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Home My WebLink About2024-03-14 - Board of Directors Meeting Agenda Packet AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, March 14, 2024, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. 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/j/87829093734 Telephone: (669) 444-9171 or (669) 900-6833 Meeting ID: 878 2909 3734 2. CALL TO ORDER 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL Trudi DesRoches, President Tom Lindsey, Vice President Brett R. Barbre, Director Phil Hawkins, Director Gene Hernandez, Director 5. ADDITIONS/DELETIONS TO THE AGENDA Items may be added to the agenda upon determination by a two-thirds vote of the Board, or a unanimous vote if only three Directors are present, that there is a need to take immediate action which came to the District's attention subsequent to the agenda being posted. (GC 54954.2(b)(2)) 6. AB 2449 TELECONFERENCE REQUESTS 7. INTRODUCTIONS AND PRESENTATIONS 7.1. Elected Official Liaison Reports 7.2. Introduction of New Hires 7.3. Overview of Pure Water Southern California and Status of Diemer Plant Heli- Hydrant Project 8. 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) 9. CONSENT CALENDAR All items on the consent calendar are considered routine and may be approved by a single motion. There will be no discussion of these items unless a member of the Board, staff, or public requests separate consideration. 9.1. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,961,393.80 Page 1 of 122 9.2. Budget to Actual Statements for the Period Ended January 31, 2024 Recommendation: That the Board of Directors receive and file the Budget to Actual Reports for the Period Ended January 31, 2024. 9.3. Cash and Investment Reports for the Period Ended January 31, 2024 Recommendation: That the Board of Directors receive and file the Cash and Investment Reports for the Period Ended January 31, 2024. 9.4. Terms and Conditions with F&P Agahi Irrevocable Trust Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with F&P Agahi Irrevocable Trust for 4682 Lakeview Avenue, Job No. J-2024-08. 9.5. Ratification of Emergency Procurement for Well No. 5 Rehabilitation Project Recommendation: That the Board of Directors make a finding based on evidence presented by staff that the General Manager's expenditure for the rehabilitation of the Well No. 5 Rehabilitation project was necessary and constituted an emergency as set forth in Section 10.0 of the District's Purchasing Policy. 9.6. Notice of Exemption for Well No. 5 Rehabilitation Project Recommendation: That the Board of Directors consent to filing a Notice of Exemption (NOE) with the Orange County Clerk Recorder's office for the Well No. 5 Rehabilitation Project, Job No. J-2023-55. 9.7. Notice of Exemption for Well No. 19 Rehabilitation Project Recommendation: That the Board of Directors consent to filing a Notice of Exemption (NOE) with the Orange County Clerk Recorder's office for the Well No. 19 Rehabilitation Project, Job No. J-2023-44. 9.8. Notice of Exemption for Elk Mountain Booster Pump Station Leak Repair Project Recommendation: That the Board of Directors consent to filing a Notice of Exemption (NOE) with the Orange County Clerk Recorder's office for the Elk Mountain Booster Pump Station Leak Repair Project, Job No. J-2023-33. 9.9. Notice of Completion for Imperial Waterline Improvement Project Recommendation: That the Board of Directors authorize staff to file the Notice of Completion for the Imperial Waterline Improvement Project, Job No. J-2021- 46. 10. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board (or Committee) discussions are needed prior to formal action. 10.1. Amending Board of Directors Policies and Procedures Manual Recommendation: That the Board of Directors adopt Resolution No. 2024-XX amending Sections 4.2 (A)(3), 4.2 (G), 4.2 (I) and 4.2 (J) of the Board of Directors Policies and Procedures Manual. 10.2. Format of Interviews for General Legal Counsel Services Recommendation: That the Board of Directors consider the format and provide direction to staff. Page 2 of 122 10.3. Guidelines for Incident Notification to Board of Directors Recommendation: That the Board of Directors consider the proposed guidelines and provide direction to staff. 10.4. 2024 YLWD Infrastructure Tours Recommendation: That the Board of Directors review the draft plan and provide direction to staff. 10.5. Rescheduling Regular Board Meeting on Thursday, May 9, 2024 Due to Conflict with ACWA Spring Conference Recommendation: That the Board of Directors reschedule the Board meeting on Thursday, May 9, 2024 to Thursday, May 16, 2024 at 8:30 a.m. and consider rescheduling the Board meeting on Thursday, May 23, 2024 to Thursday, May 30, 2024 at 8:30 a.m. to allow two weeks between both meetings. 11. 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. 11.1. Travel and Expense Reimbursement Policy Comparison 12. REPORTS, INFORMATION ITEMS, AND COMMENTS 12.1. Director's Reports 12.2. General Manager's Report 12.3. General Counsel's Report 12.4. Future Agenda Items and Staff Tasks 13. COMMITTEE REPORTS 13.1. Interagency Committee with MWDOC and OCWD DesRoches / Lindsey 13.2. Joint Agency Committee with City of Yorba Linda Lindsey / DesRoches 13.3. Joint Agency Committee with City of Placentia Lindsey / Hernandez 13.4. Joint Agency Committee with City of Brea Barbre / Hernandez 13.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Hernandez / Barbre 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from March 15 - April 30, 2024 15. 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. 15.1. Liability Claims Pursuant to Subsections 54956.9(d) and (e)(3) of the CA Government Code Page 3 of 122 Claimants: Pascal & Ludwig Constructors and Mike Bubalo Construction Agency Claimed Against: Yorba Linda Water District 15.2. Public Employee Performance Evaluation Pursuant to Section 54957 of the CA Government Code Title: General Manager 16. REPORT FROM CLOSED SESSION 17. ADJOURNMENT 17.1. A special Board meeting is scheduled Tuesday, March 26, 2024 at 8:30 a.m. and the next regular Board meeting is scheduled Thursday, March 28, 2024 at 8:30 a.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Non-exempt materials related to open session agenda items that are distributed to a majority of the Board of Directors (or Committee Members) less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District’s Administrative building located at 1717 E Miraloma Ave, Placentia CA 92870 during regular business hours. When practical, these materials will also be posted on the District’s website at https://ylwd.com/. (GC 54957.5) Accommodations for the Disabled Requests for disability-related modifications or accommodations, including auxiliary aids or services, required for participation in the above-posted meeting should be directed to the Board Secretary at (714) 701-3020 at least 24 hours in advance. (GC 54954.2(a)) Page 4 of 122 ITEM NO. 7.3. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Mark Toy, General Manager SUBJECT: Overview of Pure Water Southern California and Status of Diemer Plant Heli-Hydrant Project At the request of the Board of Directors, John Bednarski, Chief Engineer for Metropolitan Water District of Southern California, has been invited to provide an overview of Pure Water Southern California and the status of the heli-hydrant construction project. ATTACHMENTS: 1. Slide Deck - Pure Water Southern California Page 5 of 122 Pure Water Southern California March 14, 2024 Yorba Linda Water District Board Meeting Page 6 of 122 Metropolitan Overview Nation’s largest wholesale water provider 5,200 square miles throughout 6 counties, 19 million people through 26 public member water agencies Imports water from Northern Sierra and the Colorado River, invests in local projects & conservation Supports $1 trillion regional economy Page 7 of 122 Water Supply Strategy Average Year Water Supply 1990 vs. 2035 Page 8 of 122 Water Sources for Southern California Page 9 of 122 Challenges to imported water supplies due to climate change 2019-22 are driest three years on record 2023 is one of the wettest years on record to date Colorado River is in long-term drought Lake Mead and Lake Powell hit historically low elevations States working together to find cuts on use Uncertainty in our water future Page 10 of 122 2023 Allocation Rose to 100% as Reservoirs Improve Lake Oroville Page 11 of 122 Page 12 of 122 Wastewater Facilities GOVERNANCE 24 special districts with one staff SERVICE AREA 78 cities & unincorporated county 824 square miles INFRASTRUCTURE 1,400 miles of sewers 11 wastewater treatment plants Ocean outfall system Collect and treat sewage from 5.6 million people Page 13 of 122 LACSD’s Reuse Legacy ~100,000 AF reused in 2020 >900 individual sites Partnerships with >30 cities/ water agencies Page 14 of 122 Montebello Forebay Oldest planned groundwater recharge project using recycled water in California •Since August 1962 2.3 Million AF of recycled water recharged •Tertiary treated Helped pave the way for all other recharge projects New WRD facilities recently implemented to provide advanced treatment up to 10,000 AFY Page 15 of 122 Groundwater Recharge: Alamitos Barrier Leo J. Vander Lans Advanced Water Treatment Facility Page 16 of 122 ① Used water (wastewater) from homes, businesses, and industries in LA County ② Cleaned at Sanitation Districts’ A.K. Warren Water Purification Facility ③ Purified at Metropolitan’s advanced water purification facility ④ Conveyed through over 60 miles of pipeline to groundwater basins, industries, or Metropolitan’s drinking water plants ⑤ A new climate- resilient source of water for Southern California How it works Page 17 of 122 Program Benefits Water Supply Benefits Economic Benefits Environmental Benefits Reduces Reliance on Imported Supplies Page 18 of 122 Full-Scale Purification Site Demo Purification Facility 110 Sepulveda Blvd. Lomita Blvd. Ma i n S t . Harvesting Water from the Warren Facility Average flow of ~250 million gallons daily Capacity of 400 million gallons daily Cleaned water flows to the ocean Largest untapped source of treated wastewater Page 19 of 122 Advanced Water Treatment Process Three-step purification process to produce highly purified water Membrane Bioreactors Reverse Osmosis Ultraviolet Light / Advanced Oxidation Page 20 of 122 Phase 1 Total: 115 MGD 90 MGD for IPR 25 MGD for DPR using existing Azusa Pipeline Program Overview –Phase 1 Page 21 of 122 Phase 2 Total: 150 MGD 90 MGD for IPR 60 MGD for DPR through new pipeline Program Overview –Phase 2 Page 22 of 122 Current Status of Groundwater Basins 19% 48% 32% 0%20%40%60%80%100% Declining Storage Below Operating Range Declining Production % of Groundwater Basins Page 23 of 122 The Main San Gabriel Basin Example Modeled key well elevations shows benefit of Pure Water Without Pure Water, water levels in the Main San Gabriel Basin are projected to be below critical storage levels and would likely result in significant loss of production. With Pure Water, water levels are projected to recover to sustainable levels. 100 150 200 250 300 1983 1993 2003 2013 2023 2033 2043 Ke y W e l l 3 0 3 0 F E l e v a t i o n ( f e e t M S L ) Historical Without Pure Water Projected With Pure Water Projected Critical Storage Level Operating Range Page 24 of 122 Unique Elements Design Build and Alternate Delivery Methods Project Labor Agreement Grant and Partnership Funding Page 25 of 122 Opportunities to accelerate this timeline Metropolitan Member Agencies Colorado River Partners Program Partners Other Key Partners Groundwater Basin Managers Page 26 of 122 Regional Recycled Water Project 2018 Cost: $3.4 billion Phase 1 $2.6 Billion Phase 1 $2.6 Billion Phase 2 $0.8 B $0 $2,000 $4,000 $6,000 $8,000 $10,000 Phase 1 Phase 1 and Phase 2 $3.4 Billion Cost ($ millions) Page 27 of 122 2023 PWSC Facility Costs (Phase 1 ) Description Cost ($M)1 Treatment Facilities $2,120 Conveyance Facilities $2,120 Recharge Facilities $180 DPR Facilities to Weymouth $140 Subtotal $4,560 Design/CM $1,370 Property/Permitting $390 Mitigation Measures/Community Benefits $70 Total $6,390 1 Costs are in 2023 dollars and include a 35% contingency and no escalation Page 28 of 122 PWSC Full Build-Out Cost Estimate (150 mgd) 2018 Cost 2018 Cost Escalation of Costs Escalation of Costs Scope Refinement DPR DPR Property and Community Benefits Property and Community Benefits $- $2,000 $4,000 $6,000 $8,000 $10,000 Phase 1 and 2 Phase 1 $6.39 Billion $8.11 Billion •Estimates in 2023 dollars •DPR application expanded from 25 mgd to 60 mgd •Uncertainties with Phase 2 treatment process and location(s) •Phase 2 potentially expands use of Raw Water Augmentation or initiates Treated Water Augmentation Page 29 of 122 Project Status and Schedule 2021-2025 Environmental Planning 2024-2035 Design & Construction 2031-2035 Phase 1 Startup & Operations Page 30 of 122 The Grace F. Napolitano Pure Water Southern California Demonstration Plant Tests an innovative purification process Obtain regulatory approval of process Provides costs and data for full- scale facility Gain public support Page 31 of 122 Diemer Plant Heli-hydrant Project Project site Page 32 of 122 Diemer Plant Heli-hydrant Project •Key Activities –MWD subrecipient grant status approval – 1st quarter ‘24 –Tank procurement – Underway (January – August ‘24) –Site Construction – expected to commence in June ‘24 –Tank Installation – September ’24 –Testing – November ‘24 –Operational status – December ’24 –USFS Deadline – March 31, 2025 Page 33 of 122 John Bednarski Chief Engineer jbednarski@mwdh2o.com @mwdh2o mwdh2o.com/purewaterStay in touch with Pure Water Southern California Thank You Page 34 of 122 ITEM NO. 9.1. AGENDA REPORT MEETING DATE: March 14, 2024 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 $1,961,393.80. 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 February 1, 2024, through February 29, 2024, for the Board of Directors’ approval. Items within this disbursement list include: Ten Highest Expenses for Disbursement Municipal Water District 326,255.80 Water Deliveries - Dec 2023 ACWA/JPIA 166,945.53 Medical & Dental Premium - Mar 2024 Southern Calif Edison Co. 112,324.17 Electricity Charges - Jan 2024 Various Locations A & Y Asphalt Contractors Inc. 61,550.00 Paving Work at Various Locations Southern Calif Edison Co. 50,065.98 Electricity Charges - Jan 2024 Various Locations Kidman Gagen Law 36,013.30 Legal Services - Jan 2024 City of Anaheim - Anaheim Public Utilities 34,584.20 Electrical Charges Jan 2024 - Various Locations CalCard US Bank 30,613.61 Credit Card Transactions - Feb 2024 Law Offices of Steven Zakharyayev, PLLC 29,973.88 Redirection of Pmt Per Indemnification Agt United Water Works, Inc. 29,534.29 Operations Work Material Page 35 of 122 $ 877,860.76 Other Routine Invoices $ 307,662.18 Accts Payable Check Total $ 1,185,522.94 Payroll No. 03 Payroll No. 04 $ 381,156.72 394,714.14 Total Disbursements $ 1,961,393.80 A summary of the disbursements is attached. ATTACHMENTS: 1. Cap Sheet for March 14, 2024 2. Check Register for February 15, 2024 3. Check Register for February 29, 2024 4. Credit Card Register for February 29, 2024 5. BOD Credit Card Register for February 29, 2024 Page 36 of 122 CHECK NUMBERS: 2/15/2024 Computer Checks 83655-83721 470,429.54$ 2/29/2024 Computer Checks 83730-83783 173,581.36 644,010.90$ WIRES: W020824 Southern Calif Edison Co. 112,324.17$ W021324 Southern Calif Gas Co. 22,179.21 W021424 Switch Ltd 713.00 W021524 Municipal Water District 326,255.80 W022324 Law Offices of Steven Zakharyayev, PLLC 29,973.88 W022824 Southern Calif Edison Co. 50,065.98 541,512.04$ 1,185,522.94$ PAYROLL NO. 03: Direct Deposits 233,529.79$ Payroll Taxes 61,920.93 EFT -- CalPERS 59,571.05 Third Party Checks 83651-83654 26,134.95 381,156.72$ PAYROLL NO. 04: Direct Deposits 240,265.31$ Payroll Taxes 64,589.21 EFT -- CalPERS 59,794.47 Third Party Checks 83722-83729 30,065.15 394,714.14$ 775,870.86$ 1,961,393.80$ Summary of Disbursements March 14, 2024 ------------------------------------------------------------------------------------------------------------------ TOTAL OF CHECKS & WIRES TOTAL OF PAYROLL ================================================================ MEETING OF MARCH 14, 2024 APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD ================================================================ DISBURSEMENT TOTAL Page 37 of 122 Check No.Date Vendor Name Amount Description 83655 02/15/2024 HARVEST REALTY DEVELOPMENT 840.33 CUSTOMER REFUND 83656 02/15/2024 TROJAN CAPITAL INVEST LLC 603.52 CUSTOMER REFUND 83657 02/15/2024 MONBRI LLC 442.64 CUSTOMER REFUND 83658 02/15/2024 TERRENO FEE ANA LLC 306.70 CUSTOMER REFUND 83659 02/15/2024 KIM HERRERA 111.41 CUSTOMER REFUND 83660 02/15/2024 ALL AMERICAN ASPHALT 1,839.44 CUSTOMER REFUND 83661 02/15/2024 TRUE CRAFT RESIDENTIAL INC 706.24 CUSTOMER REFUND 83662 02/15/2024 ACWA/JPIA 166,945.53 MEDICAL & DENTAL PREMIUM MARCH 2024 83663 02/15/2024 Alternative Hose Inc.987.24 PARTS FOR NEW UNIT #248 83664 02/15/2024 Amazon Capital Services 298.70 PARTS FOR UNIT #E-29 83665 02/15/2024 America's Instant Signs 2,755.04 EMPLOYEE OF THE QUARTER & BOARD OF DIRECTOR LOBBY SIGNS 83666 02/15/2024 Aqua-Metric Sales Co.1,447.18 3" METER FOR REPAIR 83667 02/15/2024 Aramark 648.31 UNIFORM SERVICE 83668 02/15/2024 A & Y Asphalt Contractors Inc.61,550.00 PAVING WORK AT VARIOUS LOCATIONS 83669 02/15/2024 Base Hill Inc.6,142.58 JANITORIAL SERVICES 83670 02/15/2024 B.L. Wallace Distributor, Inc.187.78 METER LIDS 83671 02/15/2024 CertaPro Painters of Orange County 13,800.00 J20-20 HIDDEN HILLS PAINTING 83672 02/15/2024 City Of Placentia 7,088.03 SEWER COLLECTIONS - JANUARY 2024 83673 02/15/2024 Clinical Lab. Of San Bern.1,940.00 WATER QUALITY LAB WORK 83674 02/15/2024 Cogsdale Services Corporation 675.00 GP PROJECT MODULE TRAINING 83675 02/15/2024 Culligan of Santa Ana 2,282.33 EQUIPMENT PE SOFTENER 83676 02/15/2024 Dell Financial Services LLC 8,695.50 OFFICE 365 SUPPORT & ACROBAT LICENSE 83677 02/15/2024 Diversified Communications Services, Inc.650.00 RICHFIELD SECURITY CAMERA SERVICE 83678 02/15/2024 E. H. Wachs Company 1,701.95 PARTS FOR UNIT #195 & 229 83679 02/15/2024 Elite Equipment Inc 1,821.39 TRENCH DIGGER REPAIR 83680 02/15/2024 Energy Environmental Soln, Inc 2,850.00 ICE TESTING FOR LAKEVIEW 83681 02/15/2024 Enthalpy Analytical, Inc.13,321.00 WATER QUALITY TESTING 83682 02/15/2024 Factory Motor Parts 387.77 MECHANIC SHOP SUPPLIES 83683 02/15/2024 Fairway Ford Sales, Inc.17.84 PARTS FOR UNIT #226 83684 02/15/2024 GEO Construction 2,100.00 LANDSCAPE SERVICE FOR SANTIAGO RESERVOIR & HIDDEN HILLS 83685 02/15/2024 Grainger 452.59 PRODUCTION REPAIR PARTS 83686 02/15/2024 Haaker Equipment Co.1,069.66 PARTS FOR VARIOUS UNITS 83687 02/15/2024 Harrington Industrial 116.12 CL2 SYSTEM PARTS 83688 02/15/2024 Hedrick Fire Protection 1,450.00 ANNUAL FIRE SPRINKLER SYSTEM INSPECTION 83689 02/15/2024 Hirsch Pipe 102.38 PLUMBING PARTS FOR REPAIRS 83690 02/15/2024 Infosend Inc.5,476.22 BILLING & POSTAGE CUSTOMER BILL 83691 02/15/2024 Jackson's Auto Supply - Napa 99.09 PARTS FOR UNIT #223 & WELL #7 83692 02/15/2024 John R Brundahl III 103.00 CERTIFICATE REIMBURSEMENTS - COLLECTIONS 2 83693 02/15/2024 Kidman Gagen Law 36,013.30 LEGAL SERVICES - JANUARY 2024 83694 02/15/2024 Leighton Consulting, Inc.2,899.99 J23-37 TIMBER RIDGE PROFESSIONAL SERVICES DECEMBER 2023 83695 02/15/2024 Lorbel, Inc 4,244.62 ANNUAL ULTRA SERVICE CONTRACT - SERVER MAINTENANCE 83696 02/15/2024 Matt Ostiz 207.00 CERTIFICATE REIMBURSEMENT - COLLECTIONS 2 83697 02/15/2024 Mc Fadden-Dale Hardware 189.31 PARTS FOR WELL #18, HYDRANT & SEWER REPAIR PARTS 83698 02/15/2024 Mc Master-Carr Supply Co.208.86 ADJUSTMENT VALVES FOR CL2 SYSTEM 83699 02/15/2024 Minuteman Press 193.95 BUSINESS CARDS FOR STAFF 83700 02/15/2024 NatPay Online Business Solutions 97.36 DOCULIVERY - JANUARY 2024 83701 02/15/2024 Nickey Kard Lock Inc 9,316.76 FUEL 1/16/24-1/31/24 83702 02/15/2024 Our First Aid Company 315.16 FIRST AID SUPPLIES 83703 02/15/2024 Linde Gas & Equipment Inc.142.45 WELDING SUPPLIES 83704 02/15/2024 Quinn Company 2,256.93 PARTS FOR WELL #7 83705 02/15/2024 Resource Computer Solutions 19,158.75 IT CONSULTATION 1/15/24-2/14/24 & CAMERA CONFIGURATIONS 83706 02/15/2024 Rootx 4,003.38 FOG CLEANER FOR SEWER LINE 83707 02/15/2024 Ruben Maldonado 277.30 SAFETY BOOT REIMBURSEMENT 83708 02/15/2024 Schorr Metals, Inc.568.08 J18-27 HIDDEN HILLS BOOSTER PUMP STATION MATERIALS 83709 02/15/2024 Security Solutions 4,002.37 ONSITE SECURTY SERVICE FOR VARIOUS LOCATIONS 83710 02/15/2024 Selman Chevrolet Company 434.60 PARTS FOR UNIT #208 83711 02/15/2024 Shred Confidential, Inc.91.13 MONTHLY SHRED SERVICE 83712 02/15/2024 South Coast AQMD 19,768.51 ANNUAL EMISSIONS REPORT 83713 02/15/2024 Source 1 Environmental 16,149.37 SEWER PIPELINE REPAIR MATERIALS 83714 02/15/2024 Rachel Padilla/Petty Cash 162.90 EMERGENCY SERVICE MEAL & EVENT SUPPLIES REIMBURSEMENT 83715 02/15/2024 Staples Business Advantage 41.85 OFFICE SUPPLIES 83716 02/15/2024 Titan Water Technology Inc 295.00 QUARTERLY AC SERVICE 83717 02/15/2024 Underground Service Alert 463.43 NEW TICKET CHARGES & CA STATE FEE 83718 02/15/2024 USA Blue Book 131.54 HYDRANT SERVICE COVERS 83719 02/15/2024 United Water Works, Inc.29,534.29 OPERATIONS WORK MATERIAL For Checks Dated: 2/1/2024 thru 2/15/2024 Yorba Linda Water District Check Register Page 38 of 122 83720 02/15/2024 Web Cam Pro Shop 2,047.50 OCULARIS SOFTWARE RENEWAL 83721 02/15/2024 YO Fire 5,201.34 OPERATIONS WORK MATERIAL W020824 02/08/2024 Southern Calif Edison Co.112,324.17 ELECTRICITY CHARGES - JANUARY 2024 VARIOUS LOCATIONS W021324 02/13/2024 Southern Calif Gas Co.22,179.21 GAS CHARGES - JANUARY 2024 VARIOUS LOCATIONS W021424 02/14/2024 Switch Ltd 713.00 DATA HOSTING CO-LOCATION W021524 02/15/2024 Municipal Water District 326,255.80 WATER DELIVERIES - DECEMBER 2023 931,901.72 02/01/2024 PAYROLL - EMPLOYEE DIRECT DEPOSIT 233,529.79 02/01/2024 PAYROLL - PAYROLL TAX PAYMENT 61,920.93 02/01/2024 PAYROLL - CALPERS & TASC 59,571.05 83651 02/01/2024 California State Disbursement Unit 665.88 83652 02/01/2024 Colonial Life 88.21 83653 02/01/2024 Lincoln Financial Group 2,275.88 83654 02/01/2024 Nationwide Retirement Solutions 23,104.98 381,156.72 Payroll Checks #03 Page 39 of 122 Check No.Date Vendor Name Amount Description 83730 02/29/2024 NINA WALLACE 957.44 CUSTOMER REFUND 83731 02/29/2024 MICHAEL LIU 1,400.00 CUSTOMER REFUND 83732 02/29/2024 GE QU 244.32 CUSTOMER REFUND 83733 02/29/2024 KARL MAJICK 53.84 CUSTOMER REFUND 83734 02/29/2024 REMBRANTS 90.86 CUSTOMER REFUND 83735 02/29/2024 TERRENO FEE ANA LLC 224.93 CUSTOMER REFUND 83736 02/29/2024 AGB-American Geophysical Brokerage 4,999.00 EARTHQUAKE SYSTEM INSPECTION FOR RESERVOIR SITES 83737 02/29/2024 AIRGAS INC 233.62 WELDING SUPPLIES 83738 02/29/2024 Alternative Hose Inc. 1,373.56 PARTS FOR WELL #7 ENGINE 83739 02/29/2024 Amazon Capital Services 773.02 IT COMPUTER SUPPLIES 83740 02/29/2024 Aramark 676.48 UNIFORM SERVICE 83741 02/29/2024 BrightView Tree Care Services Inc. 2,640.93 MONTHLY LANDSCAPE SERVICE 83742 02/29/2024 CalCard US Bank 30,613.61 CREDIT CARD TRANSACTIONS - FEBRUARY 2024 83743 02/29/2024 CertaPro Painters of Orange County 19,000.00 J18-27 HIDDEN HILLS PAINTING 83744 02/29/2024 City Of Anaheim - Anaheim Public Utilities 34,584.20 ELECTRICAL CHARGES JANUARY 2024 - VARIOUS LOCATIONS 83745 02/29/2024 Dell Financial Services LLC 5,236.48 SERVER SUPPORT SERVICE CONTRACT 83746 02/29/2024 Discount Tire Centers (Andonian Enterprises Inc.) 2,501.96 TIRES FOR UNIT #208, 222, & 234 83747 02/29/2024 Factory Motor Parts 405.64 PARTS FOR UNIT #228 83748 02/29/2024 Fairway Ford Sales, Inc. 402.33 REPAIR OF UNIT #198 83749 02/29/2024 FedEx Office 34.83 SHIPPING EXPENSE 83750 02/29/2024 Flor Aguilera 10.00 YLWD LOGO EMBROIDERY