HomeMy WebLinkAbout2022-08-09 - Board of Directors Meeting Agenda Packet
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, August 9, 2022, 5:30 PM
1717 E Miraloma Ave, Placentia CA 92870
1. PARTICIPATION INSTRUCTIONS
Due to the continuing state of emergency declared by the California Governor related to preventing the
spread of Coronavirus (COVID-19), and pursuant to California Government Code Section 54953(e), this
meeting will be facilitated in a hybrid format. As such, Directors and members of the public may choose
to participate in person or by video/teleconference. Information for accessing this meeting by telephone
or internet-based service is provided below. For questions regarding participation, please call the Board
Secretary at (714) 701-3020.
Computer/Mobile Device: https://us06web.zoom.us/j/89399299720
Telephone: (669) 900-6833 or (346) 248-7799
Meeting ID: 893 9929 9720
2. CALL TO ORDER
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL
J. Wayne Miller, PhD, President
Brooke Jones, Vice President
Trudi DesRoches, Director
Phil Hawkins, Director
Tom Lindsey, Director
5. ADDITIONS/DELETIONS TO THE AGENDA
Items may be added to the agenda upon determination by a two-thirds vote of the Board, or a unanimous
vote if only three Directors are present, that there is a need to take immediate action which came to the
District's attention subsequent to the agenda being posted. (GC 54954.2(b)(2))
6. PUBLIC COMMENTS
Any individual wishing to address the Board (or Committee) is requested to identify themselves and state
the matter on which they wish to comment. If the matter is on the agenda, the Chair will recognize the
individual for their comment when the item is considered. No action will be taken on matters not listed on
the agenda. Comments are limited to three minutes and must be related to matters of public interest
within the jurisdiction of the Water District. (GC 54954.3)
7. CLOSED SESSION
The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The
public is excused during these discussions.
7.1. Conference with Legal Counsel - Anticipated Litigation
Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section
54956.9 of the California Government Code
Number of Potential Cases: One
Page 1 of 97
7.2. Conference with Legal Counsel - Anticipated Litigation
Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section
54956.9 of the California Government Code
Number of Potential Cases: One
7.3. Conference with Legal Counsel - Anticipated Litigation
Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section
54956.9 of the California Government Code
Number of Potential Cases: One
7.4. Public Employment
Pursuant to Section 54957 of the California Government Code
Title: General Manager
7.5. Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representatives: Board President and General Counsel
Unrepresented Employee: General Manager
8. REPORT FROM CLOSED SESSION
9. PUBLIC COMMENTS CONTINUED (ANTICIPATED TO BEGIN AT 6:30 PM)
Any individual wishing to address the Board (or Committee) is requested to identify themselves and state
the matter on which they wish to comment. If the matter is on the agenda, the Chair will recognize the
individual for their comment when the item is considered. No action will be taken on matters not listed on
the agenda. Comments are limited to three minutes and must be related to matters of public interest
within the jurisdiction of the Water District. (GC 54954.3)
10. INTRODUCTIONS AND PRESENTATIONS
10.1. Elected Official Liaison Reports
10.2. Federal and State Legislative Update
11. CONSENT CALENDAR
All items on the consent calendar are considered routine and may be approved by a single motion. There
will be no discussion of these items unless a member of the Board, staff, or public requests separate
consideration.
11.1. Minutes of the Board of Directors Meeting Held July 21, 2022
Recommendation: That the Board of Directors approve the minutes as
presented.
11.2. Reauthorizing Continuation of Virtual/Teleconference Board Meetings
Recommendation: That the Board of Directors reauthorize the continuation of
virtual/teleconference meetings pursuant to AB 361 for an additional 30 days
based on the findings that (1) the Board has reconsidered the circumstances of
the state of emergency for COVID-19, and that (2) state and local officials
continue to impose or recommend measures to promote social distancing.
11.3. Payments of Bills, Refunds, and Wire Transfers
Page 2 of 97
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $7,752,006.46.
11.4. Budget to Actual Statements for the Month Ending June 30, 2022
Recommendation: That the Board of Directors receive and file the Budget to
Actual Reports for the Month Ending June 30, 2022.
11.5. Cash and Investment Report for the Month Ending June 30, 2022
Recommendation: That the Board of Directors receive and file the Cash and
Investment Report for the Period Ending June 30, 2022.
11.6. Notice of Completion for FY22 Sewer CIPP Rehabilitation Project
Recommendation: That the Board of Directors authorize staff to file the Notice
of Completion for the FY22 Sewer CIPP Rehabilitation Project, Job No. J-2021-
28S.
11.7. Declaration of Restrictive Covenants with Juan Ma of 5992 Jasper Drive, Yorba
Linda
Recommendation: That the Board of Directors authorize the Board President
and Interim General Manager to execute a Declaration of Restrictive Covenants
with Juan Ma of 5992 Jasper Drive, Yorba Linda.
11.8. Quitclaim Deeds of 4858 and 4876 Main Street
Recommendation: That the Board of Directors authorize the Interim General
Manager to execute the Quitclaim Deeds to Longball Investments, LLC,
abandoning two sets of recorded easements of the Official Records of Orange
County, California.
11.9. Quitclaim Deed of 4842 Main Street
Recommendation: That the Board of Directors authorize the Interim General
Manager to execute the Quitclaim Deed to Transformation Ministries,
abandoning the recorded easement of the Official Records of Orange County,
California.
12. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board (or Committee) discussions
are needed prior to formal action.
12.1. Response to Orange County Grand Jury Report - Water in Orange County
Needs "One Voice"
Recommendation: That the Board of Directors approve the response to the
Orange County Grand Jury's report.
13. REPORTS, INFORMATION ITEMS, AND COMMENTS
13.1. Director's Reports
13.2. Interim General Manager's Report
13.3. General Counsel's Report
13.4. Future Agenda Items and Staff Tasks
14. COMMITTEE REPORTS
14.1. Interagency Committee with MWDOC and OCWD
Page 3 of 97
(Miller / DesRoches) - Next meeting will be scheduled when needed.
14.2. Joint Agency Committee with City of Yorba Linda
(Miller / Lindsey) - Minutes of the meeting held Monday, August 8, 2022, at 4:00
p.m. will be presented when available. Next meeting is yet to be scheduled.
14.3. Joint Agency Committee with City of Placentia
(Jones / Lindsey) - Next meeting is in the process of being scheduled.
15. BOARD OF DIRECTORS ACTIVITY CALENDAR
15.1. Meetings from August 10 - September 30, 2022
16. ADJOURNMENT
16.1. The next regular Board meeting is scheduled Tuesday, August 23, 2022. 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
Non-exempt materials related to open session agenda items that are distributed to a majority of the Board of
Directors (or Committee Members) less than seventy-two (72) hours prior to the meeting will be available for
public inspection in the lobby of the District’s Administrative building located at 1717 E Miraloma Ave, Placentia
CA 92870 during regular business hours. When practical, these materials will also be posted on the District’s
website at https://ylwd.com/. (GC 54957.5)
Accommodations for the Disabled
Requests for disability-related modifications or accommodations, including auxiliary aids or services, required for
participation in the above posted meeting should be directed to the Board Secretary at (714) 701-3020 at least 24
hours in advance. (GC 54954.2(a))
Page 4 of 97
ITEM NO. 11.1.
AGENDA REPORT
MEETING DATE: August 9, 2022
TO: Board of Directors
FROM: Doug Davert, Interim General Manager
STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT: Minutes of the Board of Directors Meeting Held July 21, 2022
RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
1. Draft Meeting Minutes
Page 5 of 97
Minutes of the YLWD Board of Directors Special Meeting Held July 21, 2022 at 5:30 p.m. 1
2022-XXX
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS SPECIAL MEETING
Thursday, July 21, 2022, 5:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. PARTICIPATION INSTRUCTIONS
Were included on the agenda.
2. CALL TO ORDER
The meeting was called to order at 5:31 p.m.
3. PLEDGE OF ALLEGIANCE
Director Lindsey led the pledge.
4. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
J. Wayne Miller, PhD, President Gina Knight, Human Resources and Risk Manager
Brooke Jones, Vice President Annie Alexander, Board Secretary
Trudi DesRoches
Phil Hawkins
Tom Lindsey
ALSO PRESENT
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
5. PUBLIC COMMENTS
None.
The following item was taken out of order.
7. ACTION CALENDAR
7.1.Identification of Agency Designated Representative for Labor Negotiations
Page 6 of 97
Minutes of the YLWD Board of Directors Special Meeting Held July 21, 2022 at 5:30 p.m. 2
2022-XXX
General Counsel Gagen explained the need for the Board to designate a
representative or representatives to negotiate the terms of an employment
agreement with prospective candidate(s) for the position of General Manager. He
also reviewed potential options for representatives including designating General
Counsel or two Directors. Director Lindsey proposed designating General Counsel
Gagen and President Miller as the representatives.
Director Lindsey made a motion, seconded by Director Jones, to designate the
President and General Counsel as representatives to negotiate the terms of an
employment agreement with the prospective candidate(s) for the position of
General Manager in accordance with Government Code Section 54957.6(a).
Motion carried 5-0-0-0 on a roll call vote.
Human Resources and Risk Manager Knight briefly commented on the process
for finalizing an employment agreement and setting goals and objectives for the
position of General Manager.
6. CLOSED SESSION
The Board entered Closed Session at 5:39 p.m.
6.1.Public Employment
Pursuant to Section 54957 of the California Government Code
Title: General Manager
6.2.Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: Interim General Manager
The Board returned to Open Session at 7:08 p.m.
The Board took no reportable action during Closed Session.
8. ADJOURNMENT
8.1.On a motion by Director Jones, seconded by Director DesRoches, the
meeting was adjourned at 7:09 p.m. Motion carried 5-0-0-0.
Annie Alexander
Board Secretary
Page 7 of 97
ITEM NO. 11.2.
AGENDA REPORT
MEETING DATE: August 9, 2022
TO: Board of Directors
FROM: Doug Davert, Interim General Manager
STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT: Reauthorizing Continuation of Virtual/Teleconference Board Meetings
RECOMMENDATION:
That the Board of Directors reauthorize the continuation of virtual/teleconference meetings pursuant
to AB 361 for an additional 30 days based on the findings that (1) the Board has reconsidered the
circumstances of the state of emergency for COVID-19, and (2) state and local officials continue to
impose or recommend measures to promote social distancing.
BACKGROUND:
At the October 21, 2021 Board meeting, pursuant to AB 361, the Board of Directors adopted
Resolution No. 2021-40 and authorized the Board to continue to have remote meetings based on the
continued state of emergency for COVID-19 and the finding that state and local officials have
imposed or recommended measures to promote social distancing. At the past several meetings,
including the July 12, 2022 meeting, the Board voted to continue such remote meetings for an
additional 30-day period. As previously indicated, if the Board wishes to continue to hold remote
meetings pursuant to AB 361, and assuming a state of emergency is still in place, it must make
similar findings at least every 30 days.
At the time this report was prepared, there is a continued state of emergency for COVID-19, and state
and local officials continue to recommend measures to promote social distancing. This item is on the
agenda for the Board to consider whether to continue remote meetings pursuant to AB 361 for an
additional 30 days and to make the appropriate findings.
Page 8 of 97
ITEM NO. 11.3.
AGENDA REPORT
MEETING DATE: August 9, 2022
TO: Board of Directors
FROM: Doug Davert, Interim General Manager
STAFF CONTACTS: Delia Lugo, Finance Manager
Keri Hollon, Accounting Assistant II
SUBJECT: Payments of Bills, Refunds, and Wire Transfers
RECOMMENDATION:
That the Board of Directors ratify and authorize disbursements in the amount of $7,752,006.46.
BACKGROUND:
Pursuant to Section 31302 of the California Water Code, staff is submitting a list of disbursements to
the Board of Directors for approval. The items on this disbursement list includes: a wire of $6,324.23
to Brick by Brick Restaurants LLC for a water developer refund on job number 2021-13; a wire of
$377,829.30 to US Bank for bond 22A fees; a wire of $1,504,228.47 to Orange County Water District
for PFAS plant work services; a wire of $3,402,933.30 to Orange County Water District for January
through June replenishment assessment; a wire of $310,512.06 to MWDOC for FY22-33 annual
retail services fee; a wire of $11,338.38 to Bank of America for July 2022 interest accrual payment;
an ACH payment of $856,271.00 to CalPERS for UAL FY22-23 plan 1171; an ACH payment of
$12,990.00 to CalPERS for UAL FY22-23 plan 26752, an ACH payment of $6,543.00 to CalPERS for
UAL FY22-23 plan 22046; a check of $64,474.52 to City of Anaheim for June 2022 electrical services
at various locations; a check of $46,119.64 to Coastline Equipment for new unit #240; a check of
$40,850.00 to Pascal & Ludwig Constructors, Inc. for J2009-22 #22 well 22 equipping; a check of
$41,463.13 for operations work materials; a check of $124,302.69 to ACWA/JPIA for FY22-23
property insurance premium; a check of $144,843.61 to ACWA/JPIA for August 2022 medical and
dental premiums.
The balance of $315,992.85 are routine invoices.
The Accounts Payable check register total is $7,267,016.18 and Payroll No. 15 total is $484,990.28;
where disbursements for this agenda report total $7,752,006,46. A summary of the disbursements is
attached.
ATTACHMENTS:
1. Cap Sheet for August 9, 2022
2. Check Register for August 9, 2022
3. Credit Card for August 9, 2022
4. BOD Credit Card for August 9, 2022
Page 9 of 97
CHECK NUMBERS:
8/9/2022 Computer Checks 80388-80478 778,046.44$
778,046.44$
WIRES:
CP2164708 CalPers 856,271.00$
CP2164709 CalPers 12,990.00
CP2164710 CalPers 6,543.00
W072222 BRICK BY BRICK RESTAURANTS LLC 6,324.23
W072722 U S Bank 377,829.30
W072822 Orange County Water District 1,504,228.47
W072822A Orange County Water District 3,402,933.30
W072822B Municipal Water District 310,512.06
W072822C Bank Of America 11,338.38
6,488,969.74$
7,267,016.18$
PAYROLL NO. 15:
Direct Deposits 309,137.57$
Payroll Taxes 98,514.45
EFT -- CalPERS 49,300.66
Third Party Checks 7772-7780 28,037.60
484,990.28$
484,990.28$
7,752,006.46$
================================================================
MEETING OF AUGUST 9, 2022
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
================================================================
DISBURSEMENT TOTAL
Summary of Disbursements
August 9, 2022
------------------------------------------------------------------------------------------------------------------
TOTAL OF PAYROLL
TOTAL OF CHECKS & WIRES
Page 10 of 97
Check No.Date Vendor Name Amount Description
80388 08/09/2022 RAYMOND ROSALES 1,131.76 CUSTOMER REFUND
80389 08/09/2022 ANDREW SMALTZ 854.59 CUSTOMER REFUND
80390 08/09/2022 ADRIANA POSADAS 36.91 CUSTOMER REFUND
80391 08/09/2022 BRANDYWINE HOMES 14,987.76 CUSTOMER REFUND
80392 08/09/2022 ALEXANDRIA HUBER 35.97 CUSTOMER REFUND
80393 08/09/2022 JOE A MENCHACA 69.41 CUSTOMER REFUND
80394 08/09/2022 JOLIE TUCHSCHER 16.44 CUSTOMER REFUND
80395 08/09/2022 IN-N-OUT BURGERS 2,649.48 CUSTOMER REFUND
80396 08/09/2022 SANCON TECHNOLOGIES 2,050.00 CUSTOMER REFUND
80397 08/09/2022 NET DEVELOPMENT 1,709.61 CUSTOMER REFUND
80398 08/09/2022 SHANNON DURBIN 93.00 CUSTOMER REFUND
80399 08/09/2022 YICHONG CAI 117.88 CUSTOMER REFUND
80400 08/09/2022 AIRGAS INC 148.54 WELDING SUPPLIES
80401 08/09/2022 Albert A. Webb Associates 5,967.50 J09-22 #22 WELL 22 PROFESSIONAL SERVICES JUNE 2022
80402 08/09/2022 All American Asphalt 37,411.95 J20-59/S MANHOLE & VALVE BOX ADJUSTMENT
80403 08/09/2022 Alternative Hose Inc.650.49 PARTS FOR UNIT #210 & WELL #18
80404 08/09/2022 Amazon Capital Services 305.36 MARKING TAPE & IT SUPPLIES
80405 08/09/2022 America's Instant Signs 55.41 FLAGS
80406 08/09/2022 Aqua-Metric Sales Co.29,811.99 OPERATIONS WORK MATERIAL
80407 08/09/2022 Aramark 744.45 UNIFORM SERVICE
80408 08/09/2022 AT & T - Calnet3 1,089.67 ATT CALNET
80409 08/09/2022 BrightView Tree Care Services Inc.1,593.79 MONTHLY LANDSCAPE SERVICE
80410 08/09/2022 CalCard US Bank 20,642.43 CREDIT CARD TRANSACTIONS - JUNE 2022
80411 08/09/2022 CIPO CLOUD SOFTWARE INC 650.00 CLOUD MONTHLY SUBSCRIPTION
80412 08/09/2022 Citizen's Business Bank 2,150.00 J09-22 #22 PASCAL & LUDWIG ESCROW HOLDING
80413 08/09/2022 City Of Anaheim - Anaheim Public Utilities 64,474.52 ELECTRICAL CHARGES JUNE 2022 - VARIOUS LOCATIONS
80414 08/09/2022 Coastline Equipment 46,119.64 NEW UNIT #240
80415 08/09/2022 Communications Lab 5,000.00 PROFESSIONAL SERVICES JUNE 2022
80416 08/09/2022 Costco 120.00 MEMBERSHIP RENEWAL FEE
80417 08/09/2022 Crane Rental Service, Inc.910.20 J21-45 BUILDING 2 CRANE RENTAL
80418 08/09/2022 Culligan of Santa Ana 9.00 EQUIPMENT PE SOFTENER
80419 08/09/2022 DCL America Inc.10,326.00 PARTS FOR WELL #5
80420 08/09/2022 Discount Tire Centers (Andonian Enterprises Inc.)1,192.83 TIRES FOR UNIT #E-193
80421 08/09/2022 Dean Criske Trucking 2,358.63 ROAD MATERIAL
80422 08/09/2022 DXP Enterprises, Inc.1,210.00 SKID REMOVAL
80423 08/09/2022 Elite Equipment Inc 95.83 PARTS FOR UNIT #229
80424 08/09/2022 Enkay Engineering & Equipment Inc 900.00 TRANSITE PIPE DISPOSAL
80425 08/09/2022 First American Title Insurance Company 1,500.00 HILLTOP 3 DEVELOPMENT SEARCH & EXAMINATION FEE
80426 08/09/2022 Fuller Truck Accessories 1,349.03 PARTS FOR UNIT #238
80427 08/09/2022 Gexpro 11,682.08 SCADA PARTS
80428 08/09/2022 Grainger 299.71 LOCKOUT KIT FOR FACILITIES
80429 08/09/2022 Graybar Electric Co 3,856.93 SCADA MATERIALS
80430 08/09/2022 GREGORIO VALENZUELA 387.00 CWEA MEMBERSHIP & CERTIFICATE REIMBURSEMENT - COLLECTIONS 2
