of the District with more than two months
remaining in his/her current term of office.
B. The Director has submitted a completed Communications Expense
Reimbursement Form (see Exhibit EH) in accordance with established
procedures.
C. The District shall provide reimbursement, up to $1,000 every four years (or sooner
in the event of loss or theft), for the cost of electronic equipment and related items
of the Director’s choosing plus a monthly allowance of $25 for a data plan relating
to e-mail/internet access, etc., as applicable. Qualifying electronic equipment and
related items shall include tablet PCs, laptop computers, tablet PC/laptop covers
or cases, protective screen wraps, extended warranties, and downloadable
applications specific to the conduct of District business, such as word processing,
spreadsheet or PDF annotation applications.
D. Expenses that are not reimbursable include, but are not limited to, gift wrapping,
engraving, downloadable applications (other than those used specifically for
conducting District business) and additional adaptors.
E. One hundred percent of the electronic equipment and approved itemized expenses
reimbursed shall be reported on the Director’s Form W-2 as taxable income. In
providing this information, the District is not offering tax advice. Directors having
questions concerning the tax implications of electronic communications
reimbursement benefits are urged to contact the Internal Revenue Service or other
experts in tax law.
9.21 Reimbursements shall be processed when proof of purchase and original itemized
receipts are submitted by the Director along with a completed form within 30 days of
purchase.
9.22 Failure to submit a completed form within this time frame shall result in a denial of the
Director’s request for reimbursement of the expense.
A. The electronic equipment and related items for which reimbursement is provided
shall become the property of the Director and all maintenance is the sole
responsibility of the Director.
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B. Notwithstanding the foregoing, staff may, from time to time as deemed necessary,
provide paper copies of District information to Directors and such provision of
paper copies shall not affect the reimbursement of expenses as provided in this
section.
9.23 Should a Director experience a loss or theft of electronic equipment for which the full or
partial expense was reimbursed by the District, said Director shall submit a written
statement and/or police report to the Finance Manager or the General Manager for
auditing purposes prior to requesting reimbursement of expenses for the purchase of
replacement equipment. Requests for reimbursement of expenses for replacement
equipment shall be subject to the limitations and requirements as set forth above.
9.24 All communications expense reimbursement requests shall be reviewed and approved by
the Finance Manager or the General Manager. Any requests for reimbursement that fall
outside the limitations contained in this policy shall be reviewed and approved by the
President or Vice President.
Disclosure of Expenditures/Reimbursements
9.25 A full accounting of expenditures of public funds under this policy shall be made and
become part of the records of the District.
9.26 All reimbursements paid by the District of at least $100 for each individual charge for
services or product received, shall be disclosed in an annual report following the end of
each fiscal year. Reimbursement of an individual charge includes, but is not limited to,
one meal, lodging for one day, transportation, or a registration fee paid to any Director.
This report shall be made available for public inspection upon request.
9.27 All travel expenses and reimbursements paid by the District on behalf of a Director , the
General Manager, or other executive staff as determined by the Board, shall be disclosed
in a quarterly report and provided to the Board for review at a regular meeting.
9.27
10.0 BOARD MEETINGS, GENERAL
All meetings of the Board shall be held at the District’s Administration Building located at 1717
East Miraloma Avenue, Placentia, California. All meetings of the Board shall be open and public
and all persons are invited to attend. The District shall continue to implement all applicable
requirements of the Ralph M. Brown Act to ensure transparent, open and responsive
government.
10.1 Regular Meetings
A. All regular meetings of the Board shall be held on the second and fourth Thursday
of each month at 8:30 a.m. If these days happen to coincide with a holiday
designated by law or otherwise recognized by the District, the meeting shall be
rescheduled to a date and time as determined by a majority vote of the Board.
10.2 Special Meetings
A. Special meetings of the Board may be called by the President or a majority of the
Board. Whenever a special meeting of the Board is called, notice in writing shall
22
be delivered by the Secretary to each Director, and if notice is requested in writing,
to each local newspaper of general circulation and radio or television station. The
notice shall be delivered personally or by any other means and shall be received
at least 24 hours in advance of the meeting. The notice shall specify the time and
place of such meeting and the purpose of the meeting. The written notice may be
dispensed with as to any Director who, at or prior to the time the meeting convenes,
files with the Secretary a written waiver of notice. The written notice may also be
dispensed with as to any member who is actually present at the meeting at the
time it convenes.
10.3 Emergency Meetings
A. In the event of an emergency situation involving matters upon which prompt action
is necessary due to the disruption or threatened disruption of public facilities, the
Board may hold an emergency special meeting without complying with the 24 hour
notice required in Section 10.2 herein. An emergency situation means a crippling
disaster which severely impairs public health, safety, or both. The President, or
the Vice President in the absence of the President, or the General Manager, may
determine if an emergency situation exists.
B. Whenever an emergency meeting of the Board is called, notice in writing shall be
delivered by the Secretary to each Director, and if notice is requested in writing, to
each local newspaper of general circulation and radio or television station. The
notice shall be delivered personally or by any other means and shall be received
at least one hour in advance of the meeting. In the event that telephonic services
are not functioning, the notice requirement of one hour is waived. The Secretary
shall then notify such newspapers, radio stations, or television states of the fact of
the holding of the emergency meeting, and of any action taken by the Board, as
soon after the meeting as possible.
C. No Closed Session may be held during an emergency meeting, and all other rules
governing special meetings shall be observed with the exception of the 24 hour
notice. The minutes of the emergency meeting, a list of persons the Board or
designee notified or attempted to notify, a copy of the roll call vote(s), and any
actions taken at such meeting shall be posted for a minimum of ten days in the
District office as soon after the meeting as possible.
11.0 BOARD MEETINGS, AGENDAS
11.1 Agendas
A. Any matter which is to be considered for approval or adoption by the Board at the
meeting must be submitted to the Board as part of an agenda. All ordinances,
resolutions and contracts shall be reviewed by legal counsel and approved as to
form and legality prior to submission for consideration by the Board.
B. The Secretary shall, under direction of the General Manager, prepare an agenda
of such matters according to Section 11.2 herein, entitled “Order of Business”,
including a description of the items to be considered or discussed and, where
deemed appropriate by the General Manager, a staff recommendation for each
item.
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C. A copy of the draft agenda for every meeting of the Board shall be provided to the
Presiding Chair (should one be appointed) for review prior to posting by the
Secretary.
D. A copy of the finalized agenda for every meeting of the Board shall be posted at
least 72 hours prior to the meeting in a place that is freely accessible to members
of the public. Once posted, copies of the complete agenda and supporting
materials shall be available for public inspection during business hours at the
District office and on the District’s website.
E. Agendas for all special meetings of the Board shall be posted in the same manner
at least 24 hours prior to the meeting. The agenda for a special meeting of the
Board is limited to only those matters specifically set forth in the purpose of the call
for the special meeting. No other business shall be considered at a special
meeting.
F. All agendas and other District information shall be distributed to the Board via
electronic means instead of providing paper copies. Director incurred expenses
for electronic equipment and related items required for receiving, accessing and
printing all agendas and information shall be reimbursed in accordance with
Section 9.0 herein.
G. A copy of each agenda for a meeting of the Board shall be mailed to members of
the public so requesting them in writing. Any member of the public requesting a
copy of a complete agenda and supporting materials shall be charged, in advance,
for reproduction costs plus mailing expenses. Exceptions are public agencies,
members of the public who request a copy of the agenda without supporting
materials, and individuals requesting a copy of an agenda, with or without
supporting materials, that contains a specific matter involving that individual as a
party.
H. All information made available to the Board (except confidential information
allowed by law per legal counsel authority) shall be available for public review prior
to the Board meeting.
I. Any Director may contact the General Manager and request an item to be placed
on the agenda no later than 12:00 p.m. the day before an agenda is scheduled to
be closed. In general, all agendas will be closed on Wednesday of the week prior
to the meeting date.
J. Any member of the public may request that a matter directly related to District
business be placed on the agenda of a regularly scheduled meeting of the Board,
subject to the following conditions:
1. The request must be in writing and submitted to the General Manager
together with supporting documents and information, if any, at least 10 days
prior to the date of the meeting.
2. The General Manager shall be the sole judge of whether the public request
is or is not a “matter directly related to District business” and if the matter is
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to be placed on a future agenda. The public member requesting the agenda
item may appeal the General Manager’s decision at the next regular
meeting of the Board. Any Director may request that the item be placed on
the agenda of the Board’s next regular meeting.
3. No matter which is legally a proper subject for consideration by the Board
in Closed Session shall be accepted.
4. The Board may place limitations on the total time to be devoted to a public
request issue at any meeting, and may limit the time allowed for any one
person to speak on the issue at the meeting.
K. Any member of the public may request to present electronic material (such as a
PowerPoint presentation) directly related to District business during Public
Comments or in relation to a specific agenda item during a regularly scheduled
meeting of the Board, subject to the following conditions:
1. The request must be made in writing and submitted to the General Manager
together with all electronic materials at least 12 hours prior to the meeting.
4.2. The General Manager shall be the sole judge of whether the electronic
material is or is not a “matter directly related to District business” and if the
material is to be presented during a regularly scheduled Board meeting.
The public member requesting to present the electronic material may
appeal the General Manager’s decision at the next regular meeting of the
Board. Any Director may request that the electronic material be presented
at the Board’s next regular meeting.
11.2 Order of Business
A. Upon convening the meeting at the hour set on the date of each meeting, the
members of the Board, the Secretary and General Manager of the District shall
take their regular stations in the Board Meeting Room, and the business of the
Board shall be taken up for consideration. The Presiding Officer shall immediately
call the Board to order and lead in the Pledge of Allegiance to the flag of the United
States of America.
B. Before proceeding with the business of the Board, the Secretary shall call the roll
of the Directors. The Secretary shall enter the names of all Directors, Officers,
staff members and visitors (if known) present in the Minutes of the meeting.
C. If a quorum is present, the Secretary shall so advise the Presiding Officer. If a
quorum is not present, the Secretary may adjourn the meeting to a time certain for
the purpose of obtaining a quorum. Any such reconvened regular meeting shall
not constitute a special meeting. In the event a regular or special meeting of the
Board is adjourned to a time and date certain, the Secretary shall post a notice of
adjournment in a place that is freely accessible to members of the public within 24
hours of such adjournment.
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D. Three of the five Directors elected or appointed to the Board shall constitute a
quorum for any meeting of the Board. Irrespective of the number of Board
members constituting a quorum for a particular meeting, a majority vote of the
Board shall consist of at least three votes. No ordinance, resolution or motion shall
be passed or become effective without the affirmative votes of at least a majority
of the members of the Board.
E. Directors may attend Board and Committee meetings via teleconference provided
the meeting has been duly noticed as a teleconference meeting in compliance with
requirements of the Ralph M. Brown Act. Duly noticed teleconference locations
may be outside the District’s jurisdictional boundaries, but for purposes of
establishing a quorum, at least three Directors must be participating in the meeting
from within the District’s jurisdictional boundaries. A Director is entitled to
participate fully in the meeting and vote from a teleconference location, and all
votes shall be taken by roll call.
F. The Presiding Officer may, on his/her own initiative or at the request of any two
Directors, take any item of business out of order, either as to the general order of
business or as to the specific agenda as the Secretary has prepared it.
G. The Board may take action on items not appearing on the posted agenda for
regular meetings under the following circumstances:
1. Upon determination by a majority vote of the Board that an emergency, work
stoppage or crippling disaster exists that impairs public health and/or safety.
2. Upon determination by a two-thirds vote of the Board, or by all Directors if
only three are present, that a matter came to the attention of the District
subsequent to posting the agenda that needs immediate action by the
Board.
3. When an item was posted on the agenda of, and was continued from, a
meeting held not more than five days earlier.
H. The Order of Business taken up for consideration by the Board is generally
organized so that high priority matters are addressed at the beginning of the
meeting, and is generally in the following sequence:
1. Introductions and Presentations
2. Public Hearings
3. Consent Calendar
4. Action Calendar
5. Discussion Calendar
6. Informational Reports and Other Business
7. Closed Session(s)
8. Adjournment
I. The Public Hearings portion of the agenda, if any, shall be held at the time specified
in the legal notice advertising such hearing. In general, the order of procedure for
a public hearing is as follows:
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1. Opening of Hearing by Presiding Officer
2. Verification of Notice of Hearing Provided by Board Secretary
3. Reports by General Manager, Staff and/or Consultant
4. Comments from the Public Speaking in Favor and/or Against the Issue
4.5. Receipt of Written Communications from the Written by Public
5.1. Comments from the Public Speaking in Favor and/or Against the Issue
6. Continue or Closing of Hearing by Presiding Officer
6.7. Questions to Staff and Board Discussion by Board
7. General Manager’s Recommendations to Approve, Modify, Continue, or
Deny
8. Continue or Close Public Hearing
9.8. Consideration of Action by the Board
J. The Consent Calendar portion of the agenda shall be consideration, in a single
action, of items determined by the Secretary to be routine matters, status reports
or documents implementing previous Board instructions. If a Director has a
question or wishes to discuss a Consent Calendar item, they may do so without
formally removing the item from the Consent Calendar. If, after such discussion,
a Director, staff member or member of the public has a question or wishes to
address a Consent Calendar item further, they may request that the item be
removed for further discussion. The Presiding Officer shall immediately grant such
requests and transfer the removed item to the Action Calendar for later discussion.
Items removed from the Consent Calendar for discussion shall be acted upon
separately. All items remaining on the Consent Calendar shall be considered for
approval by a single motion. Examples of matters appearing on the Consent
Calendar may include, but are not limited to:
1. Minutes of Previous Board Meetings
2. Approval to Pay Warrants
3. Routine Environmental Assessments
4. Approval of Routine Terms and Conditions for Water and/or Sewer Service
5. Approval of Change Orders (W ith a dollar value within the General
Manager’s authority consistent with the approved purchasing policy.)
6. Approval of Contracts (For projects identified in the adopted budget.)
7. Final Acceptance of Facilities
8. Disposition of Liability Claims
9. Other Routine Administrative Matters
K. The Action Calendar portion of the agenda shall include items requiring staff
presentation and/or Board discussion prior to formal Board action. Items shall
generally be listed in order of priority and with items of a similar nature grouped
together. Items may be addressed out of order upon request and with the consent
of the Presiding Officer.
L. The Discussion Calendar shall include matters that do not require Board action or
that cannot reasonably be expected to result in Board action at that meeting.
Matters appropriate for the Discussion Calendar include technical presentations to
the Board, review of drafts of proposed policies and, in general, items for which
District staff seeks the advice and counsel of the Board. When time permits, the
Board believes the District’s best interests are served by discussing more complex
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matters at one meeting and considering formal action on them at a subsequent
meeting.
M. The Informational Reports and Other Business portion of the agenda provides an
opportunity for the presentation of reports by the General Manager, reports from
Committees, reports by Directors who have attended outside meetings, and
general comments by Directors. It also provides an opportunity for the Board to
schedule future meetings and assignments on the Board’s activity calendar.
N. Closed Sessions are strictly limited to the open meeting exceptions as defined in
the Ralph M. Brown Act. At times, during Board meetings, the Board may adjourn
into Closed Session to discuss personnel matters, real estate negotiations, existing
or anticipated litigation or other matters as specified in the exceptions set forth in
the Brown Act. Appropriate agenda descriptions are also required for Closed
Session items.
O. A motion to adjourn must be moved by a Director and seconded by another
Director, and is subject to debate. No further business can be conducted after an
affirmative vote to adjourn.
P. The Board may adjourn any regular or adjourned regular meeting to a time and
place specified in the motion of adjournment so approved by the Board.
12.0 BOARD MEETINGS, MINUTES
12.1 The Secretary shall keep minutes of all Board meetings. Minutes are to record actions
taken and meaningful discussion; they are not intended to be verbatim records. Members
of the public requesting information about a meeting shall be encouraged to listen to the
audio recording made of each meeting. Draft minutes shall be distributed to the Board
for review and approval at the next regular meeting or as soon as possible thereafter.
Minutes may be approved as part of the Consent Calendar.
12.2 The official minutes of all Board meetings shall be kept in a fire-proof vault or in fire-
resistant locked cabinets at the District’s Administration office. An audio recording shall
be made of all regular Board meetings, including public hearings, and retained for 30 days
following the date the meeting minutes are approved by a majority vote of the Board.
Video recordings of all regular Board meetings or public hearings shall be retained for a
minimum of 30 days following the date of the meeting.
13.0 BOARD MEETINGS, CONDUCT
13.1 Guidelines for Discussion
These guidelines are intended primarily for those situations where discussion of an issue
is taken up with considerable enthusiasm by several Directors and/or members of the
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general public, and it is necessary to formalize the meeting so that each Director, in due
course, may be heard.
A. The Presiding Officer shall decide, subject to a question of order by any Director,
the degree of enforcement of these guidelines at any time during any meeting.
B. The Board prefers a flexible form of meeting, believing that this enhances the
decision-making process and therefore does not conduct its meetings with formal
“rules of order” or parliamentary procedure. The Presiding Officer for each meeting
has the responsibility to preserve order and decorum. If at any time, a Director
believes order is not being maintained or that procedures being followed are not
adequate for the decision-making process at hand, he/she shall call this fact to the
attention of the Presiding Officer and request corrective action. If the corrective
action taken by the Presiding Officer is not satisfactory, a motion for specific
corrective action may be made to the Board. In that event, a majority vote of the
Board shall determine the action to be taken.
C. A Director is disqualified from participating in the decision-making process if a
financial interest in an item before the Board might interfere with the performance
of duties in an impartial manner free from bias, as defined in Section 4.0 herein. If
grounds for disqualification exist, the Director at issue shall announce prior to
consideration of the matter that he/she has a conflict of interest (see Exhibit B),
publicly identify the interest that gives rise to the conflict or potential conflict in
sufficient detail to be understood by the public, recuse themselves from discussing
and voting on the matter, and then leave the room until after the discussion, vote,
and any other disposition of the matter is concluded. The Director shall not be
counted toward achieving a quorum while the item is discussed. This rule applies
when the item that gives rise to the disqualification is on the Consent Calendar
except the Director at issue is not required to leave the room. Any Director unsure
about whether a conflict of interest exists may request an opinion from legal
counsel.
D. The Presiding Officer may move, second or debate motions from the chair, subject
only to such limitations of debate as may be imposed on all Directors, and shall
not be deprived of any of the rights and privileges of a Director by serving as the
Presiding Officer. The Presiding Officer may vote on all questions or motions
before the Board, with his/her name being called last in a roll call vote.
E. Any Director desiring to speak shall first address the chair. Upon recognition by
the Presiding Officer, the Director may speak freely with respect to the matter then
before the Board but shall confine his/her comments to the subject under
discussion. Any Director, once recognized, shall not be interrupted except by a
call to order from the Presiding Officer. If a Director is called to order, he/she shall
cease speaking until the question or order is determined; if determined to be in
order, they may proceed.
F. Any Director moving the adoption or approval of a matter may call for the question.
G. True motions to reconsider any Board action must be made at the same meeting
at which the original action was taken; however, any Director may make any other
type of motion at any meeting.
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H. All motions shall be adopted by voice vote unless otherwise required by law. The
Secretary shall record in the Minutes any dissenting and abstaining votes, or
disqualification from voting due to a conflict of interest.
I. Unless a Director declares a conflict of interest or abstains, silence shall be
recorded in the Minutes as an affirmative vote.
J. The Secretary shall enter into the Minutes for each meeting a record of all Board
actions and a summary of the discussion on each matter considered by the Board.
K. Any person desiring to speak shall first address the chair. Upon recognition by the
Presiding Officer, the speaker shall state his/her name, representation and/or
affiliation and the matter on which he/she wishes to comment. If the matter relates
to an item on the current agenda, the Presiding Officer shall recognize the person
and invite their comment when the item is considered. If the matter does not relate
to an item on the current agenda, the Presiding Officer shall determine whether
and when to allow the comment. Comments are limited to matters of public interest
within the jurisdiction of the District, and comments must be no more than three
minutes in length unless a time extension is granted by the Presiding Officer. A
maximum of 20 minutes shall be allotted for each subject matter pursuant to the
discretion of the Presiding Officer. No action shall be taken on matters not
appearing on the posted agenda for that meeting, although Directors may respond
briefly to public comments.
L. In the event any person or group of people makes personal, impertinent or
slanderous remarks or becomes boisterous while attending a District Board
meeting, the Presiding Officer shall call for order. If the person or group refuses
to comply with the Presiding Officer’s request for order, the Presiding Officer may
declare a recess and summon a law enforcement officer to remove the person(s)
from the room. Once the Presiding Officer takes this action, permission for such
person(s) to remain at the meeting requires a motion approved by a majority vote
of the Board. When, in the judgment of the Presiding Officer, order is restored, the
meeting shall reconvene and continue with the Board’s business.
14.0 BOARD ACTIONS AND DECISIONS
14.1 The Board shall act only by Ordinance, Resolution or Motion. The Presiding Officer shall
state each matter as it is presented for consideration by the Board and shall announce
each decision of the Board.
14.2 Ordinances are an authoritative decree or municipal regulation of the District. Ordinances
shall relate to no more than one subject, which shall be clearly expressed in the title of
the ordinance. No ordinance, or section thereof, shall be amended or repealed unless
the new ordinances contains the title of the ordinance or section amended or repealed.
When applicable, ordinances shall be identified to the Board as replacements to existing
ordinances or sections thereof. Ordinances must be moved and seconded and shall be
adopted only by a roll call vote. The Secretary shall record the names of all Directors and
identify them as voting Aye, No, Abstain, or Absent on each adopted ordinance. All
ordinances shall be signed by the Presiding Officer and attested by the Secretary.
Ordinances shall be in full force and effect upon adoption unless otherwise provided by
30
law, and the Secretary shall be responsible for compliance with any and all legal
requirements for publication of the ordinance.
14.3 Resolutions are a formal expression of opinion, will or intent of the Board. Resolutions
must be moved and seconded and shall be adopted only by a roll call vote. The Secretary
shall record names of all Directors and identify them as voting Aye, No, Abstain, or Absent
on each adopted resolution. All resolutions shall be signed by the Presiding Officer and
attested by the Secretary.
14.4 Motions are proposals, made by a Director during a Board meeting, for action, inclination
of the mind or will, or a formal proposal made in a deliberative manner by the Board.
Every motion considered by the Board must be moved by a Director, seconded by another
Director and is subject to debate.
14.5 Except where action is taken by the unanimous vote of all Directors present and voting,
the Secretary shall record the names of all Directors and identify them as voting Aye, No,
Abstain or Absent upon the passage of all ordinances, resolutions, or motions and enter
them upon the Minutes of the Board.
15.0 EXHIBITS AND APPENDIXES
Exhibits
A. Acknowledgement
B. Sample Conflict of Interest Declarations
A.C. Activity Report and Compensation Form
B.D. Travel Expense Reimbursement Form
C.E. Meeting and Mileage Expense Reimbursement Form
D.F. Missing Receipt Affidavit Form
G. Miscellaneous Gratuities Form
E.H. Communications Expense Reimbursement Form
F. Sample Conflict of Interest Declarations
G.A. Acknowledgement
Appendixes
1. Setting Compensation for Members of the Board (Ord. 03-01)
Resolution No. 16-12 Adopting a Board of Directors Policies and Procedures Manual and Rescinding Resolution No. 15-05 1
RESOLUTION NO. 16-12
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING A BOARD OF DIRECTORS POLICIES AND
PROCEDURES MANUAL AND RESCINDING RESOLUTION NO. 15-05
WHEREAS, the Yorba Linda Water District was formed pursuant to Division 12 of the
California Water Code; and
WHEREAS, Section 30530 of the Water Code provides that the Board shall establish
rules for its proceedings; and
WHEREAS, such rules for proceedings were formerly established and adopted by
Resolution No. 15-05; and
WHEREAS, it is the desire of the Board of Directors to amend these rules and
incorporate other related policies in order to create a comprehensive
policies and procedures manual.
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 “Policies and Procedures
Manual” as attached hereto and by this reference incorporated herein.
