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HomeMy WebLinkAbout2011-01-13 - Board of Directors Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, January 13, 2011, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Michael J. Beverage, President Phil Hawkins, Vice President Ric Collett Robert R. Kiley Gary T. Melton 4. ADDITIONS/DELETIONS TO THE AGENDA 5. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 6. PRESENTATIONS 6.1. Presentation by Andy Sells Regarding Services Provided by ACWA/JPIA 7. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 7.1. Minutes of the Regular Board of Directors Meeting Held December 22, 2010 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,293,750.14. 7.3. Water Quality Mixer for Hidden Hills Reservoir Recommendation: That the Board of Directors approve a sole-source Purchase Agreement with Process Solutions, Inc., to provide and install a Tank Shark Reservoir Management System for Hidden Hills Reservoir for a total cost of $72,250. 8. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 8.1. Employee Agreements for the Period July 1, 2010 through June 30, 2011 Recommendation: That the Board of Directors adopt: 1. Resolution No. 11-01, the Memorandum of Understanding and Pay Plan with the Yorba Linda Water District's Employees Association; 2. Resolution No. 11-02, the Employee Compensation and Terms of Employment for the Supervisory/Confidential Employees; 3. Resolution No. 11-03, the Employee Compensation and Terms of Employment for Management Employees. All agreements are for the period July 1, 2010 through June 30, 2011. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report 9.2. Directors' Reports CRWUA Conference - December 15-17, 2010 (Beverage, Kiley, Melton) Video "Managing a River of Issues" (15 min) 9.3. General Manager's Report 9.4. General Counsel's Report 9.5. Future Agenda Items and Staff Tasks 10. COMMITTEE REPORTS 10.1. Executive Administrative-Organizational Committee (Beverage/Hawkins) Minutes of meeting held December 21, 2010 at 4:00 p.m. Meeting scheduled January 18, 2011 at 4:00 p.m. 10.2. Finance-Accounting Committee (Collett/Kiley) • Minutes of meeting held January 10, 2011 at 4:00 p.m. (To be provided at the meeting.) • Meeting scheduled February 14, 2011 at 4:00 p.m. 10.3. Personnel-Risk Management Committee (Kiley/Beverage) • Minutes of meeting held January 11, 2011 at 4:00 p.m. (To be provided at the meeting.) • Meeting scheduled February 8, 2011 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Melton/Collett) Minutes of meeting held January 6, 2011 at 4:00 p.m. Meeting scheduled February 3, 2011 at 4:00 p.m. 10.5. Public Information-Technology Committee (Hawkins/Melton) Minutes of meeting held January 3, 2011 at 4:00 p.m. Meeting scheduled February 7, 2011 at 4:00 p.m. 10.6. MWDOC/OCWD Ad Hoc Committee (Beverage/Hawkins) • Meeting scheduled January 25, 2011 at 4:00 p.m. 10.7. Citizens Advisory Committee (Beverage) • Meeting scheduled January 24, 2011 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL City Council - January 4, 2011 (Hawkins) 11.2. MWDOC/MWD Workshop -January 5, 2011 (Melton/Staff) 11.3. OCWD Board - January 5, 2011 (Kiley/Staff) 11.4. WACO -January 7, 2011 (Hawkins) 11.5. YL Planning Commission - January 12, 2011 (Kiley) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from January 14, 2011 - February 28, 2011 13. CONFERENCES AND SEMINARS 13.1. MWDOC Inspection Trip of the State Water Project and Sacramento-San Joaquin Delta -January 21-22, 2011 (Kiley/Melton) Recommendation: That the Board of Directors authorize Director attendance at the above listed event. 14. CLOSED SESSION CONTINUED 14.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager 15. ADJOURNMENT 15.1. A strategic planning workshop meeting of the Board of Directors will be held January 20, 2011 at 8:00 a.m. The next regular meeting of the Board of Directors will be held January 27, 2011 at 8:30 a.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 7.1 AGENDA REPORT Meeting Date: January 13, 2011 Subject: Minutes of the Regular Board of Directors Meeting Held December 22, 2010 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Narne: Description: Type: 122210 BOD - Minutes.doc BOD Mtg Minutes 12/22/10 Minutes Approved by the Board of Directors of the Yorba Linda Water District 1/13/2011 PH/RK 5-0 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING December 22, 2010 1. CALL TO ORDER The December 22, 2010 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Beverage at 8:30 a.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Michael J. Beverage, President Ken Vecchiarelli, General Manager Phil Hawkins, Vice President Pat Grady, Assistant General Manager Robert R. Kiley Steve Conklin, Engineering Manager Gary T. Melton Lee Cory, Operations Manager Gina Knight, Human Resources Mgr Stephen Parker, Finance Director Damon Micalizzi, PI Officer Annie Alexander, Executive Secretary DIRECTORS ABSENT pu. Ric Collett OTHER VISITORS Brett Barbre, Director, Municipal Water District of Orange County Cheryl Brothers, Trustee, Orange County Vector Control District Nancy Rikel, Mayor, City of Yorba Linda Mark Schock, Resident 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Vecchiarelli requested to add the following item to the agenda as there was a need to take immediate action on this item and the need for action came to staff's attention subsequent to the agenda being posted. 7.5. Nomination and Election of Special District Representatives to Local Agency Formation Commission On a motion by Director Hawkins, seconded by Director Melton, the Board voted 4-0 to add Item No. 7.5. to the agenda. President Beverage then requested that the Directors' report regarding their attendance at the CRWUA Conference under Item No. 9.2. be moved to the next agenda. 1 5. PUBLIC COMMENTS None. 6. CONSENT CALENDAR On a motion by Director Hawkins, seconded by Director Kiley, the Board voted 4- 0 to approve the Consent Calendar. 6.1. Minutes of the Regular Board of Directors Meeting Held December 9, 2010 Recommendation. That the Board of Directors approve the minutes as presented. 6.2. Payments of Bills, Refunds, and Wire Transfers Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of $1,157,799.80. 6.3. Terms and Conditions for Water and Sewer Service with BMI Holdings, LP Recommendation. That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with BMI Holdings, LP, Job No. 201027. 7. ACTION CALENDAR The following item was taken out of order. 7.5. Nomination and Election of Special District Representatives to Local Agency Formation Commission (LAFCO) Director Barbre addressed the Board and introduced Ms. Brothers. Ms. Brothers then provided the Board with a summary of her work experience and reasons for wanting to serve on LAFCO. On a motion by Director Hawkins, seconded by Director Kiley, the Board voted 4-0 to support the nomination of Ms. Brothers for the special district representative seat on LAFCO and authorize Director Melton to attend the ISDOC quarterly meeting on January 27, 2011 and vote on the District's behalf should President Beverage be unable to attend. Ms. Brothers left the meeting at this time. 2 7.1. Award of Construction Contract for Emergency Pumpout Facilities and Anaheim Interconnection Project Mr. Conklin explained that R.Y. Engineering Works, Inc. had requested to withdraw their bid for $246,175 for construction of the Emergency Pumpout Facilities and Anaheim Interconnection Project due to a clerical error. Staff is recommending that the Board accept the withdrawal of R.Y. Engineering Works' bid and execute an agreement with GCI Construction, Inc. in the amount of $325,860 for construction of the project. Mr. Conklin and Mr. Vecchiarelli then responded to questions from the Board regarding available emergency connections on the east end of the District, the types of mobile pumps being used, and the bidding process. On a motion by Director Hawkins, seconded by Director Melton, the Board voted 4-0 to authorize the following. (1) accept the withdrawal of the $246,175 bid by R. Y. Engineering Works, Inc. for the subject project due to clerical error, in accordance with the California Public Contracts Code Sections 5100-5110, and relieve the bidder from and return the bid security; and (2) authorize the President and Secretary to execute an agreement with GCI Construction, Inc. for construction of the Emergency Pumpout Facilities and Anaheim Interconnection Project, in the amount of $325,860, subject to the approval as to form by General Counsel. 7.2. Award of Construction Contract for Vista Del Verde Valve Replacement Project - Phases II & III Mr. Conklin explained that staff had received 15 bids for Phases II & III for construction of the Vista Del Verde Replacement Project. Staff is recommending that the Board award a contract to Stephen Doreck Equipment Rentals, Inc. in the amount of $330,650 for construction of the project. .4 On a motion by Director Hawkins, seconded by Director Kiley, the Board voted 4-0 to award a contract to Stephen Doreck Equipment Rentals, Inc., in the amount of $330,650, for construction of the Vista Del Verde Valve Replacement Project - Phases 11 & 111. 7.3. Engineering Services for the Yorba Linda Blvd Booster Station and Pipeline Project Mr. Conklin explained that staff had received 7 proposals for engineering services for the Yorba Linda Blvd Booster Station and Pipeline Project. Staff is recommending that the Board authorize execution of a Professional Services Agreement to Lee & Ro, Inc. in the amount of $423,624 for engineering services for the project. Mr. Conklin then responded to questions from the Board regarding the number of expected change orders and the bidder qualification review process. On a motion by Director Hawkins, seconded by Director Melton, the Board voted 4-0 to authorize execution of a Professional Services Agreement to Lee & Ro, Inc., for a fee not to exceed $423,624, to provide engineering, planning, design, and construction phase services for the Yorba Linda Blvd Booster Station and Pipeline Project. 3 7.4. MWDOC Turf Removal Program Agreement Mr. Vecchiarelli explained that MWDOC was offering a short-term financial incentive program for turf removal. The program would be a matching funds program with MWDOC offering $1 per square foot and the District matching those funds up to a total of $10,000. Mr. Vecchiarelli then responded to questions from the Board regarding the exclusion of hardscape and synthetic turf as a replacement media and the impact of city landscape ordinances on program participants. On a motion by Director Hawkins, seconded by Director Kiley, the Board voted 4-0 to authorize the General Manager to execute the Agreement for Participation in the MWDOC Turf Removal Program. 8. DISCUSSION ITEMS 8.1. New Board Member Orientation CD Mr. Vecchiarelli provided the Board with a brief overview of the new Board member orientation CD. The information contained on the CD will be copied onto a flash drive for each Board member for ease of use and will include a copy of the most recent strategic plan. 9. REPORTS, INFORMATION ITEMS AND COMMENTS 9.1. President's Report President Beverage wished those in attendance a Merry Christmas. 9.2. Directors' Reports None. CRWUA Conference - December 15-17, 2010 (Beverage, Kiley, Melton) This item was moved to the next agenda. 9.3. General Manager's Report Mr. Vecchiarelli wished everyone a Merry Christmas and reported that a venue had been secured for the upcoming Employee Recognition Dinner. The two dates being considered are February 4, 2011 or February 11, 2011. Following a brief discussion, it was the consensus of the Board to hold the event the evening of February 11, 2011. Mr. Vecchiarelli then reported on the status of the rainstorm event. 9.4. Future Agenda Items and Staff Tasks Director Beverage requested that the District's current purchasing policy be discussed at the next Executive-Administrative-Organizational Committee meeting. 4 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Beverage/Hawkins) Minutes of the meeting held December 21, 1010 will be provided at the next Board of Directors meeting. Meeting scheduled January 18, 2011 at 4:00 p.m. 10.2. Finance-Accounting Committee (Collett/Kiley) ` Minutes of the meeting held December 20, 2010 were provided at the meeting. Directors Collett and Kiley attended. Matters discussed during the meeting were as follows: October 2010 Budget to Actual Results; October 2010 Investment Report; and Committee Activities Recap and Forward Planning Objectives. Meeting scheduled January 10, 2011 at 4:00 p.m. 10.3. Personnel-Risk Management Committee (Kiley/Beverage) Minutes of the meeting held December 14, 2010 were provided in the agenda packet. Directors Kiley and Beverage attended. Matters discussed during the meeting were as follows: Committee Activities Recap and Forward Planning Objectives; Status of Human Resources and Risk Management Activities; Status of Recruitments and Authorized/Budgeted Positions; Merit Pay and Salary Increases; Meet and Confer Status Report; and Employee Recognition Programs. Meeting scheduled January 11, 2011 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Melton/Collett) Meeting scheduled January 6, 2011 at 4:00 p.m. 10.5. Public Information-Technology Committee (Hawkins/Melton) Meeting scheduled January 3, 2011 at 4:00 p.m. 10.6. MWDOC/OCWD Ad Hoc Committee (Beverage/Hawkins) Meeting scheduled January 25, 2011 at 4:00 p.m. 5 10.7. Citizens Advisory Committee (Beverage) Minutes of the meeting held December 13, 2010 were provided in the agenda packet. Director Beverage attended. Matters discussed during the meeting were as follows: Citizens Advisory Committee Structure, Organization and Membership for Calendar Year 2011; and Board of Directors Meeting Minutes. Meeting scheduled January 24, 2011 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. WACO - December 10, 2010 (Hawkins) Directors Hawkins and Kiley attended. Director Hawkins commented on a report provided by David Cordero at the meeting. 11.2. MWDOC Board - December 15, 2010 (Melton/Staff) Director Melton was unable to attend this meeting as he was at the CRWUA conference. 11.3. OCWD Board - December 15, 2010 (Kiley/Staff) Director Kiley was unable to attend this meeting as he was at the CRWUA conference. 11.4. YL Planning Commission - December 15, 2010 (Kiley) Director Kiley was unable to attend this meeting as he was at the CRWUA conference. 11.5. YL City Council - December 21, 2010 (Melton) Director Melton attended and commented on the potential transfer/sale of the City-owned sewer system and General Plan update which were discussed during the meeting. Mr. Vecchiarelli reported that staff had attended the OCWD Board meeting on December 15, 2010 at which a contract to conduct a CEQA study for the District's annexation request was awarded. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from December 23, 2010 - January 31, 2011 The Board reviewed the listed meetings and scheduled the following workshops: Strategic Planning January 20, 2011 Rate Study February 17, 2011 Budget March 25, 2011 (Tentative) April 21, 2011 6 13. CONFERENCES AND SEMINARS 13.1. WACO - December 10, 2010 WACO - January 7, 2011 SDLGI Governance Seminar- February 17-18, 2011 On a motion by Director Hawkins, seconded by Director Kiley, the Board voted 4-0 to authorize Director attendance at the WACO meetings listed above. A brief recess was declared at 9:58 a.m. The meeting reconvened at 10:03 a.m. V. 14. CLOSED SESSION The meeting was adjourned to Closed Session at 10:03 a.m. All Directors were present. Also present were Messrs. Vecchiarelli, Grady and Kreisler and Mrs. Knight. 14.1. Conference with Labor Negotiators Pursuant to Section 54956.7 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Pat Grady Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association Messrs. Vecchiarelli and Grady left the Closed Session at 10:52 a.m. 14.2. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 11:47 a.m. President Beverage announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 7 15. ADJOURNMENT 15.1. The meeting was adjourned at 11.48 a.m. The next regular meeting of the Board of Directors will be held January 13, 2011 at 8.30 a.m. Ken Vecchiarelli Board Secretary r a. 8 ITEM NO. 7.2 AGENDA REPORT Meeting Date: January 13, 2011 Budgeted: Yes Total Budget: N/A To: Board of Directors Cost Estimate: $1,293,750.14 Funding Source: All Funds From: Ken Vecchiarelli, General Manager Account No: N/A Job No: N/A Presented By: Stephen Parker, Finance Director Dept: Finance Reviewed by Legal: N/A Prepared By: Maria Trujillo, Accounting Assistant CEQA Compliance: N/A I Subject: Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $1,293,750.14. DISCUSSION: The wire transfers on this disbursement list is as follows: A wire of $95,821.40 to ACWA-HBA for January 2011 health premium; and, a wire of $688,539.17 to MWDOC for November 2010 water purchase. The balance of $273,847.66 is routine invoices. The Accounts Payable check register total is $1,058,208.23; Payroll Nos. 26 and 26a total $233,197.07 and $2,344.84, respectively; and, the disbursements of this agenda report are $1,293,750.14. A summary of the checks is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. ATTACHMENTS: Narw,: Description: Type: CkReg11311 BCD.pdf Check Register Backup Material 11-CS 113.doc Cap Sheet Backup Material Approved by the Board of Directors of the Yorba Linda Water District 1/13/2011 PH/RK 5-0 Director Collett abstained from voting on Check No. 55675 as he had a financial interest with the vendor. Yorba Linda Water District Check Register For Checks Dated- 12/23/2010 thru 1/13/2011 Check No. [date Vendor Name Amount description {$25k or greaterl 55614 01/13/2011 A Plus Awards By Dewey 54.38 55608 01/13/2011 Abbott Staffing; Group 5,402.60 55609 01/13/2011 ACWA/JPIA 32,279.00 Workers'Comp prem)PIA trg W122710 12/27/2010 ACWA-HBA 95,821.40 Health premium January 55606 01/13/2011 Adria Corona 22.11 55610 01/13/2011 Advanced Infrastructure 1,841.08 55611 01/13/2011 Anaheim Wheel & Tire 110.00 55612 01/13/2011 Answer One Communications 338.75 55613 01/13/2011 Anthem. Blue Cross EAP 158.40 55615 01/13/2011 Appleone Employment Services 2,617.07 55616 01/13/2011 Aramark 691.07 55618 01/13/2011 AT & T 45.02 55617 01/13/2011 AT & T - Calnet2 3,284.63 55607 01/13/2011 Bank Owned World 2.04 55602 01/13/2011 Barbara Abbey 6-13 55603 01/13/2011 Brian Humphreys 27.51 55605 01/13/2011 Burd Armor 190.81 55623 01/13/2011 C & L Refrigeration Corp. 667.39 55619 01/13/2011 CDW Government, Inc 2,142.32 55620 01/13/2011 Cendian Benefits Services 76.50 55621 01/13/2011 CFSA CA Emergency Services Association 55.00 55622 01/13/2011 Clinical Lab. Of San Bern. 3,075.00 55624 01/13/2011 Coast Surveying, Inc. 2,229.0 55625 01/13/2011 Complete Paperless Solutions 4,780.00 55626 01/13/2011 CPS Human Resource Services 1,111.20 55627 01/13/2011 Dell Marketing L.P. 2,229.'-9 55628 01/13/2011 Delta Wye Electric, Inc. 5,904.00 55629 01/13/2011 Derek Nguyen 2,123.50 55630 01/13/2011 Don Wolf & Associates Inc- 217.84 55631 01/13/2011 Lisel Lnterprises, Inc. 344.52 55632 01/13/2011 Fairway Ford Sales, Inc. 124-90 55633 01/13/2011 Fleet Services, Inc 164.70 55634 01/13/2.011 Fry's Electronics 749.19 55635 01/13/2011 Fuller Truck Accessories 2,209.69 55636 01/33/2011 Gary Melton 417.77 55637 01/13/2011 Grainger 336.18 55638 01/13/2011 Graybar Electric Co 332-16 55639 01/13/2011 Hnaker Fquiprnent Co- 8,935.92 55640 01/13/201.1 Hi fech E: V S, Inc./Crimson Fire 3,4:32.93 55641 01/13/2011 Hi-Tech Security Solutions 17100 55642 01/13/2011 Horne Depot Credit Services 472.39 55504 01/1.3/2011 Ilia Yutuc 87.53 1).5643 01/13/2011 Irrnapes by GM'iller 188.15 55644 01/13/2011 Infosend lm:- 8,441.89 55651 01/13/2011 J & 5 Construction 3,375.00 556457 01/13/2011 Jackson's Auto Supply - Napa 21.74 55646 01/13/2011 John Bogosian 157.15 55647 01/13/2011 John Deere Landscapes 48.81 55648 01/13/2011 Jorge Lopez 130.00 55650 01/13/2011 Joyce Dale Consulting, Inc. 125.00 55652 01/1.3/2011 K8 Design 671.53 55653 01/13/2011 Kenneth R. Vecchiarelli 763.54 55654 01/13/2011 Konica Minolta Business 246.88 55655 01/13/2011 Leighton Consulting, Inc. 4,434.80 55656 01/13/2011 Light Bulbs Etc 566.23 55657 01/13/2011 LPR 48429 55658 01/13/2011 Marina Landscape, Inc 841.47 55659 01/13/2011 Mc Fadden Dale Hardware 1,368.50 55660 01/13/1011 Mc Master-Carr Supply Co. 63032 55661 01/13/2011 Merchants Building Maintenance LLC 5,993.13 55662 01/13/2011 Michael J. Beverage 135.85 55663 01/13/2011 Minuteman Press 1,068.08 55664 01/13/2011 Morton Salt, Inc. 2,493.65 55666 01/13/2011 Municipal Water District 1,107-00 W11311 01/13/2011 Municipal Water District 688,539.17 Water purchase November 55667 01/13/2011 Muzak LLC 68.51 55668 01/13/2011 Nextel Of California 1,844.22 55664 01/13/2011 Nickey Petroleum Co 4,550.18 55670 01/13/2011 Office. Solutions 1,224.42 55671 01/13/2011 Orvac Electronics 5106 55678 01/13/2011 P.T.I. Sand & Gravel, Inc. 932.66 55672 01/1.3/2011 PARMA 410.00 55673 01/13/2011 Pete's Parts & Accessories 353.44 55674 01/13/2011 Phil Hawkins 797.75 55675 01/13/2011 Placentia Disposal 4676 57196 55649 01/13/2011 Pollard Water.com 105.69 55676 01/1:3/2011 Praxair Distribution 257.43 55677 01/13/2011 Prudential Group Insurance 2,964.32 55679 01/13/2011 Quantum Marketing Group 573.10 55680 01/13/2011 Quinn Power Systems Associates 1,262.86 55684 01/13/2011 R J Services, Inc 150.00 55681 01/13/2011 RBF Consulting 30,096.31 Pipeline Rep[ Consult Oct-Nov 55682 01/13/2011 Refrigeration Supplies 283.75 55683 01/13/2011 Ricoh Americas Corporation 1,827.64 55685 01/13/2011 Robert Kiley 123.69 55686 01/13/201:1 Sanders Paving, Inc. 12,94:3.00 55687 01/13/2011 Selman Chevrolet Company 92.93 55688 01/13/2011 Shred It USA Inc 72.25 55689 01/13/2011 Smog Tech 675.00 55601 12/23/2010 Southern Calif Edison Co. 2,737.75 55690 01/13/2011 Southern Calif Edison Co. 29,243.82 Utility charges all sites Dec 55691 01/13/2011 Southern Calif Gas Co. 2,039.04 55692 01/13/2011 Southwest Networks Inc. 67.50 55693 01/13/2011 Stacy Bavol/Petty Cash 285.78 55694 01/13/2011 SNIPIes E3nsiness Advantage 501.72 55695 01/13/2011 Stephen Parker 270.00 55696 01/13/2011 SuburbanPropane 72.95 55,697 01/13/2011 Sunrise Medical Group 221.00 55698 01/13/7011 Tetra Tech, Inc. 3,565.70 55699 01/13/2011 Tirne Warner Cable 297.64 55700 01/13/2011 United Industries 1,238.17 5.5701 01/13/2011 Vericon Wireless 515.43 55702 01/13/2011 Wells Supply Co 5,602-41. 