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HomeMy WebLinkAbout2011-12-08 - Board of Directors Meeting Agenda Packet
Yorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, December 8, 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. SEATING OF DIRECTORS
5.1. Reorganization of the Board of Directors for Calendar Year 2012
Recommendation: That the Board of Directors nominate and elect a President and
Vice President and appoint staff to serve as the Secretary, Assistant Secretary and
Treasurer.
6. 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.
7. SPECIAL RECOGNITION
7.1. Introduce Cody Nottingham, Newly Promoted to Maintenance Worker II
7.2. Presentation of Proclamation to Chloe Frank For Winning the District's 2011-12 Bottled
Water Label Contest
8. COMMITTEE REPORTS
8.1. Citizens Advisory Committee
(Beverage)
• Minutes of meeting held November 28, 2011 at 8:30 a.m.
• Meeting scheduled January 23, 2012 at 8:30 a.m.
9. 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.
9.1. Minutes of the Board of Directors Regular Meeting Held November 23, 2011
Recommendation: That the Board of Directors approve the minutes as presented.
9.2. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize disbursements in
the amount of $682,310.46.
9.3. Financial Statements for the Quarter Ending September 30, 2011
Recommendation: That the Board of Directors receive and file the Financial
Statements for the Quarter Ending September 30, 2011.
10. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board discussions are needed prior to
formal Board action.
10.1. Board of Directors Compensation
Recommendation: That the Board of Directors consider the Directors'
compensation for Calendar Year 2012.
10.2. Resolution Requesting a Seat on the Orange County Sanitation District Board
Recommendation: That the Board of Directors adopt Resolution No. 11-19
Requesting a Seat on the Orange County Sanitation District Board of Directors.
10.3. Employee Agreements for the Period July 1, 2011 through June 30, 2012
Recommendation: That the Board of Directors adopt:
1. Resolution No. 11-20, the Memorandum of Understanding and Pay Plan with the
Yorba Linda Water District Employees Association;
2. Resolution No. 11-21, the Employee Compensation and Terms of Employment
for the Supervisory/Confidential Employees;
3. Resolution No. 11-22, the Employee Compensation and Terms of Employment
for Management Employees.
All agreements are for the period of July 1, 2011 through June 30, 2012.
10.4. Customer Refunds on Sewer Service Charges
Recommendation: That the Board of Directors approve refunding up to four years
of excess sewer service charges to 100 affected customers at a maximum expense
of $17,353.
10.5. OPEB Liability Pay Down
Recommendation: That the Board of Directors authorize staff to deposit $263,810
($317,979 less actual retiree costs through November 2011) to the California
Employees' Retirement Benefit Trust (CERBT) for Fiscal Year 2011112.
11. REPORTS, INFORMATION ITEMS, AND COMMENTS
11.1. President's Report
11.2. Directors' Reports
ACWA/JPIA Conference - November 28-29, 2011 (Kiley/Melton)
A131 234 Training - November 30, 2011 (Melton)
ACWA Conference - November 30 - December 2, 2011 (Hawkins/Kiley/Melton)
A131 825 Training - December 6, 2011 (Beverage)
11.3. General Manager's Report
Tour of Administration Building
ACWA/JPIA Low Loss Ratio Award
11.4. General Counsel's Report
11.5. Future Agenda Items and Staff Tasks
12. COMMITTEE REPORTS CONTINUED
12.1. Executive-Administrative-Organizational Committee
(Beverage/Hawkins)
Minutes of meeting held November 30, 2011 at 4:30 p.m.
Meeting scheduled December 20, 2011 at 4:00 p.m.
12.2. Finance-Accounting Committee
(Collett/Kiley)
Minutes of meeting held November 28, 2011 at 4:00 p.m.
Meeting scheduled December 27, 2011 at 4:00 p.m.
12.3. Personnel-Risk Management Committee
(Kiley/Beverage)
• Meeting scheduled December 13, 2011 at 4:00 p.m.
12.4. Planning-Engineering-Operations Committee
(Melton/Collett)
• Meeting scheduled December 13, 2011 at 11:00 a.m.
12.5. Public Affairs-Communications-Technology Committee
(Hawkins/Melton)
Minutes of meeting held November 18, 2011 at 10:00 a.m.
Minutes of meeting held December 7, 2011 at 4:00 p.m. (To be provided at the next
Board meeting.)
• Meeting scheduled January 3, 2012 at 4:00 p.m.
12.6. YLWD-MWDOC-OCWD Joint Agency Committee
(Beverage/Hawkins)
Minutes of meeting held November 22, 2011 at 4:00 p.m.
Meeting scheduled January 24, 2012 at 4:00 p.m.
13. INTERGOVERNMENTAL MEETINGS
13.1. YL City Council - December 6, 2011 (Hawkins)
13.2. MWDOC/MWD Workshop -December 7, 2011 (Melton/Staff)
13.3. OCWD Board - December 7, 2011 (Kiley/Staff)
14. BOARD OF DIRECTORS ACTIVITY CALENDAR
14.1. Meetings from December 9, 2011 - January 31, 2012
15. CLOSED SESSION
The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is
excused during these discussions.
15.1. Conference with Legal Counsel - Pending Litigation
Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code
Name of Case: Itani, et al vs. YLWD (OC Superior Court - Case No. 00124906)
Name of Case: Johnson, et al vs. YLWD, et al (OC Superior Court - Case No.
00125994)
Name of Case: State Farm General Insurance Company vs. YLWD (OC Superior Court
- Case No. 00311353)
Name of Case: Weiss vs. YLWD (OC Superior Court - Case No. 00319080)
Name of Case: Lindholm vs. YLWD, et al (OC Superior Court - Case No. 00320239)
Name of Case: Travelers Commercial Insurance Company vs. YLWD (OC Superior
Court - Case No. 00327152)
Name of Case: Manista vs. YLWD, et al (OC Superior Court - Case No. 00332968)
Name of Case: American Security Insurance Company, et al vs. YLWD (OC Superior
Court - Case No. 00348304)
Name of Case: Buc vs. YLWD (OC Superior Court - Case No. 00409755)
Name of Case: Interinsurance Exchange of the Automobile Club vs. YLWD (OC
Superior Court - Case No. 00425404)
Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania,
et al (OC Superior Court - Case No. 00486884)
16. ADJOURNMENT
16.1. The next regular meeting of the Board of Directors will be held December 22, 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. 5.1
AGENDA REPORT
Meeting Date: December 8, 2011 Budgeted: N/A
Total Budget: N/A
To: Executive-Administrative- Cost Estimate: N/A
Organizational Committee
Funding Source: N/A
From: Ken Vecchiarelli, General Account No: N/A
Manager
Job No: N/A
Presented By: Ken Vecchiarelli, General Dept: Administration
Manager
Reviewed by Legal: N/A
Prepared By: Cindy Botts, Management CEQA Compliance: N/A
Analyst
Subject: Reorganization of the Board of Directors for Calendar Year 2012
SUMMARY:
Pursuant to the Board of Directors' Rules for Organization and Procedure (Resolution No. 11-15), a
President and Vice President of the Board shall be elected annually at the first regular meeting of
the Board in December of every year. In addition to selection of the President and Vice President,
the Board appoints the Municipal Corporation Officers of Secretary, Assistant Secretary and
Treasurer.
STAFF RECOMMENDATION:
That the Board of Directors nominate and elect a President and Vice President and appoint staff to
serve as the Secretary, Assistant Secretary and Treasurer.
COMMITTEE RECOMMENDATION:
The Executive-Administrative-Organizational Committee discussed this matter at its meeting held
November 30, 2011 and supports staff's recommendation.
DISCUSSION:
The powers and duties of the President are described in Section 30578 of the California Water
Code and the Board of Directors' Rules for Organization and Procedure.
The President's duties prescribed by state law are:
. Sign all contracts on behalf of the District.
. Perform other duties imposed by the Board.
The President's duties prescribed by the Rules for Organization and Procedure are:
. Assume the chair of the Presiding Officer immediately after election.
. Make Committee assignments, subject to consent of the Board, annually at the first Board of
Directors meeting in January of the subsequent year.
. Conduct the proceedings of the Board.
. Sign all ordinances, resolutions and contract documents approved and adopted by the Board.
The Vice President will serve as the Presiding Officer in the absence of the President.
In addition to the selection of the President and Vice President, the Board is required to appoint the
Municipal Corporation Officers of Secretary, Assistant Secretary and Treasurer. The duties of these
Officers are prescribed by the Water Code and the Rules for Organization and Procedure.
The Secretary, or Assistant Secretary in the absence of the Secretary, attests all ordinances and
resolutions approved and adopted by the Board, countersigns all contract documents approved and
adopted by the Board, prepares the minutes of each meeting held by the Board, and performs all
duties prescribed by Section 30000 et seq. of the California Water Code, the Rules for Organization
and Procedure, and as imposed by the Board.
The Treasurer also performs all duties prescribed by Section 30000 et seq. of the California Water
Code, the Rules for Organization and Procedure, and as imposed by the Board.
A member of the Board can not serve as the General Manager, Secretary, Assistant Secretary or
Treasurer. However, the same person can be appointed as General Manager and Secretary or
Secretary and Treasurer. The General Manager can not serve as the Treasurer.
There is no additional compensation for serving as Secretary, Assistant Secretary or Treasurer if
the individual is an employee of the District. The Board is allowed to set compensation for appointed
individuals who are not employees of the District.
PRIOR RELEVANT BOARD ACTION(S):
On December 9, 2010, the Board of Directors elected Michael J. Beverage as President and Phil
Hawkins as Vice President of the Board of Directors. In addition, the Board appointed the following
as Corporate Officers:
Ken Vecchiarelli Secretary
Pat Grady Assistant Secretary
Stephen Parker Auditor
Approved by the Board of Directors of the
Yorba Linda Water District
12/8/2011
GM/RK 5-0 Electing PH as President.
RK/PH 5-0 Electing GM as Vice President.
MB/RK 5-0 Appointing KV as Secretary, AA
as Assistant Secretary and SP as Treasurer.
ITEM NO. 8.1
AGENDA REPORT
Meeting Date: December 8, 2011
Subject: Citizens Advisory Committee
(Beverage)
Minutes of meeting held November 28, 2011 at 8:30 a.m.
Meeting scheduled January 23, 2012 at 8:30 a.m.
ATTACHMENTS:
Name: Description: Type:
112811 - CAC Minutes.doc CAC Mtg Minutes 11/28/11 Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
CITIZENS ADVISORY COMMITTEE MEETING
November 28, 2011
1. CALL TO ORDER
A meeting of the Citizens Advisory Committee was called to order at 8:30 a.m. by
the Committee Chair, Carl Boznanski. The meeting was held at the District's
Administrative Office at 1717 East Miraloma Avenue, Placentia CA 92870.
COMMITTEE MEMBERS PRESENT
Carl Boznanski, Chair Rick Buck Joe Holdren
Oscar Bugarini Sr. Modesto Llanos Lindon Baker
Bill Guse Daniel Mole Fred Hebein
Cheryl Spencer-Borden Gus Bruner
YLWD DIRECTORS PRESENT YLWD STAFF PRESENT
Michael Beverage, Director Damon Micalizzi, Public Information Officer
VISITORS PRESENT
None
2. PUBLIC COMMENTS
None.
3. PRESENTATIONS
3.1. Citizens Advisory Committee Questionnaire Results
Mr. Micalizzi presented to the Committee all of the responses to the CAC
Questionnaire, addressing some items and questions posed along the
way. The Committee discussed some of the responses in greater detail
including the District's labor negotiations, an overview of what can effect
or raise the District's water rate and the nexus between conservation and
water use efficiency. In addition, the Committee discussed the importance
of public outreach and education.
4. ACTION CALENDAR
4.1. Citizen's Advisory Committee Structure and Re-Organization
Daniel Mole, Bill Guse, Fred Hebein and Cheryl Spencer -Borden were all
nominated to serve as Chair of the Committee for the Calendar Year
2012. Mr. Hebein and Mrs. Spencer-Borden declined their nomination
citing professional and personal obligations. The Committee then voted 6-
5 to elect Mr. Mole as Chair and then voted unanimously to elect Mr. Guse
as Vice-Chair for 2012.
1
5. DISCUSSION ITEMS
5.1. Ground Water Adventure Tour (Committee Verbal Report)
Mr. Bugarini and Mr. Llanos shared with the Committee their experience
and highlights of the Ground Water Adventure Tour they attended
courtesy of Orange County Water District, earlier in the month. Mr. Llanos
was particularly interested in the ground water replenishment system.
Both strongly suggested the rest of the Committee take the tour in the
future.
5.2. Public Affairs Workshop (Verbal Report)
Mr. Llanos briefed the Committee on the November 14, 2011 Board of
Directors Public Affairs Special Workshop Meeting that he attended. He
suggested that the Committee be presented the material discussed at the
workshop.
5.3. Future Agenda Items
Several items brought up in the questionnaire will be added to upcoming
agendas including:
• Golden State Water District's area in Yorba Linda
• Rate Structure and Planning
• Emergency Preparedness
• Public Affairs Efforts
6. ADJOURNMENT
6.1. The Committee adjourned at 10:03 a.m. The next meeting of the Citizens
Advisory Committee will be held Monday, January 23, 2012 at 8:30 a.m.
