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Home My WebLink About2024-09-12 - Board of Directors Meeting Agenda Packet AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, September 12, 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/89912267747 Telephone: (669) 444-9171 or (669) 900-6833 Meeting ID: 899 1226 7747 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. AB2449 TELECONFERENCE REQUESTS 7. 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) 8. ELECTED OFFICIAL LIAISON REPORTS 9. 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. 9.1. Request from David Deese to Discuss Customer Service, Responses from YLWD, and Issues with Leaking Residential Water Meter 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. Page 1 of 165 10.1. Highland Reservoir Access Road Improvements Recommendation: That the Board of Directors provide direction to staff whether to proceed with preparing Terms and Conditions (for Board approval) and a development agreement with the project developer, Nick Diaz, regarding proposed improvements to an access road adjacent to the District's Highland Reservoir on District property. 11. PRESENTATIONS 11.1. Congressional Update by Townsend Public Affairs 11.2. Classification and Compensation Study Overview by Gallagher Benefit Services 12. 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. 12.1. Minutes of the Board of Directors Meetings Held July 11-31, 2024 Recommendation: That the Board of Directors approve the minutes as presented. 12.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $3,174,734.18. 12.3. Cash and Investment Reports for Month Ended July 31, 2024 Recommendation: That the Board of Directors receive and file the Cash and Investment Reports for Month Ended July 31, 2024. 12.4. Amendments to Conflict of Interest Code Recommendation: That the Board of Directors adopt Resolution No. 2024-XX adopting a Conflict of Interest Code which supersedes all prior conflict of interest codes and amendments previously adopted. 12.5. Notice of Exemption for FY24-25 Waterline Replacement Placentia Project Recommendation: That the Board of Directors consent to filing the Notice of Exemption (NOE) with the Orange County Clerk Recorder's office for the FY24- 25 Waterline Replacement Placentia Project, Job No. J- 2024-20. 12.6. Notice of Exemption for FY24-25 Fire Flow Enhancement at PYLUSD Schools Project Recommendation: That the Board of Directors consent to filing the Notice of Exemption (NOE) with the Orange County Clerk Recorder's office for the FY24- 25 Fire Flow Enhancement at PYLUSD Schools Project, Job No. J- 2024-29. 12.7. Terms and Conditions for Water Service with MPSM Management Revocable Family Trust, 2095 East Orangethorpe Avenue Recommendation: That the Board of Directors approve the Terms and Conditions for Water Service with MPSM Management Revocable Family Trust, 2095 East Orangethorpe Avenue, Job No. J-2024-57. 12.8. Declaration of Restrictive Covenants at 4845 Main Street with the Yorba Linda Masonic Temple Association Recommendation: That the Board of Directors authorize the Board President Page 2 of 165 and General Manager to execute a Declaration of Restrictive Covenants with the Yorba Linda Masonic Temple Association at 4845 Main Street. 13. ACTION CALENDAR CONTINUED 13.1. Agency Designated Representative's Summary Recommendation Regarding Labor Negotiations with Unrepresented Employee (General Manager), and Proposed Second Amendment to Employment Agreement for Position of General Manager Recommendation: That the Board of Directors (1) approve the draft Second Amendment to the Employment Agreement for the Position of General Manager as negotiated by the District's Designated Representative; and (2) adopt Resolution No. 2024-XX approving the Classification and Salary for the General Manager effective July 1, 2024 and rescinding Resolution No. 2024-03. 13.2. Position on California Proposition 4 Recommendation: That the Board of Directors determine whether to adopt a resolution supporting or opposing Proposition 4 at a future meeting. 13.3. Urban Water Institute Board Chair's Circle Membership Recommendation: That the Board of Directors consider becoming a founding member of Urban Water Institute's Board Chair's Circle. 14. DISCUSSION ITEMS CONTINUED 14.1. Developing a Value Proposition for the YLWD 14.2. Board of Directors' Travel and Expense Reimbursement Policy 15. REPORTS, INFORMATION ITEMS, AND COMMENTS 15.1. Director's Reports 15.2. General Manager's Report 15.3. General Counsel's Report 15.4. Future Agenda Items and Staff Tasks 16. COMMITTEE REPORTS 16.1. Interagency Committee with MWDOC and OCWD DesRoches / Lindsey 16.2. Joint Agency Committee with City of Yorba Linda Lindsey / DesRoches 16.3. Joint Agency Committee with City of Placentia Lindsey / Hernandez 16.4. Joint Agency Committee with City of Brea Barbre / Hernandez 16.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Hernandez / Barbre 17. BOARD OF DIRECTORS ACTIVITY CALENDAR 17.1. Meetings from September 13 - October 31, 2024 18. ADJOURNMENT Page 3 of 165 18.1. A special Board meeting is scheduled Thursday, September 19, 2024 at 7:30 a.m. The next regular Board meeting is scheduled Thursday, September 26, 2024 at 7:30 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 165 ITEM NO. 9.1. AGENDA REPORT MEETING DATE: September 12, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Mark Toy, General Manager Doug Davert, Assistant General Manager John DeCriscio, Operations Manager SUBJECT: Request from David Deese to Discuss Customer Service, Responses from YLWD, and Issues with Leaking Residential Water Meter BACKGROUND: Staff received the attached request from David Deese to discuss customer service, responses from YLWD, and issues with a leaking residential water meter. Also attached is a copy of email correspondence with Mr. Deese along with a summary of service calls. ATTACHMENTS: 1. Request for Agenda Item 2. Correspondence 3. Service Call Summary Page 5 of 165 1 From:David Deese <ddeese@wipcb.com> Sent:Tuesday, August 27, 2024 11:04 AM To:Annie Alexander Cc:Mark Toy; Doug Davert; John DeCriscio; 'David Deese' Subject:RE: Request to Add Item to Board of Directors Meeting Agenda Attachments:Deese Residential Home.pdf Hello Annie, I am requesting from Mr. Toy, General Manager, to be placed on the next available agenda to appear before Board. The matters that I want to bring to the Boards attention involves Customer Service, Responses back from YWLD and issues with a residential leaking water meter. I have attached a PDF document with pictures. Thank you in advance for your assistance with this request. Sincerely, David Deese World International PCB (WIP) Phone (714) 289-2800 ext. 1001 cell (714) 231-8467 ddeese@wipcb.com From: Annie Alexander <aalexander@ylwd.com> Sent: Wednesday, August 14, 2024 5:01 PM To: ddeese@wipcb.com Cc: Mark Toy <mtoy@ylwd.com>; Doug Davert <ddavert@ylwd.com>; John DeCriscio <jdecriscio@ylwd.com> Subject: Request to Add Item to Board of Directors Meeting Agenda Hello Mr. Deese: Thank you for speaking with me earlier today. Below is the procedure for requesting an item to be placed on a Board meeting agenda. I see that our Assistant General Manager, Doug Davert, has also reached out to you. Please let us know if you have any questions related to the information provided. Thank you, Annie Alexander, MMC Sr. Executive Assistant | Board Secretary aalexander@ylwd.com Office: (714) 701-3021 | Cell: (657) 688-2163 1717 E. Miraloma Ave., Placentia, CA 92870 Page 6 of 165 2 L. Any member of the public may request that a matter directly related to District business be placed on the agenda of a regularly scheduled meeting of the Board, subject to the following conditions: 1. The request must be in writing and submitted to the General Manager together with supporting documents and information, if any, at least 10 days prior to the date of the meeting. 2. The General Manager shall be the sole judge of whether the public request is or is not a “matter directly related to District business” and if the matter is to be placed on a future agenda. The public member requesting the agenda item may appeal the General Manager’s decision at the next regular meeting of the Board. Any Director may request that the item be placed on the agenda of the Board’s next regular meeting. 3. No matter which is legally a proper subject for consideration by the Board in Closed Session shall be accepted. 4. The Board may place limitations on the total time to be devoted to a public request issue at any meeting, and may limit the time allowed for any one person to speak on the issue at the meeting. M. Any member of the public may request to present electronic material (such as a PowerPoint presentation) directly related to District business during Public Comments or in relation to a specific agenda item during a regularly scheduled meeting of the Board, subject to the following conditions: 1. The request must be made in writing and submitted to the General Manager together with all electronic materials at least 12 hours prior to the meeting. 2. The General Manager shall be the sole judge of whether the electronic material is or is not a “matter directly related to District business” and if the material is to be presented during a regularly scheduled Board meeting. The public member requesting to present the electronic material may appeal the General Manager’s decision at the next regular meeting of the Board. Any Director may request that the electronic material be presented at the Board’s next regular meeting. Page 7 of 165 Residential Home: David Deese Page 8 of 165 Page 9 of 165 Page 10 of 165 Page 11 of 165 Page 12 of 165 1 From:Mark Toy Sent:Wednesday, August 21, 2024 5:06 PM To:David Deese Cc:John DeCriscio; Doug Davert; Annie Alexander; Jeff McDonald; Ashley Belombre; Delia Lugo; Alicia Navarro Subject:RE: Your Recent Inquiry regarding Pressure Issues Mr. Deese, I acknowledge your response and your intent moving forward. Thank you. Mark Toy, P.E. * BC.WRE General Manager *Licensed in Arizona and Virginia mtoy@ylwd.com Office: (714) 701-3039 1717 E. Miraloma Ave., Placentia, CA 92870 From: David Deese <ddeese@wipcb.com> Sent: Wednesday, August 21, 2024 5:01 PM To: Mark Toy <mtoy@ylwd.com> Cc: John DeCriscio <jdecriscio@ylwd.com>; Doug Davert <ddavert@ylwd.com>; Annie Alexander <aalexander@ylwd.com>; Jeff McDonald <jmcdonald@ylwd.com>; Ashley Belombre <abelombre@ylwd.com>; Delia Lugo <dlugo@ylwd.com>; Alicia Navarro <anavarro@ylwd.com> Subject: RE: Your Recent Inquiry regarding Pressure Issues This is one of the issues I want to address with the Board, no responses. I also went to the front counter to ask a question about water pressure and pipes pinging and sent to the counter to the left. The gentleman that helped me could not give me any information about water pressure, how it can a Ưect a home or why water pipes “bang” and make noise. I was hoping your utility company could help with questions as to why and was not given any other person to talk too. ͔͕͖ An email was sent in the same fashion the other emails listed before arrived. FYI I will send a request soon, just a little buried with work. Page 13 of 165 2 Sincerely, David Deese World International PCB (WIP) Phone (714) 289-2800 ext. 1001 cell (714) 231-8467 ddeese@wipcb.com From: Mark Toy <mtoy@ylwd.com> Sent: Wednesday, August 21, 2024 4:37 PM To: ddeese@wipcb.com Cc: John DeCriscio <jdecriscio@ylwd.com>; Doug Davert <ddavert@ylwd.com>; Annie Alexander <aalexander@ylwd.com>; Jeff McDonald <jmcdonald@ylwd.com>; Ashley Belombre <abelombre@ylwd.com>; Delia Lugo <dlugo@ylwd.com>; Alicia Navarro <anavarro@ylwd.com> Subject: FYI: Your Recent Inquiry regarding Pressure Issues Good aŌernoon Mr. Deese, Page 14 of 165 3 Your Friday, 8/16 email to my AGM where you aƩached your 7/15 email was the first Ɵme I was aware that you were asking for my contact informaƟon. That said, since my noƟficaƟon, I had my OperaƟons Manager research all of the service calls that our YLWD team has conducted at your residence. I have the trouble-shooƟng reports and the work that was accomplished each Ɵme. 1. 4/6/2021: MalfuncƟoning water soŌener 2. 4/29/2024: Broken sprinkler line 3. 6/20/2024: Water leak 4. 6/28/2024: Remove grass and install new pipe I also now have obtained copies of the emails between you and my customer service representa Ɵve Ashley Belombre. My apologies that you did not receive a response when you used the info@ylwd.com. For future reference, you can reach me using the contact informaƟon shown below on my signature block. Now that I am aware regarding your situaƟon, I can conƟnue to work with you now, or you can proceed with the process to address our Board of Directors. If the later, please conƟnue to work with Ms. Annie Alexander. Please let me know your preference, and if I can answer any addiƟonal quesƟons. Thank you, Mark Toy, P.E. * BC.WRE General Manager *Licensed in Arizona and Virginia mtoy@ylwd.com Office: (714) 701-3039 1717 E. Miraloma Ave., Placentia, CA 92870 From: David Deese <ddeese@wipcb.com> Sent: Monday, August 19, 2024 10:16 AM To: Doug Davert <ddavert@ylwd.com> Cc: Mark Toy <mtoy@ylwd.com>; John DeCriscio <jdecriscio@ylwd.com>; Annie Alexander <aalexander@ylwd.com> Subject: RE: Your Recent Inquiry regarding Pressure Issues I actually do not need it now, wondered why it was never responded. Sincerely, David Deese World International PCB (WIP) Phone (714) 289-2800 ext. 1001 cell (714) 231-8467 ddeese@wipcb.com Page 15 of 165 4 From: Doug Davert <ddavert@ylwd.com> Sent: Monday, August 19, 2024 7:19 AM To: David Deese <ddeese@wipcb.com> Cc: Mark Toy <mtoy@ylwd.com>; John DeCriscio <jdecriscio@ylwd.com>; Annie Alexander <aalexander@ylwd.com> Subject: RE: Your Recent Inquiry regarding Pressure Issues Yes, sir. The District is overseen by General Manager Mark Toy. His email address is mtoy@ylwd.com. In his absence, you are always welcome to contact me as well. Mark is copied on this email. I have requested copies of all emails that you have sent to the District’s general mailbox for us to review in order to resolve your concerns.. Please let us know if there is anything else we can do for you. Thanks, Doug Davert Assistant General Manager ddavert@ylwd.com Office: (714) 701-3029 | Cell: (657) 688-2158 1717 E Miraloma Ave, Placentia CA 92870 From: David Deese <ddeese@wipcb.com> Sent: Friday, August 16, 2024 11:01 AM To: Doug Davert <ddavert@ylwd.com> Cc: Mark Toy <mtoy@ylwd.com>; John DeCriscio <jdecriscio@ylwd.com>; Annie Alexander <aalexander@ylwd.com> Subject: RE: Your Recent Inquiry regarding Pressure Issues Can you also look into this email I sent on July 7th whereas I never received a response? Page 16 of 165 5 Sincerely, David Deese World International PCB (WIP) Phone (714) 289-2800 ext. 1001 cell (714) 231-8467 ddeese@wipcb.com From: Doug Davert <ddavert@ylwd.com> Sent: Wednesday, August 14, 2024 5:20 PM To: David Deese <ddeese@wipcb.com> Cc: Mark Toy <mtoy@ylwd.com>; John DeCriscio <jdecriscio@ylwd.com>; Annie Alexander <aalexander@ylwd.com> Subject: RE: Your Recent Inquiry regarding Pressure Issues Thank you for the clarificaƟon. I will also look into the history regarding the meter leak. Annie will get you scheduled for a future board meeƟng, and we will take another look at the pressure issue next week. Regards, Doug Davert Assistant General Manager ddavert@ylwd.com Office: (714) 701-3029 | Cell: (657) 688-2158 1717 E Miraloma Ave, Placentia CA 92870 Page 17 of 165 6 From: David Deese <ddeese@wipcb.com> Sent: Wednesday, August 14, 2024 5:15 PM To: Doug Davert <ddavert@ylwd.com> Cc: Mark Toy <mtoy@ylwd.com>; John DeCriscio <jdecriscio@ylwd.com>; Annie Alexander <aalexander@ylwd.com>; 'David Deese' <ddeese@wipcb.com> Subject: RE: Your Recent Inquiry regarding Pressure Issues Hello Mr. Davert, The issues I would discuss with the Board would be about the issues I encountered with my recent water meter leaking. When I was dealing with City of YL, I copied the YLWD through emails with regards to what work was being done and issues that were coming up. During that time, no one ever responded back from YLWD to being copied on those mutual emails I was sending out or oƯered any assistance or making comment(s). I will send a document out to Annie Alexander for a hearing date before the board in a public meeting. Sincerely, David Deese World International PCB (WIP) Phone (714) 289-2800 ext. 1001 cell (714) 231-8467 ddeese@wipcb.com From: Doug Davert <ddavert@ylwd.com> Sent: Wednesday, August 14, 2024 4:56 PM To: ddeese@wipcb.com Cc: Mark Toy <mtoy@ylwd.com>; John DeCriscio <jdecriscio@ylwd.com>; Annie Alexander <aalexander@ylwd.com> Subject: Your Recent Inquiry regarding Pressure Issues Mr. Deese: By way of introducƟon, I am the Assistant General Manager here at the Yorba Linda Water District. Your recent communicaƟons have been directed to my aƩenƟon. Thank you for reaching out and sharing your concerns. By now, you should have received informaƟon from our Board Secretary related to your request to address the Board of Directors. If not, please let me know, and we will get you that informaƟon as soon as possible. In the meanƟme, I am going to ask our OperaƟons team to take a criƟcal look at your issue. Our OperaƟons Manager, John DeCriscio, who is copied on this email, will be back in he office on Monday. I am going to ask him to take a fresh look at this and see what, if anything, we can do to assist in miƟgaƟng the issues you are Page 18 of 165 7 experiencing. I will provide him with your contact informaƟon, and you should expect to hear back from us later next week. Between now and then, you are welcome to contact me directly if you have any quesƟons. My contact informaƟon appears below. Thank you, Doug Davert Assistant General Manager ddavert@ylwd.com Office: (714) 701-3029 | Cell: (657) 688-2158 1717 E Miraloma Ave, Placentia CA 92870 Page 19 of 165 SUMMARY OF OPERATIONS RESPONSE Mr. David Deese 20320 Herbshey Cir, Yorba Linda CA FIRST CALL – Service Order #17794: 4/6/2021 (Low Pressure) Customer called and reported low pressure to the home. Initial Observations: Maintenance staff responded and determined the customer’s water softener was restricting the flow to the home. Any devices and plumbing past the water meter are the responsibility of the homeowner to maintain, the customer was notified of our findings and the service order was closed. SECOND CALL - Service Order #56762: 4/29/2024 at 7:54 a.m. (Water in the Meter Box) also concerned of high water pressure. The call was dispatched on 4/29/2025 at 7:57 a.m. Maintenance staff arrived at site on 4/29/2025 at 8:50 a.m. Initial Observations: The meter box was half full of standing water and the customer appeared to be working on his pressure regulator near the front hose bib to the house and next to the irrigation anti-siphon valves. The customer stated that the sprinkler line broke. Staff Work Performed: Maintenance staff pumped the water out of the meter box with a hand pump, water began to fill up in the meter box, however the ground was still very saturated. We investigated for any leaks and did not find any leaks on YLWD service, lines, or YLWD valves and fittings. We took a pressure reading at the front hose bib, (86 psi). The customer was informed that his pressure regulator would not reduce pressure to the sprinkler system because of the way that it was plumbed, if he wanted the sprinkler system pressure reduced, he would need to add a regulator on that system and should consult a plumber. The results identified were customer plumbing issues and service order was closed on 5/1/2024 at 7:57 a.m. THIRD CALL - Service Order #58015: 6/20/2024 at 10:18 a.m. (water leak in meter box), please check and advise. The call was dispatched on 6/20/2024 at 10:18 a.m. Maintenance staff arrived at the site on 6/20/2024 at 12:12 p.m. Initial Observations: The meter box was full of water. The water meter was turning indicating water was flowing through the meter. Staff Work Performed: Maintenance staff on site pumped out the meter box, water continued to fill the meter box back up. The maintenance staff observed the meter and determined it was turning, indicating water usage or a leak on the customers water system. Water was observed dripping from the meter; to eliminate the meter as a source of water, the maintenance worker removed and replaced the meter with a new meter. Water continued to fill up the meter box after the meter was replaced. Water continued to flow through the meter when the water meter valve was in the on position. To determine if there was a leak on the district side of the meter, the maintenance staff turned off the meter valve and used a listening device. Leaks were not observed on the listening device, so the field representative turned the meter valve back on and once again water appeared. At this point, the maintenance worker shared his findings with the customer and told him he should consult a plumber. The maintenance worker turned the water meter off as the customer was going to contact a plumber to make repairs to his water line. Service order was closed on 6/22/2024 at 10:18 a.m. Page 20 of 165 ITEM NO. 10.1. AGENDA REPORT MEETING DATE: September 12, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne Weston, Engineering Manager Yvette Hanna, Senior Engineer SUBJECT: Highland Reservoir Access Road Improvements RECOMMENDATION: That the Board of Directors provide direction to staff whether to proceed with preparing Terms and Conditions (for Board approval) and a development agreement with the project developer, Mr. Nick Diaz, regarding proposed improvements to an access road adjacent to the District's Highland Reservoir on District property. FISCAL IMPACT: Budgeted: Yes Cost Estimate: N/A Job No: J-2024-06 Total Budget: $150,000 Engineer's Estimate: N/A BACKGROUND: On February 8, 2024, the Board of Directors formed an ad hoc review group to support staff efforts regarding a potential project to improve the access road at the District's Highland Reservoir ("Project"). Since then, and with assistance from District consultant (Psomas), staff (1) completed right-of-way mapping, (2) communicated Project status to nearby residents, and (3) provided monthly status updates to the ad hoc review group. As of September 3, 2024, the District has paid $57,677.50 for Psomas' services. During the ad hoc review group meeting on July 31, 2024, review group members directed staff to agendize, for the Board of Directors' review and action, Mr. Nick Diaz' Project to pave the Highland access road from 5261 Highland Avenue and within Highland Reservoir property all the way to the existing pavement adjacent to 5225 Highland Avenue. Additionally, ad hoc review group members recommended District staff to relocate the District's existing gate close to the District's northeastern property boundary at the District's expense. The preliminary roadway paving design plan submitted by Mr. Diaz includes a short reach of retaining wall along the District's northwesterly property to prevent the adjacent steep slope from eroding onto the proposed road. Just like all developers within the District's service area, Mr. Diaz will need to comply with the District's standard and site-specific requirements which will be set forth in the Terms and Conditions and development agreement. Page 21 of 165 Terms and Conditions will be developed by staff for Board review and action, and the development agreement will be prepared by General Counsel and staff. The Terms and Conditions will memorialize road construction, and the agreement will memorialize road maintenance, the parties' liability, financial obligations, an easement for the existing water pipeline, and access rights to the designated properties based on type of use. PRIOR RELEVANT BOARD ACTION: On February 8, 2024, the Board of Directors supported efforts related to the access road at Highland Reservoir. REVIEWED BY GENERAL COUNSEL: Yes ATTACHMENTS: 1. Highland Reservoir Access Road - Proposed Paving Project Page 22 of 165 W W WW W W W W W W W WW W W W W W W W W W W W W W W W EX. 10-INCH CAST IRON WATER MAIN EX. 8-INCH ACP W A T E R M A I N YLWD HIGHLAND RESERVOIR 20 ' E X . R O A D EA S E M E N T P E R R/ S 1 5 / 4 8 11 . 3 ' 20 ' E X . R O A D EA S E M E N T P E R R/ S 1 5 / 4 8 20' E X . Y L W D EAS E M E N T P E R 142 5 / 5 3 6 O . R . YLWD 1911 BLANKET EASEMENT 1,320 SF 7. 5 ' 20 ' E X . R O A D & P U B L I C UT I L I T Y E A S E M E N T PE R 8 8 - 3 8 6 8 3 8 O . R . 