5570/1 01/13/2011 Westin Engineering, Inc. 21,999.46 55703 01/13/2011 Westside Building Material 329-84 55665 01/13/2011 Wonderware West 18,154.34 55705 01 /13/2011 Yorba Linda Country Club 500.00 55707 01/13/2011 Yorba Linda Country Club 1,270-00 55705 01/13/2011 Yorba Linda Hardware 21.71 Total $1,058,208,23 January 13, 2011 CHECK NUMBERS: Manual Check 55601 $ 2,737.75 Computer Checks 55602-55707 $ 271,109.91 $ 273, 847.66 WIRES: W-122710 ACWA-H BA $ 95, 821.40 W-11311 MWDOC $ 688,539.17 $ 784, 360.57 TOTAL OF CHECKS AND WIRES $ 1,058,208.23 PAYROLL NOS. 26 AND 26a: Computer Checks 4752- 4755 Manual Checks 4756- 4765 $ 235,541.91 DISBURSEMENT TOTAL: $ 1,293,750.14 APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF JANUARY 13, 2011 ITEM NO. 7.3 AGENDA REPORT Meeting Date: January 13, 2011 Budgeted: Yes Total Budget: $80,000 To: Board of Directors Cost Estimate: $75,000 Funding Source: Water Capital Reserves From: Ken Vecchiarelli, General Manager Job No: 2010-25 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: Pending Prepared By: Derek Nguyen, Water Quality CEQA Compliance: N/A Engineer Subject: Water Quality Mixer for Hidden Hills Reservoir SUMMARY: Hidden Hills Reservoir has been in operation since July 2010, providing gravity-fed water storage to the 125 homes in the upper Hidden Hills area. The District is currently facing water-quality concerns for this service area because of low water demands. In response, it is recommended that the District proceed with plans to have a mixer installed in each of the two bays of the reservoir. STAFF RECOMMENDATION: That the Board of Directors approve a sole-source Purchase Agreement with Process Solutions, Inc., to provide and install a Tank Shark Reservoir Management System for Hidden Hills Reservoir for a total cost of $72,250. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting on January 6, 2011 and supports staff's recommendation. DISCUSSION: The two-million-gallon capacity Hidden Hills Reservoir provides water storage for the 1390 and 1133 Pressure Zones in the upper Hidden Hills service area. With only 125 homes in these two zones, the water demand is low due to the rains and continued water conservation. These low demands are causing water quality concerns. These concerns and the response to mitigate the situation are described in the attached staff report titled "Hidden Hills Reservoir Storage Criteria and Water Quality Issues Response." The staff report describes the demand conditions that were used in the 2005 Water Master Plan to determine the recommended capacity for Hidden Hills Reservoir, and compares those to the demands in 2008-09, 2009-10, and those at the present time. The Report indicates that with the current demands much lower than those projected in the 2005 calculations, water quality issues, including stagnant water conditions and loss of disinfection residual, would develop. The recommendation of that staff report is that the District move forward with the installation of a water quality mixing system in each of the two bays of the reservoir. Further, it is recommended that the mixing system installed be the same as that installed at the Camino de Bryant Reservoir in February 2010, which is the "Tank Shark" system by Process Solutions, Inc. (PSI). The justification and recommendations for that sole-source selection are presented in the attached Memorandum titled "Proposed Mixer for Hidden Hills Reservoir." Also attached is a copy of the proposal by PSI to provide and install the Tank Shark Water Quality Management System for Hidden Hills Reservoir at a cost of $72,250. ATTACHMENTS: Naw,e: Descrip6,,,n: Type: HH Res Storage and Water Quality Issues Response.pdf HH Res Storage & WQ Issues Backup Material PSI_Tank _Shark _Proposal.pdf PSI Proposal Backup Material Mixer for HH Reservoir.pdf WQ Mixer for Hidden Hills Reservoir Backup Material Approved by the Board of Directors of the Yorba Linda Water District 1/13/2011 PH/GM 5-0 Fm Yorba Linda Water District, STAFF REPORT DATE: December 15, 2010 TO: Ken Vecchiarelli FROM: Steve Conklin SUBJECT: Hidden Hills Reservoir Storage Criteria & Water Quality Issues Response As you know, the District is facing water quality concerns in the 1390 and 1133 Pressure Zones, served by the new two-million gallon (2-MG) capacity Hidden Hills Reservoir. The size of the reservoir was established in the 2005 Water Master Plan (WMP). For these two zones, with only one supply source, the WMP calculated the storage capacity to be Operational Storage of one day's Maximum Day Demand (MDD), plus Fire Flow (per Orange County Fire Authority requirements) for one residential fire (1500 gallons/minute [-pin] for 2 hours), plus Emergency Storage of five day's Average Day Demand (ADD). For these two zones, the WMP calculated the ADD to be 175 -pin and the MDD (1.48xADD) to be 259 -pin. Therefore, the calculated storage capacity is: Op Storage= 1XMDD= 259 gpm x 1440 min/day = 0.37 MG Fire Storage= 1500gpm x 2 hrs = 0.18 Emerg Storage= 5xADD= 5 x 175 gpm x 1440 Thin/day = 1.26 Total = 1.81 MG This was "rounded up" in the WMP to a recommended storage capacity of 2.0 MG for Hidden Hills Reservoir. Note that this "rounding up" added 10% more storage capacity than calculated as necessary (and essentially adds capacity for a second fire). Based on water consumption records for the combined 1390 and 1133 Zones (with a total of 125 single-family residential customers), the ADD for fiscal year's 2008-09 and 2009-10 were 141 gpm and 118 -pm, respectively, compared to 175 gpm used in the WMP. Note that the ADD of 118 -pin for 2009-10 is 33% less than that used in 2005 for calculating the size of the reservoir. If the calculation was based on an ADD of 118 -pin, the reservoir size would be 1.28 MG (based on reduced ADD and MDD and unchanged Fire Storage requirement), about one-third smaller. Further compounding the above, current water demand in the two zones is even less than the ADD of 118 -pin (equivalent to 170,000 gallons/day [gpd]) recorded for FY 2009-10. At this time, due to the season, periodic rain, and continued conservation, current demand is in the range of 120,000 gpd, which is equivalent to a "seasonal" ADD of 83 gpm. This ADD is approximately 47% of the design ADD used in the 2005 WMP to calculate the size of the reservoir. The purpose of these calculations is to show that the 2-MG reservoir appears to have much more capacity than needed under actual operating conditions, which has lead to water quality issues, including stagnant water conditions and loss of disinfection residual. This situation and the current operational response are described in a December 6, 2010 email from John DeCriscio, Chief Plant Operator, titled "Hidden Hills Reservoir Operations." Therein, he notes that, under the current low-demand conditions, the response is to operate the reservoir using only one of the two bays, (each with a capacity of one million gallons) from a high volume of 0.46 MG to a low volume of 0.20 MG, followed by refill approximately every 48 hours. Using this approach, approximately 57% of the 0.46 MG is drawn down every two days in an effort to use the stagnant water in storage, followed by pumped refill with fresher water through Santiago Reservoir. The refill water is blended with that which remains in the reservoir, with the goal of maintaining or improving the quality of the water in storage (based on disinfection residual). Under the above operating mode, with an annual ADD of 118 gpm and a max storage volume of 0.46 MG, calculations show that storage is approximately the sum of Fire Flow storage plus one Max Day, as shown: Fire Flow = 1500 gpm x 2 hrs = 0.18 MG Op Storage = 1.48xADD = 1.48 x 118 gpm = 0.25 Total 0.43 MG This leads to the question: Given the low water demands, the very limited number of users (125 single-family residences), and the isolated, top-of-the-zone location, what is the appropriate storage volume that we should attempt to maintain in Hidden Hills Reservoir? In order to help us make that decision, I suggest two tasks be performed: 1) complete the installation of the "Tank Shark" mixing system with chlorine-residual analyzer in each of the two bays, and 2) monitor the reservoir and its disinfection residual under the above fill-and-draw cycle, with the mixer and analyzer in operation. The current plan is to complete installation of the mixing system and analyzers in January 2011, followed by continuing monitoring. With the chlorine residual analyzers in place, we can continuously track the residual and deterinine if changes in storage volume and operating mode are needed. At that time, if the reduced storage and the mixing system are not solving the problem, we can consider further options, such as expanding the service area and/or adding a disinfection booster station at Hidden Hills Reservoir. 1077 Dell Avenue, Suite A, Campbell, CA 95008 psi Tel: (4078) 370-6540 • Fax: (4078) 866-4560 Email: mail@4psi.net vvww.4psi.net process solutions, inc, C'ontractor's Licenses: Arizona ROC217727. California 877235 November 9, 2010 Proposal No.: P-1230 Subject: Tank Shark Water Quality Management System for Yorba Linda Water District Hidden Hills Reservoir Process Solutions, Inc:. (PSI) is pleased to offer its proprietary Tank Shark Water Quality Management System for deployment at the Hidden Hills Reservoir. The Tank Shark system consists of a multiplicative eductor nozzle capable of driving an upward flaw of reservoir water from the base of the reservoir up to and on top of the warmer stratified layers. The Tank Shark functions to convert the nuzzle flow into an upward swell that thoroughly mixes the entire tank volume. The nozzle also has the unique ability to add a rotational characteristic to the upward swell allowing for even greater dispersal or mixing of the stagnated layers. Additionally, the Tank Shark can be used to generate real time water samples. Specific to the Ilidden Hills Reservoir project we foresee the following scope of work and responsible parties: 1. Process Solutions, Inc. (PSI) to provide two (2) stainless steel Tank Sharks (one for the South Bay and one for the North Bay). Each 30 GPM Tank Shark will have two (2) motive water nozzles angled upwards 45 degrees from the horizontal and opposed 180 degrees from each other. Each Tank Shark will also include chemical nozzles for future: chloramine injection. 2. PST to provide two (2) concrete anchors with stainless steel cables. 3. Owner to provide a diver to move each concrete anchor into place. Once in place, the Tank Sharks will be lowered to the anchors and rest on the bottorn of the reservoir. 4. PSI to provide and install one (1) 60 GPM booster pump to provide motive water to the two (2) Tank Sharks. 5. PSI to bring 240 VAC, 1. phase power to the booster pump. 6. PSI to install two (2) 1 1/2" lines from the booster pump to the access hatch of each bay. Each line will include a flow meter. 7. Owner to tap into existing 16" outlet pipe to provide water flow to the inlet of the booster pump. 8. PSI to install line from the tap to the inlet of the booster primp. 9. PSI to provide and install one (1) total chlorine analyzer enclosed in a stainless steel cabinet. 10. PSI to install a sample line from the discharge of the booster pump to the chlorine; analyzer and a sample return line from the analyzer to the inlet of the booster pump. 11. PSI to provide: trenching and backfill (-254') as well as asphalt cutting; and replacement (-1S')• 12. PSI to install a new 2" PVC communications conduit from the SCA©A panel to the reservoir. 13. PSI to provide and install a float switch and an electrically actuated ball valve in the booster pump vault. When actuated, the float switch will close the ball valve, shutting off flow to the inlet of the booster pump. Additionally, activation of the float switch will terminate power to the booster pump via the booster pump disconnect. 14. PSI to provide and install check valve in motive water line after the booster pump. Process Solutions, Inc. (PSI) will provide the following major system subcomponents: • Two (2) Tank Shark Mixers • One (1) Boaster Pump • Two (2) Flow Meters • One (1) Total Chlorine Analyzer • Installation and Start Up The cost including use tax, freight and performance bond is: Seventy Two Thousand, Two Hundred and Fifty Dollars ($72,250.00) Exclusions- • Diver • Pipe Taps • SCADA Interface ■ Permitting or Regulatory Approval Process Solutions, Inc., 1077 Dell Ave., Suite A, Campbell, CA 95008 • Tel: 448 370 6540 + Fax: 408 $66 4660 Page 2 Warranty; Process Solutions, Inc. (PSI) warrants the parts supplied as part of the Tank Shark systezri to be free from defects in materials and workmanship for a period of three (3) years from the date of shipment or start up if Process Solutions is performing the start up. Acceptance of Proposal by: Tine Date Process Solutions, Inc., 1477 peal Ave., Suite A, Campbell, CA 95008 • Tel: 408 370 6540 • Fax: 408 8615 4660 Page 3 Fm Yorba Linda Water District, MEMORANDUM DATE: December 16, 2010 TO: Ken Vecchiarelli FROM: Steve Conklin SUBJECT: Proposed Mixer for Hidden Hills Reservoir We have been facing water quality issues, including stagnant water conditions and low disinfection residual in Hidden Hills Reservoir and the area served by the reservoir. Addressing this challenge is described in the Staff Report dated December 15. Therein, the recommendations of staff are to 1) proceed with installation of the reservoir mixing system and chlorine residual analyzer in each of the two reservoir bays, and 2) monitor the reservoir and its disinfection residual, operating with the mixing system and the draw-and-fill cycle described in the Staff Report. Regarding the installation of a mixing system, staff considered various alternatives. Our recommendation is to provide the same system we installed in the Camino de Bryant (CdB) Reservoir in February 2010. The system, called "Tank Shark," is working very well at CdB. The system includes a small pump that draws water from and injects it back into the reservoir, resulting in a slow, continuous mix of the water. The mixing eliminates areas where water does not circulate, instead, providing much more uniformity in the age of the water. In addition, the system includes a chlorine analyzer, which makes it possible to continuously monitor the chlorine residual and track any change over time. With the system in place at CdB Reservoir, we have seen improved water quality and are able to respond more effectively to changing conditions. In the process of determining the appropriate mixing system for CdB Reservoir, staff investigated systems in place with other water agencies and talked with suppliers. Based on that information, staff requested bids from three local, experienced suppliers, Process Solutions Inc. (makers of the "Tank Shark"), Severn Trent, and Solar Bee. Process Solutions (PSI) was selected based on lowest price, system features, and references from agencies using the system. The cost of the PSI system was $72,250. In accordance with the District's purchasing policy, because the cost was less than $100,000 and three bids were received, approval was authorized by the General Manager. The PSI system was installed at CdB Reservoir in February 2010 and is working well, as described above. As noted above and further described in the December 15 Staff Report, staff recommends that we move forward with the installation of a mixing system in Hidden Hills Reservoir. Further, staff recommends that we install the same system as we installed in CdB Reservoir. This recommendation is based on the following: • The system installed in CdB is working well • Standardizing our water system with one mixing system makes it easier for Water Operations staff to maintain the units and parts inventory, and simplifies integration with the District's SCADA control system. • We are facing the same water quality issues at Hidden Hills Reservoir, which we believe can be effectively mitigated with the system installed at CdB • For the CdB Reservoir mixing system, we received three competitive bids and selected the system from PSI at $72,250, which was least cost and effectively met our needs. • Based on recent discussions with PSI and receipt of a written quotation, PSI will provide and install the same system for Hidden Hills as provided for CdB at the same price of $72,250. Accordingly, staff recommends that we move forward with ordering and installing the PSI Tank Shark mixing system to mitigate the continuing water quality issues in Hidden Hills Reservoir. ITEM NO. 8.1 AGENDA REPORT Meeting Date: January 13, 2011 Budgeted: Yes To: Board of Directors Funding Source: All Funds From: Ken Vecchiarelli, General Manager Presented By: Ken Vecchiarelli, General Dept: Human Manager Resources/Risk Management Reviewed by Legal: Yes Prepared By: Gina Knight, Human Resources CEQA Compliance: N/A Manager Subject: Employee Agreements for the Period July 1, 2010 through June 30, 2011 SUMMARY: The District's Employees Association Bargaining Unit members accepted the District's offer of a single year agreement for the period of July 1, 2010 through June 30, 2011. Both the District's Supervisory/Confidential and Management employee groups are unrepresented. STAFF RECOMMENDATION: That the Board of Directors adopt: 1. Resolution No. 11-01, the Memorandum of Understanding and Pay Plan with the Yorba Linda Water District's Employees Association; 2. Resolution No. 11-02, the Employee Compensation and Terms of Employment for the Supervisory/Confidential Employees; 3. Resolution No. 11-03, the Employee Compensation and Terms of Employment for Management Employees. All agreements are for the period July 1, 2010 through June 30, 2011. DISCUSSION: From the period of June 22, 2010 through September 21, 2010, staff met and conferred with representatives of the Yorba Linda Water District's Employees Association to negotiate a Memorandum of Understanding (MOU) for FY 2010/2011. On November 17, 2010, the Employees Association held an election to agree to accept the 2009- 2010 MOU with minor changes to the Stand-by language as the new 2010-2011 MOU. The highlights of the 2010/2011 MOU include: 1. One year contract; 2. No Cost of Living Adjustment (COLA); 3. Merit Increases based on job performance; 4. Minor changes to Stand-by language. The District's past practice has been to adopt an Employee Compensation and Terms of Employment agreement with both the Supervisory/Confidential and Management employee groups at the conclusion of the labor negotiations with the YLWD's Employees Association. Both agreements replicate the proposed MOU, with the exception of the Stand-by language, which is not included in both agreements. Resolution Nos. 11-01 and 11-03, and are also attached to this report for the Board of Directors' consideration. PRIOR RELEVANT BOARD ACTION(S): On October 21, 2009, the Board of Directors adopted Resolutions No. 09-19, 09-20, and 09-21 approving the Memorandum of Understanding for Fiscal Year 2009-2010 with the Yorba Linda Water District Employees Association (Resolution No. 09-19), the Employee Compensation and Terms of Employment for Supervisory/Confidential Employees (Resolution No. 09-20) and the Employee Compensation and Terms of Employment for Management Employees (Resolution No. 09-21). ATTACHMENTS: Narne: Description: Type: Resolution 11-01.doc Resolution 11-01 Resolution MOU_2010-2011.pdf MOU Backup Material Resolution 11-02.doc Resolution 11-02 Resolution SC Comp Letter 2010-2011.pdf SC Comp Letter Backup Material Resolution 11-03.doc Resolution 11-03 Resolution Mgmt Comp Letter 2010-2011.pdf Mgmt Comp Letter Backup Material Approved by the Board of Directors of the Yorba Linda Water District 1/13/2011 Resolution No. 11-01 RC/RK 5-0 Roll Call Resolution No. 11-02 RC/GM 5-0 Roll Call Resolution No. 11-03 GM/RK5-0 Roll Call RESOLUTION NO. 11-01 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE MEMORANDUM OF UNDERSTANDING AND PAY PLAN BETWEEN THE DISTRICT AND THE YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION WHEREAS, District Personnel Rule 12 provides for the recognition of employee organizations in order to promote communication between the District, its employees and recognized employee organizations; and WHEREAS, District employees have elected to be represented by the Yorba Linda Water District Employees Association; and WHEREAS, the District has recognized the Yorba Linda Water District Employees Association as the recognized employee organization; and WHEREAS, an agreement between the District and the Yorba Linda Water District Employees Association exists and the details are set forth in the 2010- 2011 Memorandum of Understanding between the District and the Yorba Linda Water District Employees Association. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The General Manager is authorized to execute the Memorandum of Understanding between the Yorba Linda Water District and the Yorba Linda Water District Employees Association for fiscal year 2010-2011 as attached hereto and by this reference incorporated herein including its attachments Exhibits "A" through "D". Section 2. That Resolution 09-19 is hereby rescinded. PASSED AND ADOPTED this 13th day of January 2011, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Michael J. Beverage, President Yorba Linda Water District Resolution No. 11-01 Adopting the MOU and Pay Plan Between the District and the YLWD Employees Association 1 ATTEST: Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman & Behrens Resolution No. 11-01 Adopting the MOU and Pay Plan Between the District and the YLWD Employees Association 2 MEMORANDUM OF UNDERSTANDING 2010-2011 BY AND BETWEEN THE YORBA LINDA WATER DISTRICT AND THE YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION TABLE OF CONTENTS Paqe ARTICLE 1. RECOGNITION .............................................................................4 ARTICLE 2. SALARY SCHEDULE ...................................................................4 Section 2.1 Salary Schedules ..........................................................................4 Section 2.2 Position Reclassification ...............................................................4 Section 2.3 Employee PERS Contribution Rate ...............................................4 Section 2.4 Merit Increases ..............................................................................5 Section 2.5 Acting Appointments .....................................................................6 Section 2.6 Salary Deduction ...........................................................................7 Section 2.7 Probation .......................................................................................7 ARTICLE 3. OVERTIME AND COMPENSATORY TIME OFF ..........................7 Section 3.1 Overtime .......................................................................................7 Section 3.2 Compensatory Time ......................................................................8 ARTICLE 4. STANDBY AND CALL OUT COMPENSATION ............................8 Section 4.1 Standby Compensation .................................................................8 Section 4.2 Call-Out Compensation .................................................................9 ARTICLE 5. INSURANCE ...............................................................................10 Section 5.1 Life Insurance ..............................................................................10 Section 5.2 Health and Accident Insurance ...................................................10 Section 5.3 Dental Insurance .........................................................................11 Section 5.4 Vision Coverage ..........................................................................11 Section 5.5 Domestic Partners .......................................................................11 Section 5.6 Retiree Insurance Benefits ..........................................................12 Section 5.7 Cafeteria Plan .............................................................................13 Section 5.8 Long-Term Disability ...................................................................13 ARTICLE 6. HOURS .......................................................................................13 ARTICLE 7. HOLIDAYS ..................................................................................14 ARTICLE 8. VACATION ..................................................................................16 ARTICLE 9. LEAVES ......................................................................................18 Section 9.1 Sick Leave ..................................................................................18 Section 9.2 Disability Leave ...........................................................................20 Section 9.3 Leave of Absence Without Pay ...................................................20 Section 9.4 Maternity Leave ...........................................................................21 Section 9.5 Jury Duty/Court Testimony ..........................................................22 Section 9.6 Bereavement Leave ....................................................................22 Section 9.7 Emergency Leave Policy .............................................................23 THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 2 351607.1 Y0030-008 TABLE OF CONTENTS Paqe ARTICLE 10. GRIEVANCE PROCEDURE 23 Section 10.1 Purpose .......................................................................................23 Section 10.2 Matters Subject to the Grievance Procedure ..............................23 Section 10.3 Informal Grievance Adjustment ...................................................23 Section 10.4 Formal Grievance Procedure ......................................................24 Section 10.5 General Conditions .....................................................................25 ARTICLE 11. EMPLOYEE DISCIPLINE ...........................................................26 Section 11.1 Forms of Discipline ......................................................................26 Section 11.2 Procedure ...................................................................................26 Section 11.3 Appeal of Disciplinary Action .......................................................27 ARTICLE 12. JOB POSTING ............................................................................29 ARTICLE 13. MISCELLANEOUS BENEFITS ...................................................29 Section 13.1 Safety Boot Allowance ................................................................29 Section 13.2 Reimbursement for Certificates ...................................................30 Section 13.3 Education Reimbursement ..........................................................30 Section 13.4 Uniforms ......................................................................................31 Section 13.5 Job Description ...........................................................................31 ARTICLE 14. DRUG POLICY ...........................................................................31 ARTICLE 15. COMPLETION OF MEET AND CONFER ...................................32 ARTICLE 16. REOPENER ................................................................................32 ARTICLE 17. CONCERTED ACTIVITIES 32 ARTICLE 18. TERM OF AGREEMENT 33 ARTICLE 19. DISTRICT GOVERNING BOARD APPROVAL ...........................33 THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 3 351607.1 Y0030-008 ARTICLE 1. RECOGNITION Pursuant to the provisions of the Government Code and the Rules and Regulations of the District, Yorba Linda Water District (hereinafter called the "District") has recognized the Yorba Linda Water District Employees Association, (hereinafter called the "Association") as the recognized representative of a bargaining unit consisting of the classifications listed in Exhibit "B" (hereinafter sometimes called "unit employees," "employees," "members" or "unit members") to this Memorandum of Understanding (hereinafter "MOU"). ARTICLE 2. SALARY SCHEDULE Section 2.1 Salary Schedules (a) For those employees who are employed as of the date of ratification of this MOU, the salary schedule attached hereto as Exhibit "A" will remain in effect beginning July 1, 2010 through June 30, 2011. The salary schedule reflects that no base salary increase is provided. Section 2.2 Position Reclassification The following positions will be reclassified if and when a water rate increase is adopted by the Board on or after September 14, 2009. (a) Mechanic I to Mechanic II (b) Operations Secretary to Operations Assistant Section 2.3 Employee PERS Contribution Rate During the remaining term of this MOU, the District shall pay the entire 7% of the employee's contribution rate with payments to be credited to the employee's individual account with PERS. The District's current contract as of the date of ratification with THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 4 351607.1 Y0030-008 CalPERS is for a retirement benefit based on the single highest year with a Fourth Level of 1959 Survivor Benefit Program. Section 2.4 Merit Increases Merit Increases Unit employees may be considered for merit salary increases. These merit increases to steps within an established salary range shall not be automatic but may be granted only for continued or sustained improvement by the unit employees in the effective performance of the duties of his/her position as determined within the District's sole discretion. Effective October 1, 2006, the District implemented a nine (9) step salary schedule with a 2.5% salary difference between steps replacing the District's previous five (5) step salary schedule. Subsequent movement on the salary schedule is based on merit as follows: Evaluation Process Each employee will be annually reviewed on a one-year interval following completion of their probationary period. An employee who receives a meets Mob expectations evaluation shall be entitled to move one (1) step and an employee who receives an exceeds Mob expectations evaluation, shall move up two (2) steps. Movement shall take place until an employee has reached Step 9. The District shall endeavor to have performance reviews completed within two (2) weeks after the employee's anniversary date with the effective date of any merit salary increase being on the anniversary date. If the evaluation is delayed beyond the two (2) week period, any subsequent salary increase to which the employee is entitled as a result of the performance review rating, shall be retroactive to the anniversary date. THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 5 351607.1 Y0030-008 Effective December 1, 2006 or soon thereafter as possible, the District will implement a new performance evaluation form. Bargaining unit employee representatives will be invited to participate in any training given to management and supervisory employees in the use of the form. (Until implementation of the new form, the existing performance evaluation form will remain in effect with the understanding that bargaining unit members may be given written goals that will be added to the new performance evaluation which will be used in evaluating future performance.) Section 2.5 Acting Appointments The Personnel Officer may appoint an employee to serve in a position on a temporary "acting appointment" basis. Although the District shall give reasonable consideration to an employee's expression of unwillingness to serve in an acting appointment, such expression shall not be controlling, and the District shall be empowered to make the acting appointment regardless of such expression by the employee. The District decision to appoint an employee to an acting position shall not be subject to administrative or civil challenge. After serving in an acting position for 30 consecutive work days, the employee shall be paid prospectively on the 31St work day at the lowest step in the salary range of the acting position which provides an increase closest to but not less than 5% over the step held by the employee in his/her classification. Eligibility for this "acting" compensation is contingent on the responsible supervisor determining that the employee has satisfactorily served the necessary consecutive work days in the acting position. For example, if an employee serves in an acting position for 29 consecutive work days, is removed, and reappointed 10 work days later for a period of 29 consecutive days, no acting compensation shall be paid. If an employee works for 45 consecutive work days in an acting position, is then removed THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 6 351607.1 Y0030-008 from the acting position and reappointed 10 working days later for 20 work days, no acting pay is earned during the 20 work day period. The employee shall return to his/her original position and salary step at the discretion of the Personnel Officer. The term of an "acting appointment" shall last not longer than one (1) year (365 consecutive calendar days.) Section 2.6 Salary Deduction The District shall maintain a "414(h)(2)" plan under the Internal Revenue Code for the purpose of treating contributions to PERS as deferred income for tax purposes to the extent permitted by law. Contributions will continue to be deducted from the employee's actual gross salary as reflected on the employee's pay stub. Employees shall otherwise be responsible for all taxes related to fringe and reimbursement benefits and the District shall make deductions in accordance with the law. Section 2.7 Probation Effective October 1, 2006, all new hires shall be subject to a twelve (12) month probationary period. An existing employee who is promoted to a new position shall be required to serve a six (6) month promotional probationary period in the promotional position. ARTICLE 3. OVERTIME AND COMPENSATORY TIME OFF Section 3.1 Overtime A unit employee covered by this Memorandum of Understanding who performs authorized work in excess of an eight (8) hour work day, (or in excess of 9 hours for those employees who work a nine-eighty (9/80) schedule,) or a forty (40) hour work week, shall be compensated for such overtime work at the rate of one and one-half times his/her regular hourly rate of pay. Overtime shall be calculated to the nearest THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 7 351607.1 Y0030-008 one-quarter hour of overtime worked. In order to receive overtime compensation, non- emergency overtime must be authorized in advance by the appropriate department manager and approved by the General Manager. Section 3.2 Compensatory Time At the employee's option, overtime may be earned as "compensatory time off" instead of as cash. The maximum amount of compensatory time off which shall be accrued is forty (40) hours. Compensatory time off shall be credited at the rate of 1-1/2 hours of compensatory time off for each hour of overtime worked. At the employee's discretion, the employee may submit a written request to payroll for cash distribution of not greater than twenty (20) hours of accrued compensatory time off during any payroll period. Upon separation from employment, the employee shall be compensated at the then existing regular rate of pay for all accrued compensatory time off. An employee desiring to utilize compensatory time off shall submit a written application to a supervisor authorized to grant the use of the time off, and shall be allowed the time off, in 15 minute increments, unless in the supervisor's sole determination, use of the compensatory time off at the requested date and time, shall result in an undue hardship to the District. ARTICLE 4. STANDBY AND CALL OUT COMPENSATION Section 4.1 Standby Compensation A unit employee assigned to standby duty for purposes of being on call to handle emergency situations arising at times other than normal scheduled working hours, and not as an extension of a regularly scheduled shift, shall be paid a flat fee for each day THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 8 351607.1 Y0030-008 he/she is assigned to standby duty. The flat fee during the term of this MOU shall be Thirty Dollars ($30.00). (It is understood that standby duty for pump operations will be provided by qualified and available employees as assigned by the supervisor and/or operations manager, and that those individuals in Maintenance Worker I and Maintenance Distribution Operator II positions determined qualified by the District shall be eligible for standby duty. Otherwise, standby eligibility will be as existed prior to the date of this Memorandum of Understanding.) The pay for standby time may be accrued to the second payday in December and paid in a lump sum or it may be paid at the regular pay period in which the standby duty is completed. Section 4.2 Call-Out Compensation 1. Call-out compensation shall be as follows: (a) When a unit employee is called out (whether required to travel to a work site or to address an emergency electronically) for emergency situations arising at times other than the employee's normally scheduled working hours, and not as an extension of a regularly scheduled shift, the employee shall be paid time and one-half base rate for each hour worked; provided, however, the employee will be paid a minimum of two hours. However, the employee shall not be entitled to call-out compensation in excess of two (2) hours, where multiple call-outs occur in any one consecutive two (2) hour period following the normally scheduled shift and the cumulative actual call-out work time is not greater than two (2) hours during any one, two (2) hour period of time. If multiple call-outs occur in any one, two (2) hour period of time and the cumulative call-out time worked in that period exceeds two (2) hours, the employee shall receive call-out compensation for the actual cumulative call-out hours THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 9 351607.1 Y0030-008 worked in excess of two (2) hours. Call back compensation for the following two (2) period(s) shall then be computed pursuant to the above rules. ARTICLE 5. INSURANCE Section 5.1 Life Insurance The District shall continue to provide group life insurance, in the amount of one times basic annual salary rounded to the next higher multiple of $1,000, for each full- time permanent unit employee under age 70 after two full calendar months of service, in accordance with the provisions of the contract between the District and any company of the District's choosing providing such coverage. An employee may increase the coverage to up to two (2) times their annual salary by authorizing the additional premium to be deducted from his/her salary. Section 5.2 Health and Accident Insurance The District shall pay 100% of the premium for hospital and medical insurance for all unit employees who work in excess of 30 hours per week, after they have worked for two calendar months, and up to 2/3 of the additional premium toward unit employee dependent coverage for covered employees with one dependent or up to 2/3 of the additional premium toward unit employee dependent coverage for covered employees with more than one dependent in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The individual employee shall pay the cost of the difference in premium, to be deducted from his/her salary. The employees shall have the option of selecting a District-designated Health Maintenance Organization ("HMO"). The District contribution for HMO coverage will be in accordance with this paragraph. THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 10 351607.1 Y0030-008 Section 5.3 Dental Insurance The District shall pay 100% of the premium for dental insurance for all unit employees who work 30 hours or more per week, after they have worked for two calendar months, and 2/3 of the additional premium toward unit employee dependent coverage for covered employees with one dependent or 2/3 of the additional premium toward unit employee dependent coverage for covered employees with more than one dependent in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The individual employee shall pay the cost of the difference in premium, to be deducted from his/her salary. The employees shall have the option of selecting "Delta Care" with the contribution for "Delta Care" to be in accordance with this paragraph. Section 5.4 Vision Coverage The District shall pay 100% of the premium, toward the premium for vision insurance for unit members who work more than 30 hours per week, after they have worked for two calendar months, and 2/3 of the additional premium toward dependent coverage for covered employees with one dependent, or 2/3 of the additional premium toward dependent coverage for covered employees with more than one dependent, in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The individual employee shall pay the cost of the difference in premium, to be deducted from his/her salary. Section 5.5 Domestic Partners Effective October 1, 2006, "dependent" shall include a domestic partner for whom a California State Registration Certificate is provided. THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 11 351607.1 Y0030-008 Section 5.6 Retiree Insurance Benefits Subject to carrier approval, the District shall pay the amounts provided in Sections 5.2, 5.3 and 5.4 of this Agreement for any employee who retires from the District for a period of time which is equivalent to one (1) year or pro-ration thereof on a monthly basis for each three (3) years of service to the District or pro-ration thereof on a quarterly basis. To be eligible for this benefit, the employee must be at least 50 years of age, must have five (5) years of service with the District, must provide ninety (90) days notice of intent to retire, must remain in a retired status, and must retire from the District during the term of this Agreement while in good standing (did not retire after being provided written notice that disciplinary investigation/proceedings were pending which in the sole judgment of the District are reasonably anticipated to result in a recommendation of dismissal from employment or which have resulted in a determination by the District to impose dismissal. If a dismissal is appealed and results in a final administrative decision, (and where appealable, a court determination) reinstating the employee, the withheld benefit shall be retroactively implemented to the date of dismissal.) If any benefit period remains when the employee or his/her spouse reaches ages 65, whichever is latest, the coverage shall end and convert to Medicare Supplement for the remainder of the benefit period. For purposes of this Agreement, retired status means that the employee shall not work for compensation for more than nine hundred sixty (960) hours in any fiscal year (July 1 through June 30). The District shall require an employee to certify under penalty of perjury that the employee has remained on retired status and/or to submit to such additional verification as the District deems necessary to demonstrate retired status. The retired employee must make any contribution required of a regular employee pursuant to Section 5.2, 5.3 or 5.4 prior to THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 12 351607.1 Y0030-008 the first day of the month in which coverage is to be extended. Failure of an employee to make such payment shall result in termination of coverage and termination of any right to any benefit pursuant to this section. Section 5.7 Cafeteria Plan To the extent lawful, the District shall extend its current plan under Section 125 of the Internal Revenue Code to cover unit employees. Section 5.8 Long-Term Disability The District shall provide a long-term disability plan for employees which has a 90-day elimination period and provides at least sixty percent (60%) of salary for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. ARTICLE 6. HOURS 1. The regular work week for all full-time unit employees covered by this MOU shall be forty (40) hours as scheduled by department heads. It is expressly understood the department manager may schedule maintenance and plant operation shifts which include evening, weekend and holiday work. (Specifically, the department manager may create crews consisting of two individuals, one from either a Sr. Maintenance Distribution Operator or Maintenance Distribution Operator III, and the other from a Maintenance Distribution Operator II or Maintenance Worker I position assigned to an on-duty maintenance shift available for emergency situations and other maintenance assignments which may be required to work Saturdays or Sundays. Volunteers for such crews shall first be solicited. In the event that there are insufficient volunteers, all maintenance employees shall be assigned to such crews on a three (3) month rotating basis. Employees may work out trades, provided that the trade is THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 13 351607.1 Y0030-008 completed within the same work week and one (1) day notice is given to the Supervisor. Plant operators shall be assigned in accordance with past practice.) For all unit employees with an average regular work week of forty (40) hours, the hourly rate of pay shall be twelve times the monthly rate divided by 2,080 (40 hours times 52 weeks). An employee may request a part-time assignment which shall be granted at the sole discretion of the General Manager or his/her designee. The District, at its sole discretion, may offer a nine-eighty (9/80) work schedule. 