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HomeMy WebLinkAbout2018-04-10 - Board of Directors Meeting Agenda Packet (B) AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, April 10, 2018, 6:30 PM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Al Nederhood, President Brooke Jones, Vice President Andrew J. Hall, Director Phil Hawkins, Director J. Wayne Miller, Director 4. ADDITIONS/DELETIONS TO THE AGENDA 5. INTRODUCTIONS AND PRESENTATIONS 5.1. Elected Official Liaison Reports 5.2. Comments from Candidates for OC LAFCO's Regular and Alternate Special District Members 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. Minutes of the Board of Directors Special and Regular Meetings Held March 27, 2018 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Workshop Meeting Held April 3, 2018 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,358,730.63. 7.4. ACWA-JPIA Property Program Renewal Invoice Recommendation: That the Board of Directors authorize payment to ACWA-JPIA in the amount of $46,368 for renewal of the District's property insurance coverage for the period April 1, 2018 through March 31, 2019. 7.5. Request to File Notice of Completion for Well 22 Drilling Project Recommendation: That the Board of Directors authorize staff to file the Notice of Completion for construction of the Well 22 Drilling Project, Job No. J2009-22 #22. 7.6. Authorization of Director Attendance at Conferences, Seminars, and Special Events Recommendation: That the Board of Directors approve Director attendance at the YL Chamber of Commerce First Responders Appreciation Breakfast on April 25, 2018. 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. Amending Employee Compensation Letters to Add Acting Pay Provisions for Unrepresented Employees Recommendation: That the Board of Directors: (1) adopt Resolution No. 18-07 amending Exhibit A of the Employee Compensation Letter (Resolution No. 15-07) to add Acting Pay provisions for Professional and Confidential employees for the remainder of Fiscal Years 2015-2018. (2) adopt Resolution No. 18-08 amending Exhibit A of the Employee Compensation Letter (Resolution No. 15-08) to add Acting Pay provisions for Management employees for the remainder of Fiscal Years 2015-2018. 9. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the District’s interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 9.1. Status of Engineering Activities 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. Directors' Reports 10.2. General Manager's Report 10.3. General Counsel's Report 10.4. Future Agenda Items and Staff Tasks 11. COMMITTEE REPORTS 11.1. Interagency Committee with MWDOC and OCWD (Nederhood/Jones) · Minutes of the meeting held March 22, 2018 at 4:00 p.m. · Next meeting scheduled May 24, 2018 at 4:00 p.m. 11.2. Joint Agency Committee with City of Yorba Linda (Nederhood/Jones) · Minutes of the meeting held March 19, 2018 at 4:00 p.m. (To be provided when available.) · Next meeting scheduled June 4, 2018 at 4:00 p.m. at YL City Hall. 11.3. Joint Agency Committee with City of Placentia (Nederhood/Jones) · Next meeting yet to be scheduled. 12. INTERGOVERNMENTAL MEETINGS 12.1. OCSD Board - March 28, 2018 (Hawkins) 12.2. ISDOC Executive Committee - April 3, 2018 (Nederhood) 12.3. YL City Council - April 3, 2018 (Miller) 12.4. MWDOC Board - April 4, 2018 (Nederhood) 12.5. OCWD Board - April 4, 2018 (Miller) 12.6. MWDOC Elected Officials' Forum - April 5, 2018 (Jones/Miller/Nederhood) 12.7. WACO - April 6, 2018 (Miller/Nederhood) 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from April 11 - June 30, 2018 14. ADJOURNMENT 14.1. A Board of Directors' Strategic Planning Workshop Meeting has been scheduled Tuesday, April 17, 2018 at 4:30 p.m. The next Regular Board of Directors Meeting will be held Tuesday, April 24, 2018. Closed Session (if necessary) will begin at 5:30 p.m. and regular business at 6:30 p.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting 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. 5.2 AGENDA REPORT Meeting Date: April 10, 2018 Subject:Comments from Candidates for OC LAFCO's Regular and Alternate Special District Members ATTACHMENTS: Name:Description:Type: Candidate_Info.pdf Backup Material Backup Material E I Toro Water District "A District of Distinction" Serving the Public -Respecting the Environment The Honorable Al Nederhood, President Yorba Linda Water District 1717 E. Miraloma Ave. Placentia, CA 92870 Dear President Nederhood, RECEIVED APR 2 2018 YORBA LIND/\ Wft.TER DISTRICT BY~~~~~~~~~ I am a candidate for the Orange County Local Agency Formation Commission 's [OCLAFCO] Regular Special District Member position . I respectfully request your District's favorable consideration as your next OCLAFCO commissioner. My professional education , training, and extensive local government experience in California's water industry would complement OCLAFCO's government organization, governance and policy roles as follows: • Over 42 years of professional experience , with 34 years of local government service of which 27 years involved the executive-level management of 5 water agencies; • Worked closely with Boards of Directors , City Councils , County Boards of Supervisors, State and Federal legislators plus other decision-makers to implement organizational strategic goals; • Detailed knowledge of the structure and function of local government, plus direct experience with several LAFCO processes addressing institutional organization, governance and policy issues; • Currently serving as ETWD's designated Director to attend, monitor and report on all OCLAFCO monthly meetings [since 2014]; • Extensive experience in retail I regional wholesaler I state I federal water institutional relationships and policy issues affecting the sustainability of California's water resources and infrastructure; • Cultivated collaborative and enduring working relationships with business and community leaders, regulatory agencies, and special interest groups. With regard to governance, I support local control by local agencies like special districts who can best serve the needs of their ratepayers. In my view, LAFCO should be a facilitator of voluntary applications for reorganization , dissolution and related LAFCO proceedings which encourage cooperative, cost-effective and sensible approaches to governmental service delivery . The key strengths I would bring to OCLAFCO is my extensive California water institutional experience, a passion for integrity and excellence, attention to detail, a proven track record as a team player, and great enthusiasm in all of my endeavors. My professional background is enclosed for your information. I welcome the opportunity to speak before your Board of Directors about my candidacy, and answer any questions. Please contact me at 562.477.2371 or at fadj8ria11co)gtw,_Jcon1. Very truly yours, Frederick J. Adjarian , Director El Toro Water District P.O. Box 4000 • Laguna Hills, CA 92654-4000 • Phone 949.837.7050 • Fax 949.837.7092 www.etwd.com ..!t ~ ADJARIA Consulting Services, LLC PROFESSIONAL QUALIFICATIONS SUMMARY Education • B.A. Geography I Ecosystems, University of California at Los Angeles • M.P.A. Public Administration, California State University, Long Beach Professional Experience 2014-'-Present: Member/Board of Directors-EL TORO WATER DISTRICT: Alternate ETWD representative to South OC Wastewater Authority plus Finance Committee; ETWD Representative to OC LAFCO, and Association of California Water Agencies -Joint Powers Insurance Authority. 2012-2014: District Manager-GOLDEN STATE WATER COMPANY/ Managed an investor-owned water utility with staff of 58 and an operating budget of $150M, serving 175,000 customer accounts in eight cities plus unincorporated LA County areas. 2010 -2012: Acting Water Manager -CITY OF ORANGE WATER DIVISION / Managed a municipal water system with a staff of 42 and an operating budget of $22.8 M, serving 36,000 customer accounts. 2005-2010: Water Services Manager-CITY OF TUSTIN WATER SERVICES DIVISION / Managed a municipal water system with a staff of 20 and an operating budget of $8.9M, serving 20,000 customer accounts. 2003-2005: Water Resources Projects Administrator-MISSION SPRINGS WATER D.ISTRICT I Managed fiscal, administrative, CIP, environmental planning and water quality projects for a rapidly-growing water & sewer District. 1999 -2003: General Manager/Secretary to the Board -MONTE CITO WATER DISTRICT/ Managed District water system with a staff of 25 and an operating budget.of $8.0M, serving 8,000 customer accounts. 1989 -1999: General Manager/Secretary to the Board -RINCON DEL DIABLO MUNICIPAL WATER DISTRICT/ Managed all facets of District water and fire services with a staff of 18 and an operating budget of $5.0M, serving 38,000 customer accounts. Professional Appointments, Certifications. and Awards • Elected Board of Directors/ El Toro Water District/ December, 2014 • Board Member/ California Regional Water Quality Control Board / San Diego Region 9 / 1996-1999 • State Water Resources Control Board I Grade D-4 I Operator No.15594 • State Water Resources Control Board I Grade T-2 / Operator No. 27052 • M.P.A. Public Administration I Awarded Distinguished Thesis Honors P.O. Box 2990 • Laguna Hills, CA 92654• fadjarian77@gmail.com III moulton niguel water district March 19, 2018 VIA EMAIL AND US MAIL Al Nederhood Board President Yorba Linda Water District 1717 E. Miraloma Avenue Placentia, CA 92870-6785 Dear Mr. Nederhood: I would like to announce my candidacy for the position of Special District Representative to the Orange County Local Agency Formation Commission (LAFCO). I am honored to have the unanimous support of my fellow members of the Board of Directors of the Moulton Niguel Water District for this position. It would be my honor to receive the support of your district to represent you as a Special District Commissioner for LAFCO. have served as a Director for the Moulton Niguel Water District since 2014. As a Director, I chair the District's Citizens Advisory Committee and serve on the Audit Ad-hoc and Outreach Ad-hoc committees. advocate for open communications and transparency in government as we receive public input, deliberate and ultimately make decisions that affect both special districts and our citizens throughout Orange County. I have an unwavering commitment to local decision-making, local control and fiscal responsibility. With the many issues that may arise this year at LAFCO, I pledge to you if elected that I will always listen to the Special Districts, local communities and stakeholders I represent in matters that come before me. My business background involves forty-one years experience in the utility industry, having worked with Southern California Gas Company and San Diego Gas and Electric. My experience ranges from Operations to Risk Management and Human Resources, with my last eighteen years in External Relations, where I work daily with local elected officials, city/municipal staffs and the public at large. I have been extremely active in local chambers of commerce and civic, political and other community organizations within this region. I believe that my work and elected background has provided me the experience necessary to make the thoughtful decisions that you expect as a LAFCO Commissioner. I invite you to contact me directly at (714) 309-5733 or dcave@mnwd.com to answer any questions you may have or to discuss my qualifications and candidacy in greater detail. BOARD OF Duane D.Cave Scott Colton Richard Fiore Donald Froelich Gary R.Kurtz Larry Lizotte Brian S.Probolsky DIRECTORS DIRECTOR VICE PRESIDENT DIRECTOR PRESIDENT DIRECTOR DIRECTOR VICE PRESIDENT 27500 La Paz Rd Laguna Niguel,CA 92677 1 949.831.2500 I mnwd.com Thank you for your time. I would be honored to receive your district's support for my candidacy for LAFCO Special District Representative. Sincerely, COL�-- �. Duane D. Cave Director cc: Marc Marcantonio, General Manager 27500 La Paz Rd Laguna Niguel,CA 92677 949.831. 2500 mnwd.tom 185 N. McPherson Rd. Orange, 869 ,. :714-533 8-5-5815 F:71.4-538-0334 EASE" ORANGE COUNTY MATER DISTRICT eocwd.com March 9, 2018 The Honorable Al Nederhood President 1717 E.Miraloma Avenue Placentia, CA 92870 BOARD OF DIRECTORS Dear President Nederhood: Douglass S. Davert I am writing to formally announce my candidacy for Special District Representative to the President Orange County Local Agency Formation Commission (LAFCO).The seat will be filled in a "vote by email/mail/fax" election that will be held during the April/May timeframe. I would Richard B. Bell be honored to receive your district's support to elect me as your next LAFCO commissioner. Vice President There are many issues on the horizon at LAFCO that will likely affect special district John Dulebohn Director governance in our county, not the least of which are issues that will arise from the current round of Municipal Service Reviews. As your LAFCO representative, I will be an outspoken Seymour(Sy)Everett champion for preserving local control and a leader who will respect and defend special Director districts' ability to continue serving their communities and their constituents in a manner that is right for them. John L.Sears Director During my 15 years of local government service, I have had the privilege of providing leadership in my roles as president of East Orange County Water District, director and chairman of the Orange County Sanitation District, director and chairman of the Orange Lisa County Fire Authority,trustee of Orange County Mosquito and Vector Control District, and Generralal Manager councilmember and mayor of the city of Tustin. Serving in these roles afforded me opportunities to participate in and observe a range of LAFCO-related processes which have prepared me to step into the role of LAFCO commissioner. Enclosed is some background information about me, my public service experience, and my platform as a candidate for Special District Representative to LAFCO. I would be pleased to speak with you or your board colleagues about my candidacy and answer any questions you may have. Please feel free to contact me at(714) 318-9550 or doug(@davertlaw.co_m. Thank you for your thoughtful consideration of my candidacy for LAFCO Special District Representative. Cinroraly Douglass Davert President East Orange County Water District Hometown Service I Fiscal Discipline I Direct Accountability WATER DISTRICT DOUG DAVERT Candidate for Special District seat at OC LAFCO 0 President, East Orange County Water District (current; board member since 2012) • ISDOC Secretary and Member of Executive Committee (current; since 2017) • Past Chairman, Orange County Sanitation District (2008-10; board member 2004-10) • Past Chairman, Orange County Fire Authority (2009; board member 2006-10) 0 Former Mayor(2006; 2009) and Councilmember(2002-10) City of Tustin • Former Trustee, Orange County Mosquito and Vector Control District (2003-05) • Recognized by California Special District Association (CSDA) as a Board President of the Year (2008) for service at Orange County Sanitation District • Recognized by Orange County Sanitation District "Honor Walk" for service to the organization as Board Chairman (2011) • Successful LAFCO applicant/participant in annexation/consolidation/transfer of 17,000+ local sewers in Sewer Area 7 from the Orange County Sanitation District to the East Orange County Water District. I am a married father of two teenage daughters. My wife and I grew up in Tustin and our children attend the same schools we did. I have been a practicing attorney since 1992 and have an "AV-Preeminent" rating which is the highest rating for an attorney from the Martindale- Hubbell rating agency. My practice is primarily focused on business matters. I do not represent public agencies. I do not represent clients with matters pending before public agencies. I do not have any conflicts-of-interest or other external influences that would affect my judgment as a LAFCO commissioner. I do not support forced or involuntary consolidations or dissolutions of special districts except in the most extreme cases (insolvency/abandonment). I believe in local control. I believe local communities know what is best for their residents, businesses and ratepayers. I also believe that cooperative and voluntary applications to LAFCO should be supported with the least resistance and interference. LAFCO should be a facilitator rather than an authority. MesaWater AIA f RECEIVED DISTRICT° March 26, 2018 APR 2 201$ Dedicated to Satisfying our Community's YGRBA LINDA WATER DISTRICT Water Needs Mr. Marc Marcantonio BY General Manager Yorba Linda Water District P.O. Box 309 Yorba Linda, CA 92885-0309 BOARD OF DIRECTORS RE: Support for James R. Fisler as OC LAFCO Alternate Commissioner Tim Atkinson President Dear Mr. Marcantonio, Division IV I am writing on behalf of Mesa Water District to request your organization's V, Fred e President resi ent P.E. consideration of James (Jim) R. Fisler, a Mesa Water@ Board member since 2009, for Division Int the position of Alternate Commissioner representing Orange County's Special Districts at the Orange County Local Agency Formation Commission (OC LAFCO). Marice H. DePasquale Director Enclosed with this letter is a Statement of Qualifications for Director Fisler. Listed Division III below are highlights of his recent government and leadership experience relevant to Shawn Dewane serving on the OC LAFCO Commission: Director . Elected in 2011, and re-elected in 2014, as OC LAFCO Alternate Commissioner Division V representing the Special Districts of Orange County James R. Fisler . Currently serves as President of the Independent Special Districts of Orange Director Division II County(ISDOC) • Previously served as ISDOC 1St Vice President and 2nd Vice President • Served as Mesa Water Board President from 2012-2014 • Currently President of the Mesa Water District Improvement Corporation, a Paul E.Shoenberger, P.E. California nonprofit public benefit corporation formed to assist Mesa Water in General Manager financing certain improvements to the District's water system Denise Garcia District Secretary I am confident that, if re-elected to OC LAFCO, Director Fisler will be committed to facilitating collaboration, coordination, cooperation and communications among Marwan Khalifa, CPA, MBA special districts in Orange County. I am also confident that Director Fisler will District Treasurer represent you well on important issues that are of mutual interest to Orange County's Atkinson, Andelson, Special Districts. Loya, Ruud &Romo Legal Counsel If you have any questions or requests for more information, please contact Mesa Water's External Affairs Manager, Stacy Taylor, at 714.791.0848 or StacvT((MesaWater.ora. Thank you for your consideration of this matter. Sincerely, 4 lr/ � L _ Jim Atkinson 1965 Placentia Avenue Board President Costa Mesa, CA 92627 c: Mesa Water Board of Directors tel 949.631.1200 Paul E. Shoenberger, P.E., Mesa Water General Manager fax 949.574.1036 info@MesaWater.org MesaWater.org Encl. Re-Elect James R. Fisler to OC LAFCO James R. Fisler — Director, Mesa Water District With a passion for public policy and public service, James (Jim) R. Fisler would be honored to receive your vote to continue serving you as Alternate Commissioner representing Orange County's Special Districts. First elected to this position in 2011, Director Fisler was re-elected in 2014 and has been your advocate at OC LAFCO for the past 7 years. Director Fisler is committed to representing the mutual interests of Orange County's water, wastewater, sanitary, cemetery, vector control, library, recreation and parks, and other districts that provide specialized services within their communities. Appointed to the Mesa Water District Board of Directors in August 2009, Director Fisler was elected in 2010 and re-elected in 2012 and 2016. He served as Mesa Water's Board President from 2012-2014. Since 2014, Director Fisler has served as 2nd Vice President, Vt Vice President and currently as President of the Independent Special Districts of Orange County (ISDOC) where he has been a strong leader and voice for Special Districts. Director Fisler is honored and grateful to have been elected by the Special Districts as your representative at both OC LAFCO and ISDOC. Additionally, Director Fisler is serving as a member of the Local Government Committee of the Association of California Water Agencies (ACWA). He is also on the Costa Mesa Chamber of Commerce Board of Directors, and serves as Chairman for the City of Costa Mesa's Finance and Pension Advisory Committee. Recently, the Orange County Board of Supervisors appointed him as a Commissioner for the County of Orange Housing and Community Development Commission. Currently for Mesa Water®, Director Fisler is Chairman of the District's Legislative & Public Affairs Committee, Chairman of the Engineering & Operations Committee, and he serves as an Alternate on Mesa Water's Finance Committee. He also serves as President of the Mesa Water District Improvement Corporation, a California nonprofit public benefit corporation formed to assist Mesa Water in financing certain improvements to the District's water system. Previously, Director Fisler served as a Board member of the Friends of the Costa Mesa Libraries and of the Costa Mesa Senior Center. He also served as Vice Chair of the City of Costa Mesa's Planning Commission and as a Parks and Recreation Commissioner for the City. Additionally, he was a member of the City of Costa Mesa's Residential Rehabilitation and Redevelopment Committee for more than a decade. He also volunteered in the City's Neighbors for Neighbors program for over 10 years and is a graduate of the Costa Mesa Citizens Police Academy. Director Fisler is a Real Estate Broker and Mortgage Loan Originator and worked as a regional manager for Nordstrom for more than 12 years. These positions have equipped him with the necessary skills to provide outstanding customer service in advocating for your interests in alignment with the shared interests of Orange County's Special Districts and those we serve. Please consider voting for Director Fisler as your OC LAFCO representative. s""'TgRf Costa Mesa Sanitary District ...an Independent Special District V y �y a, March 27, 2018 n�RPORA'fE9,9 The Honorable AI Nederhood President Yorba Linda Water District 1717 E. Miraloma Avenue Placentia, CA 92870 RE: OC LAFCO ALTERNATE SPECIAL DISTRICT MEMBER SEAT DirectorsBoard of Dear President Nederhood: Michael Scheafer James Ferryman My