20' EX. ROAD & PUBLIC UTILITY EASEMENT PER 88-386838 O.R. EX. 36-INCH WATER MAIN 20 ' FOR M U L T I - P U R P O S E TRA I L U S E 30' 10' 10' W EX. 8-INCH WATER MAIN EX. GATE LEGEND: W 5261 HIGHLAND AVENUE (VACANT LOT)5251 & 5253 HIGHLAND AVENUE 5300 HIGHLAND AVENUE 5241 HIGHLAND AVENUE 5231 HIGHLAND AVENUE 5227 HIGHLAND AVENUE EU R E K A A V E . HIGHLAND RESERVOIR ACCESS ROAD PROPOSED PAVING EXHIBIT HIGHLA N D A V E N U E Page 23 of 165 ITEM NO. 11.2. AGENDA REPORT MEETING DATE: September 12, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Lori Thompson, Human Resources and Risk Manager SUBJECT: Classification and Compensation Study Overview by Gallagher Benefit Services BACKGROUND: An overview of the current Classification and Compensation Study process will be presented by Gallagher Benefit Services project manager, Maggie Williams-Dalgart. PRIOR RELEVANT BOARD ACTION: On May 16, 2024, the Board of Directors authorized the General Manager to execute a Professional Services Agreement with Gallagher Benefit Services, Inc. for the completion of a comprehensive Classification and Compensation Study. STRATEGIC PLAN INITIATIVES: G5 1C - Recruit and retain a highly-skilled and capable workforce.; and G5 2A - Provide opportunities for training, cross-training and development at all levels of the organization, including leadership development, management and supervisor training. ATTACHMENTS: 1. Slide Deck - Classification and Compensation Study Overview Page 24 of 165 © 2023 ARTHUR J. GALLAGHER & CO. Classification and Compensation Study Overview Board of Directors Meeting September 12, 2024Formerly Koff and AssociatesFormerly Koff and Associates Page 25 of 165 22 © 2023 ARTHUR J. GALLAGHER & CO. Ø Founded in 1984; recently merged with Gallagher Benefits Services Ø Extensive public sector classification and compensation design experience Ø Experienced practitioners understanding stakeholder engagement needs Ø Straightforward, interactive, all-inclusive methodology About Gallagher/K&A and Project Team Georg Krammer Managing Director Maggie Williams-Dalgart Project Manager Janna Dinkelspiel Consultant Page 26 of 165 © 2023 ARTHUR J. GALLAGHER & CO. Project Scope: Two Phases Phase I – Classification Study The neutral process by which the duties, responsibilities, and requirements of individual positions are evaluated and documented to develop a classification system and structure which encompasses all of the organization’s jobs. Phase II – Compensation Study The process of valuing the work of individual classifications by examining external (labor market) factors and applying internal equity principles to develop salary recommendations that are competitive, fair, and align with the organization’s goals and objectives. Page 27 of 165 © 2023 ARTHUR J. GALLAGHER & CO. Reasons for a Classification Study •Develop up-to-date & current class plan/descriptions •Ensure legal compliance •Enhance recruitment process •Training opportunities and career pathing •Objective performance evaluations •Equitable compensation system Page 28 of 165 55 © 2023 ARTHUR J. GALLAGHER & CO. Classification Study Milestones Orientation meetings with employees PDQ completion and review Employee & supervisor interviews Draft class concepts & class descriptions Employee and supervisor review Study kick-off/strategy meetings with stakeholders (In progress) Page 29 of 165 66 © 2023 ARTHUR J. GALLAGHER & CO. Labor Market Ø Verify agencies for the study Study Benchmarks Ø Representative sample of job classifications (60-70%) Ø Examine benchmarks used in 2022 study Benefits Options Ø Primary benefits include retirement, health insurances, leaves Ø Consider supplemental benefits (i.e., cert pays, bilingual, etc.) Compensation Study Elements Page 30 of 165 77 © 2023 ARTHUR J. GALLAGHER & CO. Data Market Collection Methodology Job/class descriptions MOUs Organizational charts Salary information/benefits summaries Description-to-description 75% match Comprehensive audit of data by PM All analyses completed in-house No questionnaires Page 31 of 165 88 © 2023 ARTHUR J. GALLAGHER & CO. Compensation Study Milestones Conduct market total compensation survey Stakeholder review Apply salary structure design Final report and implementation strategies Identify agencies for labor market Page 32 of 165 © 2023 ARTHUR J. GALLAGHER & CO. Employee and Supervisor Interviews (October) Final Class Recommendations and Report (March - April) Comp Recommendations & Report (March - April) Study Timeline 2024 - 2025 Stakeholder Review & Feedback (Feb. – March) Class Concept & Specification Development (Nov. – January) Comp Study Class Study Confirm Agencies and Conduct Survey (Dec. – February) Market Data Submitted & YLWD Review (Feb. – March) Page 33 of 165 1010 © 2023 ARTHUR J. GALLAGHER & CO. Study Deliverables Phase I: Class Study ü Classification plan designed to reflect current work & industry best practices ü Up-to-date and compliant classification specifications ü Classification recommendations for every position ü Classification study report Phase II: Comp Study ü Market data reflecting current wage and benefits trends ü Range development and salary recommendations ü Compensation study report Page 34 of 165 © 2023 ARTHUR J. GALLAGHER & CO. Questions & Comments Thank You! Page 35 of 165 ITEM NO. 12.1. AGENDA REPORT MEETING DATE: September 12, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Minutes of the Board of Directors Meetings Held July 11-31, 2024 RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: 1. 2024-07-11 - Minutes - BOD Regular Meeting 2. 2024-07-17 - Minutes - BOD Special Meeting 3. 2024-07-31 - Minutes - BOD Special Meeting Page 36 of 165 Minutes of the YLWD Board of Directors Regular Meeting Held July 11, 2024, at 8:30 a.m. 1 2024-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, July 11, 2024, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. PARTICIPATION INSTRUCTIONS Were included on the agenda. 2. CALL TO ORDER The meeting was called to order at 8:30 a.m. 3. PLEDGE OF ALLEGIANCE President DesRoches led the pledge. 4. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Trudi DesRoches, President Mark Toy, General Manager Tom Lindsey, Vice President Doug Davert, Assistant General Manager Brett R. Barbre Delia Lugo, Finance Manager Phil Hawkins Lori Thompson, Human Resources and Risk Manager Gene Hernandez Rosanne Weston, Engineering Manager Annie Alexander, Board Secretary Brianna De La Cruz, Public Affairs Specialist Jeff McDonald, Maintenance Superintendent Alicia Navarro, Assistant Board Secretary ALSO, PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP 5. ADDITIONS/DELETIONS TO THE AGENDA (None) 6. AB 2449 TELECONFERENCE REQUESTS (None) President DesRoches suggested moving Item No. 10.3. to the beginning of the meeting. Director Barbre made a motion, seconded by Director Lindsey, to move Item No. 10.3. to the beginning of the meeting. Motion carried 5-0-0-0. 10. ACTION CALENDAR 10.3. California Special Districts Association (CSDA) Board of Directors Election Page 37 of 165 Minutes of the YLWD Board of Directors Regular Meeting Held July 11, 2024, at 8:30 a.m. 2 2024-XXX Jo MacKenzie, Director for Vista Irrigation District, commented on her professional experience and candidacy in the upcoming CSDA Board of Directors election and requested the District’s support. Director Barbre made a motion, seconded by Hernandez, to vote for Jo MacKenzie, Director for Vista Irrigation District, in the 2024 CSDA Election for Seat A in the Southern Network for a 3-year term and instruct staff to complete and submit the ballot on the Board’s behalf. Motion carried 5-0-0-0 on a roll call vote. 7. INTRODUCTIONS AND PRESENTATIONS 7.1 Elected Official Liaison Reports (None) 7.2 Introduction of New Hire General Manager Toy introduced Dell Do, newly hired Engineering/GIS Intern, and provided an overview of his educational and professional experience. 8. PUBLIC COMMENTS (None) 9. CONSENT CALENDAR Director Barbre requested to remove Item No. 9.8. from the Consent Calendar for separate action. Director Lindsey made a motion to approve the remainder of the Consent Calendar. Director Hernandez recused himself from voting on Agenda Item Nos. 9.3. and 9.5. Director DesRoches recused herself from voting on Item No. 9.5. Director Hawkins seconded the motion. Motion carried 5-0-0-0. 9.1. Minutes of the Board of Directors Meetings Held May 16, 2024 Recommendation: That the Board of Directors approve the minutes as presented. 9.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,340,524.44. 9.3. Budget to Actual Statements for the Month Ended May 31, 2024 Recommendation: That the Board of Directors receive and file the Budget to Actual Reports for the Month Ended May 31, 2024. Page 38 of 165 Minutes of the YLWD Board of Directors Regular Meeting Held July 11, 2024, at 8:30 a.m. 3 2024-XXX 9.4.Cash and Investment Reports and Graphs for Month Ended May 31, 2024 Recommendation: That the Board of Directors receive and file the Cash and Investment Reports for the Month Ended May 31, 2024. 9.5.Amendment to Professional Services Agreement with Townsend Public Affairs Recommendation: That the Board of Directors approve Amendment No. 2 to the Professional Services Agreement with Townsend Public Affairs dated August 1, 2022, to extend the term through June 30, 2025, effective July 1, 2024. 9.6.Terms and Conditions with Brian Hoyt and Alain Howard for Waterline Relocation Recommendation: That the Board of Directors approve the Terms and Conditions with Brian Hoyt and Alain Howard for waterline relocation at 2525 Rose Drive, Placentia, Job No. J-2024-37. 9.7.Notice of Exemption for Camino De Bryant Waterline Replacement Phase 2 Project Recommendation: That the Board of Directors consent to filing the Notice of Exemption with the Orange County Clerk Recorder's office for the Camino De Bryant Waterline Replacement Phase 2 Project, Job No. J-2024-32. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE CONSIDERATION 9.8.Notice of Completion for Elk Mountain Booster Pump Station Leak Repair Discussion touched on the funding source identified in the agenda report. Staff clarified that the source should have been listed as “Pay-go” and not “Bond Proceeds”. Discussion followed regarding the project. Director Barbre made a motion, seconded by Director Lindsey, to authorize staff to file the Notice of Completion for the Elk Mountain Booster Pump Station Leak Repair Project, Job No. J-2023-33, with the correction to the agenda report. Motion carried 5-0-0-0. 10. ACTION CALENDAR CONTINUED 10.1. Collection of Capital (Finance) Charges on Fiscal Year 2024-25 Tax Roll President DesRoches opened the Public Hearing at 8:45 a.m. Page 39 of 165 Minutes of the YLWD Board of Directors Regular Meeting Held July 11, 2024, at 8:30 a.m. 4 2024-XXX Staff presented verification that the hearing had been properly noticed. Discussion followed on whether the Yorba Linda Star was still in existence and if clarification was needed to indicate that the notice was published in the Orange County Register instead. Staff will research the matter. Staff then reviewed the purpose of the Capital Finance Charges and the procedural requirement for adopting a resolution to collect said charges on the property tax roll. President DesRoches opened the floor to public comment on this matter for which there was none. President DesRoches closed the Public Hearing at 8:52 a.m. Director Hernandez made a motion, seconded by Director Barbre, to adopt Resolution No. 2024-XX electing to place Capital (Finance) Charges on the property tax roll for collection and remittance to the District, adopting the report to place said charges on the property tax roll for Fiscal Year 2024-25, and repealing Resolution No. 2023-19. Staff responded to questions regarding the total amount to be collected, the number of parcels that would receive a manual invoice, and whether the total amount being collected would fully cover the District’s capital finance payments. Motion carried 5-0-0-0 on a roll call vote. 10.2. Collection of Certain Sewer Maintenance Charges on Fiscal Year 2024-25 Tax Roll President DesRoches opened the Public Hearing at 8:54 a.m. Staff presented verification that the hearing had been properly noticed. President DesRoches opened the floor to public comment on this matter for which there was none. President DesRoches closed the Public Hearing at 8:55 a.m. It was noted that customers connected to the District’s sewer system and receiving water service from Golden State Water Company were eligible to vote in elections for members of the Board. Director Barbre made a motion, seconded by Director DesRoches, to adopt Resolution No. 2024-XX electing to place Sewer Maintenance Charges on the property tax roll of certain properties for collection and remittance to the District, adopting the report to place said charges on the property tax roll for Page 40 of 165 Minutes of the YLWD Board of Directors Regular Meeting Held July 11, 2024, at 8:30 a.m. 5 2024-XXX Fiscal Year 2024-25, and repealing Resolution No. 2023-18. Motion carried 5-0-0-0 on a roll call vote. 10.4.Identification of Agency Designated Representative for Labor Negotiations Director Hernandez made a motion, seconded by Director Hawkins, to designate General Counsel Gagen as the representative for labor negotiations with the General Manager. Motion carried 5-0-0-0. 11. DISCUSSION ITEMS 11.1. Lead Sampling of Drinking Water in K-12 Schools Discussion touched on historical lead sampling activities and preparations for compliance with the State’s pending revisions to the Lead and Copper Rule. This topic will be discussed at a future joint committee meeting with PYLUSD. Discussion continued regarding draft language in the regulation delineating the District’s responsibilities and those of the schools/daycares and the estimated cost for the previous installation of additional sampling stations. Staff will provide a presentation to the Board once the State’s revisions have been finalized. 11.2.Investment Strategy – Permissible Forms of Investment and Split Ratings Staff responded to questions concerning the District’s investment portfolio in regard to supranationals, ABS/MBS, and split ratings. Staff offered to have representatives from PFM Asset Management available at a future meeting if desired. 11.3.Revising Reserve Policy – Formatting of Policy for Reserves Discussion focused on options for simplifying the District’s Reserves Policy, minimum and maximum reserve funding levels, and restricted versus unrestricted reserves. These topics will be discussed in more detail during a Board workshop meeting on Thursday, August 22, 2024. Staff will prepare options and recommendations for Board consideration during that meeting. 11.4.Developing a Value Proposition for the YLWD Discussion of this matter was deferred to a future Board meeting. 12. REPORTS, INFORMATION ITEMS, AND COMMENTS 12.1. Director's Reports (None) Page 41 of 165 Minutes of the YLWD Board of Directors Regular Meeting Held July 11, 2024, at 8:30 a.m. 6 2024-XXX 12.2. General Manager's Report General Manager Toy and staff responded to questions regarding the well- siting study, reordering branded bottled water for the Nixon Library, whether YLWD had been fined for two sanitary sewer system overflows in the previous fiscal year, and the timeline for the completion of punch list items and startup of the emergency backup generator at the Hidden Hills Booster Pump Station. 12.3. General Counsel's Report (None) 12.4. Future Agenda Items and Staff Tasks Director Barbre requested an agenda item to consider taking a position on SB 1255 and Proposition 4. He also asked about the status of evaluating the impacts of Making Conservation a California Way of Life on the District. Director Hernandez requested an agenda item for his delegation as the District’s voting representative at the upcoming League of California Cities conference. It was noted that the District was not a member of this organization therefore no agenda item would be necessary. Director Barbre asked about the status of installing informational QR codes at District facilities. It was suggested that staff have a sample ready for the upcoming Open House following which the Board could consider installation at other facilities. Director Hernandez asked if there was any need for his attendance at the upcoming League of California Cities conference. Staff offered to research whether special districts were eligible to be members of the organization. Director Hernandez indicated that he would not attend if that was not the case. 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 Page 42 of 165 Minutes of the YLWD Board of Directors Regular Meeting Held July 11, 2024, at 8:30 a.m. 7 2024-XXX 13.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Hernandez / Barbre 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from July 12 - August 31, 2024 President DesRoches asked if there was a need to conduct a Board meeting on Thursday, July 25, 2024, and if not, whether the Board would like to consider canceling it. There was no objection to canceling this meeting. General Manager Toy confirmed that Item No. 11.4. would be brought back to the Board at the meeting on Thursday, August 8, 2024. 15. CLOSED SESSION The Board entered Closed Session at 9:59 a.m. 15.1.Conference with Legal Counsel - Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Name of Case: Orange County Water District, et al. v. 3M Company, et al. (Orange County Superior Court - Case No. 30-2020-01172419-CU-PL-CXC) 15.2 Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representative: General Counsel Unrepresented Employee: General Manager 16. REPORT FROM CLOSED SESSION The Board returned from Closed Session at 10:30 a.m. No reportable action was taken. 17. ADJOURNMENT 17.1. The meeting was adjourned at 10:30 a.m. Alicia Navarro Assistant Board Secretary Page 43 of 165 Minutes of the YLWD Board of Directors Special Meeting Held July 17, 2024 at 7:30 a.m. 1 2024-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Wednesday, July 17, 2024, 7:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. PARTICIPATION INSTRUCTIONS Were included on the agenda. 2. CALL TO ORDER The meeting was called to order at 7:30 a.m. 3. PLEDGE OF ALLEGIANCE President DesRoches led the pledge. 4. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Trudi DesRoches, President Mark Toy, General Manager Tom Lindsey, Vice President Annie Alexander, Board Secretary Brett R. Barbre Alicia Navarro, Assistant Board Secretary Gene Hernandez DIRECTORS ABSENT Phil Hawkins ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP 5. AB 2449 TELECONFERENCE REQUESTS (None) 6. PUBLIC COMMENTS (None) 7. CLOSED SESSION The Board entered Closed Session at 7:31 a.m. 7.1 Public Employee Performance Evaluation Pursuant to Section 54957 of the CA Government Code Title: General Manager The Board returned from Closed Session at 10:22 a.m. No reportable action was taken. Page 44 of 165 Minutes of the YLWD Board of Directors Special Meeting Held July 17, 2024 at 7:30 a.m. 2 2024-XXX 8. ADJOURNMENT 8.1. The meeting was adjourned at 10:22 a.m. Alicia Navarro Assistant Board Secretary Page 45 of 165 Minutes of the YLWD Board of Directors Special Meeting Held July 31, 2024 at 7:30 a.m. 1 2024-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Wednesday, July 31, 2024, 7:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. TELECONFERENCE SITE 5107 Reggio Pl Arlington TX 76018 2. PARTICIPATION INSTRUCTIONS Were included on the agenda. 3. CALL TO ORDER The meeting was called to order at 7:30 a.m. Vice President Lindsey indicated that President DesRoches was participating via teleconference. President DesRoches confirmed that the agenda was posted at the remote location 24 hours in advance and there were no members of the public present. 4. PLEDGE OF ALLEGIANCE Vice President Lindsey led the pledge. 5. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Trudi DesRoches, President Mark Toy, General Manager Tom Lindsey, Vice President Annie Alexander, Board Secretary Brett R. Barbre Alicia Navarro, Asst Board Secretary Phil Hawkins Gene Hernandez ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP 6. AB 2449 TELECONFERENCE REQUESTS (None) 7. PUBLIC COMMENTS (None) 8. CLOSED SESSION The Board entered Closed Session at 7:33 a.m. Page 46 of 165 Minutes of the YLWD Board of Directors Special Meeting Held July 31, 2024 at 7:30 a.m. 2 2024-XXX 8.1 Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representative: Andrew Gagen, General Counsel Unrepresented Employee: General Manager Director Hawkins left the meeting at 8:30 a.m. The Board returned from Closed Session at 9:00 a.m. No reportable action was taken. 9. ADJOURNMENT 9.1. The meeting was adjourned at 9:00 a.m. Alicia Navarro Assistant Board Secretary Page 47 of 165 ITEM NO. 12.2. AGENDA REPORT MEETING DATE: September 12, 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 $3,174,734.18. 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 July 3, 2024, through August 1, 2024, for the Board of Directors’ approval. Items within this disbursement list include: Ten Highest Expenses for Disbursement Municipal Water District 437,905.15 Water Deliveries - June 2024 Big Ben Inc. 262,218.43 Pressure Reducing Station Replacement Services: J23-48 Applecreek J23-49 Paseo Del Prado J23-51 Willowbrook J23-52 Stone Canyon Pressure Reducing Station Abandonment Services: J23-46 Sumac J23-53 Wagon Wheel Southern Calif Edison Co. 231,418.15 Electric Charges - July 2024 Various Locations ACWA/JPIA 191,650.99 Property Insurance Premium - FY24-25 ACWA/JPIA 159,559.08 Medical & Dental Premium - September 2024 Pacific Hydrotech Corporation 104,108.12 J20-37 Timber Ridge Professional Services City of Anaheim - Public Utilities 78,996.09 Electrical Charges July 2024 - Various Locations George Chevrolet 77,923.89 New Fleet Vehicles - Units #252 & 253 Page 48 of 165 G.M. Sager Construction Co., Inc. 63,860.00 Paving Repairs at Various Locations Southern Calif Gas Co. 62,772.76 Gas Charges - July 2024 Various Locations $ 1,670,412.66 Other Routine Invoices $ 684,537.56 Accts Payable Check Total $ 2,354,950.22 Payroll No. 16 Payroll No. 17 $ 404,404.84 $ 415,379.12 Total Disbursements $ 3,174,734.18 A summary of the disbursements is attached. ATTACHMENTS: 1. Cap Sheet for September 12, 2024 2. Check Register for August 15, 2024 3. Check Register for August 29, 2024 Page 49 of 165 CHECK NUMBERS: 8/15/2024 Computer Checks 84694-84770 1,208,213.93$ 8/29/2024 Computer Checks 84775-84846 408,419.85 1,616,633.78$ WIRES: W081224 Southern Calif Edison Co. 231,418.15$ W081224A Southern Calif Gas Co. 62,772.76 W081424 Switch Ltd 741.00 W081524 American Business Bank 5,479.38 W081524A Municipal Water District 437,905.15 738,316.44$ 2,354,950.22$ PAYROLL NO. 16: Direct Deposits 246,326.72$ Payroll Taxes 71,366.72 EFT -- CalPERS 62,461.25 Third Party Checks 84690-84693 24,250.15 404,404.84$ PAYROLL NO. 17: Direct Deposits 254,630.97$ Payroll Taxes 74,060.23 EFT -- CalPERS 62,119.15 Third Party Checks 84771-84774 24,568.77 415,379.12$ 819,783.96$ 3,174,734.18$ Summary of Disbursements September 14, 2024 ------------------------------------------------------------------------------------------------------------------ TOTAL OF CHECKS & WIRES TOTAL OF PAYROLL ================================================================ MEETING OF SEPTEMBER 12, 2024 APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD ================================================================ DISBURSEMENT TOTAL Page 50 of 165 Check No.Date Vendor Name Amount Description 84694 08/15/2024 COMPASS PROPERTY MANAGEMENT 851.89 CUSTOMER REFUND 84695 08/15/2024 SULLY MILLER CONTRACTING CO 2,815.52 CUSTOMER REFUND 84696 08/15/2024 ANEROL, LLC 372.31 CUSTOMER REFUND 84697 08/15/2024 SUPER GALAXY LLC 778.92 CUSTOMER REFUND 84698 08/15/2024 KM PROPERTY MANAGEMENT 786.09 CUSTOMER REFUND 84699 08/15/2024 ACWA/JPIA 191,650.99 PROPERTY INSURANCE PREMIUM 7/1/24-6/30/25 84700 08/15/2024 ACWA/JPIA 159,559.08 MEDICAL & DENTAL PREMIUM - SEPTEMBER 2024 84701 08/15/2024 Amazon Capital Services 195.83 OFFICE SUPPLIES, TOOLS FOR OPERATIONS 84702 08/15/2024 Applied Best Practices 2,000.00 PROFESSIONAL SERVICES - CDAR, FITCH RATING, BOND 22A INSURANCE 84703 08/15/2024 Aqua-Metric Sales Co.42,644.77 OPERATIONS WORK MATERIAL 84704 08/15/2024 Vestis Group, Inc.865.28 UNIFORM SERVICE 84705 08/15/2024 AT & T - Calnet3 1,251.49 ATT CALNET 84706 08/15/2024 Bee Busters, Inc 150.00 COLONY ABATEMENT 84707 08/15/2024 Big Ben Inc.262,218.43 J23-46/48/49/51/52/53 PRESSURE REDUCING STATION REPLACEMENTS 84708 08/15/2024 B & M Lawn and Garden Inc 32.00 REPAIR WORK FOR UNIT #229 84709 08/15/2024 Cal-State Auto Parts, Inc.50.98 PARTS FOR UNITS #224 & 228 84710 08/15/2024 CDW Government, Inc 547.02 HEADSET & CABLES FOR IT 84711 08/15/2024 CertaPro Painters of Orange County 23,800.00 PAINTING - FAIRMONT FENCE 84712 08/15/2024 CIPO Cloud Software Inc 825.00 CLOUD MONTHLY SUBSCRIPTION 84713 08/15/2024 City Of Placentia 8,227.18 SEWER COLLECTIONS - JULY 2024 84714 08/15/2024 Culligan of Santa Ana 2,273.33 EQUIPMENT PE SOFTENER 84715 08/15/2024 C. Wells Pipeline 252.30 TOOLS FOR PRODUCTION 84716 08/15/2024 Dell Financial Services LLC 2,066.28 OFFICE 365 SUPPORT 84717 08/15/2024 deRose Promos 883.01 PROMOTIONAL ITEMS - LOGO SPONGES 84718 08/15/2024 Discount Tire Centers (Andonian Enterprises Inc.)971.91 TIRES FOR UNIT #179 & SENSOR FOR #218 84719 08/15/2024 Dean Criske Trucking 1,589.01 ROAD MATERIAL 84720 08/15/2024 Easterday Hunter Corporation 4,850.00 JANITORIAL SERVICE - JULY 2024 84721 08/15/2024 Enthalpy Analytical, Inc.10,642.00 WATER QUALITY TESTING 84722 08/15/2024 Factory Motor Parts 321.21 PARTS FOR UNIT #199 & SOAP FOR CAR WASH SYSTEM 84723 08/15/2024 Fuller Truck Accessories 11,356.76 MODIFICATIONS FOR NEW UNITS #247, 250, 251, 253 84724 08/15/2024 Fullerton Paint & Flooring 3,278.74 HYDRANT & MARKING PAINT 84725 08/15/2024 General Pump Co., Inc.28,400.00 J23-44 WELL #19 PROFESSIONAL SERVICES - JULY 2024 84726 08/15/2024 George Chevrolet 77,923.89 NEW FLEET VEHICLES - UNITS #252 & 253 84727 08/15/2024 Grainger 1,068.54 SCADA MATERIALS & TOOLS FOR PFAS PLANT 84728 08/15/2024 Haaker Equipment Co.19,912.34 REPAIR FOR UNIT #210 84729 08/15/2024 Industrial Hearing 1,800.00 HEARING TEST FOR STAFF 84730 08/15/2024 Infosend Inc.2,866.24 BILLING & POSTAGE CUSTOMER BILL 84731 08/15/2024 Jackson's Auto Supply - Napa 861.78 FILTERS FOR WELL ENGINES 84732 08/15/2024 Kidman Gagen Law 27,993.86 LEGAL SERVICES - JULY 2024 84733 08/15/2024 Killingsworth Gear 174.47 J23-55 WELL #5 GEAR DRIVE - TAX ADJUSTMENT 84734 08/15/2024 Kimball Midwest 786.71 TOOLS FOR MECHANIC SHOP 84735 08/15/2024 Leighton Consulting, Inc.3,290.66 J20-37 & J23-49 PROFESSIONAL SERVICES - JUNE 2024 84736 08/15/2024 Lennar Homes of California LLC 40,904.94 J20-20 HIDDEN HILLS BOOSTER STATION - SHARED COSTS 84737 08/15/2024 Line-X of Orange County 865.50 LINER FOR UNIT #253 84738 08/15/2024 MAP Communications 763.58 AFTER HOURS PHONE SERVICE 84739 08/15/2024 Mc Fadden-Dale Hardware 458.13 PARTS FOR UNIT #250, STATIONARY ENGINE PARTS & TOOLS FOR PRODUCTION 84740 08/15/2024 Mc Master-Carr Supply Co.1,110.93 REPAIR PARTS FOR PFAS PLANT & GAUGE FOR PRODUCTION 84741 08/15/2024 Minuteman Press 425.62 J24-26S FOG NOTICE LAMINATIONS 84742 08/15/2024 Municipal Water District 34,529.00 J23-47 IRRIGATION METER MEASUREMENT PROGRAM FY24-25 84743 08/15/2024 NatPay Online Business Solutions 27.88 DOCULIVERY - JULY 2024 84744 08/15/2024 GovernmentJobs.com Inc. DBA NEOGOV 4,892.71 NEOGOV INSIGHT ANNUAL RENEWAL 84745 08/15/2024 Nickey Kard Lock Inc 9,106.47 FUEL 7/16/24-7/31/24 84746 08/15/2024 North American Recycling and Crushing, LLC 1,120.00 DISPOSAL OF OLD ROAD MATERIAL 84747 08/15/2024 Orange County - Tax Collector 198.33 PERSONAL PROPERTY TAX ASSESSMENT FEES 84748 08/15/2024 Orange County - Tax Collector 294.51 OCSD SHARED COMMUNICATIONS COST 7/1/24-9/30/24 84749 08/15/2024 Orkin Pest Control 533.98 PEST CONTROL 84750 08/15/2024 Pacific Hydrotech Corporation 104,108.12 J20-37 TIMBER RIDGE PROFESSIONAL SERVICES 84751 08/15/2024 Linde Gas & Equipment Inc.137.86 WELDING SUPPLIES 84752 08/15/2024 Procure America Inc 6,251.95 PSA - IT & GAS COST EFFICIENCIES 84753 08/15/2024 Psomas & Associates 34,420.00 J24-14 & J24-21 PROFESSIONAL SERVICES - JULY 2024 84754 08/15/2024 P.T.I. Sand & Gravel, Inc.1,532.53 ROAD MATERIAL 84755 08/15/2024 Pump Check Inc.6,776.00 WELL & ENGINE PUMP TESTING 84756 08/15/2024 Resource Computer Solutions 23,607.75 IT CONSULTATION 7/15/24-8/14/24 84757 08/15/2024 Safety-Kleen Systems Inc 465.00 HAZARDOUS MATERIAL DISPOSAL 84758 08/15/2024 Schorr Metals, Inc.1,202.12 TOOLS & MATERIALS FOR FENCE REPAIRS 84759 08/15/2024 Selman Chevrolet Company 1,235.34 PARTS FOR UNIT #218 & 250 84760 08/15/2024 Sophia Phuong/Petty Cash 205.60 MEALS FOR (18) OT STAFF 84761 08/15/2024 Sunrise Medical Group 270.00 EMPLOYEE PHYSICALS 84762 08/15/2024 SVT Fleet LLC 1,776.51 SERVICE WORK FOR UNIT #196 84763 08/15/2024 The Bee Man 245.00 COLONY ABATEMENTS 84764 