2. Those unit employees covered by this Memorandum of Understanding whose regularly scheduled forty (40) hour work week or special shift work week includes working hours after 6:00 P.M. and/or before 6:00 A.M. Monday through Friday, and/or any hours on Saturday and/or Sunday and/or holidays, shall be paid a differential equal to their regular hourly rate plus five percent (5%) for each hour worked after 6:00 P.M. and/or before 6:00 A.M. Monday through Friday, and/or all hours worked on Saturday and/or Sunday and/or holidays. ARTICLE 7. HOLIDAYS 1. Holidays for full-time unit employees covered by this Memorandum of Understanding (with the exception of employees assigned to special shift work for pumping plant operations and on-duty maintenance available for emergency situations) as set forth in Exhibit "C". 2. Holiday pay will be based on the work hours scheduled for the designated holiday. (a) For those unit employees whose scheduled work week is Monday through Friday, a holiday falling on a Saturday shall be taken on Friday and any holiday THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 14 351607.1 Y0030-008 falling on Sunday shall be taken on Monday, unless another day is designated by the General Manager. (b) For those unit employees not assigned to special shift work whose scheduled work week is not Monday through Friday, any holiday falling on their scheduled days off shall be taken so as to provide the employee with three consecutive days off, unless another day is designated by the General Manager. (For example; for a Sunday to Thursday work week, if a holiday falls on Friday or Saturday, the employee takes Thursday as a holiday; or, for a Tuesday to Saturday work week, if a holiday falls on Saturday or Sunday, the employee takes Tuesday as a holiday.) 3. Unit employees assigned to special shift work shall be entitled to receive one day of paid time off (an in-lieu holiday) on a day designated or approved by the District at the regular rate of pay for each holiday whether or not the holiday falls on a regularly scheduled workday for that employee, so long as the pumping plant is manned and/or a maintenance crew is on duty at work for emergency situations during the holiday period. 4. If unit employees, other than employees assigned to special shift work, are required to work on a holiday, they shall receive, in addition to the paid holiday, compensation equivalent to one and one-half (1-1/2) times their regular rate of pay for the time actually worked during a regularly scheduled holiday. 5. In order to be eligible for holiday pay, a unit employee must be either at work or on paid leave of absence on the regularly scheduled workday immediately preceding the day observed as the holiday and the regularly scheduled workday immediately following the day observed as the holiday. THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 15 351607.1 Y0030-008 ARTICLE 8. VACATION 1. Unit employees covered by this Memorandum of Understanding shall receive annual vacation with pay in accordance with the following provisions: (a) Full-time unit employees with an average regular work week of 40 hours shall accrue paid vacation at the following rate per month: 0 but less than 5 yrs. Service 6-2/3 hrs/mo (10 days/yr) 5 but less than 15 yrs. Service 10 hrs/mo (15 days/yr) 15 or more years service 13-1 /3 hrs/mo (20 days/yr) (b) Part-time unit employees shall accrue paid vacation in proportion to the average or normal hours worked as a part-time employee. 2. For vacation accrual, the last day of the month shall be considered the ending of the accrual period and all accruals for the preceding month or fraction of a month thereof shall be credited to the employee at this time; provided, however, that the date for determining a change in the accrual rate provided in paragraph 9.1(a) shall be the first day of the month on which the employee was hired by the District. 3. Paid vacation hours shall continue to accrue in accordance with the above provisions during any period of leave with pay. 4. All vacations shall be scheduled and taken in accordance with the best interest of the District and the department in which the employee is employed. 5. The maximum amount of vacation that may be taken at any given time shall be that amount that has accrued to the employee concerned. The minimum amount of vacation that may be taken at any given time shall be fifteen (15) minutes. 6. A unit employee shall be eligible to take any accrued vacation after completion of thirteen (13) pay periods during their original twelve (12) month probationary period. THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 16 351607.1 Y0030-008 7. Each unit employee shall have vacation time deducted in fifteen (15) minute increments. 8. The maximum vacation that may be accrued shall not be more than one and one-half (1-1/2) times the amount that may be accrued in one year of service. If the employee has accrued the maximum amount of hours of vacation, no additional hours shall be accrued, nor shall the cash equivalent of what would have been excess hours, be earned by the employee. However, where in the sole discretion of the General Manager it is determined that requirements of the District are the sole reason for an employee being unable to timely schedule and utilize vacation time off, said employee may be provided authorization to accrue additional vacation time in an amount determined in the sole discretion of the General Manager. 9. Upon termination, a unit employee shall be compensated in cash at his/her current rate of pay for any vacation accrued but not taken. 10. In the event that any recognized holiday occurs during a unit employee's vacation, the vacation account shall not be debited for the holiday hours. The only vacation hours that shall be charged against the employee's accrued vacation time shall be those hours that the employee is regularly scheduled to work. 11. For the term of this MOU only, unit members who have been employed by the District for more than one year may sell to the District up to forty (40) hours of accrued unused vacation time upon thirty (30) days prior notice, provided that a minimum of one-half (1/2) the vacation time to which he/she is entitled within the same annual period of the sold vacation time remains in the employee's vacation account after the cash distribution. A member who has been employed by the District for more than one year may also buy from the District up to an additional forty (40) hours of THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 17 351607.1 Y0030-008 vacation time within any calendar year for use during the same calendar year, provided that full and complete payment has been made for the purchased vacation time by salary modification prior to use of the vacation time. It is expressly understood that this benefit is provided at the sole discretion of the District and shall automatically terminate upon the expiration of this MOU unless an extension is expressly agreed to by the District. ARTICLE 9. LEAVES Section 9.1 Sick Leave 1. Sick leave is provided for use if the employee is unable to work because of illness, and as otherwise allowed by law. 2. A unit employee eligible for paid sick leave shall be granted such leave for the following reasons: (a) Physical incapacity of the employee due to illness or injury. (b) Enforced quarantine of the employee in accordance with community health regulations. (c) Illness of a member of the employee's immediate family (child, parent, spouse or domestic partner) which requires the attendance of the employee (sick leave usage shall not exceed one half (1/2) of a year's accrual of sick leave.) (d) Routine medical or dental appointments for the employee only or illness of an emergency nature within the employee's immediate family. In order to receive sick pay for the routine medical or dental appointments, the employee must notify his immediate supervisor twenty-four (24) hours in advance; otherwise, sick leave will be denied. Sick leave for routine medical or dental leave is for the length of the THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 18 351607.1 Y0030-008 appointment only and for reasonable travel time to and from the appointment and the work site. 3. In the event that a unit employee is absent on paid sick leave in excess of one (1) day, or if the District has cause to believe that an employee is misusing sick leave, the District may require that the employee submit a written statement by a physician licensed by the State of California certifying that the employee's or the employee's family member's condition prevented him/her from performing the duties of his/her position. 4. Unit employees shall accrue annual sick leave with pay in accordance with the following provisions: (a) Full-time unit employees with an average regular work week of forty (40) hours shall receive paid sick leave at the rate of one (1) day per month. (b) Part-time unit employees shall receive sick pay in proportion to the average or normal hours worked as a part-time, employee (e.g., an employee whose regular work week is twenty (20) hours shall receive one-half (1/2) day sick leave per month). (c) Paid sick leave shall continue to accrue in accordance with the above provisions during any period of leave with pay. 5. Each unit employee may use sick leave in fifteen (15) minute increments. An employee with a regular workday of eight (8) hours shall have eight (8) hours deducted from his/her accrued sick leave time for each regularly scheduled working day that he/she is on paid sick leave. 6. In the event that any paid holiday occurs during a period when a unit employee is on paid sick leave, the employee's sick leave account shall not be debited THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 19 351607.1 Y0030-008 for what would otherwise be a holiday usage. The only sick leave hours that shall be charged against the employee's accrued sick leave shall be those hours that the employee is regularly scheduled to work. 7. A unit employee who retires (in accordance with the Public Employees' Retirement System qualifications) shall be paid at the rate of his final salary for 3/8 of his/her accumulated days of sick leave, if any, at the time of separation from active employment. If the employee should die, his/her estate shall be entitled to such payment. Section 9.2 Disability Leave 1. In situations where a unit employee has been injured in a non-duty accident and his/her disability leave exceeds one calendar month or the total use of his/her accumulated leaves, including sick leave, paid time off and vacation exceeds one calendar month, that portion of the leave exceeding 30 calendar days, shall constitute a break in service and his/her merit review dates and anniversary date will be adjusted accordingly. 2. An injured employee may elect to take as much of his/her accumulated sick leave, or his/her accumulated vacation as when added to his/her disability indemnity will result in a payment to him/her of not more than his/her full salary or wage. Section 9.3 Leave of Absence Without Pay 1. Department managers may grant a regular or probationary unit employee leave of absence without pay for a period not to exceed two (2) weeks. Such leaves shall be reported to the Personnel Officer in the manner and method which he/she shall prescribe. THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 20 351607.1 Y0030-008 2. The General Manager may grant a permanent or probationary unit employee leave of absence without pay or seniority for a period not to exceed six (6) months. After six (6) months, the leave of absence may be extended if authorized by the Board of Directors. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. Approval shall be in writing from the General Manager or his/her designee and entirely within his/her discretion. 3. In situations where a unit employee shall request leave without pay for a period in excess of one (1) calendar month, he/she shall submit to the District any and all actual premiums for any and all insurance coverage. If the employee chooses not to submit any or all of these premiums, his/her coverage shall be terminated within the limits prescribed by the benefit carriers and will be reinstated within the limits prescribed by the benefit carrier at the time of his/her reinstatement by the District. 4. Upon expiration of a regularly approved leave or within twenty-four (24) hours notice to return to duty, the unit employee shall be reinstated in the position held at the time the leave was granted. Failure on the part of a unit employee on leave to report promptly at its expiration, or within forty-eight (48) hours after notice to return to duty shall be cause for immediate discharge. The depositing in the United States mail of a first-class postage-paid letter addressed to the unit employee's last known place of residence shall be reasonable notice. Section 9.4 Maternity Leave Maternity leave with or without pay shall follow the same procedures as leave granted for other disabilities provided, however, that an employee who has exhausted all accrued sick leave, compensatory time and vacation time shall be entitled to an unpaid leave of absence for a total of four (4) months leave when combined with sick THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 21 351607.1 Y0030-008 leave, vacation and compensatory time, provided that the employee furnishes to District a physician's verification of inability to work. Each request for maternity leave must be accompanied by a statement from a licensed physician verifying the pregnancy, the last day the unit member may work, and the expected date of return to work. In no case will the expectant mother be allowed to work beyond the date specified by her physician, and notification must be given to the District thirty (30) days prior to the last scheduled date of work. Section 9.5 Jury Duty/Court Testimony A full-time unit employee required to serve as a trial juror shall be entitled to be absent from his/her duties during the period of such service. During these periods of service, the employee shall receive full compensation from the District for a period not to exceed 10 working days for each period of jury duty. If court records indicate that the employee advised the court of this 10 working day limit, and the employees is nonetheless selected for a jury where the jury duty exceeds 10 working days, the excess days shall be paid by the District. if witness fees or juror fees, except mileage reimbursement, are submitted to the District. Section 9.6 Bereavement Leave Upon the death of a member of an employee's immediate family, an employee shall be entitled to use up to three (3) days of District-paid bereavement leave for attendance at funeral services and conduct of business associated with the deceased. Immediate family shall include spouse, child, brother, sister, parent, parent-in-law, grandparent, grandchild, son-in-law, daughter-in-law, stepparent, stepbrother, stepsister, stepchild, a state registered domestic partner or any other relative living in the same household. The General Manager, at his/her sole discretion, may allow the THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 22 351607.1 Y0030-008 employee to use up to an additional four (4) days of sick leave for this purpose or use of such leave for bereavement of non-immediate family members. Section 9.7 Emergency Leave Policy The emergency leave policy is attached hereto as Exhibit "D." ARTICLE 10. GRIEVANCE PROCEDURE Section 10.1 Purpose The purpose of this section is to enhance communications between the District and unit employees by providing a fair and impartial review and consideration of grievances at the level closest to their point of origin within a reasonable time period without jeopardizing the employee's position or employment. Section 10.2 Matters Subiect to the Grievance Procedure 1. A grievance may be filed for the alleged violation of this Memorandum of Understanding. 2. The grievance procedure shall not be used to establish new policies or change any existing rules. It shall not be used in matters resulting from any form of disciplinary action or evaluation content. Section 10.3 Informal Grievance Adjustment 1. Whenever possible, a unit employee who has a complaint shall try to solve the problem through informal discussion with his/her supervisor not later than 10 working days after the aggrieved employee knew or reasonably should have known of the basis for commencing the grievance procedure. The supervisor shall make whatever investigation he/she deems necessary and reply in writing within ten (10) working days. Any matters for which he/she does not have authority to make a decision THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 23 351607.1 Y0030-008 shall be brought to the attention of a higher level supervisor who does have the proper authority. 2. If the unit employee is not satisfied with the decision reached through the informal discussion, and/or some other extenuating circumstances exist, he/she shall in writing bring the matter to the attention of the next level of authority not later than ten (10) working days after receipt of the informal decision. The higher level supervisor shall make whatever investigation he/she deems necessary and reply in writing not later than ten (10) working days after receipt of the written grievance. If the employee is still not satisfied with the decision, he/she may file a formal grievance within ten (10) working days of receipt of the higher level supervisor's written decision. Section 10.4 Formal Grievance Procedure 1. The formal grievance procedure may be followed only after failure to resolve a problem through informal grievance adjustment. If the unit employee is not in agreement with the informal written decision reached, he/she may, within ten (10) working days of the receipt of the higher level supervisor's written decision, file a formal grievance in writing with the Personnel Officer with a copy to the General Manager. The Personnel Officer shall make whatever investigation he/she deems necessary to allow fair consideration of the situation and shall present a written reply to the employee within ten working days after receipt of the written grievance. A copy of the reply shall be forwarded to the General Manager. 2. If the unit employee is not satisfied with the decision of the Personnel Officer, he/she may file a written appeal to the General Manager within five (5) working days after having received the written reply of the Personnel Officer. Within ten (10) working days of receipt of the written appeal, the General Manager shall make a written THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 24 351607.1 Y0030-008 decision which shall be final and binding on all parties. The General Manager may conduct whatever investigation and/or meeting(s) which he/she deems appropriate. Section 10.5 General Conditions 1. The Personnel Officer shall receive and retain copies of all written materials pertaining to the grievance. 2. A unit employee may represent himself/herself or at his/her own expense, select whomever he/she desires to represent him/her in the grievance procedure. 3. If a unit employee fails to proceed with a grievance within any of the time limits specified in the section, the grievance shall be deemed denied with no further basis for appeal. 4. If a District supervisor/manager below the level of the General Manager fails to reply within any of the time limits specified in this section, the grievance shall be deemed denied. The time limits for appeal of a denied grievance shall commence running either upon receipt by the grievant of a timely written grievance rejection, or absent such rejection, at the end of the supervisory reply period, where no written rejection has been provided. 5. Any of the time limits specified in this section may be extended when mutually agreed upon by all parties concerned. 6. Either the grievant, or the Personnel Officer or General Manager, may request a meeting to review the grievance prior to a decision. 7. When it is necessary for a grievant or designated representative to attend a grievance meeting or hearing with management during the work day, he/she will be released without loss of pay in order to permit participation in the foregoing activities provided advance arrangements are made with the employee's department head. THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 25 351607.1 Y0030-008 ARTICLE 11. EMPLOYEE DISCIPLINE Section 11.1 Forms of Discipline The employment of every unit employee who has passed probation shall be subject to suspension, demotion or dismissal for cause. Section 11.2 Procedure 1. When a unit employee who has passed probation is to be dismissed, demoted or suspended without pay, specific written charges shall be prepared and presented by the employee's department manager for action by the Personnel Officer. 2. The Personnel Officer shall provide such a unit employee with written notice of the proposed action, the date it will be effective, the charge(s) on which the proposal is based, and relevant written materials, written reports and documents, and notification that the employee is entitled to respond to the charges as provided below. Prior to the effective date of the proposed action, such a unit employee shall have the right to file with the Personnel Officer a written response to the charges or request the right to make an oral response. The Personnel Officer may act upon the initial written or oral presentation of the employee or may request that the employee submit a further response in writing, or permit the employee a further oral presentation. Failure of the employee to make a written response or request an oral presentation shall constitute waiver of this pre-disciplinary provision. At his/her own expense, the employee shall be entitled to be represented by counsel or other person of his/her choosing during the course of the above proceedings. 