name is Bob Ooten and it would be my honor and privilege to represent the Yorba Arlene Schafer Robert �, _ Linda Water District as the Alternate Special District Member of OC LAFCO. I Arthur Perry believe my five decades of public service, which includes 37 years with special districts, makes me well qualified to serve as your representative on LAFCO. Staff This experience with special districts includes 25 years with the Orange County Scott C.Carroll Sanitation District (OCSD), where I was responsible for operating and maintaining General Manager two wastewater treatment plants that treated 185 million gallons of wastewater per day. I currently serve as an alternate Board member at OCSD. For the past twelve Robin years I have been elected member of the Costa Mesa Sanitary District (CMSD) District Engineer Board of Directors where I served as President in 2011 and 2012. In addition, I served previously as 2n1 Vice President to ISDOC and I am an active member of the Alan R.Burns California Special Districts Association (CSDA), which recently collaborated with District Counsel CALAFCO and the Little Hoover Commission to advance a variety of special district reforms, such as improving oversight and transparency. Marcus . .. Treasurer Though alternate Commission members do not get to vote on agenda items unless regular members are absent, I believe it's still critically important to have an unbiased opinion at the table. I'm a strong proponent of preserving local control for special districts and advocating for good governance and efficient delivery of service. District Clerk Enclosed is some additional information about my experience with special districts and my position relative to serving on the Commission. Steve Hodges Finance Manager Finally, my experience with developing and implementing strategic plans at CMSD and OCSD will help fulfill LAFCO's annual strategic plan for long-range projects, along with ensuring an efficient allocation of resources. I have the temperament, experience and patience to be a team player, contributing to OC LAFCO's continuing success. I hope you will support my candidacy for the Alternate Special District www.cmsdca.govMember Seat. Sincerely, Q-- `�- l a ,�,r,L Bob Ooten Assistant Secretary District of Distinction 290 Paularino Avenue /Costa Mesa,CA 92626-3314• (949) 645-8400 / fax:(714) 540-1392 2009-2019 Protecting our community's health and the environment by providing solid waste and wastewater collection services ELECT ROBERT "BOB" OOTEN OC LAFCO ALTERNATE SPECIAL DISTRICT MEMBER SEAT Robert "Bob" Ooten Costa Mesa Sanitary District For the past thirty seven years I have dedicated myself to serving the public good as a special district representative. For twenty-five years I worked for the Orange County Sanitation District (OCSD) where I served as Director of Operations & Maintenance responsible for ensuring that two wastewater treatment plants safely and efficiently treat 185 million gallons of wastewater a day. I now serve as an r alternate Board Member on OCSD Board of Directors. For the past twelve years I have been an elected member of the Costa Mesa Sanitary District (CMSD) Board of Directors. I am proud to be part of an organization that has been a District of Distinction since 2009, earned the Transparency Certificate of Excellence for six consecutive years and received Gold Recognition for exemplary governance from the Califor- nia Special Districts Association. Recently, California LAFCOs and special districts have been under scrutiny from grand juries and state agencies. In 2015, the Orange SPECIAL DISTRICT EXPERIENCE County Grand Jury issued a report, "It's Time to Redraw the Line," which falsely accused OC LAFCO of failing to effectively fulfill its ♦ Costa Mesa Sanitary District legislative mandate and using its latent powers. More recently, the ♦ Orange County Sanitation District Little Hoover Commission held numerous public hearings about ♦ Independent Special Districts of OC LAFCOs and special districts and while the Commission's final report to the legislature had positive recommendations it still reminds me ♦ ISDOC 2nd Vice President that we can never let our guard down. I am seeking your support to be ♦ ISDOC Executive Committee your representative as the alternate special district member seat on LAFCO to ensure special districts have an active voice and remain ♦ California Special Districts independent. I also believe that homelessness is no longer a city or Association (CSDA) county problem and that it will take the involvement of other agencies, ♦ California Water Environment including special districts and LAFCO, to end homelessness in Orange Association (CWEA) Past President County. If elected, I will work with LAFCO Commissioners and staff to include homelessness as one of the key municipal services when ♦ Santa Ana River Basin Section of LAFCO prepares the next Municipal Service Review(MSR). CWEA Past President Let's continue to make special districts strong in Orange County. Please vote for Robert "Bob" Ooten by May 25, 2018. ITEM NO. 7.1 AGENDA REPORT Meeting Date: April 10, 2018 Subject:Minutes of the Board of Directors Special and Regular Meetings Held March 27, 2018 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2018-03-27_-_Minutes_-_BOD_(A).doc Minutes Minutes 2018-03-27_-_Minutes_-_BOD_(B).doc Minutes Minutes Minutes of the YLWD Board of Directors Special Meeting Held March 27, 2018 at 5:30 p.m. 1 2018-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Tuesday, March 27, 2018, 5:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 5:33 p.m. 2. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Brooke Jones, Vice President Marc Marcantonio, General Manager Andrew J. Hall Brett Barbre, Asst General Manager Phil Hawkins Gina Knight, HR/Risk and Safety Manager J. Wayne Miller Annie Alexander, Executive Asst/Board Secretary DIRECTORS ABSENT Al Nederhood, President ALSO PRESENT Andrew Gagen, Partner, Kidman Law LLP 3. PUBLIC COMMENTS None. 4. CLOSED SESSION The meeting was adjourned to Closed Session at 5:33 p.m. All Directors were present with the exception of President Nederhood. Also present were General Manager Marc Marcantonio, Assistant General Manager Brett Barbre, HR/Risk and Safety Manager Gina Knight, and General Counsel Andrew Gagen. 4.1. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Marc Marcantonio, General Manager Brett Barbre, Asst General Manager Gina Knight, HR/Risk and Safety Manager Vivian Lim, Human Resources Analyst Employee Organization: YLWD Employees Association Minutes of the YLWD Board of Directors Special Meeting Held March 27, 2018 at 5:30 p.m. 2 2018-XXX The Board reconvened in Open Session at 6:39 p.m. General Counsel Gagen provided a report during the regular meeting held immediately afterwards. 5. ADJOURNMENT 5.1. The meeting adjourned at 6:39 p.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held March 27, 2018 at 6:30 p.m. 1 2018-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, March 27, 2018, 6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 6:39 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Brooke Jones, Vice President Marc Marcantonio, General Manager Andrew J. Hall Brett Barbre, Assistant General Manager J. Wayne Miller Steve Conklin, Engineering Manager Phil Hawkins John DeCriscio, Operations Manager Gina Knight, HR/Risk and Safety Mgr DIRECTORS ABSENT Delia Lugo, Finance Manager Al Nederhood, President Annie Alexander, Exec Asst/Board Secretary Mike Carreon, Facilities Maint Worker Bryan Hong, Water Quality Engineer Kaden Young, Management Analyst ALSO PRESENT Andrew Gagen, Partner, Kidman Law LLP 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. INTRODUCTIONS AND PRESENTATIONS Vice President Jones presented Engineering Manager Steve Conklin with a proclamation in recognition of his 9+ years of service to the District. 5.1. Elected Official Liaison Reports Assistant General Manager Brett Barbre, in his role as Director for Municipal Water District of Orange County (MWDOC) and Metropolitan Minutes of the YLWD Board of Directors Regular Meeting Held March 27, 2018 at 6:30 p.m. 2 2018-XXX Water District of Southern California (MWDSC), reported on MWDSC’s proposal to fund construction of both tunnels for the Delta Tunnels Project and noted the agency’s Board would consider the level of investment on April 10, 2018. 6. PUBLIC COMMENTS None. 7. CONSENT CALENDAR Director Hall made a motion, seconded by Director Hawkins, to approve the Consent Calendar. Motion carried 4-0-0-1 with Director Hall abstaining from voting on Item No. 7.1. and Director Nederhood being absent. 7.1. Minutes of the Board of Directors Special Meeting Held March 8, 2018 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Special and Regular Meetings Held March 13, 2018 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,984,880.94. 8.0 ACTION CALENDAR The following items were taken out of order. 8.2. Revising Board of Directors’ Policies and Procedures The Board reviewed the proposed amendments, including those suggested by Legal Counsel, and requested the following additional revisions: Section 4.1 C. 7. The General Manager or his/her designee’sDirectors’ time spent with Directors or responding to Directors’ requeststhe General Minutes of the YLWD Board of Directors Regular Meeting Held March 27, 2018 at 6:30 p.m. 3 2018-XXX Manager or his/her designee shall also be tracked and made available to the Board for periodic evaluation on a quarterly basis. Section 4.1 F. …such questions shouldshall be submitted to the General Manager as least 24 hours in advance of the meeting. Section 4.1 I. …on an annual basis before October 31st at the end of each calendar year. The Board may utilize the survey included in this manual… Section 9.1 D. …reporting period. Exceptions to this provision shall be presented to the Board of Directors for review and approval. Section 9.1 E. …Vice President. The President’s activity report shall be reviewed and approved by the Vice President. Section 9.3 J. 3. …out-of-pocket expenses. Exceptions to this provision shall be presented to the Board of Directors for review and approval. Section 9.5 C. …of the expense. Exceptions to this provision shall be presented to the Board of Directors for review and approval. Section 13.1 C …shall read aloud the titledescription of each item on the agenda… Director Hawkins made a motion, seconded by Director Hall, to approve Resolution No. 18-06 amending the Board’s Policies and Procedures and rescinding Resolution Nos. 16-12 and 17-28. Motion carried 4-0-0-1 on a Roll Call vote with Director Nederhood being absent. Minutes of the YLWD Board of Directors Regular Meeting Held March 27, 2018 at 6:30 p.m. 4 2018-XXX 8.1. Policies and Procedures for Communication Facilities Licenses Within District Properties Staff reviewed the purpose of the policy and associated benefits. Management services to be provided by ATS Communications including security considerations for consultant access to District facilities were also discussed. Director Hall made a motion, seconded by Director Hawkins, to approve Resolution No. 18-05 adopting Policies and Procedures for Communication Facilities Licenses Within Yorba Linda Water District Properties. Motion carried 4-0-0-1 on a Roll Call vote with Director Nederhood being absent. 8.3. Nominations for OC LAFCO Regular and Alternate Special District Member Seats No Directors expressed an interest in being nominated as a candidate for election to OC LAFCO’s Regular and Alternate Special District Member seats. Staff suggested the Board consider designating President Nederhood as the primary voting representative and Vice President Jones as the alternate voting representative in the upcoming election. Director Hawkins made a motion, seconded by Director Miller, to designate President Nederhood as the primary voting representative and Vice President Jones as the alternate voting representative in OC LAFCO’s election for the Regular and Alternate Special District Member seats. Motion carried 4-0-0-1 with Director Nederhood being absent. Staff reviewed the candidates who requested nominations from the Board. Director Hawkins made a motion, seconded by Director Miller, not to nominate any candidates for OC LAFCO’s Regular and Alternate Special District Member seats and to authorize President Nederhood, or Vice President Jones in the absence of President Nederhood, to vote for the candidates of their choosing in the upcoming election. Motion carried 4-0- 0-1 with Director Nederhood being absent. Staff was then directed to invite the candidates to the next regular meeting to address the Board should they desire. Minutes of the YLWD Board of Directors Regular Meeting Held March 27, 2018 at 6:30 p.m. 5 2018-XXX 9.0 DISCUSSION ITEMS Staff reviewed key information contained in the following financial reports. 9.1. Budget to Actual Reports for the Month Ending February 28, 2018 9.2. Cash and Investment Report for Period Ending February 28, 2018 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. Directors' Reports Director Hawkins noted he would be absent at the budget workshop scheduled April 3, 2018. 10.2. General Manager's Report General Manager Marc Marcantonio asked each of the managers in attendance to report on activities within their respective departments. Staff then congratulated Engineering Manager Conklin on his upcoming retirement. General Manager Marcantonio reported that the new Engineering Manager would start work in June and provided an overview of her experience and accomplishments. He then reported on ACW A’s coalition efforts against SB 623 (Monning) and his planned attendance at the State Water Resources Control Board’s hearing on April 17, 2018. He also thanked Engineering Manager Conklin for his service. 10.3. General Counsel’s Report General Counsel Andrew Gagen stated that no reportable action was taken during the Closed Session portion of the special Board meeting held prior to this meeting. He then expressed his appreciation for Engineering Manager Conklin. 10.4. Future Agenda Items and Staff Tasks Vice President Jones asked about the status of exploring budget based rate structures. Staff briefed the Board regarding current data collection efforts and indicated that a more detailed report could be provided at a future workshop meeting. Minutes of the YLWD Board of Directors Regular Meeting Held March 27, 2018 at 6:30 p.m. 6 2018-XXX 11. COMMITTEE REPORTS 11.1. Interagency Committee with MWDOC and OCWD (Nederhood/Jones) Minutes of the meeting held March 22, 2018 at 4:00 p.m. to be provided when available. Next Meeting scheduled May 24, 2018 at 4:00 p.m. 11.2. Joint Agency Committee with City of Yorba Linda (Nederhood/Jones) Minutes of the meeting held March 19, 2018 at 4:00 p.m. to be provided when available. Next meeting is scheduled June 4, 2018 at 4:00 p.m. at YL City Hall. 11.3. Joint Agency Committee with City of Placentia (Nederhood/Jones) Next meeting yet to be scheduled. 12. INTERGOVERNMENTAL MEETINGS The Directors present reported on their attendance at the following meetings and events. 12.1 OC LAFCO – March 14, 2018 (Nederhood – As Needed) 12.2 YL Planning Commission – March 14, 2018 (Hawkins – As Needed) 12.3. ACWA Member Briefing – March 16, 2018 (Jones/Nederhood) 12.4. YL City Council – March 20, 2018 (Jones) 12.5. MWDOC Board – March 21, 2018 (Jones) 12.6. OCWA Luncheon – March 21, 2018 (Jones) 12.7. OCWD Board – March 21, 2018 (Miller/Jones) Minutes of the YLWD Board of Directors Regular Meeting Held March 27, 2018 at 6:30 p.m. 7 2018-XXX 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from March 28 – May 31, 2018 The Board made no changes to the activity calendar. 14. ADJOURNMENT 14.1. The meeting was adjourned at 8:46 p.m. Annie Alexander Board Secretary ITEM NO. 7.2 AGENDA REPORT Meeting Date: April 10, 2018 Subject:Minutes of the Board of Directors Workshop Meeting Held April 3, 2018 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2018-04-03_-_Minutes_-_BOD.doc Minutes Minutes Minutes of the YLWD Board of Directors Workshop Meeting Held April 3, 2018 at 4:30 p.m. 1 2018-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS WORKSHOP MEETING Tuesday, April 3, 2018, 4:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 4:30 p.m. TELECONFERENCE SITE 6951 Gulf of Mexico Dr, Longboat Key FL 34228 Vice President Jones participated in the meeting via teleconference at the above listed location. At the request of President Nederhood, Vice President Jones confirmed that the agenda for this meeting had been posted in accordance with the Ralph M. Brown Act, the location was reasonably accessible to the public, and that there were no members of the public at his location which desired to provide public comment. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Al Nederhood, President Marc Marcantonio, General Manager Brooke Jones, Vice President Brett Barbre, Assistant General Manager Andrew J. Hall John DeCriscio, Operations Manager J. Wayne Miller (Left at 6:00 p.m.) Bryan Hong, Interim Engineering Manager Gina Knight, HR/Risk and Safety Manager DIRECTORS ABSENT Delia Lugo, Finance Manager Phil Hawkins Art Vega, Information Services Manager Annie Alexander, Executive Asst/Board Secretary Danielle Logsdon, Associate Engineer Malissa Muttaraid, Public Affairs Representative Kaden Young, Management Analyst Kelly McCann, Senior Accountant Vivian Lim, Human Resources Analyst Rachel Padilla, Customer Service Supervisor ALSO PRESENT Andrew Gagen, Parter, Kidman Gagen Law LLP Minutes of the YLWD Board of Directors Workshop Meeting Held April 3, 2018 at 4:30 p.m. 2 2018-XXX 4. PUBLIC COMMENTS None. 5. DISCUSSION ITEMS The following items were taken out of order. 5.2. OpenGov Proposal for Budgeting, Operational Performance, and Citizen Engagement Software Staff reviewed the software program’s elements and reporting features. Director Hall then provided an overview of his agency’s application of the software. He also made note of several other local governmental agencies utilizing the software. Staff then reviewed the costs for implementation and annual maintenance and offered to schedule a demo at a future Board meeting. Discussion followed regarding associated costs, possible alternate solutions, staff’s impression of the software, and the potential for enhanced public engagement. Director Hall briefly demonstrated another agency’s OpenGov installation. The group also discussed staff’s time to produce current financial reports versus estimated time using OpenGov and concerns related to the California Public Records Act. Staff will invite an OpenGov representative to provide a presentation at the April 24, 2018 regular Board meeting. 5.1. Proposed Capital Improvement Plan and Capital Outlay, Volumetric Water Revenue, Variable Expenses, and Supplies and Services for Fiscal Year 2019 Draft Budget Staff identified budgetary topics to be discussed during this workshop and future workshops. Staff then reviewed variable cost assumptions for FY19, historical water production and rainfall trends, and projected water production for FY19. Information regarding historical and projected variable costs and volumetric revenue, and the financial impact of a potential reduction in water production was also presented. The group then discussed historical and projected expenses for supplies and services, budget to budget variances, and elements of the District’s Capital Improvement Plan (CIP). Minutes of the YLWD Board of Directors Workshop Meeting Held April 3, 2018 at 4:30 p.m. 3 2018-XXX During the presentation staff was instructed to: • investigate the possibility of capitalizing costs associated with environmental mitigation efforts for the Hidden Hills Reservoir; • look into reducing expenses for District activities and events; • reflect removal of expenses for bench-scale testing from professional services to CIP; and • provide an itemized listing of conferences and events included in the Board of Directors’ FY19 budget. Staff noted that a representative from Carollo Engineering would be present at the April 24, 2018 regular meeting to present the preliminary results of the Asset Management Plan update. 