08/15/2024 Underground Service Alert 413.26 NEW TICKET CHARGES & CA STATE FEE For Checks Dated: 8/1/2024 thru 8/15/2024 Yorba Linda Water District Check Register Page 51 of 165 84765 08/15/2024 United Industries 2,022.64 OPERATIONS PPE & CLEANING SUPPLIES 84766 08/15/2024 Vision Service Plan 2,542.66 VISION SERVICE PLAN - AUGUST 2024 84767 08/15/2024 West Coast Safety Supply Co 5,196.81 SEWER TOOLS FOR REPAIRS 84768 08/15/2024 Wienhoff Drug Testing 110.00 EMPLOYEE PHYSICALS 84769 08/15/2024 YO Fire 16,077.38 OPERATIONS WORK MATERIAL 84770 08/15/2024 Yorba Linda Chamber 1,200.00 FIRST RESPONDERS APPRECIATION BREAKFAST SPONSORSHIP W081224 08/12/2024 Southern Calif Edison Co.231,418.15 ELECTRIC CHARGES - JULY 2024 VARIOUS LOCATIONS W081224A 08/12/2024 Southern Calif Gas Co.62,772.76 GAS CHARGES - JULY 2024 VARIOUS LOCATIONS W081424 08/14/2024 Switch Ltd 741.00 DATA HOSTING CO-LOCATION W081524 08/15/2024 American Business Bank 5,479.38 PACIFIC HYDROTECH RETENTION ESCROW HOLDINGS W081524A 08/15/2024 Municipal Water District 437,905.15 WATER DELIVERIES - JUNE 2024 1,946,530.37 08/01/2024 PAYROLL - EMPLOYEE DIRECT DEPOSIT 246,326.72 08/01/2024 PAYROLL - PAYROLL TAX PAYMENT 71,366.72 08/01/2024 PAYROLL - CALPERS & TASC 62,461.25 84690 08/01/2024 California State Disbursement Unit 665.88 84691 08/01/2024 Colonial Life 88.21 84692 08/01/2024 Lincoln Financial Group 2,419.89 84693 08/01/2024 Nationwide Retirement Solutions 21,076.17 404,404.84 Payroll Checks #16 Page 52 of 165 Check No.Date Vendor Name Amount Description 84775 08/29/2024 JANESE BUSHAW 232.28 CUSTOMER REFUND 84776 08/29/2024 BEATRICE GUINN 383.16 CUSTOMER REFUND - SEWER 84777 08/29/2024 LORRAINE OROSCO 138.25 CUSTOMER REFUND 84778 08/29/2024 JEANETTE LAMBERT 67.14 CUSTOMER REFUND 84779 08/29/2024 FEMS LLC 95.97 CUSTOMER REFUND 84780 08/29/2024 L & S CONSTRUCTION, INC. 1,454.30 CUSTOMER REFUND 84781 08/29/2024 JEFF MARTIN 61.70 CUSTOMER REFUND 84782 08/29/2024 AVRB LLC 547.24 CUSTOMER REFUND 84783 08/29/2024 IRES PROPERTY MANAGEMENT 553.83 CUSTOMER REFUND 84784 08/29/2024 LIANG YAO 320.00 CUSTOMER REFUND 84785 08/29/2024 Airgas Inc 73.48 WELDING SUPPLIES 84786 08/29/2024 Albert A. Webb Associates 14,858.25 J24-26 FIRE FLOW ENHANCEMENT SERVICES JULY 2024 84787 08/29/2024 Alicia Navarro 50.76 REIMBURSEMENT - NOTARY TRAINING & MEAL 84788 08/29/2024 Alternative Hose Inc. 503.16 PARTS FOR UNITS #247 & MECHANIC SHOP TOOLS 84789 08/29/2024 Amazon Capital Services 1,376.56 FOLDING TABLES, MECHANIC SHOP SUPPLIES & SECURITY CAMERA PARTS 84790 08/29/2024 American Cast Bronze Plaques, LLC 1,740.00 HIDDEN HILLS BOOSTER PLAQUE 84791 08/29/2024 Vestis Group, Inc. 1,093.13 UNIFORM SERVICE 84792 08/29/2024 AT & T - Calnet3 1,146.08 ATT CALNET 84793 08/29/2024 BrightView Tree Care Services Inc. 3,450.00 MONTHLY LANDSCAPE SERVICE - AUGUST 2024 84794 08/29/2024 Cardlock Fuels System LLC 8,143.69 FUEL 8/1/24-8/15/24 84795 08/29/2024 CIPO Cloud Software Inc 825.00 CLOUD MONTHLY SUBSCRIPTION 84796 08/29/2024 City Of Anaheim - Anaheim Public Utilities 78,996.09 ELECTRICAL CHARGES JULY 2024 - VARIOUS LOCATIONS 84797 08/29/2024 Communications Lab 5,000.00 PROFESSIONAL SERVICES JULY 2024 84798 08/29/2024 C. Wells Pipeline 2,325.31 HYDRANT REPAIR PARTS 84799 08/29/2024 Dell Financial Services LLC 703.89 POWER EDGE SERVICE RENEWAL 84800 08/29/2024 Dopudja & Wells Consulting Inc. 8,198.75 J24-01S SEPTIC TO SEWER STUDY PROFESSIONAL SERVICES - JULY 2024 84801 08/29/2024 Eisel Enterprises, Inc. 20,102.92 J20-59, J22-15, J23-16 VALVE CAN LIDS & BOXES 84802 08/29/2024 Elite Equipment Inc 1,662.57 TRENCH DIGGER & RAMMER REPAIR 84803 08/29/2024 Enkay Engineering & Equipment Inc 1,400.00 TRANSITE PIPE PICKUP (ASBESTOS) 84804 08/29/2024 FedEx Office 33.10 SHIPPING EXPENSE 84805 08/29/2024 Ferguson US Holdings, Inc 12,923.28 OPERATIONS WORK MATERIAL 84806 08/29/2024 Fieldman Rolapp & Associates 2,471.40 PROFESSIONAL SERVICES - FITCH REVIEW & LTFP 84807 08/29/2024 Fuller Truck Accessories 3,865.13 MOUNT & LIGHT BAR FOR UNIT #252 84808 08/29/2024 General Pump Co., Inc. 4,050.00 BOX CANYON MOTOR INSPECTION 84809 08/29/2024 G.M. Sager Construction Co., Inc. 63,860.00 PAVING REPAIRS AT VARIOUS LOCATIONS 84810 08/29/2024 Grainger 67.99 HYDRANT REPAIR PARTS 84811 08/29/2024 G Saenger & Company, LLC 8,750.00 PROFESSIONAL SERVICES - RECRUITMENT 84812 08/29/2024 Hach Company 2,159.55 WATER QUALITY TEST MATERIAL 84813 08/29/2024 Health and Human Resource Center, Inc. 127.98 EAP - SEPTEMBER 2024 84814 08/29/2024 Infosend Inc. 5,043.97 BILLING & POSTAGE CUSTOMER BILL 84815 08/29/2024 Jackson's Auto Supply - Napa 239.12 PARTS FOR UNIT #175 & 215 84816 08/29/2024 KB Design 1,594.22 LOGO SHIRTS & SWEATSHIRTS FOR STAFF 84817 08/29/2024 Killingsworth Gear 1,169.33 FREIGHT CHARGE - WELL ENGINE PARTS 84818 08/29/2024 Konica Minolta Business 644.26 COPIER AGREEMENT 84819 08/29/2024 Liebert Cassidy Whitmore 129.00 LEGAL SERVICES JULY 2024 84820 08/29/2024 Line-X of Orange County 3,235.63 LINER FOR UNIT #247 84821 08/29/2024 LPR-Laser Printer Repair Co 125.00 ON SITE PRINTER MAINTENANCE 84822 08/29/2024 Richard Mark Toy 181.75 TRAVEL REIMBURSEMENT - FIRO WORKSHOP 84823 08/29/2024 Mc Fadden-Dale Hardware 527.41 J23-55 WELL #5 REHABILITATION PARTS & CCTV PARTS FOR UNIT #175 84824 08/29/2024 Mc Master-Carr Supply Co. 514.43 SHELVES FOR PRODUCTION 84825 08/29/2024 Minuteman Press 880.27 HANGING DOOR TAGS 84826 08/29/2024 Michael K. Nunley & Associates 23,735.50 J24-20 WATERLINE REPLACEMENT PROFESSIONAL SERVICES - JULY 2024 84827 08/29/2024 Multiquip Inc 12,340.42 NEW LIGHT TOWER 84828 08/29/2024 Nu Line Technologies, LLC 26,125.47 J23-40S SEWER CIPP REHABILITATION SERVICES 84829 08/29/2024 Peter Babashoff 190.00 CERTIFICATE REIMBURSEMENT - DISTRIBUTION 3 84830 08/29/2024 Project Energy Savers, LLC 505.79 PROMOTIONAL ITEM - CAREERS IN WATER BROCHURE 84831 08/29/2024 Psomas & Associates 22,501.50 J24-06 & J24-29 PROFESSIONAL SERVICES - JULY 2024 84832 08/29/2024 P.T.I. Sand & Gravel, Inc. 1,544.41 ROAD MATERIAL 84833 08/29/2024 Red Wing Shoes 3,801.11 SAFETY BOOTS FOR STAFF 84834 08/29/2024 Ricardo De Anda 80.00 CERTIFICATE REIMBURSEMENT - DISTRIBUTION 2 84835 08/29/2024 R.O. Meyer Corp 24,680.00 PAINTING SERVICES - VARIOUS LOCATIONS 84836 08/29/2024 Ruben Maldonado 300.00 SAFETY BOOT REIMBURSEMENT 84837 08/29/2024 Safety-Kleen Systems Inc 2,019.35 HAZARDOUS MATERIAL DISPOSAL 84838 08/29/2024 Shoeteria Industrial 4,170.53 SAFETY BOOTS FOR STAFF 84839 08/29/2024 Shred Confidential, Inc. 91.13 MONTHLY SHRED SERVICE 84840 08/29/2024 Sunstate Equipment Co 1,153.28 BOOM LIFT RENTAL FEES 84841 08/29/2024 Tetra Tech, Inc. 6,970.00 J20-37 TIMBER RIDGE PROFESSIONAL SERVICES - APRIL 2024 84842 08/29/2024 Townsend Public Affairs, Inc. 5,000.00 CONSULTING SERVICES - AUGUST 2024 84843 08/29/2024 United Industries 995.49 OPERATIONS PPE & CLEANING SUPPLIES 84844 08/29/2024 U S Bank 3,000.00 BOND 22A ADMIN FEES 7/1/24-6/30/25 84845 08/29/2024 West Coast Batteries Inc 1,099.16 BATTERIES MECHANIC SHOP 84846 08/29/2024 Yvette Hanna 20.38 TRAVEL REIMBURSEMENT - WEROC SAP TRAINING 408,419.85 For Checks Dated: 8/15/2024 thru 8/29/2024 Yorba Linda Water District Check Register Page 53 of 165 08/15/2024 PAYROLL - EMPLOYEE DIRECT DEPOSIT 254,630.97 08/15/2024 PAYROLL - PAYROLL TAX PAYMENT 74,060.23 08/15/2024 PAYROLL - CALPERS & TASC 62,119.15 84771 08/15/2024 California State Disbursement Unit 665.88 84772 08/15/2024 Colonial Life 88.21 84773 08/15/2024 Lincoln Financial Group 2,456.53 84774 08/15/2024 Nationwide Retirement Solutions 21,358.15 415,379.12 Payroll Checks #17 Page 54 of 165 ITEM NO. 12.3. AGENDA REPORT MEETING DATE: September 12, 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 Month Ended July 31, 2024 RECOMMENDATION: That the Board of Directors receive and file the Cash and Investment Reports for Month Ended July 31, 2024. SUMMARY: 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 & Investment Portfolio Report presents the market value and percent yield for all District investments by institution. The Cash & Investment Summary Report includes budget and actual interest and average term portfolio information as well as market value broken out by reserve categories. The Fair Value Measurement Report categorizes investments by the fair value hierarchy established by generally accepted accounting principles. The average portfolio yield for the month ended July 31, 2024 is 5.01% The District's Total Cash and Investment balance as of July 31, 2024 resulted in an overall net decrease from that of June 30, 2024 by approximately $3.5 million. This decrease is predominantly due to the negative net result of cash inflows and outflows in the Operating Funds by approximately $3.8 million. ATTACHMENTS: 1. Cash and Investment Reports - July 2024 Page 55 of 165 Market %Date of Percent Value Par of Total Institution Maturity Yield Checking Account: 1,931,386$ 1,931,386$ Wells Fargo Bank 1,931,386$ 1,931,386$ 3.02%Total 0.00% Depository Account 355,084$ 355,084 US Bank Depository Account (Lennar - Cielo Vista Dev)0.00% 355,084$ 355,084$ 0.55%0.00% Money Market Accounts: 892,700$ 892,700$ US Bank (2017A & 2022A Revenue Bonds)4.92% 4,683,356 4,683,356 US Bank (Money Market)4.98% 1,922,353 1,922,353 Wells Fargo Bank - Sweep Account 4.85% 1,384,482 1,384,482 Public Agency Retirement Svcs. (PARS)6.29% 8,882,891$ 8,882,891$ 13.88%Total 6.10% California Asset Mgmt. Program Term Investments: 20,500,000$ 20,500,000$ CAMP (Investment Fund)5.43% 20,500,000$ 20,500,000$ 32.04%5.43% US Treasury Notes 797,768 800,000 US Treasury Note 8/31/2024 1.88% 798,344 800,000 US Treasury Note 9/30/2024 4.26% 798,048 800,000 US Treasury Note 10/31/2024 4.39% 808,072 810,000 US Treasury Note 11/30/2024 4.51% 807,052 810,000 US Treasury Note 12/31/2024 4.27% 811,072 815,000 US Treasury Note 1/31/2025 4.14% 808,113 810,000 US Treasury Note 2/28/2025 4.64% 804,346 810,000 US Treasury Note 3/31/2025 3.90% 773,186 785,000 US Treasury Note 4/30/2025 2.92% 7,206,000$ 7,240,000$ 11.26%Total 3.88% Pooled Investment Accounts: 10,476,431$ 10,476,431$ Local Agency Investment Fund 4.52% 14,629,215 14,629,215 CAMP (Liquidity Fund)5.44% 25,105,646$ 25,105,646$ 39.24%5.06% 63,981,007$ 64,015,007$ 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. 7/31/24 Yorba Linda Water District Cash & Investment Portfolio Report July 31, 2024 ________________________________ Delia Lugo, Finance Manager Page 56 of 165 Checking Account:1,931,386$ 3.02% Money Market Accounts:8,882,891$ 13.88% US Treasury Notes:7,206,000$ 11.26% CAMP Term Investments:20,500,000$ 32.04% Pooled Investment Accounts:25,105,646$ 39.24% Depository Account 355,084$ 0.55% Total 63,981,007$ 100.00% Checking Account: 3.02% Money Market Accounts: 13.88% US Treasury Note 11.26% CAMP Term Investments: 32.04% Pooled Investment Accounts: 39.24% Depository Account 0.55% INVESTMENT BY CATEGORY BALANCES (AS OF 7-31-2024) Checking Account: Money Market Accounts: US Treasury Notes: CAMP Term Investments: Pooled Investment Accounts: Depository Account Page 57 of 165 Below is a chart summarizing the yields as well as terms and maturities for the month of July 2024: Average # of Month Portfolio Days to of 2024 Yield Maturity July 5.01%1 Below are charts comparing operating fund interest for current and prior fiscal years. Actual Interest 7/31/2023 7/31/2024 Monthly - July 136,002$ 127,982$ Year-to-Date 136,002$ 127,982$ Budget 2023/2024 2024/2025 Interest Budget, July YTD 82,900$ 142,500$ Interest Budget, Annual 994,800$ 1,710,000$ Interest earned on investments is recorded in the fund that owns the investment. The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds is as follows: The table below displays the District's Cash and Investment balance of $67.4 million which is allocated between the established reserve funds, Wells Fargo Checking Account, and restricted funds held at U.S. Bank for current Bond transactions and PARS for the pension/OPEB transactions. The estimated number of Days in Cash, based on the preliminary unaudited statements, are 368 for the Un-Restricted Water Reserve and 813 for the Un-Restricted Sewer Reserve balances, as of July 31, 2024. June 2024 % Alloc July 2024 % Alloc Fund Description Balance 6/30/2024 Balance 7/31/2024 Water Operating Reserve 28,631,520$ 51.48%19,173,670$ 36.72% Water Emergency Reserve 7,865,602 14.14%7,866,843 15.07% Water Capital Project Reserve 5,617,536 10.10%11,198,081 21.45% MWD Contingency Reserve - 0.00%- 0.00% Rate Stabilization Reserve 4,570,138 8.22%4,575,355 8.76% Un-Restricted Water Reserve Balance 46,684,796$ 42,813,949$ Conservation Reserve 82,082$ 0.15%82,085$ 0.16% Employee Liability Reserve 332,170 0.60%732,180 1.40% Restricted Reserve Balance 414,252$ 814,265$ Sewer Operating Reserve 3,278,585$ 5.90%2,113,680$ 4.05% Sewer Emergency Reserve 2,135,597 3.84%2,144,189 4.11% Sewer Capital Project Reserve 3,101,595 5.58%4,325,271 8.28% Un-Restricted Sewer Reserve Balance 8,515,777$ 8,583,140$ Total Reserve Balances 55,614,824$ 100.00%52,211,355$ 100.00% Water Operating - General 1,115,438 1,138,311 Sewer Operating 952,163 793,075 2,067,602 1,931,386 Rev. Bond 2017A-Principal & Interest 299 300 Rev. Bond 2022A - Acquisition & COI 8,040,362 8,098,400 Depository Account - Lennar - Cielo Vista Dev 355,083 355,084 Public Agency Retirement Svc. -PARS (Restricted)1,353,478 1,384,482 Total Cash and Investments 67,431,647$ 63,981,007$ Cash & Investment Summary Comparison Between Current and Previous Month Wells Fargo Bank Checking US Bank Held (Restricted) YLWD Cash & Investment Summary Report Page 58 of 165 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 Requisition #2 - Reimburse District for eligible construction costs ($2,725,606) 10/27/22 Requisition #3 - Reimburse District for eligible construction costs ($391,170) 11/29/22 Requisition #4 - Reimburse District for eligible construction costs ($201,714) 01/27/23 Requisition #5 - Reimburse District for eligible construction costs ($167,104) 03/28/23 Requisition #6 - Reimburse District for eligible construction costs ($849,529) 04/26/23 Requisition #7 - Reimburse District for eligible construction costs ($121,844) 05/22/23 Requisition #8 - Reimburse District for eligible construction costs ($1,125,195) 06/26/23 Requisition #9 - Reimburse District for eligible construction costs ($496,613) 07/31/23 Requisition #10 - Reimburse District for eligible construction costs ($1,455,452) 09/07/23 Requisition #11 - Reimburse District for eligible construction costs ($2,346,194) 09/28/23 Requisition #12 - Reimburse District for eligible construction costs ($758,552) 10/26/23 Requisition #13 - Reimburse District for eligible construction costs ($618,807) 11/22/23 Requisition #14 - Reimburse District for eligible construction costs ($1,011,214) 12/21/23 Requisition #15 - Reimburse District for eligible construction costs ($1,196,625) 01/30/24 Requisition #16 - Reimburse District for eligible construction costs ($23,992) 02/23/24 Requisition #17 - Reimburse District for eligible construction costs ($545,990) 03/27/24 Requisition #18 - Reimburse District for eligible construction costs ($1,585,070) 04/23/24 Requisition #19 - Reimburse District for eligible construction costs ($84,992) 05/29/24 Requisition #20 - Reimburse District for eligible construction costs ($1,275,573) Available Balance of Target Spenddown as of July 31, 2024 $3,636,574 Yorba Linda Water District Financing Authority Revenue Bonds, Series 2022A Activity Summary as of July 31, 2024 $3,636,574 18% $16971236 82% Revenue Bonds, Series 2022A Use of Funds to Meet Minimum 85% Spenddown Target by July 28, 2025 Available Balance as of Reporting Date Total Spenddown to Date Page 59 of 165 Transaction Date Transaction Description Water Operating Pension Water Operating OPEB Sewer Operating Pension Sewer Operating OPEB Account Total Beginning Balance as of 7/1/24 896,288.06 343,647.16 92,830.61 20,712.59 1,353,478.42 7/31/2023 Management Fees (434.58)(166.62)(45.01)(10.04)1,352,822.17 7/31/2023 Investment Gain/(Loss) 20,965.48 8,038.40 2,171.44 484.50 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 1,384,481.99 Account Balance by Account Type 916,818.96 351,518.94 94,957.04 21,187.05 1,384,481.99$ 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 320,621.88$ 138,810.62 459,432.50 Total Management Fees from Inception (30,300.88)$ (15,506.75) (45,807.63) Balance as of 6/30/2024 1,011,776.00$ 372,705.99$ 1,384,481.99$ PARS (Public Agency Retirement Services) Funding Summary for June 30, 2025 Page 60 of 165 ITEM NO. 12.4. AGENDA REPORT MEETING DATE: September 12, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Amendments to Conflict of Interest Code RECOMMENDATION: That the Board of Directors adopt Resolution No. 2024-XX adopting a Conflict of Interest Code which supersedes all prior conflict of interest codes and amendments previously adopted. BACKGROUND: In compliance with the Political Reform Act (Section 81000 et. seq. of the California Government Code), the Board of Directors has adopted a Conflict of Interest Code (Code) governing the disclosure of financial interests by certain designated position classifications of the District. The Act also requires every local government agency to review its Code a minimum of every two years. Following this biennial review, staff identified the following revisions to the District's Code since the last update and has prepared the attached for Board consideration. ▪ Human Resources Analyst was added following review of assigned duties. ▪ Senior Accountant was renamed to Accounting Supervisor, Customer Service Billing Administrator was renamed to Customer Service Supervisor, and Public Affairs Manager was renamed to Public Affairs Officer. ▪ Director of Public Affairs, Information Technology Manager, Management Analyst, Senior Management Analyst, and Senior Project Manager are inactive classifications and have been removed. PRIOR RELEVANT BOARD ACTION: The District's Code was last amended on October 24, 2022. ATTACHMENTS: 1. Resolution No. 2024-XX - Amending Conflict of Interest Code 2. Exhibits A and B - REDLINE 3. Exhibits A and B - FINAL Page 61 of 165 Resolution No. 2024-XX Adopting a Conflict of Interest Code 1 RESOLUTION NO. 2024-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED WHEREAS, the Political Reform Act of 1974, California Government Code Sections 81000 et. seq. (“the Act”), requires a local government agency to adopt a Conflict of Interest Code pursuant to the Act; and WHEREAS, the Yorba Linda Water District has previously adopted a Conflict of Interest Code and that Code now requires updating; and WHEREAS, amendments to the Act have in the past and foreseeably will in the future require conforming amendments to be made to the Conflict of Interest Code; and WHEREAS,the Fair Political Practices Commission has adopted a regulation, Title 2, Division 6, California Code of Regulations, Section 18730, which contains terms for a standard model Conflict of Interest Code, which, together with amendments thereto, may be adopted by public agencies and incorporated by reference to save public agencies time and money by minimizing the actions required of such agencies to keep their codes in conformity with the Act. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1.The terms of Title 2, Division 6, California Code of Regulations, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, together with Attachment A and Exhibits A and B in which members and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the Yorba Linda Water District. Section 2.The provisions of all Conflict of Interest Codes and Amendments thereto previously adopted by the Yorba Linda Water District are hereby superseded. Page 62 of 165 Resolution No. 2024-XX Adopting a Conflict of Interest Code 2 Section 3. The Filing Officer is hereby authorized to forward a copy of this Resolution to the Clerk of the Orange County Board of Supervisors for review and approval by the Orange County Board of Supervisors as required by California Government Code Section 87303. PASSED AND ADOPTED this 12th day of September 2024 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Trudi DesRoches, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP Page 63 of 165 Resolution No. 2024-XX Adopting a Conflict of Interest Code 3 ATTACHMENT A CONFLICT OF INTEREST CODE FOR THE YORBA LINDA WATER DISTRICT The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, Title 2, Division 6, California Code of Regulations, Section 18730, which contains the terms of a standard Conflict of Interest Code, which may be incorporated by reference in an agency’s code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of Title 2, Division 6, California Code of Regulations, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Yorba Linda Water District. Designated employees shall file statements of economic interests with the Yorba Linda Water District’s Political Reform Act Filing Officer, Board Secretary, who will make the statements available for public inspection and reproduction (Government Code Section 81008). Upon receipt of the statements of Members of the Board of Directors, General Manager, Assistant General Manager, Finance Manager, General Counsel, Labor Counsel, Accounting Supervisor, Assistant Engineer I, Assistant Engineer II, Assistant Engineer III, Associate Engineer, Customer Service Supervisor, Engineering Manager, Human Resources Analyst, Human Resources and Risk Manager, Information Systems Administrator, Maintenance Superintendent, Operations Assistant, Operations Manager, Operations Superintendent, Principal Engineer, Production Superintendent, Public Affairs Officer, Records Management Administrator, Senior Engineer, Senior Executive Assistant/Board Secretary, and Senior Information Systems Administrator, the Yorba Linda Water District’s Filing Officer shall make and retain a copy and forward the original of these statements to the Clerk of the Orange County Board of Supervisors as the Filing Officer for these designated positions. Statements for all other designated positions, such as consultants, will be retained by the Yorba Linda Water District’s Filing Officer. Page 64 of 165 Entity:Water Districts Yorba Linda Water DistrictAgency: Conflict of Interest Code EXHIBIT A (Working Draft) Position Disclosure Category Files With Status Accounting Supervisor OC-05 COB Renamed Reason: Classification renamed. Formerly Senior Accountant. Assistant Engineer I OC-05 COB Unchanged Assistant Engineer II OC-05 COB Unchanged Assistant Engineer III OC-05 COB Unchanged Associate Engineer OC-05 COB Unchanged Consultant OC-30 Agency Unchanged Customer Service Supervisor OC-05 COB Renamed Reason: Classification renamed. Formerly Customer Service Billing Administrator. Director of Public Affairs OC-41 COB Deleted Reason: Classification inactive. Engineering Manager OC-41 COB Unchanged General Counsel OC-01 COB Unchanged Human Resources Analyst OC-05 COB Added Reason: Determination was made that duties assigned to this classification require filing of statement of economic interests. Human Resources and Risk Manager OC-41 COB Unchanged Information Systems Administrator OC-05 COB Unchanged Information Technology Manager OC-41 COB Deleted Reason: Classification inactive. Labor Counsel OC-01 COB Unchanged Maintenance Superintendent OC-05 COB Unchanged Management Analyst OC-05 COB Deleted Reason: Classification inactive. Operations Assistant OC-05 COB Unchanged Operations Manager OC-41 COB Unchanged Operations Superintendent OC-05 COB Unchanged Principal Engineer OC-05 COB Unchanged Production Superintendent OC-05 COB Unchanged Public Affairs Officer OC-05 COB Renamed Reason: Classification renamed. Formerly Public Affairs Manager. Records Management Administrator OC-05 COB Unchanged Senior Engineer OC-05 COB Unchanged Senior Executive Assistant/Board Secretary OC-05 COB Unchanged August 27 2024 03:40:20 PM Page 1 of 2 Page 65 of 165 Entity:Water Districts Yorba Linda Water DistrictAgency: Conflict of Interest Code EXHIBIT A (Working Draft) Position Disclosure Category Files With Status Senior Information Systems Administrator OC-05 COB Unchanged Senior Management Analyst OC-05 COB Deleted Reason: Classification inactive. Senior Project Manager OC-05 COB Deleted Reason: Classification inactive. Total: 29 OFFICIALS WHO ARE SPECIFIED IN GOVERNMENT CODE SECTION 87200 Officials who are specified in Government Code section 87200 (including officials who manage public investments, as defined by 2 Cal. Code of Regs. § 18700.3 (b)), are NOT subject to the Agency’s Conflict of Interest Code, but are subject to the disclosure requirements of the Political Reform Act, Government Code section 87100, et seq. Gov’t Code § 87203. These positions are listed here for informational purposes only. The positions listed below are officials who are specified in Government Code section 87200: Assistant General Manager Files with COB Unchanged Finance Manager Files with COB Unchanged General Manager Files with COB Unchanged Member of the Board of Directors Files with COB Unchanged The disclosure requirements for these positions are set forth in Government Code section 87200, et. seq. They require the disclosure of interests in real property in the agency’s jurisdiction, as well as investments, business positions and sources of income (including gifts, loans and travel payments). August 27 2024 03:40:20 PM Page 2 of 2 Page 66 of 165 Disclosure Category Disclosure Description Status Water Districts Yorba Linda Water District Entity: Agency: Disclosure Descriptions EXHIBIT B (Working Draft) 87200 Filer Form 87200 filers shall complete all schedules for Form 700 and disclose all reportable sources of income, interests in real property, investments and business positions in business entities, if applicable, pursuant to Government Code Section 87200 et seq.. Unchanged OC-01 All interests in real property in Orange County, the authority or the District as applicable, as well as investments, business positions and sources of income (including gifts, loans and travel payments). Unchanged OC-05 All investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide services, supplies, materials, machinery, equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. Unchanged OC-30 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The County Department Head/Director/General Manager/Superintendent/etc. may determine that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure required. The determination of disclosure is a public record and shall be filed with the Form 700 and retained by the Filing Officer for public inspection. Unchanged OC-41 All interests in real property in Orange County, the District or Authority, as applicable, as well as investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide services, supplies, materials, machinery, vehicles, or equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. Unchanged Grand Total: 5 August 27 2024 03:40:21 PM Page 1 of 1 Page 67 of 165 Entity:Water Districts Yorba Linda Water DistrictAgency: Conflict of Interest Code EXHIBIT A (Working Draft) Position Disclosure Category Files With Accounting Supervisor OC-05 COB Assistant Engineer I OC-05 COB Assistant Engineer II OC-05 COB Assistant Engineer III OC-05 COB Associate Engineer OC-05 COB Consultant OC-30 Agency Customer Service Supervisor OC-05 COB Engineering Manager OC-41 COB General Counsel OC-01 COB Human Resources Analyst OC-05 COB Human Resources and Risk Manager OC-41 COB Information Systems Administrator OC-05 COB Labor Counsel OC-01 COB Maintenance Superintendent OC-05 COB Operations Assistant OC-05 COB Operations Manager OC-41 COB Operations Superintendent OC-05 COB Principal Engineer OC-05 COB Production Superintendent OC-05 COB Public Affairs Officer OC-05 COB Records Management Administrator OC-05 COB Senior Engineer OC-05 COB Senior Executive Assistant/Board Secretary OC-05 COB Senior Information Systems Administrator OC-05 COB Total: 24 OFFICIALS WHO ARE SPECIFIED IN GOVERNMENT CODE SECTION 87200 Officials who are specified in Government Code section 87200 (including officials who manage public investments, as defined by 2 Cal. Code of Regs. § 18700.3 (b)), are NOT subject to the Agency’s Conflict of Interest Code, but are subject to the disclosure requirements of the Political Reform Act, Government Code section 87100, et seq. Gov’t Code § 87203. These positions are listed here for informational purposes only. The positions listed below are officials who are specified in Government Code section 87200: August 27 2024 05:32:10 PM Page 1 of 2 Page 68 of 165 Entity:Water Districts Yorba Linda Water DistrictAgency: Conflict of Interest Code EXHIBIT A (Working Draft) Assistant General Manager Files with COB Finance Manager Files with COB General Manager Files with COB Member of the Board of Directors Files with COB The disclosure requirements for these positions are set forth in Government Code section 87200, et. seq. They require the disclosure of interests in real property in the agency’s jurisdiction, as well as investments, business positions and sources of income (including gifts, loans and travel payments). August 27 2024 05:32:10 PM Page 2 of 2 Page 69 of 165 Disclosure Category Disclosure Description Water Districts Yorba Linda Water District Entity: Agency: Disclosure Descriptions EXHIBIT B (Working Draft) 87200 Filer Form 87200 filers shall complete all schedules for Form 700 and disclose all reportable sources of income, interests in real property, investments and business positions in business entities, if applicable, pursuant to Government Code Section 87200 et seq.. OC-01 All interests in real property in Orange County, the authority or the District as applicable, as well as investments, business positions and sources of income (including gifts, loans and travel payments). OC-05 All investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide services, supplies, materials, machinery, equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. OC-30 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The County Department Head/Director/General Manager/Superintendent/etc. may determine that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure required. The determination of disclosure is a public record and shall be filed with the Form 700 and retained by the Filing Officer for public inspection. OC-41 All interests in real property in Orange County, the District or Authority, as applicable, as well as investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide services, supplies, materials, machinery, vehicles, or equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. Grand Total: 5 August 27 2024 05:32:10 PM Page 1 of 1 Page 70 of 165 ITEM NO. 12.5. AGENDA REPORT MEETING DATE: September 12, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne Weston, Engineering Manager Yvette Hanna, Senior Engineer SUBJECT: Notice of Exemption for FY24-25 Waterline Replacement Placentia Project RECOMMENDATION: That the Board of Directors consent to filing the Notice of Exemption (NOE) with the Orange County Clerk Recorder's office for the FY24-25 Waterline Replacement Placentia Project, Job No. J- 2024- 20. BACKGROUND: The FY24-25 Waterline Replacement Placentia Project includes replacement of approximately 1,100 feet of 6-inch water main with 8-inch water mains to provide fire flow enhancements in an existing residential area. These waterlines are located on McKenzie Drive, Lute Avenue, Roxborough Drive, and Cedarlawn Drive in the City of Placentia. Before the District can move forward with installation of the waterline, 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 exempt from CEQA and a Notice of Exemption has been prepared for Board review and approval. STRATEGIC PLAN INITIATIVES: G1 2A - Comply with all regulatory requirements (e.g. water quality, environmental, backflow).; G1 3A - Develop/implement Capital Improvement Program (CIP). ATTACHMENTS: 1. Vicinity Map Page 71 of 165 Waterline Replacement Placentia Project Vicinity Map Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Parcel Lot Line 0 0.04 0.080.02 mi 0 0.07 0.130.03 km 1:2,569 Page 72 of 165 ITEM NO. 12.6. AGENDA REPORT MEETING DATE: September 12, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne Weston, Engineering Manager Yvette Hanna, Senior Engineer SUBJECT: Notice of Exemption for FY24-25 Fire Flow Enhancement at PYLUSD Schools Project RECOMMENDATION: That the Board of Directors consent to filing the Notice of Exemption (NOE) with the Orange County Clerk Recorder's office for the FY24-25 Fire Flow Enhancement at PYLUSD Schools Project, Job No. J- 2024-29. BACKGROUND: The FY24-25 Fire Flow Enhancement at PYLUSD Schools Project includes the installation of approximately 370 feet of a new 8-inch waterline to join the existing 6-inch waterline in the south portion of the Mabel Paine Elementary School field and the existing 12-inch waterline in Plumosa Drive within an existing dedicated District easement. The additional connection point on Plumosa Drive will create a loop in the water distribution system that will provide redundancy. The project also includes the replacement of approximately 540 feet of an existing 6-inch waterline with a 10-inch waterline at Charles Wagner Elementary School within a District dedicated easement in a private drive. The pipeline improvements will improve fire flow capacity for the two Placentia-Yorba Linda Unified School District schools. Before the District can move forward with installation of the waterline, 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 exempt from CEQA and a Notice of Exemption has been prepared for Board review and approval. STRATEGIC PLAN INITIATIVES: G1 2A - Comply with all regulatory requirements (e.g. water quality, environmental, backflow).; G1 3A - Develop/implement Capital Improvement Program (CIP). ATTACHMENTS: 1. Vicinity Maps Page 73 of 165 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 0.01 0.030.01 mi 0 0.03 0.050.01 km 1:951 Page 74 of 165 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 0.03 0.060.01 mi 0 0.05 0.10.03 km 1:1,901 Page 75 of 165 ITEM NO. 12.7. AGENDA REPORT MEETING DATE: September 12, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne P. Weston, Engineering Manager Yvette Hanna, Senior Engineer Ariel Bacani, Assistant Engineer III SUBJECT: Terms and Conditions for Water Service with MPSM Management Revocable Family Trust, 2095 East Orangethorpe Avenue RECOMMENDATION: That the Board of Directors approve the Terms and Conditions for Water Service with MPSM Management Revocable Family Trust, 2095 East Orangethorpe Avenue, Job No. J-2024-57. FISCAL IMPACT: Developer Funded 1-2600 BACKGROUND: The applicant, MPSM Management Revocable Family Trust, proposes to construct a two-unit commercial building within the Cobblestone Village Shopping Center, located on the north side of Orangethorpe Avenue, west of the Lakeview Avenue Bridge, in the City of Placentia, as shown in the attached Project Exhibit and Vicinity Map. The District has an existing Zone 1A, 10-inch water pipeline within the Cobblestone Village Shopping Center that is adequate in size and of sufficient pressure to serve the project. The applicant requests to install two water meters and one irrigation meter and relocate an existing fire hydrant for this commercial development. Staff requires the proposed water improvements to be constructed per District specifications. Sewer service for this project is provided by the City of Placentia. ATTACHMENTS: 1. Terms and Conditions 2. Project Exhibit 3. Vicinity Map Page 76 of 165 Date: YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR WATER SERVICE NAME OF APPLICANT: MPSM MANAGEMENT REVOCABLE FAMILY TRUST LOCATION OF PROJECT: 2095 E. ORANGETHORPE AVENUE, PLACENTIA TRACT NUMBER: N/A JOB NUMBER: J-2024-57 SEWER: N/A UNIT(S): 2 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 by the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer (licensed prior to January 1, 1982) licensed to practice in the State of California. 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. 5, 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 77 of 165 Page 2 of 5 NAME OF APPLICANT: MPSM MANAGEMENT REVOCABLE FAMILY TRUST LOCATION OF PROJECT: 2095 E. ORANGETHORPE AVENUE, PLACENTIA 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 2016 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 plan 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 78 of 165 Page 3 of 5 NAME OF APPLICANT: MPSM MANAGEMENT REVOCABLE FAMILY TRUST LOCATION OF PROJECT: 2095 E. ORANGETHORPE AVENUE, PLACENTIA 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 cost in the event the Orange County Fire Authority or fire agency having jurisdiction, 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 the curb 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. 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 have over 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 79 of 165 Page 4 of 5 NAME OF APPLICANT: MPSM MANAGEMENT REVOCABLE FAMILY TRUST LOCATION OF PROJECT: 2095 E. ORANGETHORPE AVENUE, PLACENTIA 31)☒The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. 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. (END OF STANDARD TERMS AND CONDITIONS) Page 80 of 165 Page 5 of 5 NAME OF APPLICANT: MPSM MANAGEMENT REVOCABLE FAMILY TRUST LOCATION OF PROJECT: 2095 E. ORANGETHORPE AVENUE, PLACENTIA PROJECT SPECIFIC TERMS AND CONDITIONS 36)☒The applicant shall relocate an existing fire hydrant to a new parking island within the project site, per approved plans and District Specifications. I hereby certify that the foregoing Terms and Conditions were approved at the September 12, 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 and Sewer 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 81 of 165 Page 82 of 165 VICINITY MAP - 2095 E. ORANGETHORPE AVENUE, PLACENTIA Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Parcel Lot Line Park Trail City Park Green Belt Water Body Pool Rail Road Rail Road Lic/Esmt Building School Public Private Street CL Alley August 27, 2024 0 0.02 0.040.01 mi 0 0.04 0.070.02 km 1:1,657 PROJECT LOCATION Page 83 of 165 ITEM NO. 12.8. Yorba Linda Water District AGENDA REPORT MEETING DATE: September 12, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne Weston, Engineering Manager Ethan Nakano, Associate Engineer SUBJECT: Declaration of Restrictive Covenants at 4845 Main Street with the Yorba Linda Masonic Temple Association RECOMMENDATION: That the Board of Directors authorize the Board President and General Manager to execute a Declaration of Restrictive Covenants with the Yorba Linda Masonic Temple Association at 4845 Main Street. SUMMARY: The District has multiple recorded easements located at 4845 Main Street and 4852 Olinda Street. The property owner at 4845 Main Street requests to construct a vinyl fence and gates within and along District easements located on 4845 Main Street and 4852 Olinda Street to secure their property. Location of the improvements requested above are shown on Exhibit "D" of the attached Declaration of Restrictive Covenants. District Engineering and Operations staff have coordinated with the City of Yorba Linda and the property owner on the limits of the encroachment. District staff recommend that the Board of Directors authorize the execution of this Declaration of Restrictive Covenants. FISCAL IMPACT: None BACKGROUND: During the District's Main Street Sewer Replacement project, the existing fence and gates at 4845 Main Street were removed during construction as they were encroaching on the District Easement. The District also acquired additional easement area on the adjacent property, 4852 Olinda Street, from the City of Yorba Linda prior to construction of the Main Street Sewer Replacement project. Due to this additional easement area, the property owner at 4845 Main Street would need to build a portion of the new fence and gates on the adjacent property, 4852 Olinda Street. The City of Yorba Linda currently owns 4852 Olinda Street and City Council has approved execution of a Declaration of Restrictive Covenants to conditionally allow the property owner to construct the new fence on their property. The City included a provision that removal or reconfiguration of the encroachment improvements by the 4845 Main Street property owner may be necessary if the encroached properties are developed in the future. The District's proposed Declaration of Restrictive Covenants includes similar language to protect the District's access to its sewer facilities. Page 84 of 165 The District owns an 8" sewer main within the easement area located at 4845 Main Street. District staff has reviewed the proposed improvements and confirmed the ability to access and maintain the District's facilities in this area. The owner understands that with execution of the Declaration of the Restrictive Covenants, the District would not be liable for damage or replacement of these improvements. REVIEWED BY GENERAL COUNSEL: Yes ATTACHMENTS: 1. 4845 Main St - Declaration of Restrictive Covenants Page 85 of 165 YLWD DoRC Rev. 11/08/22 1 RECORDING REQUESTED BY and when recorded return to: Yorba Linda Water District PO Box 309 Yorba Linda, California 92885-0309 This is to certify that this Declaration of Restrictive Covenants is presented for recording under the provisions of Gov. Code Sec. 27383 by the Yorba Linda Water District in the performance of an official service thereof. ____________________________________ Richard Mark Toy General Manager Space Above This Line for Recorder’s Use DECLARATION OF RESTRICTIVE COVENANTS (ENCROACHMENT ON YLWD EASEMENT) THIS DECLARATION OF RESTRICTIVE COVENANTS (“Declaration”) is made and effective on by and between YORBA LINDA WATER DISTRICT (“YLWD”), a public agency, created and operating under the authority of Division 12 of the California Water Code, and YORBA LINDA MASONIC TEMPLE ASSOCIATION (“Owner”). YLWD and Owner are sometimes referred to herein individually as “Party” and collectively as “Parties”. RECITALS A. The Owner is the legal owner of that certain real property located at 4845 MAIN STREET (“Subject Property”), which is more particularly described as follows: LOTS 54 AND 55 OF THE NEWMARK TRACT, IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK NO. 7, PAGE(S) 45 AND 4 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. B. YLWD owns multiple Easements, as identified on the Deed of Easements listed below: 1. A 7-foot wide Easement recorded on March 11, 1985, Official Records of Orange County, California (“Easement”), across a portion of the Subject Property. The Easement is attached as Exhibit “A”. Within the Easement, YLWD owns and maintains an 8-inch sewer main pipeline and appurtenant structures (“YLWD Facilities”). 2. A 3-foot wide Easement recorded on November 9, 2023, Document No. 2023000274326, Official Records of Orange County, California (“Easement”), adjacent to the Subject Property. The Easement is attached as Exhibit “B”. Within the Easement, YLWD owns and maintains an 8-inch sewer main pipeline and appurtenant structures (“YLWD Facilities”). Page 86 of 165 YLWD DoRC Rev. 11/08/22 2 3. A 15-foot wide Easement recorded on November 9, 2023, Document No. 2023000274325, Official Records of Orange County, California (“Easement”), adjacent to the Subject Property. The Easement is attached as Exhibit “C”. Within the Easement, YLWD owns and maintains an 8-inch sewer main pipeline and appurtenant structures (“YLWD Facilities”). C. The Owner desires to construct approximately 34 linear feet of 6 feet high white vinyl fence and 3 double wide gates (collectively herein referred to as “Improvements”) within and along the Easement areas. This Declaration prohibits Owner, without YLWD’s authorization and a recorded amendment to this Declaration, from constructing and/or retaining any improvements (“Unauthorized Improvements”) other than the Improvements. D. The construction, existence, and/or use of the Improvements within and along the Easement area is hereinafter referred to as the “Encroachment”, which is illustrated in Exhibit “D” attached hereto. E. YLWD conditionally consents to the Encroachment as stipulated in this Declaration. The Owner is aware and hereby acknowledges that the Encroachment may lead to problems affecting and/or interfering with YLWD’s use of the Easement and access to YLWD Facilities. F. Although the construction and subsequent existence of the Improvements within and along the Easement area may interfere or restrict YLWD’s Easement rights, which may cause the Improvements to be damaged or demolished as authorized under this Declaration, the Owner wishes to proceed with the Encroachment. DECLARATION NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and conditions herein, the Parties declare as follows: 1. Covenant Running with Land. This Declaration constitutes a covenant running with the land as provided by the California Civil Code Section 1468 and shall benefit, burden, and bind the successive owners of the Subject Property and the Easement. 2. Successors and Assigns Obligation. Since the Owner wishes to retain the Encroachment, this Declaration obligates the current and future owners of the Subject Property to remedy any current and future adverse events and to fund any necessary maintenance and repair costs on the Easement and/or Subject Property that may arise in full or in part due to the existence, construction, or damages to the Easement and/or YLWD Facilities caused by the Encroachment. 3. Damages to YLWD Facilities. The Owner assumes full responsibility and liability and shall pay for any cost(s) or damage(s) to the YLWD Facilities, arising from the Encroachment. YLWD shall not be responsible for any cost(s) or damage(s) to the YLWD Facilities that arise from the Encroachment. Page 87 of 165 YLWD DoRC Rev. 11/08/22 3 4. Damages to Third Parties. The Owner, its successors or assigns, agrees to defend, indemnify and hold YLWD, its officers, directors, employees, agents, and consultants, harmless against any third-party claims arising out of the Encroachment. 5. Damages to Improvements. The Owner acknowledges that the Improvements may be damaged or demolished to permit access to, or work within and under, the Easement area and YLWD Facilities. YLWD, its officers, directors, employees, agents, and consultants, shall not be responsible or liable for any damage(s) to, or demolition of, the Improvements which result from YLWD’s exercise of rights under the Easement. The Owner, its successors or assigns, waives all known, unknown, and future claims, liabilities, causes of action, and expenses (including, but not limited to, attorneys’ fees) against YLWD, its officers, directors, employees, agents, and consultants, for losses and damages to the Improvements and from any obligation to protect, preserve, repair, or replace the Improvements. 6. Unauthorized Improvements. Unless approved in writing by the District, Owner shall not construct and/or retain any improvements other than the Improvements. If Owner constructs and/or retains any improvement other than the Improvements without District approval, YLWD may (a) require the improvement to be removed promptly at the Owner’s expense, (b) revoke the Encroachment, and/or (c) exercise any other legal remedy available to YLWD. Such Unauthorized Improvements shall be treated as Improvements and subject to this Declaration until YLWD makes its election under (a), (b), and/or (c) of this provision. 7. Improvements subject to removal or reconfiguration. Owner acknowledges that upon future development of the property located at 4852 OLINDA STREET (Lots 30 and 31 of the Newmark Tract), removal or reconfiguration of the improvements may be necessary subject to approval of both YLWD and the City of Yorba Linda. All costs associated with removal or replacement shall be the responsibility of the Owner. Upon written notice from YLWD, the Owner shall remove or reconfigure improvements within 60 calendar days. GENERAL PROVISIONS 8. Recitals. The above recitals are true and correct. 9. Entire Agreement. This Declaration represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. 10. Amendment to this Declaration. This Declaration may be amended only by written instrument signed by the Parties. 11. No Implied Waivers. If any term, condition, or provision of this Declaration is breached by either Party and thereafter waived by the other Party, that waiver will be limited to the specific breach so waived, and will not be deemed either to be a continual waiver or to waive any other breach under this Declaration. 12. Governing Law and Interpretation. This Declaration is to be governed under the laws of the State of California and interpreted according to its plain meaning as if drafted by both YLWD and Owner. Page 88 of 165 YLWD DoRC Rev. 11/08/22 4 13. Relationship of Parties. Nothing in this Declaration shall be deemed to create any form of business organization between the Parties, including, without limitation, a joint venture or partnership. 14. Resolution of Disputes. Pursuant to California Code of Civil Procedure Sections 638 et seq., any dispute arising out of this Declaration shall be resolved by judicial reference, in Orange County, by one judicial referee to determine all issues in dispute, whether of fact or of law, and to report a statement of decision. This is a waiver of any right that may exist to a jury trial, but the right to appeal is preserved. The Parties shall meet to select the referee no later than thirty (30) days after service of the initial complaint on all defendants named in the complaint. The referee must have substantial experience in the type of matter in dispute and without any relationship to either Party, unless the Parties agree otherwise. All costs incurred in connection with the judicial reference proceeding, including the cost of the stenographic record, shall be advanced equally by the Parties. However, the referee shall have the power to reallocate such costs among the Parties in the referee’s statement of decision. 15. Attorney’s Fees. In the event of any claim or legal action arising out of this Declaration, the prevailing party shall be entitled to reasonable costs and expenses, including attorney’s fees. 16. Severability. If any provision, right, or covenant of this Declaration is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the voided provision, right, or covenant shall be deemed severed from the remaining provisions of this Declaration, which shall remain valid and enforceable as permitted by law, and the Parties shall negotiate in good faith to replace the unenforceable provision(s) in accordance with the original purpose and intent of this Declaration so stated in the above Recitals. 17. Counterparts. This Declaration may be signed in multiple counterpart copies (signatures may be by facsimile or electronic mail), each of which shall be deemed an original. 18. Capacity of Signatory. The undersigned executing this Declaration on behalf of YLWD and Owner hereby personally warrant by signing this Declaration that they are authorized to bind such Party in executing this Declaration and are acting within the course and scope of that authority. 19. Recording of Declaration. This Declaration shall be recorded in the Office of the Recorder of the County of Orange, California, and shall constitute notice to all successors and assigns of the title to the Subject Property of the rights and obligations in this Declaration. Page 89 of 165 YLWD DoRC Rev. 11/08/22 5 Approved as to Form: YORBA LINDA WATER DISTRICT Kidman Gagen Law, LLP _____________________________ Andrew B. Gagen Trudi DesRoches General Counsel President _____________________________ Rosanne P. Weston Richard Mark Toy Engineering Manager General Manager OWNER: Page 90 of 165 Appendix A Page 91 of 165 RECORDING REQUESTED BY AND MAIL TO: YORBA LINDA COUNTY WATER DISTRICT P.O.BOX 309.YORBA LINDA.CA 92686 ,oi DEED I C11 I "J""'-'. OF EASEMENT ORIGINAL 0$1088 This Is to certify that this ~ Is presented for recording under the pre of Gov.Code Sec.6103 by the Yorbo County Water'-1iistrict 'n performanCE official service therept.' ---:-.:;;'--- Vorba Linda Masonic Temple Association~a Non-Profit Cor "- ,ownerl.1 of the herelnefterde.crlbed strlplll of lend in OranqeCounty,California,- for good and valuable con.lderetion,receipt of which 10 hereby acknowledged,do hereby grant to Yorba Unda County Water District,a public - corporation,and its .UCceIlOrs,e.clu.lye perpetual e..ements In,on,oyer,and acroll .ald drlpl.1 of lend to Install,con.truct,recon.truct, remoye and con.truct parallel lin..,In.pect,maintain,repair,replace,Improye,relocate,and remoYe a pipeline or pipeline.,with incld.ntal appurtenanc..and connection.,in,on and under .ald strip I.I of land,and to u.e .aid pipeline or pipeline.,appurtenanc..and connection.,for distribution and u.e of water for Irrigation and dome.tic purpo.e.and for the collection and tr...mlllion of w..te water,storm water,and/or .ewag',together with re.,onable right.of entry to .ald strlpl.1 of land for the exercl.e of the rights herein granted, Grantors,for them.elye.and their .uccellors In ownership of .aid strlpls!of land,hereby acknowledge that u.e of any part or all of .aid strlpl.1,or the adjoining land.,for fence.,structure.,tree.,and other thing.now and hereafter on any part of .ald strip Is)con.tituting an interlerence with the e.erci.e of any of the e.,ements and rights granted by thh deed,e.ht and will continue to exist,by permillion of the Yorbe LInda County Water Dhtrict,and Its .uccellors,and not adyersely to any of .aid ea.ements,and each .ucc...or In Interest of the granters,by acceptance of a conveyance of .ald strlplll of land,admit.and agree.that any .uch u.e I.a continuing permi"l..u.e. Said .tripla'of rand Is lare'de.crlbed as follows: The Westerly 7.00 feet of Lots 54 and 55,and the Westerly 10.00 feet of lots 56 and 57 all in the NewmarkTract as per map thereof recorded in"Book 7"pages 45'.and 46 of Niscellaneous Maps,record's 'of Orange County,California. ,~ RECORDED IN OFFICIM..RECORDS 0;ORANGE COUNTY CALIFORNIA .1l1~AM MAR11 '85 ,J'J:~/?