Section 3. The policies and procedures contained in this manual shall take effect
immediately and that Resolution No. 15-05 is hereby rescinded.
Resolution No. 16-12 Adopting a Board of Directors Policies and Procedures Manual and Rescinding Resolution No. 15-05 2
PASSED AND ADOPTED this 28th day of July, 2016 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
YORBA LINDA
WATER DISTRICT
Board of Directors
Policies and Procedures Manual
Adopted July 28, 2016
Resolution No. 16-13
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TABLE OF CONTENTS
1.0 Purpose and Scope.................................................................................................................... 3
2.0 Mission, Vision and Core Values .............................................................................................. 3
3.0 Basis of Authority ...................................................................................................................... 3
4.0 Duties, Responsibilities and Conduct ...................................................................................... 4
5.0 Composition, Terms and Vacancy.......................................................................................... 11
6.0 Officers ..................................................................................................................................... 12
7.0 Appointed Staff and Others .................................................................................................... 13
8.0 Committees .............................................................................................................................. 15
9.0 Directors’ Compensation, Benefits and Expense Reimbursement ..................................... 16
10.0 Board Meetings, General ......................................................................................................... 20
11.0 Board Meetings, Agendas ....................................................................................................... 22
12.0 Board Meetings, Minutes ......................................................................................................... 26
13.0 Board Meetings, Conduct ........................................................................................................ 27
14.0 Board Actions and Decisions ................................................................................................. 28
15.0 Exhibits and Appendixes ........................................................................................................ 29
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1.0 PURPOSE AND SCOPE
1.1 The purpose of this manual is to provide a compilation of policies and procedures
approved by the Board to facilitate the proper conduct of District business. Each Director
shall be provided with a copy of this manual, acknowledge receipt in writing (see Exhibit
A), and affirm their intent to comply with the policies and procedures contained herein. If
any portion of this manual is in conflict with federal or state law or regulations that apply
to the District, said legislation or regulations shall prevail.
2.0 MISSION, VISION AND CORE VALUES
2.1 Mission Statement
Yorba Linda Water District will provide reliable, high quality water and sewer services in
an environmentally responsible manner, while maintaining an economical cost and
unparalleled customer service to our community.
2.2 Vision
Yorba Linda Water District will become the leading, innovative and efficient source for
high quality reliable services.
2.3 Core Values
The Yorba Linda Water District Board of Directors and staff are guided in everything we
do by the following core values:
Integrity – We demonstrate integrity every day by practicing the highest ethical standards
and by ensuring that our actions follow our words.
Accountability – We acknowledge that both the Board and staff of the District are
accountable to the public that we serve, as well as to each other.
Responsibility - We take full responsibility for our actions – both our successes and our
opportunities for growth. We maintain a commitment of courtesy, assessment and
resolution with all customer concerns.
Transparency – We promote a culture where we actively listen to our customers and
communicate openly about our policies, processes and plans for the future.
Teamwork – Success centers on all departments working together and sharing
information and resources to achieve common goals. We are dedicated to ensuring that
every voice of the District, from the Board to each individual employee is treated with
dignity and respect, and that differences are valued and individual abilities and
contributions are recognized.
3.0 BASIS OF AUTHORITY
3.1 The District is a County Water District, organized and existing under the County Water
District Law. The Board is the legislative body, and functions as the District’s
policymaking body. It can only function as a unit. Apart from their role as a part of this
unit, individual Directors have no authority with regard to any aspect of District business.
4
3.2 As individuals, Directors may not commit the District to any policy, act, or expenditure
without prior Board approval nor give direction to the General Manager, staff, contract
personnel or consultants without prior Board approval. Directors do not represent any
fractional segment or region of the community, but are part of a legislative body that
represents and acts for the District as a whole. Since Directors are elected officials, no
Director may delegate his/her authority to act as a Director.
4.0 DUTIES, RESPONSIBILITIES AND CONDUCT
Duties and Responsibilities
4.1 The Board’s primary responsibility is the formulation and evaluation of District policy. The
General Manager is responsible for running the District’s business. Routine matters
concerning operational aspects of the District are delegated to professional staff members
by the General Manager. Directors are responsible for monitoring District progress in
attaining its goals and objectives, while pursuing its mission. The Board establishes
goals, objectives, expectations, and measurement criteria for the General Manager’s
performance. Board members shall provide policy direction and instructions to the
General Manager on matters within the authority of the Board by a majority vote during a
duly convened meeting of the Board.
4.2 In order to assist in the governance of the behavior between and among members of the
Board, the following practices shall be observed:
A. The dignity, style, values and opinions of each Director shall be respected.
B. Responsiveness and attentive listening in communication is encouraged.
C. The needs of the District’s constituents shall be the priority of the Board of
Directors.
D. Directors shall commit themselves to emphasizing the positive, avoiding double
talk, hidden agendas, gossip, backbiting, and other negative forms of interaction.
E. Directors shall commit themselves to focusing on issues and not personalities.
The presentation of the opinions of others shall be encouraged. Cliques and voting
blocks based on personalities rather than issues shall be avoided.
F. Differing viewpoints are healthy in the decision-making process. Individuals have
the right to disagree with ideas and opinions, but without being disagreeable.
Once the Board takes action, Directors shall commit to supporting said action and
not create barriers to the implementation of said action.
4.3 In order to maintain effective working relationships and support the chain of command,
the following procedures shall be followed:
A. Board members shall address matters within the authority of the General Manager
through the General Manager, not directly through District employees.
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B. Accordingly, individual Directors’ requests for information from staff or contract
personnel/consultants shall always be made to the General Manager.
C. Responsive materials to Directors’ requests for information shall be distributed by
the General Manager or his/her designee, to all Board members at the same time.
D. If the General Manger’s response is deemed inadequate, a Director may contact
the Board President or raise the issue directly at a Board meeting, where the Board
shall determine whether or not the issue warrants attention and if so, schedule it
for a future meeting.
E. If the General Manager anticipates being unavailable, he/she shall notify the Board
in advance and provide a designee contact.
F. When the General Manager is unavailable in person or by technological means,
Board members, at their discretion, may contact the General Manager’s designee.
G. Board members shall refrain from making requests directly to District employees
to undertake analysis, perform work assignments or change the priority of work
assignments. District employees have been instructed to notify the General
Manager of all requests received from a Board member within 48 hours.
H. If approached by an employee concerning District policy, Board members shall
direct inquiries to the appropriate staff supervisor or General Manager.
I. In handling complaints from residents and property owners of the District, said
complaints shall be referred directly to the General Manager.
J. In handling matters related to public safety, concerns shall be reported to the
General Manager or the District office. Emergency situations shall be dealt with
immediately by seeking appropriate assistance.
K. In seeking clarification for policy-related concerns, especially those involving
personnel, legal action, land acquisition and development, finances and
programming, said concerns shall be referred directly to the General Manager or
legal counsel.
4.4 The work of the District is a team effort. All individuals shall work together in the
collaborative process, assisting each other in conducting the affairs of the District.
A. When responding to constituent requests and concerns, Directors shall be
courteous, responding to individuals in a positive manner and routing their
questions through appropriate channels.
B. Directors shall develop a working relationship with the General Manager wherein
current issues, concerns and District projects can be discussed comfortably and
openly.
C. Directors shall function as a part of the whole. Issues shall be brought to the
attention of the Board as a whole, rather than to individual members selectively.
6
4.5 Directors shall attend all meetings of the Board, including committee, agency, and
intergovernmental meetings to which they may be assigned, unless there is good cause
for absence, and be properly prepared for participation and deliberation.
4.6 Newly elected or appointed Directors shall participate in a minimum of two hours of
harassment prevention training and a minimum of six hours of basic governance training
within one year from the first day of service with the District. Thereafter, all Directors shall
participate in a minimum of two hours of harassment prevention training every two years
and a minimum of six hours of basic governance training every five years. Participation
in the Governance Foundation course, offered by the California Special District
Association’s Special District Leadership Academy, shall satisfy the basic governance
training requirement.
4.7 The Board shall review the policies and procedures contained in this manual on an annual
basis or more often as required.
Code of Conduct (Ethics Policy)
4.8 It is the policy of the District to require the highest standards of ethics from its Board
members. The operation of the District requires that decisions and policy be made within
the proper channels of governmental structure, that the public office not be used for
personal gain, and that all individuals associated with the District remain impartial and
responsible towards the public. Accordingly, it is the policy of the District that Board
members shall maintain the highest standard of personal honesty and fairness in carrying
out their duties. The following are guidelines for ethical conduct to be followed by the
Board:
A. Board members are obligated to uphold the Constitution of the United States and
the Constitution of the State of California, and to uphold the laws of national, state
and local governmental agencies. Board members shall comply with all applicable
laws regulating their conduct, including conflicts of interest, financial disclosure and
open government laws. It is the responsibility of Board members to conduct
themselves both professionally and personally in a manner above reproach and to
avoid the appearance of impropriety.
B. Board members in the performance of their official duties and responsibilities shall
neither harass nor discriminate against any individual on the basis of their
protected classification(s), the perception of any individuals protected
classification(s), or because the individual associates with a person who has or is
perceived to have a protected classification(s). The term “Protected Classification”
includes race, religion, color, sex (including gender, gender identity, gender
expression, transgender, pregnancy, and breastfeeding), sexual orientation
(including heterosexuality, homosexuality and bisexuality), national origin,
ancestry, citizenship status, marital status, age, medical condition, genetic
characteristics or information, military or veteran status, and physical or mental
disability (whether perceived or actual). No Board member shall grant any unfair
or inappropriate consideration, treatment, or advantage to any individual or group
beyond that which is available to others or groups with the same circumstances.
7
C. Except where specifically authorized by the General Manager in the public interest,
no Board member shall knowingly use or permit the use of District-owned vehicles,
equipment, telephones, materials or property, nor require a District employee to
perform services for personal convenience or profit. Board members shall
safeguard the District’s property, equipment, moneys, and assets against
unauthorized use or removal, as well as from loss due to criminal act or breach of
trust.
D. Board members shall not disclose information that legally qualifies as confidential
to unauthorized individuals without approval from a majority vote of the Board and
consultation with legal counsel. This includes information that (1) has been
received during a Closed Session; (2) is protected from disclosure under the
attorney/client or other evidentiary privilege; or (3) is not required to be disclosed
under the California Public Records Act. A Board member may make a
confidential inquiry or complaint to a district attorney or grand jury concerning a
perceived violation of law, including disclosing facts to a district attorney or grand
jury necessary to establish the alleged illegality of a District action. Prior to
disclosing confidential information, however, a Board member shall first bring the
matter to the attention of either the President or the full Board.
E. Board members shall avoid conflicts, or perceived conflicts of interest in
connection with District decisions and activities.
1. A Board member shall not have a financial interest in a contract with the
District, which includes the purchase or sale of goods and services. The
Board shall not authorize any District contract if a Board member is
financially interested in the contract.
2. A Board member shall not participate in the discussion, deliberation or vote
on a matter before the Board, or attempt to influence a decision of the
Board, if the Board member has a financial interest, which is prohibited
under California law. If a Board member believes that he/she may be
disqualified from participation in the discussion, deliberations or vote on a
particular matter due to a financial interest, the following procedures shall
be followed:
a. If a Board member becomes aware of the potential conflict of interest
before a Board meeting at which the matter will be discussed or
acted on, the Board member shall notify the General Manager and
legal counsel of the potential conflict of interest, so that a
determination can be made whether it is a disqualifying conflict of
interest.
b. If it’s not possible for a Board member to discuss the potential conflict
with the General Manager and legal counsel before the meeting, or
if the Board member does not become aware of the potential conflict
until during the meeting, the Board member shall immediately
disclose the potential conflict during the Board meeting (see Exhibit
B), so that there can be a determination as to whether it is a
disqualifying conflict of interest.
8
c. Upon a determination that there is a disqualifying conflict of interest,
the Board member (1) shall not participate in the discussion,
deliberation or vote on the matter for which a conflict of interest
exists, which shall be so noted in the Board minutes; and (2) leave
the room until after the discussion, vote and any other disposition of
the matter is concluded (see also Section 13.1 C).
3. A Board member shall not recommend the employment of a relative to the
District or to a vendor, contractor or consultant known by the Board member
to be bidding or negotiating a contract with the District.
F. To avoid non-compliance with the Ralph M. Brown Act, Directors are prohibited
from sending and receiving electronically produced messages during meetings.
G. For a period of one year after leaving office, former Board members shall not
represent any non-governmental entities before the District for compensation. This
restriction shall not apply to governmental entities.
4.9 Board members are prohibited from soliciting political funds or contributions at District
facilities and prohibited from using the District’s seal, trademark, logo, branding,
stationary or other indicia of the District’s identity, in any solicitation for political
contributions contrary to State law. A Board member shall not accept, solicit or direct a
political contribution from:
A. District employees.
B. Consultants or contractors used by the District in the past 12 months.
C. Individuals, entities, vendors, consultants, sub-consultants, contractors, or sub-
contractors which have a personal or financial interest in a contract or other matter
while it is pending before the District and for 6 months after the District renders a
final decision on that contract or other matter.
4.10 The appointment or election of a Board member to a public entity, other than the District,
may result in action that is contrary or inconsistent with the interests of the District and
could result in loss of the member’s position of the Board. Board members may, with
consent of the Board, consult with legal counsel and the Board may authorize a request
for an opinion from the Attorney General of the State of California as to the incompatibility
of offices.
4.11 No Board member shall receive or agree to receive, directly or indirectly, any
compensation, reward, honoraria or gift from any source except for recognition from the
District for any action related to the conduct of the District’s business. A Board member
shall not accept gifts that exceed the limitations specified in California law. Any and all
gifts, campaign contributions, income and financial information shall be disclosed as
required under the provisions of the Political Reform Act of 1974 and applicable
regulations adopted by the Fair Political Practices Commission.
4.12 Board members and persons elected or appointed, who have not yet assumed office as
members of the Board, shall fully comply with the provisions of the Ralph M. Brown Act.
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4.13 The General Manager has primary responsibility for (1) ensuring compliance with the
District’s personnel policies and procedures; (2) ensuring that District employees do not
engage in improper activities; (3) investigating allegations of improper activities; and (4)
taking appropriate corrective and disciplinary actions. The Board ensures that the
General Manager is operating the District according to the law and the policies approved
by the Board.
A. Board members shall disclose to the General Manager, to the extent not expressly
prohibited by law, improper activities within their knowledge. Board members shall
not interfere with the General Manager’s responsibilities in identifying,
investigating and correcting improper activities, unless the Board determines the
General Manager is not properly carrying out these responsibilities.
B. A Board member shall not directly or indirectly use or attempt to use the authority
or influence of the position to intimidate, threaten, coerce, command or influence
any person for the purpose of preventing such person from acting in good faith to
bring to the attention of the General Manager or the Board any information that, if
true, will constitute a work-related violation by a Board member or District
employee of any law or regulation. This includes, but is not limited to (1)
misappropriation or waste of District funds; (2) abuse of authority; (3) creating
substantial danger to public health or safety by an act or omission of a District
official or employee; (4) use of a District office or position or of District resources
for personal gain; or (5) a conflict of interest of a Board member or employee.
4.14 Any new Director must receive ethics training as soon as practical, but not more than one
year, from the first day of service with the District. Thereafter, all Directors shall be
required to receive ethics training at least once every two years. A Director who serves
on more than one local agency board may satisfy this requirement by obtaining ethics
training once every two years without regard to the number of local agencies with which
he/she serves. The District shall provide information annually on where training is
available. All Directors shall provide a copy of proof of participation in the required ethics
training to the District. Copies of proofs of participation shall be considered public
documents and shall be retained for a minimum of five years.
4.15 Directors are not subject to the District’s Conflict of Interest Codes, but are subject to the
disclosure requirements of the Political Reform Act. Directors are required to file a
Statement of Economic Interests (Form 700) with the County when assuming office, on
an annual basis thereafter, and when leaving office. Filing of these forms shall be
performed using the County’s e-file system.
4.16 Directors appointed to other agency’s boards (e.g. OCSD or JPIA) shall be required to
file Form 700’s in accordance with that respective agency’s Conflict of Interest Codes.
4.17 The following procedures shall be followed when any member of the Board reasonably
believes that another member of the Board has engaged in alleged misconduct or has
failed to act in the best interests of the District. These procedures shall not be effective
in any case in which a non-board member seeks redress for alleged misconduct by a
Board member. While the Board has discretion in deciding the actions it may choose to
take in response to a complaint, this section provides definitions and procedures related
to three types of actions: admonition, sanction and censure.
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A. Admonition is the least severe form of action. An admonition may typically be
directed to all members of the Board, reminding them that a particular type of
behavior is not in the best interests of the District, and that, if it occurs or is found
to have occurred, could cause a member to be subject to sanction or censure. An
admonition may be issued in response to a particular alleged action or actions,
although it will not necessarily have to be triggered by a complaint of misconduct.
An admonition may be issued by the Board prior to any findings of fact regarding
any complaint, and because it is a warning or reminder, will not necessarily require
an investigation.
B. Sanction is the next most severe form of action. Sanction shall be directed to an
individual member of the Board based on a particular action (or set of actions) that
is determined to be misconduct but is considered by the Board not to be sufficiently
serious to require censure. A sanction may be based upon the Board’s review and
consideration of a complaint. A sanction may be issued by the Board, and because
it is not punishment or discipline, will not necessarily require an investigation.
C. Censure is the most severe form of action. Censure is a formal statement of the
Board officially reprimanding one of its members. It is a punitive action, which
serves as a penalty imposed for misconduct, but it carries no fine or suspension of
the rights of the member as an elected official. It can however, include such
actions as the disapproval of expense reimbursement requests, de-authorization
of attendance at conferences, seminars and other activities at District expense,
removal of the member from Board committee, agency and intergovernmental
meeting assignments, and other such remedies as may be deemed appropriate by
the Board. Censure shall only be used for cases in which the Board determines
that the misconduct is a serious offense. In order to protect the overriding principle
of freedom of speech, the Board shall not impose censure on any of its members
for the exercise of his/her First Amendment rights, no matter how distasteful the
expression was to the Board or the District. However, nothing herein shall be
construed to prohibit the Board from collectively condemning and expressing their
strong disapprobation of such remarks. Before the imposition of a censure, the
Director accused of a violation shall be entitled to written notice of the allegation,
the right to provide a written response to the allegation, and an opportunity to
respond in writing as to the results of an investigation.
4.18 All complaints shall be submitted in writing to the General Manager and/or the District’s
legal counsel for review and determination as to whether there is sufficient basis for
further action. Complaints that specifically seek admonition, sanction or censure as a
specific remedy shall be treated as a request for that remedy. Once a complaint has been
filed, the General Manager, in conjunction with legal counsel, shall bring the matter before
the Board. The Director named in a complaint shall be given an opportunity to respond
to the complaint in writing. If the Board determines, in consultation with legal counsel,
that an investigation is warranted, the Board shall initiate an investigation by the
appropriate investigator, entity or authority, as determined in the reasonable discretion of
the Board. In the event of such an investigation, a report of the findings of said
investigation, along with the accused Director’s written response to the report, shall be
presented to the board for majority action. If there is no merit, the matter shall be disposed
of with no further action. When the Board decides, based upon findings and the accused
Director’s defense, that a violation has occurred, it may choose to impose one of the
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above listed internal remedies. Any action taken by the Board to impose a sanction or
censure, shall be taken by way of written resolution.
4.19 At any point during any of these processes, the Board may refer the matter, as
appropriate, to the Orange County District Attorney or other proper authorities for possible
investigation, enforcement or prosecution. Prior to or following such referral, the Board
may also proceed with any of the actions described in this section.
5.0 COMPOSITION, TERMS AND VACANCY
5.1 The District shall have a Board of five Directors each of whom, whether elected or
appointed, shall be a voter of the District.
5.2 The term of office of each Director, other than Directors appointed to fill an unexpired
term, shall be four years. Terms of office are staggered, with elections held in November
of every even numbered year.
5.3 Elections are held at large, which means that all voters throughout the District have the
opportunity to vote for any person seeking election.
5.4 Before entering upon the duties of his/her office, each Director shall take and subscribe
the official oath and file it with the Secretary. The oath of office may be taken before the
Secretary, any member of the Board, or any officer authorized by law to administer oaths.
5.5 Each Director elected or appointed shall hold office until his/her successor qualifies.
5.6 If a person elected fails to qualify, the office shall be filled as if there were a vacancy in
the office.
5.7 From time to time a vacancy may occur on the Board for a variety of reasons. An office
becomes vacant on any of the following events before the expiration of a Director’s term:
A. Death of an incumbent;
B. A court’s declaration that the incumbent is physically or mentally incapacitated;
C. Resignation;
D. Removal from office;
E. Ceasing to be an inhabitant of the District;
F. Absence from the state beyond periods allowed by law;
G. Ceasing to discharge the duties of the office for three consecutive months;
H. Conviction of a felony;
I. Refusal or neglect to file required oath of office;
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J. Declaration by a competent tribunal that election or appointment is void; or
K. Commitment to a hospital or sanitarium by a court of competent jurisdiction.
5.8 All vacancies occurring in the office of Director shall be filled pursuant to Section 1780 of
the Government Code. The District shall notify the county elections official of the vacancy
no later than 15 days after the Board is notified of the vacancy or the effective date of the
vacancy, whichever is later.
A. The remaining members of a five person board may fill a vacancy by appointment.
The appointee shall hold office until the District general election 130 days or more
after the effective date of the vacancy. Appointments shall be made within 60 days
after the effective date of the vacancy. Notice of the vacancy shall be posted in
three or more conspicuous places within the District and published in a newspaper
of general circulation at least 15 days prior to an appointment. The remaining
members may call an election to fill the vacancy within 60 days of the vacancy, in
lieu of an appointment, on the next available election date provided by Chapter 1
of Division 1 of the Election Code that is 130 days or more after the vacancy.
B. If the vacancy is not filled or an election called within 60 days of the vacancy, the
County Board of Supervisors may fill the vacancy within 90 days of the vacancy or
order the District to call an election to fill the vacancy.
C. If neither (A) or (B) has occurred within 90 days, the District shall call an election
to be held on the next available election date provided by Chapter 1 of Division 1
of the Election Code that is 130 days or more after the vacancy occurs.
D. If the remaining Board falls below a quorum, the Board of Supervisors may waive
the 60 day period provided in (A) and appoint immediately, or may call an election
to fill the vacancy under Chapter 1 of the Election Code. The Board of Supervisors
shall only fill enough vacancies to provide a quorum.
E. Appointees shall hold office until the next District general election. Electees shall
hold office for the unexpired balance of the term of office.
5.9 If a Director’s place of residence is moved outside District boundaries, and if within 180
days of the move the Director fails to reestablish a place of residence within the District,
it shall be presumed that a permanent change of residence has occurred and that a
vacancy exists on the Board.
6.0 OFFICERS
6.1 President and Vice President
A. A President and Vice President of the Board shall be elected annually at the
District’s reorganization meeting held at the first regular meeting of the Board in
December of each year. The President shall assume the chair of the Presiding
Officer immediately after election.
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B. The President shall make committee, agency, and intergovernmental meeting
assignments, subject to consent of the Board, annually by the first meeting of the
Board of Directors to be held in January of the subsequent year.
C. If the President is absent from a meeting of the Board, the Vice President shall
serve as the Presiding Officer. If both the President and Vice President are absent,
the Secretary shall take the chair so that the Directors present may elect a
Presiding Officer. Upon late arrival of the President or Vice President at the
meeting, the chair shall be relinquished at the first opportunity not disruptive to the
conduct of business.
D. In the event the President becomes incapacitated or is otherwise unable to act in
his/her official capacity, as determined by a majority vote of the Board, the Vice
President shall serve until the incapacity is cured or relieved. In the event the Vice
President becomes incapacitated or is otherwise unable to act in his/her official
capacity, as determined by a majority vote of the Board, an interim Vice President
shall be elected at the District’s next regular meeting of the Board to serve until the
incapacity is cured or relieved.
E. The Presiding Officer, established pursuant to these policies, shall conduct the
proceedings of the Board.