6. ADJOURNMENT 6.1. The meeting was adjourned at 7:11 p.m. Annie Alexander Board Secretary ITEM NO. 7.3 AGENDA REPORT Meeting Date: April 10, 2018 Budgeted:Yes To:Board of Directors Cost Estimate:$1,358,730.63 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 $1,358,730.63. DISCUSSION: The items on this disbursement list includes: A wire of $666,782.60 to US Bank for 2017A revenue bond interest payment; a wire of $53,189.19 to So. California Edison for February 2018 electricity charges at multiple locations; a check of $115,828.75 to Bakersfield Well & Pump Co. for Well #22 drilling final progress payment; and a check $43,400.00 to Robotic Sewer Solutions Inc. for 33 sewer line repairs. The balance of $196,781.70 is routine invoices. The Accounts Payable check register total is $1,075,982.24; Payroll No. 06 total is $282,748.39 and the total of all listed disbursements for this agenda report is $1,358,730.63. A summary of the disbursements is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. ATTACHMENTS: Name:Description:Type: 18-CS_0410.pdf Cap Sheet Backup Material CkReg041018.pdf Check Register Backup Material 18_CC_0410.pdf Credit Card Summary Backup Material Summary of Disbursements April 10, 2018 CHECK NUMBERS & WIRES: Computer Checks 71958—72022 $ 356,010.45 ____________ $ 356,010.45 WIRES: W 032218 So. California Edison $ 53,189.19 W032818 US Bank $ 666,782.60 ____________ $ 719,971.79 TOTAL OF CHECKS & WIRES $1,075,982.24 PAYROLL NO. 06: Direct Deposits $ 184,249.88 Third Party Checks 6910—6921 $ 21,584.74 Payroll Taxes $ 48,078.23 EFT – CalPERS Payroll #06 $ 28,835.54 $ 282,748.39 TOTAL OF PAYROLL S $282,748.39 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $1,358,730.63 ================================================================== APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF APRIL 10, 2018 ==================================================================. Check No.Date Vendor Name Amount Description 71973 04/10/2018 A & Y Asphalt Contractors Inc.20,777.00 ASPHALT PAVING - 41 LOCATIONS 71969 04/10/2018 AGB-American Geophysical Brokerage 3,445.00 SEISMIC TESTING - MULTIPLE LOCATIONS 71970 04/10/2018 Annie Alexander 10.09 OFFICE SUPPLIES - REIMBURSEMENT 71971 04/10/2018 Aqua-Metric Sales Co.12,449.62 OPERATION WORK MATERIAL 72022 04/10/2018 Aramark 387.36 UNIFORM SERVICE 71972 04/10/2018 Autoscribe Corporation 815.75 PAYMENT VISION GATEWAY 71974 04/10/2018 Bakersfield Well & Pump Company 115,828.75 J09-22#22 - WELL 22 DRILLING - FINAL PROGRESS PAYMENT 71975 04/10/2018 Brithinee Electric 590.60 EQUIPMENT - BALDOR MOTOR 71980 04/10/2018 C. Wells Pipeline 5,135.82 HYDRANT REPAIR PARTS AND TOOLS & EQUIPMENT 71976 04/10/2018 CalCard US Bank 14,329.44 CREDIT CARD TRANSACTIONS - MARCH 2018 71977 04/10/2018 Carollo Engineers 20,349.60 J17-15 - PROFESSIONAL SERVICES - FEBRUARY 2018 71978 04/10/2018 CDM Smith 37,499.04 J09-22#22 - PROFESSIONAL ENGINEER SERVICES 71979 04/10/2018 CDW Government, Inc 1,585.09 EQUIPMENT - PRINTER 71962 04/10/2018 CINDY KAWAJA 26.05 CUSTOMER REFUND 71960 04/10/2018 CLAUDIA NAFFZIGER 69.43 CUSTOMER REFUND 71981 04/10/2018 Eisel Enterprises, Inc.414.84 METER BOX & LIDS 71982 04/10/2018 Fairway Ford Sales, Inc.1,299.11 VEHICLE MAINTENANCE - UNIT #176, #197 & #200 71983 04/10/2018 Fleet Services, Inc 1,562.04 VEHICLE MAINTENANCE - UNIT #197 71984 04/10/2018 Fry's Electronics 7.53 IT HARDWARE SUPPLIES 71985 04/10/2018 Graybar Electric Co 198.34 200 FT FIBERGLASS NON CONDUCTIVE TAPE 71986 04/10/2018 Harrington Industrial 27.97 CL2 PARTS 71987 04/10/2018 Hydrex Pest Control 175.00 PEST CONTROL 71988 04/10/2018 Infosend Inc.15,021.07 BILLING & POSTAGE - CUSTOMER BILLING 71991 04/10/2018 J & S Construction 1,900.00 REMOVE & REPLACE APRROX 15 LF CURB/GUTTER 71989 04/10/2018 Jackson's Auto Supply - Napa 358.99 VEHICLE MAINTENANCE - UNIT #157, #197 & #210 71990 04/10/2018 Jeremy Smith 31.30 3 DZ DOUGHNUTS - OPS SAFETY MEETING - REIMBURSEMENT 71963 04/10/2018 JOHN CLAMPITT 225.00 CUSTOMER REFUND 71961 04/10/2018 JOSEPH HORTON 193.33 CUSTOMER REFUND 71992 04/10/2018 Kimball Midwest 388.13 MECHANIC SHOP SUPPLIES 71993 04/10/2018 Konica Minolta Business 2,725.79 LEASE AND COPY CHARGES - C258 & C558 71994 04/10/2018 Lancab, Inc.1,514.18 TROUBLESHOOT & REPAIR - CAMERA 71996 04/10/2018 Marc Marcantonio 102.19 MILEAGE REIMBURSEMENT- FEBRUARY 2018 71995 04/10/2018 MARS COMPANY 1,480.54 TOOL & EQUIPMENT 71997 04/10/2018 Mc Fadden-Dale Hardware 439.74 HARDWARE SUPPLIES 71998 04/10/2018 Mc Master-Carr Supply Co.74.65 MECHANIC SHOP SUPPLIES 71999 04/10/2018 MISCO 1,487.07 CL2 REPLACEMENT PARTS 72000 04/10/2018 Mouse Graphics 3,542.82 GRAND FORMAT PRINTS 72001 04/10/2018 Nickey Kard Lock Inc 5,939.15 FUEL - 03/01/18 - 03/15/18 71967 04/10/2018 O'DONNELL CONSTRUCTION 927.50 CUSTOMER REFUND 72002 04/10/2018 Office Solutions 1,157.70 OFFICE & PRINTER SUPPLIES 72005 04/10/2018 P.T.I. Sand & Gravel, Inc.1,278.67 ROAD MATERIAL 71959 04/10/2018 PAUL GOLOVKIN 53.87 CUSTOMER REFUND 72003 04/10/2018 Powerstride Battery 433.96 VEHICLE MAINTENANCE - UNIT #144, #176, & #215 72004 04/10/2018 Praxair Distribution 236.67 WELDING SUPPLIES 72006 04/10/2018 Realtech Controls 122.75 ELECTRICAL SUPPLIES 71965 04/10/2018 ROBERT KUGH 53.89 CUSTOMER REFUND 72007 04/10/2018 Robotic Sewer Solutions Inc 43,400.00 SEWER LINE REPAIRS - 33 REPAIRS 72008 04/10/2018 Robyn Hollinshead 945.21 TRAVEL EXPENSE - VISUAL STUDIO 2017 72011 04/10/2018 S&J Supply Co.1,930.45 OPERATION WORK MATERIAL 72009 04/10/2018 Safelite Autoglass 234.33 VEHICLE MAINTENANCE - UNIT #186 71968 04/10/2018 Sam Kazerooni 992.50 CUSTOMER REFUND 72010 04/10/2018 Sanders Paving, Inc.6,518.75 CONCRETE REPAIR - 4444 PLUMOSA & 6300 GALLAS WAY 71964 04/10/2018 SELECT PORTFOLIO SERVICING INC 368.71 CUSTOMER REFUND 71966 04/10/2018 SHAUN R KARLSON 46.11 CUSTOMER REFUND 72012 04/10/2018 Snap-on Incorporated 51.28 MECHANIC SHOP SUPPLIES W032218 03/22/2018 So. California Edison 53,189.19 ELECTRICITY CHARGES - MULTIPLE LOCATIONS - FEBRUARY 18 72013 04/10/2018 Solarwinds Inc.3,571.00 SOFTWARE LICENSE RENEWALS 71958 04/10/2018 STEVEN HOBSON 22.78 CUSTOMER REFUND 72014 04/10/2018 Switch Ltd 569.87 DATA HOSTING - COLOCATION 72015 04/10/2018 Time Warner Cable 2,943.62 T10MB DEDICATED ACCESS AND INTERSTATE ETHERNET W032818 03/28/2018 U S Bank 666,782.60 2017A BOND INTEREST - MARCH 2018 72018 04/10/2018 U S Postal Service(Hasler)2,500.00 REPLENISH FUNDS - POSTAL METER 72016 04/10/2018 United Industries 941.94 PPE EQUIPMENT Yorba Linda Water District Check Register For Checks Dated: 03/28/2018 thru 04/10/2018 72019 04/10/2018 United Water Works, Inc.6,199.37 OPERATION WORK MATERIAL 72017 04/10/2018 UNUM Life Insurance Co. of America 4,469.23 LIFE,AD&D, STD & LTD-APR18 72020 04/10/2018 Westside Building Material 83.38 MISCELLANEOUS WAREHOUSE PARTS 72021 04/10/2018 YO Fire 3,549.49 OPERATION WORK MATERIAL 1,075,982.24 03/22/2018 PAYROLL #06 - EMPLOYEE DIRECT DEPOSIT 184,249.88 03/22/2018 PAYROLL #06 - PAYROLL TAX PAYMENT 48,078.23 03/22/2018 PAYROLL #06 - CALPERS EFT 28,835.54 6910 3-22-2018 COLONIAL LIFE 107.10 6911 3-22-2018 FLEX ADVANTAGE 2479.09 6912 3-22-2018 LINCOLN FINANCIAL GROUP 5,501.21 6913 3-22-2018 NATIONWIDE RETIREMENT SOLUTIONS 8,677.96 6914 3-22-2018 GARNISHMENT 231.00 6915 3-22-2018 CA STATE DISBURSEMENT UNIT 366.92 6916 3-22-2018 CA STATE DISBURSEMENT UNIT 339.69 6917 3-22-2018 CA STATE DISBURSEMENT UNIT 384.92 6918 3-22-2018 AMERICAN HERITAGE LIFE INSURANCE 1,552.02 6919 3-22-2018 MIDLAND LIFE INSURANCE 200.00 6920 3-22-2018 RELIANCE DI 60.15 6921 3-22-2018 AMERITAS 1,684.68 282,748.39 Payroll Checks #06 Vendor Name Amount Description Amazon.com 46.87 Office supplies DJI 129.00 Mobile video stabilizer unit 11X17 Inc.396.00 (36) Binders for ATLAS - Water & Sewer Amazon.com 28.04 (10) CISCO Handset grey cords - VOIP Dropbox Inc.99.00 DROPBOX Subscription - 1 year Amazon.com 39.90 Jaco roadpro tire inflator Amazon.com 27.70 (10) CISCO Handset grey cords - VOIP Hollinger - Metal Edge 255.78 Archival supplies Amazon.com 82.09 Employee recognition award Amazon.com 39.83 Cell phone supplies AWWA - CA-NV Section 850.00 Travel expense - AWWA Conference - Dir. Miller Orange County Water Assn.-Dues 45.00 OCWA Luncheon Home Depot 191.37 Electrical supplies Home Depot 189.70 Supplies for Camino de Bryant project - J2017-33 Harrington Industrial 156.28 CL2 parts - Camino de Bryant project - J2017-33 ACWA-Assn Of Ca Water Agencies 699.00 Travel expense - ACWA Spring Conference - Barbre, B Municipal Water District 1,600.00 Table Sponsor - OC Water Summit (8) seats Fuller Truck Accessories 43.10 Tool box gas spring Orchard Supply Hardware 192.48 Electrical supplies - Facilities Amazon.com 4.48 CL2 replacement parts Smart & Final 79.50 Supplies - All Hands Meeting & S. Conklin's retirement Walmart 12.36 Supplies - All Hands Meeting & S. Conklin's retirement Municipal Water District 320.00 Registration - MWDOC policy forum - (3) Directors & Marcantonio Southwest Airlines 317.96 Travel expense - ACWA Spring Conference - Dir. Jones Southwest Airlines 241.96 Travel expense - AWWA Annual Conference - Dir. Jones Southwest Airlines 241.96 Travel expense - AWWA Annual Conference - Dir. Nederhood Southwest Airlines 212.97 Travel expense - ACWA Spring Conference - Dir. Nederhood Marie Callendar's Restaurant 29.98 Supplies - All Hands Meeting & S. Conklin's retirement Michaels Arts & Crafts, Brea #2111 13.46 Office supplies Best Value Tire & Wheel 20.00 Flat repair & balancing - Unit #216 Best Value Tire & Wheel 103.16 Tire mount and balance - Unit #200 Home Depot 96.29 Landscape supplies & equipment Grainger 284.28 Electrical supplies - Facilities Southwest Airlines 256.95 Travel expense - SWRCB hearing - Marcantonio Southwest Airlines 216.96 Travel expense - ACWA Spring Conference - Marcantonio Government Finance Officers 85.00 Webinar - Capital budget Home Depot 38.27 Supplies for Camino de Bryant project - J2017-33 Home Depot 212.27 (56) bags of quickrete Orchard Supply Hardware 80.68 Hardware supplies - Facilities Red Wing Shoe Store 200.00 Safety boots - LOPEZ, J Moreno's 300.00 Deposit - Employee appreciation Christmas dinner Dick's Sporting Goods 19.37 PPE Equipment Sherwin Williams 626.85 Paint for Wells Light Bulbs Etc 193.30 Light bulbs replacement - Facilities Home Depot 162.35 Parts - sampling station Home Depot 30.60 (10) SCH 40 conduit - sampling station Orchard Supply Hardware 5.38 Hardware supplies Home Depot 89.58 Electrical supplies - Finance Conference room STEER INN 271.30 Engineering department lunch - 11 attendees Online Information Services 417.66 Online utility exchange report & collection transactions Placentia Disposal 605.24 (2) front loads - Richfield Rd. Home Depot 133.61 Supplies for Camino de Bryant project - J2017-33 Costco 159.08 Breakroom supplies KB Design 1,670.40 Uniforms - YLWD tapping team The Toll Roads of OC 7.08 Toll road fee - training at Laguna Water District Dan Copp Crushing Corp.400.00 Road material disposal Home Depot 48.38 SOD - Landscape repair Orchard Supply Hardware 32.83 Electrical supplies - Facilities Home Depot 212.86 Electrical supplies - Facilities Sherwin Williams 763.94 Paint - Various buildings and wells 14,329.44 Cal Card Credit Card U S Bank ITEM NO. 7.4 AGENDA REPORT Meeting Date: April 10, 2018 Budgeted:Yes Total Budget:47000 To:Board of Directors From:Marc Marcantonio, General Manager Account No:1-7020-0690-30 Presented By:Gina Knight, HR/Risk and Safety Manager Dept:Human Resources/Risk Management Prepared By:Gina Knight, HR/Risk and Safety Manager Subject:ACWA-JPIA Property Program Renewal Invoice SUMMARY: The District received the ACWA-JPIA Property Program Renewal invoice for the period April 1, 2018 through March 31, 2019. STAFF RECOMMENDATION: That the Board of Directors authorize payment to ACWA-JPIA in the amount of $46,368 for renewal of the District's property insurance coverage for the period April 1, 2018 through March 31, 2019. DISCUSSION: The District acquires its property insurance through the Association of California Water Agencies - Joint Powers Insurance Authority (ACWA-JPIA). The District also obtains workers compensation and general liability insurance coverage through the ACWA-JPIA and receives a multiple program discount of 5%. This year's multiple program discount for the property insurance was $2,440. The District pays its Property Program Renewal invoice annually to ACWA-JPIA. After applying the discount, the total premium for the period April 1, 2018 through March 31, 2019 is $46,368. The premium for the previous year was $45,708. This year the District's Property Program policy includes the following enhancements: $500 million per occurrence limit, increased from $150 million Business interruption limit $25 million, increased from $1 million This year's invoice is based on values and items listed on the property schedule from December 2017. ATTACHMENTS: Name:Description:Type: 2018_Property_Insurance_Invoice.pdf 2018 Property Program Renewal Backup Material Property Program Renewal Billing for Member#Y002 4/11/2018 - 4/1/2019 Yorba Linda Water District P.O. Box 309 Invoice Date: 3/21/2018 Yorba Linda, CA 92885-0309 Basic Property Total Rate Premium Buildings Value $14,069,210 X 0.00081 $11,396 Fixed Equipment Value $12,281,679 X 0.00081 $9,948 Personal Property Value $2,564,865 X 0.00081 $2,078 $28,915,754 X 0.00081 = $23,422 Credit for$1,000 Deductible Amount - $0 Mobile Equipment Mobile Equipment Value $230,825 X 0.001215 = $280 Credit for$1,000 Deductible Amount - $0 Licensed Vehicle Comprehensive and Collision Count Value Rate Premium 1.All Other 32 $2,880,171 X 0.006885 = $19,830 2.Light Truck 37 X $124 = $4,588 3.Passenger Car 0 X $106 = $0 4.SUV/Jeep 3 X $148 = $444 5.Van 2 X $122 = $244 Total Vehicle Premium = $25,106 Credit for$500 Deductible Amount - $0 Catastrophic Coverage Total Rate Premium Unscheduled Vehicle Value $0 X 0.00130 = $0 Credit for$1,000 Deductible Amount - $0 Sub Total $48,808 JPIA Multiple Program Discount(5%) - ($2,440) Deposit Premium = $46,368 Premium Adjustment + $0 Total Amount Due = $46,368 PAYMENT DUE WITHIN 30 DAYS ITEM NO. 7.5 AGENDA REPORT Meeting Date: April 10, 2018 Budgeted:Yes Total Budget:$2,500,000 To:Board of Directors Cost Estimate:$576,927.00 Funding Source:All Water Funds From:Marc Marcantonio, General Manager Job No:J2009-22 #22 Dept:Engineering Reviewed by Legal:N/A Prepared By:Bryan Hong, Water Quality Engineer CEQA Compliance:MND Subject:Request to File Notice of Completion for Well 22 Drilling Project SUMMARY: Construction is complete on the Well 22 Drilling Project. Submitted for consideration is a request for authorization to file the Notice of Completion for the project. STAFF RECOMMENDATION: That the Board of Directors authorize staff to file the Notice of Completion for construction of the Well 22 Drilling Project, Job No. J2009-22 #22. DISCUSSION: Construction is complete on the Well 22 Drilling Project. The project included well drilling and development of Well 22 located on OCWD property at the south end of Fee Ana Street. The status of the construction contract with Bakersfield Well & Pump Company is as follows: The original construction contract was approved by the Board of Directors for $676,629.90 and 100 calendar days. The final construction contract amount is $576,927.00. Certain bid items, such as aquifer isolation zone testing, borehole abandonment, and standby time, were not required during construction and removed from the project. This resulted in the project being completed under budget by $99,702.90. All work has been completed in accordance with the contract documents and to the satisfaction of District staff; accordingly, staff requests authorization to file and proceed with recordation of the Notice of Completion. PRIOR RELEVANT BOARD ACTION(S): On October 10, 2017, the Board of Directors awarded a construction contract in the amount of $676,629.90 to Bakersfield Well & Pump Company for the Drilling of Well 22. ITEM NO. 7.6 AGENDA REPORT Meeting Date: April 10, 2018 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Authorization of Director Attendance at Conferences, Seminars, and Special Events SUMMARY: The Board routinely authorizes Director attendance at meetings and events for the purposes of compensation. STAFF RECOMMENDATION: That the Board of Directors approve Director attendance at the YL Chamber of Commerce First Responders Appreciation Breakfast on April 25, 2018. ATTACHMENTS: Name:Description:Type: YL_CoC_Event.pdf Backup Material Backup Material R of cD First Responders Appreciation Breakfast The Yorba Linda Chamber of Commerce will be honoring our local Sheriff's Deputies, Firefighters and Emergency Ambulance Services for all their support and dedication. Presale $20 through April 17th/ After $25 Sponsor one or more First Responders, at a cost of $20.00 per person. info@yorbalindachamber.com (714) 993--9537 - - • 17670 Yorba Linda Blvd. Yorba Linda, CA 92886 • ' • Register on our website at yorba I i nda cha m ber.org i FIRI E CO 0 Yorba Linda '° Water District a" � .V, iCFinItC� YEARS of SERVICE ITEM NO. 8.1 AGENDA REPORT Meeting Date: April 10, 2018 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Gina Knight, HR/Risk and Safety Manager Dept:Human Resources/Risk Management Prepared By:Vivian Lim, Human Resources Analyst Subject:Amending Employee Compensation Letters to Add Acting Pay Provisions for Unrepresented Employees STAFF RECOMMENDATION: That the Board of Directors: (1) adopt Resolution No. 18-07 amending Exhibit A of the Employee Compensation Letter (Resolution No. 15-07) to add Acting Pay provisions for Professional and Confidential employees for the remainder of Fiscal Years 2015-2018. (2) adopt Resolution No. 18-08 amending Exhibit A of the Employee Compensation Letter (Resolution No. 15-08) to add Acting Pay provisions for Management employees for the remainder of Fiscal Years 2015- 2018. DISCUSSION: At the request of the General Manager, Marc Marcantonio, staff was instructed to incorporate an Acting Pay provision from the Personnel Rules into the Employee Compensation Letters for both Management and Professional and Confidential employee groups that would eliminate the 30 day waiting period before an employee serving in an acting capacity can be compensated for those additional duties performed while in an acting status. With the elimination of the 30 day waiting period, acting pay will be effective when the appointment begins. Attached to this report are redline copies of the proposed amendments and the corresponding resolutions and exhibits. ATTACHMENTS: Name:Description:Type: PC_Acting_Pay_-_Track_Changes.pdf Backup Material Backup Material Resolution_No._18-07_-_Amend_PC_Exhibit_A.docx Resolution Resolution Resolution_No._18-07_-_Exhibit_A.docx Exhibit Exhibit ME_Acting_Pay_-_Track_Changes.pdf Backup Material Backup Material Resolution_No._18-08_-_Amend_ME_Exhibit_A.docx Resolution Resolution Resolution_No._18-08_-_Exhibit_A.docx Exhibit Exhibit Professional and Confidential Employees Compensation Letter FYs 2015-2018 has qualified for and been issued a State Water Resources Control Board (SWRCB) Distribution or Treatment and/or California Water Environment Association (CWEA) Collection Certificate(s) which has been determined in the sole discretion of the General Manager to be relevant to the employee’s duties and which is other than a certificate that is a job requirement. The $150.00 payment shall apply for any Distribution, Treatment and/or Collection Certificates issued by the SWRCB or CWEA that are required above and beyond the required certification for a specific classification within the District and shall be issued during each year in which the applicable certificate(s) remains valid and remains other than a certificate which is a job requirement. The table below identifies the positions that require specific State of California Certifications. Classification Req’d Treatment Req’d Distribution Req’d Collection SCADA Administrator T2 D3 Sr. Construction Inspector D2 Water Maintenance Superintendent D5 Water Production Superintendent T2 D5 Water Quality Engineer D3 XXVIII. Acting Pay - Upon recommendation of the Department head and Human Resources/Risk and Safety Manager, the General Manager may temporarily appoint an employee to assume the duties of a higher job classification and shall be designated as "Acting." An employee who is designated as acting shall receive a minimum increase to the step closest to 5% above the step held by the employee immediately prior to the acting position, or shall be placed on Step 1 of the range established for the acting position, whichever is higher; however, the employee's rate shall not exceed Step 11 of the range established for the acting position at any time. An employee shall receive acting pay until officially released of those duties with the following conditions: a. Compensation shall be requested in writing, outlining the circumstances, and is subject to the approval of the Human Resources/Risk and Safety Manager. b. Acting pay will be effective when the acting appointment begins. Professional and Confidential Employees Compensation Letter FYs 2015-2018 c. An employee shall receive acting pay for a maximum of twenty-six (26) consecutive pay periods. Under special circumstances, the General Manager may authorize an extension to meet the needs of the District. d. If the employee is scheduled to receive a merit increase for the position in which he/she normally fills while serving in an acting status, the necessary forms shall be completed to document such increase, and such increase shall be implemented upon completion of acting status. e. The employee's merit increase date shall not be affected by acting status unless he/she is appointed to the position in which he/she was acting. If such, his/her review date shall be adjusted to coincide with the date he/she started in the Acting position or as provided in Section 4.12.g. f. If the employee is scheduled to receive any type of payout that was earned for the position in which he/she normally fills while serving in an acting status, the employee shall be paid out at the rate of pay equivalent to the position in which he/she normally fills. g. If an employee who is receiving acting pay is promoted to permanently fill the position in which he/she is acting, the date from which the employee began receiving acting pay shall be credited to the employee's total time worked in the position. Following the promotion, the employee's merit increase, if applicable, will be awarded at the conclusion of the promotional probationary period (including all time he/she was receiving acting pay). All subsequent merit increases will be awarded upon completion of twenty-six (26) complete pay periods. h. Where an employee continues to perform the job duties for the position he/she normally fills, acting pay shall not be reported to CalPERS as special compensation, and therefore is not compensation earnable pursuant to California Public Employees’ Retirement System (CalPERS) Regulations, Section 571. XXVIII.XXIX. The term of this Compensation Letter for Professional and Confidential Employees is for the period of July 1, 2015 to June 30, 2018. ___________________________ ______________________ Marc Marcantonio Date General Manager Resolution No. 18-07 Amending Exhibit A of the Professional and Confidential Employees Compensation Letter 1 RESOLUTION NO. 18-07 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING EXHIBIT A OF THE PROFESSIONAL AND CONFIDENTIAL EMPLOYEES COMPENSATION LETTER TO ADD ACTING PAY PROVISIONS FOR THE REMAINDER OF FISCAL YEARS 2015-2018 WHEREAS, the Board of Directors of the Yorba Linda Water District previously adopted the Employee Compensation Letter for Supervisory and Confidential Employees for Fiscal Years 2015-2018 (Resolution No. 15-07); and WHEREAS, the Board of Directors subsequently adopted Resolution No. 17-36 amending Exhibit A and E of the Employee Compensation Letter (Resolution No. 15-07) to rescind the At-Will Employment provision and modify the Pay Plan for Professional and Confidential (formerly Supervisory and Confidential) Employees for the remainder of Fiscal Years 2015-2018; and WHEREAS, it is the desire of the Board of Directors to further amend Exhibit A of the Employee Compensation Letter (Resolution No. 15-07) in order to add Acting Pay provisions for Professional and Confidential Employees for the remainder of Fiscal Years 2015-2018. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That Exhibit A - Professional and Confidential Employee Compensation Letter of Resolution No. 15-07 be amended to read as attached hereto and by this reference incorporated herein effective March 26, 2018. Resolution No. 18-07 Amending Exhibit A of the Professional and Confidential Employees Compensation Letter 2 PASSED AND ADOPTED this 10th day of April, 2018, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Al Nederhood, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP Exhibit A Resolution No. 15-07 Employee Compensation Letter And Pay Plans for Professional and Confidential Employees Fiscal Years 2015-2018 I. The General Manager shall prepare an Employee Compensation Letter for the Board of Directors’ consideration. The Employee Compensation Letter shall describe the salaries, benefits and special conditions offered by the District to its Professional and Confidential Employee Group (Exhibit B). II. Effective July 1, 2015, the salary schedule attached hereto as Exhibit C shall be in effect for fiscal year 2015-2016 (reflecting a 2.5% base salary increase). III. Effective July 1, 2016, the salary schedule attached hereto as Exhibit D shall be in effect for fiscal year 2016-2017 (reflecting a 2% base salary increase). IV. Effective July 1, 2017, the salary schedule attached hereto as Exhibit E shall be in effect for fiscal year 2017-2018 (reflecting a 2% base salary increase). V. The District’s current contract with CalPERS is for a retirement benefit based on the single highest year with a Fourth Level of 1959 Survivor Benefit Program. The District has three tiers for retirement benefits: a. Tier 1 applies to District employees hired prior to January 26, 2012; b. Tier 2 applies to District employees hired between January 26, 2012 and December 31, 2012 and any District employees hired on or after January 1, 2013 who are defined as “classic members” under the Public Employees’ Retirement Law (PERL); and c. Tier 3 applies to District employees hired on or after January 1, 2013 who are defined as “new members” under the PERL. 1. Tier 1 and Tier 2 employees Tier 1 employees are enrolled in the 2% at 55 retirement formula. Tier 2 employees are enrolled in the 2% at 60 retirement formula. Tier 1 and Tier 2 employees pay the full employee contribution rate which is 7% of pensionable compensation. 2. Tier 3 employees Professional and Confidential Employees Compensation Letter FYs 2015-2018 Professional and Confidential Employees hired on or after January 1, 2013 who are “new members” as defined in the Public Employees’ Pension Reform Act of 2013 (PEPRA) are provided the following retirement benefits: 2.5% at 67 benefit formula with a three year (36 month) final compensation period. Employees may designate the highest 36 month period. Tier 3 employees shall individually pay an initial CalPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said newly hired employee is enrolled rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. VI. The District shall continue to maintain a "414(h)(2)" plan under the Internal Revenue Code for the purpose of treating contributions to CalPERS as deferred income for tax purposes to the extent permitted by law. Contributions will continue to be deducted from the employee's actual gross salary as reflected on the employee's pay stub. Employees shall otherwise be responsible for all taxes related to fringe and reimbursement benefits and the District shall make deductions in accordance with the law. VII. Effective November 14, 2017, the District will implement a thirteen (13) step salary schedule with a 2.5% salary difference between steps replacing the District’s previous eleven (11) step salary schedule. Subsequent movement on the salary schedule is based on merit as follows: Evaluation process Each employee shall be reviewed annually on a one-year interval. Effective July 1, 2016, the District will implement a new five-rating performance evaluation with the following ratings: Unsatisfactory, Needs Improvement, Meets Expectations, Exceeds Expectations, and Outstanding. An employee who receives an overall rating Exceeds Expectations and with no Unsatisfactory and no more than two (2) Needs Improvement ratings on their evaluation shall be entitled to move one (1) step. An employee who receives an overall rating of Outstanding with no Unsatisfactory and no Needs Improvement ratings on their evaluation shall move two (2) steps. Movement shall take place until an employee has reached step 13. The District shall endeavor to have performance reviews completed by the employee’s anniversary date with the effective date of the merit salary increase being on the anniversary date. If the evaluation is delayed, any subsequent salary increase to which the employee is entitled as a result of the performance review rating shall be retroactive to the anniversary date. VIII. Professional and Confidential Employees shall accrue vacation leave time with pay as follows: Professional and Confidential Employees Compensation Letter FYs 2015-2018 Duration of Continuous Regular Employment Hours Accrued per Pay Period During 1st through 60th month (0-5 yrs) 3.077 hrs = 2.0 wks/yr During 61st through 120th month (5-10 yrs) 4.615 hrs = 3.0 wks/yr During 121st through 180th month (10-15 yrs) 5.384 hrs = 3.5 wks/yr During 181st through 240th month (15-20 yrs) 6.153 hrs = 4.0 wks/yr During 241st month and thereafter (20+ yrs) 6.922 hrs = 4.5 wks/yr IX. The District shall continue to provide group life insurance in the amount of one times basic annual salary rounded to the next higher multiple of $1,000, for each full-time regular Professional and Confidential Employee under age 70, on the first day of the month following date of hire, in accordance with the provisions of the contract between the District and any company of the District's choosing providing such coverage. Professional and Confidential Employees may purchase additional life insurance coverage up to $300,000 by authorizing the additional premium to be deducted from their salary. In addition, a Professional and Confidential Employee can purchase life insurance for their spouse up to half of the employee’s coverage level. Some medical restrictions may apply. X. The District shall pay 100% of the premium for hospital and medical insurance for all Professional and Confidential Employees who work in excess of 30 hours per week, effective the first of the month following date of hire and ⅔ of the additional premium toward Professional and Confidential Employee dependent coverage for covered employees with one or more dependents in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Professional and Confidential Employee shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. XI. The District shall pay 100% of the premium for dental insurance for all Professional and Confidential Employees who work in excess of 30 hours or more per week, effective the first of the month following date of hire and ⅔ of the additional premium toward Professional and Confidential Employee dependent coverage for covered Professional and Confidential Employees with one or more dependents in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Professional and Confidential Employee shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. XII. The District shall pay 100% of the premium for vision insurance for Professional and Confidential Employees who work in excess of 30 hours or more per week, effective the first of the month following date of hire and ⅔ of the additional premium toward dependent coverage for covered Professional and Confidential Professional and Confidential Employees Compensation Letter FYs 2015-2018 Employees with one or more dependents in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Professional and Confidential Employee shall pay the cost of the difference in premium, to be deducted from their salary to cover the employee’s ⅓ share of the dependent coverage. XIII. For Professional and Confidential Employees who are employed by the District prior to December 8, 2011, and subject to carrier approval, the District shall pay the amounts provided in paragraphs XI, XII and XIII of this agreement for a period of time which is equivalent to one (1) year or pro ration thereof on a monthly basis for each three (3) years of service to the District or pro ration thereof on a quarterly basis. To be eligible for this benefit, the employee must be at least 50 years of age, must have five (5) complete consecutive years of service with the District, must provide ninety (90) days’ notice of intent to retire, retire from the District in good standing and remain in a retired status. The retired Professional and Confidential Employee must make any contribution required of a regular Professional and Confidential Employee pursuant to paragraphs XI, XII and XIII prior to the first day of the month in which coverage is to be extended. Failure of a Professional and Confidential Employee to make such payment shall result in termination of coverage and termination of any right to any benefit pursuant to this section. When the Professional and Confidential retiree or their spouse reaches age 65 and is eligible for Medicare, the coverage provided by the District shall become secondary to Medicare for the remainder of the benefit period. Professional and Confidential Employees hired on or after December 8, 2011 shall be ineligible to receive this benefit. XIV. A Professional and Confidential Employee who retires (in accordance with the Public Employees' Retirement System qualifications) shall be paid at the rate of their final salary for ⅜ of their accumulated days of sick leave, if any, at the time of separation from active employment. The remaining ⅝ of their accumulated days of sick leave will be converted into CalPERS service credit. XV. Professional and Confidential Employees who are laid off from District employment after being employed by the District for five (5) or more complete consecutive years of regular employment, shall be compensated for accumulated, unused sick leave above 400 hours as follows: Professional and Confidential Employees Compensation Letter FYs 2015-2018 YEARS PERCENT PAYABLE ABOVE 400 HOURS ON THE BOOKS 5 through 9 20% 10 through 15 25% 16 through 20 and above 30% Employees who are terminated from the District for cause, or who resign in lieu of termination, shall not be eligible for this benefit. XVI. The District shall provide a long-term disability plan for Professional and Confidential Employees which has a 90-day elimination period and provides 66 ⅔% of an employee’s monthly pre-disability earnings to a maximum of $7,000 per month for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. XVII. The District shall provide a short-term disability plan for Professional and Confidential Employees which has a twenty-nine (29) day elimination period up to an employee’s eligibility for long-term disability and provides 66 ⅔% of an employee’s weekly pre-disability earnings to a maximum of $1,500 per week for a designated period of nine (9) weeks in accordance with coverage procured by the District from a carrier to be determined at the District’s sole discretion. XVIII. The District will match dollar for dollar not to exceed 2% salary earned per payroll period of a Professional and Confidential Employee’s salary or the employee’s actual amount of deferred compensation per payroll period, whichever amount is lesser. XIX. Professional and Confidential Employees shall continue to be assigned to a four (4) day workweek, consisting of ten (10) scheduled hours of work each day (a 4/10 schedule Monday through Thursday). The Board of Directors clearly and unequivocally has the right to terminate the 4/10 schedule at any time during the term of this Employee Compensation Letter. In such case, the schedule shall revert to the 9/80 schedule as existed immediately prior to implementation of the 4/10 schedule. XX. In situations where a Professional and Confidential Employee has been injured in a non-duty accident and their disability leave exceeds thirty (30) calendar days, their merit review and anniversary dates will be adjusted accordingly for that portion of leave exceeding thirty (30) calendar days. XXI. The District established a cafeteria plan under Section 125 of the Internal Revenue Code. Employees can voluntarily participate in both tax advantage flexible benefit and dependent care plans. Employees can elect to deduct up to an annual maximum of $2,000 towards the flexible benefit plan and/or an annual maximum of $5,000 towards the dependent care plan from their paychecks over twenty-four (24) pay periods per calendar year. The cafeteria plan will allow Professional and Professional and Confidential Employees Compensation Letter FYs 2015-2018 Confidential Employees to convert their share of insurance premiums, un- reimbursed medical expenses, child care and other qualifying expenditures to pretax dollars. XXII. The District shall reimburse Professional and Confidential Employees for sums paid to the appropriate agencies for obtaining or renewing treatment and/or distribution certificates and other professional certifications, registrations and job related training. XXIII. Professional and Confidential Employees who are required to wear safety boots in the performance of their job, as determined by the General Manager, shall be eligible for District-purchased boots in an amount not to exceed $200.00 each fiscal year. Safety footwear must meet American National Standards Institute (ANSI) minimum compression and impact performance standards in ANSI Z41- 1991 or provide equivalent protection. At the end of the current fiscal year, any unused funds shall not carry over into the next fiscal year. XXIV. The District shall provide pre-approved educational reimbursement to Professional and Confidential Employees for costs of tuition, fees, books and parking relating to educational courses directly related to an employee’s essential job duties for the employee’s present work classification as approved in advance by the General Manager and the Human Resources/Risk Manager. As education reimbursement each fiscal year, employees may receive up to the equivalent of one year’s full- time tuition at California State University for an in-state student. University and college-level course work must be undertaken at a Western Association of Schools and Colleges and Universities (WASC) accredited institution. To qualify for reimbursement, Professional and Confidential Employees must successfully complete a pre-approved course with a passing grade (C or better). In the event of a “Credit/No Credit” course, “Credit” will be considered a passing grade. Proof of payment and successful completion of the course with a passing grade as indicated in the District’s Educational Reimbursement Policy must accompany the Educational Tuition Reimbursement form (Exhibit A of the District’s Educational Reimbursement Policy). Professional and Confidential Employees shall be responsible for any tax consequences as a result of education reimbursement. If for any reason, the employee separates from District employment prior to completion of one (1) calendar year from the date of distribution by the District of funds provided for herein, all such amounts distributed during that one (1) calendar year period shall be considered a judgment due and owing to the District. The Professional and Confidential Employees Compensation Letter FYs 2015-2018 judgment amount shall be deducted from the employee’s final check. Any remaining, non-reimbursed amount shall be paid to the District within ninety (90) calendar days of separation from District employment. Each employee receiving funds pursuant to this section shall sign a written agreement to comply with the terms of this section as a condition precedent to receipt of any such funds. In the event of a layoff or work hour reduction, reimbursement will cover courses that are already in progress, provided that the employee successfully completes them with a passing grade and fulfills the other provisions of the Educational Reimbursement Policy. XXV. Professional and Confidential Employees who have been employed by the District for more than one year may sell to the District up to forty (40) hours of accrued unused vacation time upon thirty (30) days prior notice, provided that a minimum of one-half (½) the vacation time to which the employee is entitled within the same annual period of the sold vacation time remains in the employee’s vacation account after the cash distribution. Sell-back of vacation time will only be paid on the second payday in November of each year. XXVI. The Holiday schedule attached hereto as Exhibit F shall be in effect for full-time Professional and Confidential Employees covered by this Professional and Confidential Letter. For purposes of holiday compensation, compensation shall be equal to the number of hours that the Professional and Confidential Employee normally would have worked other than for the holiday. For those Professional and Confidential Employees whose scheduled work week is Monday through Thursday, a holiday falling on a Friday or Saturday shall not result in Thursday being a holiday, and a holiday falling on a Sunday shall not result in Monday being a holiday. Instead observed holidays that fall on a Friday, Saturday or Sunday shall be recognized as floating holidays earned. The floating holidays earned as a result of the above situation shall be used within the fiscal year in which it is accrued or the following fiscal year. Any unused floating holiday time will be cashed out at the employee’s base hourly rate at the end of the fiscal year following the fiscal year during which the time was accrued. For example, any unused floating holiday time accrued during fiscal year 2015-16 would be paid out at the end of fiscal year 2016-17. In order to be eligible for Holiday pay, a Professional and Confidential Employee must be either at work or on paid leave of absence on the regularly scheduled workday immediately preceding the day observed as the holiday and the regularly scheduled workday immediately following the day observed as the holiday. XXVII. The District shall reimburse Professional and Confidential Employees for sums paid to the appropriate state agencies for obtaining or renewing of Distribution, Treatment and/or Collection certificates. In addition, a one-time per fiscal year payment of $150.00 per certificate shall be provided to an affected employee who Professional and Confidential Employees Compensation Letter FYs 2015-2018 has qualified for and been issued a State Water Resources Control Board (SWRCB) Distribution or Treatment and/or California Water Environment Association (CWEA) Collection Certificate(s) which has been determined in the sole discretion of the General Manager to be relevant to the employee’s duties and which is other than a certificate that is a job requirement. The $150.00 payment shall apply for any Distribution, Treatment and/or Collection Certificates issued by the SWRCB or CWEA that are required above and beyond the required certification for a specific classification within the District and shall be issued during each year in which the applicable certificate(s) remains valid and remains other than a certificate which is a job requirement. The table below identifies the positions that require specific State of California Certifications. Classification Req’d Treatment Req’d Distribution Req’d Collection SCADA Administrator T2 D3 Sr. Construction Inspector D2 Water Maintenance Superintendent D5 Water Production Superintendent T2 D5 Water Quality Engineer D3 XXVIII. Acting Pay - Upon recommendation of the Department head and Human Resources/Risk and Safety Manager, the General Manager may temporarily appoint an employee to assume the duties of a higher job classification and shall be designated as "Acting." An employee who is designated as acting shall receive a minimum increase to the step closest to 5% above the step held by the employee immediately prior to the acting position, or shall be placed on Step 1 of the range established for the acting position, whichever is higher; however, the employee's rate shall not exceed Step 11 of the range established for the acting position at any time. An employee shall receive acting pay until officially released of those duties with the following conditions: a. Compensation shall be requested in writing, outlining the circumstances, and is subject to the approval of the Human Resources/Risk and Safety Manager. b. Acting pay will be effective when the acting appointment begins. Professional and Confidential Employees Compensation Letter FYs 2015-2018 c. An employee shall receive acting pay for a maximum of twenty-six (26) consecutive pay periods. Under special circumstances, the General Manager may authorize an extension to meet the needs of the District. d. If the employee is scheduled to receive a merit increase for the position in which he/she normally fills while serving in an acting status, the necessary forms shall be completed to document such increase, and such increase shall be implemented upon completion of acting status. e. The employee's merit increase date shall not be affected by acting status unless he/she is appointed to the position in which he/she was acting. If such, his/her review date shall be adjusted to coincide with the date he/she started in the Acting position or as provided in Section 4.12.g. f. If the employee is scheduled to receive any type of payout that was earned for the position in which he/she normally fills while serving in an acting status, the employee shall be paid out at the rate of pay equivalent to the position in which he/she normally fills. g. If an employee who is receiving acting pay is promoted to permanently fill the position in which he/she is acting, the date from which the employee began receiving acting pay shall be credited to the employee's total time worked in the position. Following the promotion, the employee's merit increase, if applicable, will be awarded at the conclusion of the promotional probationary period (including all time he/she was receiving acting pay). All subsequent merit increases will be awarded upon completion of twenty-six (26) complete pay periods. h. Where an employee continues to perform the job duties for the position he/she normally fills, acting pay shall not be reported to CalPERS as special compensation, and therefore is not compensation earnable pursuant to California Public Employees’ Retirement System (CalPERS) Regulations, Section 571. XXIX. The term of this Compensation Letter for Professional and Confidential Employees is for the period of July 1, 2015 to June 30, 2018. ___________________________ ______________________ Marc Marcantonio Date General Manager Management Employees Compensation Letter FYs 2015-2018 XXX. Acting Pay - Upon recommendation of the Department head and Human