80431 08/09/2022 Hach Company 1,281.33 WATER QUALITY WORK MATERIALS
80432 08/09/2022 Harrington Industrial 297.16 PRODUCTION PARTS
80433 08/09/2022 Industrial Hearing 1,000.00 HEARING TESTS FOR STAFF
80434 08/09/2022 Infosend Inc.2,288.11 BILLING & POSTAGE CUSTOMER BILL
80435 08/09/2022 Jackson's Auto Supply - Napa 158.65 PARTS FOR UNIT #222
80436 08/09/2022 Jeremy Smith 705.00 BENEFIT EXPENSE REIMBURSEMENT
80437 08/09/2022 Kimball Midwest 531.46 MECHANIC SHOP SUPPLIES
80438 08/09/2022 Laco Steel, Inc 2,856.58 J21-39 BRYANT RANCH FENCE MATERIAL
80439 08/09/2022 Line-X of Orange County 5,824.00 LINING REPAIR FOR UNIT #193
80440 08/09/2022 Mc Fadden-Dale Hardware 741.37 PRODUCTION HARDWARE SUPPLIES & TOOLS FOR SEWER VEHICLES
80441 08/09/2022 Mc Master-Carr Supply Co.941.34 GRATING FOR PRODUCTION
80442 08/09/2022 MCR Technologies Inc.2,268.31 LEVEL GAGES FOR WELLS
80443 08/09/2022 Miguel Luis Rico 1,580.00 J21-39 BRYANT RANCH FENCE PARTS
80444 08/09/2022 Minuteman Press 21.50 BUSINESS CARDS FOR PUBLIC AFFAIRS
80445 08/09/2022 Nickey Kard Lock Inc 8,947.31 FUEL 7/1/22-7/15/22
80446 08/09/2022 North American Recycling and Crushing, LLC 500.00 DISPOSAL OF OLD ROAD MATERIAL
80447 08/09/2022 Orange County - Tax Collector 411.42 UNSECURED PROPERTY TAX FEES FY20-21
80448 08/09/2022 Orkin Pest Control 208.00 PEST CONTROL
For Checks Dated: 7/27/2022 thru 8/9/2022
Yorba Linda Water District
Check Register
Page 11 of 97
80449 08/09/2022 Pascal & Ludwig Constructors, Inc 40,850.00 J09-22 #22 WELL 22 EQUIPPING
80450 08/09/2022 Linde Gas & Equipment Inc.828.50 WELDING SUPPLIES
80451 08/09/2022 Psomas & Associates 37,347.95 J21-02 PROFESSIONAL SERVICES - JUNE 2022
80452 08/09/2022 Quinn Company 2,467.58 PARTS FOR WELL #7 & HIGHLAND ENGINE SERVICE WORK
80453 08/09/2022 Raftelis Financial Consultants, Inc.1,852.50 PROFESSIONAL SERVICES JUNE 2022
80454 08/09/2022 R.E. Michel Company, LLC 480.82 J21-45 BUILDING 2 A/C PARTS
80455 08/09/2022 Rescue 411 5,220.00 CPR & AED TRAINING
80456 08/09/2022 Resource Computer Solutions 19,531.50 IT CONSULTING 7/15/22-8/14/22
80457 08/09/2022 Sagecrest Planning and Environmental 600.00 J20-46 PROFESSIONAL SERVICES JUNE 2022
80458 08/09/2022 So Cal Sandbags Inc.626.25 FILLED SANDBAGS
80459 08/09/2022 Southern Calif Edison Co.2,606.73 J18-27 METER SERVICE #3034291
80460 08/09/2022 Source 1 Environmental 10,577.44 SEWER PIPE PATCH KITS
80461 08/09/2022 Southern California Fleet Services, Inc 5,725.82 REPAIR WORK FOR UNITS #196, 197, 232
80462 08/09/2022 Rachel Padilla/Petty Cash 104.73 FOOD FOR STAFF WORKING OT
80463 08/09/2022 Step Saver Inc 4,377.45 SALT FOR CL2 SYSTEM
80464 08/09/2022 Tetra Tech, Inc.8,867.22 J20-46 PROFESSIONAL SERVICES APRIL 2022
80465 08/09/2022 United Site Services 388.23 J21-39 BRYANT RANCH FACILITY SERVICE
80466 08/09/2022 United Industries 69.81 OPERATIONS PPE
80467 08/09/2022 United Rentals 3,609.22 J21-39 EXCAVATOR RENTAL
80468 08/09/2022 UNUM Life Insurance Co. of America 5,232.55 LIFE,AD&D,STD<D - AUGUST 2022
80469 08/09/2022 USA Blue Book 261.82 HYDRANT OIL
80470 08/09/2022 United Water Works, Inc.41,463.13 OPERATIONS WORK MATERIAL
80471 08/09/2022 Vision Service Plan 2,552.95 VISION SERVICE PLAN - AUGUST 2022
80472 08/09/2022 West Coast Batteries Inc 326.88 BATTERY FOR UNIT #199
80473 08/09/2022 YO Fire 1,371.29 OPERATIONS WORK MATERIAL
80474 08/09/2022 Konica Minolta Business 1,228.16 COPY CHARGES FOR C258 & C558
80475 08/09/2022 Safety-Kleen Systems Inc 1,579.28 HAZARDOUS MATERIAL DISPOSAL
80476 08/09/2022 ACWA/JPIA 124,032.69 PROPERTY INSURANCE PREMIUM 7/1/22-6/30/23
80477 08/09/2022 ACWA/JPIA 144,843.61 MEDICAL & DENTAL PREMIUM AUGUST 2022
80478 08/09/2022 ACWA/JPIA 1,695.00 JPIA LEADERSHIP PROGRAM REGISTRATION - WESTON
CP2164708 07/28/2022 CalPERS 856,271.00 UAL FY2022-2023 PLAN 1171
CP2164709 07/28/2022 CalPERS 12,990.00 UAL FY2022-2023 PLAN 26752
CP2164710 07/28/2022 CalPERS 6,543.00 UAL FY2022-2023 PLAN 22046
W072222 07/22/2022 BRICK BY BRICK RESTAURANTS LLC 6,324.23 CUSTOMER REFUND
W072722 07/27/2022 U S Bank 377,829.30 22A BOND FEES
W072822 07/28/2022 Orange County Water District 1,504,228.47 J20-05 PFAS PLANT SERVICES
W072822A 07/28/2022 Orange County Water District 3,402,933.30 REPLENISH ASSESSMENT JANUARY-JUNE 2022
W072822B 07/28/2022 Municipal Water District 310,512.06 ANNUAL RETAIL SERVICES FY22-23
W072822C 07/28/2022 Bank Of America 11,338.38 INTEREST ON BOA LOC - JULY 2022
7,267,016.18
07/21/2022 PAYROLL - EMPLOYEE DIRECT DEPOSIT 309,137.57
07/21/2022 PAYROLL - PAYROLL TAX PAYMENT 98,514.45
07/21/2022 PAYROLL - CALPERS & TASC 49,300.66
7772 07/21/2022 Colonial Life 113.19
7773 07/21/2022 Lincoln Financial Group 3,620.79
7774 07/21/2022 Nationwide Retirement Solutions 20,793.22
7775 07/21/2022 CA State Disbursement Unit 366.92
7776 07/21/2022 CA State Disbursement Unit 384.92
7777 07/21/2022 Allstate 1,108.86
7778 07/21/2022 Midland 200.00
7779 07/21/2022 Reliance 54.55
7780 07/21/2022 Ameritas 1,395.15
484,990.28
Payroll Checks #15
Page 12 of 97
Vendor Name Amount Description
LOS ANGELES INT'L AIRPORT 25.61 TRAVEL EXPENSE - ACE CONFERENCE - WESTON, R
Calif Water Environ Assn (CWEA)106.00 CERTIFICATE RENEWAL - COLLECTIONS 4 - SILVESTRI, R
Mc Fadden-Dale Hardware 23.49 HIGHLAND PIPE FITTING
Ellsworth Truck & Auto Machine Inc.395.00 PARTS FOR WELL #1
Omni La Mansion del Rio 51.30 TRAVEL EXPENSE - ACE CONFERENCE - WESTON, R
The County Line 8.53 TRAVEL EXPENSE - ACE CONFERENCE - WESTON, R
Foundation Building Materials 105.48 CEILING TILES
Mc Fadden-Dale Hardware 179.08 PRODUCTION PARTS
Starbucks Store 3.52 TRAVEL EXPENSE - ACE CONFERENCE - WESTON, R
Hyatt Regency Hotels 840.27 TRAVEL EXPENSE - ACE CONFERENCE - WESTON, R
GADAA TAXI 31.62 TRAVEL EXPENSE - ACE CONFERENCE - WESTON, R
ROSARIO'S 16.01 TRAVEL EXPENSE - ACE CONFERENCE - WESTON, R
Fitness Grill 239.78 AUDIT LUNCH MEETING - 8 ATTEND
ID WHOLESALER 79.51 DATA CARDS
Home Depot 128.22 WEED SPRAY
Home Depot 271.83 J22-08 BUILDING 2 MATERIALS
Home Depot (268.28) RETURN - J21-39 BRYANT RANCH MATERIALS
Time Warner Cable 659.58 INTERNET & DISTRICT TV SERVICES
CALIFORNIA FISH GRILL 34.75 FOOD FOR STAFF WORKING OT
Home Depot 581.33 J21-39 BRYANT RANCH MATERIALS
Home Depot 154.04 J21-39 BRYANT RANCH MATERIALS
Home Depot 152.30 FACILITIES REPAIR MATERIALS
ZOOM 84.97 VIRTUAL MEETING SUBSCRIPTION
SMARTSHEET 19.00 MONTHLY SOFTWARE SUBSCRIPTION
Nexa Receptionists, LLC 685.40 AFTER HOURS PHONE SERVICE
ONLINE Information Services, Inc.86.98 ONLINE UTILITY EXCHANGE & COLLECTION
ONLINE Information Services, Inc.447.07 ONLINE UTILITY EXCHANGE & COLLECTION
Republic Services #676 650.71 DISPOSAL SERVICE
Home Depot 125.84 J22-08, J21-44 BUILDING 1 & 2 MATERIALS
Adobe 54.99 SOFTWARE LICENSE
Home Depot 201.98 ELECTRICAL SUPPLIES FOR WELL#5
Crane Rental Service, Inc.1,121.10 J21-44 BUILDING 1 CRANE RENTAL
SurveyMonkey (384.00) SURVEY MONKEY SUBSCRIPTION REFUND
NCH Software 51.28 VIDEO EDITING SOFTWARE RENEWAL - ORTEGA, V
Home Depot 86.04 FACILITIES HARDWARE SUPPLIES
Home Depot 43.33 RAPID SET CEMENT & BLADES
Chefs Toys 393.65 J22-08 BUILDING 2 MATERIALS
Home Depot 98.29 FACILITIES HARDWARE SUPPLIES
Donut Star 45.00 SAFETY MEETING SUPPLIES
Home Depot 10.63 BATTERY FOR KEY FOB - UNIT #195
Leadership Development Network 50.25 DISC ASSESSMENT - MUTTARAID, M
VONS 72.63 EMPLOYEE APPRECIATION SUPPLIES
Harbor Freight Tools 251.03 AUGER DRILL & TILES
Home Depot 63.34 CHLORINE ANALYZER VALVE BOX
Carbon Bulk Sales 1,309.70 WATER LEVEL METERS FOR PRODUCTION
Home Depot 106.30 FACILITIES HARDWARE SUPPLIES
Home Depot 90.19 WELLS#5 SCADA MATERIAL
Costco 726.41 SUPPLIES FOR DISTRICT LUNCHEON
Harbor Freight Tools 96.96 J21-39 AUGER BIT
Home Depot 72.35 PRODUCTION HARDWARE SUPPLIES
Village Nurseries 90.21 SOD FOR LANDSCAPE REPAIR
Home Depot 233.58 SOD FOR LANDSCAPE REPAIR
U.S. Saws, Inc.701.38 REPLACEMENT SAW BLADES
United Site Services 671.84 J21-39 FACILITY SITE SERVICES
Home Depot 9.63 MULCH FOR LANDSCAPE REPAIR
NCH Software 51.03 VIDEO EDITING SOFTWARE RENEWAL - ALEXANDER, A
Amazon Capital Services 55.44 EMPLOYEE SERVICE RECOGNITION
NPELRA 110.00 ANNUAL MEMBERSHIP RENEWAL - KNIGHT, G
Home Depot 145.33 PRODUCTION TOOLS
Chefs Toys 158.33 DISTRICT MEETING SUPPLIES
Smart & Final 143.22 DISTRICT MEETING SUPPLIES
Home Depot 132.06 FACILITIES HARDWARE SUPPLIES
The Art of Carving Ice, Inc.313.64 ICE FOR 4TH OF JULY EVENT
9-Aug-22
Cal Card Credit Card
U S Bank
Page 13 of 97
Smart & Final (48.49) MEETING SUPPLY RETURN
COUNTY OF ORANGE RECORDER 2.00 COPY OF RECORDED DOCUMENT
Time Warner Cable 226.48 INTERNET & DISTRICT TV SERVICES
MAP Communications 274.00 AFTER HOURS PHONE SERVICE
Donut Star 39.00 SAFETY MEETING SUPPLIES
Smart & Final 61.81 SAFETY MEETING SUPPLIES
Smart & Final 58.07 SUPPLIES FOR 4TH OF JULY EVENT
Smart & Final 13.53 KITCHEN SUPPLIES
Smart & Final 48.49 SUPPLIES FOR 4TH OF JULY EVENT
Farmer Boys 96.40 FOOD FOR STAFF WORKING INVENTORY COUNT
The Art of Carving Ice, Inc.168.02 ICE FOR 4TH OF JULY EVENT
BACKGROUNDS ONLINE 188.03 NEW HIRE BACKGROUND CHECK
IN-N-OUT RESTAURANTS 72.57 FOOD FOR STAFF WORKING OT
Home Depot 100.21 J21-39 AUGER RENTAL FEES
Home Depot 536.88 J21-39 BRYANT RANCH MATERIALS
B & C Burgers 29.00 FOOD FOR STAFF WORKING 4TH OF JULY EVENT
Municipal Water District 20.00 ISDOC QUARTERLY LUNCH REGISTRATION - JONES, B
Municipal Water District 20.00 ISDOC QUARTERLY LUNCH REGISTRATION - DAVERT, D
Municipal Water District 20.00 ISDOC QUARTERLY LUNCH REGISTRATION - HAWKINS, P
Home Depot 23.78 SEWER CAMERA TRUCK SUPPLIES
County of Orange 67.00 DISPOSAL OF OLD ROAD MATERIAL
Orvac Electronics 11.29 LIGHT FOR UNIT #230
Calif Special Districts Assn 250.00 ACCREDITATION RENEWAL FEE
Time Warner Cable 232.11 INTERNET & DISTRICT TV SERVICES
Time Warner Cable 2,038.04 INTERNET & DISTRICT TV SERVICES
CALPELRA 405.00 CALPELRA CONF REGISTRATION - KNIGHT, G
Southwest Airlines 15.00 CALPELRA CONFERENCE AIRFARE - KNIGHT, G
Southwest Airlines 15.00 CALPELRA CONFERENCE AIRFARE - KNIGHT, G
Southwest Airlines 282.96 CALPELRA CONFERENCE AIRFARE - KNIGHT, G
Mc Fadden-Dale Hardware 138.78 WIRE SPOOLS FOR UNIT#238
KB Design 188.41 SHIRTS FOR ENGINEERING
Lamp Post Pizza 121.53 FINANCE DEPARTMENT LUNCH MEETING
Donut Star 39.00 SAFETY MEETING SUPPLIES
Home Depot 40.95 FACILITIES HARDWARE SUPPLIES
Carl's Jr Restaurant 71.63 FOOD FOR STAFF WORKING OT
Health Products For You 229.79 MEDICAL SUPPLIES FOR VEHICLES
APPLE 0.99 OFFICE EXPENSE
Home Depot 404.04 J21-39 BRYANT RANCH SUPPLIES
Home Depot 425.59 J21-39 BRYANT RANCH SUPPLIES
Home Depot 15.42 J21-39 BRYANT RANCH SUPPLIES
Home Depot 404.04 J21-39 BRYANT RANCH SUPPLIES
20,642.43
Page 14 of 97
BOD Vendor Name Document Amount Description
Hawkins, Phil Municipal Water District 20.00 ISDOC QUARTERLY LUNCH REGISTRATION - HAWKINS, P
Jones, Brooke Municipal Water District 20.00 ISDOC QUARTERLY LUNCH REGISTRATION - JONES, B
40.00
9-Aug-22
Cal Card Credit Card
Board of Directors
Page 15 of 97
ITEM NO. 11.4.
AGENDA REPORT
MEETING DATE: August 9, 2022
TO: Board of Directors
FROM: Doug Davert, Interim General Manager
STAFF CONTACTS: Delia Lugo, Finance Manager
SUBJECT: Budget to Actual Statements for the Month Ending June 30, 2022
RECOMMENDATION:
That the Board of Directors receive and file the Budget to Actual Reports for the Month Ending June
30, 2022.
BACKGROUND:
For the month ending June 30, 2022, staff is presenting Budget to Actual Reports for the District as a
whole, as well as the individual water and sewer funds. These attached reports do not reflect the final
reportable results for the year ending June 30, 2022.
Cumulative Volumetric Water Revenue, as reported for the month ending June 30, 2022, reflects an
average decrease of 9.85% as compared to the prior year for the same reporting period.
Total Variable Costs results, as reported through the month ending June 30, 2022, reflect an
approximate 10.45% increase when compared to prior year results for the same reporting period.
The increase in costs is predominantly reflective of the year-to-date increase in import water
purchases.
ATTACHMENTS:
1. June 2022 Budget to Actual Statements
Page 16 of 97
Yorba Linda Water District
Summary Financial Report
Water & Sewer Funds
For Period Ending June 30, 2022
Annual YTD June YTD YTD Actual Prior Year Prior Year YTD Actual YTD Actual
Budget Budget Actual Actual (Under) Over June Actual Actual (thru vs vs
FY22 FY22 FY22 FY22 YTD Budget FY21 June 2021)PY Actual $PY Actual %
Revenue (Operating):
Water Revenue (Residential)$15,834,595 $15,834,595 1,584,135$ 15,194,195$ (640,400)$ $1,787,702 $17,118,339 (1,924,144)-11.24%
Water Revenue (Commercial & Fire Det.)1,555,486 $1,555,486 153,786 1,607,630 52,144 174,389 1,720,003 (112,373)-6.53%
Water Revenue (Landscape/Irrigation)3,782,756 $3,782,756 419,208 3,839,467 56,711 477,480 4,351,773 (512,306)-11.77%
Water Revenue (Service Charge)13,412,193 $13,412,193 1,129,575 13,357,644 (54,549)972,226 11,551,365 1,806,279 15.64%
Water Revenue (PFAS Impact Fee)894,116 894,116 - 889,401 (4,715) 148,322 740,215 149,186 100.00%
Property Taxes - CFC Charges 2,985,028 2,985,028 - 2,912,630 (72,398) - - 2,912,630 100.00%
Sewer Charge Revenue 2,844,118 $2,844,118 241,647 2,902,838 58,720 209,799 2,454,035 448,803 18.29%
Locke Ranch Assessments 331,878 331,878 - 330,582 (1,296) 65 301,452 29,130 9.66%
Other Operating Revenue 812,526 812,526 205,694 1,265,286 452,760 141,956 870,472 394,814 45.36%
Total Operating Revenue:42,452,696 42,452,696 3,734,045 42,299,673 (153,023)3,911,939 39,107,654 3,192,019 8.16%
Revenue (Non-Operating):
Interest 308,000 308,000 4,034 109,334 (198,666)5,551 218,231 (108,897)-49.90%
Property Tax 2,025,000 2,025,000 16,429 2,126,175 101,175 14,236 2,047,105 79,070 3.86%
Other Non-Operating Revenue 601,446 601,446 (25,204) 507,904 (93,542)84,578 1,226,851 (718,947)-58.60%
Total Non-Operating Revenue:2,934,446 2,934,446 (4,741) 2,743,413 (191,033)104,365 3,492,187 (748,774)-21.44%
Total Revenue 45,387,142 45,387,142 3,729,304 45,043,086 (344,056)4,016,304 42,599,841 2,443,245 5.74%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)21,329,830 21,329,830 1,459,682 20,579,427 (750,403)2,249,247 18,632,314 1,947,113 10.45%
Salary Related Expenses 12,050,996 12,050,996 869,405 10,758,769 (1,292,227)1,076,541 10,417,406 341,363 3.28%
Supplies & Services 6,506,608 6,506,608 586,536 6,176,720 (329,888)567,930 5,203,360 973,360 18.71%
Total Operating Expenses 39,887,434 39,887,434 2,915,623 37,514,916 (2,372,518)3,893,718 34,253,080 3,261,836 9.52%
Expenses (Non-Operating):
Interest on Long Term Debt 1,286,985 1,286,985 105,352 1,243,328 (43,658) 106,513 1,293,830 (50,503) -3.90%
Other Expense 13,365 13,365 (2,386) (78,885) (92,250)12,564 481,626 (560,511) -116.38%
Total Non-Operating Expenses:1,300,350 1,300,350 102,966 1,164,443 (135,908) 119,077 1,775,456 (611,014) -34.41%
Total Expenses 41,187,784 41,187,784 3,018,589.0 38,679,359 (2,508,426)4,012,795 36,028,536 2,650,823 7.36%
Net Position Before Capital Contributions 4,199,358 4,199,358 710,715 6,363,727 2,164,370 3,509 6,571,305 (207,578) -3.16%
Capital Contributions (Non-Cash - - - 289,612 289,612 927,778 2,051,988 (1,762,376)
Transaction GASB 34 Compliant)
Net Position Before Depreciation 4,199,358 4,199,358 710,715 6,653,339 2,453,982 931,287 8,623,293 (1,969,954)-22.84%
Depreciation & Amortization 8,115,685 8,115,685 657,697 8,000,353 (115,332) 648,328 7,854,419 145,934 1.86%
Total Net Position ($3,916,327)($3,916,327)53,018 (1,347,014) $2,569,314 $282,959 $768,874 ($2,115,888)-275.19%
(With June 30, 2021 for comparison purposes)
Page 17 of 97
Annual YTD June YTD YTD Actual Prior Year Prior YTD YTD Actual YTD - CUR
Budget Budget Actual Actual (Under)Over June Actual Actual (thru vs vs
FY22 FY22 FY22 FY22 YTD Budget FY21 June 2021) PY Actual $PY Actual %
Revenue (Operating):
Water Revenue (Residential)15,834,595$ $15,834,595 1,584,135$ 15,194,195$ (640,400)$ 1,787,702$ 17,118,339$ (1,924,144)$ -11.24%
Water Revenue (Commercial & Fire Det.)1,555,486 1,555,486 153,786 1,607,630 52,144 174,389 1,720,003 (112,373) -6.53%
Water Revenue (Landscape/Irrigation)3,782,756 3,782,756 419,208 3,839,467 56,711 477,480 4,351,773 (512,306) -11.77%
Water Revenue (Service Charge)13,412,193 13,412,193 1,129,575 13,357,644 (54,549) 972,226 11,551,365 1,806,279 15.64%
Water Revenue (PFAS Impact Fee)894,116 894,116 889,401 (4,715) 148,322 740,215 149,186 100.00%
Water Revenue (CFC)2,985,028 2,985,028 - 2,912,630 (72,398) - - 2,912,630 100.00%
Other Operating Revenue 771,723 771,723 174,406 1,077,798 306,075 70,610 721,971 355,827 49.29%
Total Operating Revenue:39,235,897 $39,235,897 3,461,110 38,878,765 (357,132) 3,630,729 36,203,666 2,675,099 7.39%
Revenue (Non-Operating):
Interest 240,000 240,000 1,632 73,148 (166,852) 2,068 166,922 (93,774) -56.18%
Property Tax 2,025,000 2,025,000 16,429 2,126,176 101,176 14,236 2,047,105 79,071 3.86%
Other Non-Operating Revenue 591,046 591,046 (16,726) 365,802 (225,244) 78,313 1,203,618 (837,816) -69.61%
Total Non-Operating Revenue:2,856,046 2,856,046 1,335 2,565,126 (290,920) 94,617 3,417,645 (852,519) -24.94%
Total Revenue 42,091,943 42,091,943 3,462,445 41,443,891 (648,052) 3,725,346 39,621,311 1,822,580 4.60%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power)21,329,830 21,329,830 1,459,682 20,579,427 (750,403) 2,249,247 18,632,314 1,947,113 10.45%
Salary Related Expenses 10,123,000 10,123,000 745,162 9,250,765 (872,235) 921,194 8,913,281 337,484 3.79%
Supplies & Services:
Communications 139,402 139,402 6,198 107,644 (31,758) 8,356 141,206 (33,562) -23.77%
Contractual Services 584,405 584,405 37,244 535,695 (48,710) 37,262 611,160 (75,465) -12.35%
Data Processing 303,500 303,500 17,429 236,946 (66,554) 22,282 239,479 (2,533) -1.06%
Dues & Memberships 82,295 82,295 6,313 83,143 848 3,043 74,387 8,756 11.77%
Fees & Permits 339,889 339,889 16,959 353,822 13,933 11,767 318,316 35,506 11.15%
Insurance 263,500 263,500 18,931 237,543 (25,957) 18,474 233,605 3,938 1.69%
Materials 702,120 702,120 71,455 815,733 113,613 71,145 666,822 148,911 22.33%
District Activities, Emp Recognition 45,026 45,026 3,915 27,347 (17,679) 1,149 19,709 7,638 38.75%
Maintenance 768,630 768,630 170,616 1,044,981 276,351 79,798 445,473 599,508 134.58%
Non-Capital Equipment 128,208 128,208 6,791 141,044 12,836 31,197 170,943 (29,899) -17.49%
Office Expense 37,821 37,821 5,227 32,448 (5,373) 6,413 33,539 (1,091) -3.25%
Professional Services 1,510,723 1,510,723 56,161 951,599 (559,124) 81,115 715,433 236,166 33.01%
Training 61,277 61,277 5,901 29,149 (32,128) 5,527 27,702 1,447 5.22%
Travel & Conferences 79,511 79,511 557 18,526 (60,985) 1,399 5,945 12,581 0.00%
Uncollectible Accounts 8,330 8,330 (430) 14,700 6,370 4,548 12,470 2,230 17.88%
Utilities 169,150 169,150 8,671 166,628 (2,522) 9,868 169,931 (3,303) -1.94%