FOR APPAREL 83751 02/29/2024 GCI Construction Inc. 9,414.93 J20-63S MAIN STREET SEWER REPLACEMENT SERVICE 83752 02/29/2024 Grainger 1,642.77 PARTS FOR UNIT #248, MECHANIC SHOP TOOLS & CLA-VAL PARTS 83753 02/29/2024 Haaker Equipment Co. 4,349.56 CAMERA PART FOR UNIT #210 & PARTS FOR UNITS #215 & 241 83754 02/29/2024 Health and Human Resource Center, Inc. 127.98 EAP - MARCH 2024 83755 02/29/2024 Infosend Inc. 3,428.48 BILLING & POSTAGE CUSTOMER BILL 83756 02/29/2024 Jackson's Auto Supply - Napa 400.38 PARTS FOR UNITS #223, 107 & WELL #7 83757 02/29/2024 KB Design 786.76 YLWD LOGO EMBROIDERY FOR STAFF SHIRTS 83758 02/29/2024 Kenny Graff 90.00 CERTIFICATE REIMBURSEMENT - DISTRIBUTION 3 83759 02/29/2024 Konica Minolta Business 104.88 COPIER AGREEMENT 83760 02/29/2024 MAP Communications 45.11 AFTER HOURS PHONE SERVICE 83761 02/29/2024 Mc Fadden-Dale Hardware 660.25 PARTS FOR UNIT #210 & CLA-VAL PARTS 83762 02/29/2024 Mc Master-Carr Supply Co. 156.46 PARTS FOR SEWER REPAIR 83763 02/29/2024 Measurement Control Systems, Inc 457.65 PRESSURE GAUGES 83764 02/29/2024 GovernmentJobs.com Inc. DBA NEOGOV 3,532.68 ONBOARD SOFTWARE RENEWAL 4/2024-4/2025 83765 02/29/2024 New Pig Corporation 346.23 MATS FOR MECHANIC SHOP 83766 02/29/2024 Nickey Kard Lock Inc 9,126.41 FUEL 2/1/24-2/15/24 83767 02/29/2024 County of Orange 942.19 LANDFILL FEES - SOIL DISPOSAL 83768 02/29/2024 Orkin Pest Control 490.98 PEST CONTROL 83769 02/29/2024 Phil's Arbor Care 1,000.00 LANDSCAPE SERVICES FOR VALLEY VIEW 83770 02/29/2024 Red Wing Shoes 185.32 SAFETY BOOTS FOR STAFF 83771 02/29/2024 Transene Company Inc. 127.46 CHEMICALS FOR CL2 SYSTEM 83772 02/29/2024 Southern California Water Coalition 1,000.00 ANNUAL MEMBERSHIP DUES 2024 83773 02/29/2024 Staples Business Advantage 686.62 OFFICE SUPPLIES 83774 02/29/2024 Sterling Insights, LLC 3,921.04 STRATEGIC PLANNING & FACILITATION SERVICES 83775 02/29/2024 Sunrise Medical Group 370.00 EMPLOYEE PHYSICALS 83776 02/29/2024 Tetra Tech, Inc. 1,825.00 J23-44 WELL #19 REHABILITATION SERVICES DECEMBER 2023 83777 02/29/2024 Townsend Public Affairs, Inc. 5,000.00 CONSULTING SERVICES - FEBRUARY 2024 83778 02/29/2024 United Industries 780.98 OPERATIONS PPE & CLEANING MATERIALS 83779 02/29/2024 UNUM Life Insurance Co. of America 6,425.68 LIFE,AD&D,STD&LTD - MARCH 2024 83780 02/29/2024 United Water Works, Inc. 7,369.54 OPERATIONS WORK MATERIAL 83781 02/29/2024 West Coast Batteries Inc 1,599.42 BATTERIES FOR CAMINO DE BRYANT 83782 02/29/2024 Wienhoff Drug Testing 110.00 EMPLOYEE PHYSICALS 83783 02/29/2024 YO Fire 619.55 OPERATIONS WORK MATERIAL W022324 02/23/2024 Law Offices of Steven Zakharyayev, PLLC 29,973.88 REDIRECTION OF PAYMENT PER INDEMNIFICATION AGREEMENT W022824 02/28/2024 Southern Calif Edison Co. 50,065.98 ELECTRICITY CHARGES - JANUARY 2024 VARIOUS LOCATIONS 253,621.22 02/15/2024 PAYROLL - EMPLOYEE DIRECT DEPOSIT 240,265.31 02/15/2024 PAYROLL - PAYROLL TAX PAYMENT 64,589.21 02/15/2024 PAYROLL - CALPERS & TASC 59,794.47 83722 02/15/2024 Allstate 723.77 83723 02/15/2024 Ameritas 1,575.15 83724 02/15/2024 California State Disbursement Unit 665.88 83725 02/15/2024 Colonial Life 88.21 83726 02/15/2024 Lincoln Financial Group 2,275.88 83727 02/15/2024 Midland National 200.00 83728 02/15/2024 Nationwide Retirement Solutions 24,497.25 83729 02/15/2024 Reliance 39.01 394,714.14 For Checks Dated: 2/15/2024 thru 2/29/2024 Yorba Linda Water District Check Register Payroll Checks #04 Page 40 of 122 Vendor Name Amount Description Home Depot 58.06 ENGINE CLEANER Home Depot 32.60 BLINDS FOR ADMIN OFFICE Hollinger - Metal Edge 255.22 ARCHIVAL SUPPLIES Placentia Chamber Of Commerce 80.00 PLACENTIA GALA REGISTRATION - LINDSEY, T Amazon Capital Services 60.94 OFFICE SUPPLIES Home Depot 1,644.85 ELECTRICAL SUPPLIES FOR LIGHT REPLACEMENTS ACWA-Assn Of Ca Water Agencies 825.00 ACWA DC CONFERENCE REGISTRATION - HERNANDEZ, G Verizon Wireless 4,069.84 VERIZON 11/21-12/20 Home Depot 63.22 TOOLS FOR UNIT #226 Home Depot 109.70 HIDDEN HILLS BOOSTER SUPPLIES & TOOLS Roseburrough Tool Company 85.71 CONCRETE TOOLS Orange County Water Assn.30.00 OCWA EVENT REGISTRATION - WESTON, R Orange County Water Assn.30.00 OCWA LUNCHEON REGISTRATION - HERNANDEZ, G Water Education for Latino Leaders 150.00 CONFERENCE REGISTRATION - HERNANDEZ, G Fish In a Bottle 77.12 LUNCH MEETING - 2 ATTEND Home Depot 83.45 HITCH & MOUNT FOR TOWING Home Depot 375.00 DEPOSIT FOR BOOM LIFT RENTAL Home Depot 183.44 FEES FOR BOOM LIFT RENTAL Instruments Direct, Inc.1,172.00 LEVEL SENSORS FOR SCADA Orange County Water Assn.30.00 OCWA EVENT REGISTRATION - TOMEH, A Orange County Water Assn.30.00 OCWA EVENT REGISTRATION - AFSHAR, R County of Orange 530.00 J23-51 WILLOWBROOK PRS PRE-APPLICATION FEES Smart & Final 35.95 SAFETY MEETING SUPPLIES Spectrum Enterprise 663.08 INTERNET & DISTRICT TV SERVICES Buffer, Inc 24.00 SOCIAL MEDIA ANALYTICS County of Orange 839.00 SOIL DISPOSAL FEES Home Depot 91.39 SUPPLIES FOR FACILITIES REPAIRS California Newspaper Partnership 261.59 NOTICE OF PUBLIC HEARING Kennys Donuts 19.45 SAFETY MEETING SUPPLIES Home Depot 77.36 PARTS FOR SEWER VEHICLES Utility Pro 399.95 OPERATIONS PPE Air Resources Board 1,540.00 PORTABLE EQUIPMENT REGISTRATION PROGRAM FEE Air Resources Board 44.66 PORTABLE EQUIPMENT REGISTRATION PROGRAM FEE Home Depot 207.38 SEALANT FOR WELL #19 & BATTERIES Habit Burger Grill 76.66 AZUZA WATER TOUR LUNCH - 5 ATTEND Zoom 55.99 VIRTUAL MEETING SUBSCRIPTION Smartsheet 9.00 MONTHLY SOFTWARE SUBSCRIPTION Zoom 15.99 VIRTUAL MEETING SUBSCRIPTION AWWA 121.50 WATER & WASTEWATER SYSTEMS GUIDE SET Vons 9.99 ENGINEERING MEETING SUPPLIES Amazon Capital Services 278.28 WATER EDUCATION FIELD TRIP SUPPLIES Baran Restaurant 123.93 NEW HIRE LUNCH - 4 ATTEND deRose Promos 84.83 EMPLOYEE NAMEPLATES & BADGES ONLINE Information Services, Inc.56.42 ONLINE UTILITY EXCHANGE & COLLECTION ONLINE Information Services, Inc.323.45 ONLINE UTILITY EXCHANGE & COLLECTION Home Depot 37.15 WINDOW TINT FOR FACILITIES Home Depot 235.97 SAW BLADES Republic Services #676 689.33 DISPOSAL SERVICE Amazon Capital Services 15.21 EMPLOYEE SERVICES RECOGNITION Orange County - Tax Collector 2,000.00 OC LANDBASE PARCEL LICENSE Home Depot 138.71 BLINDS FOR ADMIN BUILDING Home Depot 165.00 SOD FOR LANDSCAPE REPAIR Home Depot 41.96 SOD FOR LANDSCAPE REPAIR Amazon Capital Services 119.61 EMPLOYEE SERVICES RECOGNITION MAP Communications 471.78 AFTER HOURS PHONE SERVICE Home Depot 244.50 GRINDER & GRINDING DISCS FOR SEWER CREW Stefano's Golden Baked Hams 42.94 INTERVIEW PANEL LUNCH - 2 ATTEND Home Depot 35.99 SEALANT FOR WELL #19 Orange County Water Assn.30.00 OCWA LUNCHEON REGISTRATION - HERNANDEZ, G Zoom 149.90 VIRTUAL MEETING SUBSCRIPTION Kennys Donuts 38.40 SAFETY MEETING SUPPLIES Amazon Capital Services 66.54 OFFICE SUPPLIES LA Van Rentals 359.79 VAN RENTAL FOR DISTRICT TOUR 29-Feb-24 Cal Card Credit Card U S Bank Page 41 of 122 SARBS-CWEA 477.12 SARBS WINTER SEMINAR REGISTRATION - 7 ATTEND Home Depot 203.91 HIDDEN HILLS HARDWARE SUPPLIES B & M Lawn and Garden Inc 93.12 FENCE REPAIR PARTS Home Depot 32.60 BLINDS FOR ADMIN BUILDING Bitwarden Inc.180.00 PASSWORD PROGRAM Home Depot 30.65 PRODUCTION HARDWARE SUPPLIES Home Depot 7.18 MULCH FOR HYDRANT REPAIR Apple 0.99 OFFICE EXPENSE Cal Society-Municipal Finance Officers 135.00 MEMBERSHIP RENEWAL - LUGO, D El Farolito 70.28 INTERVIEW PANEL LUNCH - 3 ATTEND Ralphs 8.99 INTERVIEW PANEL FOOD SUPPLIES Spectrum Enterprise 210.81 INTERNET & DISTRICT TV SERVICES Home Depot 97.76 FAIRMONT FLAGPOLE MATERIAL Home Depot 348.61 DEPOSIT & FEES FOR BOOM LIFT RENTAL Costco 120.00 BUSINESS MEMBERSHIP RENEWAL Lands End 95.27 YLWD APPAREL - HERNANDEZ, G Smart & Final 14.17 SAFETY MEETING SUPPLIES Amazon Capital Services 36.02 OFFICE SUPPLIES Plaza Tower Garage 17.50 MWDOC POLICY DINNER PARKING - GONZALEZ, J Costco 443.18 BREAKROOM SUPPLIES Disneyland Hotel 25.00 CSMFO CONFERENCE PARKING - PHUONG, S Oriental Chinese Cuisine 39.69 LUNCH MEETING - 2 ATTEND Kennys Donuts 47.35 SAFETY MEETING SUPPLIES Backgrounds Online 349.35 NEW HIRE BACKGROUND CHECK SHRM 244.00 MEMBERSHIP RENEWAL - THOMPSON, L NCH Software 131.66 VIDEO EDITING SOFTWARE Disneyland Hotel 25.00 CSMFO CONFERENCE PARKING - PHUONG, S Disneyland Hotel 25.00 CSMFO CONFERENCE PARKING - PHUONG, S AIIM International 160.00 MEMBERSHIP RENEWAL - ARAMBARRI, T Adobe 54.99 SOFTWARE LICENSE Amazon Capital Services 38.28 OFFICE SUPPLIES Arco/AMPM 42.96 DRINKS FOR STAFF WORKING OT Fantasy Burger 97.73 FOOD FOR STAFF WORKING OT Amazon Capital Services 158.04 OFFICE SUPPLIES ACWA-Assn Of Ca Water Agencies 840.00 SPRING CONFERENCE REGISTRATION - TOY, M California Department of Tax 413.00 LEAD POISONING PREVENTION PERMIT FEE California Department of Tax 9.50 LEAD POISONING PREVENTION PERMIT FEE Costco 316.73 BREAKROOM & FACILITIES SUPPLIES Home Depot 197.06 CLEANING SUPPLIES FOR SEWER VEHICLES Southwest Airlines 321.96 FLIGHT - ACWA SPRING CONFERENCE - TOY, M SSL Guru 311.99 SECURITY CERTIFICATES Orange County Water Assn.30.00 OCWA MEETING REGISTRATION - WESTON, R Costco 689.75 DISTRICT SPONSORED EVENT SUPPLIES Sprouts 20.06 DISTRICT SPONSORED EVENT SUPPLIES Stater Bros. Markets 120.87 DISTRICT SPONSORED EVENT SUPPLIES Americoat Powder Coating 622.50 POWDER COATING - UNITS #247 & 248 City Of Placentia 486.00 ENCROACHMENT PERMIT ACWA-Assn Of Ca Water Agencies 840.00 SPRING CONFERENCE REGISTRATION - HERNANDEZ, G Office Depot Credit Plan 105.01 OFFICE SUPPLIES Office Depot Credit Plan 42.98 OFFICE SUPPLIES Zoom 15.99 VIRTUAL MEETING SUBSCRIPTION Ralphs 57.53 BUDGET WORKSHOP SUPPLIES Walgreens Pharmacy 4.88 EMPLOYEE OF THE QUARTER PHOTO PRINTS Stater Bros. Markets 12.04 BUDGET WORKSHOP SUPPLIES US Postal Service (USPS)8.09 POSTAGE - CERTIFIED MAIL US Postal Service (USPS)0.68 POSTAGE FOR CORRESPONDENCE Home Depot 247.88 PARTS FOR UNIT #210 Panera 331.00 LUNCH FOR BUDGET WORKSHOP Constant Contact 215.65 SOCIAL MEDIA ENGAGEMENT PLATFORM GSE 76 17.13 DRINKS FOR STAFF WORKING OT Alea Cafe 54.34 FOOD FOR STAFF WORKING OT 30,613.61 Page 42 of 122 Row Labels Vendor Name Document Amount Description Gene Hernandez Orange County Water Assn.30.00 OCWA LUNCHEON REGISTRATION - HERNANDEZ, G ACWA-Assn Of Ca Water Agencies 825.00 ACWA DC CONFERENCE REGISTRATION - HERNANDEZ, G ACWA-Assn Of Ca Water Agencies 840.00 SPRING CONFERENCE REGISTRATION - HERNANDEZ, G Lands End 95.27 YLWD APPAREL - HERNANDEZ, G Water Education for Latino Leaders 150.00 CONFERENCE REGISTRATION - HERNANDEZ, G Tom Lindsey Placentia Chamber Of Commerce 80.00 PLACENTIA GALA REGISTRATION - LINDSEY, T Oriental Chinese Cuisine 39.69 LUNCH MEETING - 2 ATTEND Grand Total 2,059.96 29-Feb-24 Cal Card Credit Card Board of Directors Page 43 of 122 ITEM NO. 9.2. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Delia Lugo, Finance Manager Sophia Phuong, Accounting Supervisor SUBJECT: Budget to Actual Statements for the Period Ended January 31, 2024 RECOMMENDATION: That the Board of Directors receive and file the Budget to Actual Reports for the Period Ended January 31, 2024. SUMMARY: Presented are the Budget to Actual Reports for the Month Ended January 31, 2024 for the District. For the month ended January 31, 2024, staff is presenting Budget to Actual Reports for the District as a whole, as well as the individual water and sewer funds. Cumulative Volumetric Water Revenue, as generated by customer water usage through the month ending January 31, 2024, reflects an average increase of approximately 18% as compared to the prior year through the same reporting period. Total Variable Costs results, as reported through the month ending January 31, 2024, reflect an approximate 12% increase when compared to prior year results for the same reporting period. Use of groundwater accounts for approximately 85% of demand on the water system through this reporting month. STRATEGIC PLAN INITIATIVES: G2 3B – Regularly assess net position and steps to meet strategic goals. ATTACHMENTS: 1. Budget to Actual Statements Through January 31, 2024 Page 44 of 122 Summary Financial Report Water & Sewer Funds Annual YTD Jan YTD YTD Actual Prior Year Prior Year YTD Actual YTD Actual Budget Budget Actual Actual (Under) Over Jan Actual Actual (thru vs vs FY24 FY24 FY24 FY24 YTD Budget FY23 Jan 2023) PY Actual $ PY Actual % Revenue (Operating): Water Revenue (Residential) 19,683,344$ $12,006,840 1,136,614$ 10,835,874$ (1,170,966)$ 842,351$ 8,974,586$ 1,861,288$ 20.74% Water Revenue (Commercial & Fire Det.) 2,016,621 $1,230,139 131,872 1,196,087 (34,052) 102,101 1,020,468 175,619 17.21% Water Revenue (Landscape/Irrigation) 4,769,326 $2,909,289 174,560 2,776,787 (132,502) 91,434 2,389,159 387,628 16.22% Water Revenue (Service Charge) 16,076,351 9,377,871 1,342,746 9,287,799 (90,072) 1,229,105 8,491,750 796,049 9.37% Property Taxes - CFC Charges 3,597,389 1,942,590 46,776 2,209,729 267,139 78,227 1,639,567 570,162 34.78% Sewer Charge Revenue 3,582,947 2,090,052 296,499 2,070,990 (19,062) 256,265 1,794,470 276,520 15.41% Locke Ranch Assessments 410,497 221,668 6,132 239,030 17,362 7,399 210,954 28,076 13.31% Other Operating Revenue 1,327,217 774,210 122,341 783,835 9,625 85,797 910,433 (126,598) -13.91% Total Operating Revenue:51,463,692 30,552,660 3,257,540 29,400,131 (1,152,529) 2,692,679 25,431,387 3,968,744 15.61% Revenue (Non-Operating): Interest 948,000 553,000 285,196 1,145,806 592,806 231,015 499,753 646,053 129.27% Property Tax 2,402,796 1,297,510 150,231 1,370,613 73,103 126,791 1,314,230 56,383 4.29% Other Non-Operating Revenue 735,458 429,017 112,164 669,369 240,352 157,840 1,058,031 (388,662) -36.73% Total Non-Operating Revenue: 4,086,254 2,279,527 547,591 3,185,788 906,261 515,646 2,872,014 313,774 10.93% Total Revenue 55,549,946 32,832,187 3,805,131 32,585,919 (246,268) 3,208,325 28,303,401 4,282,518 15.13% Expenses (Operating): Variable Water Costs (G.W., Import & Powe 19,891,169 12,133,613 932,001 11,242,628 (890,985) 1,430,663 10,025,382 1,217,246 12.14% Salary Related Expenses 14,376,672 7,741,285 990,586 6,743,107 (998,178) 910,609 6,459,195 283,912 4.40% Supplies & Services 10,489,766 6,119,030 629,456 4,060,587 (2,058,443) 663,140 4,401,031 (340,444) -7.74% Total Operating Expenses 44,757,607 25,993,928 2,552,043 22,046,322 (3,947,606) 3,004,412 20,885,608 1,160,714 5.56% Expenses (Non-Operating): Interest on Long Term Debt 2,604,419 1,519,244 182,523 1,295,523 (223,721) 192,344 1,271,388 24,135 1.90% Other Expense 18,625 10,865 - 19,515 8,650 (51,431) 391,746 (372,231) -95.02% Total Non-Operating Expenses: 2,623,044 1,530,109 182,523 1,315,038 (215,071) 140,913 1,663,134 (348,096) -20.93% Total Expenses 47,380,651 27,524,037 2,734,566 23,361,361 (4,162,677) 3,145,325 22,548,742 812,618 3.60% Net Position Before Capital Contributions 8,169,295 5,308,150 1,070,565 9,224,558 3,916,409 63,000 5,754,659 3,469,899 60.30% Capital Contributions (Non-Cash - - - 445,291 445,291 121,643 793,920 (348,629) -43.91% Transaction GASB 34 Compliant) Net Position Before Depreciation 8,169,295 5,308,150 1,070,565 9,669,849 4,361,700 184,643 6,548,579 3,121,270 47.66% Depreciation & Amortization 9,379,000 5,471,083 757,047 5,312,092 (158,991) 762,460 5,225,830 86,262 1.65% Total Net Position (1,209,705)$ (162,934)$ 313,518$ 4,357,757$ 4,520,692$ (577,817)$ 1,322,749$ 3,035,008$ 229.45% (With January 31, 2023 for comparison purposes) Yorba Linda Water District For Period Ending January 31, 2024 Page 45 of 122 Annual YTD Jan YTD YTD Actual Prior Year Prior YTD YTD Actual YTD - CUR Budget Budget Actual Actual (Under)Over Actual Dec Actual (thru vs vs FY24 FY24 FY24 FY24 YTD Budget FY23 Jan 2023) PY Actual $ PY Actual % Revenue (Operating): Water Revenue (Residential) 19,683,344$ $12,006,840 1,136,614$ 10,835,874$ (1,170,966)$ 842,351$ 8,974,586$ 1,861,288$ 21% Water Revenue (Commercial & Fire Det.) 2,016,621 $1,230,139 131,872 1,196,087 (34,052) 102,101 1,020,468 175,619 17% Water Revenue (Landscape/Irrigation) 4,769,326 $2,909,289 174,560 2,776,787 (132,502) 91,434 2,389,159 387,628 16% Water Revenue (Service Charge) 16,076,351 9,377,871 1,342,746 9,287,799 (90,072) 1,229,105 8,491,750 796,049 9% Water Revenue (CFC) 3,597,389 1,942,590 46,776 2,209,729 267,139 78,227 1,639,567 570,162 35% Other Operating Revenue 1,252,987 730,909 113,485 710,319 (20,590) 83,977 832,238 (121,919) -15% Total Operating Revenue: 47,396,018 28,197,638 2,946,053 27,016,595 (1,181,043) 2,427,195 23,347,768 3,668,827 16% Revenue (Non-Operating): Interest 780,000 455,000 220,858 902,329 447,329 196,643 401,508 500,821 125% Property Tax 2,402,796 1,297,510 150,231 1,370,613 73,103 126,791 1,314,230 56,383 4% Other Non-Operating Revenue 718,823 419,313 106,058 654,998 235,685 152,832 981,036 (326,038) -33% Total Non-Operating Revenue: 3,901,619 2,171,823 477,147 2,927,940 756,117 476,266 2,696,774 231,166 9% Total Revenue 51,297,637 30,369,461 3,423,200 29,944,535 (424,926) 2,903,461 26,044,542 3,899,993 15% Expenses (Operating): Variable Water Costs (G.W., Import & Power) 19,891,169 12,133,613 932,001 11,242,628 (890,985) 1,430,663 10,025,381 1,217,247 12% Salary Related Expenses 12,155,919 6,545,495 840,914 5,754,321 (791,174) 769,803 5,459,192 295,129 5% Supplies & Services: Communications 210,004 122,502 9,105 101,374 (21,128) 7,193 111,818 (10,444) -9% Contractual Services 634,152 369,922 39,759 334,019 (35,903) 39,631 337,672 (3,653) -1% Data Processing 463,532 270,394 14,219 205,556 (64,838) 22,510 188,242 17,314 9% Dues & Memberships 106,833 62,319 3,594 61,813 (506) 7,000 63,154 (1,341) -2% Fees & Permits 444,853 259,498 114,518 276,810 17,312 123,227 272,766 4,044 1% Board Election - - - - - - - - 0% Insurance 412,250 240,479 34,292 225,475 (15,004) 27,083 176,610 48,865 28% Materials 2,383,837 1,390,572 74,977 569,383 (821,189) 77,095 705,333 (135,950) -19% District Activities, Emp Recognition 58,223 33,963 3,087 15,974 (17,989) 5,192 22,235 (6,261) -28% Maintenance 1,467,855 856,249 153,084 549,348 (306,901) 46,976 486,514 62,834 13% Non-Capital Equipment 253,285 147,750 5,134 50,674 (97,076) 4,827 102,099 (51,425) -50% Office Expense 40,418 23,577 3,424 19,995 (3,582) 2,238 19,780 215 1% Professional Services 1,417,133 826,661 48,166 536,755 (289,906) 179,105 706,106 (169,351) -24% Training 62,396 36,398 7,787 13,642 (22,756) 3,817 20,060 (6,418) -32% Travel & Conferences 86,462 50,436 5,843 25,155 (25,281) 302 14,744 10,411 0% Uncollectible Accounts 12,750 7,438 145 3,803 (3,635) (241) 13,688 (9,885) -72% Utilities 340,000 198,333 14,685 114,024 (84,309) 15,841 180,947 (66,923) -37% Vehicle Equipment 676,400 394,567 40,199 415,832 21,265 41,734 446,680 (30,848) -7% Supplies & Services Sub-Total 9,070,383 5,291,057 572,018 3,519,632 (1,771,425) 603,530 3,868,448 (348,816) -9% Total Operating Expenses 41,117,471 23,970,165 2,344,933 20,516,581 (3,453,584) 2,803,996 19,353,021 1,163,560 6% Expenses (Non-Operating): Interest on Long Term Debt 2,604,419 1,519,244 182,523 1,295,523 (223,721) 192,344 1,271,388 24,135 2% Other Expense 12,325 7,190 - 13,543 6,353 (13,511) 388,469 (374,926) -97% Total Non-Operating Expenses: 2,616,744 1,526,434 182,523 1,309,066 (217,368) 178,833 1,659,857 (350,791) -21% Total Expenses 43,734,215 25,496,599 2,527,456 21,825,647 (3,670,952) 2,982,829 21,012,878 812,769 4% Net Position Before Capital Contributions 7,563,422 4,872,863 895,744 8,118,888 3,246,025 (79,368) 5,031,664 3,087,224 61% Capital Contributions (Non-Cash Transaction - - - - 210,235 210,235 105,343 440,556 (230,321) -52% GASB 34 Compliant) Net Position Before Depreciation 7,563,422 4,872,863 895,744 8,329,123 3,456,260 25,975 5,472,220 2,856,903 52% Depreciation & Amortization 7,690,000 4,485,833 631,388 4,434,503 (51,330) 637,460 4,337,654 96,849 2% Total Net Position (126,578)$ 387,029$ 264,356$ 3,894,620$ 3,507,591$ (611,485)$ 1,134,566$ 2,760,054$ 243% Yorba Linda Water District Water Fund For Period Ending January 31, 2024 (With January 31, 2023 for comparison purposes) Page 46 of 122 1,660,561 1,492,928 1,435,706 1,361,053 1,100,471 1,058,481 772,447 1,367,226 1,231,436 1,286,293 2,065,064 2,084,721 1,469,440 1,556,303 1,448,941 1,392,832 1,103,786 1,636,877 915,454 1,372,040 1,494,768 1,898,999 2,093,627 2,249,247 2,412,958 2,439,092 2,240,006 1,929,318 1,805,038 1,306,610 1,789,071 1,254,568 1,185,077 1,306,798 1,451,208 1,459,682 1,603,666 1,718,486 1,586,479 1,569,860 1,162,129 954,100 1,430,663 920,261 640,495 1,016,568 1,243,548 1,462,172 1,922,596 1,788,601 1,727,224 1,550,811 1,348,397 1,973,000 931,394 $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 123456789101112 5‐Year Variable Costs Analysis FY20 Var Costs FY21 Var Costs FY22 Var Costs FY23 Variable Cost Series9 Page 47 of 122 Annual YTD Jan YTD YTD Actual Prior Year Prior Year YTD Actual YTD - CUR Budget Budget Actual Actual (Under)Over Actual Dec Actual (thru vs vs FY24 FY24 FY24 FY24 YTD Budget FY23 Jan 2023) PY Actual $ PY Actual % Revenue (Operating): Sewer Charge Revenue 3,582,947$ 2,090,052$ 296,499$ 2,070,990$ (19,062)$ 256,265$ 1,794,470$ 276,520$ 15.41% Locke Ranch Assessments 410,497 221,668 6,132 239,030 17,362 7,399 210,954 28,076 13.31% Other Operating Revenue 74,230 43,301 8,858 73,518 30,217 1,819 78,195 (4,677) -5.98% Total Operating Revenue: 4,067,674 2,355,022 311,489 2,383,538 28,516 265,483 2,083,619 299,919 14.39% Revenue (Non-Operating): Interest 168,000 98,000 64,337 243,477 145,477 34,371 98,245 145,232 147.83% Other Non-Operating Revenue 16,635 9,704 6,106 14,368 4,664 5,008 76,996 (62,628) -81.34% Total Non-Operating Revenue: 184,635 107,704 70,443 257,845 150,141 39,379 175,241 82,604 47.14% Total Revenue 4,252,309 2,462,725 381,932 2,641,383 178,658 304,862 2,258,860 382,523 16.93% Expenses (Operating): Salary Related Expenses 2,220,753 1,195,790 149,672 988,786 (207,004) 140,806 1,000,005 (11,219) -1.12% Supplies & Services: Communications 30,236 17,638 1,607 13,949 (3,689) 1,269 12,133 1,816 14.97% Contractual Services 87,379 50,971 4,462 42,979 (7,992) 5,227 45,754 (2,775) -6.07% Data Processing 76,418 44,577 2,509 31,863 (12,714) 3,972 32,144 (281) -0.87% Dues & Memberships 18,792 10,962 614 10,887 (75) 1,235 11,145 (258) -2.31% Fees & Permits 54,447 31,761 3,831 28,065 (3,696) 6,286 30,291 (2,226) -7.35% Board Election - - - - - - - - 0.00% Insurance 72,750 42,438 6,052 40,701 (1,737) 4,779 31,165 9,536 30.60% Materials 84,955 49,557 9,409 41,645 (7,912) 1,238 42,913 (1,268) -2.95% District Activities, Emp Recognition 10,272 5,992 545 2,820 (3,172) 916 3,924 (1,104) -28.13% Maintenance 576,545 336,318 1,934 137,056 (199,262) 11,589 124,653 12,403 9.95% Non-Capital Equipment 74,815 43,642 398 33,425 (10,217) 3,554 49,628 (16,203) -32.65% Office Expense 7,132 4,160 600 3,521 (639) 395 3,475 46 1.32% Professional Services 152,637 89,038 16,632 76,010 (13,028) 14,920 80,428 (4,418) -5.49% Training 13,497 7,873 518 7,525 (348) 1,025 9,400 (1,875) -19.95% Travel & Conferences 18,258 10,651 1,031 7,309 (3,342) 53 2,603 4,706 180.79% Uncollectible Accounts 2,250 1,313 49 1,194 (119) (73) 3,571 (2,377) -66.56% Utilities 60,000 35,000 730 18,262 (16,738) 1,353 11,700 6,562 56.09% Vehicle Equipment 79,000 46,083 6,517 43,743 (2,340) 1,872 37,658 6,085 16.16% Supplies & Services Sub-Total 1,419,383 827,973 57,438 540,954 (287,019) 59,610 532,585 8,369 1.57% Total Operating Expenses 3,640,136 2,023,763 207,110 1,529,740 (494,023) 200,416 1,532,590 (2,850) -0.19% Expenses (Non-Operating): Other Expense 6,300 3,675 - 5,972 2,297 (37,920) 3,277 2,695 82.24% Total Non-Operating Expenses: 6,300 3,675 - 5,972 2,297 (37,920) 3,277 2,695 1 Total Expenses 3,646,436 2,027,438 207,110 1,535,712 (491,726) 162,496 1,535,867 (155) -0.01% Net Position Before Capital Contributions 605,873 435,287 174,822 1,105,671 670,384 142,366 722,993 382,678 52.93% Capital Contributions (Non-Cash Transaction - - - - 235,056 235,056 16,300 353,364 (118,308) 353,364 GASB 34 Compliant) Net Position Before Depreciation 605,873 435,287 174,822 1,340,727 905,440 158,666 1,076,357 264,370 24.56% Depreciation & Amortization 1,689,000 985,250 125,660 877,592 (107,658) 125,000 888,175 (10,583) -1.19% Total Net Position (1,083,127)$ (549,963)$ 49,162$ 463,135$ 1,013,098$ 33,666$ 188,182$ 274,953$ -146.11% Yorba Linda Water District Sewer Fund For Period Ending January 31, 2024 (With January 31, 2023 for comparison purposes) Page 48 of 122 ITEM NO. 9.3. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Delia Lugo, Finance Manager Sophia Phuong, Accounting Supervisor SUBJECT: Cash and Investment Reports for the Period Ended January 31, 2024 RECOMMENDATION: That the Board of Directors receive and file the Cash and Investment Reports for the Period Ended January 31, 2024. 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 average portfolio yield for the month ended January 31, 2024 is 5.01% The District's Total Cash and Investment balance as of January 31, 2024 resulted in an overall net decrease from that of December 31, 2023 by approximately $2.9 million. This decrease is predominantly due to a semi-annual Replenishment Assessment payment in the amount of $5,182757 to Orange County Water District for 8,305.7 acre-feet of groundwater. STRATEGIC PLAN INITIATIVES: G2 4C - Manage cash flow to maximize investment income. ATTACHMENTS: 1. Cash and Investment Reports and Graphs - January 2024 Page 49 of 122 Market %Date of Percent Value Par of Total Institution Maturity Yield Checking Account: 2,341,653$ 2,341,653$ Wells Fargo Bank 2,341,653$ 2,341,653$ 3.66% Total 0.00% Depository Account 550,127$ 550,127 US Bank Depository Account (Lennar - Cielo Vista Dev) 2.39% 550,127$ 550,127$ 0.86% 2.39% Money Market Accounts: 2,087,097$ 2,087,097$ US Bank (2017A & 2022A Revenue Bonds) 3.33% 4,570,699 4,570,699 US Bank (Money Market) 5.01% 1,287,615 1,287,615 Public Agency Retirement Svcs. (PARS) 5.87% 7,945,412$ 7,945,412$ 12.41% Total 5.62% California Asset Mgmt. Program Term Investments: 20,000,000$ 20,000,000$ CAMP (Investment Fund) 5.78% 20,000,000$ 20,000,000$ 31.24% 5.78% US Treasury Notes 568,569 570,000 US Treasury Note 2/29/2024 5.31% 750,546 755,000 US Treasury Note 3/31/2024 5.32% 786,848 800,000 US Treasury Note 7/31/2024 5.21% 785,216 800,000 US Treasury Note 8/31/2024 5.18% 796,064 800,000 US Treasury Note 9/30/2024 5.10% 796,816 800,000 US Treasury Note 10/31/2024 5.06% 807,311 810,000 US Treasury Note 11/30/2024 5.01% 806,015 810,000 US Treasury Note 12/31/2024 4.97% 810,224 815,000 US Treasury Note 1/31/2025 4.90% 809,465 810,000 US Treasury Note 2/28/2025 4.84% 803,261 810,000 US Treasury Note 3/31/2025 4.78% 768,994 785,000 US Treasury Note 4/30/2025 4.73% 9,289,329$ 9,365,000$ 14.51% Total 5.03% Pooled Investment Accounts: 11,721,767$ 11,721,767$ Local Agency Investment Fund 4.01% 12,181,962 12,181,962 CAMP (Liquidity Fund) 5.54% 23,903,729$ 23,903,729$ 37.33% 4.79% 64,030,249$ 64,105,921$ 100% Total Investments 5.01% 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. 1/31/24 Yorba Linda Water District Cash & Investment Portfolio Report January 31, 2024 ________________________________ Delia Lugo, Finance Manager Page 50 of 122 Checking Account:2,341,653$ 3.66% Money Market Accounts:7,945,412$ 12.41% US Treasury Notes:9,289,329$ 14.51% CAMP Term Investments:20,000,000$ 31.24% Pooled Investment Accounts:23,903,729$ 37.33% Depository Account 550,127$ 0.86% Total 64,030,249$ 100.00% Checking Account: 3.66% Money Market Accounts: 12.41% US Treasury Note 14.51% CAMP Term Investments: 31.24% Pooled Investment Accounts: 37.33% Depository Account 0.86% INVESTMENT BY CATEGORY BALANCES (AS OF 1‐31‐2024) Checking Account: Money Market Accounts: US Treasury Notes: CAMP Term Investments: Pooled Investment Accounts: Depository Account Page 51 of 122 Below is a chart summarizing the yields as well as terms and maturities for the month of January 2024: Average # of Month Portfolio Days to of 2024 Yield Maturity January 5.01% 1 Below are charts comparing operating fund interest for current and prior fiscal years. Actual Interest 1/31/2023 1/31/2024 Monthly - January 231,015$ 285,196$ Year-to-Date 499,752$ 1,145,806$ Budget 2022/2023 2023/2024 Interest Budget, January YTD 62,373$ 580,300$ Interest Budget, Annual 106,925$ 994,800$ Interest earned on investments is recorded in the fund that owns the investment. The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds is as follows: The table below displays the District's Cash and Investment balance of $64.03 million which is allocated between the established reserve funds, Wells Fargo Checking Account, and restricted funds held at U.S. Bank for current Bond transaction and PARS for the pension/OPEB transactions. The estimated number of Days in Cash, based on the preliminary unaudited statements, are 352 for the Un-Restricted Water Reserve and 841 for the Un-Restricted Sewer Reserve balances, as of January 31, 2024. December 2023 % Alloc January 2024 % Alloc Fund Description Balance 12/31/2023 Balance 1/31/2024 Water Operating Reserve 24,550,982$ 46.00% 20,684,946$ 42.67% Water Emergency Reserve 7,637,626 16.70% 7,638,691 15.76% Water Capital Project Reserve 6,883,705 8.59% 6,915,296 14.27% MWD Contingency Reserve - 0.00% - 0.00% Rate Stabilization Reserve 4,443,323 9.69% 4,448,439 9.18% Un-Restricted Water Reserve Balance 43,515,636$ 39,687,372$ Conservation Reserve 73,801$ 0.16% 73,801$ 0.15% Employee Liability Reserve 322,489 0.71% 322,492 0.67% Restricted Reserve Balance 396,290$ 396,293$ Sewer Operating Reserve 2,659,250$ 8.63% 2,686,879$ 5.54% Sewer Emergency Reserve 2,084,052 4.52% 2,092,600 4.32% Sewer Capital Project Reserve 3,584,537 5.00% 3,611,283 7.45% Un-Restricted Sewer Reserve Balance 8,327,839$ 8,390,763$ Total Reserve Balances 52,239,765$ 100.00% 48,474,428$ 100.00% Water Operating 1,095,888 1,702,424 Sewer Operating 461,058 639,229 1,556,946 2,341,653 Rev. Bond 2017A-Principal & Interest 880 884 Rev. Bond 2022A - Acquisition & COI 11,337,900 11,375,543 Depository Account - Lennar - Cielo Vista Dev 550,125 550,127 Public Agency Retirement Svc. -PARS (Restricted)1,287,768 1,287,615 Total Cash and Investments 66,973,384$ 64,030,249$ Cash & Investment Summary Comparison Between Current and Previous Month Wells Fargo Bank Checking US Bank Held (Restricted) YLWD Cash & Investment Summary Report Page 52 of 122 Date Description Amount 07/28/22 Beginning Balance $30,000,000 08/01/22 Requisition #1 Paydown Bank of America Revolving Line of Credit ($5,743,751) Subtotal of Bond Proceeds for YLWD CIP $24,256,249 85% Target Spenddown of Bond Proceeds for CIP by 7/28/2025 $20,617,812 09/28/22 Requistion #2 ‐ Reimburse District for eligible construction costs ($2,725,606) 10/27/22 Requistion #3 ‐ Reimburse District for eligible construction costs ($391,170) 11/29/22 Requistion #4 ‐ Reimburse District for eligible construction costs ($201,714) 01/27/23 Requistion #5 ‐ Reimburse District for eligible construction costs ($167,104) 03/28/23 Requistion #6 ‐ Reimburse District for eligible construction costs ($849,529) 04/26/23 Requistion #7 ‐ Reimburse District for eligible construction costs ($121,844) 05/22/23 Requistion #8 ‐ Reimburse District for eligible construction costs ($1,125,195) 06/26/23 Requistion #9 ‐ Reimburse District for eligible construction costs ($496,613) 07/31/23 Requistion #10 ‐ Reimburse District for eligible construction costs ($1,455,452) 09/07/23 Requistion #11 ‐ Reimburse District for eligible construction costs ($2,346,194) 09/28/23 Requistion #12 ‐ Reimburse District for eligible construction costs ($758,552) 10/26/23 Requistion #13 ‐ Reimburse District for eligible construction costs ($618,807) 11/22/23 Requistion #14 ‐ Reimburse District for eligible construction costs ($1,011,214) 12/21/23 Requistion #15 ‐ Reimburse District for eligible construction costs ($1,196,625) 01/30/24 Requistion #16 ‐ Reimburse District for eligible construction costs ($23,992) Available Balance of Target Spenddown as of January 31, 2024 $7,128,200 Yorba Linda Water District Financing Authority Revenue Bonds, Series 2022A Activity Summary as of January 31, 2024 $7,128,200 35% $13,465,619 65% Revenue Bonds, Series 2022A Use of Funds to Meet 85% Spenddown Target by July 28, 2025 Available Balance as of Reporting Date Total Spenddown to Date Page 53 of 122 Transaction Date Transaction Description Water Operating Pension Water Operating OPEB Sewer Operating Pension Sewer Operating OPEB Account Total Beginning Balance as of 7/1/23 806,297.48 309,143.73 83,510.06 18,632.96 1,217,584.23 7/31/2023 Management Fees (383.70) (147.11) (39.74) (8.87)1,217,004.81 7/31/2023 Investment Gain/(Loss) 16,775.61 6,431.96 1,737.49 387.67 1,242,337.54 8/31/2023 Management Fees (386.64) (148.24) (40.04) (8.93)1,241,753.69 8/31/2023 Investment Gain/(Loss) (13,805.83) (5,293.32) (1,429.90) (319.04)1,220,905.60 9/30/2023 Management Fees (397.30) (152.33) (41.15) (9.18)1,220,305.64 9/30/2023 Investment Gain/(Loss) (26,757.70) (10,259.21) (2,771.36) (618.35)1,179,899.02 10/31/2023 Management Fees (388.11) (148.81) (40.20) (8.97)1,179,312.93 10/31/2023 Investment Gain/(Loss) (18,548.02) (7,111.52) (1,921.06) (428.63)1,151,303.70 11/30/2023 Management Fees (382.18) (146.53) (39.58) (8.83)1,150,726.58 11/30/2023 Investment Gain/(Loss) 52,177.35 20,005.40 5,404.13 1,205.78 1,229,519.24 12/31/2023 Management Fees (386.73) (148.28) (40.05) (8.94)1,228,935.24 12/31/2023 Investment Gain/(Loss) 38,959.48 14,937.51 4,035.12 900.33 1,287,767.68 1/31/2024 Management Fees (411.25) (157.68) (42.59) (9.50)1,287,146.66 1/31/2024 Investment Gain/(Loss) 310.40 119.01 32.15 7.17 1,287,615.39 1,287,615.39 1,287,615.39 1,287,615.39 1,287,615.39 1,287,615.39 1,287,615.39 1,287,615.39 1,287,615.39 1,287,615.39 1,287,615.39 Account Balance by Account Type 852,672.86 326,924.58 88,313.28 19,704.67 1,287,615.39$ 66.22% 25.39% 6.86% 1.53% 100% Pension OPEB Total Initial Contribution as of 12/28/2017 247,599.00$ ‐ 247,599.00 Additional Contribution 6/26/19 1,105,248.00$ 587,339.00 1,692,587.00 Total Contributions 1,940,186.00 Total Distribution to CalPERS (631,392.00)$ ‐ (631,392.00) Total Distribution to YLWD (337,936.88)$ (337,936.88) Total Gain (or Loss) from Inception 247,013.47$ 111,695.64 358,709.11 Total Management Fees from Inception (27,482.33)$ (14,468.51) (41,950.84) Balance as of 1/31/2024 940,986.14$ 346,629.25$ 1,287,615.39$ PARS (Public Agency Retirement Services) Funding Summary for January 31, 2024 Page 54 of 122 ITEM NO. 9.4. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne P. Weston, Engineering Manager Yvette Hanna, Senior Engineer Adrian Ayala, Assistant Engineer II SUBJECT: Terms and Conditions with F&P Agahi Irrevocable Trust RECOMMENDATION: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with F&P Agahi Irrevocable Trust for 4682 Lakeview Avenue, Job No. J-2024-08. SUMMARY: The applicant, F&P Agahi Irrevocable Trust, proposes to develop an existing 0.39 acre lot at 4682 Lakeview Avenue, within the City of Yorba Linda. The applicant is proposing to demolish an existing Single-Family home, and construct a new single-family home with a detached Accessory Dwelling Unit (ADU). The applicant has future plans to subdivide the lot and construct an additional single- family home and ADU. The applicant will be widening a portion of Lakeview Avenue that fronts the property and will be required to relocate an existing Fire Hydrant. They are also requesting new water and sewer services for the new buildings. An exhibit depicting the project location is attached for consideration. Developer Funded Account: 1-2600 Job No.: J-2024-08 BACKGROUND: The District has an existing Zone 2, 10-inch waterline fronting the project on Lakeview Avenue that is of adequate size and sufficient pressure to serve the project. The applicant is requesting to install four new water service lines to individually serve each unit. Staff requires the applicant to abandon an existing water service line and meter that will not be used, replace and relocate an existing dry- barrel fire hydrant with a wet-barrel fire hydrant, and install two water meters for the two buildings planned at this time. When the applicant is ready to move forward with construction of the two additional units, the applicant will need to apply for permits to serve the other two additional units and pay all appropriate connection fees and meter fees. If the applicant makes the decision not to move forward with the two additional units, they will be required to remove the water service lines and abandon the connections at the water main. Page 55 of 122 The District has an existing 8-inch sewer main on Lakeview Avenue that is of sufficient size to serve the project. The applicant proposes to install approximately 140 feet of private 6-inch sewer line to serve the project. Staff requires that the applicant provide proper separation distance from the public water system and that each unit have its own separate 4-inch sewer lateral that connects to the private 6-inch sewer line. When the applicant is ready to move forward with construction of the two additional units, the applicant will apply for sewer connection permits to serve the other two additional units and pay all appropriate sewer connection fees. The Terms and Conditions for Water and Sewer Service with F&P Agahi Irrevocable Trust for 4682 Lakeview Avenue, Job No. J-2024-08 are attached for consideration. REVIEWED BY GENERAL COUNSEL: Yes ATTACHMENTS: 1. Vicinity Exhibit 2. Terms and Conditions 3. Project Exhibit Page 56 of 122 VICINITY EXHIBIT - 4682 LAKEVIEW AVENUE Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Locke Ranch Parcel Lot Line Parcel YLWD Parcel Address Street CL Alley Local Private Pseudo Arterial CL Arterial B Arterial C February 28, 2024 0 0.01 0.030.01 mi 0 0.03 0.050.01 km 1:1,286 PROJECT LOCATION Page 57 of 122 Date: YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR WATER AND SEWER SERVICE NAME OF APPLICANT: F&P Agahi Irrevocable Trust LOCATION OF PROJECT: 4682 LAKEVIEW AVENUE, YORBA LINDA, CA 92886 TRACT NUMBER: N/A JOB NUMBER: J-2024-08 SEWER: N/A LOT(S): 1 The applicant will be required to complete to the satisfaction of the District the following items that have an “X” following the number. 1) ☒ The applicant shall provide the District with a copy of the Grant Deed or Title Report of the property to be served. 2) ☒ The applicant shall include information deemed necessary by the District in the event the applicant is required to file a Department of Real Estate Tax Disclosure statement. 3) ☒ The applicant shall submit two (2) sets of the improvement plans to the District for plan check processing. a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 4) ☒ Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. 5) ☒ The applicant shall dedicate or obtain all easements deemed necessary b y the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer (licensed prior to January 1, 1982) licensed to practice in the State of California. 6) ☒ The applicant shall provide the District with a copy of the Recorded Tract/Parcel Map(s) or Easement Documents illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 7) ☒ The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. Page 58 of 122 Page 2 of 6 NAME OF APPLICANT: F&P Agahi Irrevocable Trust LOCATION OF PROJECT: 4682 LAKEVIEW AVENUE, YORBA LINDA, CA 92886 8) ☒ The applicant shall furnish the District with a 24 -hour emergency telephone number prior to the District’s approval of the construction plans. 9) ☒ The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 10) ☒ The applicant shall complete a Temporary Construction Meter Permit application for all water to be used in construction work and all water used under such permit shall be taken from the approved construction meter. 11) ☐ The applicant shall provide, per the District specifications, the "As Built" AutoCAD file (version 2018 or earlier) of the Water and/or Sewer facilities. 12) ☒ The applicant shall complete a Water Service Agreement between the Yorba Linda Water District and the applicant. 13) ☒ The applicant shall pay all of the water fees as required by the Rules and Regulations for Water Service of the District. 14) ☒ The applicant shall pay meter fees associated with the installation of radio read meters for this project. 15) ☒ The applicant shall comply with the Rules and Regulations for Water Service of the Yorba Linda Water District. 16) ☒ The applicant shall provide the District with a set of plans stamped and approved by the Orange County Fire Authority, or fire agency having jurisdiction, that identifies approved fire hydrant locations. Such approved plans must be submitted to the District before staff will initiate a District plan check for water improvements. Applicant shall also provide to the District with a copy of conditions of approval issued by the Fire Agency having jurisdiction. 17) ☒ The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan and the Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. All design plans shall be prepared under the supervision of , and stamped by, a Registered Civil Engineer licensed to practice in the State of California. 18) ☐ The applicant’s engineer shall provide a computer hydraulic analysis report to confirm that the District’s existing water system can accommodate the project. The District’s consultant will verify, using the hydraulic model. If system deficiencies are found, the applicant shall be required to provide mitigation to the satisfaction of the District. Page 59 of 122 Page 3 of 6 NAME OF APPLICANT: F&P Agahi Irrevocable Trust LOCATION OF PROJECT: 4682 LAKEVIEW AVENUE, YORBA LINDA, CA 92886 19) ☒ The applicant’s future water facilities shall be conveyed to the District as indicated on applicant’s future Water Improvement Plans approved by the District. 20) ☒ The applicant shall be required to conduct flow tests at their own expense in the event the Orange County Fire Authority requires a flow test, and provide an approved copy to the District. A District representative shall be present to witness the flow test. 21) ☒ The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 22) ☐ The applicant shall install water Sampling Station(s) in conformance with the District’s Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. 23) ☒ The applicant shall provide a completed Surety Bond for the water facilities prior to the District signing the Water Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed water facilities. 24) ☒ The applicant shall install curbs and gutters a minimum of one week prior to the installation of the water main and services. 25) ☒ All existing water services that are not useable in the new plan shall be cut and plugged at the main line per the District’s Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. 26) ☒ The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 27) ☐ The applicant shall provide a written copy of the Bacteriological Report prior to occupancy releases certifying that the water meets the Health Department's requirements. 28) ☒ The applicant shall adjust and raise to grade all valve covers within the limits of this project. 29) ☒ The applicant shall install a pressure regulator in all buildings that exceed 80 p.s.i. static water pressure in accordance with the appropriate building codes. 30) ☒ The applicant shall install a District approved backflow device in connection with any private fire suppression sprinkler facilities that may be required by the Orange County Fire Authority or fire agency having jurisdiction. Page 60 of 122 Page 4 of 6 NAME OF APPLICANT: F&P Agahi Irrevocable Trust LOCATION OF PROJECT: 4682 LAKEVIEW AVENUE, YORBA LINDA, CA 92886 31) ☒ The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape irrigation service lines. 32) ☒ The applicant shall install and provide a written test report to the District for each backflow device certifying that the backflow devices are operating properly. 33) ☐ The applicant shall install and provide a written test report to the District certifying that the double check detector assembly is operating properly prior to the double check detector assembly being turned on for service. 34) ☐ The applicant shall provide an annual written test report to the District certifying that the backflow devices and fire detector assemblies are operating properly pursuant to the District’s Backflow Prevention Program and the State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross-Connections. 35) ☒ The applicant shall install all proposed water services at a minimum five -foot horizontal separation from proposed sewer laterals. All proposed water services that cross proposed sewer laterals shall cross over the sewer lateral at a minimum one-foot vertical separation from top of the proposed sewer laterals. 36) ☒ The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 37) ☐ The applicant shall complete a Sewer Service Agreement between the Yorba Linda Water District and the applicant. 38) ☒ The applicant shall comply with the Rules and Regulations for Sewer Service of the Yorba Linda Water District. 39) ☒ The applicant shall pay all of the sewer fees as required by the Rules and Regulations for Sewer Service of the District. 40) ☒ The applicant shall have all sewer facilities designed in accordance with the District's Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 41) ☒ The applicant’s engineer shall provide sewer flow calculations to confirm that the District’s existing sewer system can accommodate the peak wastewater generation from the project. The District’s consultant will verify, using the sewer hydraulic model. If system deficiencies are found, the applicant shall be required to provide mitigation to the satisfaction of the District. Page 61 of 122 Page 5 of 6 NAME OF APPLICANT: F&P Agahi Irrevocable Trust LOCATION OF PROJECT: 4682 LAKEVIEW AVENUE, YORBA LINDA, CA 92886 42) ☐ The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 43) ☐ The applicant’s future main sewer facilities shall be conveyed to the District as indicated on applicant’s future Water and Sewer Improvement Plans approved by the District. 44) ☒ The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District’s Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. 45) ☒ All existing sewer laterals that are not useable in the new plan shall be cut and plugged at the main line per the District’s Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. 46) ☒ The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. 47) ☒ The applicant shall install a sewer backflow prevention valve on all sewer service connections in which the pad elevations of the property being served is lower than the rim elevation of the upstream manhole. Installation of the backflow device shall comply with all requirements of the Building and Plumbing Codes of the appropriate agency having jurisdiction. 48) ☐ The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector, which will include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. (END OF STANDARD TERMS AND CONDITIONS) PROJECT SPECIFIC TERMS AND CONDITIONS 49) ☒ The applicant shall abandon one existing water service line and meter. The applicant shall install four new copper water service lines and shall install two new water meters per the District’s Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. The two unused water service lines shall be locked until the applicant applies for new water connection permits and pays for connection fees & meter fees in effect at the time the applicant requests the new meters. If the applicant does not Page 62 of 122 Page 6 of 6 NAME OF APPLICANT: F&P Agahi Irrevocable Trust LOCATION OF PROJECT: 4682 LAKEVIEW AVENUE, YORBA LINDA, CA 92886 move forward with construction of the two additional units, the two unused water service lines shall be abandoned completely and capped at the water main per the District’s Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities . The applicant shall abandon an existing dry barrel fire hydrant and replace it with a new wet barrel fire hydrant relocated within the proposed sidewalk per approved plans and District specifications. 