Resources/Risk and Safety Manager, the General Manager may temporarily appoint an employee to assume the duties of a higher job classification and shall be designated as "Acting." An employee who is designated as acting shall receive a minimum increase to the step closest to 5% above the step held by the employee immediately prior to the acting position, or shall be placed on Step 1 of the range established for the acting position, whichever is higher; however, the employee's rate shall not exceed Step 11 of the range established for the acting position at any time. An employee shall receive acting pay until officially released of those duties with the following conditions: a. Compensation shall be requested in writing, outlining the circumstances, and is subject to the approval of the Human Resources/Risk and Safety Manager. b. Acting pay will be effective when the acting appointment begins. c. An employee shall receive acting pay for a maximum of twenty-six (26) consecutive pay periods. Under special circumstances, the General Manager may authorize an extension to meet the needs of the District. d. If the employee is scheduled to receive a merit increase for the position in which he/she normally fills while serving in an acting status, the necessary forms shall be completed to document such increase, and such increase shall be implemented upon completion of acting status. e. The employee's merit increase date shall not be affected by acting status unless he/she is appointed to the position in which he/she was acting. If such, his/her review date shall be adjusted to coincide with the date he/she started in the Acting position or as provided in Section 4.12.g. f. If the employee is scheduled to receive any type of payout that was earned for the position in which he/she normally fills while serving in an acting status, the employee shall be paid out at the rate of pay equivalent to the position in which he/she normally fills. g. If an employee who is receiving acting pay is promoted to permanently fill the position in which he/she is acting, the date from which the employee began receiving acting pay shall be credited to the employee's total time worked in the position. Following the promotion, the employee's merit increase, if applicable, will be awarded at the conclusion of the promotional probationary period (including all time he/she was receiving acting pay). All subsequent merit increases will be awarded upon completion of twenty-six (26) complete pay periods. Management Employees Compensation Letter FYs 2015-2018 h. Where an employee continues to perform the job duties for the position he/she normally fills, acting pay shall not be reported to CalPERS as special compensation, and therefore is not compensation earnable pursuant to California Public Employees’ Retirement System (CalPERS) Regulations, Section 571. XXX.XXXI. The term of this Compensation Letter for Management Employees is for the period of July 1, 2015 to June 30, 2018. ___________________________ __________________ Marc Marcantonio Date General Manager Resolution No. 18-08 Amending Exhibit A of the Management Employees Compensation Letter 1 RESOLUTION NO. 18-08 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING EXHIBIT A OF THE MANAGEMENT EMPLOYEES COMPENSATION LETTER TO ADD ACTING PAY PROVISIONS FOR THE REMAINDER OF FISCAL YEARS 2015-2018 WHEREAS, the Board of Directors of the Yorba Linda Water District previously adopted the Employee Compensation Letter for Management Employees for Fiscal Years 2015-2018 (Resolution No. 15-08); and WHEREAS, the Board of Directors subsequently adopted Resolution No. 17-35 amending Exhibits A and E of the Employee Compensation Letter (Resolution No. 15-08) to rescind the At-Will Employment provision and modify the Pay Plan for Management Employees for the remainder of Fiscal Years 2015-2018; and WHEREAS, it is the desire of the Board of Directors to further amend Exhibit A of the Employee Compensation Letter (Resolution No. 15-08) in order to add Acting Pay provisions for Management Employees for the remainder of Fiscal Years 2015-2018. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That Exhibit A - Management Employees Compensation Letter of Resolution No. 15-08 be amended to read as attached hereto and by this reference incorporated herein effective March 26, 2018. Resolution No. 18-08 Amending Exhibit A of the Management Employees Compensation Letter 2 PASSED AND ADOPTED this 10th day of April 2018, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Al Nederhood, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP Exhibit A Resolution No. 15-08 Employee Compensation Letter And Pay Plans for Management Employees Fiscal Years 2015-2018 I. The General Manager shall prepare an Employee Compensation Letter for the Board of Directors’ consideration. The Employee Compensation Letter shall describe the salaries, benefits and special conditions offered by the District to its Management Employee Group (Exhibit B). II. Effective July 1, 2015, the salary schedule attached hereto as Exhibit C shall be in effect for fiscal year 2015-2016 (reflecting a 2.5% base salary increase). III. Effective July 1, 2016, the salary schedule attached hereto as Exhibit D shall be in effect for fiscal year 2016-2017 (reflecting a 2% base salary increase). IV. Effective July 1, 2017, the salary schedule attached hereto as Exhibit E shall be in effect for fiscal year 2017-2018 (reflecting a 2% base salary increase). V. The District’s current contract with CalPERS is for a retirement benefit based on the single highest year with a Fourth Level of 1959 Survivor Benefit Program. The District has three tiers for retirement benefits: a. Tier 1 applies to District employees hired prior to January 26, 2012; b. Tier 2 applies to District employees hired between January 26, 2012 and December 31, 2012 and any District employees hired on or after January 1, 2013 who are defined as “classic members” under the Public Employees’ Retirement Law (“PERL”); and c. Tier 3 applies to District employees hired on or after January 1, 2013 who are defined as “new members” under the PERL. 1. Tier 1 and Tier 2 employees Tier 1 employees are enrolled in the 2% at 55 retirement formula. Tier 2 employees are enrolled in the 2% at 60 retirement formula. Tier 1 and Tier 2 employees pay the full employee contribution rate which is 7% of pensionable compensation. 2. Tier 3 employees Management Employees Compensation Letter FYs 2015-2018 Management Employees hired on or after January 1, 2013 who are “new members” as defined in the Public Employees’ Pension Reform Act of 2013 (PEPRA) are provided the following retirement benefits: 2.5% at 67 benefit formula with a three year (36 month) final compensation period. Employees may designate the highest 36 month period. Tier 3 employees shall individually pay an initial CalPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said newly hired employee is enrolled rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. VI. The District shall continue to maintain a "414(h)(2)" plan under the Internal Revenue Code for the purpose of treating contributions to PERS as deferred income for tax purposes to the extent permitted by law. Contributions will continue to be deducted from the employee's actual gross salary as reflected on the employee's pay stub. Employees shall otherwise be responsible for all taxes related to fringe and reimbursement benefits and the District shall make deductions in accordance with the law. VII. The Assistant General Manager classification serves at the will of the General Manager and may be dismissed without cause or right of appeal. VIII. Effective November 14, 2017, the District will implement a thirteen (13) step salary schedule with a 2.5% salary difference between steps replacing the District’s previous eleven (11) step salary schedule. Subsequent movement on the salary schedule is based on merit as follows: Evaluation process Each employee shall be reviewed annually on a one-year interval. Effective July 1, 2016, the District will implement a new five-rating performance evaluation with the following ratings: Unsatisfactory, Needs Improvement, Meets Expectations, Exceeds Expectations, and Outstanding. An employee who receives an overall rating Exceeds Expectations and with no Unsatisfactory and no more than two (2) Needs Improvement ratings on their evaluation shall be entitled to move one (1) step. An employee who receives an overall rating of Outstanding with no Unsatisfactory and no Needs Improvement ratings on their evaluation shall move two (2) steps. Movement shall take place until an employee has reached step 13. The District shall endeavor to have performance reviews completed by the employee’s anniversary date with the effective date of the merit salary increase being on the anniversary date. If the evaluation is delayed, any subsequent salary increase to which the employee is entitled as a result of the performance review rating shall be retroactive to the anniversary date. IX. Management Employees shall accrue vacation leave time with pay as follows: Management Employees Compensation Letter FYs 2015-2018 Duration of Continuous Regular Employment Hours Accrued per Pay Period During 1st through 60th month (0-5 yrs) 3.077 hrs = 2.0 wks/yr During 61st through 120th month (5-10 yrs) 4.615 hrs = 3.0 wks/yr During 121st through 180th month (10-15 yrs) 5.384 hrs = 3.5 wks/yr During 181st through 240th month (15-20 yrs) 6.153 hrs = 4.0 wks/yr During 241st month and thereafter (20+ yrs) 6.922 hrs = 4.5 wks/yr X. The District shall continue to provide group life insurance in the amount of one times basic annual salary rounded to the next higher multiple of $1,000, for each full-time regular Management Employee under age 70, on the first day of the month following date of hire, in accordance with the provisions of the contract between the District and any company of the District’s choosing providing such coverage. Management Employees may purchase additional life insurance coverage up to $300,000 by authorizing the additional premium to be deducted from their salary. In addition, a Management Employee can purchase life insurance for their spouse up to half of the employee’s coverage level. Some medical restrictions may apply. XI. The District shall pay 100% of the premium for hospital and medical insurance for all Management Employees who work in excess of 30 hours per week, effective the first of the month following date of hire and ⅔ of the additional premium toward Management Employee dependent coverage for covered employees with one or more dependents in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Management employee shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. XII. The District shall pay 100% of the premium for dental insurance for all Management Employees who work in excess of 30 hours or more per week, effective the first of the month following date of hire and ⅔ of the additional premium toward Management Employee dependent coverage for covered Management Employees with one or more dependents in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Management Employees shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. XIII. The District shall pay 100% of the premium for vision insurance for Management Employees who work in excess of 30 hours or more per week, effective the first of the month following date of hire and ⅔ of the additional premium toward dependent coverage for covered Management Employees with one or more dependents in accordance with the provisions of any contract between the District and any Management Employees Compensation Letter FYs 2015-2018 company or companies of the District's choosing. The Management Employee shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. XIV. For Management Employees who are employed by the District prior to December 8, 2011, and subject to carrier approval, the District shall pay the amounts provided in paragraphs XI, XII and XIII of this agreement for a period of time which is equivalent to one (1) year or pro ration thereof on a monthly basis for each three (3) years of service to the District or pro ration thereof on a quarterly basis. To be eligible for this benefit, the employee must be at least 50 years of age, must have five (5) complete consecutive years of service with the District, must provide ninety (90) days’ notice of intent to retire, retire from the District in good standing and remain in a retired status. The retired Management Employee must make any contribution required of a regular Management Employee pursuant to paragraphs XI, XII and XIII prior to the first day of the month in which coverage is to be extended. Failure of a Management Employee to make such payment shall result in termination of coverage and termination of any right to any benefit pursuant to this section. When the Management retiree, or their spouse, reaches age 65 and is eligible for Medicare, the coverage provided by the District shall become secondary to Medicare for the remainder of the benefit period. Management Employees hired on or after December 8, 2011 shall be ineligible to receive this benefit. XV. A Management Employee who retires (in accordance with the Public Employees' Retirement System qualifications) shall be paid at the rate of their final salary for ⅜ of their accumulated days of sick leave, if any, at the time of separation from active employment. The remaining ⅝ of their accumulated days of sick leave will be converted into CalPERS service credit. XVI. Management Employees who are laid off from District employment after being employed by the District for five (5) or more complete consecutive years of regular employment shall be compensated for accumulated, unused sick leave above 400 hours as follows: YEARS PERCENT PAYABLE ABOVE 400 HOURS ON THE BOOKS 5 through 9 20% 10 through 15 25% 16 through 20 and above 30% Employees who are terminated from the District for cause, or who resign in lieu of termination, shall not be eligible for this benefit. Management Employees Compensation Letter FYs 2015-2018 XVII. The District shall provide a long-term disability plan for Management Employees which has a 90-day elimination period and provides 66 ⅔% of an employee’s monthly pre-disability earnings to a maximum of $7,000 per month for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. XVIII. The District shall provide a short-term disability plan for Management Employees which has a twenty-nine (29) day elimination period up to an employee’s eligibility for long-term disability and provides 66 ⅔% of an employee’s weekly pre-disability earnings to a maximum of $1,500 per week for a designated period of nine (9) weeks in accordance with coverage procured by the District from a carrier to be determined at the District’s sole discretion. XIX. The District will match dollar for dollar not to exceed 2% salary earned per payroll period of a Management Employee’s salary or the employee’s actual amount of deferred compensation per payroll period, whichever amount is lesser. XX. Management Employees shall continue to be assigned to a four (4) day workweek, consisting of ten (10) scheduled hours of work each day (a 4/10 schedule Monday through Thursday). The Board of Directors clearly and unequivocally has the right to terminate the 4/10 schedule at any time during the term of this Employee Compensation Letter. In such case, the schedule shall revert to the 9/80 schedule as existed immediately prior to implementation of the 4/10 schedule. XXI. In situations where a Management Employee has been injured in a non-duty accident and their disability leave exceeds thirty calendar days, their merit review and anniversary dates will be adjusted accordingly for that portion of leave exceeding thirty (30) calendar days. XXII. The District established a cafeteria plan under Section 125 of the Internal Revenue Code. Employees can voluntarily participate in both tax advantage flexible benefit and dependent care plans. Employees can elect to deduct up to an annual maximum of $2,000 towards the flexible benefit plan and/or an annual maximum of $5,000 towards the dependent care plan from their paychecks over twenty-four (24) pay periods per calendar year. The cafeteria plan will allow Management Employees to convert their share of insurance premiums, un-reimbursed medical expenses, child care and other qualifying expenditures to pretax dollars. XXIII. The District shall reimburse Management Employees for sums paid to the appropriate agencies for obtaining or renewing treatment and/or distribution certificates and other professional certifications, registrations and job related training. XXIV. Management Employees who are required to wear safety boots in the performance of their job, as determined by the General Manager, shall be eligible for District Management Employees Compensation Letter FYs 2015-2018 purchased safety footwear in an amount not to exceed $200.00 each fiscal year. Safety footwear must meet American National Standards Institute (ANSI) minimum compression and impact performance standards in ANSI Z41-1991 or provide equivalent protection. At the end of the current fiscal year, any unused funds shall not carry over into the next fiscal year. XXV. The District shall provide pre-approved reimbursement to Management Employees for the cost of tuition, fees, books and parking relating to educational courses directly related to an employee’s essential job duties for the employee’s present work classification as approved in advance by the General Manager and the Human Resources/Risk Manager. As education reimbursement each fiscal year, employees may receive up to the equivalent of one year’s full-time tuition at California State University for an in-state student. University and college-level course work must be undertaken at a Western Association of Schools and Colleges and Universities (WASC) accredited institution. To qualify for reimbursement, Management Employees must successfully complete a pre-approved course with a passing grade (C or better). In the event of a “Credit/No Credit” course, “Credit” will be considered a passing grade. Proof of payment and successful completion of the course with a passing grade as indicated in the District’s Educational Reimbursement Policy must accompany the Educational Tuition Reimbursement form (Exhibit A of the District’s Educational Reimbursement Policy). Management Employees shall be responsible for any tax consequences as a result of education reimbursement. If for any reason, the employee separates from District employment prior to completion of one (1) calendar year from the date of distribution by the District of funds provided for herein, all such amounts distributed during that one (1) calendar year period shall be considered a judgment due and owing to the District. The judgment amount shall be deducted from the employee’s final check. Any remaining non-reimbursed amount shall be paid to the District within ninety (90) calendar days of separation from District employment. Each employee receiving funds pursuant to this section shall sign a written agreement to comply with the terms of this section as a condition precedent to receipt of any such funds. In the event of a layoff or work hour reduction, reimbursement will cover courses that are already in progress, provided that the employee successfully completes them with a passing grade and fulfills the other provisions of the Educational Reimbursement Policy. Management Employees Compensation Letter FYs 2015-2018 XXVI. Management Employees who have been employed by the District for more than one year may sell to the District up to forty (40) hours of accrued unused vacation time upon thirty (30) days prior notice, provided that a minimum of one-half (1/2) the vacation time to which the employee is entitled within the same annual period of the sold vacation time remains in the employee’s vacation account after the cash distribution. Sell-back of vacation time will only be paid on the second payday in November of each year. XXVII. Management Employees will be entitled to car allowance of $400.00/month as determined by the General Manager. The Engineering Manager, Finance Manager, IT Manager, Human Resources/Risk Manager, Operations Manager and Public Information Manager positions shall be eligible for this benefit. XXVIII. Management Employees shall receive a maximum of forty (40) hours of management leave with pay each fiscal year. Unused management leave time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at the employee’s then straight time hourly rate. There will be no carry-over of management leave time to the next fiscal year. Management Employees joining after the start of the fiscal year shall receive a prorated benefit based on the number of remaining payroll periods in the fiscal year. XXIX. The Holiday schedule attached hereto as Exhibit F shall be in effect for full-time Management Employees covered by this Management Letter. For purposes of holiday compensation, compensation shall be equal to the number of hours that the Management Employee normally would have worked other than for the holiday. For those Management Employees whose scheduled work week is Monday through Thursday, a holiday falling on a Friday or Saturday shall not result in Thursday being a holiday and a holiday falling on a Sunday, shall not result in Monday being a holiday. Instead observed holidays that fall on a Friday, Saturday or Sunday shall be recognized as floating holidays earned. The floating holidays earned as a result of the above situation shall be used within the fiscal year in which it is accrued or the following fiscal year. Any unused floating holiday time will be cashed out at the employee’s base hourly rate at the end of the fiscal year following the fiscal year during which the time was accrued. For example any unused floating holiday time accrued during fiscal year 2015-16 would be paid out at the end of fiscal year 2016-17. In order to be eligible for holiday pay, a Management Employee must be either at work or on paid leave of absence on the regularly scheduled workday immediately preceding the day observed as the holiday and the regularly scheduled workday immediately following the day observed as the holiday. Management Employees Compensation Letter FYs 2015-2018 XXX. Acting Pay - Upon recommendation of the Department head and Human Resources/Risk and Safety Manager, the General Manager may temporarily appoint an employee to assume the duties of a