Vehicle Equipment 302,770 302,770 40,187 407,827 105,057 31,470 407,792 35 0.01%
Supplies & Services Sub-Total 5,526,557 5,526,557 472,125 5,204,775 (321,782) 424,813 4,293,912 910,863 21.21%
Total Operating Expenses 36,979,387 36,979,387 2,676,969 35,034,967 (1,944,420) 3,595,254 31,839,507 3,195,460 10.04%
Expenses (Non-Operating):
Interest on Long Term Debt 1,286,985 1,286,985 105,352 1,243,328 (43,657) 106,513 1,293,830 (50,502) -3.90%
Other Expense 7,665 7,665 (2,386) (95,220) (102,885) 10,927 474,550 (569,770) -120.07%
Total Non-Operating Expenses:1,294,650 1,294,650 102,966 1,148,108 (146,542) 117,440 1,768,380 (620,272) -35.08%
Total Expenses 38,274,037 38,274,037 2,779,935 36,183,075 (2,090,962) 3,712,694 33,607,887 2,575,188 7.66%
Net Position Before Capital Contributions 3,817,906 3,817,906 682,510 5,260,815 1,442,909 12,652 6,013,424 (752,609) -12.52%
Capital Contributions (Non-Cash Transaction -- - - 176,963 176,963 779,980 1,297,379 (1,120,416) 1,297,379
GASB 34 Compliant)
Net Position Before Depreciation 3,817,906 3,817,906 682,510 5,437,778 1,619,872 792,632 7,310,803 (1,873,025) -25.62%
Depreciation & Amortization 6,590,000 6,590,000 532,315 6,507,197 (82,803) 524,479 6,377,037 130,160 2.04%
Total Net Position (2,772,094)$ (2,772,094)$ 150,195$ (1,069,419) 1,702,675$ 268,153$ 933,766$ (2,003,185)$ -214.53%
Yorba Linda Water District
Water Fund
For Period Ending June 30, 2022
(With June 30, 2021 for comparison purposes)
Page 18 of 97
$29,904,639
$32,556,370 $32,080,275
$34,679,455
$33,248,356
$35,317,106
$39,621,311
$41,443,891
4.6%
$24,606,491 $23,616,635
$26,291,431
$28,480,276 $28,405,822
$31,593,307 $33,607,887
$36,183,075
7.66%
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
$45,000,000
June. 2015 June-16 June-17 June-18 June-19 June-20 June-21 June-22
Water Revenues & Expenses - June
(excludes Depreciation, Special Items, and Contributed Capital )
Total Revenue Total Expenses
Page 19 of 97
1,460,113
1,505,340 1,358,893
1,340,186
1,143,948
1,518,953
939,601
1,019,271
788,116
1,200,582
1,311,137
1,370,194
1,671,801 1,729,514
1,512,043
1,307,477
981,384 1,019,234
657,883
460,667
590,007
945,974
1,132,782
1,305,692
1,660,561
1,492,928
1,435,706
1,361,053
1,100,471
1,058,481
772,447
1,367,226
1,231,436
1,286,293
2,065,064 2,084,721
1,469,440
1,556,303
1,448,941
1,392,832
1,103,786
1,636,877
915,454
1,372,040
1,494,768
1,898,999
2,093,627
2,249,247
2,412,958 2,439,092
2,240,006
1,929,318
1,805,038
1,306,610
1,789,071
1,254,568
1,185,077
1,306,798
1,451,208
1,459,682
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar April May June
5‐Year Variable Costs Analysis
FY18 Var Costs FY19 Var Costs FY20 Var Costs FY21 Var Costs FY22 Var Costs
Page 20 of 97
Annual YTD June YTD YTD Actual Prior Year Prior Year YTD Actual YTD - CUR
Budget Budget Actual Actual (Under)Over June Actual Actual (thru vs vs
FY22 FY22 FY22 FY22 YTD Budget FY21 June 2021)PY Actual $PY Actual %
Revenue (Operating):
Sewer Charge Revenue $2,844,118 $2,844,118 241,647$ 2,902,839$ $58,721 $209,799 $2,454,035 $448,804 18.29%
Locke Ranch Assessments 331,878 $331,878 - 330,582 (1,296) 65 301,452 29,130 0.00%
Other Operating Revenue 40,803 40,803 31,288 187,487 146,684 71,346 148,502 38,985 26.25%
Total Operating Revenue:3,216,799 3,216,799 272,935 3,420,908 204,109 281,210 2,903,989 516,919 17.80%
Revenue (Non-Operating):
Interest 68,000 68,000 2,402 36,185 (31,815)3,483 51,309 (15,124)-29.48%
Other Non-Operating Revenue 10,400 10,400 (8,477) 142,104 131,704 6,264 23,233 118,871 511.65%
Total Non-Operating Revenue:78,400 78,400 (6,075)178,289 99,889 9,747 74,542 103,747 139.18%
Total Revenue 3,295,199 3,295,199 266,860 3,599,197$ 303,998 290,957 2,978,531 620,666 20.84%
Expenses (Operating):
Salary Related Expenses 1,927,996 1,927,996 124,243 1,508,005 (419,991)155,348 1,504,125 3,880 0.26%
Supplies & Services:
Communications 24,600 24,600 1,094 19,207 (5,393)1,475 24,727 (5,520)-22.32%
Contractual Services 87,335 87,335 4,502 67,449 (19,886)4,936 93,729 (26,280)-28.04%
Data Processing 46,500 46,500 2,673 38,179 (8,321)3,707 35,823 2,356 6.58%
Dues & Memberships 14,504 14,504 1,114 14,659 155 537 13,027 1,632 12.53%
Fees & Permits 47,951 47,951 3,665 34,804 (13,147)2,228 36,137 (1,333)-3.69%
Insurance 46,500 46,500 3,341 41,921 (4,579)3,260 41,370 551 1.33%
Materials 73,030 73,030 1,046 57,152 (15,878)1,101 51,748 5,404 10.44%
District Activities, Emp Recognition 7,946 7,946 691 4,813 (3,133)199 3,471 1,342 38.66%
Maintenance 229,770 229,770 63,981 296,819 67,049 73,714 167,098 129,721 0.00%
Non-Capital Equipment 63,742 63,742 667 57,730 (6,012)4,852 25,017 32,713 130.76%
Office Expense 6,674 6,674 922 5,725 (949)878 5,830 (105)-1.80%
Professional Services 159,417 159,417 17,443 204,131 44,714 37,996 306,437 (102,306)-33.39%
Training 16,748 16,748 1,822 11,677 (5,071)1,282 6,087 5,590 91.84%
Travel & Conferences 16,084 16,084 98 2,257 (13,827) 1,101 1,829 428 0.00%
Uncollectible Accounts 1,470 1,470 (117) 3,415 1,945 1,204 3,436 (21)-0.61%
Utilities 29,850 29,850 1,741 28,976 (874)1,741 32,006 (3,030)-9.47%
Vehicle Equipment 107,930 107,930 9,728 83,031 (24,899)2,906 61,678 21,353 34.62%
Supplies & Services Sub-Total 980,051 980,051 114,411 971,945 (8,106) 143,117 909,450 62,495 6.87%
Total Operating Expenses 2,908,047 2,908,047 238,654 2,479,950 (428,097) 298,465 2,413,575 66,375 2.75%
Expenses (Non-Operating):
Other Expense 5,700 5,700 - 16,335 10,635 1,637 7,076 9,259 -
Total Non-Operating Expenses:5,700 5,700 - 16,335 10,635 1,637 7,076 9,259 -
Total Expenses 2,913,747 2,913,747 238,654 2,496,285 (417,462) 300,102 2,420,651 75,634 3.12%
Net Position Before Capital Contributions 381,452 381,452 28,206 1,102,912 721,460 (9,145) 557,880 545,032 97.70%
Capital Contributions (Non-Cash Transaction -- - - 112,649 112,649 147,798 754,610 (641,961) 754,610
GASB 34 Compliant)
Net Position Before Depreciation 381,452 381,452 28,206 1,215,561 834,109 138,653 1,312,490 (96,929) -7.39%
Depreciation & Amortization 1,525,685 1,525,685 125,382 1,493,155 (32,530)123,850 1,477,382 15,773 1.07%
Total Net Position (1,144,233) (1,144,233) (97,176) (277,594) 866,639 14,803 (164,892) (112,702) -68.35%
Yorba Linda Water District
Sewer Fund
For Period Ending June 30, 2022
(With June 30, 2021 for comparison purposes)
Page 21 of 97
$1,974,552 $2,042,109
$2,408,050 $2,439,524
$2,730,268
$2,937,483 $2,978,531
$3,599,197
20.84%
$1,219,937 $1,338,109
$1,455,716 $1,429,690 $1,360,860 $1,399,472
$2,420,651
$2,496,285
3.12%
$‐
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
June. 2015 June‐16 June‐17 June‐18 June‐19 June‐20 June‐21 June‐22
Sewer Revenues & Expenses ‐June
(excludes Depreciation, Special Items, and Contributed Capital)
Total Revenue Total Expenses
Page 22 of 97
ITEM NO. 11.5.
AGENDA REPORT
MEETING DATE: August 9, 2022
TO: Board of Directors
FROM: Doug Davert, Interim General Manager
STAFF CONTACTS: Delia Lugo, Finance Manager
SUBJECT: Cash and Investment Report for the Month Ending June 30, 2022
RECOMMENDATION:
That the Board of Directors receive and file the Cash and Investment Report for the Period Ending
June 30, 2022.
BACKGROUND:
The Cash and Investment Portfolio Report presents the market value and percent yield for all District
investments by institution. The Cash & Investment Summary Report includes budget and actual
interest and average term portfolio information as well as market value broken out by reserve
categories. The Fair Value Measurement Report categorizes investments by the fair value hierarchy
established by generally accepted accounting principles. The Unrestricted Reserves and Days in
Cash Graph presents Water Unrestricted Reserve Balances and Days in Cash at a particular point in
time for the last seven years.
The average portfolio yield for the month ending June 30, 2022 is 0.74%.
The District's Total Cash and Investment balance as of June 30, 2022 resulted in an overall increase
from the previous month by approximately $2.7 million. Large balance changes include: a combined
increase in the Water & Sewer Operating Funds of approximately $2.8 million due to positive net
revenue operating results; an increase in the Water Capital Project fund of approximately $324,000
due the replenishment of reserve from a draw from the Bank of America Line of Credit; and a
decrease in the restricted PARS account of approximately $377,000 due to a reimbursement to the
District for Pay-Go Retiree benefit costs.
ATTACHMENTS:
1. Cash and Investment Reports and Graphs for June 2022
Page 23 of 97
Market %Date of Percent
Value Par of Total Institution Maturity Yield
Checking Account:
980,212$ 980,212$ Wells Fargo Bank
980,212$ 980,212$ 2.17% Total 0.00%
Depository Account
1,024,344$ 1,024,344 US Bank Depository Account (Cielo Vista) 0.01%
1,024,344$ 1,024,344$ 2.26%
Money Market Accounts:
-$ -$ US Bank (Revenue Bonds) 0.00%
4,306,078$ 4,306,078 US Bank (Money Market) 0.01%
1,139,166$ 1,139,166 Public Agency Retirement Svcs. (PARS)
5,445,245$ 5,445,245$ 12.03% Total 0.01%
Pooled Investment Accounts:
37,809,496$ 37,809,496$ Local Agency Investment Fund 0.86%
37,809,496$ 37,809,496$ 83.54% 0.86%
45,259,297$ 45,259,297$ 100% Total Investments 0.74%
Per Government Code requirements, the Investment Report is in compliance with the Yorba
Linda Water District's Investment Policy, and there are adequate funds available to meet
budgeted and actual expenditures for the next six months.
6/30/22
Yorba Linda Water District
Cash & Investment Portfolio Report
June 30, 2022
________________________________
Delia Lugo, Finance Manager
Page 24 of 97
Below is a chart summarizing the yields as well as terms and maturities for the month of June 2022:
Average # of
Month Portfolio Days to
of 2022 Yield Maturity
June 0.74% 1
Below are charts comparing operating fund interest for current and prior fiscal years.
Actual Interest 6/30/2021 6/30/2022
Monthly - June 5,551$ 4,034$
Year-to-Date 218,231$ 109,334$
Budget 2020/2021 2021/2022
Interest Budget, June YTD 705,000$ 308,000$
Interest Budget, Annual 705,000$ 308,000$
Interest earned on investments is recorded in the fund that owns the investment.
The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds
is as follows:
The table below displays the District's Cash and Investment balance of $45.6 million which is allocated between the established
reserve funds, Wells Fargo Checking Account, and restricted funds held at U.S. Bank for the Bond payment and PARS for
the pension/OPEB payments. The number of Days in Cash are 348 for the Un-Restricted Water Reserve balance and 1,006 for the
Un-Restricted Sewer Reserve balances, as of June 30, 2022, which are subject to change with the final audited numbers.
FY22 Reserve Cash and
Requirements Investments
May 2022 % Alloc June 2022 % Alloc "Target Available for
Fund Description Balance 5/31/2022 Balance 6/30/2022 Levels" CY Obligations
Water Operating Reserve 17,244,751$ 43.99% 19,620,981$ 46.59% 16,790,090$ 2,830,891$
Water Emergency Reserve 7,336,090 18.71% 7,335,831 17.42% 6,915,040 420,791
Water Capital Project Reserve 2,586,538 6.60% 2,910,442 6.91% 11,861,304 (8,950,862)
MWD Contingency Reserve - 0.00% - 0.00% 0 0
Rate Stabilization Reserve 4,246,603 10.83% 4,251,271 10.09% 4,195,582 55,689
Un-Restricted Water Reserve Balance 31,413,982 34,118,525$ 39,762,016 (5,643,491)
Conservation Reserve 106,064$ 0.27% 106,064$ 0.25% 105,769 295
Employee Liability Reserve 309,902 0.79% 309,902 0.74% 309,040 862
Restricted Reserve Balance 415,966 415,966$ 414,809 1,157
Sewer Operating Reserve 4,800,297$ 12.24% 5,083,268$ 12.07% 2,945,513 2,137,755
Sewer Emergency Reserve 1,965,691 5.01% 1,971,423 4.68% 1,926,014 45,409
Sewer Capital Project Reserve 606,357 1.55% 526,393 1.25% 1,837,000 (1,310,607)
Un-Restricted Sewer Reserve Balance 7,372,346 7,581,083$ 6,708,527 872,556
Total Reserve Balances 39,202,294$ 100.00% 42,115,574$ 100.00% 46,885,352$ (4,769,778)$
Water Operating 598,706 877,777
Sewer Operating 212,478 102,434
811,184 980,212
Rev. Bond 2012A & 2017A-Principal & Interest - -
Depository Account - Cielo Vista Development 1,024,343 1,024,344
Public Agency Retirement Svc. -PARS (Restricted)1,554,218 1,139,166
Total Cash and Investments 42,592,039$ 45,259,297$
Cash & Investment Summary Report
Cash & Investment Summary Comparison Between Current and Previous Month
Wells Fargo Bank Checking
US Bank Held (Restricted)
Page 25 of 97
Checking Account:980,212$ 2.17%
Money Market Accounts:5,445,245$ 12.03%
Certificates of Deposit:-$ 0.00%
Pooled Investment Accounts:37,809,496$ 83.54%
Depository Account 1,024,344$ 2.26%
Total 45,259,297$ 100.00%
Checking Account:
2.17%
Money Market
Accounts:
12.03
Pooled Investment Accounts:
83.54%
Depository Account
2.26%
INVESTMENT BALANCES (AS OF 6-30-2022)
Checking Account:Money Market Accounts:Certificates of Deposit:Pooled Investment Accounts:Depository Account
Page 26 of 97
$27,997,128 $30,280,309 $30,253,433
$31,326,019
$32,587,184
$34,118,525
396 399
425
368
369
348
60
110
160
210
260
310
360
410
460
$20,000
$5,020,000
$10,020,000
$15,020,000
$20,020,000
$25,020,000
$30,020,000
$35,020,000
$40,020,000
Jun. 17 Jun. 18 Jun. 19 Jun. 20 Jun. 21 Jun. 22
Unrestricted Reserves & Days in Cash - June
Unrestricted Reserves (Water)Days in Cash (Water)
Page 27 of 97
Yorba Linda Water District
Fair Value Measurement Report
June 30, 2022
Quoted Observable Unobservable
Prices Inputs Inputs
Investments Level 1 Level 2 Level 3 Total
Local Agency Investment Fund - 37,809,496 - 37,809,496
Total Investments -$ 37,809,496$ -$ 37,809,496$
Page 28 of 97
Transaction
Date Transaction Description
Water Operating
Pension
Water Operating
OPEB
Sewer Operating
Pension
Sewer Operating
OPEB Account Total
Beginning Balance as of 7/1/20 870,961.56 662,095.61 90,207.30 78,236.46 1,701,500.93
7/31/2021 Management Fees (429.46) (326.47) (44.48) (38.57) 1,700,661.95
7/31/2021 Investment Gain/(Loss) 4,178.40 3,176.38 432.77 375.33 1,708,824.83
8/31/2021 Management Fees (433.71)(329.71)(44.92)(38.96) 1,707,977.53
8/31/2021 Investment Gain/(Loss) 10,390.85 7,899.01 1,076.20 933.39 1,728,276.98
9/30/2021 Management Fees (433.75) (329.73) (44.92) (38.96)1,727,429.62
9/30/2021 Investment Gain/(Loss) (24,087.23) (18,310.85) (2,494.76) (2,163.70)1,680,373.08
10/31/2021 Management Fees (434.79) (330.53) (45.03) (39.06) 1,679,523.67
10/31/2021 Investment Gain/(Loss) 22,700.96 17,257.02 2,351.19 2,039.17 1,723,872.01
11/30/2021 Management Fees (432.17) (328.52) (44.76) (38.82) 1,723,027.74
11/30/2021 Investment Gain/(Loss) (12,525.82) (9,521.99) (1,297.33) (1,125.15)1,698,557.45
12/31/2021 Management Fees (435.58) (331.11) (45.11) (39.13)1,697,706.52
12/31/2021 Investment Gain/(Loss) 16,930.70 12,870.54 1,753.55 1,520.85 1,730,782.16
1/31/2022 Management Fees (435.94) (331.40) (45.15) (39.16)1,729,930.51
1/31/2022 Investment Gain/(Loss) (28,955.65) (22,011.78) (2,999.00) (2,601.02)1,673,363.06
2/28/2022 Management Fees (433.84)(329.80)(44.93)(38.97)1,672,515.52
2/28/2022 Investment Gain/(Loss) (13,188.51)(10,025.77)(1,365.96)(1,184.69)1,646,750.59
3/31/2022 Management Fees (422.92) (321.52) (43.80) (37.99)1,645,924.36
3/31/2022 Investment Gain/(Loss) (1,853.34)(1,408.89)(191.95)(166.48)1,642,303.70
4/30/2022 Management Fees (412.61)(313.65)(42.73)(37.06)1,641,497.65
4/30/2022 Investment Gain/(Loss) (46,496.01)(35,345.76)(4,815.69)(4,176.63)1,550,663.56
5/31/2022 Management Fees (398.70)(303.09)(41.29)(35.81)1,549,884.67
5/31/2022 Investment Gain/(Loss) 2,218.36 1,686.38 229.76 199.27 1,554,218.44
6/30/2022 Reimburse FY21 & 22 Retiree Pay-go (287,246.35)(50,690.53)1,216,281.56
6/30/2022 Management Fees (386.25)(293.65)(40.01)(34.70)1,215,526.95
6/30/2022 Investment Gain/(Loss) (40,879.29)(27,945.39)(4,233.96)(3,302.16)1,139,166.15
Account Balance by Account Type 754,305.26 289,298.98 78,124.99 17,436.92 1,139,166.15$
66.22% 25.40% 6.86% 1.53% 100%
Pension OPEB Total
Initial Contribution as of 12/28/2017 247,599.00$ - 247,599.00
Additional Contribution 6/26/19 1,105,248.00$ 587,339.00 1,692,587.00
Total Contributions 1,940,186.00
Total Distribution to CalPERS (631,392.00)$ - (631,392.00)
Total Distribution to YLWD (337,936.88)$ (337,936.88)
Total Gain (or Loss) from Inception 130,497.32$ 68,771.93 199,269.25
Total Management Fees from Inception (19,522.07)$ (11,438.15) (30,960.22)
Balance as of 6/30/22 832,430.25$ 306,735.90$ 1,139,166.15$
PARS (Public Agency Retirement Services) Funding Reconciliation
Page 29 of 97
ITEM NO. 11.6.
AGENDA REPORT
MEETING DATE: August 9, 2022
TO: Board of Directors
FROM: Doug Davert, Interim General Manager
STAFF CONTACTS: Rosanne P. Weston, Engineering Manager
Danielle Logsdon, Principal Engineer
Ammar Tohmeh, Senior Engineer
SUBJECT: Notice of Completion for FY22 Sewer CIPP Rehabilitation Project
RECOMMENDATION:
That the Board of Directors authorize staff to file the Notice of Completion for the FY22 Sewer CIPP
Rehabiliation Project, Job No. J-2021-28S.
SUMMARY:
Construction is complete on the FY22 Sewer CIPP Rehabilitation Project. Submitted for consideration
is a request to authorize the filing of the Notice of Completion for the project.
FISCAL IMPACT:
Total Budget: $440,000
Contractor's Bid Amount: $328,748.86
Final Contractor Cost: $284,493.35
Funding Source: Capital
Job No: J-2021-28S
BACKGROUND:
Construction is complete on the FY22 Sewer CIPP Rehabilitation Project. The project included the
rehabilitation of 2,857 linear feet of sanitary sewer mains ranging from 8-inches to 12-inches in
diameter using cured-in-place-pipe (CIPP) technology. In addition, fifteen (15) sewer manholes were
rehabilitated, a manhole was abandoned, and a new manhole was constructed.
All work has been completed in accordance with the contract documents and to the satisfaction of
District staff. The project was completed under budget and on schedule. Staff requests authorization
to file and proceed with the recordation of the Notice of Completion.
PRIOR RELEVANT BOARD ACTION:
On June 22, 2021, the Board of Directors approved the Sewer System Rehabilitation and
Replacement Project as part of the FY21-22 Annual Budget Document. This project was awarded by
Page 30 of 97
the Board of Directors on January 11, 2022.
STRATEGIC PLAN INITIATIVES:
G1 4A - Address infrastructure needs by updating/implementing the Asset Management Plan.
Page 31 of 97
ITEM NO. 11.7.
AGENDA REPORT
MEETING DATE: August 9, 2022
TO: Board of Directors
FROM: Doug Davert, Interim General Manager
STAFF CONTACTS: Rosanne P. Weston, Engineering Manager
Reza Afshar, Senior Engineer
Adrian Ayala, Assistant Engineer I
SUBJECT: Declaration of Restrictive Covenants with Juan Ma of 5992 Jasper Drive,
Yorba Linda
RECOMMENDATION:
That the Board of Directors authorize the Board President and Interim General Manager to execute a
Declaration of Restrictive Covenants with Juan Ma of 5992 Jasper Drive, Yorba Linda.