F. The Presiding Officer shall sign all ordinances, resolutions and contract documents
approved and adopted by the Board.
G. The President and Vice President of the Board shall serve as the President and
Vice President of the Public Financing Corporation. The Officers of the
Corporation shall be updated annually at the District’s reorganization meeting held
at the first regular meeting of the Board in December of each year.
H. Individuals serving as President or Vice President of the Board and the Corporation
may be removed from office by a majority vote of the Board.
7.0 APPOINTED STAFF AND OTHERS
Appointed Staff, as defined in this section, shall mean the General Manager, Board Secretary,
Assistant Board Secretary and Treasurer, who are appointed by the Board.
7.1 General Manager, Secretary, Assistant Secretary and Treasurer
A. A General Manager shall be appointed by a majority vote of the Board and serve
at the pleasure of the Board. The General Manager shall perform all duties set
forth in County Water District Law, set forth in these policies, set forth in the
General Manager’s contract with the District, imposed by the Board, and in
accordance with governing laws and regulations. In summary, the General
Manager shall: (1) have full charge and control of the maintenance, operation, and
construction of the water works or water works system of the District; (2) have full
power and authority to employ and discharge all employees and assistants at
pleasure; (3) prescribe the duties of employees and assistants; (4) fix and alter the
compensation of employees and assistants subject to budget limitations as
approved by the Board; (5) perform other duties imposed by the Board; and (6)
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report to the Board in accordance with the rules and regulations as adopted by the
Board.
B. A Secretary and Assistant Secretary shall be appointed by a majority vote of the
Board and serve at the pleasure of the Board. The Secretary, or the Assistant
Secretary in the absence of the Secretary, shall attest all ordinances and
resolutions approved and adopted by the Board, countersign all contract
documents approved and adopted by the Board, prepare the minutes of each
meeting held by the Board, and perform all duties set forth in the County Water
District Law, set forth in these policies, imposed by the Board, and in accordance
with governing laws and regulations.
C. A Treasurer shall be appointed by a majority vote of the Board and serve at the
pleasure of the Board. The Treasurer shall perform all duties set forth in the
County Water District Law, set forth in these policies, imposed by the Board, and
in accordance with governing laws and regulations. The Treasurer shall install and
maintain a system of auditing and accounting that shall completely and at all times
show the financial condition of the District.
D. A member of the Board shall not serve as the General Manager, Secretary,
Assistant Secretary or Treasurer. The same person may be appointed as General
Manager and Secretary or Secretary and Treasurer. There shall be no additional
compensation for also serving as Secretary, Assistant Secretary or Treasurer if the
individual so serving is an employee of the District.
E. The Secretary, Assistant Secretary, and Treasurer of the District shall serve as the
Secretary, Assistant Secretary, and Treasurer of the Public Financing Corporation.
Appointed staff of the Corporation shall be updated annually at the District’s
reorganization meeting held at the first regular meeting of the Board in December
of each year.
F. The General Manager, Secretary, Assistant Secretary, Treasurer, and other
employees or assistants of the District, as required by the Board, shall each give
a bond to the District conditioned for the faithful performance of his/her duties as
the Board may provide. Payment for the provision of these bonds shall be provided
by the District.
G. Individuals serving as General Manager, Secretary, Assistant Secretary, or
Treasurer of the Board and the Corporation may be removed from their
appointments by a majority vote of the Board.
7.2 District Legal and Labor Counsel
A. The District’s Legal and Labor Counsel are law firms that are appointed by and
report to the Board of Directors.
1. Legal Counsel shall serve as the attorney for the District and its Board in all
legal matters pertaining to the operation, maintenance, and other related
business of the District. Legal Counsel shall perform such duties as the
Board or General Manager may request, and shall (1) review all Board
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actions to insure legality and acceptability under law; (2) prepare or review
legal documents and provide legal counsel, as required by the Board or
General Manager; and (3) attend and/or participate in Board meetings and
other meetings as directed by the Board or the General Manager.
2. Labor Counsel shall serve as the attorney for the District and its Board in all
legal matters pertaining to public sector law, employment law, and other
related business of the District. Labor Counsel shall perform such duties as
the Board or General Manager may request, and shall (1) review all
employment related matters to insure legality and acceptability under law;
(2) prepare or review employment and labor related documents and provide
legal counsel, as required by the Board or General Manager and (3) attend
and/or participate in Board meetings and other meetings as directed by the
Board or the General Manager.
7.3 District Auditor
A. The District’s Auditor is a certified audit firm that is appointed by and reports to the
Board, and that conducts the District’s annual audit and prepares the District’s
annual audit report. The District’s auditor shall be rotated on a periodic basis.
Contracts for independent auditing services shall be awarded for an initial period
of three years, with the option of extending up to two subsequent years (for a
maximum total of five), unless otherwise determined by the Board.
7.4 Consultants
A. The Board may from time-to-time select, retain, compensate, define the scope and
efforts of, and dismiss consultants to support or provide information to the Board
in developing policy level decisions or in implementing Board actions. In doing so,
the Board shall delegate to the General Manager the responsibility for day-to-day
direction of the work of the consultant.
8.0 COMMITTEES
8.1 From time to time, the Board may establish committees, whether standing or ad hoc, to
assist with the performance of its duties and policy advice. In keeping with the Board’s
broader focus, committees shall not direct the implementation of District programs and
projects. Committees shall assist the Board by preparing policy alternatives and
implications for Board consideration. Committees shall not act on the Board’s behalf
unless authorized by a majority vote of the Board. Said authorization shall not conflict
with the duties assigned to the General Manager. In order to preserve the organizational
structure and support the chain of command, committees shall not exercise authority over
staff or staff operations.
8.2 The purpose of each established committee shall be reviewed by the Board on an annual
basis, prior to making Director assignments, in order to determine their continuing
relevance.
8.3 The Board previously adopted the Fair Political Practices Commission’s (FPPC) Form
806 as the District’s official form for reporting public official appointments and has directed
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staff to post a completed form on the District’s website in accordance with the
requirements set forth in FPPC Regulation 18705.5.
9.0 DIRECTORS’ COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT
Directors’ Compensation
9.1 As of January 23, 2003, compensation for members of the Board shall be $150 per day
for each day’s attendance at meetings of the Board and other meetings attended at the
request of the Board, including reasonable and necessary travel time (see Appendix 1).
Compensation for any type of service shall not exceed ten days in any calendar month.
9.2 Directors shall complete an Activity Report and Compensation Form (see Exhibit C) on a
monthly basis. Directors have until the 15th day of the following month to file said reports
with the General Manager or his/her designee. If an activity report is not returned by this
deadline, no compensation shall be paid to the Director for that reporting period.
9.3 All activity reports shall be reviewed and approved by the President or the Vice President.
9.4 Increases in compensation are limited to five percent for each calendar year following the
operative date of the last adjustment. The Board shall consider its compensation rate
following the reorganization meeting held at the first regular meeting of the Board in
December of each year. If the Board recommends an increase in the amount of
compensation, an Ordinance shall be considered and adopted by the Board according to
the following procedures:
A. A public hearing shall be held prior to adoption of the Ordinance.
B. Notice of the hearing shall be published in a newspaper of general circulation once
a week for two successive weeks prior to the public hearing.
C. The Ordinance shall become effective 60 days from the date of its final passage.
9.5 The District does not provide any of its Directors with loans.
Benefits
9.6 Directors and their eligible dependents may participate in the health benefits plans
provided by the District, including medical, dental and vision plans. The District shall pay
the premium amount for Directors and 2/3 of the premium amount for eligible dependents.
Directors are responsible for paying the balance of the premium amount for eligible
dependents. Health benefits provided to Directors shall not be greater than the most
generous plan being offered to any group of District employees. A Director is also eligible
for District-provided post-service health benefits if the following conditions are satisfied:
the Director’s term began before January 1, 1995 and continued uninterrupted until on or
after May 27, 2010; and the Director began receiving health benefits from the District
before January 1, 1994. The rate of accrual for post-service health benefits is one year
of benefits for each three years of service to the District as a Director. In addition to the
terms and conditions provided herein, any terms or conditions set forth in the personnel
rules of the District that are applicable to retiree health benefits shall also apply to post-
service health benefits for Directors, except those conditions relating to good standing
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and adequate notice of retirement. Directors are also eligible for District-provided Group
Life insurance and Accidental Death and Dismemberment insurance in amounts up to
$10,000 each. Additionally, Directors may elect to participate in the District’s deferred
compensation plan. Enrollment in any of the above benefits plans is subject to the rules
and restrictions of the plans.
Travel Expense Reimbursement
9.7 Directors are encouraged to attend conferences, conventions, meetings, symposiums,
intergovernmental meetings and legislative sessions relating to the mission of the District.
Directors shall receive reimbursement or payment of expenses, according to District
rules, incurred in the performance of their duties as required or authorized by the Board.
Attendance at an event must be pre-approved or ratified by a majority vote of the Board
in order to be considered as an activity for the purposes of compensation and payment
or reimbursement of travel expenses. Directors’ rates for reimbursement and payment of
travel expenses shall not be greater than rates specified for District employees.
9.8 Directors shall be reimbursed for actual costs to attend activities, not to exceed:
Flight: $350 Per Round Trip (Most Economical Class)
Car Rental: $50 Per Day (Economy to Standard Size Vehicle)
Lodging: $275 Per Night
Meals: $75 Per Day
Actual and Necessary Expenses: $30 Per Day
9.9 Expenditures for lodging, meals, and transportation shall provide for reasonable and
necessary comfort and convenience. Directors shall be mindful that public funds are
being spent and that only a reasonable and necessary level of expense is warranted.
9.10 When available, Directors must use coach class for commercial travel and
group/government rates for lodging. If the group/government rate is not available, the
reimbursement cannot be more than the amount set forth above. In the event a more
expensive class of transportation is used, the reimbursable amount shall be limited to the
cost of the most economical class of transportation available as identified above.
9.11 If an expense does not fall within the reimbursement rates identified in Section 9.12, it
must be preapproved or ratified by a majority vote of the Board in a public meeting.
9.12 Meal expenses include the reasonable and necessary costs of meals and beverages, not
including alcoholic beverages. Meal expenses shall be reimbursed on a daily basis not
to exceed $75 per day. Meal expenses for partial days shall be reimbursed on a meal by
meal basis as follows: $15 for breakfast, $25 for lunch, and $35 for dinner. Any amount
spent over the daily or partial day reimbursable amounts set forth in this section may not
be deducted from another day’s reimbursable amount during that same activity.
Additionally, any amounts not spent over the daily or partial day reimbursable amounts
set forth above may not be added to another day’s reimbursable amount during that same
activity. No reimbursement shall be provided for alternative meals when the District has
paid for the cost of the activity including any incorporated meals. Attendance at
receptions before dinner shall not be considered a meal.
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9.13 Eligible reimbursable amounts as identified above, do not include the cost of taxes or
gratuities.
9.14 Actual and necessary expenses include tips for porters, baggage carriers, bell hops, and
housekeepers. This does not include the cost of laundry, cleaning or pressing of clothes,
or telephone calls.
9.15 For travel by personal vehicle, mileage shall be reimbursed at the IRS rate in effect at the
time of travel. Personally owned vehicles used in the conduct of District business must
be insured for property and liability damage in an amount not less than the minimum limits
required by the California Financial Responsibility Act. In no case shall the amount paid
for mileage reimbursement for use of a personally owned vehicle used for travel in lieu of
air travel exceed the cost of coach class or equivalent airfare.
9.16 The District shall not incur any costs for a spouse, or other accompanying person.
9.17 In order to obtain reimbursement tor qualified expenses, the following procedures must
be followed:
A. Directors shall submit a completed Travel Expense Reimbursement Form (see
Exhibit D) for conference, convention or symposium attendance, together with all
original itemized receipts and corresponding route maps, within 30 calendar days
of when the expense was incurred.
B. Directors shall also submit a completed Meeting and Mileage Expense
Reimbursement Form (see Exhibit E) for local meeting attendance, together with
all original itemized receipts and corresponding route maps, within 30 calendar
days following the end of each month.
C. If the Director does not file an expense report within the above listed deadlines,
the District will not reimburse mileage or out-of-pocket expenses.
D. For any activity that the District prepays expenses, the Director is still required to
file an expense report to ensure that any expenses prepaid by the District are
properly accounted for. Staff shall assist Directors with these reports as needed.
To enforce the timely filing of expense reports the District may, by majority vote of
the Board, stop prepaying conference and travel expenses.
E. All expense reimbursement requests shall be reviewed and approved by the
Finance Manager or the General Manager. Any requests for reimbursement that
fall outside the limitations contained in this policy shall be reviewed and approved
by the President or Vice President.
F. With the exception of mileage reimbursement, any expense shown on the form
must have a corresponding, attached original itemized receipt or other verification
document.
G. If a receipt is lost or not provided, the Director must submit a completed Missing
Receipt Affidavit Form (see Exhibit F) as substantiation of the expense.
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H. Directors shall also submit a completed Miscellaneous Gratuities Form (see Exhibit
G) for such expenses paid in cash without a receipt.
I. All forms, receipts and verification documents shall be public documents subject
to redaction of any confidential information, such as credit card numbers.
9.18 A Director shall not attend a conference or training event for which there is an expense
to the District if it occurs after the Director has announced his/her pending resignation, or
if it occurs after an election in which it has been determined that the Director will not retain
his/her seat on the Board. A Director shall not attend a conference or training event when
it is apparent that there is no significant benefit to the District.
9.19 Directors shall provide a brief report about the activity at the next regular Board meeting
following attendance. Said report shall detail what was learned at the session(s) that will
be of benefit to the District. Materials from session(s) may be delivered to the General
Manager for inclusion in the District’s library for future use.
Communications Expense Reimbursement
9.20 In order to facilitate operational efficiency and reduce expenses, the Board has
determined that it is in the best interests of the District to have all agendas and other
District information distributed to the Board via electronic means instead of providing
paper copies whenever possible. While Director participation in and support of this
initiative is encouraged, it is not required. Participating Directors are eligible for the
reimbursement of expenses associated with the purchase of necessary electronic
equipment and related items provided:
A. The Director is an elected official of the District with more than two months
remaining in his/her current term of office.
B. The Director has submitted a completed Communications Expense
Reimbursement Form (see Exhibit H) in accordance with established procedures.
C. The District shall provide reimbursement, up to $1,000 every four years (or sooner
in the event of loss or theft), for the cost of electronic equipment and related items
of the Director’s choosing plus a monthly allowance of $25 for a data plan relating
to e-mail/internet access, etc., as applicable. Qualifying electronic equipment and
related items shall include tablet PCs, laptop computers, tablet PC/laptop covers
or cases, protective screen wraps, extended warranties, and downloadable
applications specific to the conduct of District business, such as word processing,
spreadsheet or PDF annotation applications.
D. Expenses that are not reimbursable include, but are not limited to, gift wrapping,
engraving, downloadable applications (other than those used specifically for
conducting District business) and additional adaptors.
E. One hundred percent of the electronic equipment and approved itemized expenses
reimbursed shall be reported on the Director’s Form W-2 as taxable income. In
providing this information, the District is not offering tax advice. Directors having
questions concerning the tax implications of electronic communications
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reimbursement benefits are urged to contact the Internal Revenue Service or other
experts in tax law.
9.21 Reimbursements shall be processed when proof of purchase and original itemized
receipts are submitted by the Director along with a completed form within 30 days of
purchase.
9.22 Failure to submit a completed form within this time frame shall result in a denial of the
Director’s request for reimbursement of the expense.
A. The electronic equipment and related items for which reimbursement is provided
shall become the property of the Director and all maintenance is the sole
responsibility of the Director.
B. Notwithstanding the foregoing, staff may, from time to time as deemed necessary,
provide paper copies of District information to Directors and such provision of
paper copies shall not affect the reimbursement of expenses as provided in this
section.
9.23 Should a Director experience a loss or theft of electronic equipment for which the full or
partial expense was reimbursed by the District, said Director shall submit a written
statement and/or police report to the Finance Manager or the General Manager for
auditing purposes prior to requesting reimbursement of expenses for the purchase of
replacement equipment. Requests for reimbursement of expenses for replacement
equipment shall be subject to the limitations and requirements as set forth above.
9.24 All communications expense reimbursement requests shall be reviewed and approved by
the Finance Manager or the General Manager. Any requests for reimbursement that fall
outside the limitations contained in this policy shall be reviewed and approved by the
President or Vice President.
Disclosure of Expenditures/Reimbursements
9.25 A full accounting of expenditures of public funds under this policy shall be made and
become part of the records of the District.
9.26 All reimbursements paid by the District of at least $100 for each individual charge for
services or product received, shall be disclosed in an annual report following the end of
each fiscal year. Reimbursement of an individual charge includes, but is not limited to,
one meal, lodging for one day, transportation, or a registration fee paid to any Director.
This report shall be made available for public inspection upon request.
9.27 All travel expenses and reimbursements paid by the District on behalf of a Director shall
be disclosed in a quarterly report and provided to the Board for review at a regular
meeting.
10.0 BOARD MEETINGS, GENERAL
All meetings of the Board shall be held at the District’s Administration Building located at 1717
East Miraloma Avenue, Placentia, California. All meetings of the Board shall be open and public
and all persons are invited to attend. The District shall continue to implement all applicable
21
requirements of the Ralph M. Brown Act to ensure transparent, open and responsive
government.
10.1 Regular Meetings
A. All regular meetings of the Board shall be held on the second and fourth Thursday
of each month at 8:30 a.m. If these days happen to coincide with a holiday
designated by law or otherwise recognized by the District, the meeting shall be
rescheduled to a date and time as determined by a majority vote of the Board.
10.2 Special Meetings
A. Special meetings of the Board may be called by the President or a majority of the
Board. Whenever a special meeting of the Board is called, notice in writing shall
be delivered by the Secretary to each Director, and if notice is requested in writing,
to each local newspaper of general circulation and radio or television station. The
notice shall be delivered personally or by any other means and shall be received
at least 24 hours in advance of the meeting. The notice shall specify the time and
place of such meeting and the purpose of the meeting. The written notice may be
dispensed with as to any Director who, at or prior to the time the meeting convenes,
files with the Secretary a written waiver of notice. The written notice may also be
dispensed with as to any member who is actually present at the meeting at the
time it convenes.
10.3 Emergency Meetings
A. In the event of an emergency situation involving matters upon which prompt action
is necessary due to the disruption or threatened disruption of public facilities, the
Board may hold an emergency special meeting without complying with the 24 hour
notice required in Section 10.2 herein. An emergency situation means a crippling
disaster which severely impairs public health, safety, or both. The President, or
the Vice President in the absence of the President, or the General Manager, may
determine if an emergency situation exists.
B. Whenever an emergency meeting of the Board is called, notice in writing shall be
delivered by the Secretary to each Director, and if notice is requested in writing, to
each local newspaper of general circulation and radio or television station. The
notice shall be delivered personally or by any other means and shall be received
at least one hour in advance of the meeting. In the event that telephonic services
are not functioning, the notice requirement of one hour is waived. The Secretary
shall then notify such newspapers, radio stations, or television states of the fact of
the holding of the emergency meeting, and of any action taken by the Board, as
soon after the meeting as possible.
C. No Closed Session may be held during an emergency meeting, and all other rules
governing special meetings shall be observed with the exception of the 24 hour
notice. The minutes of the emergency meeting, a list of persons the Board or
designee notified or attempted to notify, a copy of the roll call vote(s), and any
actions taken at such meeting shall be posted for a minimum of ten days in the
District office as soon after the meeting as possible.
22
11.0 BOARD MEETINGS, AGENDAS
11.1 Agendas
A. Any matter which is to be considered for approval or adoption by the Board at the
meeting must be submitted to the Board as part of an agenda. All ordinances,
resolutions and contracts shall be reviewed by legal counsel and approved as to
form and legality prior to submission for consideration by the Board.
B. The Secretary shall, under direction of the General Manager, prepare an agenda
of such matters according to Section 11.2 herein, entitled “Order of Business”,
including a description of the items to be considered or discussed and, where
deemed appropriate by the General Manager, a staff recommendation for each
item.
C. A copy of the draft agenda for every meeting of the Board shall be provided to the
Presiding Chair (should one be appointed) for review prior to posting by the
Secretary.
D. A copy of the finalized agenda for every meeting of the Board shall be posted at
least 72 hours prior to the meeting in a place that is freely accessible to members
of the public. Once posted, copies of the complete agenda and supporting
materials shall be available for public inspection during business hours at the
District office and on the District’s website.
E. Agendas for all special meetings of the Board shall be posted in the same manner
at least 24 hours prior to the meeting. The agenda for a special meeting of the
Board is limited to only those matters specifically set forth in the purpose of the call
for the special meeting. No other business shall be considered at a special
meeting.
F. All agendas and other District information shall be distributed to the Board via
electronic means instead of providing paper copies. Director incurred expenses
for electronic equipment and related items required for receiving, accessing and
printing all agendas and information shall be reimbursed in accordance with
Section 9.0 herein.
G. A copy of each agenda for a meeting of the Board shall be mailed to members of
the public so requesting them in writing. Any member of the public requesting a
copy of a complete agenda and supporting materials shall be charged, in advance,
for reproduction costs plus mailing expenses. Exceptions are public agencies,
members of the public who request a copy of the agenda without supporting
materials, and individuals requesting a copy of an agenda, with or without
supporting materials, that contains a specific matter involving that individual as a
party.
H. All information made available to the Board (except confidential information
allowed by law per legal counsel authority) shall be available for public review prior
to the Board meeting.
23
I. Any Director may contact the General Manager and request an item to be placed
on the agenda no later than 12:00 p.m. the day before an agenda is scheduled to
be closed. In general, all agendas will be closed on Wednesday of the week prior
to the meeting date.
J. Any member of the public may request that a matter directly related to District
business be placed on the agenda of a regularly scheduled meeting of the Board,
subject to the following conditions:
1. The request must be in writing and submitted to the General Manager
together with supporting documents and information, if any, at least 10 days
prior to the date of the meeting.
2. The General Manager shall be the sole judge of whether the public request
is or is not a “matter directly related to District business” and if the matter is
to be placed on a future agenda. The public member requesting the agenda
item may appeal the General Manager’s decision at the next regular
meeting of the Board. Any Director may request that the item be placed on
the agenda of the Board’s next regular meeting.
3. No matter which is legally a proper subject for consideration by the Board
in Closed Session shall be accepted.
4. The Board may place limitations on the total time to be devoted to a public
request issue at any meeting, and may limit the time allowed for any one
person to speak on the issue at the meeting.
K. Any member of the public may request to present electronic material (such as a
PowerPoint presentation) directly related to District business during Public
Comments or in relation to a specific agenda item during a regularly scheduled
meeting of the Board, subject to the following conditions:
1. The request must be made in writing and submitted to the General Manager
together with all electronic materials at least 12 hours prior to the meeting.
2. The General Manager shall be the sole judge of whether the electronic
material is or is not a “matter directly related to District business” and if the
material is to be presented during a regularly scheduled Board meeting.
The public member requesting to present the electronic material may
appeal the General Manager’s decision at the next regular meeting of the
Board. Any Director may request that the electronic material be presented
at the Board’s next regular meeting.
11.2 Order of Business
A. Upon convening the meeting at the hour set on the date of each meeting, the
members of the Board, the Secretary and General Manager of the District shall
take their regular stations in the Board Meeting Room, and the business of the
Board shall be taken up for consideration. The Presiding Officer shall immediately
24
call the Board to order and lead in the Pledge of Allegiance to the flag of the United
States of America.
B. Before proceeding with the business of the Board, the Secretary shall call the roll
of the Directors. The Secretary shall enter the names of all Directors, Officers,
staff members and visitors (if known) present in the Minutes of the meeting.
C. If a quorum is present, the Secretary shall so advise the Presiding Officer. If a
quorum is not present, the Secretary may adjourn the meeting to a time certain for
the purpose of obtaining a quorum. Any such reconvened regular meeting shall
not constitute a special meeting. In the event a regular or special meeting of the
Board is adjourned to a time and date certain, the Secretary shall post a notice of
adjournment in a place that is freely accessible to members of the public within 24
hours of such adjournment.