higher job classification and shall be designated as "Acting." An employee who is designated as acting shall receive a minimum increase to the step closest to 5% above the step held by the employee immediately prior to the acting position, or shall be placed on Step 1 of the range established for the acting position, whichever is higher; however, the employee's rate shall not exceed Step 11 of the range established for the acting position at any time. An employee shall receive acting pay until officially released of those duties with the following conditions: a. Compensation shall be requested in writing, outlining the circumstances, and is subject to the approval of the Human Resources/Risk and Safety Manager. b. Acting pay will be effective when the acting appointment begins. c. An employee shall receive acting pay for a maximum of twenty-six (26) consecutive pay periods. Under special circumstances, the General Manager may authorize an extension to meet the needs of the District. d. If the employee is scheduled to receive a merit increase for the position in which he/she normally fills while serving in an acting status, the necessary forms shall be completed to document such increase, and such increase shall be implemented upon completion of acting status. e. The employee's merit increase date shall not be affected by acting status unless he/she is appointed to the position in which he/she was acting. If such, his/her review date shall be adjusted to coincide with the date he/she started in the Acting position or as provided in Section 4.12.g. f. If the employee is scheduled to receive any type of payout that was earned for the position in which he/she normally fills while serving in an acting status, the employee shall be paid out at the rate of pay equivalent to the position in which he/she normally fills. g. If an employee who is receiving acting pay is promoted to permanently fill the position in which he/she is acting, the date from which the employee began receiving acting pay shall be credited to the employee's total time worked in the position. Following the promotion, the employee's merit increase, if applicable, will be awarded at the conclusion of the promotional probationary period (including all time he/she was receiving acting pay). All subsequent merit increases will be awarded upon completion of twenty-six (26) complete pay periods. Management Employees Compensation Letter FYs 2015-2018 h. Where an employee continues to perform the job duties for the position he/she normally fills, acting pay shall not be reported to CalPERS as special compensation, and therefore is not compensation earnable pursuant to California Public Employees’ Retirement System (CalPERS) Regulations, Section 571. XXXI. The term of this Compensation Letter for Management Employees is for the period of July 1, 2015 to June 30, 2018. ___________________________ __________________ Marc Marcantonio Date General Manager ITEM NO. 11.1 AGENDA REPORT Meeting Date: April 10, 2018 Subject:Interagency Committee with MWDOC and OCWD (Nederhood/Jones) · Minutes of the meeting held March 22, 2018 at 4:00 p.m. · Next meeting scheduled May 24, 2018 at 4:00 p.m. ATTACHMENTS: Name:Description:Type: 2018-03-22_-_Minutes_-_YLWD-MWDOC-OCWD.docx Minutes Minutes Minutes of the YLWD/MWDOC/OCWD Interagency Committee Meeting Held March 22, 2018 at 4:00 p.m. 1 MINUTES OF THE YORBA LINDA WATER DISTRICT INTERAGENCY COMMITTEE MEETING WITH MWDOC AND OCWD Thursday, March 22, 2018, 4:00 P.M. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 4:00 p.m. 2. ROLL CALL YLWD COMMITTEE MEMBERS YLWD STAFF Brooke Jones, Vice President Steve Conklin, Engineering Manager Bryan Hong, Water Quality Engineer MWDOC COMMITTEE MEMBER MWDOC STAFF Brett Barbre, Director Rob Hunter, General Manager OCWD STAFF Mike Markus, General Manager 3. PUBLIC COMMENTS None. 4. DISCUSSION ITEMS 4.1. Pending Legislation – Making Water Conservation a California Way of Life Director Barbre reported on the continuing work by the ACWA Committee, and that the pending legislation on water conservation is slowly moving forward. Regarding the Recycled Water Credit, efforts continue to increase it from the current 10% to 13% and maybe as high as 15%. Regarding the “Water Tax” bill, it is supported by EBMUD and by San Francisco PUC. ACWA, with support by most OC agencies, continues to lobby against it. 4.2. MWD Water Supply Conditions and Outlook Director Barbre reported that the SWP allocation remains at 20%, though with the current rain and snow, the allocation might increase to 30%. On the Colorado River side, MWD will be running a full aqueduct. Minutes of the YLWD/MWDOC/OCWD Interagency Committee Meeting Held March 22, 2018 at 4:00 p.m. 2 4.3. Condition of OCWD Groundwater Basin, Water Purchased for Recharge, and In-Lieu Recharge Mr. Markus reminded the committee that while the amount of rainfall in the northern and central part of California is improving, it is still very low in southern California. He indicated that OCWD was able to achieve about 73,000 AF of basin recharge through the In-lieu Program before it was terminated by MWD. In addition, OCWD was in the process of recharging another 65,000 AF of MWD Full-Service Untreated water. Mr. Markus estimated that the basin overdraft will be about 290,000 AF on June 30, 2018. He also noted that OCWD staff is proposing a 75% BPP and the RA increasing from $445 to $472 for FY19. The OCWD Board will take action on this in April. 4.3. PFOS/PFOA Testing and Mitigation Mr. Hong reported on the current quarterly testing by OCWD and concentration of the combined contaminants at YLWD’s Highland Reservoir, where all the well flows blend before distribution to customers. He noted that the blend water delivered continues to comply with the USEPA advisory level of 70 ppt. Mr. Conklin indicated that YLWD’s proposed FY19 budget will include funding to initiate bench-scale testing of treatment methods for removal of PFOS and PFOA. 4.5. Huntington Beach Desalination Project Mr. Markus reported that Poseidon is still working on permits from regulatory agencies for the project. He also noted that OCWD staff will be making a presentation to its Board in the near future on a new Term Sheet between Poseidon and OCWD relating to time and cost issues for the project. 4.6. California Water Fix Project Director Barbre reported that MWD is considering the possibility of funding the second tunnel on its own. He noted that in April, the MWD Board may be voting on providing the financial back up for that plan. 4.7. North and South Basin Projects Regarding the North Basin Project, Mr. Markus reported that EPA has added another 60 days to the original 60-day comment period for the listing of the Project on the National Priorities List. This add was at the request of the OC Business Council, which is opposed to the Listing. Minutes of the YLWD/MWDOC/OCWD Interagency Committee Meeting Held March 22, 2018 at 4:00 p.m. 3 4.8. YLWD Well Projects Mr. Hong reported on the status of Well 21, now in full operation, and Well 22, which has completed drilling. For Well 22 Project, work has started on the design phase for the Well Equipping. 4.9. Future Agenda Items None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 5:20 p.m. SC ITEM NO. 13.1 AGENDA REPORT Meeting Date: April 10, 2018 Subject:Meetings from April 11 - June 30, 2018 ATTACHMENTS: Name:Description:Type: BOD_-_Activities_Calendar.pdf Backup Material Backup Material Board of Directors Activity Calendar Event Date Time Attendance By April OC LAFCO Board and Strategic Planning Session Wed, Apr 11 8:15 AM Nederhood (As Needed) OCSD Board Budget Workshop Wed, Apr 11 5:30 PM Hawkins/Jones YL Planning Commission Wed, Apr 11 6:30 PM Hawkins (As Needed) Board of Directors Workshop Meeting Tue, Apr 17 4:30 PM YL City Council Tue, Apr 17 6:30 PM Nederhood MWDOC Board Wed, Apr 18 8:30 AM Nederhood/Jones OCWA Luncheon Wed, Apr 18 11:30 AM Jones/Nederhood OCWD Board Wed, Apr 18 5:30 PM Miller/Jones MWDOC Water Policy Forum Thu, Apr 19 5:30 PM Jones/Miller/Nederhood SoCal Gas Sustainability Seminar Tue, Apr 24 8:30 AM Jones Board of Directors Regular Meeting Tue, Apr 24 6:30 PM YL Chamber of Commerce First Responders Breakfast Wed, Apr 25 7:15 AM Hawkins MWDOC/OCWD Joint Planning Committee Wed, Apr 25 8:30 AM Jones/Miller/Nederhood OCSD Board Wed, Apr 25 6:00 PM Hawkins YL Planning Commission Wed, Apr 25 6:30 PM Hawkins (As Needed) Board of Directors Workshop Meeting Thu, Apr 26 4:30 PM May ISDOC Executive Committee Tue, May 1 7:30 AM Nederhood Board of Directors Regular Meeting Tue, May 1 6:30 PM YL City Council Tue, May 1 6:30 PM Jones MWDOC Board Wed, May 2 8:30 AM Nederhood/Jones OCSD Operations Committee Wed, May 2 5:00 PM Hawkins OCWD Board Wed, May 2 5:30 PM Miller/Jones WACO Fri, May 4 7:30 AM TBD ACWA-JPIA Spring Conference Mon, May 7 8:00 AM Jones ACWA-JPIA Spring Conference Tue, May 8 8:00 AM Jones ACWA Spring Conference Tue, May 8 8:00 AM Jones/Nederhood ACWA Groundwater Committee Tue, May 8 3:00 PM Jones ACWA Water Quality Committee Tue, May 8 3:00 PM Miller ACWA Spring Conference Wed, May 9 8:00 AM Jones/Nederhood OC LAFCO Wed, May 9 8:15 AM Nederhood (As Needed) YL Planning Commission Wed, May 9 6:30 PM Hawkins (As Needed) ACWA Spring Conference Thu, May 10 8:00 AM Jones/Nederhood ACWA Spring Conference Fri, May 11 8:00 AM Jones/Nederhood YL City Council Tue, May 15 6:30 PM Hall MWDOC Board Wed, May 16 8:30 AM Nederhood/Jones OCWD Board Wed, May 16 5:30 PM Miller/Jones Board of Directors Workshop Meeting Thu, May 17 4:30 PM District Open House and Facility Tours Sat, May 19 9:00 AM Board of Directors Regular Meeting Tue, May 22 6:30 PM OCSD Board Wed, May 23 6:00 PM Hawkins YL Planning Commission Wed, May 23 6:30 PM Hawkins (As Needed) Interagency Committee Meeting with MWDOC and OCWD Thu, May 24 4:00 PM Nederhood/Jones District Offices Closed Mon, May 28 7:00 AM Board of Directors Workshop Meeting Wed, May 30 4:30 PM June OC Water Summit Fri, Jun 1 7:30 AM Hawkins/Jones/Miller/Nederhood Joint Committee Meeting with City of Yorba Linda Mon, Jun 4 4:00 PM Nederhood/Jones ISDOC Executive Committee Tue, Jun 5 7:30 AM Nederhood YL City Council Tue, Jun 5 6:30 PM Hawkins Board of Directors Regular Meeting Tue, Jun 5 6:30 PM MWDOC Board Wed, Jun 6 8:30 AM Nederhood/Jones OCSD Operations Committee Wed, Jun 6 5:00 PM Hawkins OCWD Board Wed, Jun 6 5:30 PM Miller/Jones WACO Fri, Jun 8 7:30 AM TBD AWWA Annual Conference Mon, Jun 11 8:00 AM Jones/Nederhood AWWA Annual Conference Tue, Jun 12 8:00 AM Jones/Nederhood AWWA Annual Conference Wed, Jun 13 8:00 AM Jones/Nederhood YL Planning Commission Wed, Jun 13 6:30 PM Hawkins (As Needed) AWWA Annual Conference Thu, Jun 14 8:00 AM Jones/Nederhood YL City Council Tue, Jun 19 6:30 PM Miller MWDOC Board Wed, Jun 20 8:30 AM Nederhood/Jones OCWD Board Wed, Jun 20 5:30 PM Miller/Jones Board of Directors Regular Meeting Tue, Jun 26 6:30 PM OCSD Board Wed, Jun 27 6:00 PM Hawkins YL Planning Commission Wed, Jun 27 6:30 PM Hawkins (As Needed) ISDOC Thu, Jun 28 11:30 AM TBD BACKUP MATERIALS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING Professional and Confidential Employees Compensation Letter FYs 2015-2018 has qualified for and been issued a State Water Resources Control Board (SWRCB) Distribution or Treatment and/or California Water Environment Association (CWEA) Collection Certificate(s) which has been determined in the sole discretion of the General Manager to be relevant to the employee’s duties and which is other than a certificate that is a job requirement. The $150.00 payment shall apply for any Distribution, Treatment and/or Collection Certificates issued by the SWRCB or CWEA that are required above and beyond the required certification for a specific classification within the District and shall be issued during each year in which the applicable certificate(s) remains valid and remains other than a certificate which is a job requirement. The table below identifies the positions that require specific State of California Certifications. Classification Req’d Treatment Req’d Distribution Req’d Collection SCADA Administrator T2 D3 Sr. Construction Inspector D2 Water Maintenance Superintendent D5 Water Production Superintendent T2 D5 Water Quality Engineer D3 XXVIII. Effective March 26, 2018 - Acting Pay - Upon recommendation of the Department head and Human Resources/Risk and Safety Manager, the General Manager may temporarily appoint an employee to assume the duties of a higher job classification and shall be designated as "Acting." An employee who is designated as acting shall receive a minimum increase to the step closest to 5% above the step held by the employee immediately prior to the acting position, or shall be placed on Step 1 of the range established for the acting position, whichever is higher; however, the employee's rate shall not exceed Step 13 of the range established for the acting position at any time. An employee shall receive acting pay until officially released of those duties with the following conditions: a. Compensation shall be requested in writing, outlining the circumstances, and is subject to the approval of the Human Resources/Risk and Safety Manager. b. Acting pay will be effective when the acting appointment begins. REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Professional and Confidential Employees Compensation Letter FYs 2015-2018 c. An employee shall receive acting pay for a maximum of twenty-six (26) consecutive pay periods. Under special circumstances, the General Manager may authorize an extension to meet the needs of the District. d. If the employee is scheduled to receive a merit increase for the position in which he/she normally fills while serving in an acting status, the necessary forms shall be completed to document such increase, and such increase shall be implemented upon completion of acting status. e. The employee's merit increase date shall not be affected by acting status unless he/she is appointed to the position in which he/she was acting. If such, his/her review date shall be adjusted to coincide with the date he/she started in the Acting position or as provided in Section 4.12.g. f. If the employee is scheduled to receive any type of payout that was earned for the position in which he/she normally fills while serving in an acting status, the employee shall be paid out at the rate of pay equivalent to the position in which he/she normally fills. g. If an employee who is receiving acting pay is promoted to permanently fill the position in which he/she is acting, the date from which the employee began receiving acting pay shall be credited to the employee's total time worked in the position. Following the promotion, the employee's merit increase, if applicable, will be awarded at the conclusion of the promotional probationary period (including all time he/she was receiving acting pay). All subsequent merit increases will be awarded upon completion of twenty-six (26) complete pay periods. h. Where an employee continues to perform the job duties for the position he/she normally fills, acting pay shall not be reported to CalPERS as special compensation, and therefore is not compensation earnable pursuant to California Public Employees’ Retirement System (CalPERS) Regulations, Section 571. XXVIII.XXIX. The term of this Compensation Letter for Professional and Confidential Employees is for the period of July 1, 2015 to June 30, 2018. ___________________________ ______________________ Marc Marcantonio Date General Manager REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Resolution No. 18-07 Amending Exhibit A of the Professional and Confidential Employees Compensation Letter 1 RESOLUTION NO. 18-07 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING EXHIBIT A OF THE PROFESSIONAL AND CONFIDENTIAL EMPLOYEES COMPENSATION LETTER TO ADD ACTING PAY PROVISIONS FOR THE REMAINDER OF FISCAL YEARS 2015-2018 WHEREAS, the Board of Directors of the Yorba Linda Water District previously adopted the Employee Compensation Letter for Supervisory and Confidential Employees for Fiscal Years 2015-2018 (Resolution No. 15-07); and WHEREAS, the Board of Directors subsequently adopted Resolution No. 17-36 amending Exhibit A and E of the Employee Compensation Letter (Resolution No. 15-07) to rescind the At-Will Employment provision and modify the Pay Plan for Professional and Confidential (formerly Supervisory and Confidential) Employees for the remainder of Fiscal Years 2015-2018; and WHEREAS, it is the desire of the Board of Directors to further amend Exhibit A of the Employee Compensation Letter (Resolution No. 15-07) in order to add Acting Pay provisions for Professional and Confidential Employees for the remainder of Fiscal Years 2015-2018. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That Exhibit A - Professional and Confidential Employee Compensation Letter of Resolution No. 15-07 be amended to read as attached hereto and by this reference incorporated herein effective March 26, 2018. REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Resolution No. 18-07 Amending Exhibit A of the Professional and Confidential Employees Compensation Letter 2 PASSED AND ADOPTED this 10th day of April, 2018, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Al Nederhood, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Exhibit A Resolution No. 15-07 Employee Compensation Letter And Pay Plans for Professional and Confidential Employees Fiscal Years 2015-2018 I. The General Manager shall prepare an Employee Compensation Letter for the Board of Directors’ consideration. The Employee Compensation Letter shall describe the salaries, benefits and special conditions offered by the District to its Professional and Confidential Employee Group (Exhibit B). II. Effective July 1, 2015, the salary schedule attached hereto as Exhibit C shall be in effect for fiscal year 2015-2016 (reflecting a 2.5% base salary increase). III. Effective July 1, 2016, the salary schedule attached hereto as Exhibit D shall be in effect for fiscal year 2016-2017 (reflecting a 2% base salary increase). IV. Effective July 1, 2017, the salary schedule attached hereto as Exhibit E shall be in effect for fiscal year 2017-2018 (reflecting a 2% base salary increase). V. The District’s current contract with CalPERS is for a retirement benefit based on the single highest year with a Fourth Level of 1959 Survivor Benefit Program. The District has three tiers for retirement benefits: a. Tier 1 applies to District employees hired prior to January 26, 2012; b. Tier 2 applies to District employees hired between January 26, 2012 and December 31, 2012 and any District employees hired on or after January 1, 2013 who are defined as “classic members” under the Public Employees’ Retirement Law (PERL); and c. Tier 3 applies to District employees hired on or after January 1, 2013 who are defined as “new members” under the PERL. 1. Tier 1 and Tier 2 employees Tier 1 employees are enrolled in the 2% at 55 retirement formula. Tier 2 employees are enrolled in the 2% at 60 retirement formula. Tier 1 and Tier 2 employees pay the full employee contribution rate which is 7% of pensionable compensation. 