2
ITEM NO. 9.1
AGENDA REPORT
Meeting Date: December 8, 2011
Subject: Minutes of the Board of Directors Regular Meeting Held November 23, 2011
STAFF RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
Narne: Description: Type:
112311 BOD - Minutes.doc BOD Mtg Minutes 11/23/11 Minutes
Approved by the Board of Directors of the
Yorba Linda Water District
12/8/2011
RC/MB 5-0
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
November 23, 2011
1. CALL TO ORDER
The November 23, 2011 Regular Meeting of the Yorba Linda Water District
Board of Directors was called to order by President Beverage at 8:31 a.m. The
meeting was held in the Board Room at the District's Administrative Building
located at 1717 East Miraloma Avenue in Placentia, California 92870.
2. PLEDGE OF ALLEGIANCE
Director Hawkins led the pledge. {
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Michael J. Beverage, President Steve Conklin, Engineering Manager
Phil Hawkins, Vice President Gina Knight, Human Resources Manager
Ric Collett Stephen Parker, Finance Manager
Robert R. Kiley Damon Micalizzi, Public Information Officer
Gary T. Melton Annie Alexander, Executive Secretary
ALSO PRESENT
Brett Barbre, Director, Municipal Water District of Orange County
Art Kidman, General Counsel, Kidman Behrens & Tague LLP
Richard Kreisler, Labor Counsel, Liebert Cassidy Whitmore
4. ADDITIONS/DELETIONS TO THE AGENDA
President Beverage requested to add the following item to the agenda as there
was a need to take immediate action on this matter and the need for action came
to staff's attention subsequent to the agenda being posted.
12.3. Conference with Labor Negotiators
Pursuant to Section 54956.7 of the California Government Code
Agency Designated Representatives:
Gina Knight
Richard Kreisler
Employee Organization:
Yorba Linda Water District Employees Association
Director Hawkins made a motion, seconded by Director Collett, to add the above
listed item to the agenda. Motion passed 5-0.
Item No. 12.3. was taken following Item No. 5 to facilitate the attendance of Mr.
Kreisler.
1
5. PUBLIC COMMENTS
None.
CLOSED SESSION
The meeting was adjourned to Closed Session at 8:33 a.m. All Directors were present.
Also present were Mrs. Knight and Mr. Kreisler.
12.3. Conference with Labor Negotiators
Pursuant to Section 54956.7 of the California Government Code
Agency Designated Representatives:
Gina Knight `
Richard Kreisler
The Board reconvened in Open Session at 8:45 a.m. President Beverage announced
that no action was taken during Closed Session that was required to be reported under
the Brown Act.
Mr. Kreisler left the meeting at this time.°
President Beverage asked if there was anyone wishing to provide Public Comments at
this time. None were provided.
6. CONSENT CALENDAR
Director Collett made a motion, seconded by Director Hawkins, to approve the
Consent Calendar. Motion carried 5-0. Director Collett abstained from voting on
Check No. 57815 on Item No. 6.3. as he has a financial interest with the vendor.
6.1. Minutes of the Board of Directors Regular Meeting Held November 10, 2011
Recommendation. That the Board of Directors approve the
minutes as presented.
6.2. Minutes of the Board of Directors Workshop Meeting Held November 14, 2011
Recommendation. That the Board of Directors approve the
minutes as presented.
6.3. Payments of Bills, Refunds and Wire Transfers
Recommendation. That the Board of Directors ratify and authorize
disbursements in the amount of $1,915,924.75.
6.4. Progress Payment No. 4 for Construction of the Ohio St. and Oriente Dr.
Pipeline Replacement
Recommendation. That the Board of Directors approve Progress
Payment No. 4 in the net amount of $43,235. 10 to Mamco
Construction for the Ohio Street and Oriente Drive Pipeline Project,
Job No. 201006.
2
6.5. Progress Payment No. 10 for Construction of the Highland Booster Pump
Station Project
Recommendation. That the Board of Directors approve Progress
Payment No. 10 in the net amount of $270,211.22 to Pacific
Hydrotech Corporation for construction of the Highland Booster
Pump Station Project, Job No. 200814.
6.6. Final Report Regarding Recycled Water Facilities Planning Study
Recommendation. That the Board of Directors authorize staff to file
the report and revisit its findings and recommendations in the future
when the cost to implement the program is more economically
feasible.
6.7. Placement of NEOGOV Logo on District's Employment and Job
Description Web Pages
Recommendation. That the Board of Directors approve the
placement of NEOGOV's logo exclusively and limited to the
District's employment and job description web pages.
7. ACTION CALENDAR
7.1. Mitigated Negative Declaration for Yorba Linda Blvd Pump Station and
Pipeline Projects
President Beverage announced that this item would be continued to the
next Board meeting to allow Legal Counsel some time to review the
matter.
8. REPORTS, INFORMATION ITEMS, AND COMMENTS
8.1. President's Report
None.
8.2. Directors' Reports
None.
8.3. General Manager's Report
None.
8.4. General Counsel's Report
Mr. Kidman reported that there was no need for a Closed Session
regarding pending litigation (Item No. 12.1.)
8.5. Future Agenda Items and Staff Tasks
None.
3
9. COMMITTEE REPORTS
9.1. Executive-Administrative-Organizational Committee
(Beverage/Hawkins)
Minutes of the meeting held November 16, 2011 at 4:00 p.m. were
provided in the agenda packet. Directors Beverage and Hawkins
attended. Matters discussed during the meeting included: Legislative
Affairs Update; Final Report on 2011 Legislative Bills; General Counsel's
Monthly Summary Report; Quarterly Director and General Manager Fees
and Expenses (Jul - Sep 2011); and Status of Strategic Plan Initiatives.
Meeting scheduled November 30, 2011 at 4:30 p.m.
9.2. Finance-Accounting Committee
(Collett/Kiley)
Meeting scheduled November 28, 2011 at 4:00 p.m.
9.3. Personnel-Risk Management Committee
(Kiley/Beverage)
Minutes of the meeting held November 8, 2011 at 4:00 p.m. were provided
in the agenda packet. Directors Kiley and Beverage attended. Matters
discussed during the meeting included: Safety Consultants Professional
Services Agreement with the Aspen Group; Placement of NEOGOV Logo
on District's Employment and Job Description Web Pages; Development
and Implementation of an Internship Program; Status of Recruitments and
Budgeted Positions; Status of Human Resources and Risk Management
Activities; and Status of Strategic Plan Initiatives.
Meeting scheduled December 13, 2011 at 4:00 p.m.
9.4. Planning-Engineering-Operations Committee
(Melton/Collett)
Minutes of the meeting held November 8, 2011 at 1:00 p.m. were provided
in the agenda packet. Directors Beverage and Collett attended. Matters
discussed during the meeting included: Mitigated Negative Declaration for
Yorba Linda Blvd Pump Station and Pipeline Projects; Final Reporting
Regarding Water Recycling Facilities Planning Study; Monthly
Preventative Maintenance Program Report; Monthly Groundwater
Production and Purchased Import Water Report; Status Report on Capital
Projects in Progress; and Status of Strategic Plan Initiatives.
Meeting scheduled December 13, 2011 at 11:00 a.m.
4
9.5. Public Affairs-Communications-Technology Committee
(Hawkins/Melton)
Minutes of the meeting held November 18, 2011 at 12:00 p.m. will be
provided at the next Board meeting.
Meeting scheduled December 5, 2011 at 4:00 p.m. was rescheduled to
December 7, 2011 at 4:00 p.m.
9.6. YLWD-MWDOC-OCWD Joint Agency Committee
(Beverage/Hawkins)
Minutes of the meeting held November 22, 2011 at 4:00 p.m. will be
provided at the next Board meeting.
Meeting scheduled November January 24, 2012 at 4:00 p.m.
9.7. Citizens Advisory Committee
(Beverage)
Meeting scheduled November 28, 2011 at 8:30 a.m.
10. INTERGOVERNMENTAL MEETINGS
10.1. YL City Council - November 15, 2011 (Melton)
Director Melton attended and commented on the contract with the Brea
Police Department which was discussed during the meeting.
10.2. MWDOC Board - November 16, 2011 (Melton/Staff)
Director Melton was unable to attend this meeting.
10.3. OCWD Board -November 16, 2011 (Kiley/Staff)
Director Kiley attended but did not have any District related business to
report.
11. BOARD OF DIRECTORS ACTIVITY CALENDAR
11.1. Meetings from November 24, 2011 -December 31, 2011
The Board reviewed the listed meetings and made no additional changes.
12. CLOSED SESSION
No Closed Session was held for Item No. 12.1.
12.1. Conference with Legal Counsel - Pending Litigation
Pursuant to Subdivision (a) of Section 54956.9 of the California
Government Code
Name of Case: Itani, et al vs. YLWD (OC Superior Court - Case No.
00124906)
5
Name of Case: Johnson, et al vs. YLWD, et al (OC Superior Court -
Case No. 00125994)
Name of Case: State Farm General Insurance Company vs. YLWD
(OC Superior Court - Case No. 00311353)
Name of Case: Weiss vs. YLWD (OC Superior Court - Case No.
00319080)
Name of Case: Lindholm vs. YLWD, et al (OC Superior Court - Case
No. 00320239)
Name of Case: Travelers Commercial Insurance Company vs. YLWD
(OC Superior Court - Case No. 00327152)
Name of Case: Manista vs. YLWD, et al (OC Superior Court - Case
No. 00332968)
Name of Case: American Security Insurance Company, et al vs.
YLWD (OC Superior Court - Case No. 00348304)
Name of Case: Buc vs. YLWD (OC Superior Court - Case No.
00409755)
Name of Case: Interinsurance Exchange of the Automobile Club vs.
YLWD (OC Superior Court - Case No. 00425404)
Name of Case: ACWA/JPIA, et al vs. Insurance Company of the
State of Pennsylvania, et al (OC Superior Court -
Case No. 00486884)
The meeting was adjourned to Closed Session at 8:56 a.m. All Directors were
present.
12.2. Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: General Manager
The Board reconvened in Open Session at 9:54 a.m. President Beverage
announced that no action was taken during Closed Session that was required to
be reported under the Brown Act.
13. ADJOURNMENT
13.1. The meeting was adjourned at 9:55 a.m. The next regular meeting of the
Board of Directors will be held December 8, 2011 at 8:30 a.m.
Annie Alexander
Executive Secretary
6
ITEM NO. 9.2
AGENDA REPORT
Meeting Date: December 8, 2011 Budgeted: Yes
Total Budget: N/A
To: Board of Directors Cost Estimate: $682,310.46
Funding Source: All Funds
From: Ken Vecchiarelli, General Account No: N/A
Manager
Job No: N/A
Presented By: Stephen Parker, Finance Dept: Finance
Manager
Reviewed by Legal: N/A
Prepared By: Maria Trujillo, Accounting CEQA Compliance: N/A
Assistant 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 $682,310.46.
DISCUSSION:
The major wires on this disbursement list are as follows: A wire of $93,692.14 to ACWA-HBA for
December 2011 health premium; and, a wire of $167,480.00 to OCWD for September LTSS in-lieu
program. The balance of $184,103.45 is routine invoices. The Accounts Payable check register total is
$445,275.59; Payroll No. 24 total is $237,034.87; and, the disbursements of this agenda report are
$682,310.46. 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:
Narne Do scripticn Type.