D. Three of the five Directors elected or appointed to the Board shall constitute a
quorum for any meeting of the Board. Irrespective of the number of Board
members constituting a quorum for a particular meeting, a majority vote of the
Board shall consist of at least three votes. No ordinance, resolution or motion shall
be passed or become effective without the affirmative votes of at least a majority
of the members of the Board.
E. Directors may attend Board and Committee meetings via teleconference provided
the meeting has been duly noticed as a teleconference meeting in compliance with
requirements of the Ralph M. Brown Act. Duly noticed teleconference locations
may be outside the District’s jurisdictional boundaries, but for purposes of
establishing a quorum, at least three Directors must be participating in the meeting
from within the District’s jurisdictional boundaries. A Director is entitled to
participate fully in the meeting and vote from a teleconference location, and all
votes shall be taken by roll call.
F. The Presiding Officer may, on his/her own initiative or at the request of any two
Directors, take any item of business out of order, either as to the general order of
business or as to the specific agenda as the Secretary has prepared it.
G. The Board may take action on items not appearing on the posted agenda for
regular meetings under the following circumstances:
1. Upon determination by a majority vote of the Board that an emergency, work
stoppage or crippling disaster exists that impairs public health and/or safety.
2. Upon determination by a two-thirds vote of the Board, or by all Directors if
only three are present, that a matter came to the attention of the District
subsequent to posting the agenda that needs immediate action by the
Board.
3. When an item was posted on the agenda of, and was continued from, a
meeting held not more than five days earlier.
25
H. The Order of Business taken up for consideration by the Board is generally
organized so that high priority matters are addressed at the beginning of the
meeting, and is generally in the following sequence:
1. Introductions and Presentations
2. Public Hearings
3. Consent Calendar
4. Action Calendar
5. Discussion Calendar
6. Informational Reports and Other Business
7. Closed Session(s)
8. Adjournment
I. The Public Hearings portion of the agenda, if any, shall be held at the time specified
in the legal notice advertising such hearing. In general, the order of procedure for
a public hearing is as follows:
1. Opening of Hearing by Presiding Officer
2. Verification of Notice of Hearing Provided by Board Secretary
3. Reports by General Manager, Staff and/or Consultant
4. Comments from the Public Speaking in Favor and/or Against the Issue
5. Receipt of Written Communications from the Public
6. Continue or Closing of Hearing by Presiding Officer
7. Questions to Staff and Board Discussion
8. Consideration of Action by the Board
J. The Consent Calendar portion of the agenda shall be consideration, in a single
action, of items determined by the Secretary to be routine matters, status reports
or documents implementing previous Board instructions. If a Director has a
question or wishes to discuss a Consent Calendar item, they may do so without
formally removing the item from the Consent Calendar. If, after such discussion,
a Director, staff member or member of the public has a question or wishes to
address a Consent Calendar item further, they may request that the item be
removed for further discussion. The Presiding Officer shall immediately grant such
requests and transfer the removed item to the Action Calendar for later discussion.
Items removed from the Consent Calendar for discussion shall be acted upon
separately. All items remaining on the Consent Calendar shall be considered for
approval by a single motion. Examples of matters appearing on the Consent
Calendar may include, but are not limited to:
1. Minutes of Previous Board Meetings
2. Approval to Pay Warrants
3. Routine Environmental Assessments
4. Approval of Routine Terms and Conditions for Water and/or Sewer Service
5. Approval of Change Orders (W ith a dollar value within the General
Manager’s authority consistent with the approved purchasing policy.)
6. Approval of Contracts (For projects identified in the adopted budget.)
7. Final Acceptance of Facilities
8. Disposition of Liability Claims
9. Other Routine Administrative Matters
26
K. The Action Calendar portion of the agenda shall include items requiring staff
presentation and/or Board discussion prior to formal Board action. Items shall
generally be listed in order of priority and with items of a similar nature grouped
together. Items may be addressed out of order upon request and with the consent
of the Presiding Officer.
L. The Discussion Calendar shall include matters that do not require Board action or
that cannot reasonably be expected to result in Board action at that meeting.
Matters appropriate for the Discussion Calendar include technical presentations to
the Board, review of drafts of proposed policies and, in general, items for which
District staff seeks the advice and counsel of the Board. When time permits, the
Board believes the District’s best interests are served by discussing more complex
matters at one meeting and considering formal action on them at a subsequent
meeting.
M. The Informational Reports and Other Business portion of the agenda provides an
opportunity for the presentation of reports by the General Manager, reports from
Committees, reports by Directors who have attended outside meetings, and
general comments by Directors. It also provides an opportunity for the Board to
schedule future meetings and assignments on the Board’s activity calendar.
N. Closed Sessions are strictly limited to the open meeting exceptions as defined in
the Ralph M. Brown Act. At times, during Board meetings, the Board may adjourn
into Closed Session to discuss personnel matters, real estate negotiations, existing
or anticipated litigation or other matters as specified in the exceptions set forth in
the Brown Act. Appropriate agenda descriptions are also required for Closed
Session items.
O. A motion to adjourn must be moved by a Director and seconded by another
Director, and is subject to debate. No further business can be conducted after an
affirmative vote to adjourn.
P. The Board may adjourn any regular or adjourned regular meeting to a time and
place specified in the motion of adjournment so approved by the Board.
12.0 BOARD MEETINGS, MINUTES
12.1 The Secretary shall keep minutes of all Board meetings. Minutes are to record actions
taken and meaningful discussion; they are not intended to be verbatim records. Members
of the public requesting information about a meeting shall be encouraged to listen to the
audio recording made of each meeting. Draft minutes shall be distributed to the Board
for review and approval at the next regular meeting or as soon as possible thereafter.
Minutes may be approved as part of the Consent Calendar.
12.2 The official minutes of all Board meetings shall be kept in a fire-proof vault or in fire-
resistant locked cabinets at the District’s Administration office. An audio recording shall
be made of all regular Board meetings, including public hearings, and retained for 30 days
following the date the meeting minutes are approved by a majority vote of the Board.
Video recordings of all regular Board meetings or public hearings shall be retained for a
minimum of 30 days following the date of the meeting.
27
13.0 BOARD MEETINGS, CONDUCT
13.1 Guidelines for Discussion
These guidelines are intended primarily for those situations where discussion of an issue
is taken up with considerable enthusiasm by several Directors and/or members of the
general public, and it is necessary to formalize the meeting so that each Director, in due
course, may be heard.
A. The Presiding Officer shall decide, subject to a question of order by any Director,
the degree of enforcement of these guidelines at any time during any meeting.
B. The Board prefers a flexible form of meeting, believing that this enhances the
decision-making process and therefore does not conduct its meetings with formal
“rules of order” or parliamentary procedure. The Presiding Officer for each meeting
has the responsibility to preserve order and decorum. If at any time, a Director
believes order is not being maintained or that procedures being followed are not
adequate for the decision-making process at hand, he/she shall call this fact to the
attention of the Presiding Officer and request corrective action. If the corrective
action taken by the Presiding Officer is not satisfactory, a motion for specific
corrective action may be made to the Board. In that event, a majority vote of the
Board shall determine the action to be taken.
C. A Director is disqualified from participating in the decision-making process if a
financial interest in an item before the Board might interfere with the performance
of duties in an impartial manner free from bias, as defined in Section 4.0 herein. If
grounds for disqualification exist, the Director at issue shall announce prior to
consideration of the matter that he/she has a conflict of interest (see Exhibit B),
publicly identify the interest that gives rise to the conflict or potential conflict in
sufficient detail to be understood by the public, recuse themselves from discussing
and voting on the matter, and then leave the room until after the discussion, vote,
and any other disposition of the matter is concluded. The Director shall not be
counted toward achieving a quorum while the item is discussed. This rule applies
when the item that gives rise to the disqualification is on the Consent Calendar
except the Director at issue is not required to leave the room. Any Director unsure
about whether a conflict of interest exists may request an opinion from legal
counsel.
D. The Presiding Officer may move, second or debate motions from the chair, subject
only to such limitations of debate as may be imposed on all Directors, and shall
not be deprived of any of the rights and privileges of a Director by serving as the
Presiding Officer. The Presiding Officer may vote on all questions or motions
before the Board, with his/her name being called last in a roll call vote.
E. Any Director desiring to speak shall first address the chair. Upon recognition by
the Presiding Officer, the Director may speak freely with respect to the matter then
before the Board but shall confine his/her comments to the subject under
discussion. Any Director, once recognized, shall not be interrupted except by a
call to order from the Presiding Officer. If a Director is called to order, he/she shall
cease speaking until the question or order is determined; if determined to be in
order, they may proceed.
28
F. Any Director moving the adoption or approval of a matter may call for the question.
G. True motions to reconsider any Board action must be made at the same meeting
at which the original action was taken; however, any Director may make any other
type of motion at any meeting.
H. All motions shall be adopted by voice vote unless otherwise required by law. The
Secretary shall record in the Minutes any dissenting and abstaining votes, or
disqualification from voting due to a conflict of interest.
I. Unless a Director declares a conflict of interest or abstains, silence shall be
recorded in the Minutes as an affirmative vote.
J. The Secretary shall enter into the Minutes for each meeting a record of all Board
actions and a summary of the discussion on each matter considered by the Board.
K. Any person desiring to speak shall first address the chair. Upon recognition by the
Presiding Officer, the speaker shall state his/her name, representation and/or
affiliation and the matter on which he/she wishes to comment. If the matter relates
to an item on the current agenda, the Presiding Officer shall recognize the person
and invite their comment when the item is considered. If the matter does not relate
to an item on the current agenda, the Presiding Officer shall determine whether
and when to allow the comment. Comments are limited to matters of public interest
within the jurisdiction of the District, and comments must be no more than three
minutes in length unless a time extension is granted by the Presiding Officer. A
maximum of 20 minutes shall be allotted for each subject matter pursuant to the
discretion of the Presiding Officer. No action shall be taken on matters not
appearing on the posted agenda for that meeting, although Directors may respond
briefly to public comments.
L. In the event any person or group of people makes personal, impertinent or
slanderous remarks or becomes boisterous while attending a District Board
meeting, the Presiding Officer shall call for order. If the person or group refuses
to comply with the Presiding Officer’s request for order, the Presiding Officer may
declare a recess and summon a law enforcement officer to remove the person(s)
from the room. Once the Presiding Officer takes this action, permission for such
person(s) to remain at the meeting requires a motion approved by a majority vote
of the Board. When, in the judgment of the Presiding Officer, order is restored, the
meeting shall reconvene and continue with the Board’s business.
14.0 BOARD ACTIONS AND DECISIONS
14.1 The Board shall act only by Ordinance, Resolution or Motion. The Presiding Officer shall
state each matter as it is presented for consideration by the Board and shall announce
each decision of the Board.
14.2 Ordinances are an authoritative decree or municipal regulation of the District. Ordinances
shall relate to no more than one subject, which shall be clearly expressed in the title of
the ordinance. No ordinance, or section thereof, shall be amended or repealed unless
the new ordinances contains the title of the ordinance or section amended or repealed.
29
When applicable, ordinances shall be identified to the Board as replacements to existing
ordinances or sections thereof. Ordinances must be moved and seconded and shall be
adopted only by a roll call vote. The Secretary shall record the names of all Directors and
identify them as voting Aye, No, Abstain, or Absent on each adopted ordinance. All
ordinances shall be signed by the Presiding Officer and attested by the Secretary.
Ordinances shall be in full force and effect upon adoption unless otherwise provided by
law, and the Secretary shall be responsible for compliance with any and all legal
requirements for publication of the ordinance.
14.3 Resolutions are a formal expression of opinion, will or intent of the Board. Resolutions
must be moved and seconded and shall be adopted only by a roll call vote. The Secretary
shall record names of all Directors and identify them as voting Aye, No, Abstain, or Absent
on each adopted resolution. All resolutions shall be signed by the Presiding Officer and
attested by the Secretary.
14.4 Motions are proposals, made by a Director during a Board meeting, for action, inclination
of the mind or will, or a formal proposal made in a deliberative manner by the Board.
Every motion considered by the Board must be moved by a Director, seconded by another
Director and is subject to debate.
14.5 Except where action is taken by the unanimous vote of all Directors present and voting,
the Secretary shall record the names of all Directors and identify them as voting Aye, No,
Abstain or Absent upon the passage of all ordinances, resolutions, or motions and enter
them upon the Minutes of the Board.
15.0 EXHIBITS AND APPENDIXES
Exhibits
A. Acknowledgement
B. Sample Conflict of Interest Declarations
C. Activity Report and Compensation Form
D. Travel Expense Reimbursement Form
E. Meeting and Mileage Expense Reimbursement Form
F. Missing Receipt Affidavit Form
G. Miscellaneous Gratuities Form
H. Communications Expense Reimbursement Form
Appendixes
1. Setting Compensation for Members of the Board (Ord. 03-01)
YORBA LINDA WATER DISTRICT
Acknowledgement Form
By signing below, the Director hereby acknowledges and agrees that he/she:
a) Has read this manual and understands its expectations;
b) Will comply with all local, state, and federal laws and regulations is an inherent quality of
ethical behavior;
c) Pledges to uphold a standard of integrity and competence beyond that required by law;
d) Will treat all persons, claims and transactions in a fair and equitable manner; and
e) Fully understands they are subject to the Board’s admonition, sanction and censure,
depending on their ability to exemplify the ethical and professional behavior promoted by this
manual.
Director’s Name (Printed): Date:
________________________________________
Director’s Signature:
________________________________________
Distribution: Original to Personnel File
Copy: Director
Exhibit A
YORBA LINDA WATER DISTRICT
Sample Conflict of Interest Declarations
Generally, a Board member has a financial interest in a matter if it is reasonably foreseeable that the
Board’s decision would have a material financial effect (as defined by the Fair Political Practices
Commission regulations) that is distinguishable from its effect on the public generally, on the official, a
member of his/her immediate family, or on any of the following:
•A business entity in which the Board member has a direct or indirect investment worth $2,000 or more;
•A business entity in which the Board member holds a position as a director, officer, partner, trustee,
employee, or holds any position of management;
•A source of income (except gifts or loans by a commercial lending institution made in the regular course
of business on terms available to the public without regard to official status), aggregating $500 or more
in value provided, promised to, or received by, the Board member within 12 months prior to the time a
decision is made;
•A source of gifts to the Board member amounting to the annual gift limit or more within 12 months prior
to the time a decision is made; and
•Real property in which the Board member has a direct or indirect interest worth $2,000 or more.
Below are some sample conflict of interest declarations as provided by the District’s legal counsel:
1.Decision affects business entity in which a Director has an investment:
I declare that I have a conflict of interest on Agenda Item No. because I have an investment
in Name of Company .
2.Decision affects business entity in which a Director holds a position:
I declare that I have a conflict of interest on Agenda Item No. because I hold a position at
Name of Company , a business that Description of Business Activities .
3.Decision affects a source of income/gift:
I declare that I have a conflict of interest on Agenda Item No. because I have received
income or a gift from Name of Source .
4.Decision affects real property in which the Director has a direct/indirect interest:
I declare that I have a conflict of interest on Agenda Item No. because I own real property,
located at Location which may be affected. NOTE: If subject property is the Director’s
primary residence simply state that “the property is a residence”.
5.Decision related to Closed Session agenda item:
I recuse myself from participating in Agenda Item No. due to a conflict of interest under
Government Code Section 87100.
Exhibit B
YORBA LINDA WATER DISTRICT
Directors Activity Report and Compensation Form
Name (Printed): NOTE: Rate is $150.00 per day.
Month:
Date Meeting Description Code Rate
Total Compensation Amount: $
Director’s Signature: Date:
R = Regular Mtg | S = Special Mtg | C = Committee Mtg | O = Other Mtg
Fax to 714-701-3028 or scan and e-mail to the Executive Secretary.
Exhibit C
Page 1 of 2
Original itemized receipts and
Name:corresponding route maps must be attached.
Conference Name:
Destination/Location:
Purpose of Trip:
Departure Date:Return Date:
Travel Date Expense Paid Expense Paid Total Business
By YLWD By Director Expenses
Breakfast 0.00
Lunch 0.00
Dinner 0.00
Airfare 0.00
Lodging 0.00
Cab / Shuttle 0.00
Auto Rental 0.00
Fuel / Oil 0.00
Parking / Toll 0.00
Mileage 0.00
Misc / Tips 0.00
Conference Fee 0.00
Membership Fee 0.00
Total $0.00 0.00 0.00
$0.00
I hereby certify that the above expenditures represent cash spent for legitimate District business only and includes no personal items.
Director's Signature:Date:
Reviewer's Signature:Date:
Itemized Expenses
Total Due Director:
YORBA LINDA WATER DISTRICT
Travel Expense Reimbursement Form
Exhibit D
Page 2 of 2
Original itemized receipts and
Name:corresponding route maps must be attached.
Mileage Date Miles 0.54
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Total $0.00
Misc / Tips Date Amount
Total $0.00
YORBA LINDA WATER DISTRICT
Travel Expense Reimbursement Form
Destination
Description
Exhibit D
TOTAL EXPENSES:$0.00
Meeting and Mileage Expense Reimbursement Form
Name:
Month:Current Rate =0.54
Date Purpose Miles Meals Parking Other
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Total Miles:0
TOTALS:$0.00 $0.00 $0.00 $0.00
Director's Signature Date Original itemized receipts and corresponding
route maps must be attached.
Reviewer's Signature Date
YORBA LINDA WATER DISTRICT
Location
Exhibit E
YORBA LINDA WATER DISTRICT
Missing Receipt Affidavit Form
Please retain this form with the District’s financial records in case of an audit.
Name (Printed):
I certify that I made the purchase shown below for District purposes but do not have a receipt because
(check all that apply):
Vendor did not provide a detailed receipt.
I had a receipt but cannot locate it.
I have a receipt, but it is not readable (e.g. not in English and/or not legible). This document is provided
in order to describe the items purchased.
Order was placed via telephone, fax, or internet, and vendor has not supplied an invoice.
Vendor Name
City
Date of Purchase
Detailed Description of Purchase (Attach additional sheets if necessary.) Item Amount
Total Purchase Amount $
This document is in lieu of an invoice or receipt for this transaction. I certify that all items listed above
(and on the attached, if applicable) were purchased and received for District business.
Director’s Signature: Date:
NOTE: All information is required and must be typed or printed in ink. Use one affidavit per receipt.
Exhibit F
YORBA LINDA WATER DISTRICT
Miscellaneous Gratuities Form
Please retain this form with the District’s financial records in case of an audit.
Name (Printed):
Conference/Event Name:
The following gratuities were paid in cash and are directly related to my attendance at the above listed
conference/event:
Date Location Purpose Amount
Total Amount $
This document is in lieu of an invoice or receipt for this/these transaction(s). I certify that all items listed
above (and on the attached, if applicable) were for District business.
Signature: Date:
Exhibit G
YORBA LINDA WATER DISTRICT
Communications Expense Reimbursement Form
Director’s Name (Printed):
The purpose of this form is to identify and provide proof of purchase and original itemized receipts for
the reimbursement of Director incurred expenses for obtaining electronic equipment and related items
in order to receive and access agendas and other District information distributed to the Board via
electronic means.
NOTE: One hundred percent (100%) of the electronic equipment and approved itemized expenses
reimbursed shall be reported on the Director’s Form W-2 as taxable income.
Date Description Amount
Total Expenses: $
Less Paid by YLWD: $
Total Reimbursement Amount: $
I agree that all expenses submitted on this form are for District purposes only. I also agree that it is my
responsibility to provide proof of purchase and original itemized receipts along with this completed form
to the Finance Manager or the General Manager within 30 days of purchase.
Director’s Signature: Date:
Reviewer’s Signature: Date:
Exhibit H
Appendix 1
ORDINANCE NO. 03-01
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
SETTING COMPENSATION FOR MEMBERS
OF THE BOARD OF DIRECTORS
WHEREAS, The Yorba Linda Water District is organized and operates under authority of the
County Water District Act, Division 12, commencing with Section 30,000 of the
California Water Code; and
WHEREAS, Water Code Section 20202, permits water districts, as defined in Section 20200,
which includes the Yorba Linda Water District,to increase compensation of
members of the Board of Directors in an amount in excess of$100 per day for
each day's attendance at Board meetings or each day's service as a Director at
the Board's request, not to exceed ten day's per calendar month; and,
WHEREAS, the increase in compensation authorized pursuant to Section 20202 is limited to
five percent for each calendar year following the operative date of the last
adjustment; and
WHEREAS, the Board of Directors of the Yorba Linda Water District, by action taken in
February, 1991 set the daily compensation under Water Code Section 30507 at
$125 for Board and Board Committee meetings and $50 for other service
rendered at the request of the Board; and
WHEREAS, the Board of Directors of the Yorba Linda Water District has conducted a public
hearing upon notice pursuant to Government Code Section 6066 as required by
Water Code Section 20203.
NOW THEREFORE,the Board of Directors of the Yorba Linda Water District does hereby
find, declare, order and ordain as follows:
Section 1. The matters set forth in the recitals of this Ordinance are true and correct.
Section 2. Upon and after the effective date of this Ordinance, compensation for members
of the Board of Directors of the Yorba Linda Water District shall be $150 per
day for each day's attendance at meetings of the Board of Directors and other
meetings attended at the request of the Board of Directors. Compensation for
any type of service shall not exceed ten (10) days in any calendar month.
Members of the Board of Directors shall receive reimbursement or payment of
expenses, according to District rules, incurred in the performance of each
Director's duties required or authorized by the Board of Directors.
Appendix 1
Section 3. This Ordinance shall become effective sixty(60) days after its adoption.
PASSED AND ADOPTED this 23rd day of January, 2003 by the following called vote:
AYES: Beverage, Mills, Summerfield
NOES: Armstrong
ABSENT: Korn
ABSTAIN:
6?resident W. ummerh ld, , l
JEST
son,
Secretary
ITEM NO. 8.4
AGENDA REPORT
Meeting Date: July 28, 2016
To:Board of Directors
From:Marc Marcantonio, General
Manager
Presented By:Marc Marcantonio, General
Manager
Reviewed by Legal:Yes
Prepared By:Annie Alexander, Executive
Secretary
Subject:Sewer Charges Collected on Tax Roll for Fiscal Year 2016/17
SUMMARY:
This time of the year, the Board of Directors considers collecting certain sewer maintenance
charges on the County's property tax rolls.
STAFF RECOMMENDATION:
That the Board of Directors approve Resolution No. 16-13 Electing to Have Certain Sewer
Maintenance Charges Collected on the FY 2016/17 Tax Roll and Superseding Resolution No. 15-
17.
DISCUSSION:
The District collects the Sewer Maintenance Charge by adding it to the water bill of customers
where the District provides water service and the customer also has a connection to the sewer
system. For customers connected to the District sewer system that receive water service from
another purvey or those customers that do not receive a water bill from the District, the Sewer
Maintenance Charge is collected through the property tax rolls prepared by the County of Orange.
This process is legally authorized and established by Resolution of the Board.
Residents of the Locke Ranch area do not receive water service from the District, therefore their
Sewer Maintenance Charges are collected through the property tax roll.
The Sewer Maintenance Charges are subject to the substantive and procedural requirements of
Proposition 218 (California Constitution Article XIII D) barring an increase in the rates and/or
discretionary CPI increase of more that 5%, except with proper notifications to the property owners
affected allowing adequate opportunity to protest any such increases. To collect the current
maintenance charges on the property tax rolls for Fiscal Year 2016/17, the County of Orange
requires a certified Resolution by the Board of Directors directing their office to add the charges to
the property tax rolls for the properties assessed. In addition to the certified resolution, the County
is now requiring that all agencies sign and submit an "Agreement for Collection of Special Taxes,
Fees, Charges, and Assessments". The County establishes a deadline in August to receive this
information.