SUMMARY:
The District has a recorded dedicated easement located within Lot 12 of Tract No. 18061.The
property owner, Juan Ma, is requesting permission to construct new improvements inside of the
easement and to retain existing encroachments as shown in the attached exhibit. Engineering staff
reviewed the encroachments and recommend execution, subject to review as to form by General
Counsel.
FISCAL IMPACT:
None.
BACKGROUND:
Property owner Juan Ma has existing improvements on her property that encroach on a 25- foot wide
easement dedicated to the District at 5992 Jasper Drive (Lot 12 of Tract No. 18061), and is
requesting permission to construct new improvements that encroach on the easement. The proposed
encroachments include (1) a 2-inch gas line with tracer wire, a 1 1/4-inch electrical conduit, a 6-inch
deck and fire pit which all abut the easement area, (2) modifications to an existing 6-foot high block
wall which include a proposed double gate and a proposed 5-foot high man gate, and (3) an existing
concrete driveway. The existing and proposed improvements run parallel and across the easement
as shown in the enclosed exhibit.The District has an existing 8-inch waterline, an 8-inch sewer line
and a manhole within the easement.
Staff reviewed the applicant's request and determined that the encroachments would have minimal
impact on the day-to-day operation and maintenance of the District's facilities. However, if the District
needs to excavate within the easement to facilitate repairs or replacement of either the public water
Page 32 of 97
or sewer system, the subject property owner improvements may need to be removed and may be
damaged in the process. The owner understands that with the execution of the Declaration of
Restrictive Covenants, the District would not be liable for the replacement of these improvements.
Staff recommends the execution of the Declaration of Restrictive Covenants, subject to approval as
to form by General Counsel.
PRIOR RELEVANT BOARD ACTION:
The Board of Directors has authorized the execution of similar Declarations of Restrictive Covenants
with various developers and property owners.
ATTACHMENTS:
1. Declaration of Restrictive Covenants
2. Exhibit
Page 33 of 97
Page 1 of 5
YLWD – Dec of Restrictive Covenants (8/21)
RECORDING REQUESTED BY and when
recorded return to:
Yorba Linda Water District
P.O. Box 309
Yorba Linda, California 92885-0309
This is to certify that this Declaration of
Restrictive Covenants is presented for recording
under the provisions of Gov. Code Sec. 27383 by
the Yorba Linda Water District in performance
of an official service thereof.
____________________________________
Douglass S. Davert
Interim General Manager
Space Above This Line for Recorder’s Use
DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON YLWD EASEMENT)
THIS DECLARATION OF RESTRICTIVE COVENANTS (“Declaration”) is made and
effective on August 9, 2022 by and between YORBA LINDA WATER DISTRICT (“YLWD”),
a public agency, created and operating under the authority of Division 12 of the California Water
Code, and Juan Ma (“Owner”). YLWD and Owner are sometimes referred to herein individually
as “Party” and collectively as “Parties”.
RECITALS
A. The Owner is the legal owner of that certain real property located at 5992 Jasper
Drive (“Subject Property”), which is more particularly described as follows:
LOT 12 OF TRACT NO. 18061, IN THE CITY OF YORBA LINDA, COUNTY
OF ORANGE, SATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
977, PAGES 44 THROUGH 48, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SEPTEMBER 27, 2018.
B. YLWD owns an Easement, as identified on a Tract Map No. 18061, recorded on
September 27, 2018, in Book 977, Pages 44 through 48, Official Records of Orange County,
California (“Easement”), across a portion of the Subject Property. Within the Easement, YLWD
owns and maintains an 8-inch sewer main pipeline, sewer manhole, and an 8-inch distribution
water pipeline and appurtenant structures (“YLWD Facilities”).
C. The Owner desires to (1) construct a new 2-inch gas line with tracer wire, a 1-1/4-
inch electrical conduit, a 6-inch raised deck and fire pit which all abut the Easement area, (2)
modify an existing 6-foot block wall by adding a new double gate and 5-foot man gate, and (3)
Page 34 of 97
Page 2 of 5
YLWD – Dec of Restrictive Covenants (8/21)
retain an existing concrete driveway (collectively herein referred to as “Improvements”) within
and along the Easement area. This Declaration prohibits Owner, without YLWD’s authorization
and a recorded amendment to this Declaration, from constructing and/or retaining any
improvements (“Unauthorized Improvements”) other than the Improvements.
D. The construction, existence, and/or use of the Improvements within and along the
Easement area is hereinafter referred to as the “Encroachment”, which is illustrated in Exhibit
“A” attached hereto.
E. YLWD conditionally consents to the Encroachment as stipulated in this
Declaration. The Owner is aware and hereby acknowledges that the Encroachment may lead to
problems affecting and/or interfering with YLWD’s use of the Easement and access to YLWD
Facilities.
F. Although the construction and subsequent existence of the Improvements within
and along the Easement area may interfere or restrict YLWD’s Easement rights, which may
cause the Improvements to be damaged or demolished as authorized under this Declaration, the
Owner wishes to proceed with the Encroachment.
DECLARATION
NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and
conditions herein, the Parties declare as follows:
1. Covenant Running with Land. This Declaration constitutes a covenant running
with the land as provided by the California Civil Code Section 1468 and shall benefit, burden, and
bind the successive owners of the Subject Property and the Easement.
2. Successors and Assigns Obligation. Since the Owner wishes to retain the
Encroachment, this Declaration obligates the current and future owners of the Subject Property to
remedy any current and future adverse events and to fund any necessary maintenance and repair
costs on the Easement and/or Subject Property that may arise in full or in part due to the existence,
construction, or damages to the Easement and/or YLWD Facilities caused by the Encroachment.
3. Damages to YLWD Facilities. The Owner assumes full responsibility and liability
and shall pay for any cost(s) or damage(s) to the YLWD Facilities, arising from the Encroachment.
YLWD shall not be responsible for any cost(s) or damage(s) to the YLWD Facilities that arise
from the Encroachment.
4. Damages to Third Parties. The Owner, its successors or assigns, agrees to defend,
indemnify and hold YLWD, its officers, directors, employees, agents, and consultants, harmless
against any third-party claims arising out of the Encroachment.
5. Damages to Improvements. The Owner acknowledges that the Improvements
may be damaged or demolished to permit access to, or work within and under, the Easement area
Page 35 of 97
Page 3 of 5
YLWD – Dec of Restrictive Covenants (8/21)
and YLWD Facilities. YLWD, its officers, directors, employees, agents, and consultants, shall not
be responsible or liable for any damage(s) to, or demolition of, the Improvements which result
from YLWD’s exercise of rights under the Easement. The Owner, its successors or assigns, waives
all known, unknown, and future claims, liabilities, causes of action, and expenses (including, but
not limited to, attorneys’ fees) against YLWD, its officers, directors, employees, agents, and
consultants, for losses and damages to the Improvements and from any obligation to protect,
preserve, repair, or replace the Improvements.
6. Unauthorized Improvements. Owner shall not construct and/or retain any
improvements other than the Improvements. If Owner constructs and/or retains any improvement
other than the Improvements, YLWD may (a) require the improvement to be removed promptly
at the Owner’s expense, (b) revoke the Encroachment, and/or (c) exercise any other legal remedy
available to YLWD. Such Unauthorized Improvements shall be treated as Improvements and
subject to this Declaration until YLWD makes it election under (a), (b), and/or (c) of this provision.
GENERAL PROVISIONS
7. Recitals. The above recitals are true and correct.
8. Entire Agreement. This Declaration represents the entire and integrated
agreement between the Parties and supersedes all prior negotiations, representations, or
agreements, either written or oral.
9. Amendment to this Declaration. This Declaration may be amended only by
written instrument signed by the Parties.
10. No Implied Waivers. If any term, condition, or provision of this Declaration is
breached by either Party and thereafter waived by the other Party, that waiver will be limited to
the specific breach so waived, and will not be deemed either to be a continual waiver or to waive
any other breach under this Declaration.
11. Governing Law and Interpretation. This Declaration is to be governed under the
laws of the State of California and interpreted according to its plain meaning as if drafted by both
YLWD and Owner.
12. Relationship of Parties. Nothing in this Declaration shall be deemed to create any
form of business organization between the Parties, including, without limitation, a joint venture or
partnership.
13. Resolution of Disputes. Pursuant to California Code of Civil Procedure Sections
638 et seq., any dispute arising out of this Declaration shall be resolved by judicial reference, in
Orange County, by one judicial referee to determine all issues in dispute, whether of fact or of law,
and to report a statement of decision. This is a waiver of any right that may exist to a jury trial, but
the right to appeal is preserved.
Page 36 of 97
Page 4 of 5
YLWD – Dec of Restrictive Covenants (8/21)
The Parties shall meet to select the referee no later than thirty (30) days after service of the
initial complaint on all defendants named in the complaint. The referee must have substantial
experience in the type of matter in dispute and without any relationship to either Party, unless the
Parties agree otherwise.
All costs incurred in connection with the judicial reference proceeding, including the cost
of the stenographic record, shall be advanced equally by the Parties. However, the refer ee shall
have the power to reallocate such costs among the Parties in the referee’s statement of decision.
14. Attorney’s Fees. In the event of any claim or legal action arising out of this
Declaration, the prevailing party shall be entitled to reasonable costs and expenses, including
attorney’s fees.
15. Severability. If any provision, right, or covenant of this Declaration is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the voided provision, right,
or covenant shall be deemed severed from the remaining provisions of this Declaration, which
shall remain valid and enforceable as permitted by law, and the Parties shall negotiate in good faith
to replace the unenforceable provision(s) in accordance with the original purpose and intent of this
Declaration so stated in the above Recitals.
16. Counterparts. This Declaration may be signed in multiple counterpart copies
(signatures may be by facsimile or electronic mail), each of which shall be deemed an original.
17. Capacity of Signatory. The undersigned executing this Declaration on behalf of
YLWD and Owner hereby personally warrant by signing this Declaration that they are authorized
to bind such Party in executing this Declaration and are acting within the course and scope of that
authority.
18. Recording of Declaration. This Declaration shall be recorded in the Office of the
Recorder of the County of Orange, California, and shall constitute notice to all successors and
assigns of the title to the Subject Property of the rights and obligations in this Declaration.
Page 37 of 97
Page 5 of 5
YLWD – Dec of Restrictive Covenants (8/21)
Approved as to Form: YORBA LINDA WATER DISTRICT
Kidman Gagen Law, LLP
_______________________________
Andrew B. Gagen J. Wayne Miller
General Counsel President
Douglass S. Davert
Rosanne P. Weston Interim General Manager
Engineering Manager
OWNER:
Juan Ma
Page 38 of 97
Page 39 of 97
ITEM NO. 11.8.
AGENDA REPORT
MEETING DATE: August 9, 2022
TO: Board of Directors
FROM: Doug Davert, Interim General Manager
STAFF CONTACTS: Rosanne P. Weston, Engineering Manager
Reza Afshar, Senior Engineer
Ariel Bacani, Assistant Engineer III
SUBJECT: Quitclaim Deeds of 4858 and 4876 Main Street
RECOMMENDATION:
That the Board of Directors authorize the Interim General Manager to execute the Quitclaim Deeds to
Longball Investments, LLC, abandoning two sets of recorded easements of the Official Records of
Orange County, California.
SUMMARY:
Longball Investments, LLC, requested the District to abandon its existing sewer easements within its
properties at 4858 and 4876 Main Street, and APN 323-324-15 (Arroyo Way), Yorba Linda. The two
sets of easements were both recorded on August 11, 1965, in the Official Records of Orange County,
California.
FISCAL IMPACT:
None.
BACKGROUND:
Longball Investments, LLC intends to improve its properties that will impact the District's Sewer Line
on said properties. To facilitate its improvements, Longball Investments requested the District to
transfer ownership of the Sewer Line on its properties to Longball Investments. This transference will
cause the District's Sewer Line on the neighboring property, 4842 Main Street, owned by
Transformation Ministries, to be isolated from the public sewer system. To accommodate Longball
Investments' request for ownership and control of the Sewer Line on its properties, Transformation
Ministries will take ownership and control of the District's Sewer Line on its properties and
concurrently transfer ownership and control to Longball Investments through the Sewer Transfer
Agreement with the District. Longball Investments will own and maintain the entire Sewer Line on
both properties.
Both Longball Investments and Transformation Ministries request the District to quitclaim its sewer
easements on their respective properties because the District no longer needs to access the Sewer
Line once it is transferred to Longball Investments in its entirety. The attached Quitclaim Deeds
Page 40 of 97
pertain to Longball Investments, LLC.
PRIOR RELEVANT BOARD ACTION:
The Board of Directors has authorized the execution of similar Quitclaim Deeds with various
developers and property owners.
ATTACHMENTS:
1. Quitclaim Deed - 4858 & 4876 Main St
2. Quitclaim Deed - APN 323-324-15
Page 41 of 97
FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383
MAIL TAX STATEMENTS AS DIRECTED ABOVE
RECORDING REQUESTED BY:
Yorba Linda Water District,
a public agency
MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:
Longball Investments, LLC
650 N. Rose Drive #185
Placentia, CA 92870
Attn: Matthew Luke
Order No.:
Escrow No.:
APN: 323-324-16 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________
_____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale.
_____ Unincorporated area _____ City of _______________________________
For valuable consideration, receipt of which is hereby acknowledged, Yorba Linda Water District, a public
corporation of the state of California hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to Longball
Investments, LLC, the real property situated in the County of Orange, State of California, more particularly
described and depicted in the easement deed to Yorba Linda County Water District, recorded A ugust
11, 1965, in Book 7626, Pages 817 to 82 0, of Official Records, attached hereto as Exhibit 1.
YORBA LINDA WATER DISTRICT
Dated: ___________________________ ___________________________________________
Douglass S. Davert
Interim General Manager
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) SS.
COUNTY OF _____________________________ )
On ________________________ before me, ______________________________________, Notary Public, personally
appeared _______________________________________________________________________________________,
who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument .
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tr ue and
correct.
WITNESS my hand and official seal.
Signature_________________________________________
Page 42 of 97
Exhibit 1
Pages 817 to 82 0 of Book 7626 of Official Records
Page 43 of 97
Page 44 of 97
Page 45 of 97
Page 46 of 97
Page 47 of 97
FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383
MAIL TAX STATEMENTS AS DIRECTED ABOVE
RECORDING REQUESTED BY:
Yorba Linda Water District,
a public agency
MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:
Longball Investments, LLC
650 N. Rose Drive #185
Placentia, CA 92870
Attn: Matthew Luke
Order No.:
Escrow No.:
APN: 323-324-15 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________
_____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale.
_____ Unincorporated area _____ City of _______________________________
For valuable consideration, receipt of which is hereby acknowledged, Yorba Linda Water District, a public
corporation of the state of California hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to Longball
Investments, LLC, the real property situated in the County of Orange, State of California, more particularly
described and depicted in the easement deed to Yorba Linda County Water District, recorded August
11, 1965, in Book 7626, Pages 821 to 826, of Official Records , attached hereto as Exhibit 1.
YORBA LINDA WATER DISTRICT
Dated: ___________________________ ___________________________________________
Douglass S. Davert
Interim General Manager
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) SS.
COUNTY OF _____________________________ )
On ________________________ before me, ______________________________________, Notary Public, personally
appeared _______________________________________________________________________________________,
who proved to me on the basis of satisfactory evidence) to be the person(s) w hose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf o f which the person(s) acted,
executed the instrument .
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature_________________________________________
Page 48 of 97
Exhibit 1
Pages 821 to 826 of Book 7626 of Official Records
Page 49 of 97
Page 50 of 97
Page 51 of 97
Page 52 of 97
Page 53 of 97
Page 54 of 97
ITEM NO. 11.9.
AGENDA REPORT
MEETING DATE: August 9, 2022
TO: Board of Directors
FROM: Doug Davert, Interim General Manager
STAFF CONTACTS: Rosanne P. Weston, Engineering Manager
Reza Afshar, Senior Engineer
Ariel Bacani, Assistant Engineer III
SUBJECT: Quitclaim Deed of 4842 Main Street
RECOMMENDATION:
That the Board of Directors authorize the Interim General Manager to execute the Quitclaim Deed to
Transformation Ministries, abandoning the recorded easement of the Official Records of Orange
County, California.
SUMMARY:
Transformation Ministries requested the District to abandon its existing sewer easement within their
property at 4842 Main Street, Yorba Linda. The easement was originally recorded on August 11,
1965, of the Official Records of Orange County, California.
FISCAL IMPACT:
None.
BACKGROUND:
Longball Investments, LLC intends to improve its property at 4858 and 4876 Main Street that will
impact the District's Sewer Line on said property. To facilitate its improvements, Longball
Investments requested the District to transfer ownership of the Sewer Line on its property to Longball
Investments. This transference will cause the District's Sewer Line on Transformation Ministries'
property at 4842 Main Street, to be isolated from the public sewer system. To accommodate Longball
Investments' request for ownership and control of the Sewer Line on its property, Transformation
Ministries will take ownership and control of the District's Sewer Line on its property and concurrently
transfer ownership and control to Longball Investments through the Sewer Transfer Agreement with
the District. Longball Investments will own and maintain the entire Sewer Line on both properties.
Both Longball Investments and Transformation Ministries request the District to quitclaim its sewer
easements on their respective properties because the District no longer needs to access the Sewer
Line once it is transferred to Longball Investments in its entirety. The attached Quitclaim Deed
pertains to Transformation Ministries.
Page 55 of 97
PRIOR RELEVANT BOARD ACTION:
The Board of Directors has authorized the execution of similar Quitclaim Deeds with various
developers and property owners.
ATTACHMENTS:
1. Quitclaim Deed - 4842 Main St
Page 56 of 97
FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383
MAIL TAX STATEMENTS AS DIRECTED ABOVE
RECORDING REQUESTED BY:
Yorba Linda Water District,
a public agency
MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:
Transformation Ministries
970 S. Village Oaks Dr., Ste. 101
Covina, CA 91724
Attn: Thomas W. Niermann
Order No.:
Escrow No.:
APN: 323-324-01 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________
_____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale.
_____ Unincorporated area _____ City of _______________________________
For valuable consideration, receipt of which is hereby acknowledged, Yorba Linda Water District, a public
corporation of the state of California hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to
Transformation Ministries, the real property situated in the County of Orange, State of California, more
particularly described and depicted in the easement deed to Yorba Linda County Water District,
recorded N ovember 1, 1965, in B ook 7724, Pages 298 to 303, of Official R ecords, attached hereto as
Exhibit 1.
YORBA LINDA WATER DISTRICT
Dated: ___________________________ ___________________________________________
Douglass S. Davert
Interim General Manager
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) SS.
COUNTY OF _____________________________ )
On ________________________ before me, ______________________________________, Notary Public, personally
appeared _______________________________________________________________________________________,
who proved to me on the basis of satisfactory evidence) to be the person(s ) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behal f of which the person(s) acted,
executed the instrument .
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature_________________________________________
Page 57 of 97
Exhibit 1
Pages 298 to 303 of Book 7724 of Official Records
Page 58 of 97
Page 59 of 97
Page 60 of 97
Page 61 of 97
Page 62 of 97
Page 63 of 97
ITEM NO. 12.1.
AGENDA REPORT
MEETING DATE: August 9, 2022
TO: Board of Directors
FROM: Doug Davert, Interim General Manager
STAFF CONTACTS: Doug Davert, Interim General Manager
SUBJECT: Response to Orange County Grand Jury Report - Water in Orange County
Needs "One Voice"
RECOMMENDATION:
That the Board of Directors approve the response to the Orange County Grand Jury's report.
ATTACHMENTS:
1. Orange County Grand Jury Report - Water in Orange County Needs "One Voice"
2. YLWD Draft Response
Page 64 of 97
Water in Orange County Needs “One Voice”
GRAND JURY 2021-2022
Page 65 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 2
Table of Contents
SUMMARY ................................................................................................................................... 3
BACKGROUND ........................................................................................................................... 4
REASON FOR THE STUDY ...................................................................................................... 4
METHOD OF STUDY ................................................................................................................. 4
INVESTIGATION AND ANALYSIS ......................................................................................... 5
Status Quo ............................................................................................................................... 5
Differences in Supply Sources ............................................................................................. 10
History, Governance and Authorizing Legislation.............................................................. 11
Services Provided by Wholesalers & Retailers .................................................................... 12
Where Do We Go from Here? .............................................................................................. 13
FINDINGS ................................................................................................................................... 16
RECOMMENDATIONS ............................................................................................................ 16
COMMENDATIONS ................................................................................................................. 17
RESPONSES ............................................................................................................................... 17
Responses Required .............................................................................................................. 18
Responses Requested ............................................................................................................ 19
GLOSSARY................................................................................................................................. 22
Page 66 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 3
SUMMARY
The future of a reliable water supply for California, as well as Orange County (OC), is at risk.
The intense dry spell in the West, the worst in 1,200 years, is being labeled a “Mega Drought.”0F
1
Multiple years of drought and inconsistent availability of imported surface water from Northern
California and the Colorado River should inspire OC leaders responsible for a reliable water
supply to consider new ways to offset the likely depletion of aquifers and reservoirs.
Ronald Reagan once said: “No government ever voluntarily reduced itself in size.” However, it
is important that Orange County water providers consolidate their resources and establish a
unified voice to lead the County more efficiently in its water policies and planning. Multiple
water experts agree it is time to coordinate strategies in water conservation, development of new
supply and infrastructure, and preparation for the possibility of continued drought, disaster, and
State-mandated water cutbacks.
Providing water to Orange County residents is a complicated process and requires the work of
water wholesalers and retailers. Retail water agencies (districts and cities) are the direct link to
residential and commercial customers. It is they who set the retail price for the water that is
delivered. Providers of drinkable water to these retail entities are the wholesalers (suppliers) of
imported and local groundwater from the aquifer.
The current structure of wholesale water supply and operations in Orange County, although
fragmented between Orange County Water District (OCWD), Metropolitan Water District of
Southern California (MET), and Municipal Water District of Orange County (MWDOC), has
been successful in providing reliable, high-quality drinking water. While differences in geology
and geography dictate different water supplies, no single governmental body is solely
responsible for wholesale water policy and operations in Orange County, even though providing
future reliable water supply is becoming more challenging.
While the processes of supplying wholesale groundwater and imported water are arguably
dramatically different, complex, and should remain separated in OC, the Orange County Grand
Jury (OCGJ) has determined that all sources of water are interconnected and would be best
administered by one governmental entity. All the water flowing to OC taps looks the same,
whether imported or groundwater, so why do we need two wholesale agencies?
This single leadership structure, whether through consolidation of existing dual entities (OCWD
and MWDOC) or creation of a new water authority, is achievable through a combination of
governance and local and State legislative changes that authorizes the single organization to lead
all aspects of Orange County wholesale water. Although any consolidation or formation of a new
water agency would pose political, administrative, and operational challenges, the OCGJ
concluded that, at long last, it is time for Orange County to operate with “one water voice.”