50) ☒ The applicant shall install approximately 140 feet of private 6-inch sewer line to serve the project and per approved plans and District specifications. The two currently planned units shall connect to the private 6-inch sewer line with a 4-inch private sewer lateral for each unit. The applicant shall apply for additional sewer connection permits to serve the two additional units and pay all appropriate sewer connection fees in effect at the time sewer connection is requested. I hereby certify that the foregoing Terms and Conditions were approved at the March 14, 2024 Regular Meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms and Conditions shall become void six (6) months from the approval date if a formal Water Service Agreement between Yorba Linda Water District and the applicant is not executed for the project under consideration. Richard Mark Toy General Manager Reviewed by: Rosanne P. Weston Engineering Manager Reviewed by: Yvette Hanna Senior Engineer Page 63 of 122 Page 64 of 122 ITEM NO. 9.5. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne Weston, Engineering Manager Reza Afshar, Principal Engineer SUBJECT: Ratification of Emergency Procurement for Well No. 5 Rehabilitation Project RECOMMENDATION: That the Board of Directors make a finding based on evidence presented by staff that the General Manager's expenditure for the rehabilitation of Well No. 5 Rehabilitation project was necessary and constituted an emergency as set forth in Section 10.0 of the District's Purchasing Policy. FISCAL IMPACT: Budgeted: Yes, Bond Proceeds Engineer's Const Est: $150,000 Cost Est: $200,000 Job No: J-2023-55 BACKGROUND: After completion of the PFAS treatment plant, the wells at District Headquarters have been negatively affected by changes in hydraulics. When wells down by the OCWD recharge basins are operating at the same time as wells at Headquarters, the capacities of the wells at Headquarters decrease. This District is systematically evaluating wells to identify improvements to restore capacity. The rehabilitation of Well 5 at District Headquarters is critical to ensuring water supply resiliency. Well No. 5 is currently not producing at its intended capacity due to hydraulic parameters which are not compatible with the other wells. To resolve this issue, staff utilized one of our on-call consultants, Tetra Tech, to analyze our wells when operating at the same time and provide recommendations for improvements at Well 5 to make it produce more efficiently. Tetra Tech provided its recommendations on February 9, 2024, and staff issued a Request for Quotes (RFQ) to three contractors who have a good reputation and a history of working on the District's past projects; Best Drilling and Pump, General Pump Company, and Layne (a Granite Company). The original deadline for the quotes was 2:00 PM on February 15, 2024. Since District staff did not receive any response by 1:00 PM on February 15, 2024, staff informed all three contractors that the deadline was extended to 5:00 PM on February 16, 2024. General Pump Company was the only contractor that sent a proposal to the District in response to this RFQ. Best Drilling and Pump never responded, and Layne responded and informed the staff that they were not going to submit. Page 65 of 122 The proposed amount by the General Pump Company was significantly higher than expected. District staff contacted General Pump Company and inquired about the reason for the higher-than-expected amount. General Pump Company expressed concerns about the uncertainty about the condition of the existing parts and informed District staff that their proposed amount was based on the assumption that nearly all parts needed to be replaced. Since Well No. 5 was rehabilitated in 2019 and was used infrequently due to production issues concerning the PFAS treatment plant, staff believe most of the parts are in good condition. Staff discussed three issues regarding the re-advertisement of this project with the executive team, which were (1) uncertainty of the condition of the existing parts (2) unresponsiveness of the contractors and (3) the limited time left before the peak water demand season, which makes it critical to expedite the start of this project. Pursuant to Section 7.1.2.6 of the District’s Purchasing Policy, the General Manager or Assistant General Manager and the initiating Department Manager(s) have the discretion to determine whether an expenditure meets a criterion listed in Section 7, including emergency expenditures, subject to any Board authorization. Such expenditures that meet a criterion will be presented to the Board of Directors at a publicly held meeting. Due to the criticality of the project, the General Manager met with the Executive Team to discuss how to move forward with this project. The General Manager and the Engineering Manager authorized staff to negotiate with General Pump Company on an alternative contract type that would address the contractor's concerns as well as the District's needs. On February 28, 2024, the District executed a contract on a Time and Material basis with a not-to-exceed amount of $200,000 with General Pump Company and issued a Notice to Proceed (NTP) the same day. REVIEWED BY GENERAL COUNSEL: Yes STRATEGIC PLAN INITIATIVES: G1 6B - Maintain distribution system and its capability to provide 100% groundwater and/or import water to the entire service area. Page 66 of 122 ITEM NO. 9.6. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne Weston, Engineering Manager Reza Afshar, Principal Engineer SUBJECT: Notice of Exemption for Well No. 5 Rehabilitation Project RECOMMENDATION: That the Board of Directors consent to filing a Notice of Exemption (NOE) with the Orange County Clerk Recorder's office for the Well No. 5 Rehabilitation Project, Job No. J-2023-55 BACKGROUND: Well No. 5 Rehabilitation Project includes the replacement of the existing 4 stages lineshaft vertical turbine pump. The flow rate at the time of installation was tested at 2,300 gpm at 270 feet of Total Dynamic Head (TDH). The proposed design is 5 stages, 2,200 gpm and 390 feet TDH, a 300 HP motor, and a minimum pump efficiency of 83%. Before the District can move forward with the rehabilitation of this well, the District is required to comply with CEQA requirements. CEQA requires public agencies to consider the environmental consequences of their discretionary actions. CEQA is intended to inform government decision-makers and the public about the potential environmental effects of proposed activities and to prevent significant, avoidable environmental damage. Pursuant to Section 15367 of the CEQA Statute and Guidelines, the District is the lead agency for the proposed project. The lead agency must determine whether the project is exempt from CEQA. Engineering staff have determined that this project is categorically exempt pursuant to Section 15301 of the CEQA Statute and Guidelines since it includes the rehabilitation of an existing publicly owned facility involving no expansion of use. STRATEGIC PLAN INITIATIVES: G1 6B - Maintain distribution system and its capability to provide 100% groundwater and/or import water to the entire service area; G3 2C - Evaluate and maintain sustainable operations - Energy & Water Use Efficiency Page 67 of 122 ITEM NO. 9.7. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne Weston, Engineering Manager Reza Afshar, Principal Engineer SUBJECT: Notice of Exemption for Well No. 19 Rehabilitation Project RECOMMENDATION: That the Board of Directors consent to filing a Notice of Exemption (NOE) with the Orange County Clerk Recorder's office for the Well No. 19 Rehabilitation Project, Job No. J-2023-44 BACKGROUND: Well No. 19 Rehabilitation Project includes the replacement of the existing 4 stages lineshaft vertical turbine pump. The flow rate at the time of installation was tested at 2,000 gpm at 375 feet of Total Dynamic Head (TDH). The proposed design is 4 stages, 1823 gpm at 423 feet TDH with a minimum pump efficiency of 82%. Before the District can move forward with the rehabilitation of this well, the District is required to comply with CEQA requirements. CEQA requires public agencies to consider the environmental consequences of their discretionary actions. CEQA is intended to inform government decision-makers and the public about the potential environmental effects of proposed activities and to prevent significant, avoidable environmental damage. Pursuant to Section 15367 of the CEQA Statute and Guidelines, the District is the lead agency for the proposed project. The lead agency must determine whether the project is exempt from CEQA. Engineering staff have determined that this project is categorically exempt pursuant to Section 15301 of the CEQA Statute and Guidelines since it includes the rehabilitation of an existing publicly owned facility involving no expansion of use. STRATEGIC PLAN INITIATIVES: G1 6B - Maintain distribution system and its capability to provide 100% groundwater and/or import water to the entire service area; G3 2C - Evaluate and maintain sustainable operations - Energy & Water Use Efficiency. Page 68 of 122 ITEM NO. 9.8. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne Weston, Engineering Manager Reza Afshar, Principal Engineer SUBJECT: Notice of Exemption for Elk Mountain Booster Pump Station Leak Repair Project RECOMMENDATION: That the Board of Directors consent to filing a Notice of Exemption (NOE) with the Orange County Clerk Recorder's office for the Elk Mountain Booster Pump Station Leak Repair Project, Job No. J- 2023-33. BACKGROUND: The Operations staff have detected a leak at Elk Mountain Booster Pump Station from concrete near the base at Pump No. 2. The scope of the project is to locate the leak and properly repair it before we approach the peak water demand season. Before the District can move forward with the repair work at this facility, the District is required to comply with CEQA requirements. CEQA requires public agencies to consider the environmental consequences of their discretionary actions. CEQA is intended to inform government decision-makers and the public about the potential environmental effects of proposed activities and to prevent significant, avoidable environmental damage. Pursuant to Section 15367 of the CEQA Statute and Guidelines, the District is the lead agency for the proposed project. The lead agency must determine whether the project is exempt from CEQA. Engineering staff have determined that this project is categorically exempt pursuant to Section 15301 of the CEQA Statute and Guidelines since it includes the repair of an existing publicly owned facility involving no expansion of use. STRATEGIC PLAN INITIATIVES: G1 6B - Maintain distribution system and its capability to provide 100% groundwater and/or import water to the entire service area. Page 69 of 122 ITEM NO. 9.9. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne P. Weston, Engineering Manager Ammar Tohmeh, Senior Engineer SUBJECT: Notice of Completion for Imperial Waterline Improvement Project RECOMMENDATION: That the Board of Directors authorize staff to file the Notice of Completion for the Imperial Waterline Improvement Project, Job No. J-2021-46. FISCAL IMPACT: Budgeted: Yes Funding Source: Bond Proceeds Engineering Construction Estimate: $2,656,440 Construction Award: $2,909,333.00 Total Construction Cost: $2,824,305.39 BACKGROUND: In August 2023, construction of the Imperial Waterline Improvement Project commenced. The project included the rehabilitation of 3,600 feet of 18" steel water main, 1,100 feet of 16" cast iron water main, and 900 feet of 14" cast iron water main. A trenchless lining technology was employed, whereby new polyethylene flexible pipes were installed within the existing water mains. Hydraulic modeling results confirm that the rehabilitated pipelines meet the District's existing and future water demands. The project also included the installation of 530 feet of 8" PVC C900, installation of all appurtenances, and abandonment of 718 feet of 4" cast iron waterline. All work has been completed in accordance with the contract documents and the project was completed on January 25, 2024. Staff requests authorization to file and record the Notice of Completion for this project. PRIOR RELEVANT BOARD ACTION: The construction contract was awarded to T.E. Roberts, Inc. by the Board of Directors on April 20, 2023. STRATEGIC PLAN INITIATIVES: G1 4A & G3 2A - Address infrastructure needs by updating/implementing the Asset Management Plan; G1 4B - Address infrastructure needs by updating/implementing the Capital Improvement Plan; and G1 6B - Provide a sustainable, adequate water supply by maintaining the distribution system and its capability to provide 100% groundwater and/or import water to the entire service area. Page 70 of 122 ITEM NO. 10.1. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Lori Thompson, Human Resources and Risk Manager SUBJECT: Amending Board of Directors Policies and Procedures Manual RECOMMENDATION: That the Board of Directors adopt Resolution No. 2024-XX amending Sections 4.2 (A)(3), 4.2 (G), 4.2 (I) and 4.2 (J) of the Board of Directors Policies and Procedures Manual. BACKGROUND: The Board previously reviewed, but did not adopt, labor counsel's proposed amendments to the Board's Policies and Procedures Manual, Section 4.2 (A)(3) on November 21, 2023 and February 22, 2024. Based on input from the Board during both the November 21, 2023 and February 22, 2024 Board meetings, additional revisions to the previously proposed amendments have been made to Section 4.2 (A) (3) (a & b), Section 4.2(G), Section 4.2(I) and Section 4.2(J). The matter is being brought back for the Board's review and approval. REVIEWED BY GENERAL COUNSEL: Yes STRATEGIC PLAN INITIATIVES: G5 2D - Maintain a strong District culture and ethics as described in core values. ATTACHMENTS: 1. 2023 BOD Policies and Procedures Manual - Sections 4.2A(3), 4.2G, 4.2I and 4.2J - REDLINE 2. Resolution No. 2024-XX - Amending Board Policy and Procedures Manual Page 71 of 122 Yorba Linda Water District Board of Directors' Policies and Procedures Manual 8 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)that the public office not be used for personal gain, and (3)that all individuals associated with the District remain impartial and responsible towards the public. Accordingly, it is the policy of the District that Board members shall maintain the highest standard of personal honesty and fairness in carrying out their duties. The following are 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 in the performance of their official duties and responsibilities shall neither harass nor discriminate against any individual on the basis of their protected classification(s), the perception of any 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 “pProtected cClassification” 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, , and 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, and 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 Page 72 of 122 Yorba Linda Water District Board of Directors' Policies and Procedures Manual 9 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 and District Counsel. The General Manager, in consultation with legal and District cCounsel, will determine what level of investigation and response is necessary. b. If a Board member is the subject of a complaint, the remainder of the Board, in consultation with District Counsel and the General Manager, and District Counsel will hireselect 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. 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. 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. The District will take reasonable steps to protect the reporting party from further harassment, discrimination, and/or retaliation. 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 Page 73 of 122 Yorba Linda Water District Board of Directors' Policies and Procedures Manual 10 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. 3. 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 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 President 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 Page 74 of 122 Yorba Linda Water District Board of Directors' Policies and Procedures Manual 13 related violation by a Board member or District employee of any law, or 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 700) with the County when assuming office, on an annual basis thereafter, and when leaving office. Filing of these forms shall may be performed using the County’s e-file system. H. Directors appointed to other agency’s boards (e.g. OCSD 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, Page 75 of 122 Yorba Linda Water District Board of Directors' Policies and Procedures Manual 14 seminars, and other activities at District expense, removal of the member from Board committee, agency, and intergovernmental meeting assignments, and other such remedies as may be deemed appropriate by the Board. Censure shall only be used for cases in which the Board determines that the misconduct is a serious offense. In order to protect the overriding principle of freedom of speech, the Board shall not impose censure on any of its members for the exercise of his/her First Amendment rights, no matter how distasteful the expression was to the Board or the District. However, nothing herein shall be construed to prohibit the Board from collectively condemning and expressing their strong disapprobation of such remarks. Before the imposition of a censure, the Director accused of a violation shall be entitled to written notice of the allegation, the right to provide a written response to the allegation, and an opportunity to respond in writing as to the results of an investigation. J. Except as provided herein, aAll 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. The Board will provide the subject Director any due process required under the law. 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. Page 76 of 122 Resolution No. 2024-XX Amending Board Policies and Procedures Manual 1 RESOLUTION NO. 2024-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING SECTIONS 4.2(A)(3) AND 4.2(I) OF THE BOARD OF DIRECTORS POLICIES AND PROCEDURES MANUAL WHEREAS, the Board of Directors of the Yorba Linda Water District routinely reviews and makes revisions to their Policies and Procedures Manual (Manual); and WHEREAS, the Board of Directors desires to further amend this Manual 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. That Sections 4.2.(A)(3), 4.2(G), 4.2(I), and 4.2(J) of the Board of Directors Policies and Procedures Manual be amended effective immediately to read as follows: 4.2(A)(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 to the General Manager and District Counsel. The General Manager and District Page 77 of 122 Resolution No. 2024-XX Amending Board Policies and Procedures Manual 2 Counsel will determine what level of investigation and response is necessary. b.If a Board member is the subject of a complaint, the remainder of the Board, in consultation with District Counsel and the General Manager, will select an outside investigator to investigate the complaint. The investigation shall be conducted in a way that ensures, to the extent feasible, the privacy of the parties involved. (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]) 4.2(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 700) with the County when assuming office, on an annual basis thereafter, and when leaving office. Filing of these forms may be performed using the County’s e-file system. 4.2(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. 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. Page 78 of 122 Resolution No. 2024-XX Amending Board Policies and Procedures Manual 3 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 to provide a written response to the allegation, and an opportunity to respond in writing as to the results of an investigation. 4.2(J) Except as provided herein, 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 Page 79 of 122 Resolution No. 2024-XX Amending Board Policies and Procedures Manual 4 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. The Board will provide the subject Director any due process required under the law. Any action taken by the Board to impose a sanction or censure shall be taken by way of written resolution. PASSED AND ADOPTED this 14th day of March 2024 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Trudi DesRoches, President Yorba Linda Water District ATTEST: Bree Jozwiak, Assistant Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP Page 80 of 122 ITEM NO. 10.2. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Format of Interviews for General Legal Counsel Services RECOMMENDATION: That the Board of Directors consider the format and provide direction to staff. BACKGROUND: This item has been placed on the agenda for the Board of Directors to discuss the format of the interviews for general legal counsel services scheduled for Tuesday, March 26, 2024, if desired. One firm has inquired whether the interviews will consist of only questions and answers or if they need to be prepared to make a presentation including a slide deck. They have also inquired as to who else other than the Board will be present during the interviews. Any feedback received from the Board regarding this matter will be shared with each of the firms scheduled to be interviewed. All firms have confirmed their availability as follows: 9:00 AM Atkinson, Andelson, Loya, Ruud & Romo 10:00 AM Aleshire & Wynder 11:00 AM Kidman Gagen Law 12:00 PM Richards Watson Gershon Contract award is scheduled for the regular Board meeting on Thursday, April 11, 2024 at 8:30 a.m. Page 81 of 122 ITEM NO. 10.3. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: John DeCriscio, Operations Manager Joanna Gonzalez, Public Affairs Officer SUBJECT: Guidelines for Incident Notification to Board of Directors RECOMMENDATION: That the Board of Directors consider the proposed guidelines and provide direction to staff. BACKGROUND: On January 11, 2024, the Board of Directors instructed staff to present guidelines for incident notification to the Board, in addition to guidelines for social media emergency notifications. Staff has prepared the initial draft of the Incident Notifications Guidelines for discussion by the Board of Directors. The Incident Notifications Guidelines are designed to ensure effective communication during unexpected events or emergencies. These guidelines outline the procedures for notifying the Board of Directors about incidents that may impact the District. The General Manager, or designated representative, will contact the Board of Directors and will inform the Board of Directors how staff will utilize tools such as social media to communicate emergency notifications. We will establish these guidelines to enhance transparency, accountability, and efficiency in managing different emergencies. The upcoming discussion by the Board of Directors will further refine these guidelines to align with the District’s values and goals, fostering a proactive approach to incident communication. STRATEGIC PLAN INITIATIVES: G4 1A - Provide timely communication, messaging, and strategies. ATTACHMENTS: 1. Guidelines for Incident Notification to BOD Page 82 of 122 1 GUIDELINES FOR INCIDENT NOTIFICATION TO YLWD BOARD OF DIRECTORS The purpose of this memo is to outline appropriate levels of after-duty hours notifications to the District’s Board of Directors (BOD). The General Manager will notify the Board of Directors in the following instances: 1. There is significant headline risk. 2. There is a threat to or an actual interruption of our service to a large portion of our service area. 3. There is an actual threat to public health/safety or property – sewer spill, major water line break, wildland fire, etc. 4. Upon activation of the EOC. 5. There are numerous inquiries from the public. The General Manager will make every effort to keep the Board of Directors informed of any notifications received from other agencies that may be of interest to the BOD but do not rise to the levels of concern listed above. It should be noted, however, that YLWD may not always receive notifications from other agencies about such events in our service area. 1. Heli-Hydrant training exercises. 