3. The Personnel Officer shall provide written notice of his/her final determination to such a unit employee. The decision of the Personnel Officer shall be immediately implemented. THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 26 351607.1 Y0030-008 Section 11.3 Appeal of Disciplinary Action 1. When disciplinary action has been taken by the Personnel Officer pursuant to Section 11.2 the employee shall have the right to appeal. Appeal shall not suspend the effective date of the discipline. Failure to timely appeal by the employee or his/her representative will make the action by the Personnel Officer final and conclusive. 2. Subject to paragraph 11.3.1, such a unit employee who has been disciplined, within fifteen (15) calendar days after having been furnished with a copy of the final notice of action by the Personnel Officer may appeal to the Board of Directors by filing with the General Manager a written answer to the charges and requesting a hearing thereon. 3. In the case of suspensions of less than ten (10) working days, the Board of Directors may appoint two (2) of its members to informally hear and make recommendations concerning the appeal. No written transcript of proceedings shall be required, but any documents submitted by either side shall be included with the report of the two (2) members. The report of the two (2) members shall be submitted to the full Board and shall include a summary of the facts supporting their recommendation that the discipline be sustained, modified, or rejected. The determination of the full Board shall be final. (a) In the case of a disciplinary action other than set forth in paragraph 11.3.3, the Board of Directors shall appoint a hearing officer to conduct a hearing on appeal of any disciplinary action. (b) The hearing shall be conducted in the manner most conducive to determination of the truth, and the hearing officer shall not be bound by technical rules of evidence. THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 27 351607.1 Y0030-008 (c) The hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. The hearing officer shall base his/her findings on the preponderance of evidence. (d) Each side will be permitted an opening statement and closing argument. The Personnel Officer or his/her representative shall first present his/her witnesses and evidence to sustain the charges and the unit employee will then present his/her witnesses and evidence in defense. (e) Each side will be allowed to examine and cross-examine witnesses. (f) Both the Personnel Officer and the unit employee may be represented by legal counsel. The unit employee may retain counsel or other representative, at his/her own expense. (g) The hearing officer shall, if requested by either party, subpoena witnesses and/or require production of other relevant records or relevant evidence. (h) The hearing officer may, prior to or during a hearing, grant a continuance for any reason he/she believes to be important to his/her reaching a fair and proper decision. (i) The hearing officer shall prepare a recommended decision and forward it to the Board of Directors no later than thirty (30) days after the matter of appeal was taken under submission by the hearing officer. The recommended decision shall set forth which charges, if any, the hearing officer feels are sustained and the reasons therefore. (j) Such an employee or his/she representative may obtain a copy of the transcript of the hearing upon request and agreement to pay for necessary costs. THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 28 351607.1 Y0030-008 4. After receiving the recommendation of the committee of the two (2) members or the hearing officer, and after consideration of the record only, the Board of Directors may sustain or reject any or all of the charges filed against the unit employee. If the Board of Directors modifies the discipline, the Board shall, consistent with its decision, order all or part of the employee's full compensation from the time of dismissal or suspension to be paid. 5. Such a unit employee who has been suspended or dismissed may be reinstated to his/her position as a result of a successful appeal. In the event of such reinstatement, the employee shall be entitled to his/her former status of employment. 6. Dismissal of a unit employee from the District service following the pre- disciplinary meeting at the Personnel Officer level, shall: (a) Constitute a dismissal as of the same date from all positions which the unit employee may hold in the District service. (b) Terminate the salary of the unit employee as of the effective date of his/her dismissal except that he/she shall be compensated for any unpaid salary, unused vacation, compensatory time off, and "alternative time" to his/her credit as of the date of dismissal. ARTICLE 12. JOB POSTING All openings for employment positions in the District shall be posted for at least two (2) weeks prior to the deadline for submission of applications. ARTICLE 13. MISCELLANEOUS BENEFITS Section 13.1 Safety Boot Allowance Unit employees including those assigned to Engineering who are required to wear work boots in the performance of their job, as determined by the Department THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 29 351607.1 Y0030-008 Manager, shall be eligible for District-purchased boots in an amount not to exceed $150.00, provided that the boots are from a list pre-approved by the General Manager or his/her designee. The difference between $150.00 and the amount actually used may be carried over for one year and combined with a subsequent allocation for boot reimbursement. Section 13.2 Reimbursement for Certificates The District shall reimburse unit employees for sums paid to the appropriate state agencies for obtaining or renewing of production or distribution certificates. Section 13.3 Education Reimbursement The District shall provide educational reimbursement to unit employees for costs of tuition, fees, books and parking relating to educational courses taken and completed at accredited institutions at a rate not to exceed standard resident fees as charged by the California State University. Course work must be job related as determined and approved in advance by the General Manager. Proof of payment and successful completion of the course must accompany the reimbursement request on a form provided by the District. (If a licensing agency requires a minimum grade, that grade shall be the measure of "successful" course completion.) Employee shall be responsible for any tax consequences as a result of education reimbursement. If for any reason, the employee separates from District employment prior to completion of one (1) calendar year from the date of distribution by the District of funds provided for herein, all such amounts distributed during that one (1) calendar year period, shall be considered a judgment due and owing to the District. The judgment amount shall be deducted from the employee's closing check. Any remaining, non- reimbursed amount shall be paid to the District within ninety (90) calendar days of THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 30 351607.1 Y0030-008 separation from District employment. Each employee receiving funds pursuant to this Section shall sign a written agreement to comply with the terms of this section as a condition precedent to receipt of any such funds. Section 13.4 Uniforms The field uniforms provided to employees may include District-issued shorts and T-shirts which may only be worn in accordance with District established safety guidelines. Section 13.5 Job Description The Association hereby agrees to the implementation of the job descriptions presented as of the date of ratification of this Agreement. ARTICLE 14. DRUG POLICY In addition to any other District adopted drug policy, effective January 1, 1996, the Yorba Linda Water District must comply with the United States Department of Transportation regulations implementing the Federal Omnibus Transportation Employee Testing Act of 1991. Specifically, the District must comply with the regulations of the Federal Highway Administration (FHWA). Adoption of a policy is one of the District's obligations under the regulations, and it is the intent of the District to comply fully with both the letter and spirit of this law, as well as to continue to administer the District's Drug Free Workplace policy, adopted in 1993. Specific procedures for administering all policies described in this Article 14 and in the Department of Transportation regulations are subject to the Personnel Rule reopener in Article 16. When completed, each employee will be given a copy of these procedures and sign a statement attesting to having received and read them. Compliance with this policy is a condition of employment. THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 31 351607.1 Y0030-008 ARTICLE 15. COMPLETION OF MEET AND CONFER It is understood that this MOU represents the sole and complete understanding between the parties and shall govern their entire relationship and shall be the sole source of any rights which may be asserted hereunder and that the parties shall not be obligated to meet and confer except pursuant to their mutual consent, or with respect to any subject or matter, specifically provided for by this MOU. The parties further understand that all rights not clearly and expressly limited by this MOU are expressly reserved to the District as evidenced by the EERR, even though not enumerated in this MOU. The express provisions of this MOU constitute the only limitations upon the District's rights to determine, implement, supplement, change, modify, or discontinue in whole or in part any term or condition of employment or adopt any policy, rule, regulation or practice as the District deems fit or appropriate (herein described as "management rights",) provided however, that the District shall meet and confer as regards the impact of its exercise of "management rights," and shall comply with all federal and state laws relating to employee rights, opportunities and benefits. ARTICLE 16. REOPENER Not later than October 28, 2009, the parties agree to reopen the meet and confer process regarding the subject of the District Personnel Rules and Regulations and the Drug Policy. This reopener does not limit other reopeners that may be allowed pursuant to Article 15, above. ARTICLE 17. CONCERTED ACTIVITIES 1. Apart from and in addition to existing legal restrictions upon remedies for work stoppages, the Association hereby agrees that neither it nor its members, agents, representatives or persons acting in concert with any of them, shall incite, engage or THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 32 351607.1 Y0030-008 participate in any strike, walkout, slowdown, sick-out or other work stoppage of any nature against the District whatsoever or wheresoever located, including, but not limited to disputes which are related to the subject matter contained in this MOU; disputes between the District and any other organization, persons or employees; or jurisdictional disputes. In the event of any strike, walkout, slowdown, sick-out or other work stoppage or threat thereof against the District, the Association and its officers will take all steps reasonably within their control to end or avert the same. 2. Those represented by the Association shall not authorize, engage in, encourage, sanction, recognize or assist in any strike, walkout, sick-out or other work stoppage or picket in furtherance thereof, or participate in concerted interference in violation of this provision or refuse to perform duly assigned services in violation of this provision. It is understood that any person represented by the Association found in violation of this provision will be subject to discipline, including termination, as determined appropriate by the District. ARTICLE 18. TERM OF AGREEMENT This agreement shall remain in force for the period of July 1, 2010 through June 30, 2011 by resolution of the governing board of the District. ARTICLE 19. DISTRICT GOVERNING BOARD APPROVAL It is the understanding of the District and the Association that this MOU shall have no force or effect whatsoever unless or until adopted by resolution of the governing board of the District. Following approval of the governing board, the District shall implement the terms of this MOU by appropriate resolution or other means. THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 33 351607.1 Y0030-008 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month and year noted. YORBA LINDA WATER DISTRICT YORBA LINDA WATER DISTRICT EMPLOYEE'S ASSOCIATION By: By: John Brundahl , President Ken Vecchiarelli, General Manager By. Date Brian Vargas, Vice President By: Jennifer Hill, Director By: Ariel Bacani, Director By: Jimmy De Anda, Director By: Eduardo Gutierrez, Secretary By: Zane Woller, Treasurer THE YLWD EMPLOYEES ASSOCIATION MOU 2010/2011 34 351607.1 Y0030-008 EXHIBIT B YORBA LINDA WATER DISTRICT BARGAINING UNIT EMPLOYEES ASSOCIATION SALARY RANGES AND AUTHORIZED CLASSIFICATIONS 12-09-2010 CLASSIFICATION TITLE SALARY RANGES Accounting Assistant I BU17 Accounting Assistant II BU21 Construction Inspector BU24 Customer Service Representative I BU15 Customer Service Representative II BU17 Customer Service Representative I I I BU19 Engineering Secretary BU17 Engineering Technician I BU20 Engineering Technician II BU24 Facilities Maintenance BU21 GIS Administrator BU26 GIS Technician BU24 Information Systems Technician BU22 Information Systems Technician II/Programmer BU24 Instrumentation Technician BU25 Maintenance Distribution Operator II BU20 Maintenance Distribution Operator III BU23 Maintenance Worker I BU17 Mechanic I BU17 Mechanic II BU21 Mechanic III BU23 Meter Reader I BU16 Meter Reader II BU18 Meter Services Lead BU23 Operations Assistant BU19 Plant Operator I BU17 Plant Operator II BU23 Project Engineer BU26 Sr. Fleet Mechanic BU26 Sr. Maintenance Distribution Operator BU26 Sr. Plant Operator BU26 Storekeeper BU19 Water Quality Technician I BU20 Water Quality Technician II BU22 350831.1 Y0030-008 Exhibit "A" Pay Plan Bargaining Unit Employees Effective July 1st, 2010 thru June 30, 2011 Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 BU 10 Monthly $2,413.5475 $2,473.8862 $2,535.7333 $2,599.1267 $2,664.1048 $2,730.7075 $2,798.9752 $2,868.9495 $2,940.6733 Hourly $13.9243 $14.2724 $14.6292 $14.9950 $15.3698 $15.7541 $16.1479 $16.5516 $16.9654 BU 11 Monthly $2,534.2249 $2,597.5805 $2,662.5200 $2,729.0830 $2,797.3101 $2,867.2428 $2,938.9239 $3,012.3970 $3,087.7069 Hourly $14.6205 $14.9860 $15.3607 $15.7447 $16.1383 $16.5418 $16.9553 $17.3792 $17.8137 BU 12 Monthly $2,660.9361 $2,727.4595 $2,795.6460 $2,865.5372 $2,937.1756 $3,010.6050 $3,085.8701 $3,163.0169 $3,242.0923 Hourly $15.3516 $15.7353 $16.1287 $16.5319 $16.9452 $17.3689 $17.8031 $18.2482 $18.7044 BU 13 Monthly $2,793.9829 $2,863.8325 $2,935.4283 $3,008.8140 $3,084.0344 $3,161.1352 $3,240.1636 $3,321.1677 $3,404.1969 Hourly $16.1191 $16.5221 $16.9352 $17.3585 $17.7925 $18.2373 $18.6933 $19.1606 $19.6396 BU 14 Monthly $2,933.6821 $3,007.0241 $3,082.1997 $3,159.2547 $3,238.2361 $3,319.1920 $3,402.1718 $3,487.2261 $3,574.4067 Hourly $16.9251 $17.3482 $17.7819 $18.2265 718.6821 $19.1492 $19.6279 $20.1186 $20.6216 BU 15 Monthly $3,080.3662 $3,157.3753 $3,236.3097 $3,317.2175 $3,400.1479 $3,485.1516 $3,572.2804 $3,661.5874 $3,753.1271 Hourly $17.7713 $18.2156 $18.6710 $19.1378 $19.6162 $20.1066 $20.6093 $21.1245 $21.6527 BU 16 Monthly $3,234.3845 $3,315.2441 $3,398.1252 $3,483.0783 $3,570.1553 $3,659.4092 $3,750.8944 $3,844.6668 $3,940.7834 Hourly $18.6599 $19.1264 $19.6046 $20.0947 $20.5970 $21.1120 $21.6398 $22.1808 $22.7353 BU 17 Monthly $3,396.1037 $3,481.0063 $3,568.0315 $3,657.2322 $3,748.6631 $3,842.3796 $3,938.4391 $4,036.9001 $4,137.8226 Hourly $19.5929 $20.0827 $20.5848 $21.0994 $21.6269 $22.1676 $22.7218 $23.2898 $23.8721 BU 18 Monthly $3,565.9089 $3,655.0566 $3,746.4330 $3,840.0939 $3,936.0962 $4,034.4986 $4,135.3611 $4,238.7451 $4,344.7137 Hourly $20.5726 $21.0869 $21.6140 $22.1544 $22.7082 $23.2760 $23.8579 $24.4543 $25.0657 (Page 2 of 2) Exhibit A Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 BU 19 Monthly $3,744.2043 $3,837.8094 $3,933.7547 $4,032.0985 $4,132.9010 $4,236.2235 $4,342.1291 $4,450.6824 $4,561.9494 Hourly $21.6012 $22.1412 $22.6947 $23.2621 $23.8437 $24.4398 $25.0507 $25.6770 $26.3189 BU 20 Monthly $3,931.4146 $4,029.6999 $4,130.4424 $4,233.7035 $4,339.5461 $4,448.0347 $4,559.2356 $4,673.2165 $4,790.0469 Hourly $22.6812 $23.2483 $23.8295 $24.4252 $25.0358 $25.6617 $26.3033 $26.9609 $27.6349 BU 21 Monthly $4,127.9853 $4,231.1849 $4,336.9645 $4,445.3887 $4,556.5234 $4,670.4365 $4,787.1974 $4,906.8773 $5,029.5492 Hourly $23.8153 $24.4107 $25.0209 $25.6465 $26.2876 $26.9448 $27.6184 $28.3089 $29.0166 BU 22 Monthly $4,334.3845 $4,442.7442 $4,553.8128 $4,667.6581 $4,784.3495 $4,903.9583 $5,026.5572 $5,152.2212 $5,281.0267 Hourly $25.0061 $25.6312 $26.2720 $26.9288 $27.6020 $28.2921 $28.9994 $29.7244 $30.4675 BU 23 Monthly $4,551.1038 $4,664.8814 $4,781.5034 $4,901.0410 $5,023.5670 $5,149.1562 $5,277.8851 $5,409.8322 $5,545.0780 Hourly $26.2564 $26.9128 $27.5856 $28.2752 $28.9821 $29.7067 $30.4493 $31.2106 $31.9908 BU 24 Monthly $4,778.6590 $4,898.1254 $5,020.5786 $5,146.0930 $5,274.7454 $5,406.6140 $5,541.7793 $5,680.3238 $5,822.3319 Hourly $27.5692 $28.2584 $28.9649 $29.6890 $30.4312 $31.1920 $31.9718 $32.7711 $33.5904 BU 25 Monthly $5,017.5919 $5,143.0317 $5,271.6075 $5,403.3977 $5,538.4826 $5,676.9447 $5,818.8683 $5,964.3400 $6,113.4485 Hourly $28.9476 $29.6713 $30.4131 $31.1734 $31.9528 $32.7516 $33.5704 $34.4097 $35.2699 BU 26 Monthly $5,268.4715 $5,400.1833 $5,535.1879 $5,673.5676 $5,815.4068 $5,960.7919 $6,109.8117 $6,262.5570 $6,419.1209 Hourly $30.3950 $31.1549 $31.9338 $32.7321 $33.5504 $34.3892 $35.2489 $36.1301 $37.0334 BU 27 Monthly $5,531.8951 $5,670.1925 $5,811.9473 $5,957.2460 $6,106.1771 $6,258.8315 $6,415.3023 $6,575.6849 $6,740.0770 Hourly $31.9148 $32.7126 $33.5305 $34.3687 $35.2279 $36.1086 $37.0114 $37.9366 $38.8851 * In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated @ 2.5% between each step and 5.0% between each range. EXHIBIT C 1. Independence Day 2. Labor Day 3. Veterans Day 4. Thanksgiving 5. Day after Thanksgiving 6. Christmas Eve 7. Christmas Day 8. New Years Day 9. Presidents Day 10. Memorial Day 11. Employee Chosen Floater 350310.1 Y0030-008 RESOLUTION NO. 11-02 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE EMPLOYEE COMPENSATION LETTER AND PAY PLAN FOR SUPERVISORY AND CONFIDENTIAL EMPLOYEES WHEREAS, the Yorba Linda Water District's Supervisory and Confidential employees exist as a group separate from the Yorba Linda Water District Employees Association; and WHEREAS, the last Supervisory and Confidential employees compensation letter was adopted on October 21, 2009; and WHEREAS, the Employee Compensation Letter and Pay Plan with the Supervisory and Confidential employees for fiscal year 2009-2010 expired on June 30, 2010; and WHEREAS, the Board of Directors desires to review the Supervisory and Confidential Compensation Letter and adjust the Pay Plan for the Supervisory and Confidential employees for fiscal year 2010-2011. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The General Manager is authorized to execute the Supervisory and Confidential Employee Compensation Letter for fiscal year 2010-2011 as attached hereto and by this reference incorporated as Exhibit "A". Section 2. The Pay Plan, Salary Ranges and Authorized Classifications and Holiday Schedule for Supervisory and Confidential Employees are approved and adopted as attached hereto and by this reference incorporated herein as Exhibits "B" through "D". Section 3. That Resolution 09-20 is hereby rescinded. PASSED AND ADOPTED this 13th day of January 2011, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Michael J. Beverage, President Yorba Linda Water District Resolution No. 11-02 Adopting Employee Compensation Letter and Pay Plan for Supervisory and Confidential Employees 1 ATTEST: Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman & Behrens Resolution No. 11-02 Adopting Employee Compensation Letter and Pay Plan for Supervisory and Confidential Employees 2 Exhibit A Resolution No. 11-02 Employee Compensation Letter And Pay Plan for Supervisory and Confidential Employees Fiscal years: 2010-2011 1. The General Manager shall prepare an Employee Compensation Letter for consideration by the Board of Directors. The Employee Compensation Letter shall describe the salaries, benefits and special conditions offered by the District to its Supervisory and Confidential employee group (Exhibit B). II. The District shall maintain the salary schedule attached hereto as Exhibit C for the period July 1, 2010 through June 30, 2011. III. The District's current contract with CalPERS is for a retirement benefit based on the single highest year with a Fourth Level of 1959 Survivor Benefit Program. IV. The District shall continue to pay the entire portion of the employee's contribution rate of CALPERS. All payments will be credited to the employee's individual account with CalPERS. V. The District shall continue to maintain a "414(h)(2)" plan under the Internal Revenue Code for the purpose of treating contributions to CalPERS as deferred income for tax purposes to the extent permitted by law. Contributions will continue to be deducted from the employee's actual gross salary as reflected on the employee's pay stub. Employees shall otherwise be responsible for all taxes related to fringe and reimbursement benefits and the District shall make deductions in accordance with the law. VI. Each employee will be annually reviewed on a one-year interval following completion of their probationary period. An employee who receives a meets job expectations evaluation will be entitled to move one (1) step and an employee who receives an exceeds job expectations evaluation, shall be allowed to move up to two (2) step. Movement shall take place until an employee has reached Step 9. The District shall endeavor to have performance reviews completed within two (2) weeks after the employee's anniversary date with the effective date of any merit salary increase being on the anniversary date. If the evaluation is delayed, any subsequent salary increase to which the employee could otherwise be entitled shall be retroactive to the anniversary date. VII. All new hires shall be subject to a twelve (12) month probationary period. An existing employee who has been promoted to a new position will be required to serve a six (6) month promotional probationary period on the new position. Supervisory and Confidential Compensation Letter 2010/2011 VIII. The District shall continue to provide group life insurance in the amount of one times basic annual salary rounded to the next higher multiple of $1,000, for each full-time regular Supervisory and Confidential Employee under age 70 on the first day of the month following their date of hire, in accordance with the provisions of the contract between the District and any company of the District's choosing providing such coverage. Supervisory and Confidential Employees may increase the coverage to up to five time's annual salary not to exceed $300,000 by authorizing the additional premium to be deducted from his/her salary. IX. The District shall pay 100% of the premium for hospital and medical insurance for all Supervisory and Confidential Employees who work in excess of 30 hours per week, after they have worked for two calendar months, and up to 2/3 of the additional premium toward Supervisory and Confidential Employee dependent coverage for covered employees with one dependent or up to 2/3 of the additional premium toward Supervisory and Confidential Employee dependent coverage for covered Supervisory and Confidential Employees with more than one dependent in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Supervisory and Confidential Employee shall pay the cost of the difference in premium, to be deducted from his/her salary. Supervisory and Confidential Employees shall have the option of selecting a District-designated Health Maintenance Organization ("HMO"). The District contribution for HMO coverage will be in accordance with this paragraph. X. The District shall pay 100% of the premium for dental insurance for all Supervisory and Confidential Employees who work 30 hours or more per week, after they have worked for two calendar months, and up to 2/3 of the additional premium toward Supervisory and Confidential Employee dependent coverage for covered Supervisory and Confidential Employees with one dependent or up to 2/3 of the additional premium toward Supervisory and Confidential Employee dependent coverage for covered Supervisory and Confidential Employees with more than one dependent in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The individual Supervisory and Confidential Employees shall pay the cost of the difference in premium, to be deducted from his/her salary. Supervisory and Confidential Employees shall have the option of selecting "Delta Care" with the contribution for "Delta Care" to be in accordance with this paragraph. XI. District shall pay 100% of the premium, toward the premium for vision insurance for Supervisory and Confidential members who work more than 30 hours per week, on the first day of the month following their date of hire; and up to 2/3 of the additional premium toward dependent coverage for covered Supervisory and Confidential Employees with one dependent, or up to 2/3 of the additional premium toward dependent coverage for covered Supervisory and Confidential Employees with more than one dependent, in accordance with the provisions of any contract between the Supervisory and Confidential Compensation Letter 2010/2011 District and any company or companies of the District's choosing. The individual Supervisory and Confidential Employee shall pay the cost of the difference in premium, to be deducted from his/her salary. XII. Subject to carrier approval, the District shall pay the amounts provided in the paragraphs X, XI and XII of this Agreement for any Supervisory and Confidential Employee who retires from the District for a period of time which is equivalent to one (1) year or pro-ration thereof on a monthly basis for each three (3) years of service to the District or pro-ration thereof on a quarterly basis. To be eligible for this benefit, the employee must be at least 50 years of age, must have five (5) years of service with the District, must retire from the District after the date of this Agreement while in good standing and upon ninety (90) days written notice, and must remain in retired status. If any benefit period remains when the Supervisory and Confidential Employee or his/her spouse reaches ages 65, whichever is latest, and then coverage will convert to Medicare Supplement for the remainder of the benefit period. For purposes of this Agreement, retired status means that the Supervisory and Confidential Employee shall not work for compensation for more than nine hundred sixty (960) hours in any fiscal year (July 1 through June 30). The District may require a Supervisory and Confidential Employee to certify under penalty of perjury that the Supervisory and Confidential Employee has remained on retired status and/or submit to such additional verification, as the District deems necessary to demonstrate retired status. The retired Supervisory and Confidential Employee must make any contribution required of a regular Supervisory and Confidential Employee pursuant to paragraph X, XI and XII prior to the first day of the month in which coverage is to be extended. Failure of a Supervisory and Confidential Employee to make such payment shall result in termination of coverage and termination of any right to any benefit pursuant to this section. A Supervisory and Confidential Employee who retires (in accordance with the Public Employees' Retirement System qualifications) shall be paid at the rate of their final salary for 3/8 of his/her accumulated days of sick leave, if any, at the time of separation from active employment. If the Supervisory and Confidential Employee should die, his/her estate shall be entitled to such payment. XIII. To the extent possible, the District shall extend its current plan under Section 125 of the Internal Revenue Code to cover Supervisory and Confidential Employees. XIV. The District shall provide a long-term disability plan for Supervisory and Confidential Employees which has a 90-day elimination period and provides at least sixty percent (60%) of salary for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. XV. In situations where a Supervisory and Confidential Employee has been injured in a non-duty accident and his/her disability leave exceeds one calendar month or the total of his/her accumulated leaves, including sick leave, paid time off and vacation, that portion of the leave exceeding 30 Supervisory and Confidential Compensation Letter 2010/2011 days or the total of accumulated leaves, whichever is more, shall constitute a break in service and his/her merit review dates and anniversary date will be adjusted accordingly. XVI. The District will pay up to a total of $2,000 annually to establish and administer a tax-advantaged flexible benefit plan, and a total of $5,000 annually to establish a tax advantaged dependent care plan. Plans will conform to the requirements of Section 125 of the Internal Revenue Code, and permits Supervisory and Confidential Employees to convert their share of insurance premiums, un-reimbursed medical expenses, child care and other qualifying expenditures to pretax dollars. Savings to the District through reductions to the payroll and worker's compensation tax base will accrue to the District and offset the costs of establishing and administering this program. XVII. The District shall reimburse Supervisory and Confidential Employees for sums paid to the appropriate agencies for obtaining, or renewing, treatment and/or distribution certificates, and other professional certifications, registrations and job related training. XVIII. Supervisory and Confidential Employees who are required to wear safety boots in the performance of their job, as determined by the General Manager, shall be eligible for District-purchased boots in an amount not to exceed $150.00, provided that the boots are from a list pre-approved by the General Manager or his/her designee. The difference between $150.00 and the amount actually used may be carried over for one year and combined with a subsequent allocation for boot reimbursement. XIX. The District shall provide educational reimbursement to Supervisory and Confidential Employees for costs of tuition, fees, books and parking relating to educational courses taken and completed at accredited institutions at a rate not to exceed standard resident fees as charged by the California State University. Course work must be job related as determined and approved in advance by the General Manager. Proof of payment and successful completion of the course must accompany the reimbursement request on a form provided by the District. Supervisory and Confidential Employee shall be responsible for any tax consequences as a result of education reimbursement. If for any reason, the employee separates from District employment prior to completion of one (1) calendar year from the date of distribution by the District of funds provided for herein, all such amounts distributed during that one (1) calendar year period, shall be considered a judgment due and owing to the District. The judgment amount shall be deducted from the employee's closing check. Any remaining, non-reimbursed amount shall be paid to the District within ninety (90) calendar days of separation from District employment. Each employee receiving funds pursuant to this section shall sign a written agreement to comply with the terms of this section as a condition precedent to receipt of any such funds. Supervisory and Confidential Compensation Letter 2010/2011 XX. Supervisory and Confidential Employees who have been employed by the District for more than one year may sell to the District up to forty (40) hours of accrued unused vacation time upon thirty (30) days prior notice, provided that the Supervisory and Confidential Employee takes a minimum of one-half the vacation time to which he/she is entitled within the same annual period of the sold vacation time. A member who has been employed by the District for more than one year may also buy from the District up to an additional forty (40) hours of vacation time within any calendar year for use during the same calendar year, provided that full and complete payment has been made for the purchased vacation time by salary modification prior to use of the vacation time. It is expressly understood that this benefit is provided at the sole discretion of the District and shall automatically terminate upon the expiration of this Supervisory and Confidential letter unless an extension is expressly agreed to by the District. XXI. The District shall pay for nine hours of holiday pay for any holiday occurring on a day in which a Supervisory and Confidential Employee would normally work a 9-hour day. If a Supervisory and Confidential Employee regularly works an 8 hour day, the District shall pay for eight hours of holiday pay. The Holiday schedule attached hereto as Exhibit D shall be in effect for full-time Supervisory and Confidential employees covered by this Supervisory and Confidential letter. Holiday pay will be based on the work hours scheduled for the designated holiday. In order to be eligible for Holiday pay, a Supervisory and Confidential Employee must be either at work or on paid leave of absence on the regularly scheduled workday immediately preceding the day observed as the holiday and the regularly scheduled workday immediately following the day observed as the holiday. The term of this Compensation Letter for Supervisory and Confidential Employees is for the period of July 1, 2010 to June 30, 2011. Kenneth R. Vecchiarelli Date General Manager Supervisory and Confidential Compensation Letter 2010/2011 EXHIBIT B YORBA LINDA WATER DISTRICT SUPERVISORY AND CONFIDENTIAL EMPLOYEES SALARY RANGES AND AUTHORIZED CLASSIFICATIONS 12-09-2010 CLASSIFICATION TITLE SALARY RANGES FLSA Assistant Administrator I SC25 EXEMPT Chief Plant Operator SC31 EXEMPT Customer Service Supervisor SC27 EXEMPT Executive Secretary SC25 NON-EX Human Resources Analyst SC25 EXEMPT Information Systems Administrator SC30 EXEMPT Management Analyst SC28 EXEMPT Personnel Technician SC23 NON-EX Public Information Officer SC30 EXEMPT SCADA Administrator SC30 EXEMPT Sr. Accountant SC25 EXEMPT Sr. Construction Inspector SC26 NON-EX Sr. Project Manager SC34 EXEMPT Water Maintenance Superintendent SC30 EXEMPT Water Quality Engineer SC29 EXEMPT Exhibit "C" Pay Plan Supervisory & Confidential Employees Effective July 1st, 2010 thru June 30, 2011 Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 SC 21 Monthly $4,127.9853 $4,231.1849 $4,336.9645 $4,445.3887 $4,556.5234 $4,670.4365 $4,787.1974 $4,906.8773 $5,029.5492 Hourly $23.8153 $24.4107 $25.0209 $25.6465 $26.2876 $26.9448 $27.6184 $28.3089 $29.0166 SC 22 Monthly $4,334.3845 $4,442.7442 $4,553.8128 $4,667.6581 $4,784.3495 $4,903.9583 $5,026.5572 $5,152.2212 $5,281.0267 Hourly $25.0061 $25.6312 $26.2720 $26.9288 $27.6020 $28.2921 $28.9994 $29.7244 $30.4675 SC 23 Monthly $4,551.1038 $4,664.8814 $4,781.5034 $4,901.0410 $5,023.5670 $5,149.1562 $5,277.8851 $5,409.8322 $5,545.0780 Hourly $26.2564 $26.9128 $27.5856 $28.2752 $28.9821 $29.7067 $30.4493 $31.2106 $31.9908 SC 24 Monthly $4,778.6590 $4,898.1254 $5,020.5786 $5,146.0930 $5,274.7454 $5,406.6140 $5,541.7793 $5,680.3238 $5,822.3319 Hourly $27.5692 $28.2584 $28.9649 $29.6890 $30.4312 $31.1920 $31.9718 $32.7711 $33.5904 SC 25 Monthly $5,017.5919 $5,143.0317 $5,271.6075 $5,403.3977 $5,538.4826 $5,676.9447 $5,818.8683 $5,964.3400 $6,113.4485 Hourly $28.9476 $29.6713 $30.4131 $31.1734 $31.9528 $32.7516 $33.5704 $34.4097 $35.2699 SC 26 Monthly $5,268.4715 $5,400.1833 $5,535.1879 $5,673.5676 $5,815.4068 $5,960.7919 $6,109.8117 $6,262.5570 $6,419.1209 Hourly $30.3950 $31.1549 $31.9338 $32.7321 $33.5504 $34.3892 $35.2489 $36.1301 $37.0334 SC 27 Monthly $5,531.8951 $5,670.1925 $5,811.9473 $5,957.2460 $6,106.1771 $6,258.8315 $6,415.3023 $6,575.6849 $6,740.0770 Hourly $31.9148 $32.7126 $33.5305 $34.3687 $35.2279 $36.1086 $37.0114 $37.9366 $38.8851 SC 28 Monthly $5,808.4898 $5,953.7021 $6,102.5446 $6,255.1082 $6,411.4860 $6,571.7731 $6,736.0674 $6,904.4691 $7,077.0808 Hourly $33.5105 $34.3483 $35.2070 $36.0872 $36.9893 $37.9141 $38.8619 $39.8335 $40.8293 29 Monthly $6,098.9143 $6,251.3872 $6,407.6719 $6,567.8637 $6,732.0603 $6,900.3618 $7,072.8708 $7,249.6926 $7,430.9349 Hourly 35.1860 $36.0677'---73-6.96131 37.8915 38.8388 39.8098 40.8050 41.8251 42.8708 (Page 2 of 2) Exhibit C Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 SC 30 Monthly $6,403.8600 $6,563.9565 $6,728.0555 $6,896.2568 $7,068.6633 $7,245.3798 $7,426.5143 $7,612.1772 $7,802.4816 Hourly $36.9453 $37.8690 $38.8157 $39.7861 $40.7807 $41.8003 $42.8453 $43.9164 $45.0143 SC 31 Monthly $6,724.0530 $6,892.1544 $7,064.4582 $7,241.0697 $7,422.0964 $7,607.6488 $7,797.8401 $7,992.7861 $8,192.6057 Hourly $38.7926 $39.7624 $40.7565 $41.7754 $42.8198 $43.8903 $44.9875 $46.1122 $47.2650 SC 32 Monthly $7,060.2557 $7,236.7621 $7,417.6811 $7,603.1232 $7,793.2012 $7,988.0313 $8,187.7321 $8,392.4254 $8,602.2360 Hourly $40.7322 $41.7506 $42.7943 $43.8642 $44.9608 $46.0848 $47.2369 $48.4178 $49.6283 SC 33 Monthly $7,413.2685 $7,598.6002 $7,788.5652 $7,983.2793 $8,182.8613 $8,387.4328 $8,597.1187 $8,812.0466 $9,032.3478 Hourly $42.7689 $43.8381 $44.9340 $46.0574 $47.2088 $48.3890 $49.5988 $50.8387 $52.1097 SC 34 Monthly $7,783.9319 $7,978.5302 $8,177.9935 $8,382.4433 $8,592.0044 $8,806.8045 $9,026.9746 $9,252.6490 $9,483.9652 Hourly $44.9073 $46.0300 $47.1807 $48.3602 $49.5693 $50.8085 $52.0787 $53.3807 $54.7152 SC 35 Monthly $8,173.1285 $8,377.4567 $8,586.8931 $8,801.5655 $9,021.6046 $9,247.1447 $9,478.3233 $9,715.2814 $9,958.1634 Hourly $47.1527 $48.3315 $49.5398 $50.7783 $52.0477 $53.3489 $54.6826 $56.0497 $57.4509 SC 36 Monthly $8,581.7849 $8,796.3295 $9,016.2378 $9,241.6437 $9,472.6848 $9,709.5019 $9,952.2395 $10,201.0455 $10,456.0716 Hourly $49.5103 $50.7481 $52.0168 $53.3172 $54.6501 $56.0164 $57.4168 $58.8522 $60.3235 SC 37 Monthly $9,010.8742 $9,236.1460 $9,467.0497 $9,703.7259 $9,946.3191 $10,194.9770 $10,449.8515 $10,711.0978 $10,978.8752 Hourly $51.9858 $53.2855 $54.6176 $55.9830 $57.3826 $58.8172 $60.2876 $61.7948 $63.3397 * In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated @ 2.5% between each step and 5.0% between each range. EXHIBIT D 1. Independence Day 2. Labor Day 3. Veterans Day 4. Thanksgiving 5. Day after Thanksgiving 6. Christmas Eve 7. Christmas Day 8. New Years Day 9. Presidents Day 10. Memorial Day 11. Employee Chosen Floater 350310.1 Y0030-008 RESOLUTION NO. 11-03 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE EMPLOYEE COMPENSATION LETTER AND PAY PLAN FOR MANAGEMENT EMPLOYEES WHEREAS, the Yorba Linda Water District's Management employees exist as a group separate from the Yorba Linda Water District Employees Association; and WHEREAS, the last Management employees compensation letter was adopted on October 21, 2009; and WHEREAS, the Employee Compensation Letter and Pay Plan with the Management employees for fiscal year 2009-2010 expired on June 30, 2010. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The General Manager is authorized to execute the Management Employee Compensation Letter for fiscal year 2010-2011 as attached hereto and by this reference incorporated as Exhibit "A". Section 2. The Pay Plan, Salary Ranges and Authorized Classifications and Holiday Schedule for Management Employees are approved and adopted as attached hereto and by this reference incorporated herein as Exhibits "B" through "D". Section 3. That Resolution 09-21 is hereby rescinded. PASSED AND ADOPTED this 13th day of January 2011, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Michael J. Beverage, President Yorba Linda Water District Resolution No. 11-03 Adopting Employee Compensation Letter and Pay Plan for Management Employees 1 ATTEST: Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman & Behrens Resolution No. 11-03 Adopting Employee Compensation Letter and Pay Plan for Management Employees 2 Exhibit A Resolution No. 11-03 Employee Compensation Letter And Pay Plan for Management Employees Fiscal years: 2010-2011 1. The General Manager shall prepare an Employee Compensation Letter for consideration by the Board of Directors. The Employee Compensation Letter shall describe the salaries, benefits and special conditions offered by the District to its Management employee group (Exhibit B). II. The District shall maintain the salary schedule attached hereto as Exhibit C for the period July 1, 2010 through June 30, 2011. III. The District's current contract with CalPERS is for a retirement benefit based on the single highest year with a Fourth Level of 1959 Survivor Benefit Program. IV. The District shall continue to pay the entire portion of the employee's contribution rate. All payments will be credited to the employee's individual account with PERS. V. The District shall continue to maintain a "414(h)(2)" plan under the Internal Revenue Code for the purpose of treating contributions to PERS as deferred income for tax purposes to the extent permitted by law. Contributions will continue to be deducted from the employee's actual gross salary as reflected on the employee's pay stub. Employees shall otherwise be responsible for all taxes related to fringe and reimbursement benefits and the District shall make deductions in accordance with the law. VI. Each employee will be annually reviewed on a one-year interval following completion of their probationary period. An employee who receives a meets job expectations evaluation will be entitled to move one (1) step and an employee who receives an exceeds job expectations evaluation, shall be allowed to move up to two (2) steps. Movement shall take place until an employee has reached Step 9. The District shall endeavor to have performance reviews completed within two (2) weeks after the employee's anniversary date with the effective date of any merit salary increase being on the anniversary date. If the evaluation is delayed, any subsequent salary increase to which the employee could otherwise be entitled shall be retroactive to the anniversary date. VII. All new hires shall be subject to a twelve (12) month probationary period. An existing employee who has been promoted to a new position will be required to serve a six (6) month promotional probationary period in the new position. VIII. The District shall continue to provide group life insurance in the amount of one times basic annual salary rounded to the next higher multiple of $1,000, for each full-time regular Management Employee under age 70, on Management Compensation Letter 2010/2011 the first day of the month following their date of hire, in accordance with the provisions of the contract between the District and any company of the District's choosing providing such coverage. Management Employees may increase the coverage up to five time's annual salary not to exceed $300,000 by authorizing the additional premium to be deducted from his/her salary. IX. The District shall pay 100% of the premium for hospital and medical insurance for all Management employees who work in excess of 30 hours per week, after they have worked for two calendar months, and up to 2/3 of the additional premium toward Management employee dependent coverage for covered employees with one dependent or up to 2/3 of the additional premium toward Management Employee dependent coverage for covered Management employees with more than one dependent in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Management employee shall pay the cost of the difference in premium, to be deducted from his/her salary. The Management employees shall have the option of selecting a District-designated Health Maintenance Organization ("HMO"). The District contribution for HMO coverage will be in accordance with this paragraph. X. The District shall pay 100% of the premium for dental insurance for all Management employees who work 30 hours or more per week, after they have worked for two calendar months, and up to 2/3 of the additional premium toward Management employee dependent coverage for covered Management employees with one dependent or up to 2/3 of the additional premium toward Management Employee dependent coverage for covered Management Employees with more than one dependent in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The individual Management employees shall pay the cost of the difference in premium, to be deducted from his/her salary. The