ATTACHMENTS:
Name:Description:Type:
Resolution_No._16-13_-
_Sewer_Maintenance_Charges.docx Resolution Resolution
Exhibit_A__2016_-_Tax_Roll_Assessment.xlsx Exhibit Exhibit
Resolution No. 16-13 Electing to Have Certain Sewer Maintenance Charges Collected on the FY 2016/17 Tax Roll 1
RESOLUTION NO. 16-13
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ELECTING TO HAVE CERTAIN SEWER MAINTENANCE CHARGES
COLLECTED ON THE FISCAL YEAR 2016/17 TAX ROLL
AND SUPERCEDING RESOLUTION 15-17
WHEREAS, Resolution No. 16-11 set out sewer rates for the Yorba Linda Water District
(“District”) in compliance with substantive and procedural requirements of
Proposition 218 (California Constitution Art. XIII D); and
WHEREAS, under the authority of the California Water Code Sections 31100 the District
may provide sewer service to property located outside the District
boundaries and the District’s Regulations for Rendition of Sanitary Sewer
Service include a provision that a sewer maintenance charge is adopted by
Resolution; and
WHEREAS, under authority of California Water Code Sections 31101 and 31102 the
District may prescribe and collect charges for sewer services and facilities
and may collect sewer charges in any lawful manner; and
WHEREAS, under California Health and Safety Code Sections 5471 and 5473 the
District may elect to have the County of Orange collect sewer charges on
the Orange County Property Tax Roll.
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
Section 1. The Board of Directors elects to have the County of Orange collect the
charges fixed herein on the tax roll in the same manner, by the same persons,
and at the same time and together with and not separately from County of
Orange taxes.
Resolution No. 16-13 Electing to Have Certain Sewer Maintenance Charges Collected on the FY 2016/17 Tax Roll 2
Section 2. The General Manager or his designee is authorized and directed to file with
the County of Orange a copy of this Resolution together with the listing of
parcel numbers and amounts of charges shown in Exhibit “A” and such other
documentation as the County may require in order to accomplish the
purposes of this Resolution.
Section 3. Resolution No. 15-17 is superseded effective immediately upon adoption of
this Resolution.
PASSED AND ADOPTED this 28th day of July 2016 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
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B9 34902304 77.04 812 B9 34904115 77.04 812 B9 34905220 308.16 812
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B9 34902402 77.04 812 B9 34904118 77.04 812 B9 34906101 77.04 812
B9 34902403 77.04 812 B9 34904119 77.04 812 B9 34906102 77.04 812
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B9 34902405 77.04 812 B9 34904121 77.04 812 B9 34906104 77.04 812
B9 34902406 77.04 812 B9 34904122 77.04 812 B9 34906105 77.04 812
B9 34902407 77.04 812 B9 34904123 77.04 812 B9 34906106 77.04 812
B9 34902408 77.04 812 B9 34904124 77.04 812 B9 34906107 77.04 812
B9 34902409 77.04 812 B9 34904125 77.04 812 B9 34906108 77.04 812
B9 34903101 77.04 812 B9 34904126 77.04 812 B9 34906109 77.04 812
B9 34903102 77.04 812 B9 34904127 77.04 812 B9 34906110 77.04 812
Yorba Linda Water District
2016-17 Sewer Assessment
Exhibit "A"
Yorba Linda Water District
2016-17 Sewer Assessment
Exhibit "A"
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B9 34906208 77.04 812 B9 34913202 77.04 812 B9 34914143 77.04 812
B9 34906209 77.04 812 B9 34913203 77.04 812 B9 34914144 77.04 812
B9 34907117 1078.56 812 B9 34913204 77.04 812 B9 34914145 77.04 812
B9 34907118 77.04 812 B9 34913205 77.04 812 B9 34914146 77.04 812
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B9 34909163 331.89 812 B9 34913208 77.04 812 B9 34914149 77.04 812
B9 34909167 466.90 812 B9 34913209 77.04 812 B9 34914150 77.04 812
B9 34912101 77.04 812 B9 34913210 77.04 812 B9 34914151 77.04 812
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B9 34912312 77.04 812 B9 34914114 77.04 812 B9 34915307 77.04 812
B9 34912313 77.04 812 B9 34914115 77.04 812 B9 34915308 77.04 812
B9 34912314 0.00 812 B9 34914116 77.04 812 B9 34915309 77.04 812
B9 34912316 77.04 812 B9 34914117 77.04 812 B9 34915311 77.04 812
B9 34915312 77.04 812 B9 34919235 77.04 812 B9 34928107 385.20 812
B9 34915313 77.04 812 B9 34919236 77.04 812 B9 34928108 77.04 812
Yorba Linda Water District
2016-17 Sewer Assessment
Exhibit "A"
B9 34915314 77.04 812 B9 34919237 77.04 812 B9 34928109 231.12 812
B9 34915315 77.04 812 B9 34919238 77.04 812 B9 34929101 77.04 812
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B9 34919104 77.04 812 B9 34925214 77.04 812 B9 34929136 77.04 812
B9 34919105 77.04 812 B9 34925215 77.04 812 B9 34929137 77.04 812
B9 34919106 77.04 812 B9 34925216 77.04 812 B9 34929138 77.04 812
B9 34919107 77.04 812 B9 34925217 77.04 812 B9 34929139 77.04 812
B9 34919108 77.04 812 B9 34925218 77.04 812 B9 34929140 77.04 812
B9 34919109 77.04 812 B9 34925301 77.04 812 B9 34929141 77.04 812
B9 34919110 77.04 812 B9 34925302 77.04 812 B9 34929142 77.04 812
B9 34919201 77.04 812 B9 34925303 77.04 812 B9 34929143 77.04 812
B9 34919202 77.04 812 B9 34925304 77.04 812 B9 34929144 77.04 812
B9 34919203 77.04 812 B9 34925305 77.04 812 B9 34929145 77.04 812
B9 34919204 77.04 812 B9 34925306 77.04 812 B9 34929146 77.04 812
B9 34919205 77.04 812 B9 34925307 77.04 812 B9 34929147 77.04 812
B9 34919206 77.04 812 B9 34925308 77.04 812 B9 34929148 77.04 812
B9 34919207 77.04 812 B9 34925309 77.04 812 B9 34929149 77.04 812
B9 34919208 77.04 812 B9 34925310 77.04 812 B9 34929150 77.04 812
B9 34919209 77.04 812 B9 34925311 77.04 812 B9 34929151 77.04 812
B9 34919210 77.04 812 B9 34925312 77.04 812 B9 34929152 77.04 812
B9 34919211 77.04 812 B9 34925313 77.04 812 B9 34929153 77.04 812
B9 34919212 77.04 812 B9 34925314 77.04 812 B9 34929155 77.04 812
B9 34919213 77.04 812 B9 34925315 77.04 812 B9 34929156 77.04 812
B9 34919214 77.04 812 B9 34925316 77.04 812 B9 34929157 77.04 812
B9 34919215 77.04 812 B9 34925317 77.04 812 B9 34929158 77.04 812
B9 34919216 77.04 812 B9 34925318 77.04 812 B9 34929159 77.04 812
B9 34919217 77.04 812 B9 34925319 77.04 812 B9 34929160 77.04 812
B9 34919218 77.04 812 B9 34925320 77.04 812 B9 34929161 77.04 812
B9 34919219 77.04 812 B9 34925321 77.04 812 B9 34929162 77.04 812
B9 34919220 77.04 812 B9 34925322 77.04 812 B9 34929163 77.04 812
B9 34919221 77.04 812 B9 34925323 77.04 812 B9 34929164 77.04 812
B9 34919222 77.04 812 B9 34925324 77.04 812 B9 34929165 77.04 812
B9 34919223 77.04 812 B9 34925325 77.04 812 B9 34929166 77.04 812
B9 34919224 77.04 812 B9 34925326 77.04 812 B9 34929167 77.04 812
B9 34919225 77.04 812 B9 34925327 77.04 812 B9 34929168 77.04 812
B9 34919226 77.04 812 B9 34925328 77.04 812 B9 34929169 77.04 812
B9 34919227 77.04 812 B9 34925329 77.04 812 B9 34929170 77.04 812
B9 34919228 77.04 812 B9 34925330 77.04 812 B9 34929171 77.04 812
B9 34919229 77.04 812 B9 34925331 77.04 812 B9 34929172 77.04 812
B9 34919230 77.04 812 B9 34928102 154.08 812 B9 34929173 77.04 812
B9 34919231 77.04 812 B9 34928103 77.04 812 B9 34929174 77.04 812
B9 34919232 77.04 812 B9 34928104 385.20 812 B9 34929175 77.04 812
B9 34919233 77.04 812 B9 34928105 77.04 812 B9 34929176 77.04 812
B9 34919234 77.04 812 B9 34928106 154.08 812 B9 34929177 77.04 812
B9 34929178 77.04 812 B9 34930325 77.04 812 B9 34932101 77.04 812
B9 34929179 77.04 812 B9 34930326 77.04 812 B9 34932102 77.04 812
B9 34929180 77.04 812 B9 34930327 77.04 812 B9 34932103 77.04 812
B9 34929181 77.04 812 B9 34930328 77.04 812 B9 34932104 77.04 812
Yorba Linda Water District
2016-17 Sewer Assessment
Exhibit "A"
B9 34929182 77.04 812 B9 34930329 77.04 812 B9 34932105 77.04 812
B9 34929183 77.04 812 B9 34930330 77.04 812 B9 34932106 77.04 812
B9 34929184 77.04 812 B9 34930331 77.04 812 B9 34932107 77.04 812
B9 34929185 77.04 812 B9 34930332 77.04 812 B9 34932108 77.04 812
B9 34929186 77.04 812 B9 34930333 77.04 812 B9 34932109 77.04 812
B9 34929187 77.04 812 B9 34931101 77.04 812 B9 34932110 77.04 812
B9 34929188 77.04 812 B9 34931102 77.04 812 B9 34932111 77.04 812
B9 34929189 77.04 812 B9 34931103 77.04 812 B9 34932112 77.04 812
B9 34929190 77.04 812 B9 34931104 77.04 812 B9 34932113 77.04 812
B9 34929191 77.04 812 B9 34931105 77.04 812 B9 34932114 77.04 812
B9 34929192 77.04 812 B9 34931106 77.04 812 B9 34932115 77.04 812
B9 34930101 77.04 812 B9 34931107 77.04 812 B9 34932116 77.04 812
B9 34930102 77.04 812 B9 34931108 77.04 812 B9 34932117 77.04 812
B9 34930103 77.04 812 B9 34931109 77.04 812 B9 34932118 77.04 812
B9 34930104 77.04 812 B9 34931110 77.04 812 B9 34932119 77.04 812
B9 34930105 77.04 812 B9 34931111 77.04 812 B9 34932120 77.04 812
B9 34930106 77.04 812 B9 34931112 77.04 812 B9 34932121 77.04 812
B9 34930107 77.04 812 B9 34931113 77.04 812 B9 34932122 77.04 812
B9 34930108 77.04 812 B9 34931114 77.04 812 B9 34932123 77.04 812
B9 34930109 77.04 812 B9 34931115 77.04 812 B9 34932202 77.04 812
B9 34930110 77.04 812 B9 34931116 77.04 812 B9 34932203 77.04 812
B9 34930201 77.04 812 B9 34931117 77.04 812 B9 34932204 77.04 812
B9 34930202 77.04 812 B9 34931118 77.04 812 B9 34932205 77.04 812
B9 34930203 77.04 812 B9 34931119 77.04 812 B9 34932206 77.04 812
B9 34930204 77.04 812 B9 34931120 77.04 812 B9 34932207 77.04 812
B9 34930205 77.04 812 B9 34931121 77.04 812 B9 34932208 77.04 812
B9 34930206 77.04 812 B9 34931122 77.04 812 B9 34932209 77.04 812
B9 34930207 77.04 812 B9 34931123 77.04 812 B9 34932210 77.04 812
B9 34930208 77.04 812 B9 34931124 77.04 812 B9 34932211 77.04 812
B9 34930209 77.04 812 B9 34931125 77.04 812 B9 34932212 77.04 812
B9 34930210 77.04 812 B9 34931126 77.04 812 B9 34932213 77.04 812
B9 34930211 77.04 812 B9 34931127 77.04 812 B9 34932301 77.04 812
B9 34930212 77.04 812 B9 34931128 77.04 812 B9 34932302 77.04 812
B9 34930213 77.04 812 B9 34931129 77.04 812 B9 34932303 77.04 812
B9 34930214 77.04 812 B9 34931130 77.04 812 B9 34932304 77.04 812
B9 34930215 77.04 812 B9 34931131 77.04 812 B9 34932305 77.04 812
B9 34930216 77.04 812 B9 34931132 77.04 812 B9 34932306 77.04 812
B9 34930217 77.04 812 B9 34931133 77.04 812 B9 34932307 77.04 812
B9 34930218 77.04 812 B9 34931134 77.04 812 B9 34932308 77.04 812
B9 34930219 77.04 812 B9 34931135 77.04 812 B9 34932309 77.04 812
B9 34930220 77.04 812 B9 34931201 77.04 812 B9 34932310 77.04 812
B9 34930221 77.04 812 B9 34931202 77.04 812 B9 34932311 77.04 812
B9 34930222 77.04 812 B9 34931203 77.04 812 B9 34932312 77.04 812
B9 34930223 77.04 812 B9 34931204 77.04 812 B9 34932313 77.04 812
B9 34930224 77.04 812 B9 34931205 77.04 812 B9 34932314 77.04 812
B9 34930225 77.04 812 B9 34931206 77.04 812 B9 34932315 77.04 812
B9 34930226 77.04 812 B9 34931301 77.04 812 B9 34932316 77.04 812
B9 34930227 77.04 812 B9 34931302 77.04 812 B9 34932317 77.04 812
B9 34930228 77.04 812 B9 34931303 77.04 812 B9 34932318 77.04 812
B9 34930229 77.04 812 B9 34931304 77.04 812 B9 34932319 77.04 812
B9 34930230 77.04 812 B9 34931306 77.04 812 B9 34932320 77.04 812
B9 34930301 77.04 812 B9 34931307 77.04 812 B9 34935101 77.04 812
B9 34930302 77.04 812 B9 34931308 77.04 812 B9 34935102 77.04 812
B9 34930303 77.04 812 B9 34931309 77.04 812 B9 34935103 77.04 812
B9 34930304 77.04 812 B9 34931311 77.04 812 B9 34935104 77.04 812
B9 34930305 77.04 812 B9 34931312 77.04 812 B9 34935105 77.04 812
B9 34930306 77.04 812 B9 34931313 77.04 812 B9 34935106 77.04 812
B9 34930307 77.04 812 B9 34931314 77.04 812 B9 34935107 77.04 812
B9 34930308 77.04 812 B9 34931315 77.04 812 B9 34935108 77.04 812
B9 34930309 77.04 812 B9 34931316 77.04 812 B9 34935109 77.04 812
B9 34930310 77.04 812 B9 34931317 77.04 812 B9 34935110 77.04 812
B9 34930311 77.04 812 B9 34931401 77.04 812 B9 34935111 77.04 812
B9 34930312 77.04 812 B9 34931402 77.04 812 B9 34935112 77.04 812
B9 34930313 77.04 812 B9 34931403 77.04 812 B9 34935113 77.04 812
B9 34930314 77.04 812 B9 34931404 77.04 812 B9 34935201 77.04 812
B9 34930315 77.04 812 B9 34931405 77.04 812 B9 34935202 77.04 812
B9 34930316 77.04 812 B9 34931406 77.04 812 B9 34935203 77.04 812
B9 34930317 77.04 812 B9 34931407 77.04 812 B9 34935204 77.04 812
B9 34930318 77.04 812 B9 34931409 77.04 812 B9 34935301 77.04 812
B9 34930319 77.04 812 B9 34931410 77.04 812 B9 34935302 77.04 812
B9 34930320 77.04 812 B9 34931411 77.04 812 B9 34935303 77.04 812
B9 34930321 77.04 812 B9 34931412 77.04 812 B9 34935305 77.04 812
B9 34930322 77.04 812 B9 34931413 77.04 812 B9 34935306 77.04 812
B9 34930323 77.04 812 B9 34931414 77.04 812 B9 34935307 77.04 812
B9 34930324 77.04 812 B9 34931415 77.04 812 B9 34935308 77.04 812
B9 34935309 77.04 812 B9 34937120 77.04 812 B9 34944113 77.04 812
B9 34935310 77.04 812 B9 34937121 77.04 812 B9 34944114 77.04 812
B9 34935311 77.04 812 B9 34937122 77.04 812 B9 34944115 77.04 812
B9 34935312 77.04 812 B9 34937123 77.04 812 B9 34944116 77.04 812
B9 34935313 77.04 812 B9 34937124 77.04 812 B9 34944117 77.04 812
B9 34935314 77.04 812 B9 34937125 77.04 812 B9 34944118 77.04 812
Yorba Linda Water District
2016-17 Sewer Assessment
Exhibit "A"
B9 34935315 77.04 812 B9 34937126 77.04 812 B9 34944119 77.04 812
B9 34935316 77.04 812 B9 34937127 77.04 812 B9 34944120 77.04 812
B9 34935317 77.04 812 B9 34937128 77.04 812 B9 34944121 77.04 812
B9 34935318 77.04 812 B9 34937129 77.04 812 B9 34944122 77.04 812
B9 34935319 77.04 812 B9 34937130 77.04 812 B9 34944123 77.04 812
B9 34935320 77.04 812 B9 34937131 77.04 812 B9 34944124 77.04 812
B9 34935321 77.04 812 B9 34937132 77.04 812 B9 34944125 77.04 812
B9 34935322 77.04 812 B9 34937133 77.04 812 B9 34944126 77.04 812
B9 34935323 77.04 812 B9 34937134 77.04 812 B9 34944127 77.04 812
B9 34935324 77.04 812 B9 34937135 77.04 812 B9 34944128 77.04 812
B9 34935325 77.04 812 B9 34937136 77.04 812 B9 34944129 77.04 812
B9 34935326 77.04 812 B9 34937137 77.04 812 B9 34944130 77.04 812
B9 34935327 77.04 812 B9 34937138 77.04 812 B9 34944131 77.04 812
B9 34935328 77.04 812 B9 34937139 77.04 812 B9 34944132 77.04 812
B9 34935329 77.04 812 B9 34937140 77.04 812 B9 34944133 77.04 812
B9 34935330 77.04 812 B9 34937201 77.04 812 B9 34944134 77.04 812
B9 34935331 77.04 812 B9 34937202 77.04 812 B9 34944135 77.04 812
B9 34935332 77.04 812 B9 34937203 77.04 812 B9 34944136 77.04 812
B9 34935333 77.04 812 B9 34937204 77.04 812 B9 34944137 77.04 812
B9 34935334 77.04 812 B9 34937205 77.04 812 B9 34944138 77.04 812
B9 34935335 77.04 812 B9 34937206 77.04 812 B9 34944139 77.04 812
B9 34935336 77.04 812 B9 34937207 77.04 812 B9 34944140 77.04 812
B9 34935337 77.04 812 B9 34937208 77.04 812 B9 34944141 77.04 812
B9 34935338 77.04 812 B9 34937209 77.04 812 B9 34944142 77.04 812
B9 34935401 77.04 812 B9 34937210 77.04 812 B9 34944143 77.04 812
B9 34935402 77.04 812 B9 34937211 77.04 812 B9 34944144 77.04 812
B9 34935403 77.04 812 B9 34937212 77.04 812 B9 34944145 77.04 812
B9 34935404 77.04 812 B9 34937301 77.04 812 B9 34944146 77.04 812
B9 34935405 77.04 812 B9 34937302 77.04 812 B9 34944147 77.04 812
B9 34935406 77.04 812 B9 34937303 77.04 812 B9 34944148 77.04 812
B9 34935407 77.04 812 B9 34937401 77.04 812 B9 34944149 77.04 812
B9 34935408 77.04 812 B9 34937402 77.04 812 B9 34944150 77.04 812
B9 34935409 77.04 812 B9 34937403 77.04 812 B9 34944151 77.04 812
B9 34935410 77.04 812 B9 34937404 77.04 812 B9 34944152 77.04 812
B9 34936101 77.04 812 B9 34939101 77.04 812 B9 34944153 77.04 812
B9 34936102 77.04 812 B9 34939102 77.04 812 B9 34944154 77.04 812
B9 34936104 77.04 812 B9 34939103 77.04 812 B9 34944155 77.04 812
B9 34936105 77.04 812 B9 34939104 77.04 812 B9 34944156 77.04 812
B9 34936106 77.04 812 B9 34939105 77.04 812 B9 34944157 77.04 812
B9 34936107 77.04 812 B9 34939106 77.04 812 B9 34944158 77.04 812
B9 34936108 77.04 812 B9 34939107 77.04 812 B9 34944159 77.04 812
B9 34936109 77.04 812 B9 34939108 77.04 812 B9 34944160 77.04 812
B9 34936110 77.04 812 B9 34939109 77.04 812 B9 34944161 77.04 812
B9 34936111 77.04 812 B9 34939110 77.04 812 B9 34944162 77.04 812
B9 34936201 77.04 812 B9 34939111 77.04 812 B9 34944201 77.04 812
B9 34936202 77.04 812 B9 34939112 77.04 812 B9 34944202 77.04 812
B9 34936203 77.04 812 B9 34939113 77.04 812 B9 34944203 77.04 812
B9 34936204 77.04 812 B9 34939114 77.04 812 B9 34944204 77.04 812
B9 34936205 77.04 812 B9 34939115 77.04 812 B9 34944205 77.04 812
B9 34936206 77.04 812 B9 34939116 77.04 812 B9 34944206 77.04 812
B9 34936207 77.04 812 B9 34939117 77.04 812 B9 34944207 77.04 812
B9 34936208 77.04 812 B9 34939118 77.04 812 B9 34944208 77.04 812
B9 34936209 77.04 812 B9 34939119 77.04 812 B9 34944209 77.04 812
B9 34936210 77.04 812 B9 34939120 77.04 812 B9 34944210 77.04 812
B9 34937101 77.04 812 B9 34939121 77.04 812 B9 34944211 77.04 812
B9 34937102 77.04 812 B9 34939122 77.04 812 B9 34944212 77.04 812
B9 34937103 77.04 812 B9 34939123 77.04 812 B9 34944213 77.04 812
B9 34937104 77.04 812 B9 34939124 77.04 812 B9 34944214 77.04 812
B9 34937105 77.04 812 B9 34939125 77.04 812 B9 34944215 77.04 812
B9 34937106 77.04 812 B9 34939126 77.04 812 B9 34944216 77.04 812
B9 34937107 77.04 812 B9 34939127 77.04 812 B9 34944217 77.04 812
B9 34937108 77.04 812 B9 34944101 77.04 812 B9 34944218 77.04 812
B9 34937109 77.04 812 B9 34944102 77.04 812 B9 34944219 77.04 812
B9 34937110 77.04 812 B9 34944103 77.04 812 B9 34944220 77.04 812
B9 34937111 77.04 812 B9 34944104 77.04 812 B9 34944221 77.04 812
B9 34937112 77.04 812 B9 34944105 77.04 812 B9 34944222 77.04 812
B9 34937113 77.04 812 B9 34944106 77.04 812 B9 34944223 77.04 812
B9 34937114 77.04 812 B9 34944107 77.04 812 B9 34944224 77.04 812
B9 34937115 77.04 812 B9 34944108 77.04 812 B9 34944225 77.04 812
B9 34937116 77.04 812 B9 34944109 77.04 812 B9 34944226 77.04 812
B9 34937117 77.04 812 B9 34944110 77.04 812 B9 34944227 77.04 812
B9 34937118 77.04 812 B9 34944111 77.04 812 B9 34944228 77.04 812
B9 34937119 77.04 812 B9 34944112 77.04 812 B9 34944229 77.04 812
B9 34944230 77.04 812 B9 34944345 77.04 812 B9 34969342 77.04 812
B9 34944231 77.04 812 B9 34944346 77.04 812 B9 34969345 77.04 812
B9 34944232 77.04 812 B9 34944347 77.04 812 B9 34969347 77.04 812
B9 34944233 77.04 812 B9 34944348 77.04 812 B9 34989201 77.04 812
B9 34944234 77.04 812 B9 34944349 77.04 812 B9 34989202 77.04 812
B9 34944235 77.04 812 B9 34944350 77.04 812 B9 34989203 77.04 812
B9 34944236 77.04 812 B9 34944351 77.04 812 B9 34989204 77.04 812
B9 34944237 77.04 812 B9 34944352 77.04 812 B9 34989205 77.04 812
Yorba Linda Water District
2016-17 Sewer Assessment
Exhibit "A"
B9 34944238 77.04 812 B9 34944353 77.04 812 B9 34989206 77.04 812
B9 34944239 77.04 812 B9 34944354 77.04 812 B9 34989207 77.04 812
B9 34944240 77.04 812 B9 34944355 77.04 812 B9 34989208 77.04 812
B9 34944241 77.04 812 B9 34944356 77.04 812 B9 34989209 77.04 812
B9 34944242 77.04 812 B9 34944357 77.04 812 B9 34989210 77.04 812
B9 34944243 77.04 812 B9 34944358 77.04 812 B9 34989211 77.04 812
B9 34944244 77.04 812 B9 34944359 77.04 812 B9 34989212 77.04 812
B9 34944245 77.04 812 B9 34944360 77.04 812 B9 34989213 77.04 812