CkReg120811_BOD.pdf Check Register Backup Material
11-CS 1208.doc Cap Sheet Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
12/8/2011
RC/MB 5-0
Y®rba Linda Water District
Check Register
For Checks Dated: 11/24/2011 thru 12/08/2011
Check No. Date Vendor Name Amount Description ($10k or greater
57858 12/09/2011 A Plus Awards By Dewey 15-62
57866 12/08/2011 A.W. Associates 3,000.00
W112811 11/28/2011 ACWA-HBA 93,692.14 Health premium December
57854 12/08/2011 Alex Yen 1,000.0f)
57855 12/08/2011 Alternative Hose Inc. 470.20
57856 12/08/2011 Anaheim Wheel & Tire 750.00
57857 12/08/2011 Anixter Inc. 640.09
57845 11/29/2011 Anthem Blue Cross EAP 165.00
57859 12/08/2011 Aqua-Metric Sales Co. 3,640.43
57860 12/08/2011 Aramark 577.60
57851 12/08/2011 Armando Raya 120.00
57862 12/08/2011 Associated Laboratories 1,942.60
57854 12/08/2011 AT & T 45.26
57863 12/08/2011 AT & T - Calnet2 15.32
57865 12/08/2011 Automatiandirect.com, Inc. 218.74
57857 12/08/2011 AW Direct Inc- 174.79
57868 12/08/2011 Acteca Systems 2,400.00
57869 12/08/2011 Bank Of America 705.80
57870 12/08/2011 Battery Systems 75.81
578.71 12/08/'2011 Bee Busters, Inc 450.00
57872 12/08/2011 Bob Peters Fire Protection 450.00
57873 12/08/'2011 Cal Society-Municipal Finance Office 897.00
57874 12/08/2011 CDW Government, Inc 827.52
57875 12/08/2011 Chambers Group Inc. 327.00
57876 12/08/2011 Clinical Lab. Of San Bern. 2,025.00
57877 12/08/2011 CILIA Surety 350-00
57848 1210817011 COAST PNEUMATICS INC 759.76
57878 12/08/2011 Community Lock & Safe Service, Inc. 10,75
57879 12/08/2011 Dapper Tire Co. Inc. 1,014.58
57880 12/08/2011 Dasco 9,284.00
57881 17/08/2011 DLTSolutions, Inc. 1,080.60
57882 12/08/2011 E. H. Wachs Company 569.82
57883 12/08/2011 Eisel Enterprises, Inc. 1,241.45
57884 12/08/2011 Embassy Suites Monterey Bay - Seas 503.86
57885 12/08/2011 Energy Environmental Soln, Inc 2,200.00
57894 12/08/2011 Environmental Equipment Supply 3039
57886 12/08/21011 Federal Express 71.90
57887 12/08/2011 Friendship Baptist Church 1.800.00
57888 12/08/2011 Fry°s Electronics 128.18
57846 12/08/2011 Fullmer Construction 2,800.00
57889 12/08/2011 Girt Scout Council of Orange County 1,500.00
57890 12/08/2011 Glenn Coates/PM Team 1,640-00
57891 12/08/20111 Haaker Equipment Co. 1,129.56
57892 12/08/2011 Habitat for Humanity of O.C. 1,889.00
56527 11/30/2011 HECTOR LOPEZ (36.10)
57847 12/08/2011 HECTOR LOPEZ 3610
57893 12/08/2011 Home Despot Credit Services 167-05
57850 12/08/2011 HQT Homes 8,272-00
57895 12/08/2011 Infosend Inc. 2,780.99
57896 12/08/2011 Integrity Backflow 131.34
57897 12/08,/2011 Jackson's Auto Supply - Napa 628.010
57898 12/08/2011 Jimmy De Anda 43.09
57899 12/48/2011 John Bogosian 400.77
57900 12/08/2011 John Decriscio 237-49
57901 12/08,/2011 Kaiser Permanente 1.500.00
57902 12/08/2011 Kimball Midwest 217.02
57903 12/08,/2011 Konica Minolta Business 117.89
57904 12/08/2011 Konica Minolta Business 849.25
57905 12/08/2011 Lakeview Associates, LLC 2,935-00
57906 12/08,/2011 Leighton Consulting, Inc. 987-00
57907 12/08/2011 Liebert Cassidy Whitmore 1,809.00
57908 12/08/2011 Light Bulbs Etc 933-15
57852 12/08,/2011 Long Swimming Pool Steel 1,380-00
57909 1210812011 Mc Fadden-Dale Hardware 69-02
57910 1210812011 Messiah Lutheran Church 1,484-50
57849 12/08/2011 MISSION PAVING & SEALING INC 542-46
57911 12/08/2011 Muzak LLC 70-88
57851 12/08/2011 New Castle Development 4,500.00
57912 12/08112011 Nickey Petroleum Co 6,130.26
57913 12/081"2011 Minya & Moore 561.00
57914 12/081/2011 North County Chabad Center 250.00
57915 12,108,12011 Office Solutions 630-33
W112911 11/29,•12011 Orange County Water District 167,480.00 LTSS in-lieu prop September
57916 12/'081•12011 Orvac Electronics 92.22
57917 12/09;12011 PARMA 100.00
57918 12/08/2011 Parts Source Anaheim 24.22
57919 12108/2011 Patrick Buckner 73.71
57920 1210812011 Powerstride Battery 9062
57921 12/08112011 Quinn Power Systems Associates 52-52
57922 12/08/2011 Ralph 5olesbee 1,000-00
57973 12/08/2011 RBF Consulting 13,174.15 Pipeline Replacement Oct Svcs
57924 12/08/2011 Regal CineMedia 383.010
57925 12108/2011 Robyn Shaw 871.06
57926 12/08/2011 Roman Catholic Diocese of Orange 1,000.00
57927 12/08Y'2011 Ronnie Tipton 800.00
57928 1210812011 Sanders Paving, Inc- 22,151.00 Paving work/various sites
57929 12/08/2011 Shred-It USA Inc 81.52
57930 1210812011 Southern Calif Edison Co- 488.59
W112511 11/25/12011 Southern Calif Edison Co. 2,804.12
W112511A 11/25/2011 Southern Calif Edison Co. 148.00
57931 12/018/2011 Southern Calif Gas Co. 5,616-98
57932 12/08/2011 Staples Business Advantage 486.08
57933 12/08/2011 Stater Bros. Markets 58.72
57934 1210812011 Stephen Parker/ Petty Cash 164.26
57935 12/08/2011 SWRCB 3,464-00
57936 12/08/2011 Tetra Tech, Inc. 527.010
57937 1210812011 Toil Brothers 1,000.00
57938 12/08/2011 United Industries 564-74
57853 12/08/2011 Upper K Shapel! 5010.00
57939 12/08/2011 Urethane Solutions, Inc_ 6,930-00
57940 12/08/2011 Valley View Enterprises 800.00
57941 12/08/2011 Village Nurseries 67.45
57942 12/08/2011 Wafters Wholesale Electric Co. 146.50
57943 12/08/2911 Wells Supply Co 14,328.87 Warehouse stock
57944 12/08/2011 Yorba Linda Family Partners, LP 7,320-00
57945 12/08/2011 Yorba Linda Friends Church 12,250,00 Cash Bond release
Total $445,275.59
December 8, 2011
CHECK NUMBERS:
Void Check 56527 $ (36.10)
Manual Check 57845 $ 165.00
Computer Checks 57846-57945 $ 181,022.43
$ 181,151.33
WIRES:
W-112511 So. California Edison $ 2,804.12
W-112511A So. California Edison $ 148.00
W-112811 ACWA-HBA $ 93,692.14
W-112911 OCWD $ 167,480.00
$ 264,124.26
TOTAL OF CHECKS AND WIRES $ 445,275.59
PAYROLL NO. 24:
Computer Checks 5115- 5117
Manual Checks 5118- 5128 $ 237,034.87
DISBURSEMENT TOTAL: $ 682,310.46
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF DECEMBER 8, 2011
ITEM NO. 9.3
AGENDA REPORT
Meeting Date: December 8, 2011
To: Board of Directors
From: Ken Vecchiarelli, General
Manager
Presented By: Stephen Parker, Finance Dept: Finance
Manager
Reviewed by Legal: N/A
Prepared By: Stephen Parker, Finance CEQA Compliance: N/A
Manager
Subject: Financial Statements for the Quarter Ending September 30, 2011
SUMMARY:
Presented are the Financial Statements for the Quarter Ending September 2011 for the District.
STAFF RECOMMENDATION:
That the Board of Directors receive and file the Financial Statements for the Quarter Ending
September 30, 2011.
COMMITTEE RECOMMENDATION:
The Finance-Accounting Committee discussed this matter at its meeting held November 28, 2011
and supports staff's recommendation with suggested revisions to the format and content on the new
accrual-based report. The Committee's suggested format changes were incorporated and are
included in the attached reports.
DISCUSSION:
For the quarter ending September 30, 2011, staff is presenting unaudited financial statements in the
CAFR format. This is a new approach by presenting the quarterly statements on a full-accrual basis,
and we believe that this is a more transparent presentation of the District's overall financial position
for your review. In addition to the new format, we also have the traditional budget to actual
statements for the District as a whole, as well as for the water and sewer funds individually.
Water Operating Revenue as presented, is 30.6% of annual budget, which is less than 3% behind
pace of making our current year's budget. Other Operating Revenue is 45% of annual budget. This
is primarily due to receiving un-budgeted revenue relating to the Vista Del Verde development.
Sewer Other Operating Revenue is well over budget due to the un-budgeted Vista Del Verde
development hitting revenue in the first quarter of the fiscal year. Sewer Other Non-Operating
revenue is also well over budget, primarily because of receiving $264,000 from the City of Yorba
Linda for the Sewer Transfer. These funds are paying for improvements at the Greencrest Sewer
Lift Station and will help finance GIS improvements to incorporate the infrastructure from the
dedicated City sewer system into the District's GIS database.
The one major reporting item to note this first quarter, is that the District recorded the fair market
value of the sewers that came from the City of Yorba Linda. The value, calculated by staff and
reviewed by the District's auditors, is recorded at more than $17 million and is recorded on the
income statement as contributed capital.
PRIOR RELEVANT BOARD ACTION(S):
On November 10, 2011, the Board received and filed the FY 2010/11 Comprehensive Annual
Financial Report.
ATTACHMENTS:
Name: Description: Type:
FY 2012 1st Qtr Unaudited Financial Statements.xlsx FY 2012 1 st Qtr Financial Statements Backup Material
FY 2012 1st Qtr Combined Stmt.xls FY 2012 1 st Qtr Combined Statement Backup Material
FY 2012 1st Qtr Water Statement.xls FY 2012 1 st Qtr Water Statement Backup Material
FY 2012 1st Qtr Sewer Stmt.xls FY 2012 1 st Qtr Sewer Statement Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
12/8/2011
RC/MB 5-0
YORBA LINDA WATER DISTRICT
UNAUDITED COMBINING SCHEDULE OF NET ASSETS
September 30, 2011
ASSETS Sept. 2011 June 2011
CURRENT ASSETS:
Cash and cash equivalents $ 28,128,984 $ 29,985,508
Investment 2,158,358 2,143,130
Accounts receivable - water and sewer services 4,402,878 3,642,530
Accounts receivable - property taxes 102,192 114,949
Accrued interest receivable 21,983 22,049
Prepaid expenses & other deposits 387,806 246,919
Inventory 249,910 233,613
TOTAL CURRENT ASSETS 35,452,111 36,388,698
NONCURRENT ASSETS:
Bond issuance costs 748,247 755,728
Capital assets:
Non-depreciable 8,014,707 5,223,388
Depreciable, net of accumulated depreciation 191,923,569 176,410,400
TOTAL NONCURRENT ASSETS 200,686,523 182,389,516
TOTAL ASSETS 236,138,634 218,778,214
LIABILITIES
CURRENT LIABILITIES:
Accounts payable 4,408,047 4,506,830
Accrued expenses 110,462 130,306
Accrued interest payable 966,343 483,171
Certificates of Participation - current portion 890,000 890,000
Compensated absences 258,032 251,798
Customer and construction deposits 298,680 281,156
Deferred revenue 416,525 416,525
TOTAL CURRENT LIABILITIES 7,348,089 6,959,786
LONG-TERM LIABILITIES (LESS CURRENT PORTION):
Deferred annexation revenue 14,297,711 14,406,176
Compensated absences 774,109 755,395
Other post-employment benefit (OPEB) liability 119,858 122,065
Certificates of Participation 42,293,870 42,299,117
TOTAL LONG TERM LIABILITIES (LESS
CURRENT PORTION) 57,485,548 57,582,753
TOTAL LIABILITIES 64,833,637 64,542,539
NET ASSETS: $ 171,304,997 $ 154,235,675
YORBA LINDA WATER DISTRICT
UNAUDITED COMBINING SCHEDULE OF REVENUES, EXPENSES
AND CHANGES IN NET ASSETS
For the quarter ended September 30, 2011
Sept. 2011 June 2011
OPERATING REVENUES:
Water sales $ 8,109,156 $ 22,686,251
Sewer revenues 357,834 1,274,579
Other operating revenues 393,832 1,035,545
TOTAL OPERATING REVENUES 8,860,822 24,996,375
OPERATING EXPENSES
Variable water costs 4,667,323 11,268,306
Personnel services 1,791,671 6,902,995
Supplies and services 798,604 3,686,333
Depreciation and amortization 1,608,276 5,279,860
TOTAL OPERATING EXPENSES 8,865,874 27,137,494
OPERATING INCOME/(LOSS) (5,052) (2,141,119)
NONOPERATING REVENUES (EXPENSES):
Property taxes 45,107 1,258,769
Investment income 70,348 274,152
Interest expense (476,565) (1,172,503)
Other nonoperating revenues 383,524 739,062
Other nonoperating expenses (9,466) (406,575)