1 February 14, 2022, Peer reviewed study published in the journal Nature Climate Change
https://doi.org/10.1038/s41558-022-01290-z
Page 67 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 4
BACKGROUND
Multiple prior Grand Jury Reports have addressed water issues, including water challenges and
opportunities jointly being faced by all of Orange County. One report pointed out disparities
between the North/Central and South County’s water sources, the fragmented governance, and
the significant differences in topography.1F
2 Another report informed the public about
sustainability of the local water supply and future needs, along with evaluating the efforts of the
two major wholesale water agencies in the County.2F
3
Orange County relies heavily on imported water for its ongoing supply, as well as some of its
groundwater storage replenishment needs. Metropolitan Water District of Southern California
(MET) supplies imported water to Southern California. Municipal Water District of Orange
County (MWDOC) buys imported water from MET and sells it to Orange County’s retail water
agencies (cities and special districts). Orange County Water District (OCWD) supplies ground
water to the retail water agencies and cities geographically served by the aquifer and wells.
REASON FOR THE STUDY
The consolidation of OCWD and MWDOC has been explored in the past, debated by wholesale
and retail water agencies, but ultimately never accomplished. The formation of a new Joint
Powers Authority is one option. But no matter how a consolidation would be accomplished, the
OCGJ concluded that now is the time to have a single wholesale water supply agency in Orange
County. Based on statements made during numerous OCGJ interviews, multiple water
professionals support moving from two to one wholesale entity for Orange County.
The OCGJ is concerned that opportunities to operate, innovate, lobby, capitalize and coordinate
communication are not being optimized with Orange County’s current wholesale water structure,
which is split between two key, but very different, agencies. This report will, among other things,
address the merits related to the formation of “One Voice” in the Orange County wholesale
water structure. It will highlight ways in which Orange County can better address water supply,
operations, and infrastructure. The report will not recommend specifically how a single structure
comes to fruition legislatively.
METHOD OF STUDY
The Grand Jury evaluated the efforts of the existing primary water entities in Orange County—
MWDOC and OCWD—to determine what is working well, and the challenges and opportunities
currently existing. In its investigation, the OCGJ used the following sources.
2 2009-2009 Grand Jury report titled Paper Water
3 2012-2013 Grand Jury report titled Orange County Water Sustainability: Who Cares?
Page 68 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 5
• In-person and virtual interviews. Specifically, interviews of current and former Water
District Managers, City and Regional Water Managers and other involved State entities
and individuals.
• Water District website meeting minutes and document review.
• Independent research (articles, websites, reports, minutes, documents, etc.).
• Research of applicable State and local water-related statutes and ordinances.
• Site tours of water and sanitation districts’ operations.
• Past Grand Jury reports.
• 2021 Orange County Water Summit.
The interviews included personnel from water agencies that represented a cross section of
regional and local wholesalers and retailers to obtain a diversity of perspectives based on
geography, demographics, and practices. The investigation took into consideration the variety of
characteristics that exist in the County, including:
• North compared to South County sources of water supply (reliance on imported water).
• Variety of projects to provide water supplies during normal and emergency times.
• Diversity of projects and plans to increase reliable sources of water supply including.
categories related to conservation, recycling for irrigation and potable use, storage,
desalination options, etc.
• Multi-agency collaboration.
INVESTIGATION AND ANALYSIS
Overall, California water sources come from imported supplies (State Water Project in Northern
California and the Colorado River), groundwater, stormwater, water transfers, desalination, and
water recycling. Orange County, like the rest of California, relies on a variety of sources, with
the exception of desalination which is currently in the planning stage.
Status Quo
To best understand the background of wholesale water in California, and specifically Orange
County, one must examine the three major governmental agencies involved: Metropolitan Water
District of Southern California (MET), Municipal Water District of Orange County (MWDOC),
and Orange County Water District (OCWD). These agencies have similar names but very
different responsibilities. The role of retail water districts will also be explained.
Metropolitan Water District of Southern California
MET provides water from the Colorado River and the State Water Project from Northern
California to Southern California. It wholesales this imported water to its Orange County
member agencies, MWDOC and the independent cities of Anaheim, Fullerton, and Santa Ana.
Page 69 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 6
MET provides most of the water imported into Orange County. MET currently delivers an
average of 1.7 billion gallons of water per day to a 5,200 square mile service area. MET is a
group of 26 cities and water districts providing drinking water to over 19 million people in Los
Angeles, Orange, San Diego, Riverside, San Bernardino, and Ventura counties.
Municipal Water District of Orange County
MWDOC acts as a pass-through agency for MET’s imported water. This imported water is sold
to MWDOC’s 27 member agencies which, except for Fullerton, Anaheim and Santa Ana, covers
the entire County. MWDOC also sell untreated water to OCWD for ground water discharge.
MWDOC does not own or operate any water infrastructure.
Page 70 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 7
Orange County Water District
OCWD manages the groundwater basin in the north and central part of the County. OCWD does
not directly provide water to any residents or businesses, except treated wastewater for irrigation
in the Green Acres Project. The Green Acres Project is a water reuse effort that provides
recycled water for landscape irrigation at parks, schools and golf courses and some industrial
Page 71 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 8
uses.3F
4 OCWD’s primary role is to manage the basin and provide local water retailers with a
reliable, adequate, and high-quality supply of water.4F
5 In addition, OCWD operates the
Groundwater Replenishment System (GWRS) in partnership with the Orange County Sanitation
District (OCSAN). This state-of-the-art water purification project can produce over 100 million
gallons of high-quality potable water per day for aquifer recharge. OCWD provides groundwater
to 19 municipal and special water districts and supplies approximately 77 percent of the water
supply for North and Central Orange County. OCWD is the only wholesale groundwater agency
for Orange County and is a customer of MWDOC for imported needs to supplement the aquifer
recharge serving North/Central County. OCWD currently has $1.5 billion in capital
infrastructure assets.
4 www.ocwd.com/about/
5 Ibid.
Page 72 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 9
Additional Supply for OCWD
The Santa Ana River is the largest coastal stream in Southern California. Flowing west from the
San Bernardino Mountains, the river winds through San Bernardino and Riverside Counties
before reaching Orange County at Prado Dam, then traveling through the OCWD aquifer to
supplement recharge, before terminating at the Pacific Ocean. The river is joined by Santiago
Creek and flows to the ocean between Huntington Beach and Newport Beach.5F
6
Retail Water Districts
Retail water organizations are the direct connection of supplying water to residential and
commercial consumers. There are 29 retail water providers throughout Orange County. These
water providers include cities, special water districts/agencies and one private water company.
6 www.ocwd.com/what-we-do/
Page 73 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 10
Differences in Supply Sources
South Orange County’s approximate 600,000 residents rely primarily on imported water (70-100
percent of needed supply depending on location) from hundreds of miles away. The imported
water is purchased through the Municipal Water District of Orange County (MWDOC).6F
7
North and Central County’s roughly 2.8 million residents rely primarily (19-99 percent
depending on location) on groundwater supplied OCWD, which refills the Orange County
Groundwater Basin with many different water supplies: water from the Santa Ana River; local
rainfall; treated and purified wastewater through the Groundwater Replenishment System
(GWRS); and imported water from the Colorado River and Northern California.7F
8
7 www.ocwd.com/about & www.mwdoc.com/wp-content/uploads/2017/05/Water-Supply.pdf
8 www.mwdoc.com/wp-content/uploads/2017/05/Water-Supply.pdf
Page 74 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 11
History, Governance and Authorizing Legislation
MET
In 1928, the Metropolitan Water District Act was established by the California Legislature. The
original purpose was to construct and operate the 242-mile Colorado River Aqueduct, which runs
from an intake at Lake Havasu on the California-Arizona border to an endpoint at Lake Mathews
reservoir in Riverside County. MET has a 38-member board of directors representing the
district’s 26 agencies. Orange County is represented on the MET Board by seven Board
members. MET has imported water from the Colorado River since 1941 and from Northern
California since the early 1970s.8F
9
MWDOC
MWDOC is a wholesale water supplier and resource planning agency that was established in
1951. Governed by a seven-member Board of Directors,9F
10 MWDOC is MET’s third largest
member agency and appoints four representatives to advocate the interests of Orange County on
the Metropolitan Water District Board.10F
11
OCWD
The Orange County Water District was formed in 1933 by a special act of the California
Legislature to protect Orange County’s rights to water in the Santa Ana River. OCWD is
governed by a 10-member Board of Directors, seven of whom are elected, and three are
appointed by the city councils of Anaheim, Fullerton, and Santa Ana.11F
12
Retail Water Districts
Each retail water district was established throughout Orange County’s history and provides water
directly to consumers. They are each governed by an elected board of directors, respective city
councils, or private investors.
Local Agency Formation Commission (LAFCO)
As part of California’s water governance, LAFCO oversees geographic boundaries, evaluates
cost-effective and efficient public service delivery, and explores potential alternatives to meet the
service demands of the existing and future County population. Orange County LAFCO was
founded in 1963 and strives to ensure the delivery of effective and efficient public services,
including water, by local governments to the County’s residents.12F
13 Orange County water
9 www.mwdoc.com/about-mwdoc; www.mwdh2o.com/who-we-are/our-story/
10 www.mwdoc/about-us/about-mwdoc
11 www.mwdoc.com com/wp-content/uploads/2017/06/So-Cal-Water-Wholesale-Retailers.pdf
12 www.ocwd.com/about/
13 www.oclafco.org/about-us/agency/
Page 75 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 12
professionals believe the process of creating one wholesale water agency would first go through
LAFCO formation before moving on to State legislation and approval.
Services Provided by Wholesalers & Retailers
The following water services are currently in operation for Orange County.
MET
• Delivering wholesale water supplies from the Colorado River and State Water Project.
• Managing water resources including water storage programs (groundwater banking and
reservoir), transfers and exchanges, groundwater recovery, recycling, stormwater capture,
and potential seawater desalination.
• Operating water system including treatment, quality monitoring, conveyance,
distribution, and support.
• Engineering, safety, and regulatory services such as infrastructure protection,
maintenance, and improvement programs.
• Managing energy operations.
• Planning for emergency water supply interruption due to earthquake, fire, power failure,
public health, and other unexpected crises.
• Planning for capital investment.
MWDOC
• Purchases wholesale water from MET, approximately 70.2 billion gallons of water
annually, and delivers to its 27 member agencies.
• Provides studies, analysis and programs related to water supply development, including
desalination, and system reliability and use efficiency.
• Offers planning assistance and local resource development in areas of water recycling,
groundwater recharge, and conservation.
• Offers residential and commercial rebate programs.
• Offers leak detection services to its members.
• Develops and administrates disaster preparedness, response, and recovery strategies
through the Water Emergency Response Organization of Orange County (WEROC). This
organization involves both water and wastewater agencies.
• Provides public education and community outreach.
OCWD
• Manages Orange County’s wholesale groundwater supplies: the basin consisting of a
large underground aquifer to ensure a reliable supply, the Santa Ana River watershed,
and the Groundwater Replenishment System (GWRS).
Page 76 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 13
• Replaces groundwater that is pumped out of the basin every year with Santa Ana River
watershed, recycled, imported, storm and natural incidental water recharge.
• Ensures groundwater supply safety and quality through monitoring and testing.
• Recycles water primarily through the GWRS which takes treated wastewater that
otherwise would be sent to the Pacific Ocean and purifies it for aquifer recharge.
• Participates in legislative and community engagement and education.
• Develops additional innovative programs such as Forecast Informed Reservoir
Operations (FIRO) at Prado Dam, capturing and recharging stormwater in the Santa Ana
River, and anticipating and optimizing stormwater runoff.
• Coordinates contaminant treatment, financial resource needs, and policy such as for Per-
and polyfluoroalkyl substances (PFAS) which enter the aquifer and wells primarily
through the Santa Ana River flows. Additionally, organizes litigation and accountability
for the contaminant sources.
Retail Water Districts
In addition to being the direct link to consumers, retail agencies provide several additional
services beyond those provided by wholesalers. Those services include maintaining water quality
and testing throughout their distribution systems, repair and replacement of critical
infrastructure, regulatory compliance, customer service, water use conservation, recycled water
for irrigation or other non-potable uses, and public outreach and health-related services.
Where Do We Go from Here?
Assessment of Current State
Reliable sources shared opinions with the OCGJ that the current OC wholesale structure is
“dysfunctional”, “prevents speaking with one voice for all of Orange County water interests”
involving the aquifer and imported water sources, and “currently provides redundant services
with redundant costs.” Also, multiple member agencies of MWDOC have expressed
dissatisfaction with MWDOC’s operating effectiveness related to MET board and legislative
representation, member charges for provided services, and the scope of emergency
preparedness.13F
14
In addition, this dual structure of MWDOC and OCWD has resulted in missed opportunities for
the County in the form of more extensive multiple agency collaboration, increased operating
efficiency, decreased reliance on imported water, and the creation of a more reliable water
14 Information based on multiple interviews, past agreements between MWDOC and MWDOC member agencies,
and LAFCO Municipal Service Reviews.
Page 77 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 14
supply.14F
15 Currently, many projects are undertaken by individual or small groups of retail
agencies that could be more expansive if guided by a single wholesale water supplier providing
diverse water sources.
Another missed opportunity is a lack of coordinated County analysis about the benefits and
drawbacks related to potential desalination projects. Even though desalination projects
potentially impact the water supply for all of Orange County, OCWD and MWDOC
independently consider these desalination projects and their impact.
Furthermore, many water experts believe that this fragmentation results in less than optimum
legislative lobbying effectiveness. This affects programs such as water conservation, related
water consumption standards such as State storage projects to capture more water supply during
wet years, contamination treatment standards, and the Delta Conveyance System, which is a
proposed more efficient and effective system to move water from Northern California to the
central and southern part of the State.
Benefits of a Single County Agency - “One Voice”
The Orange County Grand Jury found that creation of a single County wholesale water agency to
serve as a conduit for both imported and groundwater would be most effective in coordinating
water supply diversification, major infrastructure investments, and developing forward-thinking
policies and practices. This single agency would also help facilitate fiscal and environmental
responsibility.
Orange County water agencies have earned a tremendous reputation for innovative projects and
strategies related to increasing a reliable water supply, even in drought conditions. How do we
leverage what already is exemplary and collaborative in Orange Counter water operations?
• Groundwater Replenishment System (GWRS)
• Santa Ana River Conservation and Conjunctive Use program (SARCCUP)15F
16
• Inter-county perspective with neighboring jurisdictions of the Inland Empire, San Diego,
and Los Angeles Counties.
• Purple water recycling for irrigation coming from treated waste and stormwater capture.
• Burris Basin conversion to Anaheim Coves Trail (OCWD / City partnership).16F
17
Water experts believe “One Voice” would result in increased influence on the MET Board. The
OCJG concluded that having all types (groundwater and imported water) of wholesale water
15 Information based on multiple water professional interviews.
16 www.ieua.org/read-our-reports/santa-ana-river-conservation-and-conjunctive-use-program/
17 http://www.santa-ana-river-trail.com/trail/burris_basin.asp
Page 78 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 15
providers occupy “seats at the table” would be beneficial to Orange County as a whole and for
MET. Additional benefits of a one wholesale water entity include:
• Increased coordination of financial support and capital resources from local, State, and
federal sources. An example is in the funding for well contamination remediation
utilizing an ionization process.
• More influence at the local, State, and federal levels. Examples include the Delta
Conveyance17F
18 system, additional storage capacity, and preservation of imported supplies
from the State Water Project.
• Increased collaboration leading to additional infrastructure shared by wholesale and
retail, both for emergency and longer-term everyday use, to move water around as
needed.
• Centralized planning for emergency water supply interruptions rather than independent
efforts of wholesale and retail water organizations.
• Increased coordination between North and South County for matters such as water
banking in Central County for use in South County.
• Cost savings by eliminating duplication of administrative, professional, consultant,
lobbying and other expenses currently existing at OCWD and MWDOC.
• Singular County leadership in forming conservation strategies, public outreach, and
education.
Concerns related to creating “One Voice”
The Orange County Grand Jury recognizes that with any governance or business model change
obstacles will exist to forming a consolidated or new wholesale water agency. Overall,
proponents of this change are concerned that there is a lack of political will and that “protecting
my own turf” philosophies will get in the way of doing the right thing for reliable water supply in
the future. Some additional hesitation exists from some Orange County water board and
management professionals that believe:
• Imported versus groundwater requires specialized knowledge and a unique operational
approach and should not be combined.
• Staff reductions will occur.
• Merging of retirement pension and benefit liabilities will be complicated and expensive.
• Development of a new Board of Directors structure may cause a loss of representation of
the unique water needs of different parts of the County.
18 www.mwdoc.com/wp-content/uploads/2020/06/Delta-Conveyance-Project-and-EcoRestore.pdf
Page 79 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 16
• Consolidation of the existing two wholesale water districts, OCWD and MWDOC, or the
forming of a new agency would be complicated. The process would likely begin through
Orange County LAFCO before moving to State legislative level, both of which would be
divisive and risk political influence and interference when revising local and State water
acts.
Despite these complications and challenges, the OCGJ concluded that the County will be better
served by creating a “one voice” agency to lead and represent all aspects of wholesale water
operations in Orange County.
FINDINGS
F1 A singular water authority for Orange County’s wholesale water supply likely would
result in further opportunities at the local, State, and federal levels in legislation, policy
making and receiving subsidies and grants.
F2 The current fragmented water system structure and operations provides challenges as it
relates to development of new interconnected infrastructure as well as maintenance of
existing systems.
F3 There is a great disparity between the North/Central and South Orange County water
sources, management, and operations carried out by OCWD and MWDOC.
F4 South Orange County has many smaller retail water districts that lack a formal
centralized leadership. Notwithstanding this lack of structure, South Orange County retail
water districts have displayed effective collaboration when dealing with one another.
F5 Orange County Water District is a recognized worldwide leader in groundwater resource
management and reclamation. Its leadership, innovation, and expertise can be further
utilized to serve all of Orange County in developing additional innovative and beneficial
programs.
F6 Orange County currently does not have a countywide coordinated policy regarding water
conservation, which results in difficulty when complying with any new State-mandated
conservation regulations.
RECOMMENDATIONS
R1 By January 2023, Orange County wholesale water agencies should formally begin
analysis and collaboration towards forming a single wholesale water authority or
comparable agency to operate and represent wholesale water operations and interests of
all imported and ground water supplies. (F1, F2, F3, F4, F6)
Page 80 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 17
R2 Any future “One Voice” consolidated Orange County wholesale water authority should
have Directors that examine and vote on issues considering the unique needs of all water
districts. (F1, F2, F3, F4, F6)
COMMENDATIONS
• Orange County Water District (OCWD) commitment to sound planning and state-of-the-
art technology to provide water to the people of Orange County. Highly recognized,
OCWD, along with Orange County Sanitation District, has the world’s largest
Groundwater Replenishment System (GWRS).
• Municipal Water District of Orange County (MWDOC) for many provided services
related to emergency planning, public education, water reliability and delivery reports,
leak detection service, rebate and conservation programs and many other “choice”
services.
• All the current wholesale and retail water districts in Orange County for their efforts to
collaborate and strategize to better serve Orange County Citizens despite the lack of a
centralized administration.
RESPONSES
The following excerpts from the California Penal Code provide the requirements for public agencies
to respond to the Findings and Recommendations of this Grand Jury report:
California Penal Code Section 933 requires the governing body of any public agency which the
Grand Jury has reviewed, and about which it has issued a final report, to comment to the
Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters
under the control of the governing body. Such comment shall be made no later than 90 days after
the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of
a report containing findings and recommendations pertaining to a department or agency headed
by an elected County official (e.g. District Attorney, Sheriff, etc.), such elected County official
shall comment on the findings and recommendations pertaining to the matters under that elected
official’s control within 60 days to the Presiding Judge with an information copy sent to the
Board of Supervisors.
Furthermore, California Penal Code Section 933.05 specifies the manner in which such
comment(s) are to be made as follows:
(a) As to each Grand Jury finding, the responding person or entity shall indicate one of the
following:
(1) The respondent agrees with the finding.
Page 81 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 18
(2) The respondent disagrees wholly or partially with the finding, in which case the
response shall specify the portion of the finding that is disputed and shall include an
explanation of the reasons therefor.
(b) As to each Grand Jury recommendation, the responding person or entity shall report one of
the following actions:
(1) The recommendation has been implemented, with a summary regarding the
implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the
future, with a time frame for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and
parameters of an analysis or study, and a time frame for the matter to be prepared for
discussion by the officer or head of the agency or department being investigated or
reviewed, including the governing body of the public agency when applicable. This
time frame shall not exceed six months from the date of publication of the Grand Jury
report.
(4) The recommendation will not be implemented because it is not warranted or is not
reasonable, with an explanation therefor.
(c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters
of a county agency or department headed by an elected officer, both the agency or department
head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response
of the Board of Supervisors shall address only those budgetary /or personnel matters over which
it has some decision making authority. The response of the elected agency or department head
shall address all aspects of the findings or recommendations affecting his or her agency or
department.
Responses Required
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05 are
required from:
90 Day Response Required F1 F2 F3 F4 F5 F6
OCWD Board of Directors X X X X X
90 Day Response Required R1 R2
OCWD Board of Directors X X
Page 82 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 19
90 Day Response Required F1 F2 F3 F4 F5 F6
MWDOC Board of Directors X X X X X X
90 Day Response Required R1 R2
MWDOC Board of Directors X X
Responses Requested
90 Day Response Requested F1 F2 F3 F4 F5 F6
East Orange County Water
District X X X X X
90 Day Response Requested R1 R2
East Orange County Water
District X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
El Toro Water District X X X X X
90 Day Response Requested R1 R2
El Toro Water District X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
Emerald Bay Service District X X X X X
90 Day Response Requested R1 R2
Emerald Bay Service District X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
Golden State Water Co X X X X X
90 Day Response Requested R1 R2
Golden State Water Co X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
Irvine Ranch Water District X X X X X X
90 Day Response Requested R1 R2
Irvine Ranch Water District X X
Page 83 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 20
90 Day Response Requested F1 F2 F3 F4 F5 F6
Laguna Beach County Water
District X X X X X X
90 Day Response Requested R1 R2
Laguna Beach County Water
District X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
Mesa Water District X X X X X
90 Day Response Requested R1 R2
Mesa Water District X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
Moulton Niguel Water
District X X X X X X
90 Day Response Requested R1 R2
Moulton Niguel Water
District X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
Santa Margarita Water
District X X X X X X
90 Day Response Requested R1 R2
Santa Margarita Water
District X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
Serrano Water District X X X X X X
90 Day Response Requested R1 R2
Serrano Water District X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
South Coast Water District X X X X X
90 Day Response Requested R1 R2
South Coast Water District X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
Trabuco Canyon Water
District X X X X X X
Page 84 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 21
90 Day Response Requested R1 R2
Trabuco Canyon Water
District X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
Yorba Linda Water District X X X X X
90 Day Response Requested R1 R2
Yorba Linda Water District X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
City of Anaheim X X X X X
90 Day Response Requested R1 R2
City of Anaheim X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
City of Fullerton X X X X X
90 Day Response Requested R1 R2
City of Fullerton X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
City of Santa Ana X X X X X
90 Day Response Requested R1 R2
City of Santa Ana X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
City of Brea X X X X X
90 Day Response Requested R1 R2
City of Brea X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
Metropolitan Water District X X X
90 Day Response Requested R1 R2
Metropolitan Water District X X
Page 85 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 22
GLOSSARY
AQUEDUCT A structure for transporting water from one place to another by
means of a pipeline, canal, conduit, tunnel, or a combination of
these things.