B9 34944246 77.04 812 B9 34944361 77.04 812 B9 34989214 77.04 812
B9 34944247 77.04 812 B9 34944362 77.04 812 B9 34989215 77.04 812
B9 34944248 77.04 812 B9 34944363 77.04 812 B9 34989216 77.04 812
B9 34944249 77.04 812 B9 34944364 77.04 812 B9 34989217 77.04 812
B9 34944250 77.04 812 B9 34944365 77.04 812 B9 34989218 77.04 812
B9 34944251 77.04 812 B9 34944366 77.04 812 B9 34989219 77.04 812
B9 34944252 77.04 812 B9 34944367 77.04 812 B9 34989220 77.04 812
B9 34944253 77.04 812 B9 34944368 77.04 812 B9 34989221 77.04 812
B9 34944254 77.04 812 B9 34944369 77.04 812 B9 34989222 77.04 812
B9 34944255 77.04 812 B9 34944370 77.04 812 B9 34989223 77.04 812
B9 34944256 77.04 812 B9 34944371 77.04 812 B9 34989224 77.04 812
B9 34944257 77.04 812 B9 34944372 77.04 812 B9 34989225 77.04 812
B9 34944258 77.04 812 B9 34969202 77.04 812 B9 34989226 77.04 812
B9 34944259 77.04 812 B9 34969203 77.04 812 B9 34989227 77.04 812
B9 34944260 77.04 812 B9 34969204 77.04 812 B9 34989228 77.04 812
B9 34944261 77.04 812 B9 34969205 77.04 812 B9 34989229 77.04 812
B9 34944262 77.04 812 B9 34969206 77.04 812 B9 34989230 77.04 812
B9 34944263 77.04 812 B9 34969207 77.04 812 B9 34989231 77.04 812
B9 34944264 77.04 812 B9 34969208 77.04 812 B9 34989232 77.04 812
B9 34944265 77.04 812 B9 34969209 77.04 812 B9 34989233 77.04 812
B9 34944266 77.04 812 B9 34969210 77.04 812 B9 34989234 77.04 812
B9 34944267 77.04 812 B9 34969211 77.04 812 B9 34989235 77.04 812
B9 34944301 77.04 812 B9 34969212 77.04 812 B9 34989236 77.04 812
B9 34944302 77.04 812 B9 34969213 77.04 812 B9 34989237 77.04 812
B9 34944303 77.04 812 B9 34969214 77.04 812 B9 34989238 77.04 812
B9 34944304 77.04 812 B9 34969215 77.04 812 B9 34989239 77.04 812
B9 34944305 77.04 812 B9 34969216 77.04 812 B9 34989240 77.04 812
B9 34944306 77.04 812 B9 34969217 77.04 812 B9 34989241 77.04 812
B9 34944307 77.04 812 B9 34969218 77.04 812 B9 34989242 77.04 812
B9 34944308 77.04 812 B9 34969219 77.04 812 B9 34989243 77.04 812
B9 34944309 77.04 812 B9 34969220 77.04 812 B9 34989244 77.04 812
B9 34944310 77.04 812 B9 34969221 77.04 812 B9 34989245 77.04 812
B9 34944311 77.04 812 B9 34969222 77.04 812 B9 34989246 77.04 812
B9 34944312 77.04 812 B9 34969223 77.04 812 B9 34989247 77.04 812
B9 34944313 77.04 812 B9 34969224 77.04 812 B9 34989248 77.04 812
B9 34944314 77.04 812 B9 34969225 77.04 812 B9 34989301 77.04 812
B9 34944315 77.04 812 B9 34969226 77.04 812 B9 34989302 77.04 812
B9 34944316 77.04 812 B9 34969227 77.04 812 B9 34989303 77.04 812
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B9 34944319 77.04 812 B9 34969230 77.04 812 B9 34989306 77.04 812
B9 34944320 77.04 812 B9 34969302 77.04 812 B9 34989307 77.04 812
B9 34944321 77.04 812 B9 34969304 77.04 812 B9 34989308 77.04 812
B9 34944322 77.04 812 B9 34969306 77.04 812 B9 34989309 77.04 812
B9 34944323 77.04 812 B9 34969308 77.04 812 B9 34989310 77.04 812
B9 34944324 77.04 812 B9 34969310 77.04 812 B9 34989311 77.04 812
B9 34944325 77.04 812 B9 34969312 77.04 812 B9 34989312 77.04 812
B9 34944326 77.04 812 B9 34969314 77.04 812 B9 34989313 77.04 812
B9 34944327 77.04 812 B9 34969317 77.04 812 B9 34989314 77.04 812
B9 34944328 77.04 812 B9 34969318 77.04 812 B9 34989315 77.04 812
B9 34944329 77.04 812 B9 34969319 77.04 812 B9 34989316 77.04 812
B9 34944330 77.04 812 B9 34969321 77.04 812 B9 34989317 77.04 812
B9 34944331 77.04 812 B9 34969322 77.04 812 B9 34989318 77.04 812
B9 34944332 77.04 812 B9 34969323 77.04 812 B9 34989319 77.04 812
B9 34944333 77.04 812 B9 34969326 77.04 812 B9 34989320 77.04 812
B9 34944334 77.04 812 B9 34969327 77.04 812 B9 34989321 77.04 812
B9 34944335 77.04 812 B9 34969328 77.04 812 B9 34989322 77.04 812
B9 34944336 77.04 812 B9 34969329 77.04 812 B9 34989323 77.04 812
B9 34944337 77.04 812 B9 34969330 77.04 812 B9 34989324 77.04 812
B9 34944338 77.04 812 B9 34969331 77.04 812 B9 34989325 77.04 812
B9 34944339 77.04 812 B9 34969332 77.04 812 B9 34989326 77.04 812
B9 34944340 77.04 812 B9 34969333 77.04 812 B9 34989327 77.04 812
B9 34944344 77.04 812 B9 34969334 77.04 812 B9 34989328 77.04 812
B9 34989329 77.04 812 B9 34989502 77.04 812 B9 35211507 248.42 812
B9 34989330 77.04 812 B9 34989503 77.04 812 B9 35211508 195.35 812
B9 34989331 77.04 812 B9 34989504 77.04 812 B9 35211511 123.76 812
B9 34989332 77.04 812 B9 34989505 77.04 812 B9 35211513 137.38 812
B9 34989333 77.04 812 B9 34989506 77.04 812 B9 35211515 121.38 812
B9 34989334 77.04 812 B9 34989507 77.04 812 B9 35211516 145.46 812
B9 34989335 77.04 812 B9 34989508 77.04 812 B9 35211614 125.18 812
B9 34989336 77.04 812 B9 34989509 77.04 812 B9 35211623 197.73 812
B9 34989337 77.04 812 B9 34989510 77.04 812 B9 35211701 197.73 812
B9 34989338 77.04 812 B9 34989511 77.04 812 B9 35211703 408.95 812
Yorba Linda Water District
2016-17 Sewer Assessment
Exhibit "A"
B9 34989339 77.04 812 B9 34989512 77.04 812 B9 35211704 501.86 812
B9 34989340 77.04 812 B9 34989513 77.04 812 B9 35211705 336.49 812
B9 34989341 77.04 812 B9 34989514 77.04 812 B9 35211706 442.93 812
B9 34989342 77.04 812 B9 34989515 77.04 812 B9 35211707 97.84 812
B9 34989343 77.04 812 B9 34989516 77.04 812 B9 35211708 1291.26 812
B9 34989344 77.04 812 B9 34989517 77.04 812 B9 35211709 572.50 812
B9 34989345 77.04 812 B9 34989518 77.04 812 B9 35211711 124.23 812
B9 34989346 77.04 812 B9 34989519 77.04 812 B9 35211712 1655.13 812
B9 34989347 77.04 812 B9 34989520 77.04 812 B9 35212108 1590.76 812
B9 34989348 77.04 812 B9 34989521 77.04 812 B9 35213103 614.88 812
B9 34989349 77.04 812 B9 34989522 77.04 812 B9 35213105 36.89 812
B9 34989401 77.04 812 B9 34989523 77.04 812 B9 35213106 50.19 812
B9 34989402 77.04 812 B9 34989524 77.04 812 B9 35213109 135.95 812
B9 34989403 77.04 812 B9 34989525 77.04 812 B9 35213110 32.93 812
B9 34989404 77.04 812 B9 34989526 77.04 812 B9 35213111 30.87 812
B9 34989405 77.04 812 B9 34989527 77.04 812 B9 35213112 35.14 812
B9 34989406 77.04 812 B9 34989528 77.04 812 B9 35213113 32.93 812
B9 34989407 77.04 812 B9 34989529 77.04 812 B9 35213114 80.11 812
B9 34989408 77.04 812 B9 34989530 77.04 812 B9 35214101 133.10 812
B9 34989409 77.04 812 B9 34989531 77.04 812 B9 35214107 136.56 812
B9 34989410 77.04 812 B9 34989532 77.04 812 B9 35214115 280.41 812
B9 34989411 77.04 812 B9 34989533 77.04 812 B9 35214117 38.94 812
B9 34989412 77.04 812 B9 34989534 77.04 812 B9 35214118 79.68 812
B9 34989413 77.04 812 B9 34989535 77.04 812 B9 35214119 30.55 812
B9 34989414 77.04 812 B9 34989536 77.04 812 B9 35214120 39.90 812
B9 34989415 77.04 812 B9 34989537 77.04 812 B9 35214121 399.04 812
B9 34989416 77.04 812 B9 34989538 77.04 812 B9 35214122 38.79 812
B9 34989417 77.04 812 B9 34989539 77.04 812 B9 35214123 29.28 812
B9 34989418 77.04 812 B9 34989540 77.04 812 B9 35214124 158.45 812
B9 34989419 77.04 812 B9 34989541 77.04 812 B9 35214125 171.43 812
B9 34989420 77.04 812 B9 34989542 77.04 812 B9 35214126 92.80 812
B9 34989421 77.04 812 B9 34989543 77.04 812 B9 35214127 81.55 812
B9 34989422 77.04 812 B9 34989544 77.04 812 B9 35214128 148.74 812
B9 34989423 77.04 812 B9 34989545 77.04 812 B9 35214129 30.07 812
B9 34989424 77.04 812 B9 34989546 77.04 812 B9 35214130 28.17 812
B9 34989425 77.04 812 B9 34994162 121.02 812 B9 35215107 165.89 812
B9 34989426 77.04 812 B9 35104149 2641.20 812 B9 35215109 61.89 812
B9 34989427 77.04 812 B9 35104601 337.56 812 B9 35215110 51.46 812
B9 34989428 77.04 812 B9 35116203 45.73 812 B9 35215111 31.50 812
B9 34989429 77.04 812 B9 35122101 551.18 812 B9 35215113 37.99 812
B9 34989430 77.04 812 B9 35122103 0.00 812 B9 35215121 31.18 812
B9 34989431 77.04 812 B9 35150203 285.48 812 B9 35215125 33.40 812
B9 34989432 77.04 812 B9 35150204 167.47 812 B9 35215129 982.70 812
B9 34989433 77.04 812 B9 35150205 115.68 812 B9 35215130 32.93 812
B9 34989434 77.04 812 B9 35150206 206.60 812 B9 35215131 64.74 812
B9 34989435 77.04 812 B9 35150207 222.44 812 B9 35223101 166.37 812
B9 34989436 77.04 812 B9 35150208 621.70 812 B9 35223102 331.58 812
B9 34989437 77.04 812 B9 35150209 115.84 812 B9 35223103 99.17 812
B9 34989438 77.04 812 B9 35150210 107.44 812 B9 35223104 151.16 812
B9 34989439 77.04 812 B9 35150211 109.97 812 B9 35223105 72.71 812
B9 34989440 77.04 812 B9 35152101 0.00 812 B9 35223106 76.99 812
B9 34989441 77.04 812 B9 35158181 61.41 812 B9 35223107 454.50 812
B9 34989442 77.04 812 B9 35175112 384.89 812 B9 35223110 111.72 812
B9 34989443 77.04 812 B9 35175113 120.59 812 B9 35307109 370.43 812
B9 34989444 77.04 812 B9 35211147 1223.84 812 B9 35307112 396.09 812
B9 34989445 77.04 812 B9 35211160 1503.51 812 B9 35307114 84.21 812
B9 34989446 77.04 812 B9 35211161 781.96 812 B9 35307115 69.23 812
B9 34989447 77.04 812 B9 35211162 1662.43 812 B9 35307116 103.60 812
B9 34989448 77.04 812 B9 35211203 170.33 812 B9 35307117 211.79 812
B9 34989449 77.04 812 B9 35211204 259.66 812 B9 35307118 60.96 812
B9 34989450 77.04 812 B9 35211302 438.81 812 B9 35307119 29.44 812
B9 34989451 77.04 812 B9 35211406 246.67 812 B9 35307120 34.19 812
B9 34989452 77.04 812 B9 35211407 277.09 812 B9 35307121 247.13 812
B9 34989453 77.04 812 B9 35211408 666.05 812 B9 35307122 462.97 812
B9 34989454 77.04 812 B9 35211409 588.80 812 B9 35307123 51.30 812
B9 34989455 77.04 812 B9 35211411 363.57 812 B9 35307124 56.69 812
B9 34989456 77.04 812 B9 35211412 277.56 812 B9 35307125 31.34 812
B9 34989457 77.04 812 B9 35211413 230.52 812 B9 35307126 83.77 812
B9 34989501 77.04 812 B9 35211501 581.00 812 B9 35307127 170.96 812
B9 35307128 221.01 812 B9 93648284 77.04 812 B9 93648373 77.04 812
B9 35309104 127.56 812 B9 93648285 77.04 812 B9 93648379 77.04 812
B9 35309105 109.30 812 B9 93648286 77.04 812 B9 93648380 77.04 812
B9 35309106 1313.01 812 B9 93648287 77.04 812 B9 93648381 77.04 812
B9 35311115 8520.00 812 B9 93648288 77.04 812 B9 93648382 77.04 812
B9 35313108 167.00 812 B9 93648289 77.04 812 B9 93648383 77.04 812
B9 35313110 294.04 812 B9 93648290 77.04 812 B9 93648384 77.04 812
B9 35313111 4686.47 812 B9 93648291 77.04 812 B9 93648385 77.04 812
B9 35313112 150.84 812 B9 93648292 77.04 812 B9 93648386 77.04 812
B9 35316105 0.00 812 B9 93648293 77.04 812 B9 93648387 77.04 812
B9 35316155 0.00 812 B9 93648294 77.04 812 B9 93648388 77.04 812
B9 35334102 0.00 812 B9 93648295 77.04 812 B9 93648389 77.04 812
Yorba Linda Water District
2016-17 Sewer Assessment
Exhibit "A"
B9 93648212 77.04 812 B9 93648301 77.04 812 B9 93648390 77.04 812
B9 93648213 77.04 812 B9 93648302 77.04 812 B9 93648391 77.04 812
B9 93648214 77.04 812 B9 93648303 77.04 812 B9 93648392 77.04 812
B9 93648215 77.04 812 B9 93648304 77.04 812 B9 93648393 77.04 812
B9 93648216 77.04 812 B9 93648305 77.04 812 B9 93648394 77.04 812
B9 93648217 77.04 812 B9 93648306 77.04 812 B9 93648395 77.04 812
B9 93648218 77.04 812 B9 93648307 77.04 812 B9 93648396 77.04 812
B9 93648219 77.04 812 B9 93648308 77.04 812 B9 93648397 77.04 812
B9 93648220 77.04 812 B9 93648309 77.04 812 B9 93648398 77.04 812
B9 93648221 77.04 812 B9 93648310 77.04 812 B9 93648399 77.04 812
B9 93648222 77.04 812 B9 93648311 77.04 812 B9 93648400 77.04 812
B9 93648223 77.04 812 B9 93648312 77.04 812 B9 93648401 77.04 812
B9 93648224 77.04 812 B9 93648313 77.04 812 B9 93648402 77.04 812
B9 93648225 77.04 812 B9 93648314 77.04 812 B9 93648403 77.04 812
B9 93648226 77.04 812 B9 93648315 77.04 812 B9 93648404 77.04 812
B9 93648227 77.04 812 B9 93648316 77.04 812 B9 93648405 77.04 812
B9 93648228 77.04 812 B9 93648317 77.04 812 B9 93648406 77.04 812
B9 93648229 77.04 812 B9 93648318 77.04 812 B9 93648407 77.04 812
B9 93648230 77.04 812 B9 93648319 77.04 812 B9 93648408 77.04 812
B9 93648231 77.04 812 B9 93648320 77.04 812 B9 93648409 77.04 812
B9 93648232 77.04 812 B9 93648321 77.04 812 B9 93648410 77.04 812
B9 93648233 77.04 812 B9 93648322 77.04 812 B9 93648411 77.04 812
B9 93648234 77.04 812 B9 93648323 77.04 812 B9 93648412 77.04 812
B9 93648235 77.04 812 B9 93648324 77.04 812 B9 93648413 77.04 812
B9 93648236 77.04 812 B9 93648325 77.04 812 B9 93648414 77.04 812
B9 93648237 77.04 812 B9 93648326 77.04 812 B9 93648420 77.04 812
B9 93648238 77.04 812 B9 93648327 77.04 812 B9 93648421 77.04 812
B9 93648239 77.04 812 B9 93648328 77.04 812 B9 93648422 77.04 812
B9 93648240 77.04 812 B9 93648329 77.04 812 B9 93648423 77.04 812
B9 93648241 77.04 812 B9 93648330 77.04 812 B9 93648424 77.04 812
B9 93648242 77.04 812 B9 93648331 77.04 812 B9 93648425 77.04 812
B9 93648243 77.04 812 B9 93648332 77.04 812 B9 93648426 77.04 812
B9 93648244 77.04 812 B9 93648338 77.04 812 B9 93648427 77.04 812
B9 93648245 77.04 812 B9 93648339 77.04 812 B9 93648428 77.04 812
B9 93648246 77.04 812 B9 93648340 77.04 812 B9 93648429 77.04 812
B9 93648247 77.04 812 B9 93648341 77.04 812 B9 93648430 77.04 812
B9 93648248 77.04 812 B9 93648342 77.04 812 B9 93648431 77.04 812
B9 93648249 77.04 812 B9 93648343 77.04 812 B9 93648432 77.04 812
B9 93648250 77.04 812 B9 93648344 77.04 812 B9 93648433 77.04 812
B9 93648251 77.04 812 B9 93648345 77.04 812 B9 93648434 77.04 812
B9 93648252 77.04 812 B9 93648346 77.04 812 B9 93648435 77.04 812
B9 93648253 77.04 812 B9 93648347 77.04 812 B9 93648436 77.04 812
B9 93648254 77.04 812 B9 93648348 77.04 812 B9 93648437 77.04 812
B9 93648255 77.04 812 B9 93648349 77.04 812 B9 93648438 77.04 812
B9 93648256 77.04 812 B9 93648350 77.04 812 B9 93648439 77.04 812
B9 93648257 77.04 812 B9 93648351 77.04 812 B9 93648440 77.04 812
B9 93648258 77.04 812 B9 93648352 77.04 812 B9 93648441 77.04 812
B9 93648259 77.04 812 B9 93648353 77.04 812 B9 93648442 77.04 812
B9 93648260 77.04 812 B9 93648354 77.04 812 B9 93648443 77.04 812
B9 93648266 77.04 812 B9 93648355 77.04 812 B9 93648444 77.04 812
B9 93648267 77.04 812 B9 93648356 77.04 812 B9 93648445 77.04 812
B9 93648268 77.04 812 B9 93648357 77.04 812 B9 93648446 77.04 812
B9 93648269 77.04 812 B9 93648358 77.04 812 B9 93648447 77.04 812
B9 93648270 77.04 812 B9 93648359 77.04 812 B9 93648448 77.04 812
B9 93648271 77.04 812 B9 93648360 77.04 812 B9 93648449 77.04 812
B9 93648272 77.04 812 B9 93648361 77.04 812 B9 93648450 77.04 812
B9 93648273 77.04 812 B9 93648362 77.04 812 B9 93648451 77.04 812
B9 93648274 77.04 812 B9 93648363 77.04 812 B9 93648452 77.04 812
B9 93648275 77.04 812 B9 93648364 77.04 812 B9 93648453 77.04 812
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B9 93648279 77.04 812 B9 93648368 77.04 812 B9 93648457 77.04 812
B9 93648280 77.04 812 B9 93648369 77.04 812 B9 93648458 77.04 812
B9 93648281 77.04 812 B9 93648370 77.04 812 B9 93648459 77.04 812
B9 93648282 77.04 812 B9 93648371 77.04 812 B9 93648464 77.04 812
B9 93648283 77.04 812 B9 93648372 77.04 812 B9 93648465 77.04 812
B9 93648466 77.04 812 B9 93648553 77.04 812 B9 93684205 77.04 812
B9 93648467 77.04 812 B9 93648554 77.04 812 B9 93684206 77.04 812
B9 93648468 77.04 812 B9 93648555 77.04 812 B9 93684207 77.04 812
B9 93648469 77.04 812 B9 93648556 77.04 812 B9 93684208 77.04 812
B9 93648470 77.04 812 B9 93648557 77.04 812 B9 93684209 77.04 812
B9 93648471 77.04 812 B9 93648558 77.04 812 B9 93684210 77.04 812
B9 93648472 77.04 812 B9 93648559 77.04 812 B9 93684211 77.04 812
B9 93648473 77.04 812 B9 93648560 77.04 812 B9 93684212 77.04 812
B9 93648474 77.04 812 B9 93648561 77.04 812 B9 93684213 77.04 812
B9 93648475 77.04 812 B9 93648562 77.04 812 B9 93684214 77.04 812
B9 93648476 77.04 812 B9 93648563 77.04 812 B9 93684215 77.04 812
B9 93648477 77.04 812 B9 93648564 77.04 812 B9 93684216 77.04 812
B9 93648478 77.04 812 B9 93648565 77.04 812 B9 93684217 77.04 812
B9 93648479 77.04 812 B9 93648566 77.04 812 B9 93684218 77.04 812
Yorba Linda Water District
2016-17 Sewer Assessment
Exhibit "A"
B9 93648480 77.04 812 B9 93648567 77.04 812 B9 93684219 77.04 812
B9 93648481 77.04 812 B9 93648568 77.04 812 B9 93684220 77.04 812
B9 93648482 77.04 812 B9 93648569 77.04 812 B9 93684221 77.04 812
B9 93648483 77.04 812 B9 93648570 77.04 812 B9 93684222 77.04 812
B9 93648484 77.04 812 B9 93648571 77.04 812 B9 93684223 77.04 812
B9 93648485 77.04 812 B9 93648572 77.04 812 B9 93684224 77.04 812
B9 93648486 77.04 812 B9 93648573 77.04 812 B9 93684225 77.04 812
B9 93648487 77.04 812 B9 93648574 77.04 812 B9 93684226 77.04 812
B9 93648488 77.04 812 B9 93648575 77.04 812 B9 93684227 77.04 812
B9 93648489 77.04 812 B9 93648576 77.04 812 B9 93684228 77.04 812
B9 93648490 77.04 812 B9 93648577 77.04 812 B9 93684229 77.04 812
B9 93648491 77.04 812 B9 93648578 77.04 812 B9 93684230 77.04 812
B9 93648492 77.04 812 B9 93684101 125.27 812 B9 93684231 77.04 812
B9 93648493 77.04 812 B9 93684102 32.74 812 B9 93684232 77.04 812
B9 93648494 77.04 812 B9 93684103 60.65 812 B9 93684233 77.04 812
B9 93648495 77.04 812 B9 93684104 157.74 812 B9 93684234 77.04 812
B9 93648496 77.04 812 B9 93684105 114.50 812 B9 93684235 77.04 812
B9 93648497 77.04 812 B9 93684106 91.53 812 B9 93684236 77.04 812
B9 93648498 77.04 812 B9 93684107 34.35 812 B9 93684237 77.04 812
B9 93648499 77.04 812 B9 93684108 36.25 812 B9 93684238 77.04 812
B9 93648504 77.04 812 B9 93684109 45.76 812 B9 93684239 77.04 812
B9 93648505 77.04 812 B9 93684110 53.52 812 B9 93684240 77.04 812
B9 93648506 77.04 812 B9 93684111 154.74 812 B9 93684241 77.04 812
B9 93648507 77.04 812 B9 93684114 77.04 812 B9 93684242 77.04 812
B9 93648508 77.04 812 B9 93684115 77.04 812 B9 93684243 77.04 812
B9 93648509 77.04 812 B9 93684116 77.04 812 B9 93684244 77.04 812
B9 93648510 77.04 812 B9 93684117 77.04 812 B9 93684245 77.04 812
B9 93648511 77.04 812 B9 93684118 77.04 812 B9 93684246 77.04 812
B9 93648512 77.04 812 B9 93684119 77.04 812 B9 93684247 77.04 812
B9 93648513 77.04 812 B9 93684120 77.04 812 B9 93684248 77.04 812
B9 93648514 77.04 812 B9 93684121 77.04 812 B9 93684249 77.04 812
B9 93648515 77.04 812 B9 93684122 77.04 812 B9 93684250 77.04 812
B9 93648516 77.04 812 B9 93684123 77.04 812 B9 93684251 77.04 812
B9 93648517 77.04 812 B9 93684124 77.04 812 B9 93684252 77.04 812
B9 93648518 77.04 812 B9 93684125 77.04 812 B9 93684253 77.04 812
B9 93648519 77.04 812 B9 93684126 77.04 812 B9 93684254 77.04 812
B9 93648520 77.04 812 B9 93684176 77.04 812 B9 93684255 77.04 812
B9 93648521 77.04 812 B9 93684177 77.04 812 B9 93684256 77.04 812
B9 93648522 77.04 812 B9 93684178 77.04 812 B9 93684257 77.04 812
B9 93648523 77.04 812 B9 93684179 77.04 812 B9 93684258 77.04 812
B9 93648524 77.04 812 B9 93684180 77.04 812 B9 93684259 77.04 812
B9 93648525 77.04 812 B9 93684181 77.04 812 B9 93684260 77.04 812
B9 93648526 77.04 812 B9 93684182 77.04 812 B9 93684261 77.04 812
B9 93648527 77.04 812 B9 93684183 77.04 812 B9 93684262 77.04 812
B9 93648528 77.04 812 B9 93684184 77.04 812 B9 93684263 77.04 812
B9 93648529 77.04 812 B9 93684185 77.04 812 B9 93684264 77.04 812
B9 93648530 77.04 812 B9 93684186 77.04 812 B9 93684265 77.04 812
B9 93648531 77.04 812 B9 93684187 77.04 812 B9 93684266 77.04 812
B9 93648532 77.04 812 B9 93684188 77.04 812 B9 93684267 77.04 812
B9 93648533 77.04 812 B9 93684189 77.04 812 B9 93684268 77.04 812
B9 93648534 77.04 812 B9 93684190 77.04 812 B9 93684269 77.04 812
B9 93648535 77.04 812 B9 93684191 77.04 812 B9 93684270 77.04 812