2. Damage or threat of damage to YLWD assets 3. Passing of elected officials from partner agencies CONSIDERATIONS: Reporting: If you are made aware of or witness a situation such as a sewer spill, major line break, a broken fire hydrant, wildland fire, etc., please contact YLWD’s 24/7 Emergency Line at (714) 701-3000. Page 83 of 122 2 SOCIAL MEDIA EMERGENCY NOTIFICATIONS: Yorba Linda Water District social media accounts on Facebook, Instagram, Twitter, LinkedIn, and YouTube are managed by the District’s Public Affairs Team on behalf of YLWD, and are intended as tools for the District to communicate with its customers and other stakeholders. Availability YLWD will make every effort to update and monitor our social media accounts during regular business hours and major emergencies, including but not limited to: • There is a threat to or actual Interruption of our service to a large portion of our service area. • There is an actual threat to public health/safety or property – Ex: Sewer Spill, Major Water Line Break, Wildland Fire, Boiled Water Alert. • There is scheduled maintenance that may impact several customers and or businesses, or may impact traffic conditions. • Upon activation of the EOC. Third-party social media platforms such as Facebook, Instagram, Twitter, LinkedIn, and YouTube may occasionally be unavailable and the District accepts no responsibility for their lack of service. Emergencies If you are made aware of or witness a situation such as a sewer spill, major line break, a broken fire hydrant, wildland fire, etc., or if you are experiencing issues with your water service, please contact YLWD’s 24/7 Emergency Line at (714) 701-3000. Please do not rely on any of YLWD’s social media platforms as a means of direct communication during emergency situations. Page 84 of 122 ITEM NO. 10.4. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Joanna Gonzalez, Public Affairs Officer SUBJECT: 2024 YLWD Infrastructure Tours RECOMMENDATION: That the Board of Directors review the draft plan and provide direction to staff. BACKGROUND: Attached is a draft outline for Director hosted infrastructure tours in the 2024 calendar year. Staff is seeking feedback from the Board of Directors to finalize the plan. ATTACHMENTS: 1. Infrastructure Tour Plan and Outline Page 85 of 122 1 | Page 2024 YLWD Infrastructure Tours Infrastructure Tours will be hosted by a YLWD Board Director (BOD) and YLWD staff. Each BOD will have the opportunity to host a 2 or 4-hour tour from their preferred month below (*also dependent on staff availability). Infrastructure Tour Months: • May – Opportunity to talk about Water Awareness Month and promote YLWD Open House • June – Opportunity to promote YLWD Open House taking place in July* • August – Water Quality Month • October – Customer Service Month • Early November – Before Holiday Season YLWD Facilities Selection: • BOD has the choice to 1. Build-Your-Own Tour: select 3-5 facility sites from the YLWD Facilities List. (page 2) 2. 4-Hour Recommended Tour: District facilities that showcase YLWD’s groundwater and imported water supply - reviewed by John D. (page 3) Registration for Infrastructure Tours: • Attendees must register online – A registration link will be provided to BOD to share with colleagues. • Registration will include waiver information for liability purposes. • Up to 8 Guests Total Required Staff and Responsibilities: • (1) Executive Staff: Responsible for BOD Support • Operations Crew Member: Responsible for renting a van and driving attendees to different tour sites. Provide assistance with the tour. • Public Affairs Staff (PA): Responsible for registration, tour setup, name badges, tour packets, waters, snacks, photos, BOD support and speaking points if needed. • Board Member: The BOD assigned to the Infrastructure Tour will meet YLWD staff at the office to greet attendees and lead the tour. Page 86 of 122 2 | Page 2-HOUR BUILD-YOUR-OWN TOUR: Board of Directors can select the facilities they’d like to tour by choosing 3-5 sites from the list below:  YLWD Facilities List Welcome at YLWD Headquarters + Board Room • SCADA Control Room + PFAS Water Treatment Plant Camino De Bryant Reservoir + Wells Fargo Heli-Hydrant Elk Mountain Reservoir and Booster Pump Station Fairmont Reservoir and Booster Pump Station Gardenia Reservoir Hidden Hills Reservoir and Booster Pump Station Highland Reservoir and Booster Pump Station Lakeview Reservoir and Booster Pump Station Little Canyon Reservoir Marc Marcantonio Heli-Hydrant OCWD Recharge Basin Quarter Horse Reservoir Santiago Reservoir and Booster Pump Station Spring View Reservoir and Booster Pump Station Timber Ridge Booster Pump Station Valley View Reservoir and Booster Pump Station Well 21 Well 22 Yorba Linda Booster Pump Station Page 87 of 122 3 | Page 4-HOUR RECOMMENDED TOUR: (8:00am-12:00pm) Time Location 8:00 am YLWD Headquarters: 1717 Miraloma Ave. • Tour Welcome and Introductions in the Board Room 8:10 am SCADA Control Room/PFAS Water Treatment Plant • Overview of water system 8:30 am Depart to Wells at Warner Basin • Start of Groundwater System 8:40 am Follow groundwater from well field up Richfield Rd. to Highland Reservoir and Booster Pump Station 9:00 am Arrive at Highland Reservoir and Booster Pump Station • Stop by booster station to discuss pumping operation. • Stop on top of reservoir discuss Diemer Plant 9:20 am Depart Highland Reservoir follow groundwater to Lakeview Reservoir and Booster Pump Station 9:40 am Arrive at Lakeview Reservoir and Booster Pump Station • Share info about the settlement at the reservoir site 9:50 am Depart Lakeview Reservoir follow water towards Fairmont Reservoir and Booster Pump Station 10:00 am Arrive at Fairmont Reservoir and Booster Pump Station • (Restroom Break) • Discuss infrastructure improvements which allowed for YLWD to supply groundwater throughout our service area • Discuss age of the reservoir and need for capital repair needs 10:25 am Depart from Fairmont Reservoir head to Santiago Reservoir and Booster Pump Station, and Marc Marcantonio Heli-Hydrant • Drive by Hidden Hills booster, discuss backup generator, current site improvement, also discuss grade change and the challenges of supplying water to these high elevations • Point out only sewer lift station in District 10:45 am Arrive at Santiago Reservoir and Booster Pump Station • At Santiago discuss CIP needs for booster and need for backup generator • Stop by slope failure discussed at previous Board meeting 11:00 am Depart to Camino de Bryant and Wells Fargo Heli-Hydrant • Drive by Bryant Ranch, Elk Mountain, discuss 18” main line problems. • Mostly driving by just to help board with location of YLWD facilities as we will have discussions during meetings. • Group Photo 11:30 am End Tour head back to Main Office (20 minute drive) • Feedback survey Page 88 of 122 4 | Page Infrastructure Tour Plan: Order/Time Agenda Staff Responsible 1. Tour Setup (registration, name badges, packets, waters, snacks, etc.) PA Staff 2. Meet BOD in the Board Room for tour preparation Executive Staff, PA, BOD 3. Attendee Arrival to YLWD Guests 4. Intro/Welcome in Board Room and provide tour packets (Agenda for the day + Giveaways) Mark/BOD 5. Begin tour – Sites will vary depending on BOD Facilities Selection All 6. Visit YLWD Facilities All 7. Return to YLWD for Tour Conclusion and Feedback Survey All Other Logistics: • Van(s) will be rented to accommodate tour attendees • Waters and snacks will be provided (granola bars and fruit) • Attendee Feedback Survey will be provided for all attendees to fill out via QR Code– can be found in Attendees Tour Packet! MISC Notes: • Attendee Tour Packets: Include o YLWD Fact Sheet o Agenda o Feedback Survey o YLWD Facilities Map o Giveaways  Folders Page 89 of 122 ITEM NO. 10.5. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Rescheduling Regular Board Meeting on Thursday, May 9, 2024 Due to Conflict with ACWA Spring Conference RECOMMENDATION: That the Board of Directors reschedule the Board meeting on Thursday, May 9, 2024 to Thursday, May 16, 2024 at 8:30 a.m. and consider rescheduling the Board meeting on Thursday, May 23, 2024 to Thursday, May 30, 2024 at 8:30 a.m. to allow two weeks between both meetings. Page 90 of 122 ITEM NO. 11.1. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Delia Lugo, Finance Manager SUBJECT: Travel and Expense Reimbursement Policy Comparison Per the Board of Directors' request, staff has prepared an information sheet that presents travel and meeting expense policy guidelines for Yorba Linda Water District, the City of Brea, and the City of Yorba Linda. ATTACHMENTS: 1. Travel Expense Reimbursement Policy Comparison Page 91 of 122 Travel Expense Reimbursement Policy Comparison City of Brea: Employees are expected to exercise sound judgement and reasonableness while incurring City travel expenses. Allowable expenses must be actual, reasonable, and necessary. The general governing rule for all City travel expenses shall be availability economy, convenience and propriety. Prepayment by the City should be arranged at time travel is approved. If that is not possible, a cash advance of up to $250 may be obtained for anticipated expenses. All employees must reconcile and submit a Travel Expense Report (“Report”) with the appropriate approval levels and supporting receipts within 5 working days after returning from trip. If a Report is not submitted within the 5 working days and an extension to do so is not granted, all monies advanced may be considered taxable income and included in the employee’s W-2 form, per Internal Revenue Service regulations. The cost of meals, tips and incidentals that are reasonable and necessary shall be considered allowable expenses. The allowable cost for lodging accommodations shall be based on the actual single-room rate of the lowest room rate at the designated conference hotel or at a comparably priced hotel. Receipt must be included with the submitted Report. Travel – Direct routes at tourist or economy fare will be the maximum cost that the City will allow. Receipt must be included with the submitted Report. City of Yorba Linda: Any elected official or employee who is required to travel in performance of their duties shall be reimbursed for reasonable expenses. The City’s reimbursement plan is considered to be an “accountable plan” by the IRS and receipts of expenses need to be provided. The plan includes a combination of reimbursements based on receipts and a “per diem” component approved by the IRS. All travel must be approved, and employees are expected to use good judgment. Travel – Air travel is the standard mode of transportation for travel over 350 miles round trip. The City will pay the lowest cost for an advanced purchase coach fare. Lodging – Reimbursement shall not exceed the hotel’s standard single room rate at a hotel designated in conference literature. Receipt is required. Expenses for meals (including tax and gratuity) will be reimbursed at actual cost, which must be reasonable (less than or equal to the current highest U.S. General Services Administration (GSA) per diem rates: Breakfast $18.00; Lunch $19.00, Dinner $34.00). YLWD: District elected officials and employees are encouraged to attend conferences, conventions, meetings, symposiums, intergovernmental meetings and legislative sessions relating to the District’s mission. The District’s reimbursement plan is considered to be an “accountable plan” by the IRS. Attendance at an event must be pre-approved in order for qualified, necessary, and reasonable expenses to be incurred. Directors and employees shall be mindful that public Page 92 of 122 funds are being spent and that only a reasonable and necessary level of expense is warranted. To obtain reimbursement for qualified expenses, a completed Travel Expense Reimbursement Form (“Report”), including all original itemized receipts, shall be submitted within 60 calendar days of when the expenses were incurred. Travel – Reimbursement for actual cost of a coach or economy class commercial flight. Lodging – Reimbursement at the published group rate, at an equally comparable or lower rate, or at the government rate. 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). Meals – Meal expenses include the reasonable and necessary costs of meals and beverages, int 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. Page 93 of 122 ITEM NO. 12.1. AGENDA REPORT MEETING DATE: March 14, 2024 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 MWDSC Board Tue, Feb 13 12:00 PM Hernandez PYLUSD Board Tue, Feb 13 6:00 PM Barbre OC LAFCO Commission Wed, Feb 14 8:15 AM SAWPA Commission Tue, Feb 20 9:30 AM CalMutuals Board Tue, Feb 20 2:00 PM Barbre Yorba Linda City Council Tue, Feb 20 6:30 PM Lindsey Placentia City Council Tue, Feb 20 7:00 PM Hawkins Brea City Council Tue, Feb 20 7:00 PM DesRoches MWDOC Board Wed, Feb 21 8:30 AM DesRoches OCWA Meeting Wed, Feb 21 11:30 AM Hernandez OCWD Board Wed, Feb 21 5:30 PM DesRoches ACWA DC Conference Tue, Feb 27 9:00 AM Hernandez ACWA DC Conference Wed, Feb 28 8:00 AM Hernandez OC San Board Wed, Feb 28 6:00 PM Hawkins WACO Fri, Mar 1 7:30 AM SAWPA Commission Tue, Mar 5 9:30 AM Yorba Linda City Council Tue, Mar 5 6:30 PM Hernandez Brea City Council Tue, Mar 5 7:00 PM Barbre Placentia City Council Tue, Mar 5 7:00 PM Lindsey MWDOC Board Wed, Mar 6 8:30 AM OCWD Board Wed, Mar 6 5:30 PM DesRoches Financial Review Group Tue, Mar 12 8:00 AM DesRoches/Lindsey MWDSC Board Tue, Mar 12 1:00 PM PYLUSD Board Tue, Mar 12 6:00 PM Hernandez OC LAFCO Commission Wed, Mar 13 8:15 AM YL Planning Commission Wed, Mar 13 6:30 PM Hawkins (As Needed) Page 94 of 122 ITEM NO. 12.2. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Mark Toy, General Manager SUBJECT: General Manager's Report A brief update on District activities and matters of interest as of March 5, 2024. GENERAL MANAGER At our January 2024 town hall, I shared the direct feedback that I received in an annual survey from employees about the SUSTAIN and the IMPROVES for the Yorba Linda Water District (YLWD). Based on this feedback, the Taking Care of People (TCoP) full-committee met on February 13th to discuss the initiatives that we will explore in order to address the IMPROVES. Led by each member of the executive staff, we formed the following exploratory sub-committees: INITIATIVE MENTORS 1. Employee Events John 2. Facilities Doug 3. IT Rosanne 4. Employee Development Delia 5. Hybrid Work Schedule Lori Mentors will lead their respective teams, and develop additional feedback surveys and action plans for possible implementation in the district. Mentors will schedule an In-Progress Review (IPR) with me in the coming weeks to review their sub-committee’s work. The sub-committees will then present their findings to all employees at the next town hall. As a result of the Strategic Plan Workshop on 2/8, our Strategic Plan Coordinator has consolidated all changes into a DRAFT document. Each of the five Strategic Plan Workshop Teams will now meet separately in their respective groups to confirm (and/or further edit) their respective goals and initiatives. Once complete, the DRAFT Strategic Plan will be presented to the Board of Directors for adoption at a future Board meeting. On February 21st President DesRoches and I were proud to present YLWD to the Board of Directors for the Municipal Water District of Orange County (MWDOC). We were the first agency, of all member agencies, to present as part of MWDOC’s Agency Spotlight Initiative. Together, we talked about the YLWD vision, mission, service area, and signature projects. We also discussed our partnerships with stakeholders across our region. We continue to receive positive feedback about our Page 95 of 122 participation and look forward to even more outreach to the community about the YLWD. On February 15th, I was honored to participate on a panel hosted by the Asian American Architects & Engineers (AAa/e) titled, “The Future of Water – A 2024 Snapshot.” Joining me were: Mohsen Mortada, Chief of Staff, Metropolitan Water District; Stacie Takeguchi, Assistant General Manager, Pasadena Water and Power; and Adam Ariki, Deputy Director Water Resources, Los Angeles County Public Works. Over 100 people gathered in downtown Los Angeles to network with industry leaders and gain insights into the comprehensive and interconnected approach driving water initiatives. We covered a myriad of topics including water supply, wastewater management, recycling, desalination, stormwater control, groundwater utilization, flood management, and water infrastructure development. Overall, the event was an outstanding opportunity to engage with our partners across the region. Finally, last week from February 27-29th, Director Hernandez and I attended the annual Association of California Water Agencies (ACWA) DC 2024 conference. The water conference was a comprehensive program of engagement with numerous agencies in the National Capital Region. On Day 1, ACWA conducted three panels: Federal Advocacy 101, Federal Priorities Panel, and Election Panel. On Day 2, ACWA facilitated a series of keynotes including: Commissioner Camille Touton, Bureau of Reclamation; Bruno Pigott, Environmental Protection Agency Office of Water; Angela Coleman, US Forest Service, and Kris Harris from the Lafayette Group. ACWA attendees traveled to the Capitol Visitor’s Center for a Congressional Speech Program that included: Congressman Ken Calvert, staffers from SEN Padilla’s office, and staffers from REP Valadao’s office. As a bonus, Director Hernandez and I had the opportunity to meet with Congresswoman Grace Napolitano and her staff in her DC district office to discuss southern California water issues. Representative Napolitano has been a strong advocate for SoCal water initiatives for many years during her tenure in Congress serving as the Chair of the two primary water subcommittees in the House of Representatives. ADMINISTRATION / IT / PUBLIC AFFAIRS / SAFETY ▪ Over the last two weeks, YLWD hosted four student tours for high school seniors enrolled in Advancement Via Individual Determination (AVID), a college prep elective. Over 100 high school seniors from El Dorado, Esperanza, Yorba Linda, and Valencia High Schools learned about our water supply, toured our PFAS Water Treatment Plant, learned about the rewarding careers in the water industry, and learned about the value of water. Attached are the monthly reports from CommLab and Townsend Public Affairs including an updated legislative matrix. ▪ Successful implementation of Multi-Factor Authentication (MFA) on Office 365 platform. All employees have been configured with MFA using either their district phone or, in the case of employees without a district phone, a fob. This crucial security enhancement ensures the protection of our sensitive data and accounts against unauthorized access. ENGINEERING ▪ Main Street Sewer Project: Pipe bursting of the sewer is tentatively scheduled for early April. Board members will receive a notice as to the actual date and time of the event. ▪ Green Crest Drive: Staff met with Psomas and conducted a site visit on February 12th. Staff received Psomas’ proposal to provide professional services in support of the District’s acquisition of a section of Green Crest Drive. City, Metropolitan, and District staff met at the erosion site on February 28th to discuss the proposed location of geotechnical boreholes. The geotechnical firm will conduct boring on March 11-12th. ▪ Highland Reservoir Access Road: Staff met with Psomas and conducted a site visit on February 12th. Mr. Nick Diaz joined us and provided input on the section of the road requiring Page 96 of 122 improvements. Mr. Diaz also provided a copy of the roadway plans that his engineer had prepared, signed, and sealed on February 9, 2024. Psomas’ transportation engineer evaluated the road for safety issues and reported to staff and Mr. Diaz that she did not identify any safety issues with the District’s section of the roadway during the site visit. Staff received Psomas’ proposal to provide professional services in support of road negotiations/ road improvements. Psomas provided planning-level cost estimates for the design and construction of the road improvements. FINANCE ▪ The Finance Manager initiated a conference call with Cogsdale/Harris Account Managers to discuss options available to the District in regard to the current Enterprise Resource Planning (ERP) / Customer Service Management (CSM) software platform approaching a scheduled sunset date in 2028. Other District staff that participated in the conference call included Robyn, Rachel, and Sophia. There are a total of eight (8) public agencies in California that utilize Cogdale’s CSM and/or various modules within the Microsoft Great Plains ERP software to meet their financial reporting, customer billing, and purchasing needs. The Finance Manager is in the process of coordinating conference calls with other agency Directors of Finance/CFO’s to inquire about the action they plan on taking – a major system upgrade or issuing an RFP. ▪ The Finance Manager and Accounting Supervisor are coordinating efforts with District Municipal Advisors in preparing 5-10 year cash flow statements which will assist in staff preparing for the April 25th budget workshop where reserves target levels, debt service coverage ratio projections, funding levels of "unfunded accrued liabilities", and projected days in cash will be discussed. The review and update to District financial policies will also be discussed at the April 25th budget workshop. ▪ A virtual meeting between District Finance staff and Bond Counsel from Stradling Yocca Carlson and Rauth (“Stradling”) occurred on February 27th. At this meeting, the topics of discussion included: the need for the District to prepare and submit a "Substitution Certificate”; the investment and spend down of the bond proceeds; arbitrage rebate calculations and reporting; and annual required reporting to CDIAC. The following Stradling partners will now be handling all district bond counsel needs: Douglas S. Brown and Jonathan Guz. ▪ The collection status of the Capital Finance Charge is as follows. There has been no significant change since the previous month. 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% $1,784,097 57.2% # 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% $330,055 77.5% HUMAN RESOURCES / RISK MANAGEMENT ▪ With the addition of a full-time Public Affairs Specialist and a part-time Public Affairs Intern on February 26th, the District is now 98% staffed, with only two current vacancies. Recruitment for an Engineering intern will open within the next few weeks, and recruitment for one Page 97 of 122 Maintenance Worker III is anticipated in/around April. OPERATIONS ▪ Groundwater production for the month of January is 922.0 AF, which includes 7.68 AF of well water pumped to waste. January's groundwater total is 98.3% of supply, which brings FYTD (BPP) GW to 84.8%. 