Management employees shall have the option of selecting "Delta Care" with the contribution for "Delta Care" to be in accordance with this paragraph. XI. District shall pay 100% of the premium for vision insurance for Management employees who work more than 30 hours per week, on the first day of the month following their date of hire and up to 2/3 of the additional premium toward dependent coverage for covered Management Employees with one dependent, or up to 2/3 of the additional premium toward dependent coverage for covered Management Employees with more than one dependent, in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The individual Management Employee shall pay the cost of the difference in premium, to be deducted from his/her salary. XII. Subject to carrier approval, the District shall pay the amounts provided in the paragraphs IX, X and XI of this agreement for any Management Employee who retires from the District for a period of time which is Management Compensation Letter 2010/2011 equivalent to one (1) year or pro-ration thereof on a monthly basis for each three (3) years of service to the District or pro-ration thereof on a quarterly basis. To be eligible for this benefit, the employee must be at least 50 years of age, must have five (5) years of service with the District, must provide ninety (90) days notice of intent to retire must remain in a retired status and must retire from the District in good standing. If any benefit period remains when the Management Employee or his/her spouse reaches ages 65, whichever is latest, and then coverage will convert to Medicare Supplement for the remainder of the benefit period. For purposes of this Agreement, retired status means that the Management Employee shall not work for compensation for more than nine hundred sixty (960) hours in any fiscal year (July 1 through June 30). The District shall require a Management Employee to certify under penalty of perjury that the Management Employee has remained on retired status and/or to submit to such additional verification, as the District deems necessary to demonstrate retired status. The retired Management Employee must make any contribution required of a regular Management Employee pursuant to paragraph IX, X and XI prior to the first day of the month in which coverage is to be extended. Failure of a Management Employee to make such payment shall result in termination of coverage and termination of any right to any benefit pursuant to this section. A Management Employee who retires (in accordance with the Public Employees' Retirement System qualifications) shall be paid at the rate of his final salary for 3/8 of his/her accumulated days of sick leave, if any, at the time of separation from active employment. If the Management Employee should die, his/her estate shall be entitled to such payment. XIII. To the extent possible, the District shall extend its current plan under Section 125 of the Internal Revenue Code to cover Management Employees. XIV. The District shall provide a long-term disability plan for Management Employees which has a 90-day elimination period and provides at least sixty percent (60%) of salary for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. XV. In situations where a Management Employee has been injured in a non- duty accident and his/her disability leave exceeds one calendar month or the total of his/her accumulated leaves, including sick leave, paid time off and vacation, that portion of the leave exceeding 30 days or the total of accumulated leaves, whichever is more, shall constitute a break in service and his/her merit review dates and anniversary date will be adjusted accordingly. XVI. The District will pay up to a total of $2,000 annually to establish and administer a tax-advantaged flexible benefit plan, and a total of $5,000 annually to establish a tax advantaged dependent care plan. Plans will conform to the requirements of Section 125 of the Internal Revenue Code, and permits Management Employees to convert their share of insurance Management Compensation Letter 2010/2011 premiums, un-reimbursed medical expenses, child care and other qualifying expenditures to pretax dollars. Savings to the District through reductions to the payroll and worker's compensation tax base will accrue to the District and offset the costs of establishing and administering this program. XVII. The District shall reimburse Management Employees for sums paid to the appropriate agencies for obtaining, or renewing, treatment and/or distribution certificates, and other professional certifications, registrations and job related training. XVIII. Management Employees who are required to wear safety boots in the performance of their job, as determined by the General Manager, shall be eligible for District-purchased boots in an amount not to exceed $150.00, provided that the boots are from a list pre-approved by the General Manager or his/her designee. The difference between $150.00 and the amount actually used may be carried over for one year and combined with a subsequent allocation for boot reimbursement. XIX. The District shall provide educational reimbursement to Management Employees for costs of tuition, fees, books and parking relating to educational courses taken and completed at accredited institutions at a rate not to exceed standard resident fees as charged by the California State University. Course work must be job related as determined and approved in advance by the General Manager. Proof of payment and successful completion of the course must accompany the reimbursement request on a form provided by the District. Management Employee shall be responsible for any tax consequences as a result of education reimbursement. If for any reason, the employee separates from District employment prior to completion of one (1) calendar year from the date of distribution by the District of funds provided for herein, all such amounts distributed during that one (1) calendar year period, shall be considered a judgment due and owing to the District. The judgment amount shall be deducted from the employee's closing check. Any remaining, non- reimbursed amount shall be paid to the District within ninety (90) calendar days of separation from District employment. Each employee receiving funds pursuant to this section shall sign a written agreement to comply with the terms of this section as a condition precedent to receipt of any such funds. XX. Management Employees who have been employed by the District for more than one year may sell to the District up to forty (40) hours of accrued unused vacation time upon thirty (30) days prior notice, provided that the Management Employee takes a minimum of one-half the vacation time to which he/she is entitled within the same annual period of the sold vacation time. A member who has been employed by the District for more than one year may also buy from the District up to an additional forty (40) hours of vacation time within any calendar year for use during the same calendar year, provided that full and complete payment has been made for the purchased vacation time by salary modification prior to use of the vacation Management Compensation Letter 2010/2011 time. It is expressly understood that this benefit is provided at the sole discretion of the District and shall automatically terminate upon the expiration of this Management letter unless an extension is expressly agreed to by the District. XXI. Management Employees will be entitled to either a District provided vehicle or a car allowance of up to $350.00/month as determined by the General Manager. The Assistant General Manager, Engineering Manager, Finance Director, IT Director and Human Resources Manager positions shall receive a car allowance of $350.00 per month. XXII. Management Employees shall receive a maximum of forty (40) hours of administrative leave with pay each fiscal year. Unused administrative leave time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at the employee's then straight time hourly rate. There will be no carry-over of administrative leave time to the next fiscal year. XXIII. The District shall pay for nine (9) hours of holiday pay for any holiday occurring on a day in which a Management Employee would normally work a 9-hour day. If a Management Employee regularly works an eight (8) hour day, the District shall pay for eight hours of holiday pay. The Holiday schedule attached hereto as Exhibit D shall be in effect for full-time Management employees covered by this Management letter. Holiday pay will be based on the work hours scheduled for the designated holiday. In order to be eligible for holiday pay, a Management Employee must be either at work or on paid leave of absence on the regularly scheduled workday immediately preceding the day observed as the holiday and the regularly scheduled workday immediately following the day observed as the holiday. The term of this Compensation Letter for Management Employees is for the period of July 1, 2010 to June 30, 2011. Kenneth R. Vecchiarelli Date General Manager Management Compensation Letter 2010/2011 EXHIBIT B YORBA LINDA WATER DISTRICT MANAGEMENT EMPLOYEES SALARY RANGES AND AUTHORIZED CLASSIFICATIONS 12-09-2010 CLASSIFICATION TITLE SALARY RANGES FLSA Assistant General Manager ME40 EXEMPT Engineering Manager ME37 EXEMPT Finance Director ME37 EXEMPT Human Resources and Risk Manager ME36 EXEMPT Information Technology Director ME37 EXEMPT Operations Manager ME37 EXEMPT Exhibit "C" Pay Plan Management Employees Effective July 1st, 2010 thru June 30, 2911 Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 ME 30 Monthly $6,403.8600 $6,563.9565 $6,728.0555 $6,896.2568 $7,068.6633 $7,245.3798 $7,426.5143 $7,612.1772 $7,802.4816 Hourly $36.9453 $37.8690 $38.8157 $39.7861 $40,7807 $41.8003 $42.8453 $43.9164 $45.0143 ME 31 Monthly $6,724.0530 $6,892.1544 $7,064.4582 $7,241.0697 $7,422.0964 $7,607.6488 $7,797.8401 $7,992.7861 $8,192.6057 Hourly $38.7926 $39.7624 $40.7565 $41.7754 $42.8198 $43.8903 544.9875 $46.1122 $47.2650 ME 32 Monthly $7,060.2557 $7,236.7621 $7,417.6811 $7,603.1232 $7,793.2012 $7,988.0313 $8,187.7321 $8,392.4254 $8,602.2360 Hourly $40.7322 $41.7506 $42.7943 $43.8642 $44.9608 $46.0848 $47.2369 $48.4178 $49.6283 ME 33 Monthly $7,413.2685 $7,598.6002 $7,788.5652 $7,983.2793 $8,182,8613 $8,387.4328 $8,597.1187 $8,812.0466 $9,032.3478. Hourly $42.7689 $43.8381 $4.4.9340 $46.0574 $47.2088 548,3890 $49.5988 $50.8387 $521097 ME 34 Monthly $7,783.9319 $7,978.5302 $8,177.99351 $8,382.4433 $8,592.0044 $8,806.8045 $9,026.9746 $9;252.6490 $9,483.9652 Hourly $44.9073 $46.0300 $47.1807 $48.3602 $49.5693 550.8085 $52.0787 $53.3807 $54.7152 ME 35 Monthly $8,173.1285' $8,377.4567 $8,586.89311 $8,801.5655 $9,021.6046 $9,247.1447 $9,478.3233 $9,715.2814 $9,958.1634 Hourly $47.1527, $48.3315 $4753981 $50.7783 $52.0477 $53.3489 $54.6826 $56.0497 $57.4509 ME 36 Monthly $8,581.7849 58,796.3295 $9,016.2378 $9,241.6437 $9,472.6848 $9,709.5019 $9,952.2395 $10,201.0455 $10,456.0716 Hourly $49.5103 $50.7481 $52.0168 $53.3172 $54.6501 556.0164 $57.4168 $58.8522 $60.3235 ME 37 Monthly $9,010.8742 $9,236.1460 $9,467.0497 $9,703.7259 $9,946.3191 $10,194.9770 $10,449.8515 $10,711.0978 $10,978.8752 Hourly $51.9558 $53.2855 $54.6176 $55.9830 $57.3826 $58.8172 $60.2876 $61.7948 $63.3397 ME 36 Monthly $9,461.4179 $9,697.9533 $9,940.4022 $10,188.9122 $10,443.6350 $10,704.7259 $14,972.3440 $11,246.6526 $11,527.8190 Hourly $54.5851 $55.9497 $57.34851, $58.7822 $60.2517 $61.7580 $63.3024 $64.8845 $66.5066 (Page 2 of 3) Exhibit C Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 ME 39 - Monthly $9,934.4888 $10,182.8510 $10,437.4223 $10,698.3578 $10,965.8168 $11,239.9622 $11,520.9612 511,808.9853 $12,104.2099 Hourly $57.3144 $58.7472 $64].2159 $61.7213 $63.2643 $64.8459 $66.4671 $68.1288 $69.8320 ME 40 Monthly $10,431.2132 $10,691.9935 $10,959.2934 $11,233.2757 511,5141076 $11,801.9603 $12,097.0093 $12,399.4345 $12,709.4204 Hourly $601801 $61.6846 $63.2267 $54.8074 $66.4275 $68.0882 $69.7904 $71.5352 $73.3236 ME 41 Monthly $10,952.7739 $11,226.5932 $11,507.2581 $11,794.9395 $12,089.8130 $12,392.0583 $12,701.8598 $13;019.4063 $13,344.8914 Hourly $63.1891 $64.7688 $56.3880 $68.0477 $69.7489 $71.4926 $73.2800 $75.1120 $76.9898 ME 42 - Monthly $11,500.4126 $11,787,9229 $12,082.6210 $12,384.6865 $12,694.3036 $13,011.6612 $13,336.9528 $13,670.3766 $14,012.1360 Hourly $66.3485 $68.0072 $69.7074 $71.4501 $712364 $75.0673 $76.9440 $78.8676 $80.8392 ME 43 Monthly $12,075.4332 $12,377.3190 $12.686.7520 $13,003.9208 $13.329.0188 $13,662.2443 x14,003.8004 $14,353.8954 $14.712.7428 Hourly $69.6660 $71.4076 $73.1928 $75.0226 $76.8982 $78.8206 $80.7912 $82.8109 $84.8812 ME 44 Monthly $12,679.2049 $12,996.1850 $13,321.0896 $13,654.1168 $13,995.4698 $14,345.3565 $14,703.9904 $15,071.5902 $15,448.3799 Hourly $73.1493 $74.9780 $76.8524 $78.7738 $80.7431 $82.7617 $84.8307 586.9515 $89.1253 ME 45 Monthly $13,313.1651 $13,645.9942 $13,987.1441 $14,336.8227 514,695.2433 $15,062.6243 $15,439.1899 $15,825.1697 $16,220.7989 Hourly $76.8067 $78.7269 $80.6951 $82.7124 $84.7802 $86.8998 $89.0722 $91.2991 $93.5815 ME 46 Monthly $13_,978.8234 x14,328.2939 $14,686.5013 $15,053.6638 $15,430.0054 $15,815.7556 $16,211.1494 $16,616.4282 $17,031.8389 Hourly $80.6471 $82.6632 584.7298 $86.8481 $89.0193 $91.2447 $93.5259 $95.8640 $98.2606 ME 47 Monthly $1.4,677.7645 $15,044.7086 $15,420.8264 $15,806.3470 $16,201.5057 $16,606.54331$17,021.70691 $17,447.2496 $17,883.4308 Hourly $84.6794 $86.7964 $88.9663 $91.1905 $93.4702 $95.8070 $98.2022 $100.6572 $103.1736 " In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated @ 2.5% between each step and 5.0% between each range. (Page 3 of 3) Exhibit C Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 ME 48 $17,011.5810 $17,436.8705 $17,872.792.3 $18,319.6121$18,777.6024 Monthly $15,411.6527 $15,796.9441 $16,191.8677 $16,596.6644 Hourly $88.9134 $91.1362 $93.4146 $95.7500 $98.1437 $100.5973 $103.1123 $105.6901 $108.3323 ME 49 Monthly $16,182.2354 $15,585.7913 $17,001.4611 $17,426.4976 $17,862.1600 $18,308.7140 $18,756.4319 $19,235.5927 $19,716.4825 Hourly $913591 $95.6930 $98.0854 $100.5375 $103.0509 $105.6272 $108.2679 $110.9746 $113.7489 ME SQ - Monthly $16,991.3472 $17,416.1348, $17,851.5341 $18,297.8225 $18,755.2680 '$19,224.1497 $19,704.7535 $20,197.3723 $20,702.3066 Hourly $98.0270 $100.4777 $102.9896 $105.5644 $108,2035 $110.9086 $113.6813 $116.5233 $119.4364 In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated @ 2.5% between each step and 5.0% between each range. EXHIBIT D 1. Independence Day 2. Labor Day 3. Veterans Day 4. Thanksgiving 5. Day after Thanksgiving 6. Christmas Eve 7. Christmas Day 8. New Years Day 9. Presidents Day 10. Memorial Day 11. Employee Chosen Floater 350310.1 Y0030-008 ITEM NO. 10.1 AGENDA REPORT Meeting Date: January 13, 2011 Subject: Executive Administrative-Organizational Committee (Beverage/Hawkins) Minutes of meeting held December 21, 2010 at 4:00 p.m. Meeting scheduled January 18, 2011 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 122110 EAO - Minutes.doc BOD Mtg Minutes 12/21/10 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT EXEC-ADM IN-ORGANIZATIONAL COMMITTEE MEETING December 21, 2010 A meeting of the Executive-Administrative-Organizational Committee was called to order by Director Beverage at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Michael J. Beverage, Chair Ken Vecchiarelli, General Manager Director Phil Hawkins Pat Grady, Assistant General Manager 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Strategic Planning Workshop Mr. Vecchiarelli suggested the Committee recommend the Board schedule a Strategic Planning Workshop, tentatively for January 20, 2011, from approximately 8:00 am to noon. The most recent planning workshop was held in March 2009 and was facilitated by an outside consultant. The Committee discussed the value of having an outside facilitator in these workshops. Mr. Vecchiarelli indicated that with such short notice, a facilitator may not be available for the January workshop. However, it was noted that the plan and report from the prior workshop should provide sufficient material and a sound framework for a productive workshop with management staff and the Board, if an outside facilitator is not available. Director Beverage recommended staff send a copy of the report from this prior workshop to the Board members for their review as soon as possible. Director Beverage also recommended inviting the Productivity Innovation Communications (PIC) Committee to the Strategic Planning Workshop, as this item came up as an opportunity for improvement in the recent QualServe Self-Assessment Report. The Committee then discussed scheduling additional workshops in February, March and tentatively, in April, 2011. Thursday, February 17, 2011 was tentatively set for a Water Rates Alternatives and Financial Planning Workshop. A Budget Workshop was scheduled for Friday, March 25 and Thursday, April 21, 2011, was set aside for an additional workshop date, if needed. These dates will be presented to the full Board of Directors at their regular meeting on December 22. 1 2.2. ISDOC Selection Committee Meeting Municipal Water District of Orange County (MWDOC) Director Brett Barbre joined the meeting by teleconference to discuss a recent vote by the MWDOC Board to unanimously support nomination of Cheryl Brothers to the regular special district seat on the Orange County Local Area Formation Commission (LAFCO). Mrs. Brothers is campaigning for the seat recently vacated by Arlene Schafer and would hold one of two regular seats representing the Independent Special Districts of Orange County (ISDOC). Mr. Barbre shared Mrs. Brothers' background and experience, including experience as a LAFCO Commissioner and explained why the MWDOC Board supports Mrs. Brothers for more diverse and balanced representation of special districts on the LAFCO Board. Mr. Barbre requested YLWD Board support for Mrs. Brothers' nomination and election at the ISDOC quarterly meeting on January 27. The Committee recommended adding this item for consideration by the Board of Directors at the Meeting on Wednesday, December 22, 2010. The item will have to be added by two thirds majority vote. 3. DISCUSSION ITEMS 3.1. Committee Activities Recap and Forward Planning Objectives Mr. Vecchiarelli summarized a list of significant items the Committee reviewed and recommended action on within the past calendar year. The Committee gave direction for follow up action or discussion at future Committee Meetings until the items are acted upon by the full Board of Directors. Action Items targeted for consideration at the next Executive- Administration-Organizational Committee Meeting should include a Continuous Water Service Agreement for Property Owners; establishing or affirming the time and place for regular Board Meetings; consideration of the Board Compensation Ordinance and Policy for Reimbursement of Expenses; and further discussion on how minutes for the regular Board Meetings are presented. Follow up Discussion and Information Items for future meetings will include an executive summary of the AWWA QualServe Self-Assessment Report with representatives from the Productivity-Innovation-Communications (PIC) Committee present for this item; a recurring status report on activities from the PIC Committee; discussion of the District's media Policy; possible revisions to the Water Conservation Ordinance; and the monthly Customer Service Feedback Report. 2 3.2. Board and Committee Meeting Minutes The Committee recommended having the Citizens Advisory Committee (CAC) review and consider in parallel with YLWD Board, how minutes should be taken at regular Board Meetings. The Committee discussed how the recommendation of the CAC should be considered by the Board and instructed staff to review cost considerations and recommendations for retaining audio or video options, archiving, streaming live, etc. 3.3. Time of Board Meetings (Verbal Report) This Item will be considered for Action at the next Executive- Administration-Organizational Committee for recommendation to the full Board of Directors. 3.4. Alternative Work Schedule (Verbal Report) The Committee recommended review of alternatives and a report on cost and service considerations at a future meeting. The Committee further suggested having the CAC review and consider this matter in parallel. They further recommended considering a fixed day off matching with the City of Yorba Linda's normal Friday off and determine if the City of Placentia, Brea and Anaheim are also on this type of schedule and if so, which day(s) are they closed for business. The Committee discussed tentative implementation of a new schedule in March 2011, if approved by the Board, and if no objections are raised by the CAC. 3.5. General Counsel's Monthly Summary Billing Report (Report provided at the meeting.) The Committee discussed the report with no further action requested. 3.6. Future Agenda Items and Staff Tasks None. 4. ADJOURNMENT 4.1. The Committee adjourned at 5:35 p.m. The next regular meeting of the Executive-Administrative-Organizational Committee will be held January 18, 2011 at 4:00 p.m. 3 ITEM NO. 10.2 AGENDA REPORT Meeting Date: January 13, 2011 Subject: Finance-Accounting Committee (Collett/Kiley) • Minutes of meeting held January 10, 2011 at 4:00 p.m. (To be provided at the meeting.) • Meeting scheduled February 14, 2011 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 011011 FA - Minutes.doc FA Mtg Minutes 01/10/11 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT FINANCE-ACCOUNTING COMMITTEE MEETING January 10, 2011 A meeting of the Finance-Accounting Committee was called to order by Director Collett at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Ric Collett, Chair Ken Vecchiarelli, General Manager Director Robert R. Kiley Stephen Parker, Finance Director 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. California Employers' Retirement Benefit Trust Fund Mr. Parker explained that GASB 45 requires actuarials to be done every two years to determine the long-term cost of offering Other Post- Employment Benefits (OPEB). In the District's case the benefit given to retirees is one year of health insurance coverage for every three years worked at the District. The actuary determines an Annual Required Contribution (ARC) which must be spent on OPEB costs annually or shown as a liability on the District's balance sheet. The last two fiscal years, the District paid retirees' pay-as-you-go costs, which were approximately $100,000 annually, but fell short of the actuarially determined $217,979. Therefore, the difference was added as a liability on the District's balance sheet. In the current year, the District budgeted for the entire ARC, but until the money is placed in a trust (or remitted to vendors for retiree health insurance costs) it will not formally fund the ARC. Staff provided information on CaIPERS' California Employers' Retiree Benefit Trust (CERBT) which could accept the District's prefunding of OPEB costs. The Committee asked a number of questions relating to GASB 45, OPEB costs and the CERBT that Mr. Vecchiarelli and Mr. Parker responded to. The Committee supported staff's recommendation that the agreement and resolution be brought to the full Board for consideration at the second Board meeting in January. 