2. Tier 3 employees REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Professional and Confidential Employees Compensation Letter FYs 2015-2018 Professional and Confidential Employees hired on or after January 1, 2013 who are “new members” as defined in the Public Employees’ Pension Reform Act of 2013 (PEPRA) are provided the following retirement benefits: 2.5% at 67 benefit formula with a three year (36 month) final compensation period. Employees may designate the highest 36 month period. Tier 3 employees shall individually pay an initial CalPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said newly hired employee is enrolled rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. VI. The District shall continue to maintain a "414(h)(2)" plan under the Internal Revenue Code for the purpose of treating contributions to CalPERS as deferred income for tax purposes to the extent permitted by law. Contributions will continue to be deducted from the employee's actual gross salary as reflected on the employee's pay stub. Employees shall otherwise be responsible for all taxes related to fringe and reimbursement benefits and the District shall make deductions in accordance with the law. VII. Effective November 14, 2017, the District will implement a thirteen (13) step salary schedule with a 2.5% salary difference between steps replacing the District’s previous eleven (11) step salary schedule. Subsequent movement on the salary schedule is based on merit as follows: Evaluation process Each employee shall be reviewed annually on a one-year interval. Effective July 1, 2016, the District will implement a new five-rating performance evaluation with the following ratings: Unsatisfactory, Needs Improvement, Meets Expectations, Exceeds Expectations, and Outstanding. An employee who receives an overall rating Exceeds Expectations and with no Unsatisfactory and no more than two (2) Needs Improvement ratings on their evaluation shall be entitled to move one (1) step. An employee who receives an overall rating of Outstanding with no Unsatisfactory and no Needs Improvement ratings on their evaluation shall move two (2) steps. Movement shall take place until an employee has reached step 13. The District shall endeavor to have performance reviews completed by the employee’s anniversary date with the effective date of the merit salary increase being on the anniversary date. If the evaluation is delayed, any subsequent salary increase to which the employee is entitled as a result of the performance review rating shall be retroactive to the anniversary date. VIII. Professional and Confidential Employees shall accrue vacation leave time with pay as follows: REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Professional and Confidential Employees Compensation Letter FYs 2015-2018 Duration of Continuous Regular Employment Hours Accrued per Pay Period During 1st through 60th month (0-5 yrs) 3.077 hrs = 2.0 wks/yr During 61st through 120th month (5-10 yrs) 4.615 hrs = 3.0 wks/yr During 121st through 180th month (10-15 yrs) 5.384 hrs = 3.5 wks/yr During 181st through 240th month (15-20 yrs) 6.153 hrs = 4.0 wks/yr During 241st month and thereafter (20+ yrs) 6.922 hrs = 4.5 wks/yr IX. The District shall continue to provide group life insurance in the amount of one times basic annual salary rounded to the next higher multiple of $1,000, for each full-time regular Professional and Confidential Employee under age 70, on the first day of the month following date of hire, in accordance with the provisions of the contract between the District and any company of the District's choosing providing such coverage. Professional and Confidential Employees may purchase additional life insurance coverage up to $300,000 by authorizing the additional premium to be deducted from their salary. In addition, a Professional and Confidential Employee can purchase life insurance for their spouse up to half of the employee’s coverage level. Some medical restrictions may apply. X. The District shall pay 100% of the premium for hospital and medical insurance for all Professional and Confidential Employees who work in excess of 30 hours per week, effective the first of the month following date of hire and ⅔ of the additional premium toward Professional and Confidential Employee dependent coverage for covered employees with one or more dependents in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Professional and Confidential Employee shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. XI. The District shall pay 100% of the premium for dental insurance for all Professional and Confidential Employees who work in excess of 30 hours or more per week, effective the first of the month following date of hire and ⅔ of the additional premium toward Professional and Confidential Employee dependent coverage for covered Professional and Confidential Employees with one or more dependents in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Professional and Confidential Employee shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. XII. The District shall pay 100% of the premium for vision insurance for Professional and Confidential Employees who work in excess of 30 hours or more per week, effective the first of the month following date of hire and ⅔ of the additional premium toward dependent coverage for covered Professional and Confidential REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Professional and Confidential Employees Compensation Letter FYs 2015-2018 Employees with one or more dependents in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Professional and Confidential Employee shall pay the cost of the difference in premium, to be deducted from their salary to cover the employee’s ⅓ share of the dependent coverage. XIII. For Professional and Confidential Employees who are employed by the District prior to December 8, 2011, and subject to carrier approval, the District shall pay the amounts provided in paragraphs XI, XII and XIII of this agreement for a period of time which is equivalent to one (1) year or pro ration thereof on a monthly basis for each three (3) years of service to the District or pro ration thereof on a quarterly basis. To be eligible for this benefit, the employee must be at least 50 years of age, must have five (5) complete consecutive years of service with the District, must provide ninety (90) days’ notice of intent to retire, retire from the District in good standing and remain in a retired status. The retired Professional and Confidential Employee must make any contribution required of a regular Professional and Confidential Employee pursuant to paragraphs XI, XII and XIII prior to the first day of the month in which coverage is to be extended. Failure of a Professional and Confidential Employee to make such payment shall result in termination of coverage and termination of any right to any benefit pursuant to this section. When the Professional and Confidential retiree or their spouse reaches age 65 and is eligible for Medicare, the coverage provided by the District shall become secondary to Medicare for the remainder of the benefit period. Professional and Confidential Employees hired on or after December 8, 2011 shall be ineligible to receive this benefit. XIV. A Professional and Confidential Employee who retires (in accordance with the Public Employees' Retirement System qualifications) shall be paid at the rate of their final salary for ⅜ of their accumulated days of sick leave, if any, at the time of separation from active employment. The remaining ⅝ of their accumulated days of sick leave will be converted into CalPERS service credit. XV. Professional and Confidential Employees who are laid off from District employment after being employed by the District for five (5) or more complete consecutive years of regular employment, shall be compensated for accumulated, unused sick leave above 400 hours as follows: REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Professional and Confidential Employees Compensation Letter FYs 2015-2018 YEARS PERCENT PAYABLE ABOVE 400 HOURS ON THE BOOKS 5 through 9 20% 10 through 15 25% 16 through 20 and above 30% Employees who are terminated from the District for cause, or who resign in lieu of termination, shall not be eligible for this benefit. XVI. The District shall provide a long-term disability plan for Professional and Confidential Employees which has a 90-day elimination period and provides 66 ⅔% of an employee’s monthly pre-disability earnings to a maximum of $7,000 per month for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. XVII. The District shall provide a short-term disability plan for Professional and Confidential Employees which has a twenty-nine (29) day elimination period up to an employee’s eligibility for long-term disability and provides 66 ⅔% of an employee’s weekly pre-disability earnings to a maximum of $1,500 per week for a designated period of nine (9) weeks in accordance with coverage procured by the District from a carrier to be determined at the District’s sole discretion. XVIII. The District will match dollar for dollar not to exceed 2% salary earned per payroll period of a Professional and Confidential Employee’s salary or the employee’s actual amount of deferred compensation per payroll period, whichever amount is lesser. XIX. Professional and Confidential Employees shall continue to be assigned to a four (4) day workweek, consisting of ten (10) scheduled hours of work each day (a 4/10 schedule Monday through Thursday). The Board of Directors clearly and unequivocally has the right to terminate the 4/10 schedule at any time during the term of this Employee Compensation Letter. In such case, the schedule shall revert to the 9/80 schedule as existed immediately prior to implementation of the 4/10 schedule. XX. In situations where a Professional and Confidential Employee has been injured in a non-duty accident and their disability leave exceeds thirty (30) calendar days, their merit review and anniversary dates will be adjusted accordingly for that portion of leave exceeding thirty (30) calendar days. XXI. The District established a cafeteria plan under Section 125 of the Internal Revenue Code. Employees can voluntarily participate in both tax advantage flexible benefit and dependent care plans. Employees can elect to deduct up to an annual maximum of $2,000 towards the flexible benefit plan and/or an annual maximum of $5,000 towards the dependent care plan from their paychecks over twenty-four (24) pay periods per calendar year. The cafeteria plan will allow Professional and REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Professional and Confidential Employees Compensation Letter FYs 2015-2018 Confidential Employees to convert their share of insurance premiums, un- reimbursed medical expenses, child care and other qualifying expenditures to pretax dollars. XXII. The District shall reimburse Professional and Confidential Employees for sums paid to the appropriate agencies for obtaining or renewing treatment and/or distribution certificates and other professional certifications, registrations and job related training. XXIII. Professional and Confidential Employees who are required to wear safety boots in the performance of their job, as determined by the General Manager, shall be eligible for District-purchased boots in an amount not to exceed $200.00 each fiscal year. Safety footwear must meet American National Standards Institute (ANSI) minimum compression and impact performance standards in ANSI Z41- 1991 or provide equivalent protection. At the end of the current fiscal year, any unused funds shall not carry over into the next fiscal year. XXIV. The District shall provide pre-approved educational reimbursement to Professional and Confidential Employees for costs of tuition, fees, books and parking relating to educational courses directly related to an employee’s essential job duties for the employee’s present work classification as approved in advance by the General Manager and the Human Resources/Risk Manager. As education reimbursement each fiscal year, employees may receive up to the equivalent of one year’s full- time tuition at California State University for an in-state student. University and college-level course work must be undertaken at a Western Association of Schools and Colleges and Universities (WASC) accredited institution. To qualify for reimbursement, Professional and Confidential Employees must successfully complete a pre-approved course with a passing grade (C or better). In the event of a “Credit/No Credit” course, “Credit” will be considered a passing grade. Proof of payment and successful completion of the course with a passing grade as indicated in the District’s Educational Reimbursement Policy must accompany the Educational Tuition Reimbursement form (Exhibit A of the District’s Educational Reimbursement Policy). Professional and Confidential Employees shall be responsible for any tax consequences as a result of education reimbursement. If for any reason, the employee separates from District employment prior to completion of one (1) calendar year from the date of distribution by the District of funds provided for herein, all such amounts distributed during that one (1) calendar year period shall be considered a judgment due and owing to the District. The REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Professional and Confidential Employees Compensation Letter FYs 2015-2018 judgment amount shall be deducted from the employee’s final check. Any remaining, non-reimbursed amount shall be paid to the District within ninety (90) calendar days of separation from District employment. Each employee receiving funds pursuant to this section shall sign a written agreement to comply with the terms of this section as a condition precedent to receipt of any such funds. In the event of a layoff or work hour reduction, reimbursement will cover courses that are already in progress, provided that the employee successfully completes them with a passing grade and fulfills the other provisions of the Educational Reimbursement Policy. XXV. Professional and Confidential Employees who have been employed by the District for more than one year may sell to the District up to forty (40) hours of accrued unused vacation time upon thirty (30) days prior notice, provided that a minimum of one-half (½) the vacation time to which the employee is entitled within the same annual period of the sold vacation time remains in the employee’s vacation account after the cash distribution. Sell-back of vacation time will only be paid on the second payday in November of each year. XXVI. The Holiday schedule attached hereto as Exhibit F shall be in effect for full-time Professional and Confidential Employees covered by this Professional and Confidential Letter. For purposes of holiday compensation, compensation shall be equal to the number of hours that the Professional and Confidential Employee normally would have worked other than for the holiday. For those Professional and Confidential Employees whose scheduled work week is Monday through Thursday, a holiday falling on a Friday or Saturday shall not result in Thursday being a holiday, and a holiday falling on a Sunday shall not result in Monday being a holiday. Instead observed holidays that fall on a Friday, Saturday or Sunday shall be recognized as floating holidays earned. The floating holidays earned as a result of the above situation shall be used within the fiscal year in which it is accrued or the following fiscal year. Any unused floating holiday time will be cashed out at the employee’s base hourly rate at the end of the fiscal year following the fiscal year during which the time was accrued. For example, any unused floating holiday time accrued during fiscal year 2015-16 would be paid out at the end of fiscal year 2016-17. In order to be eligible for Holiday pay, a Professional and Confidential Employee must be either at work or on paid leave of absence on the regularly scheduled workday immediately preceding the day observed as the holiday and the regularly scheduled workday immediately following the day observed as the holiday. XXVII. The District shall reimburse Professional and Confidential Employees for sums paid to the appropriate state agencies for obtaining or renewing of Distribution, Treatment and/or Collection certificates. In addition, a one-time per fiscal year payment of $150.00 per certificate shall be provided to an affected employee who REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Professional and Confidential Employees Compensation Letter FYs 2015-2018 has qualified for and been issued a State Water Resources Control Board (SWRCB) Distribution or Treatment and/or California Water Environment Association (CWEA) Collection Certificate(s) which has been determined in the sole discretion of the General Manager to be relevant to the employee’s duties and which is other than a certificate that is a job requirement. The $150.00 payment shall apply for any Distribution, Treatment and/or Collection Certificates issued by the SWRCB or CWEA that are required above and beyond the required certification for a specific classification within the District and shall be issued during each year in which the applicable certificate(s) remains valid and remains other than a certificate which is a job requirement. The table below identifies the positions that require specific State of California Certifications. Classification Req’d Treatment Req’d Distribution Req’d Collection SCADA Administrator T2 D3 Sr. Construction Inspector D2 Water Maintenance Superintendent D5 Water Production Superintendent T2 D5 Water Quality Engineer D3 XXVIII.Effective March 26, 2018 - Acting Pay - Upon recommendation of the Department head and Human Resources/Risk and Safety Manager, the General Manager may temporarily appoint an employee to assume the duties of a higher job classification and shall be designated as "Acting." An employee who is designated as acting shall receive a minimum increase to the step closest to 5% above the step held by the employee immediately prior to the acting position, or shall be placed on Step 1 of the range established for the acting position, whichever is higher; however, the employee's rate shall not exceed Step 13 of the range established for the acting position at any time. An employee shall receive acting pay until officially released of those duties with the following conditions: a. Compensation shall be requested in writing, outlining the circumstances, and is subject to the approval of the Human Resources/Risk and Safety Manager. b. Acting pay will be effective when the acting appointment begins. REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Professional and Confidential Employees Compensation Letter FYs 2015-2018 c. An employee shall receive acting pay for a maximum of twenty-six (26) consecutive pay periods. Under special circumstances, the General Manager may authorize an extension to meet the needs of the District. d. If the employee is scheduled to receive a merit increase for the position in which he/she normally fills while serving in an acting status, the necessary forms shall be completed to document such increase, and such increase shall be implemented upon completion of acting status. e. The employee's merit increase date shall not be affected by acting status unless he/she is appointed to the position in which he/she was acting. If such, his/her review date shall be adjusted to coincide with the date he/she started in the Acting position or as provided in Section 4.12.g. f. If the employee is scheduled to receive any type of payout that was earned for the position in which he/she normally fills while serving in an acting status, the employee shall be paid out at the rate of pay equivalent to the position in which he/she normally fills. g. If an employee who is receiving acting pay is promoted to permanently fill the position in which he/she is acting, the date from which the employee began receiving acting pay shall be credited to the employee's total time worked in the position. Following the promotion, the employee's merit increase, if applicable, will be awarded at the conclusion of the promotional probationary period (including all time he/she was receiving acting pay). All subsequent merit increases will be awarded upon completion of twenty-six (26) complete pay periods. h. Where an employee continues to perform the job duties for the position he/she normally fills, acting pay shall not be reported to CalPERS as special compensation, and therefore is not compensation earnable pursuant to California Public Employees’ Retirement System (CalPERS) Regulations, Section 571. XXIX. The term of this Compensation Letter for Professional and Confidential Employees is for the period of July 1, 2015 to June 30, 2018. ___________________________ ______________________ Marc Marcantonio Date General Manager REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Management Employees Compensation Letter FYs 2015-2018 XXX. Effective March 26, 2018 - Acting Pay - Upon recommendation of the Department head and Human Resources/Risk and Safety Manager, the General Manager may temporarily appoint an employee to assume the duties of a higher job classification and shall be designated as "Acting." An employee who is designated as acting shall receive a minimum increase to the step closest to 5% above the step held by the employee immediately prior to the acting position, or shall be placed on Step 1 of the range established for the acting position, whichever is higher; however, the employee's rate shall not exceed Step 13 of the range established for the acting position at any time. An employee shall receive acting pay until officially released of those duties with the following conditions: a. Compensation shall be requested in writing, outlining the circumstances, and is subject to the approval of the Human Resources/Risk and Safety Manager. b. Acting pay will be effective when the acting appointment begins. c. An employee shall receive acting pay for a maximum of twenty-six (26) consecutive pay periods. Under special circumstances, the General Manager may authorize an extension to meet the needs of the District. d. If the employee is scheduled to receive a merit increase for the position in which he/she normally fills while serving in an acting status, the necessary forms shall be completed to document such increase, and such increase shall be implemented upon completion of acting status. e. The employee's merit increase date shall not be affected by acting status unless he/she is appointed to the position in which he/she was acting. If such, his/her review date shall be adjusted to coincide with the date he/she started in the Acting position or as provided in Section 4.12.g. f. If the employee is scheduled to receive any type of payout that was earned for the position in which he/she normally fills while serving in an acting status, the employee shall be paid out at the rate of pay equivalent to the position in which he/she normally fills. g. If an employee who is receiving acting pay is promoted to permanently fill the position in which he/she is acting, the date from which the employee began receiving acting pay shall be credited to the employee's total time worked in the position. Following the promotion, the employee's merit increase, if applicable, will be awarded at the conclusion of the promotional probationary period (including all time he/she was receiving acting pay). All subsequent merit increases will be awarded upon completion of twenty-six (26) complete pay periods. REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Management Employees Compensation Letter FYs 2015-2018 h. Where an employee continues to perform the job duties for the position he/she normally fills, acting pay shall not be reported to CalPERS as special compensation, and therefore is not compensation earnable pursuant to California Public Employees’ Retirement System (CalPERS) Regulations, Section 571. XXX.XXXI. The term of this Compensation Letter for Management Employees is for the period of July 1, 2015 to June 30, 2018. ___________________________ __________________ Marc Marcantonio Date General Manager REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Resolution No. 18-08 Amending Exhibit A of the Management Employees Compensation Letter 1 RESOLUTION NO. 18-08 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING EXHIBIT A OF THE MANAGEMENT EMPLOYEES COMPENSATION LETTER TO ADD ACTING PAY PROVISIONS FOR THE REMAINDER OF FISCAL YEARS 2015-2018 WHEREAS, the Board of Directors of the Yorba Linda Water District previously adopted the Employee Compensation Letter for Management Employees for Fiscal Years 2015-2018 (Resolution No. 15-08); and WHEREAS, the Board of Directors subsequently adopted Resolution No. 17-35 amending Exhibits A and E of the Employee Compensation Letter (Resolution No. 15-08) to rescind the At-Will Employment provision and modify the Pay Plan for Management Employees for the remainder of Fiscal Years 2015-2018; and WHEREAS, it is the desire of the Board of Directors to further amend Exhibit A of the Employee Compensation Letter (Resolution No. 15-08) in order to add Acting Pay provisions for Management Employees for the remainder of Fiscal Years 2015-2018. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That Exhibit A - Management Employees Compensation Letter of Resolution No. 15-08 be amended to read as attached hereto and by this reference incorporated herein effective March 26, 2018. REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Resolution No. 18-08 Amending Exhibit A of the Management Employees Compensation Letter 2 PASSED AND ADOPTED this 10th day of April 2018, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Al Nederhood, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Exhibit A Resolution No. 15-08 Employee Compensation Letter And Pay Plans for Management Employees Fiscal Years 2015-2018 I. The General Manager shall prepare an Employee Compensation Letter for the Board of Directors’ consideration. The Employee Compensation Letter shall describe the salaries, benefits and special conditions offered by the District to its Management Employee Group (Exhibit B). II. Effective July 1, 2015, the salary schedule attached hereto as Exhibit C shall be in effect for fiscal year 2015-2016 (reflecting a 2.5% base salary increase). III. Effective July 1, 2016, the salary schedule attached hereto as Exhibit D shall be in effect for fiscal year 2016-2017 (reflecting a 2% base salary increase). IV. Effective July 1, 2017, the salary schedule attached hereto as Exhibit E shall be in effect for fiscal year 2017-2018 (reflecting a 2% base salary increase). V. The District’s current contract with CalPERS is for a retirement benefit based on the single highest year with a Fourth Level of 1959 Survivor Benefit Program. The District has three tiers for retirement benefits: a. Tier 1 applies to District employees hired prior to January 26, 2012; b. Tier 2 applies to District employees hired between January 26, 2012 and December 31, 2012 and any District employees hired on or after January 1, 2013 who are defined as “classic members” under the Public Employees’ Retirement Law (“PERL”); and c. Tier 3 applies to District employees hired on or after January 1, 2013 who are defined as “new members” under the PERL. 1. Tier 1 and Tier 2 employees Tier 1 employees are enrolled in the 2% at 55 retirement formula. Tier 2 employees are enrolled in the 2% at 60 retirement formula. Tier 1 and Tier 2 employees pay the full employee contribution rate which is 7% of pensionable compensation. 2. Tier 3 employees REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Management Employees Compensation Letter FYs 2015-2018 Management Employees hired on or after January 1, 2013 who are “new members” as defined in the Public Employees’ Pension Reform Act of 2013 (PEPRA) are provided the following retirement benefits: 2.5% at 67 benefit formula with a three year (36 month) final compensation period. Employees may designate the highest 36 month period. Tier 3 employees shall individually pay an initial CalPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said newly hired employee is enrolled rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. VI. The District shall continue to maintain a "414(h)(2)" plan under the Internal Revenue Code for the purpose of treating contributions to PERS as deferred income for tax purposes to the extent permitted by law. Contributions will continue to be deducted from the employee's actual gross salary as reflected on the employee's pay stub. Employees shall otherwise be responsible for all taxes related to fringe and reimbursement benefits and the District shall make deductions in accordance with the law. VII. The Assistant General Manager classification serves at the will of the General Manager and may be dismissed without cause or right of appeal. VIII. Effective November 14, 2017, the District will implement a thirteen (13) step salary schedule with a 2.5% salary difference between steps replacing the District’s previous eleven (11) step salary schedule. Subsequent movement on the salary schedule is based on merit as follows: Evaluation process Each employee shall be reviewed annually on a one-year interval. Effective July 1, 2016, the District will implement a new five-rating performance evaluation with the following ratings: Unsatisfactory, Needs Improvement, Meets Expectations, Exceeds Expectations, and Outstanding. An employee who receives an overall rating Exceeds Expectations and with no Unsatisfactory and no more than two (2) Needs Improvement ratings on their evaluation shall be entitled to move one (1) step. An employee who receives an overall rating of Outstanding with no Unsatisfactory and no Needs Improvement ratings on their evaluation shall move two (2) steps. Movement shall take place until an employee has reached step 13. The District shall endeavor to have performance reviews completed by the employee’s anniversary date with the effective date of the merit salary increase being on the anniversary date. If the evaluation is delayed, any subsequent salary increase to which the employee is entitled as a result of the performance review rating shall be retroactive to the anniversary date. IX. Management Employees shall accrue vacation leave time with pay as follows: REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Management Employees Compensation Letter FYs 2015-2018 Duration of Continuous Regular Employment Hours Accrued per Pay Period During 1st through 60th month (0-5 yrs) 3.077 hrs = 2.0 wks/yr During 61st through 120th month (5-10 yrs) 4.615 hrs = 3.0 wks/yr During 121st through 180th month (10-15 yrs) 5.384 hrs = 3.5 wks/yr During 181st through 240th month (15-20 yrs) 6.153 hrs = 4.0 wks/yr During 241st month and thereafter (20+ yrs) 6.922 hrs = 4.5 wks/yr X. The District shall continue to provide group life insurance in the amount of one times basic annual salary rounded to the next higher multiple of $1,000, for each full-time regular Management Employee under age 70, on the first day of the month following date of hire, in accordance with the provisions of the contract between the District and any company of the District’s choosing providing such coverage. Management Employees may purchase additional life insurance coverage up to $300,000 by authorizing the additional premium to be deducted from their salary. In addition, a Management Employee can purchase life insurance for their spouse up to half of the employee’s coverage level. Some medical restrictions may apply. XI. The District shall pay 100% of the premium for hospital and medical insurance for all Management Employees who work in excess of 30 hours per week, effective the first of the month following date of hire and ⅔ of the additional premium toward Management Employee dependent coverage for covered employees with one or more dependents in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Management employee shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. XII. The District shall pay 100% of the premium for dental insurance for all Management Employees who work in excess of 30 hours or more per week, effective the first of the month following date of hire and ⅔ of the additional premium toward Management Employee dependent coverage for covered Management Employees with one or more dependents in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Management Employees shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. XIII. The District shall pay 100% of the premium for vision insurance for Management Employees who work in excess of 30 hours or more per week, effective the first of the month following date of hire and ⅔ of the additional premium toward dependent coverage for covered Management Employees with one or more dependents in accordance with the provisions of any contract between the District and any REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Management Employees Compensation Letter FYs 2015-2018 company or companies of the District's choosing. The Management Employee shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. XIV. For Management Employees who are employed by the District prior to December 8, 2011, and subject to carrier approval, the District shall pay the amounts provided in paragraphs XI, XII and XIII of this agreement for a period of time which is equivalent to one (1) year or pro ration thereof on a monthly basis for each three (3) years of service to the District or pro ration thereof on a quarterly basis. To be eligible for this benefit, the employee must be at least 50 years of age, must have five (5) complete consecutive years of service with the District, must provide ninety (90) days’ notice of intent to retire, retire from the District in good standing and remain in a retired status. The retired Management Employee must make any contribution required of a regular Management Employee pursuant to paragraphs XI, XII and XIII prior to the first day of the month in which coverage is to be extended. Failure of a Management Employee to make such payment shall result in termination of coverage and termination of any right to any benefit pursuant to this section. When the Management retiree, or their spouse, reaches age 65 and is eligible for Medicare, the coverage provided by the District shall become secondary to Medicare for the remainder of the benefit period. Management Employees hired on or after December 8, 2011 shall be ineligible to receive this benefit. XV. A Management Employee who retires (in accordance with the Public Employees' Retirement System qualifications) shall be paid at the rate of their final salary for ⅜ of their accumulated days of sick leave, if any, at the time of separation from active employment. The remaining ⅝ of their accumulated days of sick leave will be converted into CalPERS service credit. XVI. Management Employees who are laid off from District employment after being employed by the District for five (5) or more complete consecutive years of regular employment shall be compensated for accumulated, unused sick leave above 400 hours as follows: YEARS PERCENT PAYABLE ABOVE 400 HOURS ON THE BOOKS 5 through 9 20% 10 through 15 25% 16 through 20 and above 30% Employees who are terminated from the District for cause, or who resign in lieu of termination, shall not be eligible for this benefit. REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Management Employees Compensation Letter FYs 2015-2018 XVII. The District shall provide a long-term disability plan for Management Employees which has a 90-day elimination period and provides 66 ⅔% of an employee’s monthly pre-disability earnings to a maximum of $7,000 per month for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. XVIII. The District shall provide a short-term disability plan for Management Employees which has a twenty-nine (29) day elimination period up to an employee’s eligibility for long-term disability and provides 66 ⅔% of an employee’s weekly pre-disability earnings to a maximum of $1,500 per week for a designated period of nine (9) weeks in accordance with coverage procured by the District from a carrier to be determined at the District’s sole discretion. XIX. The District will match dollar for dollar not to exceed 2% salary earned per payroll period of a Management Employee’s salary or the employee’s actual amount of deferred compensation per payroll period, whichever amount is lesser. XX. Management Employees shall continue to be assigned to a four (4) day workweek, consisting of ten (10) scheduled hours of work each day (a 4/10 schedule Monday through Thursday). The Board of Directors clearly and unequivocally has the right to terminate the 4/10 schedule at any time during the term of this Employee Compensation Letter. In such case, the schedule shall revert to the 9/80 schedule as existed immediately prior to implementation of the 4/10 schedule. XXI. In situations where a Management Employee has been injured in a non-duty accident and their disability leave exceeds thirty calendar days, their merit review and anniversary dates will be adjusted accordingly for that portion of leave exceeding thirty (30) calendar days. XXII. The District established a cafeteria plan under Section 125 of the Internal Revenue Code. Employees can voluntarily participate in both tax advantage flexible benefit and dependent care plans. Employees can elect to deduct up to an annual maximum of $2,000 towards the flexible benefit plan and/or an annual maximum of $5,000 towards the dependent care plan from their paychecks over twenty-four (24) pay periods per calendar year. The cafeteria plan will allow Management Employees to convert their share of insurance premiums, un-reimbursed medical expenses, child care and other qualifying expenditures to pretax dollars. XXIII. The District shall reimburse Management Employees for sums paid to the appropriate agencies for obtaining or renewing treatment and/or distribution certificates and other professional certifications, registrations and job related training. XXIV. Management Employees who are required to wear safety boots in the performance of their job, as determined by the General Manager, shall be eligible for District REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Management Employees Compensation Letter FYs 2015-2018 purchased safety footwear in an amount not to exceed $200.00 each fiscal year. Safety footwear must meet American National Standards Institute (ANSI) minimum compression and impact performance standards in ANSI Z41-1991 or provide equivalent protection. At the end of the current fiscal year, any unused funds shall not carry over into the next fiscal year. XXV. The District shall provide pre-approved reimbursement to Management Employees for the cost of tuition, fees, books and parking relating to educational courses directly related to an employee’s essential job duties for the employee’s present work classification as approved in advance by the General Manager and the Human Resources/Risk Manager. As education reimbursement each fiscal year, employees may receive up to the equivalent of one year’s full-time tuition at California State University for an in-state student. University and college-level course work must be undertaken at a Western Association of Schools and Colleges and Universities (WASC) accredited institution. To qualify for reimbursement, Management Employees must successfully complete a pre-approved course with a passing grade (C or better). In the event of a “Credit/No Credit” course, “Credit” will be considered a passing grade. Proof of payment and successful completion of the course with a passing grade as indicated in the District’s Educational Reimbursement Policy must accompany the Educational Tuition Reimbursement form (Exhibit A of the District’s Educational Reimbursement Policy). Management Employees shall be responsible for any tax consequences as a result of education reimbursement. If for any reason, the employee separates from District employment prior to completion of one (1) calendar year from the date of distribution by the District of funds provided for herein, all such amounts distributed during that one (1) calendar year period shall be considered a judgment due and owing to the District. The judgment amount shall be deducted from the employee’s final check. Any remaining non-reimbursed amount shall be paid to the District within ninety (90) calendar days of separation from District employment. Each employee receiving funds pursuant to this section shall sign a written agreement to comply with the terms of this section as a condition precedent to receipt of any such funds. In the event of a layoff or work hour reduction, reimbursement will cover courses that are already in progress, provided that the employee successfully completes them with a passing grade and fulfills the other provisions of the Educational Reimbursement Policy. REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Management Employees Compensation Letter FYs 2015-2018 XXVI. Management Employees who have been employed by the District for more than one year may sell to the District up to forty (40) hours of accrued unused vacation time upon thirty (30) days prior notice, provided that a minimum of one-half (1/2) the vacation time to which the employee is entitled within the same annual period of the sold vacation time remains in the employee’s vacation account after the cash distribution. Sell-back of vacation time will only be paid on the second payday in November of each year. XXVII. Management Employees will be entitled to car allowance of $400.00/month as determined by the General Manager. The Engineering Manager, Finance Manager, IT Manager, Human Resources/Risk Manager, Operations Manager and Public Information Manager positions shall be eligible for this benefit. XXVIII. Management Employees shall receive a maximum of forty (40) hours of management leave with pay each fiscal year. Unused management leave time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at the employee’s then straight time hourly rate. There will be no carry-over of management leave time to the next fiscal year. Management Employees joining after the start of the fiscal year shall receive a prorated benefit based on the number of remaining payroll periods in the fiscal year. XXIX. The Holiday schedule attached hereto as Exhibit F shall be in effect for full-time Management Employees covered by this Management Letter. For purposes of holiday compensation, compensation shall be equal to the number of hours that the Management Employee normally would have worked other than for the holiday. For those Management Employees whose scheduled work week is Monday through Thursday, a holiday falling on a Friday or Saturday shall not result in Thursday being a holiday and a holiday falling on a Sunday, shall not result in Monday being a holiday. Instead observed holidays that fall on a Friday, Saturday or Sunday shall be recognized as floating holidays earned. The floating holidays earned as a result of the above situation shall be used within the fiscal year in which it is accrued or the following fiscal year. Any unused floating holiday time will be cashed out at the employee’s base hourly rate at the end of the fiscal year following the fiscal year during which the time was accrued. For example any unused floating holiday time accrued during fiscal year 2015-16 would be paid out at the end of fiscal year 2016-17. In order to be eligible for holiday pay, a Management Employee must be either at work or on paid leave of absence on the regularly scheduled workday immediately preceding the day observed as the holiday and the regularly scheduled workday immediately following the day observed as the holiday. REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Management Employees Compensation Letter FYs 2015-2018 XXX.Effective March 26, 2018 - Acting Pay - Upon recommendation of the Department head and Human Resources/Risk and Safety Manager, the General Manager may temporarily appoint an employee to assume the duties of a higher job classification and shall be designated as "Acting." An employee who is designated as acting shall receive a minimum increase to the step closest to 5% above the step held by the employee immediately prior to the acting position, or shall be placed on Step 1 of the range established for the acting position, whichever is higher; however, the employee's rate shall not exceed Step 13 of the range established for the acting position at any time. An employee shall receive acting pay until officially released of those duties with the following conditions: a. Compensation shall be requested in writing, outlining the circumstances, and is subject to the approval of the Human Resources/Risk and Safety Manager. b. Acting pay will be effective when the acting appointment begins. c. An employee shall receive acting pay for a maximum of twenty-six (26) consecutive pay periods. Under special circumstances, the General Manager may authorize an extension to meet the needs of the District. d. If the employee is scheduled to receive a merit increase for the position in which he/she normally fills while serving in an acting status, the necessary forms shall be completed to document such increase, and such increase shall be implemented upon completion of acting status. e. The employee's merit increase date shall not be affected by acting status unless he/she is appointed to the position in which he/she was acting. If such, his/her review date shall be adjusted to coincide with the date he/she started in the Acting position or as provided in Section 4.12.g. f. If the employee is scheduled to receive any type of payout that was earned for the position in which he/she normally fills while serving in an acting status, the employee shall be paid out at the rate of pay equivalent to the position in which he/she normally fills. g. If an employee who is receiving acting pay is promoted to permanently fill the position in which he/she is acting, the date from which the employee began receiving acting pay shall be credited to the employee's total time worked in the position. Following the promotion, the employee's merit increase, if applicable, will be awarded at the conclusion of the promotional probationary period (including all time he/she was receiving acting pay). All subsequent merit increases will be awarded upon completion of twenty-six (26) complete pay periods. REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 Management Employees Compensation Letter FYs 2015-2018 h. Where an employee continues to perform the job duties for the position he/she normally fills, acting pay shall not be reported to CalPERS as special compensation, and therefore is not compensation earnable pursuant to California Public Employees’ Retirement System (CalPERS) Regulations, Section 571. XXXI. The term of this Compensation Letter for Management Employees is for the period of July 1, 2015 to June 30, 2018. ___________________________ __________________ Marc Marcantonio Date General Manager REVISED ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: April 10, 2018 STATUS OF ENGINEERING ACTIVITIES April 10, 2018 1 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 Fairmont Booster Pump Station Upgrade ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 Fairmont BPS Upgrade Progress to Date Total Contract Amount: $7,240,566.28 Total Construction Cost to Date: $6,489,849.92 (89.6%) Anticipated Completion Date: January 25, 2019 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 Well 22 Drilling ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 Well 22 Drilling Progress to Date Total Contract Amount: $676,629.90 Total Construction Cost to Date: $576,927 (85.3%) Final Completion Date: April 10, 2018 ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 Other Capital Improvement Projects •Well 22 Equipping •Tract 15199 Waterline Replacement •Pressure Regulating Stations (PRS) Rehabilitation •2018 Sewer Main CIPP Rehabilitation ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018 Water Quality Dept. •2017 Annual Report to SWRCB DDW •2017 Consumer Confidence Report (CCR) ITEM NO. 9.1. MATERIALS SUBMITTED BY: Bryan Hong MEETING DATE: April 10, 2018