/1 "COUNTV"v<y~RECQROEI'I WITNESS Imyl lourl hand Is)the date following our .Ignature.below:(If a corporation,the corporate .eal .hall be affixed near the signature. of the duly authorbed officersl fALL SIGNATURES SHALL If!NOTARIZIDI BY~~~ ~ge L.~en,PresidentBy-/!VI t A Don A!J.Hasti:AI~,S~retary /Treasure ~~to p ~---- Norman W.La~~~eV~ce President --"L:/-ff'.J- Date ,.3 -I ...CO5 Date --------- By ..:?-/-,;>< Date By .---~....-._--------. Signature Date C-2--'R'-T-t-»C--A"'V-E-(t;:A'~C-2r-T"A'"N'C.E .----~- ~ Thi.I.to certify that the Intere.t In raal property conveyed by the Dud or Grant,dated ~-I BC,.9 -,from .,..~O~PeoF\'f YOlZ8b.LlwCto.\I1p..~,c::...'TE:HP\..E;~PJfI~)~n.v~to Yorba LIndoCountyWater District,a public corporotion and/or goyernmental agency I.hereby accepted by order of the Board of Dlrecto..on--~ and the grantee con.enls to recordatIon thereof by Its duly authorized officer. 2-2 ,"J2L, DATED 7-Lf~r-'BY ~~G ERALMANAGER "'- FORM WS --12.1 1M 10.63 D.P.'"S. Page 92 of 165 'TO 1944 Co.(8-74) (Individual) STATE OF CALIFORNIA ( COUNTYOF Or ange On 10-2-78 ..Sto",""oona1lyaPP"",d Howard ILl II:ILl :r ILl..JII.«I-en B I/I r-;PR /J pr: ' 11 L.\',-.'-~u }SS. 419 .TITLEINSURANCEBIANDTRUST A TICOR COMPANY before me,the undersigned,a Notary Public in and for said Parsell and David Hutchison ,known to me to be the perso~whose nameS subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. <}i::-'..>~"'; ;; ..,\-.." +I.';':' .. G <,'Nnt"'y .",,"ie ,';1i1t"."i&I) .\'~t-'i7"'-".;;~PRINCIPALOFFICEIN .:~'::f LOS ANGELES COUNTY :..:-'.,My Commission Expires Sept.28.1981 ~ ...".""\1>'"..,,~<H"..«."""';',\<~H"';'",;;.'\""'"0-~." ~ J s;gnatmrZJf~vt-N-"L (This area for official notarial seal) I Lm Page 93 of 165 Appendix B Page 94 of 165 Page 95 of 165 Page 96 of 165 Page 97 of 165 Page 98 of 165 Page 99 of 165 Page 100 of 165 Page 101 of 165 Page 102 of 165 Page 103 of 165 Page 104 of 165 Appendix C Page 105 of 165 Page 106 of 165 Page 107 of 165 Page 108 of 165 Page 109 of 165 Page 110 of 165 Page 111 of 165 Page 112 of 165 Page 113 of 165 Page 114 of 165 Page 115 of 165 Appendix D Page 116 of 165 S S S S 1717 E. MIRALOMA AVENUE PLACENTIA, CALIFORNIA 92870 (714) 701-3000 PREPARED BY: YORBA LINDA WATER DISTRICT SCALE: 1"=10' DATE: 8/21/24 FILENAME: EXHIBIT 'D' 4845 MAIN ST LOT 54 & 55 APN 323-304-20 4845 MAIN STREET LOT 54 & 55 4836 OLINDA ST LOT 28 & 29 4835 MAIN ST LOT 56 4862 OLINDA ST LOT 32 & 33 4859 MAIN ST LOT 52 & 53 VICINITY MAP NOT TO SCALE LEGEND: YLWD EASEMENT AREA PROPERTY LINE EXISTING YLWD EASEMENT PROPOSED DOUBLE GATE 4852 OLINDA ST LOT 30 & 31 Page 117 of 165 ITEM NO. 13.1. AGENDA REPORT MEETING DATE: September 12, 2024 TO: Board of Directors FROM: Andrew Gagen, General Counsel STAFF CONTACTS: Mark Toy, General Manager SUBJECT: Agency Designated Representative's Summary Recommendation Regarding Labor Negotiations with Unrepresented Employee (General Manager), and Proposed Second Amendment to Employment Agreement for Position of General Manager RECOMMENDATION: That the Board of Directors (1) approve the draft Second Amendment to the Employment Agreement for the Position of General Manager as negotiated by the District's Designated Representative; and (2) adopt Resolution No. 2024-XX approving the Classification and Salary for the General Manager effective July 1, 2024 and rescinding Resolution No. 2024-03. BACKGROUND: Pursuant to Paragraph 7 of the Employment Agreement for the Position of General Manager with Richard Mark Toy dated August 24, 2022 (“Agreement”), the Board of Directors may review and evaluate the General Manager’s performance on an annual, quarterly, or other basis, or pursuant to the District's Employee Performance Evaluation and Merit Increase Policy (Policy No. 7010-010). The Board of Directors completed its annual review of the General Manager’s performance in August 2024 and directed the District’s Designated Representative to negotiate terms of the General Manager's compensation. During oral presentation of this agenda item, and in accordance with the Brown Act, the Designated Representative will “report a summary of a recommendation” regarding the negotiated terms for the Board to consider whether to take final action as recommended above. As a result of these negotiations and the Board of Directors positive performance evaluation of the General Manager, and in the interest of maintaining the employment relationship, the Board of Directors may wish to amend the amended Agreement effective July 1, 2024, as follows: (a) the General Manager's annual base salary may be increased from $289,380 to $340,000; (b) untether the General Manager’s base salary from his initial waiver of his health benefits under Section 4.1; (c) extend the expiration date of the General Manager’s six-month severance payment from December 31, 2024, to the termination or expiration of the amended Agreement; (d) increase the General Manager’s vacation from 3 weeks to 4 weeks per year; and (e) increase the General Manager’s monthly automobile reimbursement amount. As required in Section 3 (“Employee Compensation”) of the Agreement: “Any increase is not effective until the Parties draft and sign an amendment to this Agreement that states the new annual base salary and the effective date of that new salary and such amendment is adopted by the Board at a Page 118 of 165 duly noticed public meeting.” In accordance with California Code of Regulations, Title 2, § 570.5 and the Public Employees' Retirement Law at Government Code § 20636, all Public Agency members’ pay amounts are required to be paid pursuant to a publicly available pay schedule that has been approved and adopted by the employer’s governing body. Accordingly, District staff prepared Exhibit A, General Manager Classification and Salary Schedule, effective July 1, 2024, which provides the proposed amended salary for the General Manager. Attached to this Agenda Report are copies of the draft Second Amendment to the Agreement and Resolution No. 2024-XX with Exhibit A. PRIOR RELEVANT BOARD ACTION: On August 23, 2022, the Board of Directors approved both the Agreement for the Position of General Manager with Richard Mark Toy and Resolution No. 2022-28, approving the Classification and Salary for the General Manager effective August 29, 2022. On January 11, 2024, the Board of Directors approved both the First Amendment to the Agreement for the Position of General Manager with Richard Mark Toy and Resolution No. 2024-03, approving the Classification and Salary for the General Manager effective July 1, 2023. ATTACHMENTS: 1. Second Amendment to Employment Agreement 2. Resolution No. 2024-XX - GM Classification and Salary Page 119 of 165 Second Amendment to YLWD Employment Agreement with GM Toy (September 2024) 1 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT FOR POSITION OF GENERAL MANAGER This Second Amendment to Employment Agreement for Position of General Manager (“Second Amendment”) is made and entered on September 12, 2024, by and between the Yorba Linda Water District (“District”) and Richard Mark Toy (“Employee”). RECITALS A.On August 24, 2022, the District and Employee entered an Employment Agreement for Position of General Manager (“Agreement”) in which Employee has served, and continues to serve, as General Manager of the District. B.On January 11, 2024, the District and Employee entered into a First Amendment to the Agreement (i) providing cost-of-living adjustments and (ii) temporarily increasing Employee’s severance payment. C.Under Sections 3 (Employee Compensation) and 7 (Performance Evaluation) of the Agreement, Employee is eligible for compensation adjustments, and the District Board of Directors may review and evaluate Employee's performance on an annual, quarterly, or other basis, or pursuant to the District's performance evaluation policy. D.The District Board of Directors completed its annual review of Employee’s performance in August 2024. E.Based on the Board of Directors’ positive performance review and in the interest of maintaining the employment relationship, the Board of Directors desire to (i) increase Employee’s base salary in accordance with Section 3.1 of the Agreement, (ii) untether Employee’s base salary from Employee’s initial waiver of Employee’s health benefits under Section 4.1, (iii) extend the expiration date of Employee’s six-month severance payment from December 31, 2024, to the termination or expiration of the Agreement, (iv), increase Employee’s vacation from 3 weeks to 4 weeks per year, and (v) increase Employee’s monthly automobile reimbursement amount. F.In accordance with Section 3 of the Agreement, any salary increase is not effective until the District and Employee draft and sign an amendment to the Agreement that states the new annual base salary and the effective date of that new salary, and such amendment is adopted by the Board in accordance with the Ralph M. Brown Act (California Government Code 54950 et seq.). AGREEMENT NOW THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, the District and Employee agree to amend the Agreement as follows: 1.The above Recitals are true and correct. Page 120 of 165 Second Amendment to YLWD Employment Agreement with GM Toy (September 2024) 2 2.Effective July 1, 2024, Section 3 (Employee Compensation) of the Agreement is amended to increase Employee’s base salary from $289,380.00 to $340,000.00, payable in twenty-six equal biweekly installments, for performance of Employee’s service as General Manager under the Agreement. 3.Effective July 1, 2024, Section 4.1 of the Agreement is amended as follows (additions in bold/underline, deletions in strike-out): Health Benefits. Employee is eligible to receive, at District’s expense, health benefits as set forth in Section 4 of the Agreement.Subsections 4.1.1-4.1.3. All health benefits under Section 4 shall cease upon termination or expiration of the Agreement. However, as of the Agreement Date, Employee waived insurance coverage in this Subsections 4.1 (medical, dental and vision), only, on behalf of Employee and Employee’s dependents in exchange for a $15,000 increase in Employee’s base salary from $250,000 to $265,000. During the Term of this Agreement, and upon Board approval, Employee is eligible to receive insurance coverage provided in this Subsections 4.1 (medical, dental and vision). For avoidance of doubt, Employee accepts, and shall receive, all other benefits provided below in Sections 4.2-4.13.3. 4.Effective July 1, 2024, Section 4.6.1 (Vacation Leave) of the Agreement is amended to increase Employee’s vacation accrual from 4.615 to 6.154 hours per pay period. 5.Effective July 1, 2024, Section 4.7 (Automobile Reimbursement) of the Agreement is amended to increase Employee’s monthly car allowance from six hundred dollars ($600.00) to six hundred and fifty dollars ($650.00) per month, payable in bi-monthly installments. 6.Effective July 1, 2024, Section 8.1 (Severance Payment) of the Agreement is amended to increase the District’s lump sum severance payment to Employee from an amount equal to three (3) months of the Employee’s monthly salary at the time of termination to six (6) months of the Employee’s monthly salary at the time of termination. 7.All other terms and language in the Agreement and First Amendment, which are unaffected by this Second Amendment, shall remain unchanged and in full force and effect. 8.This Second Amendment may be signed in counterparts. (Signatures on the Following Page) Page 121 of 165 Second Amendment to YLWD Employment Agreement with GM Toy (September 2024) 3 YORBA LINDA WATER DISTRICT Trudi DesRoches, Board President Date EMPLOYEE Richard Mark Toy, General Manager Date APPROVED AS TO FORM: Kidman Gagen Law LLP Andrew B. Gagen, General Counsel Page 122 of 165 Resolution No. 2024-XX Adopting the General Manager Classification and Salary 1 RESOLUTION NO. 2024-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE GENERAL MANAGER CLASSIFICATION AND SALARY EFFECTIVE JULY 1, 2024 AND RESCINDING RESOLUTION NO. 2024-03 WHEREAS,pursuant to California Code of Regulations, Title 2, §570.5, CalPERS requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with the Ralph M. Brown Act (California Government Code 54950 et seq.); and WHEREAS, the Board of Directors completed its annual review of the General Manager’s performance, and thereafter directed the District’s Designated Representative to negotiate terms of the General Manager’s compensation and the Designated Representative reported “a summary of a recommendation” regarding the negotiated terms for the Board to consider whether to take final action; and WHEREAS,as a result of these negotiations and the Board of Directors performance evaluation of the General Manager, and in the interest of maintaining the employment relationship, the Board of Directors took final action at a Board meeting on September 12, 2024, to, in part, increase the General Manager’s base salary; and WHEREAS,on August 23, 2022, the Board of Directors previously adopted Resolution No. 2022-28 to approve and adopt the General Manager Classification and Salary, effective August 29, 2022; and WHEREAS,on January 11, 2024, the Board of Directors previously adopted Resolution No. 2024-03 to approve and adopt the General Manager Classification and Salary, effective July 1, 2023; and WHEREAS, the Board of Directors desires to adopt the General Manager Classification and Salary with a performance-based adjustment effective July 1, 2024, as set forth in Exhibit A attached hereto. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: SECTION 1.The General Manager Classification and Salary, as set forth in Exhibit A attached hereto, is approved and adopted, effective July 1, 2024. Page 123 of 165 Resolution No. 2024-XX Adopting the General Manager Classification and Salary 2 SECTION 2.That Resolution No. 2024-03 is hereby rescinded. PASSED AND ADOPTED this 12th day of September 2024, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Trudi DesRoches, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed and approved as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP Page 124 of 165 Resolution No. 2024-XX Adopting the General Manager Classification and Salary 3 EXHIBIT A Yorba Linda Water District General Manager Classification and Salary Retroactive to July 1, 2024 CLASSIFICATION TITLE SALARY FLSA General Manager Hourly $ 163.46 Exempt Monthly $ 28,333.00 Yearly $ 340,000.00 Page 125 of 165 ITEM NO. 13.2. AGENDA REPORT MEETING DATE: September 12, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Doug Davert, Assistant General Manager Joanna Gonzalez, Public Affairs Officer SUBJECT: Position on California Proposition 4 RECOMMENDATION: That the Board of Directors determine whether to adopt a resolution supporting or opposing Proposition 4 at a future meeting. BACKGROUND: California Proposition 4, also known as the Parks, Environment, Energy, and Water Bond Measure, is a bond measure on the ballot for November 5, 2024. It authorizes the state to issue $10 billion in bonds to fund various environmental, energy, and water projects. Purpose: To issue $10 billion in bonds to fund state and local parks, environmental protection projects, water infrastructure projects, energy projects, and flood protection projects. Voting: A “yes” vote supports the issuance of the bonds, while a “no” vote opposes it. Key Components of CA Proposition 4: 1. Funding Allocation ▪ $3.8 billion for various water projects ▪ $1.5 billion for wildfire protection ▪ $1.2 billion each for coastline protection and fish and wildlife conservation ▪ Several hundred million dollars for initiatives to increase renewable energy sources, enhancing state and local parks, mitigating extreme heat, sustainable agriculture, and measures to prevent and mitigate flood damage. 2. Targeted Communities ▪ 40% of the bond revenue is earmarked for communities with lower incomes or those significantly affected by environmental changes or disasters. 3. Transparency and Accountability ▪ The Secretary of the Natural Resources Agency must publish a list of funded programs and projects, detailing their objectives, status, costs, and outcomes. Page 126 of 165 Support and Opposition: Supporters: Environmental groups, labor unions, and organizations like the California Labor Federation and Environmental Defense Fund endorse the measure. They argue it is crucial for addressing climate change and protecting natural resources. Opponents: The Howard Jarvis Taxpayers Association opposes the measure, citing concerns about long-term debt and the financial burden on future generations. Conclusion: Proposition 4 aims to address critical environmental and infrastructure needs in California, including safe drinking water, wildfire prevention, drought preparedness, and clean air initiatives, with a significant focus on aiding vulnerable communities. However, it raises concerns about the state’s increasing debt and financial sustainability. This proposition is part of California’s ongoing efforts to invest in its environmental and infrastructural future, balancing immediate costs against long-term benefits. Voters will have the final say in the November 2024 elections. REVIEWED BY GENERAL COUNSEL: No STRATEGIC PLAN INITIATIVES: G1 5B - Actively participate with existing water/sewer organizations on regulatory and emerging issues. Page 127 of 165 ITEM NO. 13.3. AGENDA REPORT MEETING DATE: September 12, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Doug Davert, Assistant General Manager Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Urban Water Institute Board Chair's Circle Membership RECOMMENDATION: That the Board of Directors consider becoming a founding member of Urban Water Institute's Board Chair's Circle. FISCAL IMPACT: Budgeted: Partially Total Budget: $1,000 for Public Sector Membership + $1,000 for Miscellaneous Memberships Cost Estimate: $5,000 BACKGROUND: This matter has been added to the agenda at the request of Director Hernandez. He has recently volunteered to serve as a Board member on the Executive Committee for the Urban Water Institute (UWI). UWI has requested the District consider becoming a founding member of its new membership category, the Board Chair's Circle for a $5,000 contribution. YLWD has been a public sector member of UWI for several years, the cost of which last fiscal year was $1,050. Becoming a Board Chair's Circle member would provide at a minimum, special recognition at the 2025 conference in Palm Springs. Additional benefits are being considered. UWI has created this membership category for two reasons: (1) to begin the process of enhancing its fixed income (currently membership dues) to cover fixed operating costs for financial health and longevity; and (2) to ensure it can continue to operate in a cost-effective manner that provides all its members, and most especially, the smaller agencies, the opportunity to keep abreast of current issues and discover proven, reliable solutions to the challenges faced in the water/wastewater utility world. This invitation has also been extended to Mesa Water, Irvine Ranch Water District, Moulton Niguel Water District, and the Water Replenishment District of Southern California. STRATEGIC PLAN INITIATIVES: G1 2C - Meet with lobbyists, representatives, and regulators at all levels (local/State/Federal).; and G1 2D - Take on leadership role with industry committees. Page 128 of 165 ITEM NO. 14.2. AGENDA REPORT MEETING DATE: September 12, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Mark Toy, General Manager SUBJECT: Board of Directors' Travel and Expense Reimbursement Policy BACKGROUND: This matter has been included on the agenda for discussion at the request of Director Barbre. Attached is a copy of the current policy. Any revisions to this policy will need to be mirrored in the separate employee policy. ATTACHMENTS: 1. Excerpt From BOD Policies and Procedures Manual Page 129 of 165 Yorba Linda Water District Board of Directors' Policies and Procedures Manual 19 3. The Ordinance shall become effective 60 days from the date of its final passage (WC § 20204). G. The District does not provide any of its Directors with loans. (District Res. 2024-04) 9.2 Benefits A. Directors and their eligible dependents may participate in the health benefits plans provided by the District, including medical, dental, and vision plans. The District shall pay the premium amount for Directors and their eligible dependents. Health benefits provided to Directors shall not be greater than the most generous plan being offered to any group of District employees. A Director is also eligible for District-provided post-service health benefits if the following conditions are satisfied: the Director’s term began before January 1, 1995 and continued uninterrupted until on or after May 27, 2010; and the Director began receiving health benefits from the District before January 1, 1994. The rate of accrual for post-service health benefits is one year of benefits for each three years of service to the District as a Director. In addition to the terms and conditions provided herein, any terms or conditions set forth in the personnel rules of the District that are applicable to retiree health benefits shall also apply to post-service health benefits for Directors, except those conditions relating to good standing and adequate notice of retirement. Directors are also eligible for District-provided Group Life insurance and Accidental Death and Dismemberment insurance in amounts up to $50,000 each. Additionally, Directors may elect to participate in the District’s deferred compensation plan. Enrollment in any of the above benefits plans is subject to the rules and restrictions of the plans. (District Res. 2023-27) 9.3 Travel Expense Reimbursement A. Directors are encouraged to attend conferences, conventions, meetings, symposiums, intergovernmental meetings and legislative sessions relating to the mission of the District. Directors shall receive reimbursement or payment of expenses, according to District rules, incurred in the performance of their duties as required or authorized by the Board. Attendance at an event must be preapproved or ratified by a majority vote of the Board during a duly convened meeting in order to be considered as an activity for the purposes of payment or reimbursement of travel expenses. Directors’ rates for reimbursement and payment of travel expenses shall not be greater than rates specified for District employees. B. Directors shall be reimbursed for actual costs to attend activities as follows: Flight: Coach or Economy Class Car Rental: Most Economical Size Vehicle, Government/Group Rate Lodging: Published Conference Group Rate, Equally Comparable or Lower Rate, Government Rate, or GSA Rate (See Section D) Page 130 of 165 Yorba Linda Water District Board of Directors' Policies and Procedures Manual 20 Meals: $90 Per Day Actual and Necessary Expenses: $30 Per Day C.Expenditures for lodging, meals, and transportation shall provide for reasonable and necessary comfort and convenience. Directors shall be mindful that public funds are being spent and that only a reasonable and necessary level of expense is warranted. D.When available, Directors must use coach or economy class for commercial travel and the published conference group rate, an equally comparable or lower rate, or government rate for lodging. If these rates are not available, the reimbursable amount shall be limited to the per diem rates set forth by the US General Service Administration (GSA) at http://www.gsa.gov. E.For travel by personal vehicle, mileage shall be reimbursed at the standard rate adopted by the US Internal Revenue Service in effect at the time of travel. Personally owned vehicles used in the conduct of District business must be insured for property and liability damage in an amount not less than the minimum limits required by the California Financial Responsibility Act. In no case shall the amount paid for mileage reimbursement for use of a personally owned vehicle used for travel in lieu of air travel exceed the cost of coach or economy class or equivalent airfare based on the date the Director registered to attend an activity or conduct business on behalf of the District. F.Reimbursement for taxi, rideshare, rail, bus, or other reasonable ground transportation shall be for the actual costs plus tip not to exceed 20% and applicable taxes. G.Reimbursement for parking and toll charges shall be for actual costs. H.Meal expenses include the reasonable and necessary costs of meals and beverages, not including alcoholic beverages. Meal expenses shall be reimbursed on a daily basis not to exceed $90 per day. Meal expenses for partial days shall be reimbursed on a meal by meal basis as follows: $20 for breakfast, $30 for lunch, and $40 for dinner. Said maximums for meal expenses exclude taxes and gratuities which are considered actual and necessary expenses (see Section 9.3. G). Any amount spent over the daily or partial day reimbursable amounts set forth in this section may not be deducted from another day’s reimbursable amount during that same activity. Additionally, any amounts not spent over the daily or partial day reimbursable amounts set forth above may not be added to another day’s reimbursable amount during that same activity. No reimbursement shall be provided for alternative meals when the District has paid for the cost of the activity including any incorporated meals. Attendance at receptions before dinner shall not be considered a meal. I.Actual and necessary expenses include taxes and gratuities for meals, tips for drivers, baggage carriers, and hotel staff. This does not include the cost of laundry, cleaning or pressing of clothes, or telephone calls. J.Reimbursement of all reasonable and necessary expenses for internet service to conduct District business while traveling shall be for actual costs. Page 131 of 165 Yorba Linda Water District Board of Directors' Policies and Procedures Manual 21 K. Arrangements for transportation, lodging, or registration fees that have cancellation or change penalties shall be carefully monitored by the requesting Director. If a cancellation or change occurs due to a personal request or obligation of the Director, they will be responsible for paying the corresponding penalty, except when determined by a majority vote of the Board during a duly convened meeting that the reason for the cancellation was legitimate and authorized. L. The District shall not incur any costs for a spouse, or other accompanying person. M. If an expense does not fall within the reimbursement rates identified in this policy, it must be preapproved by a majority vote of the Board in a public meeting. N. In order to obtain reimbursement for qualified expenses, the following procedures must be followed: 1. Directors shall submit a completed Travel Expense Reimbursement Form (see Exhibit E) for conference, convention, or symposium attendance, together with all original itemized receipts and corresponding route maps, within 60 calendar days following the attended event, with the exception of expenses incurred during the month of June. Requests for reimbursement of travel expenses incurred during this period must be submitted within 30 calendar days of the attended event for the purposes of financial reporting at the end of the fiscal year. 2. Directors shall also submit a completed Meeting and Mileage Expense Reimbursement Form (see Exhibit F) for local meeting attendance, together with all original itemized receipts and corresponding route maps, within 60 calendar days following the attended event, with the exception of expenses incurred during the month of June. Requests for reimbursement of meeting and mileage expenses incurred during this period must be submitted within 30 calendar days following the attended event for the purposes of financial reporting at the end of the fiscal year. 3. If the Director does not file an expense report within the above listed deadlines, the District will not reimburse mileage or out-of-pocket expenses. Exceptions to this provision shall be presented to the Board of Directors for review and approval. 