TOTAL NONOPERATING REVENUES/EXPENSES 12,948 692,905
NET INCOME/(LOSS) BEFORE CAPITAL
CONTRIBUTIONS 7,896 (1,448,214)
CAPITAL CONTRIBUTIONS 17,061,426 706,319
CHANGES IN NET ASSETS 17,069,322 (741,895)
NET ASSETS - BEGINNING OF YEAR 154,235,675 154,977,570
NET ASSETS - FOR PERIOD END SEPTEMBER 30, 2011 $ 171,304,997 $ 154,235,675
Yorba Linda Water District
Water & Sewer Funds
For The Quarter Ending September 30, 2011
Original YTD YTD YTD
Budget Actual Under(Over) % of
FY 2012 FY 2012 Budget Budget
Revenue (Operating):
Water Revenue (Residential) $17,904,893 $5,289,881 $12,615,012 29.54%
Water Revenue (Commercial & Fire Det.) 1,726,651 556,408 1,170,243 32.22%
Water Revenue (Landscape/Irrigation) 3,757,058 1,422,287 2,334,771 37.86%
Water Revenue (Service Charge) 3,406,392 840,580 2,565,812 24.68%
Sewer Charge Revenue 1,548,550 357,343 1,191,207 23.08%
Locke Ranch Assessments 159,862 491 159,371 0.31%
Other Operating Revenue 754,361 393,832 360,529 52.21%
Total Operating Revenue: 29,257,767 8,860,822 20,396,945 30.29%
Revenue (Non-Operating):
Interest 190,000 70,348 119,652 37.03%
Property Tax 1,232,000 45,107 1,186,893 3.66%
Other Non-Operating Revenue 499,369 383,524 115,845 76.80%
Total Non-Operating Revenue: 1,921,369 498,979 1,422,390 25.97%
Total Revenue 31,179,136 9,359,801 21,819,335 30.02%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power) 13,671,538 4,667,323 9,004,215 34.14%
Salary Related Expenses 7,941,306 1,791,671 6,149,635 22.56%
Supplies & Services 4,020,833 798,604 3,388,537 19.86%
Total Operating Expenses 25,633,677 7,257,598 18,542,387 28.31%
Expenses (Non-Operating):
Interest on Long Term Debt 1,906,426 476,565 1,429,861 25.00%
Other Expense 123,193 9,466 113,727 7.68%
Total Non-Operating Expenses: 2,029,619 486,031 1,543,588 23.95%
Total Expenses 27,663,296 7,743,629 20,085,975 27.99%
Net Income (Loss) Before Capital Contributions 3,515,840 1,616,172 1,733,360 45.97%
Contributed Capital - 17,061,426 (17,061,426) 0.00%
Net Income (Loss) Before Depreciation 3,515,840 18,677,598 (15,161,758) 531.24%
Depreciation & Amortization 5,561,699 1,608,276 3,953,423 28.92%
Total Net Income (Loss) ($2,045,859) $17,069,322 ($19,115,181) -834.34%
Capital - Direct Labor - (95,912) 95,912 0.00%
Yorba Linda Water District
Water Fund
For The Quarter Ending September 30, 2011
Original YTD YTD YTD
Budget Actual Under(Over) % of
FY 2012 FY 2012 Budget Budget
Revenue (Operating):
Water Revenue (Residential) $17,904,893 $5,289,881 $12,615,012 29.54%
Water Revenue (Commercial & Fire Det.) 1,726,651 556,408 1,170,243 32.22%
Water Revenue (Landscape/Irrigation) 3,757,058 1,422,287 2,334,771 37.86%
Water Revenue (Service Charge) 3,406,392 840,580 2,565,812 24.68%
Other Operating Revenue 697,360 310,446 386,914 44.52%
Total Operating Revenue: 27,492,354 8,419,602 19,072,752 30.63%
Revenue (Non-Operating):
Interest 170,000 66,639 103,361 39.20%
Property Tax 1,232,000 45,107 1,186,893 3.66%
Other Non-Operating Revenue 495,394 124,081 371,313 25.05%
Total Non-Operating Revenue: 1,897,394 235,827 1,661,567 12.43%
Total Revenue 29,389,748 8,655,429 20,734,319 29.45%
Expenses (Operating):
Variable Water Costs (G.W., Import & Power) 13,671,538 4,667,323 9,004,215 34.14%
Salary Related Expenses 6,953,531 1,559,417 5,394,114 23.69%
Supplies & Services:
Communications 366,513 56,693 309,820 15.47%
Contractual Services 527,485 77,708 449,777 14.73%
Data Processing 119,645 29,383 90,262 24.56%
Dues & Memberships 55,682 24,997 30,685 44.89%
Fees & Permits 136,504 24,293 112,211 17.80%
Insurance 221,526 38,999 182,527 17.60%
Materials 352,642 90,186 262,456 25.57%
District Activities, Emp Recognition 20,757 2,381 18,376 11.47%
Maintenance 368,603 59,110 309,493 16.04%
Non-Capital Equipment 79,221 12,808 66,413 16.17%
Office Expense 45,714 9,887 35,827 21.63%
Professional Services 771,431 170,752 600,679 22.13%
Training 48,625 10,769 37,856 22.15%
Travel & Conferences 49,649 3,262 46,387 6.57%
Uncollectible Accounts 35,340 432 34,908 1.22%
Utilities 113,925 22,846 91,079 20.05%
Vehicle Equipment 278,209 60,559 217,650 21.77%
Supplies & Services Sub-Total 3,591,471 695,065 2,896,406 19.35%
Total Operating Expenses 24,216,540 6,921,805 17,294,735 28.58%
Expenses (Non-Operating):
Interest on Long Term Debt 1,906,426 476,565 1,429,861 25.00%
Other Expense 117,193 9,466 107,727 8.08%
Total Non-Operating Expenses: 2,023,619 486,031 1,537,588 24.02%
Total Expenses 26,240,159 7,407,836 18,832,323 28.23%
Net Income (Loss) Before Capital Contributions 3,149,589 1,247,593 1,901,996 39.61%
Capital Contributions - 16,537 (16,537) 0.00%
Net Income (Loss) Before Depreciation 3,149,589 1,264,130 1,885,459 40.14%
Depreciation & Amortization 4,628,999 1,339,117 3,289,882 28.93%
Total Net Income (Loss) ($1,479,410) ($74,987) ($1,404,423) 5.07%
Capital - Direct Labor - (87,558) 87,558 -
Yorba Linda Water District
Sewer Fund
For The Quarter Ending September 30, 2011
Original YTD YTD YTD
Budget Actual Under(Over) % of
FY 2012 FY 2012 Budget Budget
Revenue (Operating):
Sewer Charge Revenue $1,548,550 $357,343 $1,191,207 23.08%
Locke Ranch Assessments 159,862 491 159,371 0.31%
Other Operating Revenue 57,001 83,386 (26,385) 146.29%
Total Operating Revenue: 1,765,413 441,220 1,324,193 24.99%
Revenue (Non-Operating):
Interest 20,000 3,709 16,291 18.55%
Other Non-Operating Revenue 3,975 259,443 (255,468) 6526.87%
Total Non-Operating Revenue: 23,975 263,152 (239,177) 1097.61%
Total Revenue 1,789,388 704,372 1,085,016 39.36%
Expenses (Operating):
Salary Related Expenses 987,772 232,254 755,518 24.36%
Supplies & Services:
Communications 30,587 4,976 25,611 16.27%
Contractual Services 40,135 7,026 33,109 17.51%
Data Processing 9,005 999 8,006 11.09%
Dues & Memberships 4,505 1,874 2,631 41.60%
Fees & Permits 14,066 1,812 12,254 12.88%
Insurance 16,674 13,533 3,141 81.16%
Materials 35,703 6,118 29,585 17.14%
District Activities, Emp Recognition 1,562 175 1,387 11.20%
Maintenance 74,267 17,006 57,261 22.90%
Non-Capital Equipment 18,799 5,750 13,049 30.59%
Office Expense 3,415 744 2,671 21.79%
Professional Services 80,769 28,838 51,931 35.70%
Training 5,100 1,333 3,767 26.14%
Travel & Conferences 4,202 331 3,871 7.88%
Uncollectible Accounts 2,660 14 2,646 0.53%
Utilities 9,575 1,841 7,734 19.23%
Vehicle Equipment 78,341 11,169 67,172 14.26%
Supplies & Services Sub-Total 429,365 103,539 325,826 24.11%
Total Operating Expenses 1,417,137 335,793 1,081,344 23.70%
Expenses (Non-Operating):
Other Expense 6,000 - 6,000 0.00%
Total Non-Operating Expenses: 6,000 - 6,000 0.00%
Total Expenses 1,423,137 335,793 1,087,344 23.60%
Net Income (Loss) Before Capital Contributions 366,251 368,579 (2,328) 100.64%
Contributed Capital - 17,044,889 (17,044,889) 0.00%
Net Income (Loss) Before Depreciation 366,251 17,413,468 (17,047,217) 4754.52%
Depreciation & Amortization 932,700 269,159 663,541 28.86%
Total Net Income (Loss) ($566,449) $17,144,309 ($17,710,758) -3026.63%
Capital - Direct Labor (8,354) 8,354
ITEM NO. 10.1
AGENDA REPORT
Meeting Date: December 8, 2011 Budgeted: Yes
Total Budget: $90,000
To: Board of Directors
Funding Source: Water Operating Fund
From: Ken Vecchiarelli, General Manager Account No: 1-1010-0440-00
Presented By: Ken Vecchiarelli, General Manager Dept: Board of Directors
Reviewed by Legal: N/A
Prepared By: Cindy Botts, Management Analyst CEQA Compliance: N/A
Subject: Board of Directors Compensation
SUMMARY:
The Water Code, Section 20202, permits water districts to increase the compensation amount for Board
member meeting attendance each calendar year.
STAFF RECOMMENDATION:
That the Board of Directors consider the Directors' compensation for Calendar Year 2012.
COMMITTEE RECOMMENDATION:
The Executive-Administrative-Operational Committee reviewed this item on November 30, 2011 and did
not recommend an increase in Directors' compensation at this time.
DISCUSSION:
The level of compensation for attendance at Board and Committee meetings is currently $150 per day,
limited to 10 days per month, pursuant to Water Code Section 20202. Section 20202 allows for an
increase in compensation of up to five percent for each year following the date of the last adjustment. As
the last adjustment was made in 2001, the Board of Directors is eligible for an increase in compensation
up to $256.55 per day, with a maximum of 10 days per month. The Board could choose a compensation
rate at any level up to the maximum allowed.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors last increased their meeting compensation rate in 2001, and prior to that, in 1991.
Approved by the Board of Directors of the
Yorba Linda Water District
12/8/2011
MB/RC 5-0
NOT increasing the Directors' compensation
rate for the upcoming calendar year.
ITEM NO. 10.2
AGENDA REPORT
Meeting Date: December 8, 2011
To: Board of Directors
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General
Manager
Reviewed by Legal: Yes
Prepared By: Damon Micalizzi, Public
Information Officer
Subject: Resolution Requesting a Seat on the Orange County Sanitation District Board
SUMMARY:
As the sole sewer service provider for the City of Yorba Linda, YLWD is requesting a seat on the
Orange County Sanitation District Board of Directors in order to more directly represent its
ratepayers in the collection, transmission and treatment of their sanitary sewer flows.
STAFF RECOMMENDATION:
That the Board of Directors adopt Resolution No. 11-19 Requesting a Seat on the Orange County
Sanitation District Board of Directors.
COMMITTEE RECOMMENDATION:
The Executive-Administrative-Organizational Committee discussed this matter at its meeting held
November 30, 2011 and supports staff's recommendation.
DISCUSSION:
As a result of the Sewer Transfer Agreement with the City of Yorba Linda (reference copy
attached), which went into effect on July 1, 2011, the Yorba Linda Water District is now solely
responsible for the collection and transportation of sewage within city limits. This area represents
approximately 20,000 of the 25,500 YLWD sewer accounts, including residential, commercial, and
industrial customers. These customers submit payments for services directly to YLWD and the
District is accountable for justifying its rates and services directly to these customers.
Attached is a resolution prepared for the Board's consideration requesting YLWD's representation
on the OCSD Board of Directors, along with a letter from the City of Yorba Linda supporting the
concept of an additional seat for YLWD on the OCSD Board.
ATTACHMENTS:
Na; rye: Description: u ype:
Yorba Linda, City of
Agreement Backup Material
Transfer of Public Sewer System.pdf
City Position on OCSD Board.pdf Correspondence Backup Material
Resolution No. 11-19.docx Resolution No. 11-19 Resolution
Approved by the Board of Directors of the
Yorba Linda Water District
12/8/2011
MB/RK 5-0 Roll Call
Pt 1;LI C IS LW ft. F ~ ~-,TLM 1 RAC -,F ER r (,,ItFE IVN-1'
"THIS PUBLIC; SEWER TRANSFER AGREEMENT ("Agreement") is trade and
entered into on 7 , 2011, by and between the YORBA LINDA WATER
DISTRICT, a loca public agency, created and operating under authority of Division 12 of the
California Water Code ("District"), and the CITY OF YORBA LINDA, a municipal
corporation organized and existing under `Title 4, Section 34000 et seq. of the California
Goverttnient Code ("City") (collectively referred to herein as the "Parties,").