AQUIFER A geologic formation of sand, rock and gravel through which
water can pass and which can store, transmit and yield significant
quantities of water to wells and springs.
Refers to State Water Project (SWP) infrastructure in the vast
network of waterways comprising the Sacramento-San Joaquin
Delta (Delta) that collects and moves fresh, clean, and affordable
water to homes, farms, and businesses throughout major regions of
the State from the Bay Area to Southern California.
FIRO Forecast Informed Reservoir Operations is a flexible water
management approach that uses data from watershed monitoring
and improved weather forecasting to help water managers
selectively retain or release water from reservoirs for increased
resilience to droughts and floods.
GWRS Groundwater Replenishment System. A process where water is
replaced in the aquifer.
GREEN ACRES PROJECT OCWD's Green Acres Project (GAP) is a water reuse effort that
provides recycled water for landscape irrigation at parks, schools,
and golf courses; industrial uses, such as carpet dying; toilet
flushing; and power generation cooling.
GROUNDWATER
BANKING A process of diverting surface water into an aquifer where it can be
stored until needed
JPA Joint Power Authority. two or more public agencies to join
together, under a joint powers authority (JPA), to provide more
effective or efficient government services or to solve a service
delivery problem.
Page 86 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 23
LAFCO Local Agency Formation Commission. Governed by State law, the
Commission oversees proposed changes to local agency and
county unincorporated boundaries and prepares special studies to
encourage the orderly and efficient delivery of public services to
Orange County residential and business communities.
MET Metropolitan Water District, provides water from the Colorado
River and the State Water Project from northern California to
Southern California.
MWDOC Municipal Water District of Orange County represents all of
Orange County, excluding the three independent city members of
MET, and acts as a pass-through agency for MET water sold to its
constituent members and sells additional untreated water to
OCWD for groundwater recharge.
OCSAN Orange County Sanitation District treats and recycles sewer and
grey water.
OCWD Orange County Water District manages the groundwater basin of
the north and central part of the County.
ONE VOICE Orange County needs to have a central entity to speak for water
and legislative matters.
PAPER WATER Transfer water via paper, not physically.
PFAS Per and polyfluoroalkyl substances chemical by product of past
aerospace manufacturing in Orange County.
PURPLE WATER Recycled water that has been treated for reuse in landscaping,
agriculture, and commerce.
SAR Santa Ana River.
SARCCUP Santa Ana River Conservation and Conjunctive Use program.
Guides the use and conservation of the Santa Ana River basin.
SPECIAL DISTRICTS Special districts are public agencies created to provide one or more
specific services to a community, such as water service, sewer
service, and parks.
Page 87 of 97
Water in Orange County Needs “One Voice”
2021-2022 Orange County Grand Jury Page 24
WATER TRANSFERS A water transfer is a voluntary sale of water proposed and initiated
by willing sellers who have legal rights to a supply of water to an
interested buyer.
WEROC Water Emergency Response Organization of Orange County,
administered through MWDOC, develops disaster preparedness,
response, and recovery strategies.
Page 88 of 97
PO Box 309, Yorba Linda CA 92885 714-701-3000 www.ylwd.com
J. Wayne Miller, PhD
President
Brooke Jones
Vice President
Trudi Kew DesRoches
Director
Phillip D. Hawkins
Director
Tom Lindsey
Director
SERVING THE COMMUNITY SINCE 1909
August 8, 2022
Honorable Erick L. Larsh
Presiding Judge
Superior Court of California, County of Orange
700 Civic Center Drive West
Santa Ana, CA 92701
Re: Response to Grand Jury Report from Yorba Linda Water District
“Water in Orange County Needs ‘One Voice’” – OC Grand Jury 2021-2022
Dear Judge Larch:
The Yorba Linda Water District (YLWD) is pleased to present the following
response to the above-referenced Grand Jury Report as requested by the 2021-
2022 Orange County Grand Jury:
Findings of the Grand Jury:
F1 A singular water authority for Orange County’s wholesale water supply
likely would result in further opportunities at the local, State, and federal levels in
legislation, policy making and receiving subsidies and grants.
YLWD Response to F1: YLWD neither agrees nor disagrees with this Finding. YLWD
has no basis for evaluating this Finding and has no information or opinion as to
whether local, state, or federal agencies would respond better to or be more
likely to provide subsidies or grants to a larger agency.
F2 The current fragmented water system structure and operations provides
challenges as it relates to development of new interconnected infrastructure as
well as maintenance of existing systems.
YLWD Response to F2: YLWD neither agrees nor disagrees with this Finding as it
demonstrates a lack of understanding as to the roles of the respective entities.
MWDOC has no physical water transmission infrastructure. OCWD maintains any
interconnections it needs directly with MET and OCWD maintains its facilities
without issue to a very high standard.
F3 There is a great disparity between the North/Central and South Orange
County water sources, management, and operations carried out by OCWD and
MWDOC.
Page 89 of 97
Hon. E. Larsh
August 9, 2022
Page 2 of 3
YLWD Response to F3: YLWD agrees with this Finding at face value.
North/Central Orange County has long-established rights to the Orange County
groundwater basin that South Orange County does not have. Combining these
agencies will not change that. A combined agency would still have to maintain
separate and distinct functions such that the rights to groundwater of the
agencies holding such rights are not abridged or compromised in any fashion. A
combined agency would almost certainly gain significant economies and
efficiencies as to management of the imported MET water supply.
F4 South Orange County has many smaller retail water districts that lack a
formal centralized leadership. Notwithstanding this lack of structure, South
Orange County retail water districts have displayed effective collaboration when
dealing with one another.
YLWD Response to F4: YLWD neither agrees nor disagrees with this Finding and
has no basis for comment.
F5 Orange County Water District is a recognized worldwide leader in
groundwater resource management and reclamation. Its leadership, innovation,
and expertise can be further utilized to serve all of Orange County in developing
additional innovative and beneficial programs.
YLWD Response to F5: YLWD agrees with this Finding keeping in mind the
distinction between those agencies having rights to groundwater and those that
do not.
F6 Orange County currently does not have a countywide coordinated policy
regarding water conservation, which results in difficulty when complying with any
new State-mandated conservation regulations.
YLWD Response to F6: YLWD agrees with the first part of this Finding and
disagrees with the second part. Despite not having a “countywide coordinated
policy regarding water conservation,” YLWD is not aware of this resulting in any
difficulty complying with new State-mandated conservation regulations. In fact,
the State thus far, has left it to the local agencies to determine how best to
comply with State policies. YLWD respectfully suggests that this is the essence of
local control – allowing each local community to do what works best without the
overreach of a larger regional bureaucracy.
Page 90 of 97
Hon. E. Larsh
August 9, 2022
Page 3 of 3
Recommendations of the Grand Jury:
R1 By January 2023, Orange County wholesale water agencies should
formally begin analysis and collaboration towards forming a single wholesale
water authority or comparable agency to operate and represent wholesale
water operations and interests of all imported and ground water supplies. (F1, F2,
F3, F4, F6)
YLWD Response to R1: If the two agencies would like to explore a possible
merger, YLWD would support that effort. YLWD recognizes that there may be
many long-term benefits and economies to be realized through an eventual
consolidation of these agencies.
R2 Any future “One Voice” consolidated Orange County wholesale water
authority should have Directors that examine and vote on issues considering the
unique needs of all water districts. (F1, F2, F3, F4, F6)
YLWD Response to R2: YLWD believes that all public agencies should have
elected members that examine and vote on issues considering the unique needs
of constituents and stakeholders.
Thank you for providing YLWD the opportunity to respond and comment. Should
you have any questions, please contact us at your convenience.
Sincerely,
J. Wayne Miller, Ph.D.
President, Board of Directors
First Initial. Last Name
Date
Page #
Page 91 of 97
ITEM NO. 13.1.
AGENDA REPORT
MEETING DATE: August 9, 2022
TO: Board of Directors
FROM: Doug Davert, Interim General Manager
STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT: Director's Reports
The Directors will report on their attendance at the following events:
JULY
OC LAFCO - July 13, 2022
YL Planning Commission - July 13, 2022 (Hawkins - As Needed)
WACO Planning Committee - July 19, 2022
SAWPA Commission - July 19, 2022
MWDOC Board - July 20, 2022 (Miller/Lindsey)
OCWA Webinar - July 20, 2022 (Jones/Hawkins)
OCWD Board - July 20, 2022 (Jones/DesRoches)
GRA Southern CA - July 26, 2022 (Jones)
MWDOC/OCWD Joint Planning Committee - July 27, 2022 (Miller/DesRoches)
OC Sanitation - July 27, 2022 (Jones)
YL Planning Commission - July 27, 2022 (Hawkins - As Needed)
ISDOC - July 28, 2022
AUGUST
ISDOC Executive Committee - August 2, 2022
FIRO Webinars - August 2-4, 2022 (Jones)
YL City Council - August 2, 2022 (Hawkins)
MWDOC Board - August 3, 2022 (Miller/Lindsey)
OCWD Board - August 3, 2022 (Jones/DesRoches)
WACO - August 5, 2022
Page 92 of 97
ITEM NO. 13.2.
AGENDA REPORT
MEETING DATE: August 9, 2022
TO: Board of Directors
FROM: Doug Davert, Interim General Manager
STAFF CONTACTS: Doug Davert, Interim General Manager
SUBJECT: Interim General Manager's Report
A brief update on District activities and matters of interest as of August 1, 2022.
1. Metropolitan has advised us that they need to do an emergency repair on their upper feeder
where it crosses the Santa Ana River in Riverside County. The shutdown will last 14 days
(September 6 through 20, 2022). While this does not directly affect our supplies, we are
working closely with OCWD, MWDOC, and Metropolitan to ensure reliability during the
shutdown which is scheduled during our high-demand period.
2. On Tuesday, August 2, 2022, we had our credit surveillance with Fitch Ratings. This is
separate from the recent rating by S&P that was used in our bond transaction. We are hopeful
that we will maintain our AA+ rating and will keep you posted on the result.
3. On Friday, August 12, 2022, we will be hosting Congresswoman Young Kim and her staff for a
brief tour of the PFAS plant, the helicopter hydrants, and the Green Crest Lift Station. Rep.
Kim (along with Senator Padilla) obtained $500,000 in federal funding for our third helicopter
hydrant. She and Senator Padilla are now pursuing funding for the Green Crest Lift Station
Rehabilitation Project as well as the Imperial Highway Waterline Replacement Project. Rep.
Kim is bringing several members of her DC staff so that they can understand these projects.
We look forward to hosting them.
4. Staff participated in the Taste of Yorba Linda event on July 29, 2022. The YLWD team did an
outstanding job and was well-received by hundreds of thirsty participants. We will be
participating in the Taste of Placentia event on August 11, 2022.
5. Engineering staff is working on layout and design of the next helicopter hydrant. There are
several logistical prerequisites that will need to be resolved before we are able to commit to
timing and location. Staff will update the Board when more information is available.
6. Staff is planning a community open house at our headquarters facility in October. We will
provide more details as they become available.
7. Attached is the monthly activity report from CommunicationsLAB.
8. Kudos are again in order for our Finance Department. Under Delia Lugo's guidance and
leadership, the Government Finance Officers Association of the United States and Canada
Page 93 of 97
(GFOA) has awarded the Certificate of Achievement for Excellence in Financial Reporting to
Yorba Linda Water District for its annual comprehensive financial report for the fiscal year
ended June 30, 2021. The report has been judged by an impartial panel to meet the high
standards of the program, which includes demonstrating a constructive "spirit of full
disclosure" to clearly communicate its financial story and motivate potential users and user
groups to read the report. The Certificate of Achievement is the highest form of recognition in
the area of governmental accounting and financial reporting, and its attainment represents a
significant accomplishment by a government and its management.
Staff is available to answer any questions you may have regarding the foregoing.
ATTACHMENTS:
1. CommLAB Activity Report for July
Page 94 of 97
July Activity Report
TO: Alison Martin, Public Affairs Manager, PIO, Yorba Linda Water District
FROM: Diego Terán, Sr. Account Manager, Communications LAB
DATE: July 28, 2022
RE: Current communication’s projects
Below are highlights of current Communications Lab projects for Yorba Linda Water District:
• Social Media a) Agency submitted copy and received approval for July-mid-Sep. media calendar. Next step: Agency to analyze exposure.
b) Agency submitted KPI report with analysis of social media platforms Facebook, Instagram, LinkedIn and Twitter. This report includes activity from Apr. 22-June 22. Next step: Agency to analyze data and start preparing next report.
• Graphic Design a) Client notified agency that its accounting team has put the Annual Budget Document on hold. The agency will be ready for further notification to continue with project layout. b) Agency created new social media banners for Facebook, LinkedIn, Twitter and YouTube, which include the client’s new logo. c) Agency completed a letterhead refresh as a Word document with the client’s new logo and an image of the new PFAS plant.
d) Agency submitted new layout for client’s business cards template as Illustrator files. The layout is modular, allowing accommodation of multiple phone numbers, or other multiple data that requires customization. Client provided photos to choose from for the background, which included the new PFAS plant. e) On July 27, the agency provided print-ready files of the semiannual water news outline, which included two rounds of edits requested by client. Along with the print-ready pdf, the agency provided a hyperlink-active pdf. The layout redesign features an image of new PFAS plant provided by client.
f) Agency forwarded pictures of board members and other dignitaries present at the PFAS plant dedication.
Page 95 of 97
ITEM NO. 15.1.
AGENDA REPORT
MEETING DATE: August 9, 2022
TO: Board of Directors
FROM: Doug Davert, Interim General Manager
STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary
SUBJECT: Meetings from August 10 - September 30, 2022
ATTACHMENTS:
1. Board of Directors' Activity Calendar
Page 96 of 97
Board of Directors Activity Calendar
Event Date Time Attendance By
August
OC LAFCO Wed, Aug 10 8:15 AM
YL Planning Commission Wed, Aug 10 6:30 PM Hawkins (As Needed)
WACO Planning Committee Tue, Aug 16 7:30 AM
SAWPA Commission Tue, Aug 16 9:30 AM
YL City Council Tue, Aug 16 6:30 PM Lindsey
MWDOC Board Wed, Aug 17 8:30 AM Miller/Lindsey
OCWA Webinar Wed, Aug 17 11:30 AM
OCWD Board Wed, Aug 17 5:30 PM Jones/DesRoches
Board of Directors Regular Meeting Tue, Aug 23 5:30 PM
UWI Conference Wed, Aug 24 1:00 PM Jones
OC Sanitation Wed, Aug 24 6:00 PM Jones
YL Planning Commission Wed, Aug 24 6:30 PM Hawkins (As Needed)
UWI Conference Thu, Aug 25 8:00 AM Jones
UWI Conference Fri, Aug 26 8:00 AM Jones
July
District Offices Closed Mon, Sep 5 7:00 AM
ISDOC Executive Committee Tue, Sep 6 7:30 AM
SAWPA Commission Tue, Sep 6 9:30 AM
YL City Council Tue, Sep 6 6:30 PM DesRoches
MWDOC Board Wed, Sep 7 8:30 AM Miller/Lindsey
OCWD Board Wed, Sep 7 5:30 PM Jones/DesRoches
WACO Fri, Sep 9 7:30 AM
Board of Directors Regular Meeting Tue, Sep 13 6:30 PM
OC LAFCO Wed, Sep 14 8:15 AM
YL Planning Commission Wed, Sep 14 6:30 PM Hawkins (As Needed)
OC Water Summit Fri, Sep 16 7:30 AM Jones
WACO Planning Committee Tue, Sep 20 7:30 AM
SAWPA Commission Tue, Sep 20 9:30 AM
YL City Council Tue, Sep 20 6:30 PM Miller
MWDOC Board Wed, Sep 21 8:30 AM Miller/Lindsey
OCWA Webinar Wed, Sep 21 11:30 AM
OCWD Board Wed, Sep 21 5:30 PM Jones/DesRoches
Board of Directors Regular Meeting Tue, Sep 27 6:30 PM
OC Sanitation Wed, Sep 28 6:00 PM Jones
YL Planning Commission Wed, Sep 28 6:30 PM Hawkins (As Needed)
As of August 2, 2022
Page 97 of 97
BACKUP MATERIALS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING
Page 1
M E M O R A N D U M
To: Yorba Linda Water District
From: Townsend Public Affairs
Date: August 3, 2022
Subject: State and Federal Legislative Monthly Report
State Legislative Update
The month of July was quiet in Sacramento with legislators away on Summer Recess. Despite
the lack of legislative activity, the month was a critical time for behind-the-scenes negotiations on
bills and final budget activity as the Legislature gears up to tackle the last month of the legislative
session. The legislative session will conclude on August 31, where legislators will return home for
Interim Recess until they start again in January 2023. Below is an overview of state activity from
the month of July.
State Legislature
The return from Summer Recess on August 1 will feature Appropriations Committee hearings for
both houses – both with immense bill agendas to consider. Following the first week of
Appropriations Committee hearings, lawmakers will also need to pass any financially significant
bills through their respective suspense files before they can move to the floor for final votes.
Governor Newsom will then have until September 30 to sign or veto any bills that make it out of
the Legislature and to his desk.
Priority bills that are slated for consideration upon the Legislature’s return from recess include the
following:
• Indoor Residential Water Use: SB 1157 (Hertzberg) would lower the indoor residential water
use target to 42 gallons per capita per day starting in 2030. Recently adopted amendments
require the Department of Water Resources (DWR) to conduct an additional study to
determine the impact of the 2030 standard as well as addressing its affordability. Additionally,
the bill expands the list of available variances that can be granted by the State Water
Resources Control Board and DWR. SB 1157 is expected to be sent to the Assembly
Appropriations Committee’s Suspense File and will be heard on or before August 11. Several
associations and water and sanitation agencies remain in an oppose unless amended stance
on the bill, while some have moved to neutral with the new amendments.
• Land Use: AB 2011 (Wicks) and SB 6 (Caballero) allow for the ministerial or by-right approval
of residential development on certain commercial and industrial sites so long as developers
adhere to specified labor standards for workers. These bills will be considered by their
respective second-house appropriations committees in the first week of August.
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
Page 2
• ADU Reform: SB 897 (Wieckowski) and AB 916 (Salas) both seek to reform laws governing
accessory dwelling units (ADUs) through requirements to increase the allowable height for
units and prohibiting local hearings for the construction of additional rooms and parking
requirements, among other things. Both bills will be considered by their respective second-
house appropriations committees in the first week of August.
• Local Transportation Planning: SB 932 (Portantino) requires local governments to adopt
significant bicycle, pedestrian, and traffic calming elements in their general plans and creates
a private right of action against local governments that fail to implement plans resulting in
injury. This bill will be considered by its second house Appropriations Committee at the
beginning of August.
• Labor and Employment: SB 931 (Leyva) allows an employee organization to file a claim with
the California Public Employment Relations Board alleging a violation of a section of the
Government Code that governs employer actions and union membership. SB 1127 (Atkins)
changes longstanding rules and timeframes for determining the eligibility of workers’
compensation claims and could result in new penalties on employers. Both bills will be
considered by their respective second-house appropriations committees in the first week of
August.
• Mental Health: SB 1338 (Umberg) implements the Governor’s priority CARE Court program,
which provides treatment for individuals experiencing mental health crises anywhere from 12-
24 months. Collectively, SB 929, SB 970, SB 1154, and SB 1238 authored by Senator
Eggman increase data collection to help behavioral health agencies better understand the
outcomes of involuntary holds, their services, and waiting periods, along with current and
projected behavioral health care infrastructure. These bills will be considered by their
respective second-house appropriations committees in the first week of August.
• Public Safety: SB 1000 (Becker) requires law enforcement agencies to allow public access
to their radio communications. This bill is also slated for consideration by the Assembly
Appropriations Committee.
Delta Conveyance Project
In July, the Department of Water Resources (DWR) released a draft Environmental Impact Report
(EIR) for the Delta Conveyance Project, the major water infrastructure project designed to
modernize the transportation of water from Northern California through the Sacramento San-
Joaquin Bay Delta to Central and Southern California. This marks a major step in the tumultuous
and controversial project, which was famously reduced from a two-tunnel design under Governor
Brown to a more cost effective one-tunnel design. Cost estimates are not final but are expected
to reach more than $16 billion that will be funded heavily through the State Water Contractors
who deliver water from the State Water Project.
Currently, the Draft EIR is available for public comment for 90-days, ending on October 27, 2022.
This is the first step forward for the Delta Conveyance Project for some time, which is expected
to be delayed continuously going forward through CEQA protests and lawsuits.
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
Page 3
CalPERS Reports $29 billion Loss, Proposes a New Rulemaking Action
The California Public Employees’ Retirement System reported a loss of more than 6 percent last
fiscal year – its first negative investment return since the Great Recession. At the close of the
2021-22 fiscal year, which ended June 30, the fund stood at $440 billion, a loss of nearly $30
billion from the previous year, when CalPERS reported a positive 21.3 percent return to bring the
fund’s total to $469 billion. As a result of the overall loss, the fund ended the fiscal year with 72
percent of the money it needs to meet all its financial obligations. The system was reportedly 82%
funded at the start of the 2020-21 fiscal year. CalPERS executives attribute the impact on returns
to volatile global financial markets, geopolitical instability, domestic interest rate hikes, and
inflation. Ultimately, after an auditing process, CalPERS’ 2021-22 final fiscal year investment
performance will be reflected in contribution levels for State of California and school districts in
fiscal year 2023-24, and for contracting cities, counties, and special districts in fiscal year 2024-
25.
Additionally, this month CalPERS also issued a proposed rulemaking action which seeks to define
“limited duration” employment and provide clarity and uniformity for CalPERS-covered employers.
Specifically, the proposed regulations seek to define the term “limited duration” for “extra help”
positions. Extra help positions are a type of “retired annuitant” appointment that allows CalPERS
retirees to perform part-time, specialized work at public agencies without losing their pensions.
The proposed rulemaking action limits an appointment of a retired annuitant to an initial period of
two years, which could be extended by an additional year up to two times, for a total of four years,
if certain requirements are met. For current retired annuitants, the two years would be counted
from when the regulations go into effect. Numerous local government agencies have voiced
concerns over the proposed action and have highlighted the need for greater flexibility during a
tumultuous period of staffing issues due to the pandemic.
Federal Legislative Update
July was an extremely active month in Washington, DC as Congress worked to push through
several key legislative items before the August recess. Progress was made on numerous policy
fronts, including budget reconciliation, FY23 appropriations, semi-conductor legislation, and
environmental resilience. Additionally, the House moved forward to codify same-sex marriage
and access to contraception, as well as pass as a ban on assault weapons. Below is an overview
of federal legislative updates from the month of July.