4. For any activity that the District prepays expenses, the Director is still required to file an expense report to ensure that any expenses prepaid by the District are properly accounted for. Staff shall assist Directors with these reports as needed. To enforce the timely filing of expense reports the District may, by majority vote of the Board, stop prepaying conference and travel expenses. 5. All expense reimbursement requests shall be reviewed and approved by the President or Vice President. The President’s requests shall be reviewed and approved by the Vice President and vice versa, or by another available Director. Page 132 of 165 Yorba Linda Water District Board of Directors' Policies and Procedures Manual 22 6. With the exception of mileage reimbursement, any expense shown on the form must have a corresponding, attached original itemized receipt or other verification document. Summary receipts for meals cannot be accepted as a verification document. 7. If a receipt is lost or not provided, the Director must submit a completed Missing Receipt Affidavit Form (see Exhibit G) as substantiation of the expense. 8. Directors shall also submit a completed Miscellaneous Gratuities Form (see Exhibit H) for such expenses paid in cash without a receipt. 9. All forms, receipts and verification documents shall be public documents subject to redaction of any confidential information, such as credit card numbers. O. A Director shall not attend a conference or training event for which there is an expense to the District if it occurs after the Director has announced his/her pending resignation, or if it occurs after an election in which it has been determined that the Director will not retain his/her seat on the Board. A Director shall not attend a conference or training event when it is apparent that there is no significant benefit to the District. P. Directors shall provide a brief report about the activity at the next regular Board meeting following attendance. Said report shall detail what was learned at the session(s) that will be of benefit to the District and can be submitted in written or verbal form though ideally no longer than three minutes. Materials from session(s) may be delivered to the General Manager for inclusion in the District’s library for future use. 9.4 District Issued Credit Cards A. Directors shall be issued credit cards for their use while traveling or attending meetings on behalf of the District. All purchases made with this card shall comply with the limitations contained in this policy. Personal purchases using this card are strictly prohibited. B. Directors shall submit all original itemized receipts along with appropriate forms (see Section 9.3. J and Exhibits E and F) identifying purchases made with a District credit card within 30 calendar days of when the expense was incurred. C. Directors shall report lost or stolen cards to the Finance Manager immediately to prevent potential liabilities. D. Directors shall return their card to the Finance Manager when leaving office. 9.5 Communications Expense Reimbursement A. In order to facilitate operational efficiency and reduce expenses, the Board has determined that it is in the best interests of the District to have all agendas and other District information distributed to the Board via electronic means instead of providing paper copies whenever possible. While Director participation in and Page 133 of 165 ITEM NO. 15.1. AGENDA REPORT MEETING DATE: September 12, 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 PYLUSD Board Tue, Aug 13 6:00 PM Hernandez OC LAFCO Commission Wed, Aug 14 8:15 AM YL Planning Commission Wed, Aug 14 6:30 PM Hawkins (As Needed) SAWPA Commission Tue, Aug 20 9:30 AM MWDSC Board Tue, Aug 20 12:00 PM CalMutuals Board Tue, Aug 20 2:00 PM Barbre Yorba Linda City Council Tue, Aug 20 6:30 PM Hernandez Brea City Council Tue, Aug 20 7:00 PM UWI Conference Wed, Aug 21 8:00 AM Hernandez MWDOC Board Wed, Aug 21 8:30 AM Lindsey OCWA Meeting Wed, Aug 21 11:30 AM UWI Conference Wed, Aug 21 12:00 PM Hernandez OCWD Board Wed, Aug 21 5:30 PM DesRoches UWI Conference Thu, Aug 22 8:00 AM Hernandez OC San Board Wed, Aug 28 6:00 PM Lindsey YL Planning Commission Wed, Aug 28 6:30 PM Hawkins (As Needed) SAWPA Commission Tue, Sep 3 9:30 AM Placentia City Council Tue, Sep 3 7:00 PM Hawkins MWDOC Board Wed, Sep 4 8:30 AM Lindsey OCWD Board Wed, Sep 4 5:30 PM DesRoches WACO Fri, Sep 6 7:30 AM Hernandez/Lindsey MWDSC Board Tue, Sep 10 1:00 PM Financial Review Group Tue, Sep 10 4:30 PM DesRoches/Lindsey PYLUSD Board Tue, Sep 10 6:00 PM Hernandez OC LAFCO Commission Wed, Sep 11 8:15 AM YL Planning Commission Wed, Sep 11 6:30 PM Hawkins (As Needed) Page 134 of 165 ITEM NO. 15.2. AGENDA REPORT MEETING DATE: September 12, 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 August 29th. GENERAL MANAGER From August 6th - 8th, I was fortunate to participate in the 11th Annual Forecast Informed Reservoir Operations (FIRO) workshop hosted by the Center for Western Weather and Water Extremes (CW3E) at the Scripps Institution of Oceanography, in La Jolla, CA. The workshop theme was “Growing FIRO from Pilot Projects to National FIRO Pathfinder and Operational Integration: Lessons Learned for Strengthening the Research and Operations Partnership to Meet the Challenge.” Water control management of water infrastructure – the flexibility to operate dams and reservoirs based on watershed observations and forecasting skills, is vitally important for YLWD and the operation of our groundwater wells as it relates specifically to Prado Dam and the Santa Ana River watershed. The outstanding collaboration that took place at the FIRO conference between stakeholders and partners will improve the water resiliency in our California communities. Page 135 of 165 On August 13th, production and PAO staff joined me to host the Orange County Grand Jury (OCGJ) for a tour of our PFAS treatment plant. OCWD sponsored the entire day for the OCGJ who were on a day-long tour of OCWD facilities. OCWD GM John Kennedy accompanied the OCGJ to YLWD and we had a great interactive session answering the OCGJ’s specific questions about PFAS and the operation of our treatment plant. As part of our “Employee Events” TCOP sub-committee to improve and sustain a healthy workplace climate (Strategic Plan Goal 5: Workforce Engagement, Initiative 1: People, A. Foster a positive, innovative organizational climate, recognizing the importance of employee health, wellness, and safety), many of our employees are currently taking part in a District-wide cornhole tournament. A tournament bracket has been established and participants are playing in the grass area next to the gym during lunchtime to see which team is the best. A cornhole playoff and celebratory lunch will take place on September 5th. On August 15th, volunteers from our District team took part in the annual Taste of Placentia from 5-9:00 p.m. at Tri-City Park. We set up our YLWD water trailer, educated the public, and served great-tasting water to those in attendance. A wonderful time was had by all! Page 136 of 165 On August 21st, I attended the monthly OCWA industry event in Irvine. The topic was: Pure Water Southern California: An OCWA Industry Insight. The guest speaker was Bruce Chalmers, Program Manager for Metropolitan Water District of Southern California, who is in charge of all the related projects associated with the design and construction of the Pure Water Facility in Carson, CA. This $6B+ project is expecting the draft EIR to be complete on or around the 1st/2nd quarter of 2025. On August 22nd, I attended the monthly MWDOC Managers’ Meeting at MWDOC headquarters in Fountain Valley. Major topics of discussion include: ▪ OC Advanced Metering Infrastructure (AMI): There is broad support for a member agency AMI workgroup to provide a forum for information sharing among agencies at all stages of AMI implementation. Because there is a benefit from extensive technical experience of AMI, MWDOC has retained the services of E Source, which specializes in AMI implementation to provide general education and facilitation of the AMI workgroup meetings. Four workgroup dates are currently scheduled: October 8th and December 10th in 2024 February 11th and April 8th in 2025. ▪ Hazard Mitigation Plan (HMP): MWDOC’s Water Emergency Response Organization of Orange County (WEROC) advised member agencies to complete their respective HMPs as soon as possible. To our credit, we were the only member agency to have our plan completed and turned in to WEROC – kudos to our Safety Officer Alex Ramirez for his efforts to complete our HMP on time. On August 26th for our monthly safety updates, Alex Ramirez briefed District employees on the upcoming National Preparedness Month. The month of September is designated as National Preparedness Month, so Alex briefed employees on the best ways to prepare for emergencies such as earthquakes, floods, and fires. He shared information on how employees can stay informed using apps and emergency response websites. Proper preparation is a personal responsibility, so there was an informative question and answer session between Alex and our District Team. YLWD’s Classification and Compensation Study is actively in progress, with several key meetings taking place during late July and August. On July 31st the Executive Team attended an overview session with Gallagher's project team, followed by a meeting with the YLWDEA Board and OCEA representatives on August 7th. On August 19th - 20th, Gallagher's Program Manager, Maggie Williams-Dalgart, conducted three (3) 90-minute staff orientation sessions for all YLWD employees. The purpose of the orientation meeting was to provide details about the study process, employee participation, and deadlines, and to answer any questions from participants. Employees and supervisors play a critical role in this current phase. The goal of the classification portion of the study is to update job descriptions and ensure that positions are correctly classified. This is achieved by obtaining accurate and descriptive information from each of our employees about the work they perform in the District. Position Description Questionnaires were distributed to all employees on August 21st. Ms. Williams-Dalgart is scheduled to provide an overview session for the Board of Directors on September 12th. Finally, as we prepare for the return of Fall weather, we would like to continue our Director-led YLWD Infrastructure Tours. In the near future, our Public Affairs Team will initiate a poll with each of our Board Members to coordinate a date/time for a tour that will then be made available to the Director’s guests and the public in our service area. Page 137 of 165 ADMINISTRATION / IT / PUBLIC AFFAIRS / SAFETY Information Technology Completed Implementation of Cyber-CNS: Cyber-CNS Internal Security provides continuous, comprehensive protection and monitoring to prevent and respond to threats in real time. It’s an ongoing, proactive approach to maintaining security and compliance. Key Benefits of Cyber-CNS include the following: ▪ Enhanced Threat Detection and Response involves continuous surveillance of network traffic and system activities to identify potential threats in real time, coupled with immediate action to address and mitigate incidents, minimizing damage. ▪ Comprehensive Vulnerability Management includes routine scans to identify and address system vulnerabilities and ensures that all software and systems are updated with the latest security patches. ▪ Improved Compliance and Risk Management entails tracking compliance with industry standards and regulatory requirements to keep our practices current, as well as conducting risk assessments to gain insights into potential risks and develop effective mitigation strategies. ▪ The Cyber-CNS dashboard provides a Real-Time Threat Overview for each endpoint, offering an instant overview of their security status. This includes up-to-date information on threat alerts, system health, and compliance levels, effectively summarizing each endpoint's security posture and performance in a clear, actionable format. Public Affairs Update on SB 1255: Public water systems: needs analysis: water rate assistance program.: California Senate Bill 1255 (SB 1255) is a legislative proposal focused on public water systems and water rate assistance programs. As of August 15th, the bill was held in the Assembly Appropriations Committee’s Suspense File. YLWD Open House Invitation: The Public Affairs Team is actively promoting the District’s upcoming Open House event across various platforms. These include our YLWD website, social media channels, local chamber websites, YLWD-hosted events and tours, as well as community events like the recent Taste of Placentia. Additionally, staff will spread the word by displaying the attached Open House flyer at key locations such as the Yorba Linda Community Center, local library, coffee shops, and the City of Yorba Linda Government Access Channel (Channel 3), among others. We extend a warm invitation to the Board of Directors to join us at the Open House event on Saturday, October 12th to engage with our customers and members of the community. Further details about the event can be found on our website at www.ylwd.com/openhouse. Location of Santa Ana River Watershed Display: The Public Affairs Team explored various sites for the new Santa Ana River Watershed Display. The Operations Department proposed setting up the display at the Yorba Linda Booster Pump Station on YLWD property, close to the hiking and horse trail. This spot is perfect as it attracts a significant amount of foot traffic, ensuring the display receives the attention and interaction it deserves. The display is scheduled to be stationed at the Yorba Linda Booster Pump Station for 23 months, with installation scheduled for November 2024. Legislative Reports: Monthly reports from Townsend Public Affairs are attached. Page 138 of 165 ENGINEERING Hidden Hills Booster Pump Station: This generator was brought online and tested on August 26th. This project is complete. Timber Ridge Booster Pump Station: A water shutdown is planned for September 4th, which will impact 155 residents and 22 fire hydrants. The work will involve completing piping changes on the discharge side of the existing pump station and the new pump station. On August 27th, YLWD Operations and Engineering staff met with the contractor and our design engineer onsite to prepare for the shutdown. YLWD’s Board of Directors, the City of Yorba Linda, and OCFA have been notified of the shutdown. The new pump station is scheduled to be brought online in December/January, and the project is expected to be completed in March 2025. Well 5: General Pump has completed its work on this project. YLWD Operations staff are troubleshooting issues with our natural gas engine. Once this is resolved, the well will be tested and brought online. Pressure Regulating Station (PRS) Projects: The Stone Canyon and Paseo del Prado PRS projects are substantially complete and in operation. The Apple Creek PRS is 50% complete and construction will commence shortly on the Willowbrook PRS. The Adobe PRS project is in the design phase. Camino De Bryant Phase 2 Waterline Replacement Project: Construction is scheduled to commence shortly. Five (5) Fire Flow Enhancement Projects and the Box Canyon Waterline Rehabilitation Project are in the design phase. FINANCE Over the course of a two-week period, the external auditors from Lance, Soll & Lungard, LLC have completed their year-end field work and review of the District’s FY23-24 annual reports and other pertinent financial information. As requested by the external auditors, Accounting staff prepared 58 Prepared by Client (“PBC”) reconciliations and financial schedules to assist in their review process. The exit meeting was held on Wednesday, August 28th, and went very well. There were no findings that needed discussion or explanation. The Annual Comprehensive Financial Report is scheduled for presentation to the Board of Directors at the November 14th regular meeting. Finance staff received notification of YLWD being listed as a “Triple Crown” status agency from GFOA for FY22-23. This is the result of earning the following three awards for FY22-23: the Distinguished Budget Presentation Award, the Certificate of Achievement for Excellence in Financial Reporting, and the Popular Annual Financial Report. Staff has scheduled a Business Central Readiness Assessment of the District’s current ERP system with subject matter experts from Cogsdale. Current workflow processes staff perform using the various system modules will be assessed for their overall efficiencies and to ensure that the workflow processes are engaging the modules to their fullest capabilities. Page 139 of 165 The collection status of the Capital Finance Charge is as follows: Item FY 21-22 FY 22-23 FY 23-24 # CFC Bills Placed on PT 23,888 23,967 24,126 $ Value of CFC Bills Placed on PT $2,579,520 $2,855,981 $3,120,240 $ Collected Through Bills Placed on PT $2,571,538 99.7% $2,841,697 99.5% $3,076,269 98.6% # 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% $333,394 78.3% HUMAN RESOURCES / RISK MANAGEMENT Details regarding the status of the Classification and Compensation Study were provided above. On August 15th, the Human Resources team hosted ACWA JPIA’s Human Resources Regional Meeting, which included approximately 60 HR professionals from throughout the state. The meeting included HR experts and speakers on a variety of current HR related topics. Recruiting Update: ▪ Executive Recruitment for Finance Manager is ongoing. Saenger Associates, an executive recruiting firm, has been engaged after completion of an RFQ process. The position is also currently posted on the District’s website and remains open until filled. ▪ First review of applications for the Customer Service Supervisor recruitment was July 29th. Eight applicants were interviewed on August 20th, with second interviews for three candidates scheduled for August 26th and 28th. ▪ First review of applications for the Senior Engineer recruitment was August 13th. Interviews with four candidates will be conducted between August 27th and September 12th. ▪ Internal-only recruitment for Maintenance Worker II is currently in progress, with interviews to be scheduled the week of September 3rd. ▪ Maintenance Worker I recruitment skills tests were conducted August 28th and 29th. OPERATIONS PFAS Treatment Plant Update: On August 19th YLWD and OCWD had a virtual meeting to discuss performance and water quality data from the PFAS Treatment Plant. Overall, the plant is performing well, however, we are experiencing quicker than anticipated PFAS detections in the lag vessels after the initial change-outs of the resin in the lead vessels. This is something that YLWD Operations staff predicted, as we believed the lag vessels would have been in service and therefore experiencing some level of removal of PFAS while the lead vessel was capturing the majority of the PFAS contaminant. We will continue to monitor the Plant and work with OCWD and the State Department of Drinking Water as we learn more about how this system performs in live-scale operations. Page 140 of 165 ATTACHMENTS: 1. Open House Invitation 2. TPA Monthly Report 3. TPA Legislative Matrix Page 141 of 165 YLWD 714-701-3000 www.ylwd.com/openhouse Open House F R E E E N TRY DEPARTMENT DEMONSTRATIONS VEHICLE DISPLAYS FACE PAINTING WATER TREATMENT PLANT TOURS GIVEAWAYS AND MORE! YLWD is excited to welcome you and your family to our Open House on Saturday, October 12th. Join us to meet our friendly and talented YLWD water professionals, tour the nation’s largest PFAS Water Treatment Plant, discover insights about your water, experience interactive department demonstrations, and participate in a day filled with family-friendly entertainment! YLWD Headquarters: 1717 E. Miraloma Ave. OCTOBER 12, 2024 | 9 A.M. - 12 P.M. Y O U ’R E I N V I T E D Page 142 of 165 Page 1 M E M O R A N D U M To: Yorba Linda Water District From: Townsend Public Affairs Date: August 8, 2024 Subject: State and Federal Legislative Monthly Report STATE LEGISLATIVE UPDATES July 3 marked the beginning of the Legislature’s month-long Summer Recess, with legislators returning on August 5. Despite the lack of legislative activity during the month of July, it was a critical time for behind-the-scenes negotiations on bills and funding activity as the Legislature gears up to tackle the final month of the 2023-2024 Legislative Session. Upon their return on August 5, lawmakers had over a thousand measures to consider and pass prior to their adjournment on August 31. Following this legislative session’s adjournment, the Governor will have until September 30 to sign or veto bills. In addition to the behind the scenes work this month, July also marked a critical milestone for the finalization of statewide ballot initiatives California voters will consider at the November 5, 2024 General Election. Prior to its departure for summer recess, the Legislature finalized two final bond proposals to fund projects related to climate resiliency and school facility improvements. The two bond measures will appear among eight other ballot initiatives, ranging from local rent control to serial theft prevention, and tax reforms. Below is an overview of pertinent state actions from the month of July. The Legislature’s Return in August Upon the legislators' return from their Summer Recess on August 5, fiscal committee hearings and House Floor sessions resumed at an accelerated pace. The upcoming legislative deadline on August 16 marks the point by which measures must pass out of their respective fiscal committees (in the opposite house) to proceed to the opposite House Floor for a final vote. Assembly and Senate Appropriations Committees will be considering legislation that originated in the opposite house and has an unabsorbable fiscal impact to the state. Typically, any bill with a fiscal impact exceeding $150,000 is placed on the fiscal committee’s Suspense File. Measures placed on the suspense file will face consideration during the Appropriation Committees’ “suspense hearing” on August 15. These hearings feature the rapid reading of measures and their status. Measures that are passed out of the Suspense File are moved to each House Floor for a final vote. Page 143 of 165 Page 2 From August 19 through August 31, each House Floor will conduct floor sessions only, during which measures must pass off the Floor, in order to advance to the Governor's desk for a signature or veto. Measures must pass out of each House Floor by the August 31 deadline, which will begin the Legislature’s Final Recess upon adjournment. Below is a list of notable measures, organized by policy area, that will be heard in upcoming fiscal committees: Environmental Quality • AB 347 (Ting) requires the Department of Toxic Substances Control (DTSC) to enforce compliance with existing and future product safety laws regulating the use of PFAS chemicals. • AB 2236 (Bauer-Kahan) revises the single-use carryout bag exception to include bags provided before the point of sale designed to protect purchased items starting January 1, 2026, and changes the definition of a "recycled paper bag" to require at least 50% postconsumer recycled materials by January 1, 2028. Additionally, this measure prohibits stores from providing any bags at the point of sale, except as specified. • AB 2346 (Lee) allows local jurisdictions to receive credit for purchasing recovered organic waste products through agreements with direct service providers, including on a prospective basis. Additionally, this measure permits counting compost from certain operations and related investments towards procurement targets, with the Department of Resources Recycling and Recovery reevaluating per capita procurement targets periodically. AB 2346 allows local jurisdictions to set local procurement targets based on waste characterization studies and allows for exceeding these targets over five years, with an emphasis on prioritizing local compost use. Housing and Land Use • AB 1886 (Alvarez) clarifies that a housing element or amendment is not considered substantially compliant with housing element law until the local agency has adopted a housing element that the Department of Housing and Community Development (HCD) has determined is in substantial compliance with housing element law. • AB 2023 (Quirk-Silva) creates a rebuttable presumption that a local government’s housing element or amendment is invalid if HCD found that the housing element or amendment is not substantially in compliance with housing element law and makes various changes to the housing element process. • AB 2485 (Carillo) seeks to enhance transparency in HCD’s regional housing needs calculation process by creating an advisory panel and requiring the publication of methodologies used on HCD’s website. • AB 3093 (Ward) creates two new income categories, Acutely Low Income (ALI) and Extremely Low Income (ELI), in the Regional Housing Needs Determination (RHND), Page 144 of 165 Page 3 Regional Housing Needs Allocation (RHNA), and Housing Element Law, among other provisions. • SB 937 (Wiener) removes from existing law, the ability of a local agency to collect impact fees or charges on “priority residential development projects,” as defined, before the final inspection or the date of the certificate of occupancy for all residential developments in all circumstances. Governance and Transparency • AB 2557 (Ortega) restricts local governments’ ability to contract out for a variety of services. • AB 2561 (McKinnor) requires public agencies with high vacancy rates to meet and confer with the representative of employee organizations about strategies to fill vacancies, and to hold a public hearing regarding the vacancy rates. The bill also stipulates possible strategies agencies may use to fill vacancies. • AB 2631 (Fong) requires the Fair Political Practices Commission (FPPC) to provide an ethics training course to local officials. Report Released on the Public Health Impacts of Wildfire and Policy Recommendations In mid-July, the Center for Law, Energy, and Environment (CLEE) at UC Berkeley held a briefing and panel discussion on its report, “Scoping the Public Health Impacts of Wildfire,” which was released this spring. The report discusses current research on the health impacts of wildfire, reviews key issues, provides an overview of the current policy landscape, and identifies recommendations for future resilience. In recent years, the rapid increase of wildfires throughout the state has caused a significant rise in public safety impacts, including the toll on mental health and the social consequences caused by catastrophic wildfires. However, the public safety impacts have yet to be fully integrated into current policies. According to the report, the lack of policy integration stems from the early stages of research on the public health issues caused by wildfires, as well as the complex public health challenges, which have made it difficult to address these issues with existing policies. The report makes the following recommendations for policymakers: 1. Enhancing proactive capacity-building to address wildfire risk in the near term, by expansions in the wildland fire sector workforce, research capabilities, data collection and monitoring, wildfire smoke protection resources, emergency response, and wildfire preparedness. 