1. CommLAB Monthly Report 2. TPA Monthly Report 3. TPA Legislative Matrix Page 98 of 122 February Activity Report TO: Joanna Gonzalez, Public Information Officer, Yorba Linda Water District FROM: Diego Teran, Sr. Account Manager, Communications LAB DATE: March 6 2024 RE: Current communications projects Below are highlights of current Communications Lab projects for Yorba Linda Water District: Social Media • Agency has programmed editorial calendar for Feb. and is currently posted. • Client has approved copy and graphics for March, and agency is working on programming that content. • Agency will submit copy by end of Feb. on the upcoming editorial calendar from March 15-April 30. Audiovisual Production • Agency committed to support with audiovisual production, including drone shots, in the ongoing Infrastructute Tours that will take place at the District facilities. Special Events • Agency was notified of Open House potentially taking place in the late Spring. To that extent, agency provided video recap and punch list from 2022 Open House. Additionally, agency committed to assist with graphic design, audiovisuals, logistic support, and more. • Agency was notified about PFAS Water Treatment Plant Dedication Ceremony taking place tentatively on April 16. Agency shared layout, along with contract and punch list used for the opening of the PFAS Water Treatment Plant Ceremony in 2022. The punch list includes logistics, audiovisual, and other elements. Page 99 of 122 Page 1 M E M O R A N D U M To: Yorba Linda Water District From: Townsend Public Affairs Date: March 6, 2024 Subject: State and Federal Legislative Monthly Report STATE LEGISLATIVE UPDATES The month of February included the Legislature’s bill introduction deadline of February 16, featuring the introduction of over 1,500 new bill vehicles, and gave new insight into legislative trends for the 2024 Legislative Session. The February bill introduction deadline also signaled a change in legislative action, with the beginning of legislative policy committee hearings to kickstart the bill deliberation process. It is anticipated that hundreds of bills will begin to be heard in their respective policy and fiscal committees in the next couple of weeks. Below is an overview of pertinent State actions from February. LAO Releases Revenue Update as Budget Deficit Grows On February 20, the Legislative Analyst’s Office (LAO) released an update to State Revenues in relation to the State Budget. Previously, the LAO estimated that the State is facing a budget deficit of about $58 billion, under the Governor’s Proposed Budget released on January 10. The LAO estimates that the deficit is about $24 billion below the Governor’s Budget across 2022-23 to 2024-25. Under the LAO’s estimates, this increases the previously estimated $58 billion deficit to $73 billion. As a few possible solutions to the budget deficit the LAO recommends both revenue increases and spending reductions (on both a one-time and ongoing basis), as well as other tools, like utilizing reserves and cost shifts. Additionally, the LAO recommends that Legislators evaluate whether recent augmentations designated for one-time and temporary expenditures could be retracted or minimized, by using two rationales. Firstly, to consider that when th e allocations for one-time and temporary expenditures were approved, it was under the understanding that they would serve as a buffer for future budgetary challenges. For instance, the Administration frequently projected "operating surpluses" in its multi-year forecasts, excluding such expenditures, indicating an acknowledgment that the State's resources could not cover all projected commitments. However, they could accommodate ongoing budgetary requirements. Secondly, as the Legislature diminishes one-time and temporary expenditures in 2024-25, it preserves a greater array of tools for addressing future budgetary challenges. The reduction of such spending constitutes a "use or lose" mechanism in tackling budgetary issues—once funds are allocated to recipients, retracting them becomes exceedingly impractical. Page 100 of 122 Page 2 The figure below from the LAO Report shows the breakdown of possible remaining one-time and temporary spending. Looking forward, Legislators will be in ongoing negotiations with the Administration to pass the Budget Bill by the June 15 constitutional deadline to pass the State Budget. Senate Leadership and Committee Changes On February 5, Senator Mike McGuire was sworn in as Senate Pro Tem on the Senate Floor by California Supreme Court Chief Justice Patricia Guerrero. Later in the week, on February 8, Senate Pro Tem McGuire announced new Senate and Committee assignments. Leadership changes include the appointment of Senator Lena Gonzalez as the Majority Leader, and Senators Angelique Ashby and Aisha Wahab as co-Assistant Majority Leaders. These members will be instrumental in leading the House and the Democratic Caucus’ policy decisions and priorities for the next few years. Notable committee changes include the following: • Senator Scott Wiener replaces Senator Nancy Skinner as the new Budget Chair • The Senate Governance and Finance Committee has returned to its pre-redevelopment dissolution roots and has split into two committees that mirror the Assembly: the Senate Local Government Committee, whose chair will be Senator Maria Elena Durazo, and the Senate Revenue and Taxation Committee, whose chair will be Senator Steve Glazer. A full list of leadership changes and committee membership changes can be found here. Page 101 of 122 Page 3 Cap and Trade Rulemaking Oversight Hearing On February 13 the Senate Environmental Quality Committee, the Senate Budget and Fiscal Review Subcommittee No. 2 On Resources, Environmental Protection, and Energy Committee held a joint oversight hearing on Cap and Trade rulemaking. Cap and Trade is a market-based emissions trading program administered by the California Air Resources Board (CARB) that covers roughly 80% of California’s GHG emissions and aims to reduce them. The program imposes a declining, aggregate cap on the amount of GHGs allowed to be emitted in the State each year and has been run by CARB for the past ten years. In running the program, CARB has held workshops and solicited feedback on the changes they are considering. The hearing gave legislators an opportunity to learn about how the changes being considered at CARB will affect the nature of the State’s climate policy. Panelists included: • Liane Randolph, Chair, CARB • Sarah Cornett, Fiscal and Policy Analyst, Legislative Analyst’s Office (LAO) • Katelyn Roedner Sutter, Assembly Appointee, Independent Emissions Market Advisory Committee • Catherine Garoupa, Chair, CARB Environmental Justice Advisory Committee • Danny Cullenward, Vice Chair and Senate Appointee, Independent Emissions Market Advisory Committee • Matthew Botill, Chief, Industrial Strategies Division, CARB The panelists discussed the current stake in the State’s Cap and Trade rulemaking and presented what is next for the State’s program. The LAO had many legislative considerations, including discussing the State balancing pursuing emissions reductions with potential cost impacts, and asking if the Legislature wants to expand the program beyond 2030. One major concern mentioned by the Committee and many panelists was regarding whether underserved communities are truly benefiting from the program dollars. FEDERAL LEGISLATIVE UPDATES In the month of February, Congress was out of session for two weeks which led to a decline in moving legislation. However, in February, updates on appropriations and new task forces were released. Below is a summary of activities in both the executive and legislative branches in the month of February. Congress Approves Interim Funds to Avert Government Shutdown During the February recess Lawmakers were hopeful that appropriations bill text would be released prior to their return in late February. However, Senate Majority Leader Chuck Schumer announced that this would not occur. This prompted President Biden to meet with Senate Majority Leader Schumer, Senate Minority Leader Mitch McConnell, House Speaker Mike Johnson, and House Minority Leader Hakeem Jeffries at the White House on February 27 to discuss strategies to avert a government shutdown. Ultimately, Speaker Johnson offered to push the government shutdown dates to March 8 and March 22 to buy more time for leadership to finalize FY2024 appropriations bill text. This approach played out on February 29 as the U.S. House of Representatives passed a continuing resolution (CR) to fund the government for a few more days, avoiding a shutdown that had been in line to Page 102 of 122 Page 4 occur the night of March 1. The Senate passed the bill on a 77-13 vote shortly after the House acted, sending it to President Biden for his signature. Under the deal, funding for Agriculture-FDA, Energy and Water, Military Construction-VA, Transportation-HUD, Commerce-Justice-Science and Interior-Environment are extended to March 8. Whereas Defense, Financial Services-General Government, Homeland Security, Labor- HHS-Education, Legislative Branch, and State-Foreign Operations are extended to March 22. The deal doesn’t include any Ukraine aid, which House Republicans are holding up as they demand a range of new restrictions on US immigration and border policies. Under the parameters of the deal reached this week, two six-bill packages will come to the floor of the House in March. When Congress returns to Washington, DC on March 4 we anticipate action will be taken on the first package of bills, with action on the second coming during the week of March 18. Top House Leaders Announce Bipartisan AI Task Force Speaker Mike Johnson and Minority Leader Hakeem Jeffries announced a bipartisan task force to explore potential legislation to address concerns around artificial intelligence. This comes after a robocall imitating President Biden sought to discourage people from voting for him in the New Hampshire Democratic primary election. Strong attention was brought to this issue thus prompting the Federal Communications Commission to rule that AI-generated phone calls are illegal shortly after. Speaker Johnson and Leader Jeffries have each appointed twelve members to the Task Force on Artificial Intelligence that represent key committees of jurisdiction. Congressman Jay Obernolte (CA-23) is the Chairman of the 24 member task force and Congressman Ted Lieu (CA- 36) is the Co-Chair. To read their joint statement click here. Update on 2024 Water Resources Development Act Congress is working hard to abide by a traditional timeline to enact the 2024 Water Resources Development Act. Bipartisan committee leaders indicated that they are working toward holding committee action on the bills around May, with consideration by the full House and Senate in the Summer followed by a conference committee to reconcile differences that may stretch into the Fall. The bill authorizing U.S. Army Corps of Engineers projects and programs is typically enacted every two years and provides an opportunity for specific projects to be authorized, the first step toward appropriations. Additionally, The Senate Committee on Environment and Public Works held a hearing in February to receive an update on implementation of projects authorized by past Water Resources Development Acts. Senators pressed Biden Administration officials at the U.S. Army Corps of Engineers in charge with implementation on the slow roll out of past authorizations and encouraged haste in future roll outs. Reclamation Releases Guidelines for Colorado River Operations Under a drought contingency plan published by the Bureau of Reclamation, farmers in Arizona and California and other water users in the region will be required to drastically cut their Colorado River use. The Plan, outlined in a final supplemental environmental impact statement on an update to interim drought guidelines for the Colorado River adopted in 2007, calls for a cut of water use of up to 3 million acre-feet in the basin through the end of 2026. Many water users will Page 103 of 122 Page 5 be compensated for their conservation measures using some of the $4.6 billion in federal drought contingency funding provided by Congress in the 2022 Inflation Reduction Act. Conservation agreements with 24 irrigation districts and other water providers in California and Arizona are expected to serve up to 1.58 million acre-feet of water through 2026, supported by $670.2 million from the Inflation Reduction Act. The Bureau’s move follows an October announcement that a draft 20-year drought plan for the Colorado River that will take effect in 2027 will be published by the end of 2024. Details of the operational update can be found on the Bureau’s website here. Reclamation announces 2024 Central Valley Project Water Supply Allocations The Bureau of Reclamation announced initial 2024 water supply allocations for Central Valley Project water users. Water supply allocations are based on an estimate of water available for delivery to Central Valley Project water users and reflect current reservoir storage, precipitation, and snowpack in the Sierra Nevada. To view the Central Valley Project water supply allocations please visit usbr.gov. The ranges for different water contractors based on geography range from 15% to 100% of their contract total. Senator Padilla Introduces Bill to Create Permanent, National Water Assistance Program Senator Alex Padilla (D-CA) introduced the Low-Income Household Water Assistance Program Establishment Act (LIHWAP) on February 28th. The legislation establishes a nationwide water assistance program to help struggling families pay their water bills. Currently, LIHWAP funding is available in California through March 2024. However, the program needs congressional authorization to continue. This legislation would make it a permanent program with mandatory funding each year. Page 104 of 122 Yorba Linda Water District Legislative Matrix 3/1/2024 AB 277 (Rodriguez, D) Extreme Weather Forecast and Threat Intelligence Integration Center. Status: 09/01/2023 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 8/21/2023) (May be acted upon Jan 2024) Location: 09/01/2023 - Senate 2 YEAR Summary: Current law establishes the Atmospheric Rivers: Research, Mitigation, and Climate Forecasting Program within the department to, upon appropriation of special fund moneys, research climate forecasting and the causes and impacts that climate change has on atmospheric rivers, to operate reservoirs in a manner that improves flood protection in the state, and to reoperate flood control and water storage facilities to capture water generated by atmospheric rivers. This bill would establish the State-Federal Flood Operations Center within the Department of Water Resources and would authorize the department to administer the center in the department’s divisions, offices, or programs. The bill would provide that the purpose of the center is to function as the focal point for gathering, analyzing, and disseminating flood and water-related information to stakeholders and would authorize the center to take specified actions for that purpose, including to function during emergency situations to enable the department to centrally coordinate statewide emergency responses. (Based on 07/03/2023 text) AB 460 (Bauer-Kahan, D) State Water Resources Control Board: water rights and usage: interim relief: procedures. Status: 07/14/2023 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was N.R. & W. on 6/7/2023)(May be acted upon Jan 2024) Location: 07/14/2023 - Senate 2 YEAR Summary: Current law authorizes the State Water Resources Control Board to investigate all streams, stream systems, lakes, or other bodies of water, take testimony relating to the rights to water or the use of water, and ascertain whether water filed upon or attempted to be appropriated is appropriated under the laws of the state. Current law requires the board to take appropriate actions to prevent waste or the unreasonable use of water. This bill would authorize the board, in conducting specified investigations or proceedings to inspect the property or facilities of a person or entity, as specified. The bill would authorize the board, if consent is denied for an inspection, to obtain an inspection warrant, as specified, or in the event of an emergency affecting public health and safety, to conduct an inspection without consent or a warrant. (Based on 05/18/2023 text) AB 560 (Bennett, D) Sustainable Groundwater Management Act: groundwater adjudication. Status: 09/01/2023 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 8/14/2023) (May be acted upon Jan 2024) Location: 09/01/2023 - Senate 2 YEAR Summary: Current law prohibits a court from approving entry of judgment in certain adjudication actions for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act, unless the court finds that the judgment would not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the Department of Water Resources to comply with the act and to achieve sustainable groundwater management. This bill would require the parties to an adjudication action to submit a proposed settlement agreement determining rights to water to the board for a nonbinding advisory determination as to whether the proposed settlement agreement will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management before filing the proposed settlement agreement with the court. The bill would require the board to provide its nonbinding advisory determination to the parties no later than 120 days after the proposed settlement agreement was Page 1 of 16 Page 105 of 122 submitted, and would require the parties to include the board’s nonbinding advisory determination in the court filing, as provided. (Based on 06/26/2023 text) AB 754 (Papan, D) Water management planning: water shortages. Status: 09/01/2023 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 8/21/2023) (May be acted upon Jan 2024) Location: 09/01/2023 - Senate 2 YEAR Summary: Current law requires an urban water management plan to quantify past, current, and projected water use, identifying the uses among water use sectors, including, among others, commercial, agricultural, and industrial. Current law requires every urban water supplier to prepare and adopt a water shortage contingency plan as part of its urban water management plan. Current law requires the water shortage contingency plan to include the procedures used in conducting an annual water supply and demand assessment, including the key data inputs and assessment methodology used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year. Current law requires the key data inputs and assessment methodology to include specified information, including, among other things, a description and quantification of each source of water supply. This bill would require a water shortage contingency plan to include, if, based on a description and quantification of each source of water supply, a single reservoir constitutes at least 50% of the total water supply, an identification of the dam and description of existing reservoir management operations, as specified, and if the reservoir is owned and operated by the urban water supplier, a description of operational practices and approaches, as specified. (Based on 08/14/2023 text) AB 805 (Arambula, D) Sewer service: disadvantaged communities. Status: 01/30/2024 - Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 76. Noes 0.). In Senate. Read first time. To Com. on RLS. for assignment. Location: 01/30/2024 - Senate Rules Summary: Under current law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality in accordance with the Porter-Cologne Water Quality Control Act and the federal Clean Water Act. Current law authorizes a regional board to order the provision of sewer service by a receiving sewer system, as defined, to a disadvantaged community served by an inadequate onsite sewage treatment system, as defined. This bill would authorize the state board to require a sewer service provider to contract with an administrator designated or approved by the state board for administrative, technical, operational, legal, or managerial services to assist a designated sewer system with the provision of adequate sewer service, as defined. The bill would also authorize the state board to order a designated sewer system to accept those services, including full management and control of all aspects of the designated sewer system, from an administrator. The bill would define “designated sewer system” for these purposes as a sewer system that serves a disadvantaged community and that the state board finds to be either an inadequate sewage treatment system or a sewer system that has demonstrated difficulty in maintaining technical, managerial, and financial capacity to prevent fraud and mismanagement, or a sewer system that voluntarily accepts financial assistance for the provision of adequate sewer service. (Based on 01/22/2024 text) AB 828 (Connolly, D) Sustainable groundwater management: managed wetlands. Status: 01/29/2024 - Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 15.) In Senate. Read first time. To Com. on RLS. for assignment. Location: 01/29/2024 - Senate Rules Page 2 of 16 Page 106 of 122 Summary: The Sustainable Groundwater Management Act requires all groundwater basins designated as high- or medium- priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans, except as specified. Current law defines various terms for purposes of the act. This bill would add various defined terms for purposes of the act, including the terms “managed wetland” and “small community water system.” (Based on 01/11/2024 text) AB 830 (Soria, D) Lake and streambed alteration agreements: exemptions. Status: 09/01/2023 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 8/21/2023) (May be acted upon Jan 2024) Location: 09/01/2023 - Senate 2 YEAR Summary: Current law prohibits a person, a state or local governmental agency, or a public utility from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or depositing or disposing of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless prescribed requirements are met, including written notification to the Department of Fish and Wildlife regarding the activity. Current law prescribes various requirements for lake and streambed alteration agreements. Current law also establishes various exemptions from these provisions, including exemptions for specified emergency work. This bill would additionally exempt from these provisions the temporary operation of existing infrastructure or temporary pumps being used to divert flood stage flows, as identified by the California Nevada River Forecast Center or the State Water Resources Control Board, or near-flood stage flows, as defined, to groundwater recharge as long as certain conditions are met. (Based on 06/27/2023 text) AB 990 (Grayson, D) Water quality: waste discharge requirements: infill housing projects. Status: 01/29/2024 - Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0.) In Senate. Read first time. To Com. on RLS. for assignment. Location: 01/29/2024 - Senate Rules Summary: Under current law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal National Pollutant Discharge Elimination System (NPDES) permit program established by the federal Clean Water Act and the act. This bill would require the regional water board, defined to mean the regional water board with geographic boundaries for the San Francisco Bay region, to, by July 1, 2025, initiate modifications to its waste discharge requirements, as specified. The bill would require these modifications to be completed within 6 months of initiation. Before finalizing the modifications, the bill would require the regional water board to make specified findings, including, among other things, that concerns regarding the potential impacts of the