Update on Budget Reconciliation
In what could prove to be a major breakthrough after weeks of negotiations, on July 28, Senate
Majority Leader Chuck Schumer and Senator Joe Manchin released the outline of a tax, climate,
and health care deal. The proposal would raise an estimated $739 billion, with the revenues going
to fund climate and health initiatives, along with reducing the budget deficit.
The bill includes several provisions relating to water resources:
• $837.5 million for the Department of Housing and Urban Development to issue loans and
grants, potentially leveraging up to $4 billion for the purpose of improving energy or water
efficiency in low-income housing.
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
Page 4
• $1.893 billion for a new Neighborhood Access and Equity Grant Program. Among many
eligible projects, this grant program would fund the construction of infrastructure or protective
features to reduce or manage stormwater run-off.
• $550 million for the U.S. Bureau of Reclamation to provide domestic water supplies to
disadvantaged communities that do not have access to reliable water supplies.
• $25 million for Reclamation to install solar panels over canals with the intent to generate
renewable energy and curb evaporation.
• $200 million for vegetation management projects in National Forests carried out in accordance
with a water source management plan or a watershed protection and restoration action plan.
The bill has been named the Inflation Reduction Act in a nod to the negative impacts inflation has
had on the federal tax and spending agenda. The legislation still has major hurdles to clear, which
include numerous moderate Democrats expressing a desire to change the state and local tax
deduction cap provisions. If these issues are resolved, a vote in the Senate could come during
the first week of August and the bill would make its way to the President’s desk by mid-August.
Update on House FY23 Appropriations
On July 20, the U.S. House of Representatives passed H.R.8294, a legislative package that
includes six of the twelve Fiscal Year 2023 appropriations bills. The package includes spending
bills for Agriculture-FDA, Energy and Water, Financial Services-General Government, Interior-
Environment, and Military Construction-Veterans Affairs.
A spending breakdown for each of the six bills is below:
• Transportation-HUD: $168.5 billion
• Agriculture-FDA: $27.2 billion
• Energy and Water: $56.3 billion
• Financial Services-General Government: $29.8 billion
• Interior-Environment: $44.8 billion
• Military Construction-Veterans Affairs: $150.5 billion
House Democrats did not have the necessary votes to pass the remaining six appropriations bills
before leaving for the August recess due to a lack of consensus on spending programs between
both parties. In the absence of an agreement, Appropriations Committees have begun drafting a
stopgap government funding bill to avoid a shutdown at the end of the fiscal year on September
30. It is anticipated that this continuing resolution (CR), will extend current funding levels into early
December, to allow negotiators to reach an agreement and avoid a shutdown. Congress is
expected to take up the CR in September, following a return from August recess.
Senate Releases Appropriations Bills
On July 28, the Senate Appropriations Committee released drafts of its 12 appropriations bills for
the 2023 fiscal year. Due to the lack of bipartisan agreement on FY23 spending figures, these
bills will serve as a starting point in budget negotiations. The proposed funding levels for each
subcommittee are below:
• Agriculture: $27 billion
• Commerce, Justice, Science, and Related Agencies: $85.8 billion
• Defense: $792.1 billion
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
Page 5
• Energy and Water Development: $57.5 billion
• Financial Services and General Government: $29.45 billion
• Homeland Security: $59.9 billion
• Interior, Environment, and Related Agencies: $42.2 billion
• Labor, Health and Human Services, Education, and Related Agencies: $216.1 billion
• Legislative Branch: $4.7 billion
• Military Construction, Veterans Affairs, and Related Agencies: $317 billion
• State, Foreign Operations, and Related Programs: $64.56 billion
• Transportation, Housing and Urban Development, and Related Agencies: $89 billion
U.S. House of Representatives Passes the Wildfire Response and Drought Resiliency Act
On July 26, the House of Representatives passed H.R. 5118, the Wildfire Response and Drought
Resiliency Act by a party-line vote. The bill aims to establish programs and grants to address
wildfire risks, ecological restoration, droughts, and environmental justice, through the
authorization of billions of dollars for federal agencies like the Departments of Agriculture and
Interior.
Summary of Water Provisions
• $600 million for water recycling and reuse projects.
• $500 million over three years to address the decreasing water levels in Lake Mead and Lake
Powell.
• $400 million for aquatic ecosystem restoration and protection projects likely to improve the
health of fisheries, wildlife, or aquatic habitat.
• $260 million over four years for desalination project development.
• $250 million for projects near the Salton Sea in Southern California.
• $200 million for a watershed health program created under the Infrastructure Investment and
Jobs Act (IIJA).
• $150 million for federal stream gauges to be used to measure the water flowing in a river or
stream
Additionally, the package would authorize $700 million for a competitive grant program for large-
scale water recycling and reuse projects. The program was originally established under the IIJA.
The measure also would remove a termination date for the program, which is set to end in
November 2026.
Disadvantaged Communities
The bill would authorize $100 million for a new grant program to help disadvantaged communities
address a significant decline in drinking water quality and quantity. Projects would have to be in
cities or towns with 60,000 residents or less and a median household income of less than 100
percent of the non-metropolitan median household income of the state. The Interior Department
plans to prioritize projects where the decline in water quality or quantity is a threat to public health.
Water Efficiency
The measure would authorize $50 million annually from FY 2023 through FY 2028 to establish a
water efficiency and conservation grant program for entities that provide incentives to install
commercial or residential water-efficient upgrades. At least 40 percent of the grant would be used
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
Page 6
to provide water-efficient upgrades for low-income households. It would also authorize $40 million
annually from FY 2023 through FY 2028 for a sustainable water loss control program to make
grants providing technical assistance to audit public water systems.
Water Data
The bill would authorize $25 million annually from FY 2023 through FY 2027 to create a water
data grant program to support non-federal entities in making water data sets accessible, support
water data sharing, and advance water data infrastructure.
Next Steps
Because the Senate has not passed its own drought and wildfire legislation this bill will likely serve
as only the starting point for addressing these issues rather than as final legislation. Republican
lawmakers have criticized Democrats for trying to rush the measure through Congress with little
bipartisan support. With a lack of congressional agreement, it is likely that the legislation will stall
in the Senate until after the November elections. This dynamic provides an opportunity to engage
with Senators to shape federal drought and wildfire policy, especially with the office of Senator
Dianne Feinstein, who has proposed several water, drought, and wildfire bills during this
Congress.
EPA Water Workforce Webinar Series
The U.S. Environmental Protection Agency is hosting a webinar series highlighting ways in which
organization across the water sector are implementing programs to help utilities as they address
workforce challenges. Past webinars have included training on retaining workers, developing and
maintaining workforce partnerships with water utilities, technology adaptation, the role of state
and local workforce boards, and women in the water workforce. The latest webinar in the series
will occur on August 24 and will focus on the role water workforce development.
More information on the webinar series, including recordings of past webinars can be found here.
Registration information for the webinar can be found here.
U.S. Army Corps of Engineers Water Infrastructure Financing Program Comment Period
The U.S. Army Corps of Engineers (USACE) released a draft rule to establish the Corps Water
Infrastructure Financing Program (CWIFP), a program to enable local investments in
infrastructure projects that address community water resource needs, promote economic
prosperity, and improve environmental quality. To date, CWIFP has received a total of $81 million
for credit subsidy and an additional $15.4 million for administration of the program. This will allow
USACE to issue up to approximately $7.5 billion in loans to projects that are focused on
maintaining, upgrading, and repairing dams identified in the National Inventory of Dams as being
owned by non-federal entities. The draft rule to establish CWIFP has been published in the
Federal Register for public review and comment until August 9, 2022.
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
Yorba Linda Water District
Wednesday, August 03, 2022
AB 351 (Garcia, Cristina D) Reduction of human remains and the disposition of reduced human remains.
Current Text: Amended: 6/27/2022 html pdf
Introduced: 1/28/2021
Last Amend: 6/27/2022
Status: 8/2/2022-In committee: Referred to suspense file.
Is Urgency: N
Is Fiscal: Y
Location: 8/2/2022-S. APPR. SUSPENSE FILE
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Cemetery and Funeral Act provides for the licensure and regulation of cemeteries,
crematoria, hydrolysis facilities, cremated remains disposers, funeral establishments, and their
personnel by the Cemetery and Funeral Bureau within the Department of Consumer Affairs. Current
law creates the Cemetery and Funeral Fund, which is continuously appropriated for the purpose of
implementing the act. Under current law, the violation of the act is a misdemeanor. Current law
provides for the disposition of human remains and makes specified acts relating to human remains,
including improperly disposing of human remains, a crime. This bill, commencing January 1, 2025, would
require the bureau to license and regulate reduction facilities, as defined, and would enact
requirements applicable to reduction facilities substantially similar to those applicable to crematoria
and hydrolysis facilities and would enact provisions relating to the disposition of reduced human
remains by integration into the soil.
AB 1086 (Aguiar-Curry D) Organic waste: implementation strategy: report.
Current Text: Amended: 7/7/2021 html pdf
Introduced: 2/18/2021
Last Amend: 7/7/2021
Status: 8/27/2021-Failed Deadline pursuant to Rule 61(a)(12). (Last location was APPR. SUSPENSE
FILE on 8/16/2021)(May be acted upon Jan 2022)
Is Urgency: N
Is Fiscal: Y
Location: 8/27/2021-S. 2 YEAR
Desk Policy Fiscal Floor Desk Policy 2 year Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would request that the California Council on Science and Technology, in consultation with
its academic and research partners and specified state agencies, undertake and, within 12 months of
entering into a contract, complete a report that provides an implementation strategy to achieve the
state’s organic waste, and related climate change and air quality, mandates, goals, and targets. If the
council agrees to undertake and complete the report, the bill would require the council to provide the
report to the relevant state agencies after peer review in order for one or more of the relevant state
agencies to conduct at least one public meeting and publish the draft implementation strategy on its
internet website. The bill would also require the council, if it agrees to undertake and complete the
report, to submit the report to the Legislature. The bill would require the implementation strategy to
include, among other things, recommendations on policy and funding support for the beneficial reuse
of organic waste.
AB 1240 (Ting D) Indoor air pollution.
Current Text: Amended: 1/24/2022 html pdf
Introduced: 2/19/2021
Last Amend: 1/24/2022
Status: 6/20/2022-In committee: Referred to suspense file.
Is Urgency: N
Is Fiscal: Y
Location: 6/20/2022-S. APPR. SUSPENSE FILE
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law requires the State Air Resources Board, in consultation with other state
agencies and interested members of the public, to provide a report to the Legislature on issues
relating to indoor air pollution by January 1, 2004.This bill would require the state board to provide to
the Legislature an addendum, as specified, to the above-described report by January 1, 2025. The bill
would repeal these provisions on January 1, 2029.
AB 1811 (Fong, Mike D) Local flood protection: planning: climate change.
Page 1/13
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
AB 1811 (Fong, Mike D) Local flood protection: planning: climate change.
Current Text: Amended: 6/9/2022 html pdf
Introduced: 2/7/2022
Last Amend: 6/9/2022
Status: 6/29/2022-Read second time. Ordered to Consent Calendar.
Is Urgency: N
Is Fiscal: N
Location: 6/28/2022-S. CONSENT CALENDAR
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law authorizes a local agency to prepare a local plan of flood protection and
prescribes that a plan include, among other components, a strategy to meet the urban level of flood
protection, including planning for residual flood risk and system resiliency. This bill would require this
strategy, if a plan is prepared by a local agency, to also include planning for climate change and
rainwater and stormwater management. The bill would require the plan to additionally include an
update on the status of coordination with water suppliers on how the management of flood waters
can bolster local water supplies.
AB 1817 (Ting D) Product safety: textile articles: perfluoroalkyl and polyfluoroalkyl substances (PFAS).
Current Text: Amended: 6/30/2022 html pdf
Introduced: 2/7/2022
Last Amend: 6/30/2022
Status: 6/30/2022-Read second time and amended. Ordered to third reading.
Is Urgency: N
Is Fiscal: N
Location: 6/30/2022-S. THIRD READING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law prohibits, beginning January 1, 2023, any person from distributing, selling, or
offering for sale in the state any food packaging that contains regulated perfluoroalkyl and
polyfluoroalkyl substances or PFAS, as defined, and requires a manufacturer to use the least toxic
alternative when replacing regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS in food
packaging to comply with this requirement. Existing law similarly prohibits, beginning July 1, 2023, a
person from selling or distributing in commerce in this state any new, not previously owned, juvenile
product, as defined, that contains regulated PFAS chemicals.This bill would prohibit, beginning January
1, 2025, any person from manufacturing, distributing, selling, or offering for sale in the state any new,
not previously owned, textile articles that contain regulated PFAS, except as specified, and requires a
manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to
comply with these provisions. The bill would require a manufacturer of a textile article to provide
persons that offer the product for sale or distribution in the state with a certificate of compliance
stating that the textile article is in compliance with these provisions and does not contain any
regulated PFAS.
AB 1845 (Calderon D) Metropolitan Water District of Southern California: alternative project delivery
methods.
Current Text: Amended: 6/16/2022 html pdf
Introduced: 2/8/2022
Last Amend: 6/16/2022
Status: 8/2/2022-Read second time. Ordered to third reading.
Is Urgency: N
Is Fiscal: Y
Location: 8/2/2022-S. THIRD READING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would authorize the Metropolitan Water District of Southern California to use the design-
build procurement process for certain regional recycled water projects or other water infrastructure
projects. The bill would define “design-build” to mean a project delivery process in which both the
design and construction of a project are procured from a single entity. The bill would require the district
to use a specified design-build procedure to assign contracts for the design and construction of a
project, as defined.
AB 1931 (Rivas, Luz D) Community water systems: lead service lines.
Current Text: Amended: 6/30/2022 html pdf
Introduced: 2/10/2022
Last Amend: 6/30/2022
Page 2/13
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
Status: 8/2/2022-In committee: Referred to suspense file.
Is Urgency: N
Is Fiscal: Y
Location: 8/2/2022-S. APPR. SUSPENSE FILE
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law prohibits a person from using any pipe, pipe or plumbing fitting or fixture,
solder, or flux that is not lead free in the installation or repair of any public water system or any
plumbing in a facility providing water for human consumption, except when necessary for the repair of
leaded joints of cast iron pipes.This bill would require, until January 1, 2025, or as specified, the State
Water Resources Control Board to provide certain federal funds received by the board to community
water systems to fund, among other things, the removal or replacement of lead service lines or lead
fittings that are owned by a community water system, and the removal or replacement of lead service
lines, and galvanized lines downstream of lead service lines or lead components, that are not owned
by the community water system, as specified. The bill would also require a community water system to
take specified actions when replacing an unknown material user service line or a user service line
containing lead.This bill contains other existing laws.
AB 1985 (Rivas, Robert D) Organic waste: recovered organic waste product procurement targets.
Current Text: Amended: 8/1/2022 html pdf
Introduced: 2/10/2022
Last Amend: 8/1/2022
Status: 8/1/2022-From committee chair, with author's amendments: Amend, and re-refer to committee.
Read second time, amended, and re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 6/29/2022-S. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law requires, no later than January 1, 2018, the State Air Resources Board to
approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a
reduction in statewide emissions of methane by 40%, hydrofluorocarbon gases by 40%, and
anthropogenic black carbon by 50% below 2013 levels by 2030. Current law requires the methane
emissions reduction goals to include a 50% reduction in the level of the statewide disposal of organic
waste from the 2014 level by 2020 and a 75% reduction by 2025. Current law requires the
Department of Resources Recycling and Recovery, in consultation with the state board, to adopt
regulations to achieve these organic waste reduction goals that include, among other things,
requirements intended to meet the goal that not less than 20% of edible food that is currently
disposed of be recovered for human consumption by 2025 and that may include penalties to be
imposed by the department for noncompliance, as provided. The department‘s regulations provide for,
among other things, the calculation by the department of recovered organic waste product
procurement targets for each local jurisdiction. This bill would require any penalties imposed by the
department on a local jurisdiction that fails to meet its recovered organic waste procurement target to
be imposed pursuant to a specified schedule based on the percentage of the local jurisdiction’s
recovered organic waste product procurement target achieved. The bill would exempt jurisdictions in
possession of a specified rural exemption from these requirements until December 31, 2026.
AB 2026 (Friedman D) Recycling: plastic packaging.
Current Text: Amended: 6/23/2022 html pdf
Introduced: 2/14/2022
Last Amend: 6/23/2022
Status: 8/2/2022-In committee: Referred to suspense file.
Is Urgency: N
Is Fiscal: Y
Location: 8/2/2022-S. APPR. SUSPENSE FILE
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would require an e-commerce shipper, as defined, that ships purchased products in or into
the state to reduce from its 2023 calendar year levels the total weight and number of units of single-
use plastic shipping envelopes, cushioning, and void fill, and expanded and extruded polystyrene, it
uses to ship or transport the products, by no less than unspecified percentages on or before January
1, 2030. The bill would establish exemptions from these prohibitions.
AB 2142 (Gabriel D) Income taxes: exclusion: turf replacement water conservation program.
Current Text: Amended: 4/6/2022 html pdf
Introduced: 2/15/2022
Page 3/13
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
Last Amend: 4/6/2022
Status: 6/27/2022-In committee: Referred to suspense file.
Is Urgency: Y
Is Fiscal: Y
Location: 6/27/2022-S. APPR. SUSPENSE FILE
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law provides an exclusion from gross income for any amount received as a rebate
or voucher from a local water or energy agency or supplier for the purchase or installation of a water
conservation water closet, energy efficient clothes washers, and plumbing devices, as specified. This
bill would, for taxable years beginning on or after January 1, 2022, and before January 1, 2027, under
the Personal Income Tax Law and the Corporation Tax Law, provide an exclusion from gross income for
any amount received as a rebate, voucher, or other financial incentive issued by a public water system,
as defined, local government, or state agency for participation in a turf replacement water
conservation program.
AB 2201 (Bennett D) Groundwater sustainability agency: groundwater extraction permit: verification.
Current Text: Amended: 6/22/2022 html pdf
Introduced: 2/15/2022
Last Amend: 6/22/2022
Status: 6/30/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (June
29). Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 6/30/2022-S. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would prohibit a county, city, or any other water well permitting agency from approving a
permit for a new groundwater well or for an alteration to an existing well in a basin subject to the act
and classified as medium- or high-priority unless specified conditions are met, including that it obtains
a written verification, from the groundwater sustainability agency that manages the basin or area of
the basin where the well is proposed to be located, determining that, among other things, the
extraction by the proposed well is consistent with any sustainable groundwater management program
established in any applicable groundwater sustainability plan adopted by that groundwater
sustainability agency or an alternate plan approved or under review by the Department of Water
Resources.
AB 2247 (Bloom D) Perfluoroalkyl and polyfluoroalkyl substances (PFAS) and PFAS products and product
components: publicly accessible reporting platform.
Current Text: Amended: 5/19/2022 html pdf
Introduced: 2/16/2022
Last Amend: 5/19/2022
Status: 8/2/2022-In committee: Referred to suspense file.
Is Urgency: N
Is Fiscal: Y
Location: 8/2/2022-S. APPR. SUSPENSE FILE
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would require, as part of the hazardous waste control laws, the Department of Toxic
Substances Control to work with the Interstate Chemicals Clearinghouse to establish, on or before
January 1, 2025, a publicly accessible reporting platform to collect information about perfluoroalkyl and
polyfluoroalkyl substances (PFAS) and products or product components containing intentionally added
PFAS, as defined, being sold, offered for sale, distributed, or offered for promotional purposes in, or
imported into, the state. The bill would require, on or before July 1, 2025, and annually thereafter, a
manufacturer, as defined, of PFAS or a product or a product component containing intentionally added
PFAS that is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into,
the state to register the PFAS or the product or product component containing intentionally added
PFAS, and specified other information, on the publicly accessible reporting platform.
AB 2449 (Rubio, Blanca D) Open meetings: local agencies: teleconferences.
Current Text: Amended: 6/30/2022 html pdf
Introduced: 2/17/2022
Last Amend: 6/30/2022
Status: 8/2/2022-Read second time. Ordered to third reading.
Is Urgency: N
Page 4/13
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
Is Fiscal: N
Location: 8/2/2022-S. THIRD READING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings
of a legislative body of a local agency, as those terms are defined, be open and public and that all
persons be permitted to attend and participate. The act contains specified provisions regarding the
timelines for posting an agenda and providing for the ability of the public to observe and provide
comment. The act allows for meetings to occur via teleconferencing subject to certain requirements,
particularly that the legislative body notice each teleconference location of each member that will be
participating in the public meeting, that each teleconference location be accessible to the public, that
members of the public be allowed to address the legislative body at each teleconference location, that
the legislative body post an agenda at each teleconference location, and that at least a quorum of the
legislative body participate from locations within the boundaries of the local agency’s jurisdiction. This
bill would revise and recast those teleconferencing provisions and, until January 1, 2026, would
authorize a local agency to use teleconferencing without complying with the teleconferencing
requirements that each teleconference location be identified in the notice and agenda and that each
teleconference location be accessible to the public if at least a quorum of the members of the
legislative body participates in person from a singular physical location clearly identified on the agenda
that is open to the public and situated within the local agency’s jurisdiction. This bill contains other
related provisions and other existing laws.
AB 2647 (Levine D) Local government: open meetings.
Current Text: Amended: 8/1/2022 html pdf
Introduced: 2/18/2022
Last Amend: 8/1/2022
Status: 8/1/2022-Read second time and amended. Ordered to third reading.
Is Urgency: N
Is Fiscal: N
Location: 8/1/2022-S. THIRD READING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law makes agendas of public meetings and other writings distributed to the
members of the governing board disclosable public records, with certain exceptions. Current law
requires a local agency to make those writings distributed to the members of the governing board less
than 72 hours before a meeting available for public inspection, as specified, at a public office or
location that the agency designates. Current law also requires the local agency to list the address of
the office or location on the agenda for all meetings of the legislative body of the agency. Current law
authorizes a local agency to post the writings on the local agency’s internet website in a position and
manner that makes it clear that the writing relates to an agenda item for an upcoming meeting. This
bill would instead require a local agency to make those writings distributed to the members of the
governing board available for public inspection at a public office or location that the agency designates
and list the address of the office or location on the agenda for all meetings of the legislative body of
the agency unless the local agency meets certain requirements, including the local agency immediately
posts the writings on the local agency’s internet website in a position and manner that makes it clear
that the writing relates to an agenda item for an upcoming meeting.
AB 2771 (Friedman D) Cosmetic products: safety.
Current Text: Amended: 6/13/2022 html pdf
Introduced: 2/18/2022
Last Amend: 6/13/2022
Status: 8/1/2022-Read second time. Ordered to third reading.
Is Urgency: N
Is Fiscal: N
Location: 8/1/2022-S. THIRD READING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would prohibit, beginning January 1, 2025, a person or entity from manufacturing, selling,
delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally
added perfluoroalkyl and polyfluoroalkyl substances PFAS, as defined.