RECITALS
WHEREAS, both the District and City have the legal power and authority to provide both water
and sewer services to the lands and inhabitants within their respective boundaries. The purpose
of this Agreement is to further strengthen a stable and compatible working relationship between
the Parties with the goal of consolidating sewer service under one agency to maximize
efficiencies for the overall benefit and enjoyment of the residents, businesses and other
stakClio k1Grs ("Scrv ice lieneticiaries") ol, the Yorba Linda area: and
WHEREAS, the District currently provides scv~er service to approximately ttivo thirds of' the
residents and businesses connected to the public sewer system within the City limits. `The
District provides water service to all areas within the City, with the exception of a small portion
known as the Locke Ranch area, which is served by an investor-owned public utility. 'The
District provides sewer service to the Locke Ranch area and water service to portions of the
Cities of Anaheim, Brea, Placentia, and to a portion of an unincorporated County of Orange
territory. Additionally, the District provides sewer service to the West End Yorba Linda Area
(approximately 151000 services) along with a portion owned by the City (approximately 3,000
services) generally located easterly of I°airmont Blvd and westerly of San Antonio Road, with
I-airtnotit to the north. and Lsperanr.a to the SOLIth: and
NN 1-lERL/XS, pelrsuant to the "Agreement for the Provision of 1\ ater and der,ver ;SerxIces", dated
October 3, 1977, the City currently provides sewer service to the East Yorba Linda Area
(approximately +6,100 services).. which generally extends easterly of San Antonio Road ('East
Yorba Linda Area"), and
WHEREAS, the governing bodies of the District and the City have determined that it would be
in the best interest of their Service Beneficiaries for District to acquire the sewer collection
system currently owned by the City and generally described in the preceding recitals: and
WHEREAS, the City desires to transfer and assign to the District, at no cost to District, such
sewer collection facilities, and the associated parcels of real property, easement rights and other
associated assets on the terms and conditions herein set forth, free and clear of all liens, and
1'I lit 1( wl l R I k,\ti ;l LP 1t i1Z1. 1%11 % I
Cit-v (4 Y0171M I 11ILLI - Yorba Linda Water District
P,o..c I
District desires to acquire such sewer collection facilities and the responsibility to provide
continuing sewer service to the residents of the City of Yorba Linda; and
WHEREAS, it is the objective of the Parties that the transfer of such sewer collection facilities
be accomplished in a manner that will maintain equity to the ratepayers and property owners in
the City of Yorba Linda and in the District's service area.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and
conditions herein, the Parties agree as follows:
i
AGREEMENT
1.0. EFFECTIVE DATE. This Agreement shall be effective upon execution by all
Parties. All assets, liabilities, contractual rights and obligations, and any other
real or personal property or other interest whatsoever of the City, related to the
Sewer Collection Facilities, as defined in Section 3.1, shall be transferred to the
District in accordance with this Agreement, and all approvals and permits
required from regulatory or jurisdictional agencies (e.g. Regional Water Quality
Control Board or Local Agency Formation Commission) for the transfer of the
Sewer Collection Facilities by July 1, 2011 ("Transfer Date").
2.0. MUTUAL CONSIDERATION. In reliance on the City's disclosures and
representations, and in exchange for mutual consideration provided by the terms,
conditions, covenants, and promises of this Agreement and the transfer of the
Sewer Collection Facilities, the District agrees to assume the obligation and
responsibility to provide sewer service and maintenance to the East Yorba Linda
Area. In consideration for the District assuming the obligation and responsibility
to provide sewer service and maintenance to the East Yorba Linda Area, the City
agrees to transfer the Sewer Collection Facilities to the District.
3.0. TRANSFER OF ASSETS. Subject to the terms and conditions of this
Agreement, on the Transfer Date, the City transfers and assigns to the District,
and District accepts, all of the City's right, title and interest in and to the
following assets, rights, claims, properties and interests that the City owns,
(collectively, the "Transferred Assets"):
M. Sewer Collection Facilities. All of the City's right, title and interest in and
to the Sewer Collection Facilities owned, leased or otherwise possessed by the
City.")
3.2. Easement Deeds and Real Property. All of the City's rights to access or
use any real property or rights, title and interest to real property (including by
lease, license, permit or easement) directly or indirectly used in the operation of
the Sewer Collection Facilities, including, without limitation, any leases,
easements, and real properties.
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 2
3.3. Permits. All approvals, consents, licenses, permits, waivers or other
authorizations issued, granted, given, applied for at the time of the Transfer Date
or otherwise made available by or under the authority of any governmental
authority (other than the City) for the ownership or operation of any Sewer
Collection Facility, including, without limitation, any Permits to the extent such
Permits are assignable.
3.4. Sewer Related Inventory Items. Any and all inventory items utilized for
the maintenance, repair, replacement, or rehabilitation of the Sewer Collection
Facilities.
4.0. DISTRICT'S SERVICE OBLIGATIONS. Commencing on the Transfer Date,
the District will provide continuing sewer service to all residents in the City. The
District shall be responsible for the Fats, Oils and Grease (FOG) program for the
sewer service area transferred pursuant to this Agreement in addition to and to the
same standards as the areas already covered by the District per the Waste
Discharge Requirements (WDR's) regulated by the State of California Water
Resources Control Board.
5.0. MODIFICATION OF PRIOR AGREEMENT. The Parties hereby modify the
"Agreement for the Provision of Water and Sewer Services" between the City of
Yorba Linda and the Yorba Linda Water District, dated October 3, 1977 (the
"1977 Agreement") as specified below. Except as expressly modified herein, the
1977 Agreement shall remain in full force and effect. To the extent that there is
inconsistency between this Agreement and the 1977 Agreement, the terms of this
Agreement shall govern.
5.1. Paragraph 10 of the 1977 Agreement is deleted in its entirety and the
following paragraph is substituted in its place:
"10. Water and Sewer Services. Water and sewer services
to all areas within the City, including future territory
annexed thereto, shall be provided by the District. The City
agrees not to provide such services. The terms of this
paragraph shall not limit the ability of the District to supply
water and sewer services outside the boundaries of the City.
The District shall be responsible for the design,
construction, operation, maintenance, repair and
replacement of all facilities, including in-tract subdivision
systems, necessary to provide such water and sewer
services. Developers applying to the District for water and
sewer services shall comply with all of its rules and
regulations, provided that such water and sewer services
and conditions imposed by the District shall be in accord
with generally accepted standards for public water and
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 3
sewer supply systems. Nothing contained in this
Agreement shall in any way limit the authority of the
District in connection with its legal powers to supply water
and sewer services."
5.2. Paragraph 12 of the 1977 Agreement , formerly entitled "City Sewer
Service Area," is deleted in its entirety and the following paragraph is substituted
in its place:
"12. District Sewer Service Area. The District shall
provide sewer service to all of those areas within the City,
including future territory annexed thereto, as shown on
Exhibit `A' as the `City Sewer Service Area."'
5.3 Paragraphs 13, 14, 15, 16, and 17 remain in full force and effect except
where the context requires that the word "City" be substituted by the word
"District" in order to be consistent with Paragraph 10, as amended by this
Agreement, and the District's assumption of obligations and responsibilities under
this Agreement.
6.0. DISCLOSURES and REPRESENTATIONS. The City has made the
following disclosures and representations to the District in connection with this
Agreement. The City represents that the information and documents provided to
the District as described below are complete and that the City has no knowledge
of additional information or documents that have not been provided to the District
and that would be material to these disclosures and representations. The District
enters into this Agreement in reliance on the following disclosures and
representations.
6.1. The City hereby represents that it will provide copies to the District with a
full accounting of monies and funds collected and expended to operate the Sewer
Collection Facilities, including but not limited to Income and Expense reports,
Balance Sheets, a listing of bad debts/delinquencies and audit reports for FY
200$109, FY 2009/10 and when available, for FY 2010111.
6.2. The City hereby represents that it has provided prior access to existing
records and will provide permanent copies of any such records within thirty days
of the Transfer Date, to the District any and all maintenance records, repair
records, construction documents, purchase documents (including receipts and
written warranties), and/or logs that relate to the Sewer Collection Facilities for
the period January 2005,[A11 to the present.
6.3. The City hereby represents that it has provided the District with access to
any and will provide permanent copies to the District within thirty days of the
Transfer Date of all as-built maps, specifications, and/or mapping documents that
relate to the Sewer Collection Facilities.
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 4
6.4. The City hereby represents that it has provided the District with access to
any and will provide permanent copies to the District within thirty days of the
Transfer Date of any and all information and documentation related to the Fats,
Oil and Grease (FOG) Program currently mandated in the Waste Discharge
Requirements (WDR). This provision of information, however, shall not relieve
the City of compliance obligations under this Agreement, as discussed below.
6.5. The City hereby represents that it has provided the District with access to
any and will provide permanent copies within thirty days of the Transfer Date any
and all information, correspondence, permits and/or orders related to industrial
waste discharge for the period 005?1A21 to the present.
6.6. The City hereby represents that this Agreement pertains to the Sewer
Collection Facilities only, which is a portion of the sanitary sewer system that
serves the City of Yorba Linda, and that the Agreement does not pertain to storm
drains.
6.7. The City hereby represents that it holds in good standing and is currently
in compliance with all permits and licenses necessary to operate the Sewer
Collection Facilities and has not violated any applicable laws, rules or regulations
in connection with its operation of the Sewer Collection Facilities.
6.8. The City hereby represents that it is currently aware of no claim or threat
of litigation against the City or its assets in connection with the construction,
operation or maintenance of the Sewer Collection Facilities, nor has the City been
notified of any investigation or inquiry by any governmental agency or authority
into the operation of the Sewer Collection Facilities.
6.9. The City hereby represents that no third party holds a security interest or
encumbrance in the Sewer Collection Facilities, the Easements, or any funds that
will be provided to the District pursuant to this Agreement.
6.10. The City hereby represents that it holds clear title to all real property
interests identified in paragraph 3.2.
6.11. The City hereby represents that all approvals, consents, licenses, permits,
waivers or other authorizations issued, granted, given, applied for at the time of
the Transfer Date or otherwise made available by or under the authority of any
Governmental Authority (other than the City) for the ownership or operation of
the Sewer Collection Facility identified in paragraph 3.3.
6.12. The City hereby represents that all inventory items it currently utilizes for
the maintenance, repair, replacement and/or rehabilitation of the Sewer Collection
Facilities are accounted for and will be transferred to the District within thirty
days of the Transfer Date.
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 5
i
7.0. SEWER FUND AND INCOME. The City agrees to remit to the District any
and all unexpended sewer related funds paid directly by the residents or collected
from the property tax billings for sewer maintenance charges through to the
Transfer Date. Effective as of the Transfer Date, if the City continues to derive
income from the property tax billings for the sewer maintenance charge placed on
the County of Orange tax roll for the sewer customers served by the City for FY
2010/11, the City agrees to remit to the District, any and all subject sewer related
income previously described within 45 days of receipt of the funds from the
County.
8.0. GREENCREST LIFT STATION REPLACEMENT. Notwithstanding any
other provision in this Agreement, the Parties mutually agree that the sewer lift
station located on Greencrest Drive, which provides service to seven residential
homes, requires replacement at this time. The City agrees to provide the funding
for the replacement of the lift station. Said funding may be included in and
provided by the remittance identified in Section 7.0, providing said remittance is
sufficient to fund the project, which is currently estimated at $175,000. The
District agrees to coordinate the replacement effort, including soliciting
engineering estimates, preparing bid documents, soliciting bids, and awarding a
contract for replacement, commencing in the first fiscal year following the Sewer
Facilities Tranfer.
9.0. WASTEWATER RATE STUDY. The City agrees to authorize the consulting
firm of PBSJ to provide District with any and all information, including working
documents, calculations and analysis, the District may deem necessary to assess
and evaluate the City of Yorba Linda Wastewater Rate Study prepared by PBSJ,
dated April, 2010 and adopted by the City on July 20, 2010.
10.0. ORANGE COUNTY SANITATION DISTRICT REPRESENTATION. The
City agrees to support District membership representation on the Orange County
Sanitation District Board and support the appointment of a representative from the
District. The District representative shall be selected by the District's Board of
Directors.
11.0. REGULATORY AND JURISDICTIONAL AGENCY SUPPORT. The City
agrees to support and provide assistance where applicable, to the District, in the
event permits, approvals or other documentation are required from regulatory or
jurisdictional agencies (e.g. Regional Water Quality Control Board or Local
Agency Formation Commission) for the transfer of the Sewer Collection Facilities
to be finalized. The District, at its own expense, shall be the lead agency and
shall secure the necessary permits or approvals required from regulatory or
jurisdictional agencies for the transfer of the Sewer Collection Facilities.
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 6
12.0. REIMBURSEMENT BY CITY FOR RELOCATION. The City
acknowledges that most of the Sewer Collection Facilities are located in the
public right of way. In the event City requires District to relocate any portion of
the Sewer Collection Facilities transferred by this Agreement after the Transfer
Date, the City agrees to pay, in advance of commencement of construction, all
costs incurred by the District for such relocation, including design and
engineering fees, material costs and construction cost except as noted in Section
13.0.
13.0. AJUSTMENT OF WATER VALVE AND SEWER MANHOLE COVERS.
The District agrees to adjust water valve and sewer manhole covers to grade at
their cost for all water valve and sewer manhole covers within City right-of-way
or City easements upon written request of the City. When the adjustments are
related to a City construction project, the City shall submit the unit costs for such
work to the District. The District shall approve or disapprove the unit costs
within 10 working days. If the unit costs are approved, the District shall authorize
the City to perform the work and reimburse the City for the cost of such services.