draft NPDES permit requirements on the development of housing on infill sites have been adequately addressed. The bill would make these provisions inoperative on July 1, 2028, and would repeal them on January 1, 2029. (Based on 01/25/2024 text) AB 1024 (Aguiar-Curry, D) Water rights: small irrigation use: lake or streambed alteration agreements. Status: 09/01/2023 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 8/21/2023) (May be acted upon Jan 2024) Location: 09/01/2023 - Senate 2 YEAR Summary: The Water Rights Permitting Reform Act of 1988 authorizes a person to obtain a right to appropriate water for a small domestic use, small irrigation use, or livestock stockpond use upon first registering the use, as those uses are defined by the act, with the State Water Resources Control Board and thereafter applying the water to reasonable and beneficial use Page 3 of 16 Page 107 of 122 with due diligence. The act requires the registration of water use to be made upon a form prescribed by the board that requires, among other things, a certification that the registrant has contacted a representative of the Department of Fish and Wildlife and has agreed to comply with conditions set forth by the department. The act requires the board to establish reasonable general conditions to which all appropriations made pursuant to the act are required to be subject, including, among other things, that all conditions lawfully required by the department are conditions upon the appropriations. The act provides that the board is not required to adopt general conditions for small irrigation use until the board determines that funds are available for that purpose, and that a registration for small irrigation use pursuant to the act is not authorized until the board establishes general conditions for small irrigation use to protect instream beneficial uses, as specified. This bill would require the board to give priority to adopting, on or before June 30, 2027, except as provided, general conditions that permit specified registrants to store water for small irrigation use during times of high streamflow in exchange for those registrants reducing diversions during periods of low streamflow, as specified. (Based on 05/18/2023 text) AB 1205 (Bauer-Kahan, D) Water rights: sale, transfer, or lease: agricultural lands. Status: 09/14/2023 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was INACTIVE FILE on 9/11/2023)(May be acted upon Jan 2024) Location: 09/14/2023 - Senate 2 YEAR Summary: Current law declares that, because of the conditions prevailing in this state, the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of the water is to be exercised with a view to the reasonable and beneficial use of the water in the interest of the people and for the public welfare. This bill would require the State Water Resources Control Board to, on or before January 1, 2027, conduct a study and report to the Legislature and appropriate policy committees on the existence of speculation or profiteering by an investment fund in the sale, transfer, or lease of an interest in any surface water right or groundwater right previously put to beneficial use on agricultural lands, as specified. The bill would repeal this provision on January 1, 2031. (Based on 07/13/2023 text) AB 1272 (Wood, D) State Water Resources Control Board: drought planning. Status: 09/14/2023 - Withdrawn from Engrossing and Enrolling. Ordered to the Senate. In Senate. Held at Desk. Location: 09/14/2023 - Senate DESK Summary: Would require the State Water Resources Control Board, in consultation with the Department of Fish and Wildlife, to adopt principles and guidelines for diversion and use of water in coastal watersheds, as specified, during times of water shortage for drought preparedness and climate resiliency. The bill would require that the principles and guidelines allow for the development of locally generated watershed-level plans to support public trust uses, public health and safety, and the human right to water in times of water shortage, among other things. The bill also would require the state board, prior to adopting those principles and guidelines, to allow for public comment and hearing, as provided. The bill would make the implementation of these provisions contingent upon an appropriation of funds by the Legislature for this purpose. (Based on 09/01/2023 text) AB 1337 (Wicks, D) State Water Resources Control Board: water diversion curtailment. Status: 07/14/2023 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was N.R. & W. on 6/7/2023)(May be acted upon Jan 2024) Location: 07/14/2023 - Senate 2 YEAR Summary: Under existing law, the diversion or use of water other than as authorized by specified provisions of law is a trespass, subject to specified civil liability. This bill would expand the instances when the diversion or use of water is considered a trespass. This bill contains other related provisions and other existing laws. (Based on 05/18/2023 text) Page 4 of 16 Page 108 of 122 AB 1563 (Bennett, D) Groundwater sustainability agency: groundwater extraction permit: verification. Status: 07/14/2023 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was GOV. & F. on 6/22/2023)(May be acted upon Jan 2024) Location: 07/14/2023 - Senate 2 YEAR Summary: Current law authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin and imposes specified duties upon that agency or combination of agencies, as provided. Current law authorizes a groundwater sustainability agency to request of the county, and requires a county to consider, that the county forward permit requests for the construction of new groundwater wells, the enlarging of existing groundwater wells, and the reactivation of abandoned groundwater wells to the agency before permit approval. This bill would instead require a county to forward permit requests for the construction of new groundwater wells, the enlarging of existing groundwater wells, and the reactivation of abandoned groundwater wells to the groundwater sustainability agency before permit approval. (Based on 06/28/2023 text) AB 1573 (Friedman, D) Water conservation: landscape design: model ordinance. Status: 09/14/2023 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was INACTIVE FILE on 9/7/2023)(May be acted upon Jan 2024) Location: 09/14/2023 - Senate 2 YEAR Summary: The Water Conservation in Landscaping Act provides for a Model Water Efficient Landscape Ordinance that is adopted and updated at least every 3 years by the Department of Water Resources, unless the department makes a specified finding. Current law requires a local agency to adopt the model ordinance or to adopt a water efficient landscape ordinance that is at least as effective in conserving water as the updated model ordinance, except as specified. Current law specifies the provisions of the updated model ordinance, as provided. Current law includes a related statement of legislative findings and declarations. This bill would require the updated model ordinance to include provisions that require that plants included in a landscape design plan be selected based on their adaptability to climatic, geological, and topographical conditions of the project site, as specified. The bill would also exempt landscaping that is part of a culturally specific project, as defined, ecological restoration projects that do not require a permanent irrigation system, mined-land reclamation projects that do not require a permanent irrigation system, and existing plant collections, as part of botanical gardens and arboretums open to the public, from the model ordinance. The bill would require the updated model ordinance to include provisions that, among other changes, prohibit the use of traditional overhead sprinklers on all new and rehabilitated landscapes and require that new and rehabilitated landscapes use only water efficient irrigation devices. (Based on 09/01/2023 text) AB 1597 (Alvarez, D) Water quality: California-Mexico cross-border rivers. Status: 07/14/2023 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was E.Q. on 6/14/2023)(May be acted upon Jan 2024) Location: 07/14/2023 - Senate 2 YEAR Summary: Would authorize, upon appropriation by the Legislature in the annual Budget Act or another statute, funds to be made available to the North American Development Bank (NADBank) for loans, grants, and direct expenditures to address water quality problems arising in the California-Mexico cross-border rivers. The bill would require the funding to be available for specified purposes, as provided, including water quality projects for the Tijuana River, and would make 10% of the funding available for the administrative costs of implementing these provisions. The bill would authorize funding provided for activities or projects in the State of Baja California to be provided through direct expenditures and for grants to an eligible funding recipient authorized to work in Mexico under a specified circumstance. The bill would authorize grant funding to be Page 5 of 16 Page 109 of 122 conditioned on enforceability and accountability mechanisms agreed upon by the North American Development Bank and the recipient, with the concurrence of the State Water Resources Control Board. The bill would require the California Environmental Protection Agency to notify the leadership office in each house of the Legislature on cross-border collaboration and the expenditure of the funding, as provided. (Based on 06/22/2023 text) AB 1820 (Schiavo, D) Housing development projects: applications: fees and exactions. Status: 02/21/2024 - Re-referred to Com. on H. & C.D. Location: 01/29/2024 - Assembly Housing and Community Development Summary: Current law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined, and would require the local agency to provide the estimate within 10 business days of the submission of the preliminary application. (Based on 02/20/2024 text) AB 1827 (Papan, D) Local government: fees and charges: water: higher-consumptive water parcels. Status: 01/29/2024 - Referred to Com. on L. GOV. Location: 01/29/2024 - Assembly Local Government Summary: The California Constitution specifies various requirements with respect to the levying of assessments and property- related fees and charges by a local agency, including requiring that the local agency provide public notice and a majority protest procedure in the case of assessments and submit property-related fees and charges for approval by property owners subject to the fee or charge or the electorate residing in the affected area following a public hearing. This bill would provide that the fees or charges for property-related water service imposed or increased, as specified, may include the incrementally higher costs of water service due to specified factors, including the higher water usage demand of parcels. The bill would provide that the costs associated with higher water usage demands, the maximum potential water use, or a projected peak water usage demand may be allocated using any method that reasonably assesses the water service provider’s cost of serving those parcels that are increasing potential water usage demand, maximum potential water use, or project peak water use demand. (Based on 01/12/2024 text) AB 2079 (Bennett, D) Sustainable Groundwater Management Act: groundwater basins. Status: 02/06/2024 - From printer. May be heard in committee March 7. Location: 02/05/2024 - Assembly PRINT Summary: The Sustainable Groundwater Management Act authorizes the State Water Resources Control Board to designate a groundwater basin as a probationary basin if the state board makes a certain determination and to develop an interim plan for the probationary basin. The act requires that a local agency or groundwater sustainability agency have 180 days to remedy the deficiency if the board designates the basin as a probationary basin. This bill would make nonsubstantive changes to the latter provision. (Based on 02/05/2024 text) AB 2171 (Bennett, D) Water: Department of Water Resources. Status: 02/08/2024 - From printer. May be heard in committee March 9. Location: 02/07/2024 - Assembly PRINT Page 6 of 16 Page 110 of 122 Summary: Current law establishes in the Natural Resources Agency the Department of Water Resources, which is under the control of the Director of Water Resources. Current law provides for the appointment of the director by the Governor, subject to confirmation by the Senate. This bill would make nonsubstantive changes to that provision. (Based on 02/07/2024 text) AB 2172 (Wallis, R) Irrigation districts: water distribution. Status: 02/08/2024 - From printer. May be heard in committee March 9. Location: 02/07/2024 - Assembly PRINT Summary: The Irrigation District Law requires all water distributed by districts for irrigation purposes, except as provided, to be apportioned ratably to each landowner upon the basis of a specified ratio. The law also authorizes the landowner to assign for use within the district the right to the whole or any portion of the water apportioned to that landowner. This bill would make nonsubstantive changes to that authorization. (Based on 02/07/2024 text) AB 2257 (Wilson, D) Local government: property-related water and sewer fees and assessments: remedies. Status: 02/26/2024 - Referred to Coms. on JUD. and L. GOV. Location: 02/26/2024 - Assembly Judiciary Summary: The California Constitution specifies various requirements with respect to the levying of assessments and property-related fees and charges by a local agency. The California Constitution includes a public notice and a majority protest procedure in the case of assessments and procedures for submitting property-related fees and charges for approval by property owners subject to the fee or charge or to the electorate residing in the affected area following a public hearing. Current law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with these requirements. This bill would prohibit, if a local agency complies with specified procedures, a person or entity from bringing a judicial action or proceeding alleging noncompliance with the constitutional provisions for any new, increased, or extended fee or assessment, as defined, unless that person or entity has timely submitted to the local agency a written objection to that fee or assessment that specifies the grounds for alleging noncompliance, as specified. (Based on 02/08/2024 text) AB 2409 (Papan, D) Office of Planning and Research: permitting accountability transparency dashboard. Status: 02/13/2024 - From printer. May be heard in committee March 14. Location: 02/12/2024 - Assembly PRINT Summary: Would require the Office of Planning and Research, on or before January 1, 2026, to create and maintain, as specified, a permitting accountability transparency internet website (dashboard). The bill would require the dashboard to include a display for each permit to be issued by specified state agencies for all covered projects. The bill would define various terms for these purposes. The bill would also require the dashboard to include, but not be limited to, information for each permit to be issued by a state agency that is required for the completion of the project, including, among other requirements, the permit application submission date. The bill would require each state agency with a responsibility for issuing a permit for a covered project to provide information in the appropriate time and manner as determined by the office. (Based on 02/12/2024 text) AB 2515 (Papan, D) Menstrual products: perfluoroalkyl and polyfluoroalkyl substances (PFAS). Status: 02/14/2024 - From printer. May be heard in committee March 15. Page 7 of 16 Page 111 of 122 Location: 02/13/2024 - Assembly PRINT Summary: Current law, beginning January 1, 2025, prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined. This bill would similarly prohibit any person from selling in the state any menstrual products that contain regulated PFAS, as defined. The bill would require, no later than January 1, 2027, the Department of Toxic Substances Control (DTSC), in consultation with the State Department of Public Health, to identify and assess the hazards of chemicals or chemical classes that can provide the same or similar function in menstrual products as regulated PFAS and that can impact vulnerable populations and to make this information publically available on the DTSC’s internet website. The bill would authorize the department to adopt regulations, as specified, for the purposes of implementing and enforcing these provisions. The bill would make a violation of these provisions punishable by civil fines, as specified, and would make any fine or order by the department appealable to the Board of Environmental Safety. The bill would create, and would require all fines collected by the department to be deposited in, the T.A.M.P.O.N. Act Fund. The bill would also authorize any person to bring an action in superior court for a violation of this prohibition, and would authorize the court to grant injunctive relief. (Based on 02/13/2024 text) AB 2517 (Fong, Vince, R) Water: water districts: irrigation districts: debris removal. Status: 02/14/2024 - From printer. May be heard in committee March 15. Location: 02/13/2024 - Assembly PRINT Summary: Would state the intent of the Legislature to enact subsequent legislation to streamline the process for water districts and irrigation districts to remove debris in waterways. (Based on 02/13/2024 text) AB 2614 (Ramos, D) Water. Status: 02/15/2024 - From printer. May be heard in committee March 16. Location: 02/14/2024 - Assembly PRINT Summary: Current law declares that, because of the conditions prevailing in this state, the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of the water is to be exercised with a view to the reasonable and beneficial use of the water in the interest of the people and for the public welfare. This bill would make nonsubstantive changes to that declaration. (Based on 02/14/2024 text) AB 2661 (Soria, D) Water: storage capacity. Status: 02/15/2024 - From printer. May be heard in committee March 16. Location: 02/14/2024 - Assembly PRINT Summary: Current law requires the Department of Water Resources to operate the State Water Resources Development System, known as the State Water Project, to supply water to persons and entities in the state. This bill would state the intent of the Legislature to enact subsequent legislation to increase statewide water storage capacity. (Based on 02/14/2024 text) AB 2735 (Rubio, Blanca, D) Joint powers agreements: public utilities. Status: 02/16/2024 - From printer. May be heard in committee March 17. Location: 02/15/2024 - Assembly PRINT Page 8 of 16 Page 112 of 122 Summary: Current law authorizes 2 or more local public entities, or a mutual water company and a public agency, to provide insurance, as specified, by a joint powers agreement. Current law authorizes local public entities or a mutual water company and a public agency to enter into a joint powers agreement for the purposes of risk-pooling, as specified. This bill would authorize a public utility, as defined, to enter into a joint powers agreement with a public agency for the purpose of jointly exercising any power common to the contracting parties. The bill would also authorize a public utility and one or more public agencies to provide insurance, as specified, by a joint powers agreement. The bill would also authorize a public utility and one or more public agencies to enter into a joint powers agreement for the purposes of risk-pooling, as specified. (Based on 02/15/2024 text) AB 2761 (Hart, D) Product safety: plastic packaging: Reducing Toxics in Packaging Act. Status: 02/16/2024 - From printer. May be heard in committee March 17. Location: 02/15/2024 - Assembly PRINT Summary: Would enact the Reducing Toxics in Packaging Act, which would prohibit, beginning January 1, 2026, a person from manufacturing, selling, offering for sale, or distributing in the state plastic packaging that contains certain chemicals, as specified. The bill would exclude from that prohibition packaging used for certain medical, drug, and federally regulated products. The bill would authorize the imposition of a civil penalty for a violation of that prohibition, as specified. (Based on 02/15/2024 text) AB 2799 (Fong, Vince, R) Sustainable groundwater management: state agencies. Status: 02/16/2024 - From printer. May be heard in committee March 17. Location: 02/15/2024 - Assembly PRINT Summary: The Sustainable Groundwater Management Act requires all groundwater basins designated as high- or medium- priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater plans, except as specified. Current law requires all relevant state agencies, as described, to consider the policies of the act, and any groundwater sustainability plans adopted pursuant to the act, when revising or adopting policies, regulations, or criteria, or when issuing orders or determinations, where pertinent. This bill would make a nonsubstantive change to the latter requirement. (Based on 02/15/2024 text) AB 2813 (Aguiar-Curry, D) Government Investment Act. Status: 02/16/2024 - From printer. May be heard in committee March 17. Location: 02/15/2024 - Assembly PRINT Summary: The Legislature adopted ACA 1 at the 2023–24 Regular Session of the Legislature, which, if approved by the voters, would amend and add provisions of the California Constitution to (1) create an additional exception to the 1% limit on the ad valorem tax rate on real property by authorizing a local jurisdiction to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction; and (2) authorize a local jurisdiction to impose, extend, or increase a sales and use tax to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction. Pursuant to the existing law described above, ACA 1 is scheduled to appear on the ballot at the November 5, 2024, statewide general election. This bill would authorize a local government that imposes a tax under ACA 1 to commit revenues to affordable housing programs, including downpayment assistance, first-time home buyer programs, and owner-occupied affordable housing rehabilitation programs. The bill would require a local government to ensure that any project that is funded with ACA 1 bonded indebtedness Page 9 of 16 Page 113 of 122 or ACA 1 special taxes to have an estimated useful life of at least 15 years or 5 years if the funds are for specified public safety buildings, facilities, and equipment. (Based on 02/15/2024 text) AB 2894 (Gallagher, R) Urban water use targets: indoor residential water use. Status: 02/16/2024 - From printer. May be heard in committee March 17. Location: 02/15/2024 - Assembly PRINT Summary: Existing law requires the state to achieve a 20% reduction in urban per capita water use in California. Existing law requires each urban retail water supplier to develop urban water use targets and an interim urban water use target, as specified, and states the intent of the Legislature that the urban water use targets cumulatively result in a 20% reduction from the baseline daily per capita water use. Existing law requires the Department of Water Resources to develop technical methodologies and criteria, as provided, for purposes of these provisions. This bill would make a nonsubstantive change to the provision requiring the department to develop technical methodologies and criteria. (Based on 02/15/2024 text) AB 3012 (Grayson, D) Cities: legislative body: water. Status: 02/17/2024 - From printer. May be heard in committee March 18. Location: 02/16/2024 - Assembly PRINT Summary: Current law relating to the government of cities authorizes the legislative body of a city to engage in specified acts relating to municipal water supply and infrastructure. This bill would make nonsubstantive changes to this provision. (Based on 02/16/2024 text) AB 3073 (Haney, D) Wastewater testing: illicit substances. Status: 02/17/2024 - From printer. May be heard in committee March 18. Location: 02/16/2024 - Assembly PRINT Summary: Would require the State Water Resources Control Board to create a program to test for illicit substances, including, but not limited to, cocaine, fentanyl, methamphetamine, and morphine, in wastewater, as provided. The bill would require local sanitation agencies to collect wastewater sample for testing by the state board. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. The bill would require the state board to transmit the results of its wastewater testing to the State Department of Public Health for the department to post on its internet website. (Based on 02/16/2024 text) AB 3157 (Papan, D) California Water District Law. Status: 02/17/2024 - From printer. May be heard in committee March 18. Location: 02/16/2024 - Assembly PRINT Summary: The California Water District Law (CWDL) authorizes a water district, by using any water or water supplies furnished to the district or used by the district, to construct, maintain, and operate plants for the generation of hydroelectric power from those water and transmission lines for the conveyance of that power. The CWDL authorizes a water district to join with any other district engaged in distributing water in exercising the powers granted to the district pursuant to that authorization, as described, or to execute joint power agreements with any agency formed for that purpose. This bill would make a nonsubstantive change to the latter authorization. (Based on 02/16/2024 text) Page 10 of 16 Page 114 of 122 ACA 2 (Alanis, R) Public resources: Water and Wildfire Resiliency Act of 2023. Status: 04/20/2023 - Referred to Coms. on W., P., & W. and NAT. RES. Location: 04/20/2023 - Assembly Water, Parks and Wildlife Summary: Would establish the Water and Wildfire Resiliency Fund within the State Treasury, and would require the Treasurer to annually transfer an amount equal to 3% of all state revenues that may be appropriated as described from the General Fund to the Water and Wildfire Resiliency Fund. The measure would require the moneys in the fund to be appropriated by the Legislature and would require that 50% of the moneys in the fund be used for water projects, as specified, and that the other 50% of the moneys in the fund be used for forest maintenance and health projects, as specified. (Based on 12/05/2022 text) SB 231 (Hurtado, D) Department of Water Resources: water supply forecasting. Status: 09/01/2023 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 8/23/2023) (May be acted upon Jan 2024) Location: 09/01/2023 - Assembly 2 YEAR Summary: Would require the Department of Water Resources, on or before December 31, 2025, to establish a formal process for annually evaluating and improving the accuracy of its water supply forecasts, adopt a new water supply forecasting model that better addresses the effects of climate change, and implement a formal policy and procedures for documenting its operational plans for the state’s water supply and its rationale for its operating procedures. The bill would require the department, by December 1, 2024, to prepare, and submit to the Legislature, a report on its progress toward meeting these requirements. (Based on 07/12/2023 text) SB 328 (Dodd, D) Political Reform Act of 1974: contribution limits. Status: 09/01/2023 - September 1 hearing: Held in committee and under submission. Location: 08/23/2023 - Assembly APPR. SUSPENSE FILE Summary: The Political Reform Act of 1974 prohibits a person, other than a small contributor committee or political party committee, from making to a candidate for elective state, county, or city office, and prohibits those candidates from accepting from a person, a contribution totaling more than $3,000 per election, as that amount is adjusted by the Fair Political Practices Commission in January of every odd-numbered year to reflect changes in the Consumer Price Index. This bill would apply those contribution limits to candidates for school district, community college district, and other special district elections. The bill would make certain other provisions of the act relating to contribution limits applicable to candidates for district office. However, the bill would authorize school districts, community college districts, and other special districts to impose contribution limits on candidates for district office that differ from the limits imposed by the act, as provided. (Based on 06/28/2023 text) SB 366 (Caballero, D) The California Water Plan: long-term supply targets. Status: 07/14/2023 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was W.,P. & W. on 6/8/2023)(May be acted upon Jan 2024) Location: 07/14/2023 - Assembly 2 YEAR Summary: Current law requires the Department of Water Resources to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as “The California Water Plan.” Current law requires the department to include a discussion of various strategies in the plan Page 11 of 16 Page 115 of 122 update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, water transfers, and alternative pricing policies that may be pursued in order to meet the future needs of the state. Current law requires the department to establish an advisory committee to assist the department in updating the plan. This bill would revise and recast certain provisions regarding The California Water Plan to, among other things, require the department to instead establish a stakeholder advisory committee and to expand the membership of the committee to include tribes, labor, and environmental justice interests. The bill would require the department to coordinate with the California Water Commission, the State Water Resources Control Board, other state and federal agencies as appropriate, and the stakeholder advisory committee to develop a comprehensive plan for addressing the state’s water needs and meeting specified long-term water supply targets established by the bill for purposes of The California Water Plan. The bill would require the plan to provide recommendations and strategies to ensure enough water supply for all beneficial uses. (Based on 06/29/2023 text) SB 414 (Allen, D) Climate change: applications using hydrogen: assessment. Status: 09/01/2023 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 8/16/2023) (May be acted upon Jan 2024) Location: 09/01/2023 - Assembly 2 YEAR Summary: Would, on or before December 31, 2025, require the State Air Resources Board, in consultation with the State Energy Resources Conservation and Development Commission (Energy Commission) and the Public Utilities Commission (PUC), upon appropriation by the Legislature, to complete an assessment of the use of hydrogen in certain applications, as specified. The bill would require the assessment to incorporate the findings of, and not duplicate, the above-described evaluation. The bill would require the state board, the Energy Commission, and the PUC to consider the findings in the assessment in their plans, rulemakings, reports, or other process related to the planning, implementation, or regulation of hydrogen production, distribution, storage, or usage in the state. (Based on 05/18/2023 text) SB 651 (Grove, R) California Environmental Quality Act: groundwater recharge projects: Judicial Council rules of court. Status: 07/14/2023 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was NAT. RES. on 6/20/2023)(May be acted upon Jan 2024) Location: 07/14/2023 - Assembly 2 YEAR Summary: Would require the Judicial Council to adopt a rule of court to establish procedures requiring actions or proceedings brought to attack, review, set aside, void, or annul the certification of an environmental impact report, or the granting of any project approvals, for groundwater recharge projects, as described, except as provided, that implement a groundwater sustainability plan or an interim groundwater sustainability plan, as described, that would require the actions or proceedings, including any appeals, to be resolved within 270 days of the filing of the certified record of proceedings with the court. The bill would also include a related statement of legislative intent. (Based on 06/22/2023 text) SB 867 (Allen, D) Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024. Status: 07/06/2023 - July 10 hearing postponed by committee. Location: 06/20/2023 - Assembly Natural Resources Summary: Would enact the Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024, which, if approved by the voters, would authorize the issuance of Page 12 of 16 Page 116 of 122 bonds in the amount of $15,500,000,000 pursuant to the State General Obligation Bond Law to finance projects for drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature- based climate solutions, climate smart agriculture, park creation and outdoor access, and clean energy programs. (Based on 06/22/2023 text) SB 937 (Wiener, D) Development projects: permits and other entitlements: fees and charges. Status: 02/21/2024 - Referred to Coms. on L. GOV. and HOUSING. Location: 02/21/2024 - Senate Local Government Summary: The Planning and Zoning Law requires each county and each city to adopt a comprehensive, long-term general plan for its physical development, and the development of specified land outside its boundaries, that includes, among other mandatory elements, a housing element. The Permit Streamlining Act, among other things, requires a public agency that is the lead agency for a development project to approve or disapprove that project within specified time periods. Current law extended by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before, and was in effect on, March 4, 2020, and that would expire before December 31, 2021, except as specified. Current law provides that if the state or a local agency extended the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months, as specified, that housing entitlement would not be extended an additional 18 months pursuant to these provisions. This bill would extend by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before January 1, 2024, and that will expire before December 31, 2025, except as specified. The bill would toll this 18-month extension during any time that the housing entitlement is the subject of a legal challenge. (Based on 01/17/2024 text) SB 1072 (Padilla, D) Local government: Proposition 218: remedies. Status: 02/21/2024 - Referred to Com. on L. GOV. Location: 02/21/2024 - Senate Local Government Summary: The California Constitution sets forth various requirements for the imposition of local taxes. The California Constitution excludes from classification as a tax assessments and property-related fees imposed in accordance with provisions of the California Constitution that establish requirements for those assessments and property-related fees. Under these requirements, an assessment is prohibited from being imposed on any parcel if it exceeds the reasonable cost of the proportional special benefit conferred on that parcel, and a fee or charge imposed on any parcel or person as an incident of property ownership is prohibited from exceeding the proportional cost of the service attributable to the parcel. This bill would require, if a property-related fee or charge creates revenues in excess of the local government’s reasonable cost of providing the specific benefit or specific government service, that the excess revenues be used only to reduce the subsequently adopted and following property-related fee or charge. The bill would declare that this provision is declaratory of existing law. (Based on 02/12/2024 text) SB 1110 (Ashby, D) Urban retail water suppliers: informational order: conservation order. Status: 02/21/2024 - Referred to Com. on N.R. & W. Location: 02/21/2024 - Senate Natural Resources and Water Summary: Current law authorizes the State Water Resources Control Board, on and after January 1, 2024, to issue informational orders pertaining to water production, water use, and water conservation to an urban retail water supplier that does not meet its urban water use objective. Current law requires the board to consider certain information in determining whether to issue an informational order. This bill would require the board to additionally consider lower cost actions the water Page 13 of 16 Page 117 of 122 supplier has implemented or will implement in order to help the water supplier achieve overall water supply resiliency in determining whether to issue an informational order. (Based on 02/13/2024 text) SB 1121 (Grove, R) Recycled water: onsite treated nonpotable water systems: local jurisdiction permitting. Status: 02/21/2024 - Referred to Com. on E.Q. Location: 02/21/2024 - Senate Environmental Quality Summary: Current law requires the State Water Resources Control Board, in consultation with the California Building Standards Commission and the Department of Housing and Community Development, to adopt regulations for risk-based water quality standards for the onsite treatment and reuse of nonpotable water, and requires a local jurisdiction that elects to establish a program for onsite treated nonpotable water systems to establish design criteria, permitting, cross-connection control, and enforcement procedures, as provided. This bill would require those local jurisdictions to ensure their permitting procedures require the approval of a permit for an onsite treated nonpotable water system within 60 days from the date the permit application is submitted if the application demonstrates that the project meets or exceeds the state board’s water quality standards for the onsite treatment and reuse of nonpotable water for nonpotable uses in multifamily residential, commercial, and mixed-use buildings. (Based on 02/13/2024 text) SB 1147 (Portantino, D) Drinking water: bottled water: microplastics levels. Status: 02/21/2024 - Referred to Com. on E.Q. Location: 02/21/2024 - Senate Environmental Quality Summary: Would require, among other things, the Office of Environmental Health Hazard Assessment (OEHHA) to study the health impacts of microplastics in drinking water, including bottled water, in order to evaluate and identify safe and unsafe levels of microplastics in those types of water, and, on or before January 1, 2026, to develop and deliver to the State Water Resources Control Board, among other things, public health standards and goals for a safe level of microplastics in those waters. The bill would require the state board, on or before January 1, 2028, to adopt and implement those public health standards and goals developed and delivered by OEHHA, and to provide those public health standards and goals to local water agencies, along with other specified information provided by OEHHA. The bill would also require the state board to establish testing and reporting requirements for an annual testing of microplastics in bottled water sold in or into this state, as specified. (Based on 02/14/2024 text) SB 1156 (Hurtado, D) Groundwater sustainability agencies: financial disclosures. Status: 02/21/2024 - Referred to Coms. on N.R. & W. and E. & C.A. Calendar: 04/09/24 S-NATURAL RESOURCES AND WATER 9 a.m. - 1021 O Street, Room 2100 and 1:30 p.m. - State Capitol, Room 112, if necessary MIN, DAVE, Chair Location: 02/21/2024 - Senate Natural Resources and Water Summary: The Sustainable Groundwater Management Act requires all groundwater basins designated as high- or medium- priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans, except as specified. Existing law requires a groundwater sustainability plan to be developed and implemented for each medium- or high-priority basin by a groundwater sustainability agency. Current law authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin, as provided. Current provisions of the Political Reform Act of 1974 prohibit a public official from making, participating in making, or attempting to use their official position to influence a governmental decision in which they know or have reason to know that they have a financial interest, as defined. However, current law permits a public official to make or participate in the making of a governmental decision, even if the public official knows or has reason to know that the official Page 14 of 16 Page 118 of 122 has a financial interest, if the official’s participation is legally required for the action or decision to be made. Current law makes a knowing or willful violation of the act a misdemeanor and subjects offenders to criminal penalties. This bill would require members of the executive team, board of directors, and other groundwater management decision makers of groundwater sustainability agencies to annually disclose any economic or financial interests pursuant to the Political Reform Act of 1974 that may reasonably be considered to affect their decision-making related to groundwater management, as provided. (Based on 02/14/2024 text) SB 1210 (Skinner, D) New housing construction: electrical, gas, sewer, and water service connections: charges. Status: 02/29/2024 - Referred to Coms. on E., U. & C. and L. GOV. Location: 02/29/2024 - Senate Energy, Utilities and Communications Summary: Current law defines the term “public utility” for certain purposes to include, among other corporations, every gas corporation, electrical corporation, water corporation, and sewer system corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof. This bill would, for new housing construction, prohibit a connection, capacity, or other point of connection charge from a public utility, as defined, or a special district, as defined, for electrical, gas, sewer, or water service from exceeding 1% of the reported building permit value of that housing unit. The bill would require a public utility or special district to issue an above-described charge over a period of at least 10 years commencing on the date when the housing unit is first occupied, as specified. The bill would require a public utility to publicly report on its internet website the amount of any charge issued each year pursuant the above-described provision by the housing unit’s address. (Based on 02/15/2024 text) SB 1218 (Newman, D) Water: emergency water supplies. Status: 02/29/2024 - Referred to Com. on N.R. & W. Location: 02/29/2024 - Senate Natural Resources and Water Summary: Would declare that it is the established policy of the state to encourage and incentivize, but not mandate, the development of emergency water supplies, and to support their use during times of water shortage. (Based on 02/15/2024 text) SB 1330 (Archuleta, D) Urban retail water supplier: water use. Status: 02/29/2024 - Referred to Com. on N.R. & W. Location: 02/29/2024 - Senate Natural Resources and Water Summary: Current law requires the Department of Water Resources, in coordination with the State Water Resources Control Board, to conduct necessary studies and investigations, and recommend for adoption by the board appropriate variances for unique uses that can have a material effect on an urban retail water supplier’s urban water use objective. Current law requires the department, in recommending variances, to also recommend a threshold of significance for each recommended variance. Current law requires an urban retail water supplier to request and receive approval by the board for inclusion of a variance in calculating their water use objective. Current law requires the board to post specified information on its internet website relating to variances, including a list of all urban retail water suppliers with approved variances. This bill would require the board to adopt variances recommended by the department for unique uses that can have a material effect on an urban retail water supplier’s urban water use objective. The bill would provide that variances adopted by the board shall not be subject to a threshold of significance. The bill would require an urban retail water supplier to self-certify the amount of water included in its urban water use objective that is attributable to a variance. The bill would require the board to randomly audit a select number of variances each year to ensure the self-certifications are based on variances adopted by the board. (Based on 02/16/2024 text) Page 15 of 16 Page 119 of 122 SB 1390 (Caballero, D) Groundwater recharge: floodflows: diversion. Status: 02/29/2024 - Referred to Com. on N.R. & W. Location: 02/29/2024 - Senate Natural Resources and Water Summary: Current law declares that all water within the state is the property of the people of the state, but the right to the use of the water may be acquired by appropriation in the manner provided by law. Current law requires the appropriation to be for some useful or beneficial purpose. Current law provides, however, that the diversion of flood flows for groundwater recharge does not require an appropriative water right if certain conditions are met, including that a local or regional agency has adopted a local plan of flood control or has considered flood risks part of its most recently adopted general plan. Current law also requires the person or entity making the diversion to file with the State Water Resources Control Board a final report after the diversions cease, as provided. These requirements apply to diversions commenced before January 1, 2029. This bill would extend the operation of these requirements to diversions commenced before January 1, 2034. The bill would revise, recast, and expand the conditions that are required to be met to include a requirement that a local or regional agency make a declaration that its proposed diversion is in accordance with one of certain enumerated plans relating to flood control or flood risk, as specified, or a county emergency operations plan. (Based on 02/16/2024 text) Page 16 of 16 Page 120 of 122 ITEM NO. 14.1. AGENDA REPORT MEETING DATE: March 14, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Meetings from March 15 - April 30, 2024 Event Date Time Attendance By SAWPA Commission Tue, Mar 19 9:30 AM CalMutuals Board Tue, Mar 19 2:00 PM Barbre Yorba Linda City Council Tue, Mar 19 6:30 PM Hawkins Placentia City Council Tue, Mar 19 7:00 PM DesRoches Brea City Council Tue, Mar 19 7:00 PM Lindsey MWDOC Board Wed, Mar 20 8:30 AM Lindsey OCWA Meeting Wed, Mar 20 11:30 AM OCWD Board Wed, Mar 20 5:30 PM DesRoches Board of Directors Special Meeting Tue, Mar 26 8:30 AM OC San Board Wed, Mar 27 6:00 PM Hawkins YL Planning Commission Wed, Mar 27 6:30 PM Hawkins (As Needed) Board of Directors Regular Meeting Thu, Mar 28 8:30 AM OCCOG Conference Thu, Mar 28 9:00 AM Hernandez SAWPA Commission Tue, Apr 2 9:30 AM Yorba Linda City Council Tue, Apr 2 6:30 PM Lindsey Brea City Council Tue, Apr 2 7:00 PM Hawkins Placentia City Council Tue, Apr 2 7:00 PM Hernandez MWDOC Board Wed, Apr 3 8:30 AM Lindsey OCWD Board Wed, Apr 3 5:30 PM DesRoches WACO Fri, Apr 5 7:30 AM Financial Review Group Tue, Apr 9 8:00 AM DesRoches/Lindsey MWDSC Board Tue, Apr 9 1:00 PM OC LAFCO Commission Wed, Apr 10 8:15 AM YL Planning Commission Wed, Apr 10 6:30 PM Hawkins (As Needed) Board of Directors Regular Meeting Thu, Apr 11 8:30 AM SAWPA Commission Tue, Apr 16 9:30 AM CalMutuals Board Tue, Apr 16 2:00 PM Barbre PYLUSD Board Tue, Apr 16 6:00 PM Hernandez Yorba Linda City Council Tue, Apr 16 6:30 PM DesRoches Placentia City Council Tue, Apr 16 7:00 PM Hernandez Page 121 of 122 Brea City Council Tue, Apr 16 7:00 PM MWDOC Board Wed, Apr 17 8:30 AM Lindsey OCWA Meeting Wed, Apr 17 11:30 AM OCWD Board Wed, Apr 17 5:30 PM DesRoches MWDOC/OCWD Joint Planning Committee Wed, Apr 24 8:30 AM Lindsey/DesRoches OC San Board Wed, Apr 24 6:00 PM Hawkins YL Planning Commission Wed, Apr 24 6:30 PM Hawkins (As Needed) Board of Directors Regular Meeting Thu, Apr 25 8:30 AM ISDOC Quarterly Meeting Thu, Apr 25 11:30 AM As of March 6, 2024 Page 122 of 122