AB 2895 (Arambula D) Water: permits and licenses: temporary changes: water or water rights transfers.
Current Text: Amended: 6/23/2022 html pdf
Introduced: 2/18/2022
Last Amend: 6/23/2022
Status: 8/2/2022-Read second time. Ordered to third reading.
Page 5/13
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
Is Urgency: N
Is Fiscal: Y
Location: 8/2/2022-S. THIRD READING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law prescribes the process for a permittee or licensee to petition the State Water
Resources Control Board for a temporary change due to a transfer or exchange of water rights, and
imposes on the board related notice, decision, and hearing requirements. Under that process, a
petitioner is required to publish notice of a petition in a newspaper, as specified. Current law requires
a petition to contain specified information and requires a petitioner to provide a copy of the petition to
the Department of Fish and Wildlife, the board of supervisors of the county or counties in which the
petitioner currently stores or uses the water subject to the petition, and the board of supervisors of
the county or counties to which the water is proposed to be transferred. This bill would revise and
recast the provisions regulating temporary changes due to a transfer or exchange of water rights,
including, among other revisions, specifying that those provisions apply to a person who proposes a
temporary change for purposes of preserving or enhancing wetlands habitat, fish and wildlife
resources, or recreation. The bill would eliminate the requirement that a petitioner publish notice of a
petition in a newspaper.
SB 6 (Caballero D) Local planning: housing: commercial zones.
Current Text: Amended: 6/20/2022 html pdf
Introduced: 12/7/2020
Last Amend: 6/20/2022
Status: 6/29/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June
29). Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 6/29/2022-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive,
long-term general plan for its physical development, and the development of certain lands outside its
boundaries, that includes, among other mandatory elements, a housing element. Current law requires
that the housing element include, among other things, an inventory of land suitable and available for
residential development. If the inventory of sites does not identify adequate sites to accommodate the
need for groups of all households pursuant to specified law, existing law requires the local government
to rezone sites within specified time periods and that this rezoning accommodate 100% of the need
for housing for very low and low-income households on sites that will be zoned to permit owner-
occupied and rental multifamily residential use by right for specified developments. This bill, the
Neighborhood Homes Act, would deem a housing development project, as defined, an allowable use
on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if the
development and site meet specified requirements, including that the site is not adjacent to an
industrial use or agricultural use. The bill would require the density for a housing development under
these provisions to meet or exceed the density deemed appropriate to accommodate housing for
lower income households according to the type of local jurisdiction, including a density of at least 20
units per acre for a suburban jurisdiction. The bill would require the housing development to meet all
other local requirements, other than those that prohibit residential use, or allow residential use at a
lower density than that required by the bill.
SB 45 (Portantino D) Short-lived climate pollutants: organic waste reduction goals: local jurisdiction
assistance.
Current Text: Amended: 1/3/2022 html pdf
Introduced: 12/7/2020
Last Amend: 1/3/2022
Status: 6/29/2022-June 29 set for first hearing. Placed on suspense file.
Is Urgency: N
Is Fiscal: Y
Location: 6/29/2022-A. APPR. SUSPENSE FILE
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law requires the Department of Resources Recycling and Recovery, in consultation
with the State Air Resources Board, to adopt regulations to achieve the organic waste reduction goals
established by the state board for 2020 and 2025, as provided. Current law requires the department,
no later than July 1, 2020, and in consultation with the state board, to analyze the progress that the
waste sector, state government, and local governments have made in achieving these organic waste
reduction goals. This bill would require the department, in consultation with the state board, to provide
Page 6/13
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
assistance to local jurisdictions, including, but not limited to, any funding appropriated by the
Legislature in the annual Budget Act, for purposes of assisting local agencies to comply with these
provisions, including any regulations adopted by the department.
SB 222 (Dodd D) Water Rate Assistance Program.
Current Text: Amended: 6/23/2022 html pdf
Introduced: 1/14/2021
Last Amend: 6/23/2022
Status: 6/23/2022-Read third time and amended. Ordered to third reading.
Is Urgency: N
Is Fiscal: Y
Location: 6/21/2022-A. THIRD READING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law requires the State Water Resources Control Board, by January 1, 2018, to
develop a plan for the funding and implementation of the Low-Income Water Rate Assistance Program,
as prescribed. Current law requires the state board, by February 1, 2018, to report to the Legislature
on its findings regarding the feasibility, financial stability, and desired structure of the program,
including any recommendations for legislative action that may need to be taken. This bill would
establish the Water Rate Assistance Fund in the State Treasury to help provide water affordability
assistance, for both drinking water and wastewater services, to low-income residential ratepayers.
The bill would make moneys in the fund available upon appropriation by the Legislature to the state
board to provide, in consultation with relevant agencies, direct water bill assistance, water bill
assistance to residential ratepayers served by eligible systems, as defined, and by tribal water
systems that choose to participate and would require 80% of total funds to be directly applied to
customer assistance. The bill would authorize the state board to identify and contract with a third-
party fund administrator. The bill would impose requirements on the state board in connection with the
program, including, among others, within 270 days of the effective date, as defined, adopting
guidelines in consultation with relevant agencies and an advisory group for implementation of the
program and preparing a report to be posted on state board’s internet website identifying how the
fund has performed.
SB 230 (Portantino D) State Water Resources Control Board: Constituents of Emerging Concern in
Drinking Water Program.
Current Text: Amended: 6/22/2022 html pdf
Introduced: 1/19/2021
Last Amend: 6/22/2022
Status: 6/28/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June
28). Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 6/28/2022-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The State Water Resources Control Board’s duties include, but are not limited to,
conducting research, studies, and demonstration programs relating to the provision of a dependable
and safe supply of drinking water, enforcing the federal Safe Drinking Water Act, and adopting and
enforcing regulations. This bill would require the state board to build upon its existing work dealing
with, and work to improve its knowledge of, constituents of emerging concern (CEC) in water and, as
part of this work, to improve its knowledge of CECs in drinking water by assessing the state of
information, as specified. The bill would authorize the state board to establish, maintain, and direct a
dedicated program called the Constituents of Emerging Concern in Drinking Water Program. The bill
would authorize the state board to convene a Science Advisory Panel to review and provide
recommendations to the state board on CECs for further action, among other duties. The bill would
require the state board to provide a report to the Legislature 3 years after the panel is convened on
the work conducted by the panel.
SB 480 (Stern D) Metropolitan Water District of Southern California: rules: inappropriate conduct.
Current Text: Amended: 3/15/2021 html pdf
Introduced: 2/17/2021
Last Amend: 3/15/2021
Status: 6/13/2022-From inactive file. Ordered to third reading.
Is Urgency: N
Is Fiscal: Y
Location: 6/13/2022-A. THIRD READING
Page 7/13
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Metropolitan Water District Act provides for the creation of metropolitan water districts
and specifies the powers and purposes of a district. The act requires the Metropolitan Water District of
Southern California to establish and operate an Office of Ethics and adopt rules relating to internal
disclosure, lobbying, conflicts of interest, contracts, campaign contributions, and ethics for application
to its board members, officers, and employees. This bill would require the Metropolitan Water District of
Southern California to adopt rules relating to inappropriate conduct, as defined, by board members,
officers, and employees.
SB 559 (Hurtado D) Department of Water Resources: water conveyance systems: Water Conveyance
Restoration Fund.
Current Text: Amended: 8/30/2021 html pdf
Introduced: 2/18/2021
Last Amend: 8/30/2021
Status: 9/10/2021-Failed Deadline pursuant to Rule 61(a)(15). (Last location was INACTIVE FILE on
9/8/2021)(May be acted upon Jan 2022)
Is Urgency: N
Is Fiscal: Y
Location: 9/10/2021-A. 2 YEAR
Desk Policy Fiscal Floor Desk Policy Fiscal 2 year Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would establish the Water Conveyance Restoration Fund in the State Treasury to be
administered by the Department of Water Resources in consultation with the State Water Resources
Control Board and the Department of Fish and Wildlife. The bill would require all moneys deposited in
the fund to be expended, upon appropriation by the Legislature, in support of subsidence repair costs,
including environmental planning, permitting, design, and construction and necessary road and bridge
upgrades required to accommodate capacity improvements. The bill would require the Director of
Water Resources to apportion money appropriated from the fund, subject to specified requirements,
for the Friant-Kern Canal, Delta-Mendota Canal, San Luis Field Division of the California Aqueduct, and
San Joaquin Division of the California Aqueduct.
SB 890 (Nielsen R) Department of Water Resources: Water Storage and Conveyance Fund: water
storage and conveyance.
Current Text: Amended: 2/23/2022 html pdf
Introduced: 1/31/2022
Last Amend: 2/23/2022
Status: 3/8/2022-March 8 set for first hearing. Failed passage in committee. (Ayes 3. Noes 6.)
Is Urgency: Y
Is Fiscal: Y
Location: 2/9/2022-S. N.R. & W.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would establish the Water Storage and Conveyance Fund in the State Treasury to be
administered by the Department of Water Resources. The bill would require all moneys deposited in
the fund to be expended, upon appropriation by the Legislature, in support of subsidence repair and
reservoir storage costs, including environmental planning, permitting, design, and construction and all
necessary road and bridge upgrades required to accommodate capacity improvements. The bill would
require the department to expend from the fund, upon appropriation by the Legislature, specified
monetary amounts to complete funding for the construction of the Sites Reservoir, and to restore the
capacity of 4 specified water conveyance systems, as prescribed, with 2 of those 4 expenditures being
in the form of a grant to the Friant Water Authority and to the San Luis and Delta-Mendota Water
Authority. This bill would make these provisions inoperative on July 1, 2030, and would repeal it as of
January 1, 2031.
SB 891 (Hertzberg D) Business licenses: stormwater discharge compliance.
Current Text: Amended: 6/21/2022 html pdf
Introduced: 1/31/2022
Last Amend: 6/21/2022
Status: 6/29/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June
29). Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 6/29/2022-A. APPR.
Page 8/13
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law requires, when applying to a city or a county for an initial business license or
business license renewal, a person who conducts a business operation that is a regulated industry, as
defined, to demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES)
permit program by providing specified information, under penalty of perjury, on the application,
including, among other things, the Standard Industrial Classification Code for the business, and an
applicable identification number, as specified. Current law applies these provisions to all applications
for initial business licenses and business license renewals submitted on and after January 1, 2020.
This bill would expand the application of these provisions to instruments or permits equivalent to
business licenses and to the renewals of those equivalent instruments or permits.
SB 892 (Hurtado D) Cybersecurity preparedness: food and agriculture sector and water and wastewater
systems sector.
Current Text: Amended: 6/16/2022 html pdf
Introduced: 1/31/2022
Last Amend: 6/16/2022
Status: 6/28/2022-Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes
6. Noes 0.) (June 27). Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 6/27/2022-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law requires the California Cybersecurity Integration Center (Cal-CSIC) to provide
warnings of cyberattacks to government agencies and nongovernmental partners, coordinate
information sharing among these entities, assess risks to critical infrastructure information networks,
enable cross-sector coordination and sharing of best practices and security measures, and support
certain cybersecurity assessments, audits, and accountability programs. Existing law also requires Cal-
CSIC to develop a statewide cybersecurity strategy to improve how cyber threats are identified,
understood, and shared in order to reduce threats to California government, businesses, and
consumers, and to strengthen cyber emergency preparedness and response and expand cybersecurity
awareness and public education. This bill would require the Office of Emergency Services (Cal OES) to
develop, propose, and adopt optional reporting guidelines applicable to companies and cooperatives in
the food and agriculture industry and entities in the water and wastewater systems industry if they
identify a significant and verified cyber threat or active cyberattack. The bill would require a report of
cyberattack or cyber threat submitted pursuant to guidelines developed pursuant to these provisions
to be confidential and would prohibit disclosure as a public record. The bill would require Cal OES to
direct Cal-CSIC to prepare, and Cal OES to submit to the Legislature on or before January 1, 2024, a
strategic, multiyear outreach plan to assist the food and agriculture sector and the water and
wastewater sector in their efforts to improve cybersecurity and an evaluation of options for providing
grants or alternative forms of funding to, and potential voluntary actions that do not require funding
and that assist, those sectors in their efforts to improve cybersecurity preparedness.
SB 991 (Newman D) Public contracts: progressive design-build: local agencies.
Current Text: Amended: 6/20/2022 html pdf
Introduced: 2/14/2022
Last Amend: 6/20/2022
Status: 6/20/2022-Read second time and amended. Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 6/16/2022-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would, until January 1, 2029, authorize local agencies, defined as any city, county, city and
county, or special district authorized by law to provide for the production, storage, supply, treatment,
or distribution of any water from any source, to use the progressive design-build process for up to 15
public works projects in excess of $5,000,000 for each project, similar to the progressive design-build
process authorized for use by the Director of General Services. The bill would require a local agency
that uses the progressive design-build process to submit, no later than January 1, 2028, to the
appropriate policy and fiscal committees of the Legislature a report on the use of the progressive
design-build process containing specified information, including a description of the projects awarded
using the progressive design-build process. The bill would require the design-build entity and its
general partners or joint venture members to verify specified information under penalty of perjury. By
expanding the crime of perjury, the bill would impose a state-mandated local program.
SB 1124 (Archuleta D) Public health goal: primary drinking water standard: manganese.
Page 9/13
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
Current Text: Amended: 6/23/2022 html pdf
Introduced: 2/16/2022
Last Amend: 6/23/2022
Status: 6/28/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June
28). Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 6/28/2022-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would require, on or before July 1, 2025, the Office of Environmental Health Hazard
Assessment (OEHHA) to prepare a public health goal for manganese, as provided. The bill would
require the State Water Resources Control Board, after OEHHA publishes a public health goal for
manganese, to adopt a primary drinking water standard, as defined, for manganese and to establish
for that standard, and for the period before adoption of that standard, monitoring requirements for
manganese, as specified. The bill would require, on or before January 31, 2024, the state board to
consider establishing a notification and response level for manganese that would remain in place until
the state board adopts a primary drinking water standard for manganese. The bill would authorize the
state board, before adopting a primary drinking water standard for manganese, to continue to provide
funding for treatment, source protection, and alternative water supplies and to continue to require
community water systems to monitor manganese in their source water and within their distribution
systems, as provided.
SB 1144 (Wiener D) Water efficiency and quality assessment reports: state buildings and public school
buildings.
Current Text: Amended: 8/2/2022 html pdf
Introduced: 2/16/2022
Last Amend: 8/2/2022
Status: 8/2/2022-Read second time and amended. Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 8/1/2022-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Safe Drinking Water Act requires the State Water Resources Control Board
(state board) to administer provisions relating to the regulation of drinking water to protect public
health. In this regard, existing law prohibits a person from using any pipe, pipe or plumbing fitting or
fixture, solder, or flux that is not lead free in the installation or repair of any public water system or any
plumbing in a facility providing water for human consumption, except as provided. This bill would
require, no later than January 1, 2027, except as provided, an operating agency, as defined, to
complete a water efficiency and quality assessment report, as specified, for each covered building. The
bill would define a “covered building” to mean a building owned and occupied, or leased, maintained,
and occupied, by a state agency, or a public school building, including a charter school building, as
described. If the report identifies noncompliant plumbing fixtures and noncompliant appliances, the bill
would require the operating agency to replace those fixtures and appliances that fail to meet water
efficiency standards, as specified, at the earliest practical time, subject to available funding. If the
report determines that a building’s potable water system is contaminated with lead, the bill would
require the operating agency to fit all drinking and cooking water sources with particulate and lead
filters as soon as possible, no later than one year from receipt of the report, subject to available
funding, as specified. If a building contains lead pipe, the bill would require the operating agency to
replace the lead pipe at the earliest practical time, subject to available funding. If the report
determines that a building contains pipe of unknown material that was installed prior to 2010, the bill
would require the operating agency to either treat the pipe as lead pipe or test the pipe to determine
if it meets the definition of lead pipe.
SB 1157 (Hertzberg D) Urban water use objectives.
Current Text: Amended: 6/16/2022 html pdf
Introduced: 2/17/2022
Last Amend: 6/16/2022
Status: 6/16/2022-Read second time and amended. Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 6/14/2022-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Page 10/13
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
Summary: Current law, until January 1, 2025, establishes 55 gallons per capita daily as the standard
for indoor residential water use. Current law establishes, beginning January 1, 2025, the greater of
52.5 gallons per capita daily or a standard recommended by the Department of Water Resources and
the State Water Resources Control Board as the standard for indoor residential water use, and
beginning January 1, 2030, establishes the greater of 50 gallons per capita daily or a standard
recommended by the department and the board as the standard for indoor residential water use.
Current law requires the board, in coordination with the department, to adopt by regulation variances
recommended by the department and guidelines and methodologies pertaining to the calculation of an
urban retail water supplier’s urban water use objective recommended by the department. This bill
would eliminate the option of using the greater of 52.5 gallons per capita daily and the greater of 50
gallons per capita daily, as applicable, or a standard recommended by the department and the board
as the standard for indoor residential water use. The bill would instead require that from January 1,
2025, to January 1, 2030, the standard for indoor residential water use be 47 gallons per capita daily
and beginning January 1, 2030, the standard be 42 gallons per capita daily.
SB 1188 (Laird D) Safe Drinking Water State Revolving Fund: financial assistance.
Current Text: Amended: 3/15/2022 html pdf
Introduced: 2/17/2022
Last Amend: 3/15/2022
Status: 6/28/2022-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To
consent calendar. (Ayes 8. Noes 0.) (June 28). Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 6/28/2022-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Safe Drinking Water State Revolving Fund Law of 1997 establishes the continuously
appropriated Safe Drinking Water State Revolving Fund to provide financial assistance for the design
and construction of projects for public water systems that will enable those systems to meet safe
drinking water standards. Current law authorizes the State Water Resources Control Board, to the
extent permitted by federal law, to provide up to 100% grant funding, and principal forgiveness and
0% financing on loans, from the fund to a project for a water system that serves a severely
disadvantaged community. Current law requires the interest rate for repayable financing provided from
the fund to be 0% if the financing is for a public water system that serves a disadvantaged community
with a financial hardship or if the financing is for a public water system that provides matching funds.
This bill would delete those provisions relating to 0% financing and interest and would instead
generally authorize the board, to the extent authorized by federal law, to provide reduced or 0%
financing to further the purposes of the Safe Drinking Water State Revolving Fund Law of 1997.
SB 1205 (Allen D) Water rights: appropriation.
Current Text: Amended: 6/30/2022 html pdf
Introduced: 2/17/2022
Last Amend: 6/30/2022
Status: 6/30/2022-Read second time and amended. Re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 6/28/2022-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The State Water Resources Control Board administers a water rights program pursuant to
which the board grants permits and licenses to appropriate water. As a prerequisite to the issuance of
a permit to appropriate water, current law requires certain facts to exist, including that there is
unappropriated water available to supply the applicant. This bill would require the board to develop
and adopt regulations to govern consideration of climate change in water availability analyses used in
the board’s review of applications for water rights permits, including consideration of the effects of
climate change, as specified, upon watershed hydrology as part of the preparation of water availability
analyses. The bill would require the board to consult with the Department of Water Resources, the
Department of Fish and Wildlife, and qualified hydrologists and climate change scientists, among
others, in preparing the regulations.
SB 1254 (Hertzberg D) Drinking water: administrator: managerial and other services.
Current Text: Amended: 6/15/2022 html pdf
Introduced: 2/17/2022
Last Amend: 6/15/2022
Status: 6/21/2022-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To
consent calendar. (Ayes 10. Noes 0.) (June 21). Re-referred to Com. on APPR.
Page 11/13
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
Is Urgency: N
Is Fiscal: Y
Location: 6/21/2022-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Safe Drinking Water Act provides for the operation of public water systems
and imposes on the State Water Resources Control Board various responsibilities and duties. The act
authorizes the state board to contract with, or provide a grant to, an administrator to provide
administrative, technical, operational, legal, or managerial services, or any combination of those
services, to a designated water system to assist with the provision of an adequate supply of
affordable, safe drinking water. Current law prescribes the processes and procedures pursuant to
which the state board may identify a designated water system in need of services, order a designated
water system to accept services from an administrator, and work with the administrator of a
designated water system to develop adequate technical, managerial, and financial capacity to deliver
an adequate supply of affordable, safe drinking water so that administrator services are no longer
necessary. This bill would, among other things, revise the definition of “designated water system” and
limit the liability of an administrator when the state board appoints an administrator to a designated
water system, as prescribed.
SB 1266 (Borgeas R) Income taxes: credits: designated wildfire zones.
Current Text: Amended: 6/13/2022 html pdf
Introduced: 2/18/2022
Last Amend: 6/13/2022
Status: 6/20/2022-June 20 hearing: Heard for testimony only.
Is Urgency: Y
Is Fiscal: Y
Location: 6/2/2022-A. REV. & TAX
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Personal Income Tax Law and the Corporation Tax Law allow various credits against
the taxes imposed by those laws. Current law requires any bill authorizing a new tax expenditure to
contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve,
detailed performance indicators, and data collection requirements.This bill would allow a credit against
those taxes for each taxable year on or after January 1, 2023, and before January 1, 2028, in an
amount that is equal to 50% of the amount incurred, subject to specified limitations, by a natural
person or a small business, as defined, during the taxable year for the purchase of a backup electricity
generator or a solar battery for use in a residence or commercial property in a designated wildfire
zone, as defined. The bill would define “backup electricity generator” to mean a standby or portable
device that can generate at least 10 kilowatts, is designed and manufactured exclusively for the
purpose of generating electricity, and complies with applicable air quality standards promulgated by
the State Air Resources Board. The bill would provide that the credit is only operative for taxable years
for which an appropriation is made for its purposes in the annual Budget Act or other statute. The bill
would also include additional information required for any bill authorizing a new tax expenditure.
SB 1442 (Borgeas R) Water conservation and reclamation projects.
Current Text: Introduced: 2/18/2022 html pdf
Introduced: 2/18/2022
Status: 3/9/2022-Referred to Com. on RLS.
Is Urgency: N
Is Fiscal: N
Location: 2/18/2022-S. RLS.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law establishes the Water Conservation Projects Act of 1985 and declares the
intent of the Legislature to encourage local agencies and private enterprise to implement water
conservation and reclamation projects. This bill would make nonsubstantive changes to related
legislative findings and declarations.
SB 1459 (Caballero D) State water policy.
Current Text: Introduced: 2/18/2022 html pdf
Introduced: 2/18/2022
Status: 3/9/2022-Referred to Com. on RLS.
Is Urgency: N
Is Fiscal: N
Location: 2/18/2022-S. RLS.
Page 12/13
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Porter-Cologne Water Quality Control Act requires the State Water Resources Control
Board to formulate and adopt state policy for water quality control. This bill would make
nonsubstantive changes to that provision.
Total Measures: 35
Total Tracking Forms: 69
Page 13/13
SUPPLEMENTAL MATERIALS ITEM NO. 10.2.
SUBMITTED BY: Alison Martin
MEETING DATE: August 9, 2022