If the District does not approve the unit costs, the District shall perform the work
itself in coordination with the City's construction contractor. When the
adjustment request is not related to an ongoing City construction project, the
adjustments shall be completed by the District within 15 working days.
14.0. COORDINATION OF DISTRICT AND CITY PROJECTS.
The District and City shall meet as required to coordinate proposed projects to
minimize disruption to the public and to avoid destruction of newly placed
improvements. District and City staff shall meet to review and discuss their seven
year Capital Improvement Programs and to plan projects accordingly.
15.0. TRANSFER OF SUPLUS PROPERTY
Subject to the terms and conditions of this Agreement, the District hereby
transfers and assigns to the City, and City accepts, all of the District's right, title
and interest in and to the asset known as the "Brush Canyon Chlorination
Building", located on the east side of Brush Canyon Park. Brush Canyon
Chlorination Building encompasses Parcel 1 on Exhibit "B" hereto and will be
declared surplus and transferred to the City within six (6) months of the Transfer
Date.
16.0. LIMITED ASSUMPTION OF LIABILITIES. The District shall assume the
following listed liabilities for the ongoing operation of the Sewer Collection
Facilities.
16.1. All accounts payable first. accruing from and after the Transfer Date. The
City shall retain all responsibility for collection and recovery of accounts payable
accruing prior to the Transfer Date.
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 7
16.2. All performance obligations, including payment, under the following
contracts between the City and third parties related to the Sewer Collection
Facilities. The City assumes all responsibility for obtaining written assignment or
transfer of these contracts, as may be required.
17.0. INDEMNIFICATION.
17.1. Except as specifically identified and assumed in this Agreement, the District
shall not assume any liabilities or potential liabilities of the City, known or
unknown, that existed as of the Transfer Date relating to contracts, claims, lawsuits,
debts, permits, fines, penalties, interest, treatment charges, or other costs related to
the Sewer Collection Facilities. City shall indemnify, hold harmless and defend the
District at the City's own cost, expense and risk, against any and all claims, suits,
actions or other legal proceedings of every kind that may be brought or instituted
against District or any of its directors, officers, employees, agents, representatives,
successors and/or assigns relating to the Sewer Collection Facilities during any
period of time prior to the Transfer Date, irrespective of when the claim, suit,
action or other legal proceeding was or is initiated. City shall pay and satisfy any
judgment, award or decree that may be rendered against District or any of its
directors, officers, employees, agents, representatives, successors and assigns or
authorized volunteers, in any and all such aforesaid suits, actions, or other legal
proceedings.
17.2. The District shall indemnify, hold harmless and defend the City at the
District's own cost, expense and risk, against any and all claims, suits, actions or
other legal proceedings of every kind that may be brought or instituted against City
or any of its Council, officers, employees, agents, representatives, successors
and/or assigns arising out of or relating to the obligations expressly assumed in
this agreement to District's performance of its duties, as established herein,
and/or relating to the Sewer Collection Facilities after the Transfer Date.
18.0. FEES AND COSTS.
18.1. Each Party shall bear its own fees, costs or expenses, including attorney's
fees and consultant fees, incurred in connection with the preparation, negotiation,
finalization, approval or documentation of this Agreement and the related
documents and transactions contemplated herein, regardless of when incurred.
18.2. In the event of any action arising out of, or in connection with,
enforcement of this Agreement, the prevailing Party shall be entitled to have and
recover, in addition to damages, injunctive or other relief, its reasonable costs and
expenses, including without limitation, its attorney's fees.
19.0. NOTICES. Unless otherwise expressly stated in this Agreement, all notices,
requests and other communications under this Agreement shall be in writing and
shall be delivered (i) in person, (ii) by registered or certified mail, return receipt
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 8
i
requested, (iii) by recognized overnight delivery service providing positive
tracking of items (for example, Federal Express), or (iv) by facsimile or other
electronic transmission if a copy is sent simultaneously by a method described in
clause (i), (ii) or (iii), addressed as hereinafter provided or at such other address of
which the City or the District shall have given notice as provided in this Section.
All such notices, requests and other communications shall be deemed to have
been sufficiently given for all purposes hereof only upon receipt by the party to
whom such notice is sent. Notices by the parties may be given on their behalf by
their respective attorneys. Notices should be provided in accordance with this
Section at the following addresses:
I
District: General Manager
Yorba Linda Water District
P.O. Box 309
Yorba Linda, California 92885-0309
City: City Manager
City of Yorba Linda
PO Box 87014
Yorba Linda CA, 92885-8714
20.0. SEVERABILITY. If one or more provisions of this Agreement shall be held
invalid, illegal or unenforceable, such provision shall, to the extent possible, be
modified in such manner as to be valid, legal and enforceable but so as to most
nearly retain the intent of the parties, and if such modification is not possible,
such provision shall be severed from this Agreement. In either case, the balance
of this Agreement shall be interpreted as if such provision were so modified or
excluded, as the case may be, and shall be enforceable in accordance with its
terms.
21.0. ENTIRE AGREEMENT. This Agreement, together with the Exhibits,
contemplated hereby, embodies the entire understanding and agreement of the
City and the District with respect to the subject matter of this Agreement and
merges and supersedes all prior representations, agreements, and understandings,
whether oral or written, between the City and the District with respect to the
subject matter hereof, including, without limitation, any and all written or oral
statement or representations by any official, employee, agent, attorney, consultant,
or independent contractor of the City or the District.
22.0. COUNTERPARTS. This Agreement may be executed in two or more
counterparts, including by means of faxed signature pages, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument.
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 9
i
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered into as
of the day and year written above.
District: City:
Yorba Linda Water District City of Yorba Linda
r
By By:
c ael J. Bev Nancy Rik
President of the and of Directors Mayor, City of Yorba Linda
ATTEST
ATTEST:
Kenneth Vecchiarelli Marcia Brown, City Clerk
Secretary of the Board of Directors City of Yorba Linda
APPROVED AS TO FORM: APPROVED AS TO FORM:
By:/ By:
Arthur G. Kidman, General Counsel Todd Litfi , City Attorney
McCormick, Kidman and Behrens, LLP City of Yorba Linda
Attachments: Exhibit A: Sewer Collection Facilities
Exhibit B: Brush Canyon Chlorinator
Pl-i[:jL.IC SI:Wt~al fl~A,NSi~I_~I~ A{~}~f?IiMfiNE
City of Yorba Lurda Yorba Linda Water District
Page 10
1
- pp
JUN 29 2011
A
_ P, Q. E3 COX e7014 CA1. IFORNIA 19288-£3714 (114'+ 961 741© pp
FAX t)9-3-7530
OFFICE OF THE CITY MANAGER
June 28. 2011
Ken Vecchiarelli
General Manager
Yorba Linda Water District
1717 F. Miralonia Ave.
Placentia, CA 92870
Re. Orange County Sanitation District Board
Dear Ken;
Prior to the Public Sewer Transfer Agreement ("Agreement") between the City of Yorba
Linda ("City") and the Yorba Linda Water District ("District") goes into effect" I wanted to touch
base: with you on an issue so that we are both on the same: page:. Apparently, the District is
attempting to obtain a seat on. the Orange County Sanitation District OCSD") Board. Section
10 of t he Agrectnent states:
The City agrees to support District membership representation on the Orange County
Sanitation District Board and support the appointment of` a representative from the
District. The. District representative shall be selected by the District's Board of Directors.
As outlined in the letter dated August 18, 2010, from the OCSD's General Counsel
Bradley Hogin of Woodruff, Spradlin & Smart in response to the District's initial inquiry about
membership on the OCSD Board, Heaitih and Safety Code Section 4730.65 specifies the
composition of the OCSD Board. Under Section. 47 30.65, other than for a few exceptions that
do not apply to this situation, one member of each city council of each city located wholly or
partially with the 0CSD is entitled to a seat on the OCSD Board. Therefore, the. City will
continue to have a seat on the OCSI) Board after the Agreement goes into effect on July 1, 2011.
Kett Vecchiarelli
June ?8, 2011
Page Z
The City, as Section 10 of the Agreement states and as you and I recently discussed, will
support District membership as an additional member sitting along with the City on the QCSD
Board. The City may do this by supporting a change to the legislation which currently prohibits
District membership. However, the City will not relinquish its membership on the OCSD Board
to the District and the City will not support any effort to remove the City from the OCSD Board
in any manner. The Agreement merely requires the City to support District membership on the
Board. The Agreement does not require the City to relinquish, and the City will not relinquish,
its own membership on the Board.
Very truly yours,
CITY O YOR13A LINDA
Steven A. Rudometkin
Cc: John Andersen-OCSD Board Member/ City of Yorba Linda
James Muth-General Manager/DCSD
RESOLUTION NO. 11-19
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
YORBA LINDA WATER DISTRICT
REQUESTING A SEAT ON THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT
WHEREAS, the Yorba Linda Water District was formed and operates under the County
Water District Law (Water Code § 30000, et seq.) and thereby is
authorized to acquire, construct and operate facilities for the collection,
treatment and disposal of sewage, waste and storm water of the district
and its inhabitants; and
WHEREAS, the Yorba Linda Water District is the sole provider of sewer service within
the community of Yorba Linda; and
WHEREAS, when the Yorba Linda Water District acquired the last portion of the sewer
system serving the community of Yorba Linda, the City of Yorba Linda
agreed as follows:
ORANGE COUNTY SANITATION DISTRICT REPRESENTATION. The
City agrees to support District membership representation on the Orange
County Sanitation District Board and support the appointment of a
representative from the District. The District's representative shall be
selected by the District's Board of Directors.
WHEREAS, on June 28, 2011 the City of Yorba Linda wrote a letter to the Yorba Linda
Water District (copy attached) supporting the District's request for a seat
on the Board of Directors of the Orange County Sanitation District for a
representative to by appointed by and from the Board of Directors of the
Yorba Linda Water District; and
WHEREAS, legal counsel to Orange County Sanitation District has advised Yorba
Linda Water District that the County Sanitation District Act (Health &
Safety Code §4700, et seq.) may need to be amended to accommodate a
seat on the Board of Directors of the Orange County Sanitation District for
a representative appointed by and from the Board of Directors of Yorba
Linda Water District.
Resolution No. 11-19 Requesting a Seaton the Board of Directors of the Orange County Sanitation District 1
NOW, THEREFORE, the Board of Directors of the Yorba Linda Water District does
hereby resolve as follows:
Section 1. The Board of Directors of the Yorba Linda Water District petitions the
Board of Directors of the Sanitation District of Orange County to seat on
the Board of Directors of the Orange County Sanitation District a
representative to be appointed by and from the Board of Directors of the
Yorba Linda Water District.
Section 2. The Board of Directors further petitions the Board of Directors of the
Sanitation District of Orange County to join with the Yorba Linda Water
District and the City of Yorba Linda to seek, if deemed necessary, an
amendment to the County Sanitation District Act to accommodate seating
a representative on the Board of Directors of the Orange County
Sanitation District to be appointed by and from the Board of Directors of
the Yorba Linda Water District.
Section 3. The General Manager is authorized and directed to deliver this resolution
to the Board of Directors of the Orange County Sanitation District.
PASSED AND ADOPTED this 8th day of December 2011 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
President
Yorba Linda Water District
ATTEST:
Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Arthur G. Kidman
Kidman, Behrens & Tague, LLP
Resolution No. 11-19 Requesting a Seaton the Board of Directors of the Orange County Sanitation District 2
ITEM NO. 10.3
AGENDA REPORT
Meeting Date: December 8, 2011 Budgeted: Yes
To: Board of Directors
Funding Source: All Funds
From: Ken Vecchiarelli, General
Manager
Presented By: Gina Knight, HR/Risk Manager Dept: Human
Resources/Risk
Management
Reviewed by Legal: Yes
Prepared By: Gina Knight, HR/Risk Manager CEQA Compliance: N/A
Subject: Employee Agreements for the Period July 1, 2011 through June 30, 2012
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, 2011 through June 30, 2012. Both the District's
Supervisory/Confidential and Management Employee groups are unrepresented and are following
suit with the same provisional changes where applicable.
STAFF RECOMMENDATION:
That the Board of Directors adopt:
1. Resolution No. 11-20, the Memorandum of Understanding and Pay Plan with the Yorba Linda
Water District Employees Association;
2. Resolution No. 11-21, the Employee Compensation and Terms of Employment for the
Supervisory/Confidential Employees;
3. Resolution No. 11-22, the Employee Compensation and Terms of Employment for Management
Employees.
All agreements are for the period of July 1, 2011 through June 30, 2012.
COMMITTEE RECOMMENDATION:
From the period of February 24, 2011 through November 2, 2011, staff met and conferred with
representatives of the Yorba Linda Water District Employees Association to negotiate a
Memorandum of Understanding (MOU) for FY 2011-2012.