B9 93648536 77.04 812 B9 93684192 77.04 812 B9 93684271 77.04 812
B9 93648537 77.04 812 B9 93684193 77.04 812 B9 93684272 77.04 812
B9 93648538 77.04 812 B9 93684194 77.04 812 B9 93684273 77.04 812
B9 93648539 77.04 812 B9 93684195 77.04 812 B9 93684274 77.04 812
B9 93648540 77.04 812 B9 93684196 77.04 812 B9 93684275 77.04 812
B9 93648541 77.04 812 B9 93684197 77.04 812 B9 93684276 77.04 812
B9 93648546 77.04 812 B9 93684198 77.04 812 B9 93684277 77.04 812
B9 93648547 77.04 812 B9 93684199 77.04 812 B9 93684278 77.04 812
B9 93648548 77.04 812 B9 93684200 77.04 812 B9 93684279 77.04 812
B9 93648549 77.04 812 B9 93684201 77.04 812 B9 93684280 77.04 812
B9 93648550 77.04 812 B9 93684202 77.04 812 B9 93684281 77.04 812
B9 93648551 77.04 812 B9 93684203 77.04 812 B9 93684282 77.04 812
B9 93648552 77.04 812 B9 93684204 77.04 812 B9 93684283 77.04 812
B9 93684284 77.04 812 B9 93684363 77.04 812 B9 93684442 77.04 812
B9 93684285 77.04 812 B9 93684364 77.04 812 B9 93684443 77.04 812
B9 93684286 77.04 812 B9 93684365 77.04 812 B9 93684444 77.04 812
B9 93684287 77.04 812 B9 93684366 77.04 812 B9 93684445 77.04 812
B9 93684288 77.04 812 B9 93684367 77.04 812 B9 93684446 77.04 812
B9 93684289 77.04 812 B9 93684368 77.04 812 B9 93684447 77.04 812
B9 93684290 77.04 812 B9 93684369 77.04 812 B9 93684448 77.04 812
B9 93684291 77.04 812 B9 93684370 77.04 812 B9 93684449 77.04 812
B9 93684292 77.04 812 B9 93684371 77.04 812 B9 93684450 77.04 812
B9 93684293 77.04 812 B9 93684372 77.04 812 B9 93684451 77.04 812
B9 93684294 77.04 812 B9 93684373 77.04 812 B9 93684452 77.04 812
B9 93684295 77.04 812 B9 93684374 77.04 812 B9 93684453 77.04 812
B9 93684296 77.04 812 B9 93684375 77.04 812 B9 93684454 77.04 812
B9 93684297 77.04 812 B9 93684376 77.04 812 B9 93684455 77.04 812
B9 93684298 77.04 812 B9 93684377 77.04 812 B9 93684456 77.04 812
B9 93684299 77.04 812 B9 93684378 77.04 812 B9 93684457 77.04 812
Yorba Linda Water District
2016-17 Sewer Assessment
Exhibit "A"
B9 93684300 77.04 812 B9 93684379 77.04 812 B9 93684458 77.04 812
B9 93684301 77.04 812 B9 93684380 77.04 812 B9 93684459 77.04 812
B9 93684302 77.04 812 B9 93684381 77.04 812 B9 93684460 77.04 812
B9 93684303 77.04 812 B9 93684382 77.04 812 B9 93684461 77.04 812
B9 93684304 77.04 812 B9 93684383 77.04 812 B9 93684462 77.04 812
B9 93684305 77.04 812 B9 93684384 77.04 812 B9 93684463 77.04 812
B9 93684306 77.04 812 B9 93684385 77.04 812 B9 93684464 77.04 812
B9 93684307 77.04 812 B9 93684386 77.04 812 B9 93684465 77.04 812
B9 93684308 77.04 812 B9 93684387 77.04 812 B9 93684466 77.04 812
B9 93684309 77.04 812 B9 93684388 77.04 812 B9 93684467 77.04 812
B9 93684310 77.04 812 B9 93684389 77.04 812 B9 93684468 77.04 812
B9 93684311 77.04 812 B9 93684390 77.04 812 B9 93684469 77.04 812
B9 93684312 77.04 812 B9 93684391 77.04 812 B9 93684470 77.04 812
B9 93684313 77.04 812 B9 93684392 77.04 812 B9 93684471 77.04 812
B9 93684314 77.04 812 B9 93684393 77.04 812
B9 93684315 77.04 812 B9 93684394 77.04 812
B9 93684316 77.04 812 B9 93684395 77.04 812
B9 93684317 77.04 812 B9 93684396 77.04 812
B9 93684318 77.04 812 B9 93684397 77.04 812
B9 93684319 77.04 812 B9 93684398 77.04 812
B9 93684320 77.04 812 B9 93684399 77.04 812
B9 93684321 77.04 812 B9 93684400 77.04 812
B9 93684322 77.04 812 B9 93684401 77.04 812
B9 93684323 77.04 812 B9 93684402 77.04 812
B9 93684324 77.04 812 B9 93684403 77.04 812
B9 93684325 77.04 812 B9 93684404 77.04 812
B9 93684326 77.04 812 B9 93684405 77.04 812
B9 93684327 77.04 812 B9 93684406 77.04 812
B9 93684328 77.04 812 B9 93684407 77.04 812
B9 93684329 77.04 812 B9 93684408 77.04 812
B9 93684330 77.04 812 B9 93684409 77.04 812
B9 93684331 77.04 812 B9 93684410 77.04 812
B9 93684332 77.04 812 B9 93684411 77.04 812
B9 93684333 77.04 812 B9 93684412 77.04 812
B9 93684334 77.04 812 B9 93684413 77.04 812
B9 93684335 77.04 812 B9 93684414 77.04 812
B9 93684336 77.04 812 B9 93684415 77.04 812
B9 93684337 77.04 812 B9 93684416 77.04 812
B9 93684338 77.04 812 B9 93684417 77.04 812
B9 93684339 77.04 812 B9 93684418 77.04 812
B9 93684340 77.04 812 B9 93684419 77.04 812
B9 93684341 77.04 812 B9 93684420 77.04 812
B9 93684342 77.04 812 B9 93684421 77.04 812
B9 93684343 77.04 812 B9 93684422 77.04 812
B9 93684344 77.04 812 B9 93684423 77.04 812
B9 93684345 77.04 812 B9 93684424 77.04 812
B9 93684346 77.04 812 B9 93684425 77.04 812
B9 93684347 77.04 812 B9 93684426 77.04 812
B9 93684348 77.04 812 B9 93684427 77.04 812
B9 93684349 77.04 812 B9 93684428 77.04 812
B9 93684350 77.04 812 B9 93684429 77.04 812
B9 93684351 77.04 812 B9 93684430 77.04 812
B9 93684352 77.04 812 B9 93684431 77.04 812
B9 93684353 77.04 812 B9 93684432 77.04 812
B9 93684354 77.04 812 B9 93684433 77.04 812
B9 93684355 77.04 812 B9 93684434 77.04 812
B9 93684356 77.04 812 B9 93684435 77.04 812
B9 93684357 77.04 812 B9 93684436 77.04 812
B9 93684358 77.04 812 B9 93684437 77.04 812
B9 93684359 77.04 812 B9 93684438 77.04 812
B9 93684360 77.04 812 B9 93684439 77.04 812
B9 93684361 77.04 812 B9 93684440 77.04 812
B9 93684362 77.04 812 B9 93684441 77.04 812
ITEM NO. 8.5
AGENDA REPORT
Meeting Date: July 28, 2016 Budgeted:N/A
To:Board of Directors
Funding Source:Developer Funded
From:Marc Marcantonio, General
Manager
Account No:1/2-2600
Job No:201610
Presented By:Steve Conklin, Engineering
Manager
Dept:Engineering
Reviewed by Legal:N/A
Prepared By:Ariel Bacani, Engineering
Technician II
CEQA Compliance:N/A
Subject:Terms and Conditions for Water and Sewer Service with Zelman Development
Co.
SUMMARY:
Zelman Development Co. is proposing to develop the "Yorba Linda Town Center," a
retail destination at the northwest corner of Yorba Linda Boulevard and Lakeview Avenue. The 9-
acre project will consist of theater, grocery, clothing, and restaurant uses centered around a "town
center" park, as shown in the attached exhibit.
STAFF RECOMMENDATION:
That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with
Zelman Development Co., Job No. 201610.
COMMITTEE RECOMMENDATION:
DISCUSSION:
The District has existing Zone 2 pipelines within the project site. The applicant will abandon portions
of the existing water system and construct a new looped water system, adequate in size and of
sufficient pressure to serve the new development, with connection points at Lakeview Avenue,
Lemon Drive and Main Street.
The project is located within Drainage Area "2" of the District's Sewer Service Area. The applicant
will abandon the existing sewer system and construct a new sewer system that will ultimately flow
into the existing sewer main located at the north side of the Imperial Highway-Yorba Linda
Boulevard intersection.
The Terms and Conditions for Water and Sewer Service with Zelman Development Co. are
attached for your consideration.
ATTACHMENTS:
Name:Description:Type:
201610_T_C.doc Terms & Conditions for Water & Sewer Service with
Zelman Development Co.Agreement
201610_Exhibit.pdf Exhibit of Proposed Water & Sewer Improvements for
Zelman Development Co., Yorba Linda Town Center Exhibit
Date: JULY 28, 2016
YORBA LINDA WATER DISTRICT
TERMS AND CONDITIONS
FOR WATER AND SEWER SERVICE
NAME OF APPLICANT: ZELMAN DEVELOPMENT CO.
LOCATION OF PROJECT: NORTHWEST CORNER OF YORBA LINDA BLVD. &
LAKEVIEW AVE. – “YORBA LINDA TOWN CENTER”
TRACT NUMBER: N/A JOB NUMBER: 201610 LOTS: N/A
The applicant will be required to complete to the satisfaction of the District the following
items that have an “X” following the number.
1) X The applicant shall provide the District with a copy of the Grant Deed or
Title Report of the property to be served.
2) X The applicant shall include information deemed necessary by the District in
the event the applicant is required to file a Department of Real Estate Tax
Disclosure statement.
3) The applicant shall provide to all purchasers of the homes a statement that
the home is located within Improvement District No. 1 and that the home is
subject to a property tax over and above the normal 1% Basic Tax Levy to
pay for Production, Storage, and Transmission water facilities serving
Improvement District No. l.
4) The applicant shall provide to all purchasers of the homes a statement that
the home is located within Improvement District No. 2 and that the home is
subject to a property tax over and above the normal 1% Basic Tax Levy to
pay for Production, Storage, and Transmission water facilities serving
Improvement District No. 2.
5) X The applicant shall submit two (2) sets of the improvement plans to the
District for plan check processing.
a) Improvement Plans
b) Grading Plans
c) Tract, Parcel or Vesting Map
d) Landscaping Plans
6) X Improvement Plans submitted for plan check shall comply with the submittal
requirements established by the YLWD Engineering Department.
Page 2 of 5
NAME OF APPLICANT: ZELMAN DEVELOPMENT CO.
LOCATION OF PROJECT: NW CORNER OF YORBA LINDA BLVD. & LAKEVIEW AVE. – “YORBA LINDA TOWN CENTER”
7) X The applicant shall dedicate or obtain all easements deemed necessary by
the District in accordance with the Rules and Regulations of the District. All
easement documents shall be prepared under the supervision of and
stamped by a Professional Land Surveyor or a Registered Civil Engineer
(licensed prior to January 1, 1982) licensed to practice in the State of
California.
8) X The applicant shall provide the District with a copy of the Recorded
Tract/Parcel Map(s) or Easement Documents illustrating all District
easements required by Term and Condition No. 7, prior to requesting
occupancy releases.
9) X The applicant shall prepare and process all easements to be quitclaimed by
the District in accordance with the Rules and Regulations of the District.
10) X The applicant shall furnish the District with a 24-hour emergency telephone
number prior to the District’s approval of the construction plans.
11) X The applicant shall notify the District 48 hours prior to initiating any work
related to required or proposed improvements.
12) X The applicant shall complete a Temporary Construction Meter Permit
application for all water to be used in construction work and all water used
under such permit shall be taken from the approved construction meter.
13) X The applicant shall provide per the District specifications one complete set
of "As Built" mylars and electronic copy of ACAD drawings (version 2008 or
later) for the Water facilities.
14) X The applicant shall complete an Application to and Agreement for Water
Service.
15) X The applicant shall pay all of the water fees as required by the Rules and
Regulations of the District.
16) X The applicant shall pay meter fees associated with the installation of radio
read meters for this project.
17) X The applicant shall comply with the Rules and Regulations of the Yorba
Linda Water District with regard to the Rendition of Water Service.
18) X The applicant shall provide the District with a set of plans stamped and
approved by the Orange County Fire Authority, or fire agency having
jurisdiction, that identifies approved fire hydrant locations. Such approved
plan must be submitted to the District before staff will initiate a District plan
check for water improvements.
Page 3 of 5
NAME OF APPLICANT: ZELMAN DEVELOPMENT CO.
LOCATION OF PROJECT: NW CORNER OF YORBA LINDA BLVD. & LAKEVIEW AVE. – “YORBA LINDA TOWN CENTER”
19) X The applicant shall have all water facilities designed in accordance with the
District's Water Facilities Plan and the District’s Standard Specifications. All
design plans shall be prepared under the supervision of and stamped by a
Registered Civil Engineer licensed to practice in the State of California.
20) X The applicant’s water facilities (on-site) shall be District owned and
maintained.
21) X The applicant shall be required to conduct flow tests at their cost in the
event the Orange County Fire Authority requires a flow test. A District
representative shall be present to witness the flow test.
22) X The applicant shall comply with all additional District requirements, relative
to the fire protection system, fire hydrant construction and fire hydrant
locations.
23) The applicant shall install one (1) water Sampling Station(s) in conformance
with the District’s Standard Plans.
24) X The applicant shall provide a completed Surety Bond for the water facilities
prior to the District signing the Water Improvement Plans. The applicant
shall also provide to the District an estimate of the construction costs of the
proposed water facilities.
25) X The applicant shall install the curb and gutters a minimum of one week prior
to the installation of the water main and services.
26) X All existing water services that are not useable in the new plan shall be cut
and plugged at the main line.
27) X The applicant shall coordinate through the District all connections of new
water facilities to the existing District facilities.
28) X The applicant shall provide a written copy of the Bacteriological Report prior
to occupancy releases certifying that the water meets the Health
Department's requirements.
29) X The applicant shall adjust and raise to grade all valve covers within the
limits of this project.
30) X The applicant shall install a pressure regulator in all dwellings that have
over 80 p.s.i. static water pressure in accordance with the appropriate
building codes.
31) X The applicant shall complete a Temporary Water Permit for all water that
will be used through the new water services to serve the new dwellings.
32) X The applicant shall install a District approved backflow device in connection
with any private fire suppression sprinkler facilities that may be required by
the Orange County Fire Authority or fire agency having jurisdiction.
Page 4 of 5
NAME OF APPLICANT: ZELMAN DEVELOPMENT CO.
LOCATION OF PROJECT: NW CORNER OF YORBA LINDA BLVD. & LAKEVIEW AVE. – “YORBA LINDA TOWN CENTER”
33) X The applicant shall install a reduced pressure principle backflow prevention
device on all commercial buildings and landscape services.
34) X The applicant shall install and provide a written test report to the District for
each backflow device certifying that the backflow devices are operating
properly prior to the water meters being turned on for service.
35) X The applicant shall install and provide a written test report to the District
certifying that the double check detector assembly is operating properly
prior to the double check detector assembly being turned on for service.
36) X The applicant shall provide an annual written test report to the District
certifying that the backflow devices and fire detector assemblies are
operating properly pursuant to the District’s Backflow Prevention Program
and the State of California Administrative Code, Title 17, Public Health
Rules and Regulations Relating to Cross-Connections.
37) The applicant shall complete a Sewer Connection Application and Permit
for Sewer Service.
38) X The applicant shall complete an Application to and Agreement for Sewer
Service.
39) X The applicant shall comply with the Rules and Regulations of the Yorba
Linda Water District with regard to the Rendition of Sanitary Sewer Service.
40) X The applicant shall pay all of the sewer fees as required by the Rules and
Regulations of the District.
41) X The applicant shall have all sewer facilities designed in accordance with the
District's Sewer Master Plan and Standard Specifications. All design plans
shall be prepared under the supervision of and stamped by a Registered
Civil Engineer licensed to practice in the State of California.
42) X The applicant shall provide a completed Surety Bond for the sewer facilities
prior to the District signing the Sewer Improvement Plans. The applicant
shall also provide to the District an estimate of the construction costs of the
proposed sewer facilities.
43) X The applicant’s sewer facilities (on-site) shall be District owned and
maintained.
44) X The applicant shall construct a sewer main and appurtenances in
conformance with the approved plans and the District’s Plans and
Specifications.
45) X The applicant shall adjust and raise to grade all sewer manhole covers
within the limits of this project.
Page 5 of 5
NAME OF APPLICANT: ZELMAN DEVELOPMENT CO.
LOCATION OF PROJECT: NW CORNER OF YORBA LINDA BLVD. & LAKEVIEW AVE. – “YORBA LINDA TOWN CENTER”
46) X The applicant shall install a sewer backflow prevention valve on all sewer
service connections in which the pad elevations of the property being
served is lower than the rim elevation of the upstream manhole. Installation
of the backflow device shall comply with all requirements of the Building
and Plumbing Codes of the appropriate agency having jurisdiction.
47) X The applicant shall submit a video inspection report of their sewer project in
DVD format. The video of the sewer facilities shall be conducted in the
presence of the District inspector, which will include stationing locations of
manholes, cleanouts, wyes, laterals, backflow devices and appurtenances.
(END OF STANDARD TERMS AND CONDITIONS)
PROJECT SPECIFIC TERMS AND CONDITIONS
48) X The applicant shall loop the proposed public water system into the existing
water main pipelines at Lakeview Ave., Lemon Dr. and Main St.
I hereby certify that the foregoing Terms and Conditions were approved at the July 28,
2016 Regular Meeting of the Board of Directors of the Yorba Linda Water District. The
approved Terms and Conditions shall become void six (6) months from the approval date
if a formal Application To and Agreement with the Yorba Linda Water District for Water
and Sewer Service is not executed for the project under consideration.
Marc Marcantonio, General Manager
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PREPARED BY: EXHIBIT SCALE:
N.T.S.
YORBA LINDA WATER DISTRICT DATE:
YORBA LINDA TOWN CENTER
1717 E. MIRALOMA AVENUE SITE PLAN 07-28-2016
PLACENTIA, CALIFORNIA 92870 FILENAME:
(714) 701-3000 J201610
Material Distributed Less Than 72 Hours Prior to the Meeting
ITEM NO. 8.6.
AGENDA REPORT
Meeting Date: July 28, 2016
To: Board of Directors
From: Marc Marcantonio, General Mgr
Presented By: Damon Micalizzi, Public Affairs Mgr Dept: Public Affairs
Reviewed by Legal : No
Prepared By: Damon Micalizzi, Public Affairs Mgr
Subject: Floor Alert Opposing SB 814 - Drought: Excessive Water Use: Urban Retail
Water Suppliers, by Senator Jerry Hill (D-San Mateo)
SUMMARY:
Mesa Water®, Desert Water Agency and El Dorado Irrigation District are calling for agencies
to join a coalition in opposition to SB 814 (Hill). The bill is headed to the Assembly Floor when
the legislative session resumes on Monday, August 1, 2016.
STAFF RECOMMENDATION:
That the Board of Directors authorize the General Manager to sign on to the Floor Alert
Opposing SB 814 on behalf of the District.
DISCUSSION:
This bill contains troublesome language that, during a Governor-declared drought state of
emergency, would:
• Create new laws for urban residential excessive water use, thus forcing agencies to
have an enforcement arm.
