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