On Novemebr 17, 2011, the Employees Association held an election to agree to accept the 2011-
2012 MOU with changes to the Stand-by language. The highlights of the 2011-2012 MOU include:
1. One year contract;
2. No Cost of Living Adjustment;
3. Merit increases based on job performance;
4. Increases to Stand-by Compensation;
5. Changes to Stand-by language;
6. Implementation of a 4/10 Work Schedule;
7. Implementaion of a Two Tier Retirement for new hires (2% @ 60);
8. Requiring all new hires to pay 100% of the CalPERS employee contribution rate;
9. Elimination of Retiree Insurance Benefits for new hires;
10. A payment of $150 per FY for certificates acquired above and beyond the required Treatment
and/or Distribution certification for a specific classification within the Operations Department;
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, and
increased Stand-by compensation, which is not included in both agreements. Resolution Nos. 11-21
and 11-22 are also attached to this report for the Board of Director's consideration.
PRIOR RELEVANT BOARD ACTION(S):
On January 13, 2011, the Board of Directors adopted Resolutions No. 11-01, 11-02 and 11-03
approving the Memorandum of Understanding for Fiscal Year 2011-2012 with the Yorba Linda
Water District Employees Association (Resolution No. 11-01), the Employee Compensation and
Terms of Employment for Supervisory/Confidential Employees (Resolution No. 11-02) and the
Employee Compensation and Terms of Employment for Management Employees (Resolution No.
11-03).
ATTACHMENTS:
Narne: Description: Type:
Resolution _No._11-20.pdf Resolution No. 11-20 Resolution
Resolution No. 11-21.1?df Resolution No. 11-21 Resolution
Resolution _No._11-22.pdf Resolution No. 11-22 Resolution
Approved by the Board of Directors of the
Yorba Linda Water District
12/8/2011
Res. 11-20
RC/GM 3-2 Roll Call
MB and PH Voted No
Res. 11-21
MB/RC 4-1 Roll Call
PH Voted No
Res. 11-22
MB/RC 4-1 Roll Call
PH Voted No
RESOLUTION NO. 11-20
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 2011-
2012 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 2011-2012 as
attached hereto and by this reference incorporated herein including its
attachments Exhibits "A" through "D".
Section 2. That Resolution No. 11-01 is hereby rescinded.
PASSED AND ADOPTED this 8th day of December 2011 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
President
Yorba Linda Water District
Resolution No. 11-20 Adopting the MOU and Pay Plan Between the District and the YLWD Employees Association 1
ATTEST:
Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Arthur G. Kidman
Kidman, Behrens & Tague, LLP
Resolution No. 11-20 Adopting the MOU and Pay Plan Between the District and the YLWD Employees Association 2
MEMORANDUM OF UNDERSTANDING
2011-2012
BY AND BETWEEN THE YORBA LINDA WATER DISTRICT
AND
THE YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION
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TABLE OF CONTENTS
Paqe
ARTICLE 1. RECOGNITION .........................................................................4
ARTICLE 2. SALARY SCHEDULE ...............................................................4
Section 2.1 Salary Schedules ...........................................................4
Section 2.2 Employee PERS Contribution Rate ................................5
Section 2.3 Merit Increases ...............................................................5
Section 2.4 Acting Appointments ......................................................7
Section 2.5 Salary Deduction ............................................................8
Section 2.6 Probation 8
ARTICLE 3. OVERTIME AND COMPENSATORY TIME OFF ......................9
Section 3.1 Overtime .........................................................................9
Section 3.2 Compensatory Time .......................................................9
ARTICLE 4. STANDBY AND CALL OUT COMPENSATION ......................10
Section 4.1 Standby Compensation ................................................10
Section 4.2 Call-Out Compensation ................................................11
ARTICLE 5. INSURANCE ...........................................................................14
Section 5.1 Life Insurance ...............................................................14
Section 5.2 Health Insurance ..........................................................14
Section 5.3 Dental Insurance ..........................................................15
Section 5.4 Vision Coverage ...........................................................15
Section 5.5 Domestic Partners ........................................................16
Section 5.6 Retiree Insurance Benefits ...........................................16
Section 5.7 Cafeteria Plan ...............................................................17
Section 5.8 Long-Term Disability ....................................................18
ARTICLE 6. HOURS ...................................................................................18
ARTICLE 7. HOLIDAYS ..............................................................................20
ARTICLE 8. VACATION ..............................................................................21
ARTICLE 9. LEAVES ..................................................................................24
Section 9.1 Sick Leave ....................................................................24
Section 9.2 Disability Leave ............................................................26
Section 9.3 Leave of Absence Without Pay ....................................27
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Section 9.4 Maternity Leave ............................................................28
Section 9.5 Jury Duty/Court Testimony ...........................................28
Section 9.6 Bereavement Leave .....................................................29
Section 9.7 Emergency Leave Policy ..............................................29
ARTICLE 10. GRIEVANCE PROCEDURE ...................................................29
Section 10.1 Purpose 29
Section 10.2 Matters Subject to the Grievance Procedure ................30
Section 10.3 Informal Grievance Adjustment ....................................30
Section 10.4 Formal Grievance Procedure .......................................31
Section 10.5 General Conditions .......................................................31
ARTICLE 11. EMPLOYEE DISCIPLINE .......................................................33
Section 11.1 Forms of Discipline .......................................................33
Section 11.2 Procedure .....................................................................33
Section 11.3 Appeal of Disciplinary Action 34
ARTICLE 12. JOB POSTING ........................................................................37
ARTICLE 13. MISCELLANEOUS BENEFITS ...............................................37
Section 13.1 Safety Boot Allowance 37
Section 13.2 Reimbursement for Certificates ....................................37
Section 13.3 Education Reimbursement 38
Section 13.4 Uniforms .......................................................................40
Section 13.5 Job Description .............................................................40
Section 13.6 Extended Work Accommodation ..................................40
ARTICLE 14. DRUG POLICY .......................................................................41
ARTICLE 15. COMPLETION OF MEET AND CONFER ...............................41
ARTICLE 16. CONCERTED ACTIVITIES .....................................................42
ARTICLE 17. TERM OF AGREEMENT ........................................................43
ARTICLE 18. DISTRICT GOVERNING BOARD APPROVAL 43
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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 "A" (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 "B" will
remain in effect beginning July 1, 2011 through June 30, 2012. The salary
schedule reflects that no base salary increase is provided.
(b) Subject to the singular exception of deducting employee
health, dental, vision, supplemental life and supplemental accidental death and
dismemberment (AD&D) insurance contributions over 24 payroll periods, the
District employs 26 payroll periods of two (2) weeks each as a means of
distributing compensation.
(c) Upon implementing the 4/10 schedule, paychecks will be
distributed on the Thursday following the end of a payroll period, with the payroll
period commencing on a Sunday and ending on the last Saturday of the two (2)
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week period. If the Thursday payday falls on a holiday, the pay shall be
distributed on the prior day, a Wednesday.
(d) Employee payroll deductions for the employee share of
health, dental, vision, supplemental life and supplemental accidental death and
dismemberment (AD&D) insurance premium contributions shall be amortized
over 24 payroll periods and deducted during said 24 payroll periods.
Section 2.2 Employee PIERS Contribution Rate
During the remaining term of this MOU, as regards individuals employed
by the District on or before the adoption date of the 2011-2012 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 CalPERS is for a retirement benefit
based on the single highest year with a Fourth Level of 1959 Survivor Benefit
Program. However, individuals hired by the District after the adoption date of the
2011-2012 MOU, shall be enrolled in the 2% at 60 retirement formula and shall
pay 100% of the statutory CalPERS employee contribution to CalPERS.
Presently, such employee contribution rate is 7% of compensation.
Section 2.3 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
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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.
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
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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 2.4 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's 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 an amount closest to 5% more than
his/her normal rate of pay or shall be placed on step 1 of the range established
for the acting position whichever is higher. However, in no case shall said acting
position compensation be less than 4.5%. 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
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removed 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 2.5 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 2.6 Probation
Effective October 1, 2006, all new hires shall be subject to a twelve (12)
month probationary period. Such new hires shall accrue vacation commencing
with the start of employment but shall be ineligible to use accrued vacation time
prior to successful completion of six (6) months of service.
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.
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ARTICLE 3. OVERTIME AND COMPENSATORY TIME OFF
Section 3.1 Overtime
A. Non-exempt FLSA unit employees covered by this Memorandum of
Understanding who perform authorized work in excess of forty (40) hours in a
seven (7) day work period, 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 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.
B. Exempt employees covered by this Memorandum of Understanding
shall be compensated for overtime at a straight time rate, pursuant to all of the
conditions precedent to overtime eligibility as stated in Section 3(A) above.
C. Sick leave hours which are utilized by the employee, shall not be
considered hours worked for purposes of computing overtime eligibility, whether
pursuant to this MOU or pursuant to the requirements of the FLSA. Additionally,
vacation hours not authorized twenty-four (24) hours prior to use, shall not be
considered hours worked for purposes of computing overtime eligibility, whether
pursuant to this MOU or pursuant to the requirements of the FLSA. Utilized
compensatory time off shall be considered hours worked for purposes of
computing overtime eligibility.
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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
(Implementation of the following 1.5 hour minimum compensation at the
1.5 premium rate shall be effective on and after Board adoption of this MOU)
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
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paid a flat fee for each day he/she is assigned to standby duty. In those
instances where the standby occurs on Monday through and including Thursday,
the flat fee during the term of this MOU shall be Thirty Five Dollars ($35.00). In
those instances where the standby occurs on a District recognized holiday and/or
Friday through and including Sunday, the flat fee during the term of this MOU
shall be Fifty-Five Dollars ($55.00.)
A "standby day" for purposes of calculating standby compensation shall be
that period of time when a unit employee has been assigned to be available for
purposes of handling emergency situations arising at times other than normally
scheduled working hours and not as an extension of a regularly scheduled shift.
(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
compensation 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
Call-out compensation shall be defined and governed as follows:
A "call-out" occurs when a unit employee on assigned standby duty is
required to return to a District-designated worksite or is otherwise required to
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commence work following completion of the employee's regularly scheduled
work shift and following the employee's departure from the worksite at the end of
that regular scheduled work shift. Therefore, a "call-out" is not an extension of a
regular scheduled work shift.
Upon being initially "called-out" during each standby day, the employee
shall be entitled to a minimum compensation of two (2) hours at 1.5 times the
employee's base rate of pay, regardless of whether or not the initial call-out work
is completed in less than two (2) hours time. During any standby day, there shall
be only one, two (2) hour minimum compensation at 1.5 times the employee's
base rate of pay. If a subsequent call-out commences during the period of time
for which the employee has received the initial minimum compensation of two (2)
hours, there shall not be an additional minimum compensation for this
subsequent call-out. The employee shall be compensated at the rate of 1.5
times the employee's base rate of pay for all hours worked, over the initial two (2)
hour minimum compensation provided because of the initial call-out.
However, if a call-out occurs subsequent to the initial call-out and two (2)
hours or more have elapsed between commencement of the initial call-out and
commencement of the subsequent call-out, there shall be a one and one-half
(1.5) hour minimum call-out compensation provided to the employee for this
subsequent call-out. This one and one-half (1.5) hour minimum eligibility shall
repeat itself throughout the standby period as long as there is a one and one half
(1.5) hour or more passage of time between the initial of any subsequent call-out
and the following call-out.
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EXAMPLE: Start Shift 0700 - End Shift 1630
1630 1700 1730 1800 1830 1900 1930 1945 2000 2030 2100 2130 2200 2230 2300 2400
Call out 10 30 30
commences minute minute minutes
1800 & ends phone call
1900 call
= 2 hours x included .25 1.5
1.5 times in 2 hour hour hours
base hourly minimum at 1.5 at 1.5
rate times times
base base
hourly hourly
rate rate
Call-out commences at 1800 hours and is completed at 1900 hours. The
employee shall be paid two (2) hours compensation at 1.5 times the base hourly
rate. At 1930 hours, the employee commences a ten (10) minute electronic call.
No additional payment is due as the employee has already received the two (2)
hour minimum. At 1945 hours, the employee commences a thirty (30) minute
electronic call. The employee shall be paid for .25 additional hours at 1.5 times
the base hourly rate, as the employee has already received the two (2) hour
minimum. The call which lasted until 2015 hours commenced during the initial
two (2) hour minimum payment period of time but exceeded that period by fifteen
(15) minutes. However, if the initial call-out commenced at 1830 hours and is
completed at 1900 hours and the next call-out commenced at 2030 hours, the
employee would be eligible for a one and one-half (1.5) hour minimum call-out
payment at 1.5 times the employee's base hourly rate, because one and one half
(1.5) hours or more have passed between the initial call-out and the subsequent
call-out. It would not be until a subsequent call-out was to commence on or after
2200 hours that the employee would be eligible for an additional one and one-
half (1.5) hour minimum.
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Where a "call-out" requires the employee to leave his/her residence and
respond to a designated worksite, computation of compensable work hours shall
commence with and include travel time to and from the residence and the
worksite. Compensable work hours shall also include the time spent on the
telephone or other electronic device whereby the "call-out" is assigned and/or
efforts by telephone or other electronic devise are undertaken to address the
subject of the "call-out."