• Compel local urban agencies to set a water budget for excessive water use by each
customer, with local agencies determining “excessive” water use by considering all of
the below factors:
o Average daily use;
o Full-time occupancy of households;
o Amount of landscaped land on a property;
o Rate of evapotranspiration; and,
o Seasonal weather changes.
•Force local urban agencies to establish a rate structure that includes block tiers, water
budgets, penalties for prohibited use, or rate surcharges over and above base rates for
excessive water use by residential customers as a method to identify and restrict
excessive water use.
•Impose an unfunded state-mandated local program that would impact urban water
districts, cities, and counties with higher costs for code enforcement, issuing and
tracking water tickets and fines, facilitating a water court and appeals process, and
related activities.
STRATEGIC PLAN:
CP 2-D: Enhance the District’s Regional Water and Wastewater Industry Participation
PRIOR RELEVANT BOARD ACTION(S):
N/A
ATT ACHMENTS:
Floor Alert
Senate Bill No. 814
Material Distributed Less Than 72 Hours Prior to the Meeting
FLOOR ALERT
RE: SB 814 (HILL) ---- OPPOSE
FROM: ___________________________________________
The agencies listed above are opposed to SB 814 and urge your NO vote when the bill
is heard on the Assembly floor. SB 814 prohibits “excessive” water use by a residential
customer during statewide or local emergency drought conditions and requires urban
water suppliers to establish a method to identify and discourage excessive water use.
• According to the SWRCB, since June of 2015, an average of 8,900
penalties per month has already been issued for either water waste or
drought surcharges (charges imposed for water use over a specific
amount).
• We believe that the provisions of this bill represent an unwelcome and
unnecessary intrusion into the responsibility of local elected officials to
establish policy for the customers they govern.
• The bill promotes a rate structure (budget based rates) that had an 80%
failure rate statewide.
• High costs for locals to implement the provisions of the bill will be passed
on to all ratepayers, including businesses and public agencies.
• The bill targets less than 1% of urban households that did not comply with
conservation targets during the recent drought which the other 99% of
customers will pay for. The bill punishes everyone for the behavior of a
few and even this bill won’t change the behavior of the non-compliant 1%.
• During declared drought, the bill may force public water agencies to
engage in a costly Prop 218 compliance process to adopt a new rate
structure that may violate Prop 218 and lead to litigation.
For the above reasons, we respectfully urge your NO vote on SB 814 when it is heard
on the Assembly floor.
Material Distributed Less Than 72 Hours Prior to the Meeting
AMENDED IN ASSEMBLY JUNE 21, 2016
AMENDED IN ASSEMBLY JUNE 6, 2016
AMENDED IN SENATE MARCH 30, 2016
AMENDED IN SENATE MARCH 17, 2016
SENATE BILL No. 814
Introduced by Senator Hill
January 4, 2016
An act to add Chapter 3.3 (commencing with Section 365) to Division
1 of the Water Code, relating to water.
legislative counsel’s digest
SB 814, as amended, Hill. Drought: excessive water use: urban retail
water suppliers.
The California Constitution declares the policy that the water resources
of the state be put to beneficial use to the fullest extent of which they
are capable, that the waste or unreasonable use or unreasonable method
of use of water be prevented, and that the conservation of such waters
is to be exercised with a view to the reasonable and beneficial use of
the waters in the interest of the people and for the public welfare.
Existing law requires the Department of Water Resources and the State
Water Resources Control Board to take all appropriate proceedings or
actions to prevent waste, unreasonable use, unreasonable method of
use, or unreasonable method of diversion of water in this state. Existing
law authorizes any public entity, as defined, that supplies water at retail
or wholesale for the benefit of persons within the service area or area
of jurisdiction of the public entity to, by ordinance or resolution, adopt
and enforce a water conservation program to reduce the quantity of
water used for the purpose of conserving the water supplies of the public
Corrected 6-21-16—See last page.95
Material Distributed Less Than 72 Hours Prior to the Meeting
entity. Existing law provides that a violation of a requirement of a water
conservation program is a misdemeanor punishable by imprisonment
in a county jail for not more than 30 days, or by a fine not exceeding
$1,000, or both.
This bill would declare that during prescribed periods excessive water
use by a residential customer, as specified, is prohibited, if during a
period when certain conditions exist, as prescribed. customer in a
single-family residence or by a customer in a multiunit housing complex,
as specified, is prohibited. This bill bill, during prescribed periods,
would require each urban retail water supplier to establish a method to
identify and discourage excessive water use. This bill would authorize
as a method to identify and discourage excessive water use the
establishment of a rate structure that includes block tiers, water budgets,
or rate surcharges over and above base rates for excessive water use by
residential customers. This bill would authorize as a method to identify
and discourage excessive water use the establishment of an excessive
water use ordinance, rule, or tariff condition that includes a definition
of or procedure to identify and address excessive water use, as
prescribed, and would make a violation of this excessive water use
ordinance, rule, or tariff condition an infraction or administrative civil
penalty and would authorize the penalty for a violation to be based on
conditions identified by the urban retail water supplier. By creating a
new infraction, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 3.3 (commencing with Section 365) is
line 2 added to Division 1 of the Water Code, to read:
95
— 2 —SB 814
Material Distributed Less Than 72 Hours Prior to the Meeting
line 1 Chapter 3.3. Excessive Residential Water Use During
line 2 Drought
line 3
line 4 365. (a) The Legislature finds and declares that this chapter
line 5 furthers important state policies of encouraging water conservation
line 6 and protecting water resources in the interest of the people and for
line 7 the public welfare.
line 8 (b) For the purposes of this chapter, “urban retail water supplier”
line 9 has the same meaning as provided in Section 10608.12.
line 10 366. (a) Excessive water use during During periods described
line 11 in subdivision (a) of Section 367 367, excessive water use is
line 12 prohibited by a residential customer in a single-family residence
line 13 or by a customer in a multiunit housing complex in which each
line 14 unit is individually metered or submetered by the urban retail water
line 15 supplier is prohibited. supplier.
line 16 (b) Each urban retail water supplier shall establish a method to
line 17 identify and discourage excessive water use, through one of the
line 18 following options:
line 19 (1) Establishing a rate structure, subject to applicable
line 20 constitutional and statutory limitations, that includes block tiers,
line 21 water budgets, or rate surcharges over and above base rates for
line 22 excessive water use by a residential water customer.
line 23 (2) (A) Establishing an excessive water use ordinance, rule, or
line 24 tariff condition, or amending an existing ordinance, rule, or tariff
line 25 condition, that includes a definition of or a procedure to identify
line 26 and address excessive water use by metered single-family
line 27 residential customers and customers in multiunit housing
line 28 complexes in which each unit is individually metered or
line 29 submetered and may include a process to issue written warnings
line 30 to a customer and perform a site audit of customer water usage
line 31 prior to deeming the customer in violation. Excessive
line 32 (B) For the purposes of subparagraph (A), excessive water use
line 33 shall be measured in terms of either gallons or hundreds of cubic
line 34 feet of water used during the urban retail water supplier’s regular
line 35 billing cycle. In establishing the definition of excessive use, the
line 36 urban retail water supplier may consider factors that include, but
line 37 are not limited to, all of the following:
line 38 (i) Average daily use.
line 39 (ii) Full-time occupancy of households.
line 40 (iii) Amount of landscaped land on a property.
95
SB 814— 3 — Material Distributed Less Than 72 Hours Prior to the Meeting
line 1 (iv) Rate of evapotranspiration.
line 2 (v) Seasonal weather changes.
line 3 (B)
line 4 (C) (i) A violation of an excessive use ordinance, rule, or tariff
line 5 condition established pursuant to subparagraph (A) shall result in
line 6 an infraction or administrative civil penalty. The penalty for a
line 7 violation may be based on conditions identified by the urban retail
line 8 water supplier and may include, but is not limited to, a fine of up
line 9 to five hundred dollars ($500) for each hundred cubic feet of water,
line 10 or 748 gallons, used above the excessive water use threshold
line 11 established by the urban retail water supplier in a billing cycle.
line 12 Any
line 13 (ii) Any fine imposed pursuant to this subparagraph shall be
line 14 added to the customer’s water bill and is due and payable with that
line 15 water bill. Each
line 16 (iii) Each urban retail water supplier shall have a process for
line 17 nonpayment of the fine, which shall be consistent with due process
line 18 and reasonably similar to the water supplier’s existing process for
line 19 nonpayment of a water bill.
line 20 (C)
line 21 (D) (i) Consistent with due process, an urban retail water
line 22 supplier shall establish a process and conditions for the appeal of
line 23 a fine imposed pursuant to subparagraph (B) (C) whereby the
line 24 customer may contest the imposition of the fine for excessive water
line 25 use.
line 26 (ii) As part of the appeal process, the customer shall be provided
line 27 with an opportunity to provide evidence that there was no excessive
line 28 water use or of a bona fide reason for the excessive water use,
line 29 including evidence of a water leak, a medical reason, or any other
line 30 reasonable justification for the water use, as determined by the
line 31 urban retail water supplier.
line 32 (iii) As part of the appeal process, the urban retail water
line 33 supplier shall provide documentation demonstrating the excessive
line 34 water usage.
line 35 (c) (1) The provisions of subdivision (b) do not apply to an
line 36 urban retail water supplier that is not fully metered in accordance
line 37 with Section 527. An urban retail water supply supplier shall
line 38 comply with the provisions of subdivision (b) when all of the water
line 39 supplier’s residential water service connections are being billed
line 40 based on metered water usage.
95
— 4 —SB 814
Material Distributed Less Than 72 Hours Prior to the Meeting
line 1 (2) An urban retail water supplier that is not fully metered shall
line 2 prohibit water use practices by an ordinance, resolution, rule, or
line 3 tariff condition that imposes penalties for prohibited uses of water
line 4 supplied by the water supplier. The urban retail water supplier may
line 5 include a process to issue written warnings prior to imposing
line 6 penalties as well as increased penalty amounts for successive
line 7 violations.
line 8 367. (a) This chapter applies only as follows:
line 9 (1) During a period for which the Governor has issued a
line 10 proclamation of a state of emergency under the California
line 11 Emergency Services Act (Chapter 7 (commencing with Section
line 12 8550) of Division 1 of Title 2 of the Government Code) based on
line 13 statewide drought conditions to an urban retail water supplier that
line 14 has moved to a stage of action in response to a local water supply
line 15 shortage condition under the water supplier’s contingency plan
line 16 pursuant to paragraph (1) of subdivision (a) of Section 10632 that
line 17 requires mandatory water use reductions.
line 18 (2) To an urban retail water supplier during a period in which
line 19 the water supplier has moved to a stage of action in response to a
line 20 local water supply shortage condition under the water supplier’s
line 21 contingency plan pursuant to paragraph (1) of subdivision (a) of
line 22 Section 10632 that requires mandatory water use reductions.
line 23 (3) To an urban retail water supplier affected during a period
line 24 for which the Governor has issued a proclamation of a state of
line 25 emergency under the California Emergency Services Act (Chapter
line 26 7 (commencing with Section 8550) of Division 1 of Title 2 of the
line 27 Government Code) based on local drought conditions.
line 28 (b) The provisions of this chapter are in addition to, and do not
line 29 supersede or limit, any other measures or remedies implemented
line 30 by an urban retail water supplier.
line 31 SEC. 2. No reimbursement is required by this act pursuant to
line 32 Section 6 of Article XIIIB of the California Constitution because
line 33 the only costs that may be incurred by a local agency or school
line 34 district will be incurred because this act creates a new crime or
line 35 infraction, eliminates a crime or infraction, or changes the penalty
line 36 for a crime or infraction, within the meaning of Section 17556 of
line 37 the Government Code, or changes the definition of a crime within
line 38 the meaning of Section 6 of Article XIIIB of the California
line 39 Constitution.
95
SB 814— 5 — Material Distributed Less Than 72 Hours Prior to the Meeting
line 1
CORRECTIONS: line 2
line 3 Amended Date—Page 1.
line 4
O
95
— 6 —SB 814
Material Distributed Less Than 72 Hours Prior to the Meeting
ITEM NO. 12.1
AGENDA REPORT
Meeting Date: July 28, 2016
Subject:Meetings from July 29, 2016 - August 31, 2016
ATTACHMENTS:
Name:Description:Type:
BOD_-_Activities_Calendar.pdf Backup Material Backup Material
Event Date Attendance by:
August 2016
Yorba Linda City Council Tue, Aug 2 Beverage
MWDOC Wed, Aug 3 Melton
OCSD Operations Committee Wed, Aug 3 Kiley/Beverage
OCWD Wed, Aug 3 Collett
ACWA Region 8 Seminar Thu, Aug 4
WACO Fri, Aug 5 Hawkins/Kiley
OCWD Dedication Fri, Aug 5
LAFCO Wed, Aug 10 Beverage (As Needed)
CASA Annual Conference Wed, Aug 10
Yorba Linda Planning Commission Wed, Aug 10 Melton
CASA Annual Conference Thu, Aug 11
Board of Directors Regular Meeting Thu, Aug 11
CASA Annual Conference Fri, Aug 12
OCWD/OCSD Community Open House Sat, Aug 13
Yorba Linda City Council Tue, Aug 16 Collett
MWDOC Wed, Aug 17 Melton
Board of Directors Workshop Meeting Wed, Aug 17
OCWD Wed, Aug 17 Kiley
Citizens Advisory Committee Meeting Mon, Aug 22 Melton
UWI Annual Conference Wed, Aug 24
OCSD Wed, Aug 24 Kiley/Beverage
UWI Annual Conference Thu, Aug 25
Board of Directors Regular Meeting Thu, Aug 25
UWI Annual Conference Fri, Aug 26
8:00AM
8:30AM
8:00AM
9:30AM
9:30AM
8:30AM
4:30PM
5:30PM
8:30AM
8:00AM
6:00PM
6:30PM
8:00AM
8:30AM
8:00AM
10:00AM
6:30PM
8:30AM
5:00PM
5:30PM
7:30AM
8:00AM
8:00AM
Board of Directors Activity Calendar
Time
6:30PM
7/23/2016 12:54:21 PM
ITEM NO. 13.1
AGENDA REPORT
Meeting Date: July 28, 2016
Subject:ACWA Region 8 Disaster Preparedness Seminar - August 4, 2016
OCWD H2O Learning Center Dedication - August 5, 2016
CASA Annual Conference - August 10-12, 2016
OCWD-OCSD Community Open House - August 13, 2016
STAFF RECOMMENDATION:
That the Board of Directors approve Director attendance at these events if desired.
ATTACHMENTS:
Name:Description:Type:
ACWA_Region_8_Seminar.pdf Backup Material Backup Material
OCWD_Dedication.pdf Backup Material Backup Material
CASA_Conference.pdf Backup Material Backup Material
OCWD-OCSD_Open_House.pdf Backup Material Backup Material
Thursday, August 4, 2016
9:30 a.m. to 2:00 p.m.
Metropolitan Water District of Southern California
Committee Room
700 North Alameda Street, Los Angeles, CA 90012
ACWA Region 8 invites you to an event that will highlight important issues for California water agencies when preparing
for the next natural disaster. The program will feature a panel discussion of water agencies discussing its plans for
disaster preparedness and a keynote address on preparing for the next earthquake. The program will also include an
ACWA update and a water supply update.
Registration is available until July 29:
https://portal.acwa.com
ACWA Member Pre‐Registration Fee: $50
Non‐Member Pre‐Registration Fee: $75
A $5 fee will be added to onsite registrations. Onsite registrations will be accommodated as space permits.
Registration fee includes parking, continental breakfast, lunch, refreshments and materials.
Online registration deadline is July 29, 2016 or until space is full. Onsite registrations will be accommodated as space
permits. Cancellations must be received in writing by 5 p.m. on July 29, 2016, in order to cancel a registration and
receive reimbursement. Substitutions can be made by requesting it in writing by July 29, 2016. After that date,
substitutions can be handled onsite at the event. Event details are subject to change and registrants will be notified by e‐
mail if changes occur.
Questions?
Contact Regional Affairs Representative Brandon Ida at brandoni@acwa.com or Regional & Member Services Specialist II Ana Torres at
anat@acwa.com or call (916) 441‐4545.
TaGE Coo
,f
• � � — �'eR oisti` • �
Friday, August 5, 2016
When. 9:30 AM - 10:30 AM
s The Orange County Water District
Where. 98700 Ward Street
_ Fountain Valley, CA 92708
loin OCWD as it dedicates this exhibit, designed to teach about
OC's water manufacturing process and how OCWD supplies
' 75% of the water supply for north and central Orange County.
Light refreshments will be served.
• - r
PRELIMINARY PROGRAM
Tuesday, August 9, 2016
10:00 a.m. – 5:00 p.m. Registration
11:30 a.m. – 4:00 p.m. CSRMA Training Seminar
Wednesday, August 10, 2016
9:00 a.m. – 5:00 p.m. Registration
12:00 p.m. – 1:30 p.m. CASA Board of Directors Meeting
12:00 p.m. – 1:30 p.m. Lunch On Your Own
12:00 p.m. – 1:30 p.m. Associates Meeting
2:00 p.m. – 4:00 p.m. Pre-Conference Concurrent Sessions
1. Ethics Training for Public Officials
Brad Hogin, Attorney, Woodruff Spradlin
John Bakker, Attorney, Meyers Nave
2. Tour The Pure Water Monterey Program
Contact: Monterey Regional WPCA, Cheryl Franzen at
cheryl@mrwpca.com about the tour
4:00 p.m. – 5:00 p.m. Communications Workgroup Meeting
4:00 p.m. – 5:00 p.m. CSRMA Board Meeting
4:15 p.m. – 5:15 p.m. Federal Legislative Committee Meeting
5:30 p.m. – 6:30 p.m. Icebreaker Reception
In Celebration of CSRMA’s 30th Anniversary
Thursday, August 11, 2016
7:30 a.m.– 9:00 a.m. CSRMA Board of Directors Breakfast Meeting
8:00 a.m. – 9:00 a.m. Utility Leadership Committee Breakfast Meeting
8:00 a.m. – 9:00 a.m. Continental Breakfast
9:15 a.m. – 11:30 a.m. Opening Session
Keynote: Joe Whitworth, President, The Freshwater
Trust and Author of Quantified - Redefining
Conservation for the Next Economy
Fit for Purpose: Taking Recycled Water to the Next Level
Pure Water Monterey, Paul Sciuto, Monterey Regional Water
Pollution Control Agency
San Diego Water Supply Augmentation Project, Brent Eidson,
City of San Diego
Annual Business Session
• Dues Resolution
• Introduction of Board of Directors Slate
• FY 2017 Budget
12:00 p.m. – 1:30 p.m. Conference Luncheon – Offsite
Memory Garden State Historic Park
1:45 p.m. – 4:15 p.m. Afternoon Session
• Announcement of the 2016 CASA Awards of Excellence
Winners
• Surviving the Retirement Wave: Lessons Learned in Growing
Our Successors, Dr. Frank Benest, Consultant
This interactive session will explore the impacts of the
“retirement wave” and strategies for attracting, retaining and
growing talent. Dr. Benest will focus on the need to develop
“soft” people skills as well as technical competencies and
provide suggestions for public agencies on how to get started
in growing our successors.
• Education Foundation Scholarship Recipient Interview with
Veteran Wastewater Professional
5:30 p.m. – 6:30 p.m. Reception
Friday, August 12, 2016
8:00 a.m. – 11:00 a.m. Registration
8:00 a.m. – 9:00 a.m. State Legislative Committee Breakfast Meeting
8:00 a.m. – 9:00 a.m. All American Breakfast
9:15 a.m. – 11:00 a.m. Closing Session
• General Election Outlook
• State Legislative Report – Dillon, Gauger
• Washington D.C. Update
• Introduction of new CASA Board Members
• Passing of the Gavel and Closing Remarks
11:00 a.m. – 2:00 p.m. Attorneys Meeting
Contact Cheryl MacKelvie (cmackelvie@casaweb.org or 916-446-0388) if you have any questions
regarding the conference.
Room rate: $239.00 w/high-speed internet and complimentary health club use.
Cut-off date: July 19, 2016
Check-in: 4:00 p.m. Check-out: 11:00 a.m.
Tuesday, August 9 the CASA Special Room Rate is sold out. Guest rooms are available at the
going rate. Please call the number below to make reservations.
Reservations: 1-877-901-6632
Parking: valet – $24/day.
Public parking: available nearby for $7/day.
Tour: Pure Water Monterey Program: Contact Cheryl Franzen (cheryl@mrwpca.com or 831-645-4610)
to reserve your spot. Transportation on your own.
Date/Time
August 10, 2016 - August 12, 2016
All Day
Location
Marriott Monterey
350 Calle Principal
Monterey, CA 93940
Get Directions »
2016 61st Annual Conference
August 10-12, 2016
Marriott, Monterey CA
Please register by Wednesday, August 3
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- $550.00
Wednesday Only Member- $340.00
Thursday Only Member- $450.00
Friday Only Member- $175.00
Guest/Student Lunch Thursday- $50.00
Guest/Student (Breakfast & Reception)- $75.00
Non-Member Full Conference- $1,100.00
Non-Member One-Day- $1,100.00
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- $550.00
Wednesday Only Member- $340.00
Thursday Only Member- $450.00
Friday Only Member- $150.00
Guest/Student Lunch Thursday- $50.00
Guest/Student (Breakfast & Reception)- $75.00
Non-Member Full Conference- $1,100.00
Non-Member One-Day- $1,100.00
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- $550.00
Wednesday Only Member- $340.00
Thursday Only Member- $450.00
Friday Only Member- $150.00
Guest/Student Lunch Thursday- $50.00
Guest/Student (Breakfast & Reception)- $75.00
Non-Member Full Conference- $1,100.00
Non-Member One-Day- $1,100.00
Confirmation
Yes, email registration confirmation
Welcome to the C A S A Online Community!
Page 1 of 2C A S A
7/12/2016https://cs2.memberclicks.net/index.php?option=com_mc&view=mc&mcid=form_2...
2016 Community Open House
The Orange County Water District and Orange County Sanitation District will host a
community open house on Saturday, August 13, 2016 from 10 a.m.-2 p.m. The free event
will feature games, activities, music, giveaways, prizes, food, and more!
Tours
Don't miss your chance to tour the world's largest advanced water purification facility of its kind, the
Groundwater Replenishment System. Tours last approximately one hour and include walking and
riding aboard a shuttle bus. Space is limited, so it is very important to RSVP in advance. Children are
welcome (recommended for ages 10+).
Click on a time below to register:
10:00 a.m.
10:30 a.m.
11:00 a.m.
11:30 a.m.
12:00 p.m.
12:30 p.m.
1:00 p.m.
Attendees will also have the opportunity to tour Orange County Water District's renowned Advanced
Water Quality Assurance Laboratory (Lab). Tours depart every 15 minutes. The 15-minute walking
tour begins and ends at the entrance of the Lab. The last tour departs at 1:45 p.m.
Activities
A variety of games and activities await you at the Community Open House. Visit all participating
booths and be entered to win a prize. Below are just a few examples of the activities in which you and
your family can take part:
Be among the first to visit OCWD's new "What's in a Drop of Water?" interactive exhibit at the H2O
Learning Center
See the equipment used to collect water samples around Orange County
Meet the scientists who make sure your water is safe to drink
Climb aboard a bulldozer used to maintain OCWD's award-winning groundwater management
operation
Learn about the animals that call the Santa Ana River Watershed home and get your picture taken
with a live snake
Play a fun game of basketball as you learn how OCWD uses a barrier to keep seawater out of the
groundwater basin
Build your own groundwater aquifer to take home
Pledge to conserve water and become an OC Water Hero
Visit additional activities at the Orange County Sanitation District
Food and refreshments
Hamburgers, hotdogs and soft drinks will be available for purchase. The Open House will also feature
complimentary popcorn, snow cones and water.
Parking
Entrance to the event is located at 18700 Ward Street, Fountain Valley. An additional entrance is
located at the Orange County Sanitation District: 10844 Ellis Avenue, Fountain Valley.
For questions, please call the Community Open House information line at (714) 378-8272.
*Program subject to change