2.2. November 2010 Budget to Actual Results Mr. Parker presented the November 2010 budget to actual results. A wet year and water demands trending well below normal continue to have the biggest affect on revenues and expenses. Year-to-date Water Operating Revenues are 44% of budget at the five-month mark (42% of the way through the year). Variable Water Costs continue to be slightly higher at 47% as a result of the District's operational strategy to purchase a higher 1 percentage of import water prior to the January 1, 2011 Metropolitan Water District water rate increase. Overall, Operating Expenses are trending at 41% - very near the budgeted expectation. The Committee asked questions, discussed various details, received and filed the November 2010 Budget to Actual Results. 2.3. November 2010 Investment Report Mr. Parker presented the November 2010 Investment Report. Yield went up slightly to 0.81%. Mr. Parker described how some unrealized investment losses negatively affected non-operating revenue numbers while discussing item 2.2, and explained the difference between interest income and investment value. Mr. Parker shared that the Sewer Capital Project Fund increased approximately $284,000, primarily due to payment by Metropolitan Water District (MWD) of a sewer capital and capacity fee related to a revised sewer service agreement. Mr. Vecchiarelli described the history relating to the Diemer Sewer Agreement and negotiation of the Capital Fee received in November from MWD. Mr. Parker explained increases in the Water Reserve for Debt Service and Water Operating Funds, and explained a decrease in the 2008 Certificate of Participation (COP or "Revenue") Bonds as a result of Capital Improvement Project (CIP) payments made for projects in progress. 3. DISCUSSION ITEMS 3.1. Sewer Financial Projections Mr. Parker presented a preliminary analysis of Sewer Fund cash flows and projected capital project reserves trending five years into the future. The projections compared results with and without the additional maintenance of the City of Yorba Linda Sewer System. Mr. Parker explained the assumptions and detailed the capital items that would need to be budgeted under both options, as well as studies, reports and updates to information systems the District has for its existing Sewer System. 3.2. Future Agenda Items and Staff Tasks Director Collett explained that he could not make the next regularly scheduled Finance-Accounting Committee meeting, and after discussion with all parties, a re-scheduled meeting time was agreed upon. 4. ADJOURNMENT 4.1. The Committee adjourned at 5:15 p.m. The next regular meeting of the Finance-Accounting Committee will be held on February 8, 2011 at 9:30 a. m. 2 ITEM NO. 10.3 AGENDA REPORT Meeting Date: January 13, 2011 Subject: Personnel-Risk Management Committee (Kiley/Beverage) • Minutes of meeting held January 11, 2011 at 4:00 p.m. (To be provided at the meeting.) • Meeting scheduled February 8, 2011 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 011111 PRM - Minutes.doc PRM Mtg Minutes 01/11/11 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL-RISK MANAGEMENT COMMITTEE MEETING January 11, 2011 A meeting of the Personnel-Risk Management Committee was called to order by Director Kiley at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E. Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Robert R. Kiley, Chair Ken Vecchiarelli, General Manager Director Michael J. Beverage Gina Knight, Human Resources Mgr 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Emergency Response & Operation Plan Update Operations Assistant, Harold Hulbert presented a report and staff recommendation to update the District's Emergency Response & Operation Plan (ERP). The current plan was prepared in 2005 and modified slightly in 2007 to comply with State requirements that were needed prior to the State receiving and filing the plan. With new requirements adopted in 2010, Mr. Hulbert reported on the District's Emergency Management Committee (EMC), which was formed in June 2010, is made up of eight staff members from various departments and is chaired by Harold. The Committee has worked as a group to solicit proposals from qualified consultants to update the District ERP. The Committee reviewed and evaluated these proposals and recommends an award to Willdan Homeland Solutions. Director Kiley recommended the ERP preparation be collaborated with the appropriate local emergency response organizations and representatives from the Brea Police Department, the Orange County Fire Authority and the cities served by YLWD. The Committee recommended modifying the staff report to include additional information about the EMC and their section process. Director Beverage further recommended the staff report and recommendation be considered by the Board on the Action Calendar at the next regular meeting in January, which is scheduled for January 27. 3. DISCUSSION ITEMS 3.1. Merit Review and Salary Increases (Verbal Report) Staff presented information regarding the number of employees that were eligible for a merit increase based on their work performance during Fiscal Year 2010-2011. Also included in the report was the number of 1 employees who received a one (1) step (2.5%) or a two (2) step (5%) merit increase. 3.2. Status of Human Resources and Risk Management Activities The Committee reviewed and discussed the updated activities log. Staff reported on recent employee development training as well as future scheduled training workshops sponsored by ACWA-JPIA and to be held on-site. The Committee discussed the public benefit and central location of the District's Administrative Building for agencies coming from various Southern California Counties. 3.3. Status of Recruitments and Authorized/Budgeted Positions Staff provided an update on the status of the District's current recruitments. Interviews were conducted for the Maintenance Worker I position on January 5, 2010. At the conclusion of these interviews, the panel recommended the promotion of an internal candidate to fill one of the two open positions. Staff is currently conducting background checks on several external candidates to fill the second vacant and budgeted position. Interviews for the Engineering Secretary position were conducted on January 10, 2010 and will conclude on January 18, 2010. The Committee discussed the process used to narrow down the list of qualified candidates for this position and the reason the recruitment process has taken nearly three months. 3.4. Future Agenda Items and Staff Tasks Staff presented information to the Committee regarding which positions were placed on hold by the Board of Directors during the temporary freezing of vacant positions in early 2009. Staff shared with the Committee comments included in several exit interviews completed by former employees upon their separation of employment with the District. Staff reported that an outside investigator was hired to interview one former employee regarding a comment and complaint stated in their exit interview and to investigate the matter. Director Beverage requested that the District Organizational Chart be brought to a future meeting of the appropriate Committee. Mr. Vecchiarelli recommended the Executive- Administrative-Organizational Committee consider this matter with the District's Human Resources Manager attending for this discussion. 4. ADJOURNMENT 4.1. The Committee adjourned at 5:40 p.m. The next regular meeting of the Personnel-Risk Management Committee will be held February 8, 2011 at 4:00 p.m. 2 ITEM NO. 10.4 AGENDA REPORT Meeting Date: January 13, 2011 Subject: Planning-Engineering-Operations Committee (Melton/Collett) Minutes of meeting held January 6, 2011 at 4:00 p.m. Meeting scheduled February 3, 2011 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 010611 - PEO Minutes.doc PEO Mtg Minutes 01/06/11 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING January 6, 2011 A meeting of the Planning-Engineering-Operations Committee was called to order by Director Melton at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Gary T. Melton, Chair Pat Grady, Assistant General Manager Director Ric Collett Steve Conklin, Engineering Manager Lee Cory, Operations Manager John DeCriscio, Chief Plant Operator 1. PUBLIC COMMENTS Mr. Grady reported on an email received from Mr. Mark Schock requesting that the PEO Committee consider adding information on water bills on fire hydrant test results. As recommended by Mr. Grady, the PEO Committee directed that this request be forwarded to the PIT Committee for further discussion and consideration. 3. DISCUSSION ITEMS 3.1 Project Recap and Forward Planning. At the request of Mr. Grady and approval of the Committee, this item was brought forward ahead of the Action Calendar to provide a briefing to the new Committee on projects completed, in process, and in planning. Mr. Conklin presented the summary table titled "Project Recap and Forward Planning." Mr. Conklin discussed the construction projects, agreements and reports completed in 2010, and projects currently in construction, design and under study. Also presented and discussed were Forward Planning Objectives for 2011 and the years to follow. 2. ACTION CALENDAR 2.1. Water Quality Mixer for Hidden Hills Reservoir. Mr. Conklin reported that Hidden Hills Reservoir has been in operation since July 2010, and that the District is currently facing water-quality concerns in the service area because of low water demands. He described the demand conditions and presented the staff recommendation that mixers be purchased and installed in each of the two bays of the reservoir to address the water-quality issues. Concerning that mixing system, he asked that the Committee recommend the Board approve a sole-source Purchase Agreement with Process Solutions, Inc., to provide and install a Tank Shark Reservoir Management System for Hidden Hills Reservoir for a total cost of $72,250. Following discussion of why a sole- 1 source selection was appropriate and justified, the Committee supported the staff recommendation. 3. DISCUSSION ITEMS 3.2. Status Report on Capital Projects in Progress Mr. Conklin provided a report to the Committee on capital projects currently in construction, design and planning. The Committee supported the format of the monthly status report. 3.3. Monthly Groundwater Production and Purchased Import Water Report Mr. DeCriscio reported that a conversion and update of the District's SCADA system is in progress and no monthly report is available at this time. He also noted that MWD has a shutdown scheduled to start February 27 for seven days to perform maintenance and construction on the Diemer Plant and major pipelines. Prior to that time, reservoirs will be filled. During the shutdown, the District's water supply will be groundwater, which should be more than sufficient to meet demands during this time period. 3.4. Monthly Preventative Maintenance Program Report Mr. Cory described the PM program and the monthly report, with the status of each item and completion targets. He noted that targets are generally met, but extenuating circumstances may occur that change the schedule for completion. In that event, efforts are made the following months to catch up and readjust schedules accordingly. 3.5. Groundwater Producers Meeting Report Mr. Conklin discussed the purpose of the monthly Groundwater Producers meetings that occur with OCWD. He described the items that were discussed at the December 2010 meeting and the issues expected in the future. 3.6. Future Agenda Items and Staff Tasks None. 4. ADJOURNMENT 4.1. The meeting adjourned at 5:25 p.m. The next regular meeting of the Planning-Engineering-Operations Committee will be held February 3, 2011 at 4:00 p.m. 2 ITEM NO. 10.5 AGENDA REPORT Meeting Date: January 13, 2011 Subject: Public Information-Technology Committee (Hawkins/Melton) Minutes of meeting held January 3, 2011 at 4:00 p.m. Meeting scheduled February 7, 2011 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 010311 PIT - Minutes.doc PIT Mtg Minutes 01/03/11 Minutes MINUTES OF THE YORBA LINDA WATER DISRICT PUBLIC INFORMATION-TECHNOLOGY COMMITTEE MEETING January 3, 2011 A meeting of the Public Information-Technology Committee was called to order by Director Hawkins at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Phil Hawkins, Chair Pat Grady, Assistant General Manager Director Gary Melton Damon Micalizzi, PI Officer Steve Conklin, Engineering Manager 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Committee Activities Review and Future Objectives Mr. Micalizzi summarized a list of significant items the Committee reviewed and recommended action on within the past calendar year including: Naming of Future District Facilities; District Participation in 2011 Water Education Festival; Bottling District Water; Practice Fields Atop District Reservoirs; and a History of YLWD Video. Follow up Discussion and Information Items for future meetings will include a Hidden Hills Reservoir open house, enhancing outreach and Water Education in District Elementary Schools and a review of the YLWD Slogan. 2.2. YLWD Promotional Collateral Inventory and Replacement Costs Mr. Micalizzi presented to the Committee an inventory of promotional items and the cost to restock should the District's Slogan be altered or amended. Also itemized, was a list of items that would need to be replaced and the cost of doing so. The Committee was not in favor of expending any funds to replace the current branded items (letterhead, business cards, etc.), until they are depleted in the event of a branding change. 2.3. Public Notice Regarding New Waterline Construction on Ohio Street and Oriente Drive Mr. Conklin reviewed a letter and a map to be mailed out to residents, in the area of Ohio Street and Oriente Drive, which will be affected by a District mainline replacement project in the upcoming months. The letter explains the need for the work and announces a date and time of an after- hours meeting at District offices to answer questions residents may have concerning the project. Director Hawkins inquired as to the use of the 1 District's electronic sign as an additional communication tool. Staff will incorporate the use of the sign prior to project commencement. Mr. Grady also noted that a separate area on the District's web site will be created where residents can check for project updates and schedules that will affect their particular area by the upcoming construction. In addition, staff will mail out a second letter to the residents prior to beginning construction. 2.4. Draft YLWD Winter Newsletter Mr. Micalizzi presented a draft of the upcoming YLWD Quarterly Newsletter to the Committee. With minor edits, the content was approved by the Committee. 2.5. IT Projects Monthly Status Mr. Grady provided a brief overview of the functions of the IT Department and summarized some of the significant IT Projects completed to date which includes: New financial and utility billing software, GIS implementation, electronic imaging and retrieval, online bill pay, SCADA conversion, automated timesheets and a District intranet. Mr. Grady further reported that the District's Computerized Maintenance and Management System is in progress and scheduled to go online in March 2011. 2.6 Fixed Based Meter Reading System Mr. Grady reported that staff met with various vendors to gather information on a fixed based meter reading network. This system would facilitate the District's ability to collect meter readings from residents remotely through a wireless network. The Committee supported the concept and requested that staff pursue the feasibility and funding options for this project. Mr. Grady reported that staff would be obtaining estimated costs as the District begins the budget process for FY 2011/12. 2.7 Future Agenda Items and Staff Tasks None. 3. ADJOURNMENT 3.1. The meeting was adjourned at 5:45 p.m. The next regular meeting of the Public Information-Technology Committee is currently scheduled for February 7, 2011 at 4:00 p.m. 2 ITEM NO. 12.1 AGENDA REPORT Meeting Date: January 13, 2011 Subject: Meetings from January 14, 2011 - February 28, 2011 ATTACHMENTS: Name: Dosciiption: a ype: BOD - Activity Calendar.pdf BOD Activity Calendar Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: January 2011 Exec-Admin-Organizational Committee Meeting Tue, Jan 18 4:OOPM Beverage/Hawkins Yorba Linda City Council Tue, Jan 18 6:30PM Melton MWDOC Board Wed, Jan 19 8:30AM Melton/Staff OCWD Board Wed, Jan 19 5:30PM Kiley/Staff Board of Directors Workshop Meeting Thu, Jan 20 8:OOAM Citizens Advisory Committee Meeting Mon, Jan 24 8:30AM Beverage MWDOC/OCWD Ad Hoc Committee Meeting Tue, Jan 25 4:OOPM Beverage/Hawkins Yorba Linda Planning Commission Wed, Jan 26 7:OOPM Collett Board of Directors Regular Meeting Thu, Jan 27 8:30AM ISDOC Thu, Jan 27 11:30AM Collett February 2011 Yorba Linda City Council Tue, Feb 1 6:30PM Hawkins MWDOC/MWD Workshop Wed, Feb 2 8:30AM Melton/Staff OCWD Board Wed, Feb 2 5:30PM Kiley/Staff Planning-Engineering-Operations Committee Meeting Thu, Feb 3 4:OOPM Melton/Collett WACO Fri, Feb 4 7:30AM Hawkins Public Information-Technology Committee Meeting Mon, Feb 7 4:OOPM Hawkins/Melton Personnel-Risk Management Committee Meeting Tue, Feb 8 4:OOPM Kiley/Beverage Yorba Linda Planning Commission Wed, Feb 9 7:OOPM Kiley Board of Directors Regular Meeting Thu, Feb 10 8:30AM Finance-Accounting Committee Meeting Mon, Feb 14 4:OOPM Collett/Kiley Exec-Admin-Organizational Committee Meeting Tue, Feb 15 4:OOPM Beverage/Hawkins Yorba Linda City Council Tue, Feb 15 6:30PM Melton MWDOC Board Wed, Feb 16 8:30AM Melton/Staff OCWD Board Wed, Feb 16 5:30PM Kiley/Staff Board of Directors Workshop Meeting Thu, Feb 17 8:OOAM Yorba Linda Planning Commission Wed, Feb 23 7:OOPM Collett Board of Directors Regular Meeting Thu, Feb 24 8:30AM 1/6/2011 9:13:40 AM ITEM NO. 13.1 AGENDA REPORT Meeting Date: January 13, 2011 Subject: MWDOC Inspection Trip of the State Water Project and Sacramento-San Joaquin Delta -January 21-22, 2011 (Kiley/Melton) STAFF RECOMMENDATION: That the Board of Directors authorize Director attendance at the above listed event. ATTACHMENTS: Name: Description: Type: 110121 Ackerman DickSWP.doc Event Flyer Backup Material ITINERARY INSPECTION TRIP OF THE STATE WATER PROJECT and the 40 SACRAMENTO-SAN JOAQUIN DELTA 11 N MUNICIPAL WATER DISTRICT OF ORANGE COUNTY Sponsored by Director Linda Ackerman and Director Larry Dick Friday & Saturday, January 21- 22, 2011 Friday, January 21 6:25 a.m. - Meet at Southwest Airline ticket counter, John Wayne Airport MWD tour manger, Pat Chandler (213) 910-4218, and MWDOC contact, Tiffany Baca (714) 262-0215 will be there with boarding passes 7:25 a.m. - Depart via Southwest Airlines flight # 2905 for Sacramento 9:00 a.m. - Arrive Sacramento Airport, board chartered bus; depart for Oroville 10:30 p.m. - Arrive Oroville; pick up Department of Water Resources (DWR) representative; BBQ lunch at Oroville Dam Visitor Center - drive over Oroville Dam Oroville Dam is on the Feather River above the city of Oroville in Butte County, California. It creates Lake Oroville, generates electricity, and provides drinking and irrigation water for Central and Southern California. The dam, lake and other facilities are owned & operated by the State of California Department of Water Resources and is part of the California State Water Project. Tour of the Feather River Fish Hatchery When Oroville Dam was constructed, several miles of spawning and nursery grounds were no longer available for salmon and steelhead trout returning to their home stream to deposit eggs. To compensate for the loss, the hatchery was built in 1967, planned cooperatively by the Dept. of Fish & Game and Dept. of Water Resources. 3:00 p.m. - Depart Oroville for Sacramento 4:30 p.m. - Arrive State Capitol- tour Capitol Building 5:30 p.m. - Depart Capitol Building for hotel 7:25 p.m. Depart for dinner (3 minute walk to Old Town) 7:30 p.m. Dinner at Rio City Cafe, Old Town Sacramento (916) 442-8226 Saturday, January 22 7-00- - Serve-yourself "All American Breakfast" in hotel followed by 7:45 am presentation 7:45 a.m. - Bay-Delta presentation by delta expert Curt Schmutte (location TBA) 9:00 a.m. - Depart hotel for Delta 9:30-11:30 - • Arrive at town of Hood and view potential intake facilities and potential fish screen discussion • Stop at Delta Cross Channel, discuss engineering dilemmas and solutions • Arrive Twitchell Island and Set-back levee project • Stop at Sherman Island, view and discuss levee restoration 12 noon - Arrive Bethel Island - levee restoration discussion, lunch at The Rusty Porthole, Bethel Island (925) 684-3607. Franks Tract discussion 1:00 P.M. - Depart for Oakland - wrap-up discussions en route 2:30 p.m. - Arrive Oakland Airport 3:25 p.m. - Depart Oakland Airport via Southwest Airlines flight # 1544 for Orange County 4:45 p.m. - Arrive John Wayne Airport In case of emergency during this trip, telephone contact to our group may be made through MWD's 24-hour Security Watch Center, (800) 555-5911. Inform the operator that you are calling for a State Water Inspection trip guest with Trip Manager Pat Chandler. You may also reach the group directly by calling Pat's cell phone (213) 910-4218 or emailing at pchandleramwdh2o.com . Participation on this inspection trip by certain California governmental officials will constitute a reportable gift under California and local ethics laws. The estimated reportable expense for this trip is $600.00. Please contact Pat Chandler by phone (213) 217-7772 or the above email address to receive the actual reportable expense if you are required to report gifts.