2. Facilitating the responsible implementation of ecologically beneficial fire, by establishing integrated, community-led governance principles, developing multifaceted policies, conducting public education and outreach, and significantly expanding research on the effects of prescribed fires. Page 145 of 165 Page 4 3. Building systems-level resilience in wildland fire and public health, by facilitating coordinated, streamlined governance structures, developing integrated air quality regulation frameworks, mitigating climate change, and incorporating wildland fire safety into broader policy areas, such as housing and occupational protections. It can be anticipated that the Legislature will hold future oversight and informational hearings in late 2024 through early 2025, to increase disaster preparedness and wildfire resilience policies. FEDERAL UPDATES LEGISLATIVE BRANCH ACTIVITY FY2025 Appropriations Updates During the month of July, the Senate Committee on Appropriations advanced all twelve Fiscal Year (FY2025) funding bills. Each vote comfortably passed out of the committee thus signaling the same will likely occur on the Senate floor. As of the end of July, Senate Majority Leader Chuck Schumer has not stated when he intends to schedule a vote. • The FY2025 Transportation, Housing and Urban Development (THUD), and Related Agencies Appropriations Act provides $98.7 billion in total discretionary funding. It includes $1.4 billion for the HOME Investment Partnerships Program and $550 million for the RAISE Grant program. • The FY2025 Commerce, Justice, Science, and Related Agencies Appropriations Act provides a total of $73.7 billion in discretionary funding. • The FY2025 Interior and Environment, and Related Agencies Appropriations Act provides $44.6 billion in total funding. Included is $1.9 billion allocated from the National Parks and Public Lands Restoration Fund for deferred maintenance projects. • The Agriculture-FDA package would increase funding for the Special Supplemental Nutrition Program for Women, Infants, and Children to $7.7 billion. Senate Appropriations Chair Patty Murray championed an $83 million increase to housing rental assistance, to $1.7 billion. Veterans Affairs medical care would see a decrease to $112.6 billion, down from $121 billion in FY2024. A committee summary noted that the FY2025 figure will be augmented by money previously approved for the Cost of War Toxic Exposures Fund. Chair Patty Murray and Vice Chair Susan Collins agreed to add billions in emergency funding: $13.5 billion for nondefense and nearly $21 billion for defense. The White House has called for the replenishment of the FEMA emergency fund, which would be addressed in this package. The House has struggled to pass their spending packages on the floor as multiple attempts have failed. This is due to partisan policy riders that have been rejected on the floor. Once resolved, the Chairs and Ranking Members of both the Senate and House Appropriations Committees will resolve their differences over the remainder of the year. It is possible that all appropriations Page 146 of 165 Page 5 packages will be approved by both chambers during the lame duck session after the election, but could extend into early 2025 EXECUTIVE BRANCH ACTIVITY FEMA’s Disaster Fund Nears Depletion The Federal Emergency Management Agency (FEMA) has denied aid to a growing roster of municipalities as it copes with natural disasters that are increasing in frequency, strength, and cost. FEMA is working with the Biden Administration and Congress to ensure that sufficient funding is made available. If not, state and local governments will be forced to pay more long- term. Lawmakers are considering a supplemental spending package, but it is not expected to move until September at earliest—either prior to the Sept. 30 shutdown deadline or attached as an amendment to a potential continuing resolution. To emphasize the urgency, FEMA is managing 500 open disaster declarations going back sometimes 20 years to Hurricane Katrina according to government officials. The US has been hit by 15 weather and climate disasters that cost at least $1 billion this year, on top of 28 such events last year. FEMA is also stretched thin by an expanded mission and captive to a hyper-partisan federal budget process. Its Disaster Relief Fund could be depleted by mid-August without additional money from Congress, said Homeland Security Secretary Alejandro Mayorkas. The agency’s most recent monthly report said the fund faces a deficit in excess of $6 billion without supplemental appropriations. For local governments, it is becoming harder to acquire federal disaster aid for things like rebuilding damaged infrastructure in the aftermath of large-scale events. Last year, FEMA denied 14 aid requests, the most since 2016. FEMA Finalizes New Rule Guiding Use of Funds FEMA has finalized a rule mandating that projects built using its funds consider the future risk of flooding. FEMA officials said that the updated Federal Flood Risk Management Standard will go into effect on September 9. The stated goal of the regulation is to make communities more resilient and save taxpayers money by preventing repeat building of vulnerable structures in flood zones. Page 147 of 165 Yorba Linda Water District Legislative Matrix 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 347 (Ting, D) Household product safety: toxic substances: testing and enforcement. Status: 08/05/2024 - In committee: Referred to APPR suspense file. Location: 08/05/2024 - Senate APPR. SUSPENSE FILE Summary: Current law prohibits juvenile products, textile articles, and food packaging that contain specified levels of perfluoroalkyl and polyfluoroalkyl substances (PFAS) from being distributed, sold, or offered for sale in the state, as provided. This bill would require the Department of Toxic Substances Control, on or before January 1, 2026, to adopt regulations for the enforcement of those prohibitions on the use of PFAS. The bill would require manufacturers of these products, on or before July 1, 2026, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. The bill would authorize the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. The bill would authorize or require, as specified, the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. (Based on 07/03/2024 text) AB 460 (Bauer-Kahan, D) State Water Resources Control Board: water rights and usage: civil penalties. Status: 08/05/2024 - In committee: Referred to APPR suspense file. Location: 08/05/2024 - Senate APPR. SUSPENSE FILE Summary: Under current 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 require the State Water Resources Control Board to adjust for inflation, by January 1 of each year, beginning in 2025, the amounts of civil and administrative liabilities or penalties imposed by the board in water right actions, as specified. (Based on 06/12/2024 text) AB 560 (Bennett, D) Sustainable Groundwater Management Act: groundwater adjudication. Page 1 of 16 Page 148 of 165 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 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: 06/24/2024 - In committee: Referred to suspense file. Location: 06/24/2024 - Senate APPR. SUSPENSE FILE Summary: 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, until January 1, 2029, and after it makes a specified finding or findings by resolution, to require a designated sewer system 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 delivery of adequate sewer service, as defined. (Based on 06/06/2024 text) AB 828 (Connolly, D) Sustainable groundwater management: managed wetlands. Status: 07/31/2024 - In committee: Hearing postponed by committee. Calendar: 08/12/24 S-APPROPRIATIONS 10 a.m. - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair Page 2 of 16 Page 149 of 165 Location: 06/25/2024 - Senate Appropriations 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 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 07/01/2024 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: 06/17/2024 - In committee: Referred to suspense file. Location: 06/17/2024 - Senate APPR. SUSPENSE FILE 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 with due diligence. The act requires the registration of water use to be made upon a form prescribed by the board that requires, Page 3 of 16 Page 150 of 165 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: 07/18/2024 - Vetoed by the Governor Calendar: 08/08/24 #76 A-GOVERNOR'S VETOES Location: 07/18/2024 - Assembly VETOED 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 07/03/2024 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 Page 4 of 16 Page 151 of 165 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 watersheds. Status: 08/05/2024 - In committee: Referred to APPR suspense file. Location: 08/05/2024 - Senate APPR. SUSPENSE FILE Summary: Current law establishes the California Border Environmental and Public Health Protection Fund in the State Treasury to receive funds appropriated in the annual Budget Act, including, but not limited to, proceeds of bonds sold as specified, and other sources, such as from the North American Development Bank (Nedbank), and makes money in the fund available, upon appropriation, to the California-Mexico Border Relations Council, a state entity. Money in the fund is used to assist local governments in implementation of projects to identify and resolve environmental and public health problems that directly threaten the health or environmental quality of California residents or sensitive natural resources of the California border region, among other purposes. This bill would authorize, upon appropriation by the Legislature in the annual Budget Act or another statute, funds to be made available to the California Environmental Protection Agency (CalEPA) for NADBank for loans, grants, and direct expenditures to address water quality problems arising in the California-Mexico cross-border watersheds. 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 require grant funding to be conditioned upon the enforceability and accountability requirements mutually agreed upon by CalEPA and NADBank, and would authorize CalEPA to withhold funding if the requirements of the applicable funding agreement are not met. (Based on 07/03/2024 text) AB 1820 (Schiavo, D) Housing development projects: applications: fees and exactions. Status: 08/06/2024 - Read second time. Ordered to third reading. Calendar: 08/08/24 #204 S-ASSEMBLY BILLS - THIRD READING FILE (Floor Mgr.- Blakespear) Location: 08/06/2024 - Senate THIRD READING Summary: Current law requires a city or county to deem an applicant for a housing development project to have submitted a preliminary application upon providing specified information about the proposed project to the city or county from which approval for the project is being sought. 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 a city, county, or city and county to provide the estimate within 30 business days of the submission of the preliminary application. For development fees imposed by an agency other than a city, county, or city and county, the bill would require the development proponent to request the fee schedule from the agency that imposes the fee without delay. (Based on 06/05/2024 text) AB 1827 (Papan, D) Local government: fees and charges: water: higher consumptive water parcels. Status: 06/27/2024 - Read second time. Ordered to third reading. Calendar: 08/08/24 #133 S-ASSEMBLY BILLS - THIRD READING FILE Location: 06/27/2024 - Senate THIRD READING 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. Current law, known as the Proposition Page 5 of 16 Page 152 of 165 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with these requirements and, among other things, authorizes an agency providing water, wastewater, sewer, or refuse collection services to adopt a schedule of fees or charges authorizing automatic adjustments that pass through increases in wholesale charges for water, sewage treatment, or wastewater treatment or adjustments for inflation under certain circumstances. Current law defines, among other terms, the term “water” for these purposes to mean any system of public improvements intended to provide for the production, storage, supply, treatment, or distribution of water from any source. 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. (Based on 04/04/2024 text) Position: Support AB 2257 (Wilson, D) Local government: property-related water and sewer fees and assessments: remedies. Status: 08/05/2024 - Read second time and amended. Ordered to third reading. Calendar: 08/08/24 #191 S-ASSEMBLY BILLS - THIRD READING FILE Location: 08/05/2024 - Senate THIRD READING 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 notice, hearing, and protest procedures, depending on the character of the assessment, fee, or charge. 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. This bill would provide that local agency responses to the timely submitted written objections shall go to the weight of the evidence supporting the agency’s compliance with the substantive limitations on fees and assessments imposed by the constitutional provisions. The bill would also prohibit an independent cause of action as to the adequacy of the local agency’s responses. (Based on 08/05/2024 text) Position: Support AB 2318 (Papan, D) State Water Pollution Cleanup and Abatement Account: receipts and expenditures: report. Status: 08/06/2024 - Read second time. Ordered to Consent Calendar. Calendar: 08/08/24 #313 S-CONSENT CALENDAR SECOND LEGISLATIVE DAY Location: 08/05/2024 - Senate CONSENT CALENDAR Summary: Current law requires each of the 9 California regional water quality control boards to formulate and adopt water quality control plans for all areas within the region, as provided. Current law requires specified moneys to be paid into the State Water Pollution Cleanup and Abatement Account, which is established in the State Water Quality Control Fund, including, among other moneys, the proceeds of civil penalties for violations of certain waste discharge requirements. Current law continuously appropriates moneys in the account for specified purposes, including, among others, the payment of grant moneys to eligible entities to assist in cleaning up a waste, abating the effects of a waste on waters of the state, or addressing an urgent drinking water need. This bill would require the State Water Resources Control Board to, no later than January 1 of each year, post on its internet website a report describing the receipts and expenditures of the State Water Pollution Cleanup and Abatement Account, as provided. The bill would require the board to provide the initial report no later than January 1, 2026, and to include data from the years 2017 to 2025, inclusive, in that report. (Based on 02/12/2024 text) AB 2515 (Papan, D) Menstrual products: perfluoroalkyl and polyfluoroalkyl substances (PFAS). Status: 08/05/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. Calendar: 08/12/24 S-APPROPRIATIONS 10 a.m. - 1021 O Street, Room 2200 CABALLERO, ANNA, Chair Location: 07/03/2024 - Senate Appropriations Page 6 of 16 Page 153 of 165 Summary: The Hazardous Waste Control Law regulates the use and disposal of hazardous materials. Current law permits the Department of Toxic Substances Control or any local officer or agency authorized to enforce the Hazardous Waste Control Law to require specified parties to furnish and transmit certain information relating to hazardous substances, hazardous wastes, and hazardous materials. A violation of the Hazardous Waste Control Law is a crime. 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 manufacturing, distributing, selling, or offering for sale in the state any menstrual products that contain regulated PFAS, as defined. The bill would authorize the Department of Toxic Substances Control to adopt guidance or regulations, as specified, for the purposes of implementing and enforcing these provisions. The bill would require the department to issue guidance related to testing for regulated PFAS in menstrual products. The bill would authorize the department to issue a notice of violation of the above provisions under specified circumstances, including that the department has provided the manufacturer written notice of the alleged violation and, if mandated by the department, has failed to take corrective or mitigating actions to bring the product into compliance, and would specify when an initial and subsequent violations are deemed to have occurred. (Based on 08/05/2024 text) AB 2557 (Ortega, D) Local agencies: contracts for special services and temporary help: performance reports. Status: 08/05/2024 - In committee: Referred to APPR suspense file. Location: 08/05/2024 - Senate APPR. SUSPENSE FILE Summary: Would require, as of July 1, 2025, each county board of supervisors that solicits for and enters into a specified contract for special services, except as specified, to post that contract and any related documents, as specified, on its internet website. The bill would require, as of July 1, 2026, each contract, as described above, to include, among other things, the objectives, desirables, and goals of the contract. The bill would require, before beginning a procurement process to contract for functions, duties, responsibilities, or services, as specified, the board of supervisors, or its representative, to give reasonable written notice to the exclusive employee representative of the workforce affected by the contract of its determination to begin that process. The bill would also require, at least 30 days before the modification or renewal of the above-described contract, the board of supervisors, or its representative, to notify, as specified, the exclusive employee representative of the workforce affected by the contract of the intent to modify or renew the contract. (Based on 07/03/2024 text) Position: Oppose AB 2661 (Soria, D) Electricity: Westlands Water District. Status: 07/03/2024 - Read second time. Ordered to third reading. Calendar: 08/08/24 #168 S-ASSEMBLY BILLS - THIRD READING FILE Location: 07/03/2024 - Senate THIRD READING Summary: Would authorize the Westlands Water District to provide, generate, and deliver solar photovoltaic or hydroelectric electricity and to construct, operate, and maintain works, facilities, improvements, and property necessary or convenient for generating and delivering that electricity. The bill would require the district to use the electricity for the district’s own purposes, and the bill would authorize the district to sell surplus electricity to a public or private entity engaged in the distribution or sale of electricity. The bill would also authorize the district to construct, operate, and maintain energy storage systems and electric transmission lines, and to construct, operate, and maintain works, facilities, improvements, and property necessary or convenient for the operation of the energy storage system and electric transmission lines, within the boundaries of the district, as specified. The bill would require the district to report the amount of income, and the purposes for expenditure of that income, from these electricity facilities in a specified report. (Based on 05/16/2024 text) AB 2735 (Rubio, Blanca, D) Joint powers agreements: water corporations. Status: 08/06/2024 - Read second time. Ordered to third reading. Calendar: 08/08/24 #249 S-ASSEMBLY BILLS - THIRD READING FILE Location: 08/06/2024 - Senate THIRD READING Page 7 of 16 Page 154 of 165 Summary: Would authorize a water corporation, as defined, a mutual water company, and one or more public agencies to provide insurance, as specified, by a joint powers agreement. The bill would also authorize a water corporation, a mutual water company, and one or more public agencies to enter into a joint powers agreement for the purposes of risk pooling, as specified. The bill would prohibit a joint powers agency from allowing a water corporation to join the joint powers agency, unless the joint powers agency makes a specified determination relating to insurance. If a water corporation enters into a joint powers agreement for the purposes of risk pooling, the bill would require the water corporation to submit an annual information filing to the Public Utilities Commission and the joint powers agency, as specified. (Based on 07/03/2024 text) AB 2813 (Aguiar-Curry, D) Government Investment Act. Status: 07/18/2024 - Chaptered by Secretary of State - Chapter 155, Statutes of 2024 Location: 07/18/2024 - Assembly CHAPTERED Summary: The Proposition 218 Omnibus Implementation Act defines various terms and prescribes procedures and parameters for local jurisdictions to comply with specified provisions of the California Constitution. This bill, for purposes of ACA 1, would define "affordable housing" to include rental housing, ownership housing, interim housing, and affordable housing programs such as downpayment assistance, first-time homebuyer programs, and owner-occupied affordable housing rehabilitation programs, that are affordable to households earning up to 150% of countywide median income. The bill would require a local government to ensure that any project that is funded with ACA 1 bonded indebtedness to have an estimated useful life of at least 15 years or 5 years if the funds are for specified public safety facilities, infrastructure, and equipment. The bill would define "public infrastructure" to exclude the construction, reconstruction, rehabilitation, or replacement of a sports stadium or arena where the majority of the use of the facility is for private ticketed activities. The bill would prohibit ACA 1 bonded indebtedness from being used for the acquisition or lease of any real property that has, at the time of acquisition or lease, been improved with one to 4 dwelling units, except as specified. (Based on 07/18/2024 text) AB 3090 (Maienschein, D) Drinking water standards: emergency notification plan. Status: 07/02/2024 - Chaptered by Secretary of State - Chapter 68, Statutes of 2024 Location: 07/02/2024 - Assembly CHAPTERED Summary: Would authorize and encourage a public water system, when updating an emergency notification plan, to provide notification to water users by means of other communications technology, including, but not limited to, text messages, email, or social media. (Based on 07/02/2024 text) AB 3227 (Alvarez, D) California Environmental Quality Act: exemption: stormwater facilities: routine maintenance. Status: 08/06/2024 - Read second time. Ordered to third reading. Calendar: 08/08/24 #268 S-ASSEMBLY BILLS - THIRD READING FILE Location: 08/06/2024 - Senate THIRD READING Summary: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. This bill would, if certain conditions are met, exempt from the provisions of CEQA the routine maintenance of stormwater facilities that are fully concrete or that have a conveyance capacity of less than a 100-year storm event. The bill would, if the lead agency determines that a project is not subject to CEQA pursuant to these provisions and determines to approve or carry out the project, require the lead agency to file a notice with the State Clearinghouse in the Office of Planning and Research and with the county clerk in the county in which the project will be located, as provided, thereby imposing a state-mandated local program. Because a lead agency would be required to determine whether a project qualifies for this exemption, the bill would impose a state-mandated local program. (Based on 04/24/2024 text) ACA 2 (Alanis, R) Water Resiliency Act of 2024. Status: 03/19/2024 - In committee: Set, first hearing. Hearing canceled at the request of author. Page 8 of 16 Page 155 of 165 Location: 04/20/2023 - Assembly Water, Parks and Wildlife Summary: The California Constitution declares that 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, and that the right to the use of water does not extend to the waste or unreasonable use, method of use, or method of diversion of water. This measure would require the Treasurer to annually transfer an amount equal to 1.5% of all state revenues from the General Fund to the California Water Resiliency Trust Fund, which the measure would create. The measure would continuously appropriate moneys in the fund to the California Water Commission for its actual costs of implementing these provisions and for specified water infrastructure projects. (Based on 03/06/2024 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: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Location: 08/07/2024 - Assembly APPR. SUSPENSE FILE Summary: Would revise and recast certain provisions regarding The California Water Plan to, among other things, require the Department of Water Resources 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 designated beneficial uses. The bill Page 9 of 16 Page 156 of 165 would require the plan to include specified components, including a discussion of various strategies that may be pursued in order to meet the water supply targets, a discussion of agricultural water needs, and an analysis of the costs and benefits of achieving the water supply targets. The bill would require the department to submit to the Legislature an annual report between updates to the plan that includes progress made toward meeting the water supply targets once established, as specified. The bill would also require the department to conduct public workshops to give interested parties an opportunity to comment on the plan and to post the preliminary draft of the plan on the department’s internet website. (Based on 06/26/2024 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 778 (Ochoa Bogh, R) Excavations: subsurface installations. Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Location: 08/07/2024 - Assembly APPR. SUSPENSE FILE Summary: The Safe Dig Safe Act establishes a regional notification system to provide certain entities, defined as operators, that own, operate, and maintain subsurface installations with advance warning of nearby excavations or other work for the purpose of protecting those installations from damage, removal, relocation, or repair. Existing law establishes the California Underground Facilities Safe Excavation Board, also known as the Dig Safe Board, composed of 9 members, for the enforcement and administration of the Safe Dig Safe Act. Current law requires the Governor to appoint 7 of the board members. This bill would revise the knowledge and experience requirements for 3 of the members appointed by the Governor. (Based on 07/03/2024 text) SB 867 (Allen, D) Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024. Status: 07/03/2024 - Chaptered by Secretary of State - Chapter 83, Statutes of 2024 Location: 07/03/2024 - Senate CHAPTERED Summary: Would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate-smart, sustainable, and resilient farms, ranches, and working lands, park creation and outdoor access, and clean air programs. (Based on 07/03/2024 text) SB 937 (Wiener, D) Development projects: permits and other entitlements: fees and charges. Status: 08/07/2024 - From committee: Do pass. (Ayes 11. Noes 1.) (August 7). Calendar: 08/08/24 #4 A-SECOND READING FILE -- SENATE BILLS Page 10 of 16 Page 157 of 165 Location: 06/26/2024 - Assembly Appropriations 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 24 months the period for the expiration, effectuation, or utilization of a housing entitlement for a priority designated residential development project, as those terms are defined, that was issued before January 1, 2024, and that will expire before December 31, 2025, except as specified. The bill would toll this 24-month extension during any time that the housing entitlement is the subject of a legal challenge. (Based on 06/27/2024 text) SB 1072 (Padilla, D) Local government: Proposition 218: remedies. Status: 06/27/2024 - Read second time. Ordered to third reading. Calendar: 08/08/24 #122 A-THIRD READING FILE - SENATE BILLS Location: 06/27/2024 - Assembly THIRD READING 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. The Proposition 218 Omnibus Implementation Act prescribes specific procedures and parameters for local compliance with the requirements of the California Constitution for assessments and property-related fees. This bill would require a local agency, if a court determines that a fee or charge for a property-related service, as specified, violates the above-described provisions of the California Constitution relating to fees and charges, to credit the amount of the fee or charge attributable to the violation against the amount of the revenues required to provide the property-related service, unless a refund is explicitly provided for by statute. (Based on 06/17/2024 text) SB 1088 (Alvarado-Gil, D) Office of Emergency Services: state matching funds: water system infrastructure improvements. Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Location: 08/07/2024 - Assembly APPR. SUSPENSE FILE Summary: Current law establishes, within the office of the Governor, the Office of Emergency Services (OES), under the direction of the Director of Emergency Services. Current law charges the OES with coordinating various emergency activities within the state. The California Emergency Services Act, contingent upon an appropriation by the Legislature, requires the OES to enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act with the Department of Forestry and Fire Protection to develop and administer a comprehensive wildfire mitigation program relating to structure hardening and retrofitting and prescribed fuel modification activities. Current law authorizes the joint powers authority to establish financial assistance limits and matching funding or other recipient contribution requirements for the program, as provided. This bill would, contingent on funding being appropriated pursuant to a bond act, as specified, establish the Rural Water Infrastructure for Community Wildfire Protection Program within the OES for the distribution of state matching funds to communities within the Wildland Urban Interface in designated high fire hazard severity zones or very high fire hazard severity zones to improve water system infrastructure, as prescribed. (Based on 06/18/2024 text) Page 11 of 16 Page 158 of 165 SB 1110 (Ashby, D) Water reports: urban retail water suppliers: informational order: conservation order. Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Location: 08/07/2024 - Assembly APPR. SUSPENSE FILE 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, as provided. Current law authorizes the board, on and after January 1, 2025, to issue a written notice to an urban retail water supplier that does not meet its urban water use objective. Current law authorizes the board, on and after January 1, 2026, to issue a conservation order to an urban retail water supplier that does not meet its urban water use objective. This bill would instead authorize the board to issue the informational orders on and after January 1, 2026, the written notice on and after January 1, 2027, and the conservation order on and after January 1, 2028. (Based on 06/26/2024 text) SB 1147 (Portantino, D) Drinking water: bottled water: microplastics levels. Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Location: 08/07/2024 - Assembly APPR. SUSPENSE FILE Summary: The Sherman Food, Drug, and Cosmetic Law, regulates, among other things, the manufacture, production, processing, and packing of any food, drug, device, or cosmetic, and is administered by the State Department of Public Health. The law prescribes various quality and labeling standards for bottled water and vended water, and limits the levels of certain contaminants that may be contained in those water products. Current law makes a violation of the law or regulation adopted pursuant to the law a crime. Existing law requires, as a condition of licensure, a water-bottling plant, as defined, to annually prepare a water-bottling plant report, as specified, and to make the report available to each customer, upon request. This bill would require, in the event that the State Water Resources Control Board adopts a primary drinking water standard for microplastics, and upon adoption of that standard, any water-bottling plant that produces bottled water that is sold in this state to provide the State Department of Public Health’s Food and Drug Branch an annual report on the levels of microplastics found in the source water used for bottling and in the final bottled water product that is offered for sale, as provided. The bill would require this report to be included with the annual water-bottling plant report and, upon request, be made available to each consumer. By expanding requirements on water-bottling plants, the violation of which would be a crime, the bill would impose a state-mandated local program. (Based on 06/19/2024 text) SB 1156 (Hurtado, D) Groundwater sustainability agencies: conflicts of interest: financial interest disclosures. Status: 08/07/2024 - From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (August 7). Calendar: 08/08/24 #35 A-SECOND READING FILE -- SENATE BILLS Location: 08/07/2024 - Assembly CONSENT CALENDAR Summary: The Political Reform Act of 1974 prohibits 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. The act requires specified public officials, including elected state officers, judges and court commissioners, members of certain boards and commissions, other state and local public officials, and candidates for these positions to file statements of economic interests, annually and at other specified times, that disclose their investments, interests in real property, income, and business positions. The Fair Political Practices Commission is the filing officer for such statements filed by statewide elected officers and candidates and other specified public officials. This bill would require members of the board of directors and the executive, as defined, of a groundwater sustainability agency to file statements of economic interests, according to the filing requirements described above, with the Fair Political Practices Commission using the Commission’s online system for filing statements of economic interests. (Based on 06/18/2024 text) Page 12 of 16 Page 159 of 165 SB 1178 (Padilla, D) California Water Quality and Public Health Protection Act. Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Location: 08/07/2024 - Assembly APPR. SUSPENSE FILE 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 permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. This bill would require the board to, on or before August 1, 2025, establish regulations governing annual reporting by compliance entities, as defined, regarding waste discharges, as provided. The bill would require compliance entities to submit a report to the board by June 1, 2026, and annually thereafter on waste discharges and their locations, as provided. The bill would require, within 3 months of reporting to the board waste discharges that affect the quality of the water of the state within any region, any nonexempt compliance entity to prominently label any product sold in California whose production resulted in waste discharge contaminating California’s water quality with a warning label, as specified. The bill would authorize the board to adopt regulations to seek administrative penalties for nonfiling, late filing, or other failures to meet the requirements of these provisions, and would require these penalties to be deposited into the California Water Quality and Public Health Impact Fund, which the bill would create. (Based on 06/17/2024 text) SB 1188 (Laird, D) Drinking water: technical, managerial, and financial standards. Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Location: 08/07/2024 - Assembly APPR. SUSPENSE FILE Summary: The California Safe Drinking Water Act prohibits a person from operating a public water system unless the person first submits an application to the state board and receives a permit to operate the system, as specified. Current law authorizes the State Water Resources Control Board to impose permit conditions, requirements for system improvements, technical, financial, or managerial requirements, and time schedules as it deems necessary to ensure a reliable and adequate supply of water at all times that is pure, wholesome, potable, and does not endanger the health of consumers. Current law makes it a crime to knowingly make any false statement or representation in any application, record, report, or other document submitted, maintained, or used for purposes of compliance with the act. This bill would require the state board to develop and adopt minimum standards related to the technical, managerial, and financial capacity of community water systems serving fewer than 10,000 people or 3,300 service connections and nontransient noncommunity water systems that serve K–12 schools. The bill would require community water systems serving fewer than 10,000 people or 3,300 service connections and nontransient noncommunity water systems that serve K–12 schools to demonstrate compliance with those standards, as provided. The bill would require new community water systems serving fewer than 10,000 persons or 3,300 service connections and nontransient noncommunity water systems that serve K–12 schools to demonstrate, as part of a permit application, compliance with the minimum technical, managerial, and financial standards. (Based on 06/20/2024 text) SB 1210 (Skinner, D) New housing construction: electrical, gas, sewer, and water service: service connection information. Status: 08/07/2024 - From committee: Do pass. (Ayes 10. Noes 1.) (August 7). Calendar: 08/08/24 #13 A-SECOND READING FILE -- SENATE BILLS Location: 06/26/2024 - Assembly Appropriations Summary: Current law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations, gas corporations, sewer system corporations, and water corporations, while local publicly owned utilities, including municipal utility districts, public utility districts, and irrigation districts, are under the direction of their governing boards. This bill would, for new housing construction, require the above-described utilities, on or before January 1, 2026, to publicly post on their internet websites (1) the schedule of estimated fees for typical service connections for each housing development type, including, Page 13 of 16 Page 160 of 165 but not limited to, accessory dwelling unit, mixed-use, multifamily, and single-family developments, except as specified, and (2) the estimated timeframes for completing typical service connections needed for each housing development type, as specified. The bill would exempt from its provisions a utility with fewer than 4,000 service connections that does not establish or maintain an internet website due to a hardship and would authorize the utility to establish that a hardship exists by annually adopting a resolution that includes detailed findings, as provided. (Based on 06/24/2024 text) SB 1218 (Newman, D) Water: emergency water supplies. Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Location: 08/07/2024 - Assembly APPR. SUSPENSE FILE Summary: The Urban Water Management Planning Act requires every public and private urban water supplier that directly or indirectly provides water for municipal purposes to prepare and adopt an urban water management plan. The act requires an urban water management plan to include a water shortage contingency plan, as provided. This bill would declare that it is the established policy of the state to encourage, but not mandate, the development of emergency water supplies, and to support their use during times of drought or unplanned service or supply disruption, as provided. (Based on 06/18/2024 text) Position: Support SB 1255 (Durazo, D) Public water systems: needs analysis: water rate assistance program. Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Location: 08/07/2024 - Assembly APPR. SUSPENSE FILE Summary: Current law establishes the Safe and Affordable Drinking Water Fund in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Current law requires the state board to annually adopt a fund expenditure plan, as provided, and requires expenditures from the fund to be consistent with the fund expenditure plan. Current law requires the state board to base the fund expenditure plan on data and analysis drawn from a specified drinking water needs assessment. This bill would require the state board to update a needs analysis of the state’s public water systems to include an assessment, as specified, of the funds necessary to provide a 20% bill credit for low-income households served by community water systems with fewer than 3,300 service connections and for community water systems with fewer than 3,300 service connections to meet a specified affordability threshold on or before July 1, 2026, and on or before July 1 of every 3 years thereafter. (Based on 06/19/2024 text) SB 1266 (Limón, D) Product safety: bisphenol. Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Location: 08/07/2024 - Assembly APPR. SUSPENSE FILE Summary: Current law, part of the hazardous waste control law, requires the Department of Toxic Substances Control to adopt regulations to establish a process by which chemicals or chemical ingredients in products may be identified and prioritized for consideration as being chemicals of concern and to adopt regulations to establish a process by which chemicals of concern may be evaluated. Current law prohibits the manufacture, sale, or distribution in commerce of any bottle or cup that contains bisphenol A, as specified, if the bottle or cup is designed or intended to be filled with any liquid, food, or beverage intended primarily for consumption by children 3 years of age or younger. The prohibition above does not apply to a product subject to a regulatory response by the department as of the date that the department posts a prescribed notice regarding the department’s adoption of the regulatory response. Existing law additionally requires manufacturers to use the least toxic alternative when replacing bisphenol A in containers and prohibits manufacturers from replacing bisphenol A with chemicals known to cause Page 14 of 16 Page 161 of 165 cancer or reproductive harm, as specified. This bill would, on and after January 1, 2026, instead apply the above prohibitions and requirements to any juvenile’s feeding product or juvenile’s sucking or teething product, as defined, that contains any form of bisphenol, as defined, at a detectable level above 0.1 parts per billion. The bill would authorize the department to establish standards for the juvenile’s products above that are more protective of public health, sensitive populations, or the environment than the standards established by the bill. (Based on 06/19/2024 text) SB 1330 (Archuleta, D) Urban retail water supplier: water use. Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Location: 08/07/2024 - Assembly APPR. SUSPENSE FILE Summary: Current law requires an urban retail water supplier to calculate its urban water use objective no later than January 1, 2024, and by January 1 every year thereafter, and to be composed of the sum of specified data, including aggregate residential water use. Current law requires each urban retail water supplier’s water use objective to be composed of the sum of specified aggregate estimates, including efficient outdoor irrigation of landscape areas with dedicated irrigation meters or equivalent technology in connection with water used by commercial water users, industrial water users, institutional water users, and large landscape water users (CII). Current law requires an urban retail water supplier to submit reports to the Department of Water Resources, as provided, by the same dates. This bill would require the department to, no later than January 1, 2035, conduct necessary studies and investigations regarding the efficiency performance of newly constructed residential landscapes and landscape areas with dedicated irrigation meters in connection with CII water use, as specified. (Based on 06/26/2024 text) Position: Support SB 1360 (Alvarado-Gil, D) Water quality: state board certification. Status: 03/18/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. Location: 02/16/2024 - Senate Rules Summary: The Porter-Cologne Water Quality Control Act authorizes the State Water Resources Control Board to certify or provide a statement to a federal agency, as required pursuant to federal law, that there is reasonable assurance that an activity of any person subject to the jurisdiction of the state board will not reduce water quality below applicable standards. The federal act provides that if a state fails or refuses to act on a request for this certification within a reasonable period of time, which shall not exceed one year after receipt of the request, then the state certification requirements are waived with respect to the federal application. Current law authorizes the state board to issue the certificate or statement before completion of the required environmental review if the state board determines that waiting until completion of that environmental review to issue the certificate or statement poses a substantial risk of waiver of the state board’s certification authority under the Federal Water Pollution Control Act or any other federal water quality control law, as provided. This bill would require the state board to issue the certificate or statement before completion of the required environmental review if the state board and Governor’s Office of Business and Economic Development, in consultation with an applicant, jointly determine that the applicant’s project will help the state meet its clean energy goals and increase electric reliability and waiting until completion of that environmental review to issue the certificate or statement poses a risk to the applicant of not being eligible for federal tax credits or incentives, as provided. (Based on 03/18/2024 text) SB 1390 (Caballero, D) Groundwater recharge: floodflows: diversion. Status: 08/07/2024 - August 7 set for first hearing. Placed on suspense file. Calendar: 08/15/24 A-APPROPRIATIONS SUSPENSE Upon adjournment of Session - 1021 O Street, Room 1100 WICKS, BUFFY, Chair Location: 08/07/2024 - Assembly APPR. SUSPENSE FILE 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 Page 15 of 16 Page 162 of 165 some useful or beneficial purpose. Current law provides, however, that the diversion of floodflows for groundwater recharge does not require an appropriative water right if certain conditions are met, including that a local or regional agency that has adopted a local plan of flood control or has considered flood risks as part of its most recently adopted general plan has given notice, as provided, of imminent risk of flooding and inundation of lands, roads, or structures. Current law defines “floodflow” for these purposes, to include circumstances in which flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development. Current law defines “imminent” for these purposes to mean a high degree of confidence that a condition will begin in the immediate future. Current law also requires the person or entity making the diversion for groundwater recharge purposes to file with the State Water Resources Control Board and any applicable groundwater sustainability agency for the basin, a notice containing specified information no later than 48 hours after initially commencing diversion of floodflows for groundwater recharge, a preliminary report no later than 14 days after initially commencing that diversion, and a final report no later than 15 days after the diversions cease. These requirements apply to diversions commenced before January 1, 2029. This bill would also require an entity making the diversions for groundwater recharge that is required to file the notice and the reports, including the final report, as described above, with the board and the applicable groundwater sustainability agency for the basin, to also file those documents with the agency that issued the applicable flood determination. The bill would require the final report to contain information, if applicable, describing the forecasting models used to determine a likely imminent escape of surface water and a description of the methodology used to determine the abatement of flood conditions. (Based on 06/26/2024 text) Page 16 of 16 Page 163 of 165 ITEM NO. 17.1. AGENDA REPORT MEETING DATE: September 12, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Meetings from September 13 - October 31, 2024 Event Date Time Attendance By and Notes September SAWPA Commission Tue, Sep 17 9:30 AM CalMutuals Board Tue, Sep 17 2:00 PM Barbre Yorba Linda City Council Tue, Sep 17 6:30 PM Lindsey Brea City Council (As Needed) Tue, Sep 17 7:00 PM DesRoches Placentia City Council Tue, Sep 17 7:00 PM Hernandez MWDOC Board Wed, Sep 18 8:30 AM Lindsey OCWA Meeting Wed, Sep 18 11:30 AM OCWD Board Wed, Sep 18 5:30 PM DesRoches Board of Directors Special Meeting Thu, Sep 19 7:30 AM Labor & Employment Counsel Interviews YL First Responders Breakfast Wed, Sep 25 7:30 AM Hernandez/Lindsey/Barbre OC San Board Wed, Sep 25 6:00 PM Hawkins YL Planning Commission Wed, Sep 25 6:30 PM Hawkins (As Needed) Board of Directors Regular Meeting Thu, Sep 26 7:30 AM Reserves Policy Workshop Placentia State of the City Thu, Sep 26 11:15 AM Lindsey YL Wildfire Community Outreach Meeting Thu, Sep 26 6:00 PM OC Water Summit Fri, Sep 27 8:00 AM Barbre/Hernandez October SAWPA Commission Tue, Oct 1 9:30 AM Yorba Linda City Council Tue, Oct 1 6:30 PM Barbre Placentia City Council Tue, Oct 1 7:00 PM DesRoches Brea City Council (As Needed) Tue, Oct 1 7:00 PM Lindsey MWDOC Board Wed, Oct 2 8:30 AM Lindsey OCWD Board Wed, Oct 2 5:30 PM DesRoches WACO Fri, Oct 4 7:30 AM MWDSC Board Tue, Oct 8 1:00 PM Financial Review Group Tue, Oct 8 4:30 PM DesRoches/Lindsey PYLUSD Board Tue, Oct 8 6:00 PM Hernandez OC LAFCO Commission Wed, Oct 9 8:15 AM YL Planning Commission Wed, Oct 9 6:30 PM Hawkins (As Needed) Page 164 of 165 Board of Directors Regular Meeting Thu, Oct 10 8:30 AM Open House Sat, Oct 12 9:00 AM ACWA Region 10 Tue, Oct 15 8:30 AM DesRoches/Hernandez SAWPA Commission Tue, Oct 15 9:30 AM CalMutuals Board Tue, Oct 15 2:00 PM Barbre Yorba Linda City Council Tue, Oct 15 6:30 PM Hawkins Brea City Council (As Needed) Tue, Oct 15 7:00 PM Hernandez Placentia City Council Tue, Oct 15 7:00 PM Lindsey MWDOC Board Wed, Oct 16 8:30 AM Lindsey OCWA Meeting Wed, Oct 16 11:30 AM OCWD Board Wed, Oct 16 5:30 PM DesRoches Yorba Linda State of the City Wed, Oct 16 6:00 PM MWDOC/OCWD Joint Planning Committee Wed, Oct 23 8:30 AM DesRoches/Lindsey OC San Board Wed, Oct 23 6:00 PM Hawkins YL Planning Commission Wed, Oct 23 6:30 PM Hawkins (As Needed) Board of Directors Regular Meeting Thu, Oct 24 8:30 AM ISDOC Quarterly Meeting Thu, Oct 31 11:30 AM As of September 5, 2024. 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