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 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. An employee may increase the coverage by up to an
additional $100,000 by authorizing the additional premium to be deducted from
his/her salary.
Section 5.2 Health 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
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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 to
cover the employee's share of the dependent coverage. 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.
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,
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commencing the first day of the month following the month of hire 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.
Section 5.6 Retiree Insurance Benefits
As regards individuals employed by the District on or before the adoption
of the 2011-2012 MOU, and 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
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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 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.
Individuals hired after the adoption date of this 2011-2012 MOU, shall be
ineligible to receive this benefit.
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.
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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 that may be required to work Fridays, 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 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
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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.
2. Effective as soon as is reasonably practicable after adoption of the
2011-2012 MOU, but not later than January 1, 2012 unit members shall be
assigned to a four (4) day workweek, consisting of ten (10) scheduled hours of
work each day (a 4/10 schedule.) The parties agree, understand and
acknowledge that management clearly and unequivocally has the right to
terminate the 4/10 schedule at any time during the term of the MOU or after, and
that any such termination of the 4/10 schedule shall not be subject to the meet
and confer process, either as to the management decision being made and/or as
to the impact of that decision. In such case, the schedule shall revert to the 9/80
schedule as it existed immediately prior to implementation of the 4/10 schedule.
Any District-proposed change to the 9/80 schedule shall be subject to the meet
and confer process. Employees shall continue to earn sick leave at the rate of
3.70 hours per payroll period.
3. 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 Thursday, and/or any hours on Friday, 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.
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Monday through Thursday, and/or all hours worked on Friday, 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. For purposes of holiday compensation, compensation shall be
equal to the number of hours that the employee normally would have worked
other than for the holiday.
For those unit employees whose scheduled work week is Monday
through Thursday, a holiday falling on a Friday or Saturday shall not result in
Thursday being a holiday, and a holiday falling on a Sunday, shall not result in
Monday being a holiday. Instead observed holidays that fall on a Friday,
Saturday or Sunday shall be recognized as floating holidays earned. The floating
holidays earned as a result of the above situation shall be used within 12 months
following the accrual of each floating 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.
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4. If unit employees, other than employees assigned to special shift
work, are required to work on a recognized 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.
ARTICLE 8. VACATION
1. Unit employees covered by this Memorandum of Understanding
shall receive annual vacation with pay in accordance with the following
provisions:
Full-time unit employees with an average regular work week of 40
hours shall accrue paid vacation at the following rate per month:
1St month but less 3.077 hrs/payroll period
than 60 months
Service
61 months but less 4.615 hrs/payroll period
than 180 months
Service
180 months plus 6.153 hrs/payroll period
Service
Part-time unit employees shall accrue paid vacation in proportion to
the average or normal hours worked as a part-time employee.
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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.
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,
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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 vacation time within any calendar
year for use during the same calendar year, provided that full and complete
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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
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dental leave is for the length of the 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:
Full-time unit employees with an average regular work week of forty
(40) hours shall receive paid sick leave at the rate of 3.70 hours per payroll
period.
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).
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 ten (10) hours shall have ten
(10) hours deducted from his/her accrued sick leave time for each regularly
scheduled working day that he/she is on paid sick leave.
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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 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.
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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.
2. The General Manager may grant a regular or probationary unit
employee a 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)
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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 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 employee is nonetheless selected for a jury where the jury duty exceeds
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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 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.
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Section 10.2 Matters Subject 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 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
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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 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.
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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 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.
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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
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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.
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
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facts supporting their recommendation that the discipline be sustained, modified,
or rejected. The determination of the full Board shall be final.
4. 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.
5. 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.
6. 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.
7. 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.
8. Each side will be allowed to examine and cross-examine witnesses.
9. 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.
10. The hearing officer shall, if requested by either party, subpoena
witnesses and/or require production of other relevant records or relevant
evidence.
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11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. Dismissal of a unit employee from the District service following the
pre-disciplinary meeting at the Personnel Officer level, shall:
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(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 Manager, shall be eligible for District-purchased boots in an amount
not to exceed $200.00, provided that the boots are from a list pre-approved by
the General Manager or his/her designee. The difference between $200.00 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. In addition, a one-time per fiscal year payment of $150.00 per
certificate shall be provided to an affected employee who has qualified for and
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been issued a State of California Department of Health Services Treatment
and/or Distribution certificate which has been determined in the sole discretion of
the General Manager to be relevant to the employee's duties and which is other
than a certificate which is a job requirement. The $150.00 payment shall apply
for any Distribution and/or Treatment Certificates issued by the State of California
Department of Health Services that are acquired above and beyond the required
certification for a specific classification within the District's Operations
Department and shall be issued during each year in which the applicable
certificate(s) remains valid and remains other than a certificate which is a job
requirement. The table below identifies the positions that require specific State
of California certifications.
CLASSIFICATION REQ'D TREATMENT REQ'D DISTRIBUTION
PLANT OPERATOR II T2 D3
SR. PLANT OPERATOR T2 D3
MAINT. WORKER I D1
(REQUIRED TO
ACHIEVE STEPS 8 AND
9 IN SALARY RANGE)
MAINT. DIST. OPERATOR II D2
MAINT. DIST. OPERATOR III D3
SR. MAINT. DIST. OPERATOR D3
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
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fees as charged by the California State University. Tuition shall not be granted for
on-line attendance or other attendances at what are referred to as "degree mills."
For purposes of this MOU only, a "degree mill" is an organization that awards
academic degrees and diplomas with substandard or no academic study and
without recognition by official educational accrediting bodies. These degrees are
often awarded based on vaguely construed life experience. Some such
organizations claim accreditation by non-recognized/unapproved accrediting bodies
set up for the purposes of providing a veneer of authenticity. 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 separation from District employment. Each
employee receiving funds pursuant to this Section shall sign a written agreement
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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. Additionally, the District provides a District-funded
cleaning service for the above pants and shirts with name and District logo.
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.
Section 13.6 Extended Work Accommodation
In any instance where at the direction of a supervisor, an affected
employee works sixteen (16) or more consecutive hours during a 24 hour period
of time said employee shall be provided at the end of the sixteen (16)
consecutive hours or longer assignment, with six (6) consecutive hours of non
work time before being compelled to commence a regularly scheduled shift or to
commence other duties on behalf of the District. In any instance where use of
the six (6) consecutive hour period results in the employee being excused from
scheduled hours of work, the employee shall have said hours credited as
compensable hours worked. In any instance where utilization of the six (6)
consecutive hour period would result in there being three (3) or less hours of
scheduled work shift time remaining should the employee return to his/her work
assignment, a manager shall have discretion to relieve the affected employee of
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the obligation to report to the District for the remainder of the scheduled hours of
work. Where the manager exercises that discretion, the three (3) or less
remaining hours of scheduled work shall be considered compensable hours
worked.
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.
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
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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. 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 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
THE YLWD EMPLOYEES ASSOCIATION MOU 201112012 42
526137.6 Y0030-013
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 17. TERM OF AGREEMENT
This agreement shall remain in force for the period of July 1, 2011 through
June 30, 2012 by resolution of the governing board of the District.
ARTICLE 18. 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.
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
John Brundahl Date Ken Vecchiarelli Date
President General Manager
Brian Vargas Date Gina Knight Date
Vice President Human Resources
& Risk Manager
Jennifer Hill Date
Director
THE YLWD EMPLOYEES ASSOCIATION MOU 201112012 43
526137.6 Y0030-013
Jimmy De Anda Date
Director
Eduardo Gutierrez Date
Secretary
Zane Woller Date
Treasurer
THE YLWD EMPLOYEES ASSOCIATION MOU 201112012 44
526137.6 Y0030-013
EXHIBIT A
YORBA LINDA WATER DISTRICT
BARGAINING UNIT EMPLOYEES ASSOCIATION
SALARY RANGES AND AUTHORIZED CLASSIFICATIONS
07-01-2011 through 6-30-2012
CLASSIFICATION TITLE SALARY RANGES FLSA
Accounting Assistant I BU17 NON-EX
Accounting Assistant II BU21 NON-EX
Construction Inspector BU24 NON-EX
Customer Service Representative I BU15 NON-EX
Customer Service Representative 11 BU17 NON-EX
Customer Service Representative I I I BU19 NON-EX
Engineering Secretary BU17 NON-EX
Engineering Technician I BU20 NON-EX
Engineering Technician 11 BU24 NON-EX
Facilities Maintenance BU21 NON-EX
GIS Administrator BU26 NON-EX
GIS Technician BU24 NON-EX
Information Systems Technician BU22 NON-EX
Information Systems Technician II/Programmer BU24 NON-EX
Instrumentation Technician BU25 NON-EX
Maintenance Distribution Operator II BU20 NON-EX
Maintenance Distribution Operator III BU23 NON-EX
Maintenance Worker I BU 17 NON-EX
Mechanic I BU17 NON-EX
Mechanic 11 BU21 NON-EX
Mechanic III BU23 NON-EX
Meter Reader I BU16 NON-EX
Meter Reader II BU18 NON-EX
Meter Services Lead BU23 NON-EX
Operations Assistant BU19 NON-EX
Plant Operator I BU17 NON-EX
Plant Operator 11 BU23 NON-EX
Project Engineer BU26 EXMPT
Sr. Fleet Mechanic BU26 NON-EX
Sr. Maintenance Distribution Operator BU26 NON-EX
Sr. Plant Operator BU26 NON-EX
Water Quality Technician I BU20 NON-EX
Water Quality Technician 11 BU22 NON-EX
350831.1 Y0030-008
Exhibit "B"
Pay Plan Bargaining Unit Employees
Effective July 1, 2011 thru June 30, 2012
Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
BU 1
Monthly $1,555.7942 $1,594.6891 $1,634.5563 $1,675.4202 $1,717.3057 $1,760.2384 $1,804.2443 $1,849.3504 $1,895.5842
Hourly $8.9757 $9.2001 $9.4301 $9.6659 $9.9075 $10.1552 $10.4091 $10.6693 $10.9361
BU 2
Monthly $1,633.5840 $1,674.4235 $1,716.2841 $1,759.1912 $1,803.1710 $1,848.2503 $1,894.4566 $1,941.8180 $1,990.3634
Hourly $9.4245 $9.6601 $9.9016 $10.1492 $10.4029 $10.6630 $10.9296 $11.2028 $11.4829
BU 3
Monthly $1,715.2631 $1,758.1447 $1,802.0983 $1,847.1508 $1,893.3296 $1,940.6628 $1,989.1794 $2,038.9089 $2,089.8816
Hourly $9.8957 $10.1431 $10.3967 $10.6566 $10.9231 $11.1961 $11.4760 $11.7629 $12.0570
BU 4
Monthly $1,801.0263 $1,846.0520 $1,892.2033 $1,939.5083 $1,987.9961 $2,037.6960 $2,088.6384 $2,140.8543 $2,194.3757
Hourly $10.3905 $10.6503 $10.9166 $11.1895 $11.4692 $11.7559 $12.0498 $12.3511 $12.6599
BU 5
Monthly $1,891.0776 $1,938.3546 $1,986.8134 $2,036.4838 $2,087.3959 $2,139.5808 $2,193.0703 $2,247.8970 $2,304.0945
Hourly $10.9101 $11.1828 $11.4624 $11.7489 $12.0427 $12.3437 $12.6523 $12.9686 $13.2929
BU 6
Monthly $1,985.6315 $2,035.2723 $2,086.1541 $2,138.3079 $2,191.7656 $2,246.5598 $2,302.7238 $2,360.2919 $2,419.2992
Hourly $11.4556 $11.7420 $12.0355 $12.3364 $12.6448 $12.9609 $13.2849 $13.6171 $13.9575
BU 7
Monthly $2,084.9131 $2,137.0359 $2,190.4618 $2,245.2233 $2,301.3539 $2,358.8878 $2,417.8600 $2,478.3065 $2,540.2641
Hourly $12.0283 $12.3291 $12.6373 $12.9532 $13.2770 $13.6090 $13.9492 $14.2979 $14.6554
BU 8
Monthly $2,189.1587 $2,243.8877 $2,299.9849 $2,357.4845 $2,416.4216 $2,476.8322 $2,538.7530 $2,602.2218 $2,667.2773
Hourly $12.6298 $12.9455 $13.2691 $13.6009 $13.9409 $14.2894 $14.6467 $15.0128 $15.3881
BU 9
Monthly $2,298.6167 $2,356.0821 $2,414.9841 $2,475.3587 $2,537.2427 $2,600.6738 $2,665.6906 $2,732.3329 $2,800.6412
Hourly $13.2613 $13.5928 $13.9326 $14.2809 $14.6379 $15.0039 $15.3790 $15.7635 $16.1575
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
1
Exhibit "B"
Pay Plan Bargaining Unit Employees
Effective July 1, 2011 thru June 30, 2012
Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
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 $18.6821 $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
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
2
Exhibit "B"
Pay Plan Bargaining Unit Employees
Effective July 1, 2011 thru June 30, 2012
Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
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
* 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.
3
EXHIBIT C
2011-2012 HOLIDAY SCHEDULE
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
Yorba Linda
Water District
Policies and Procedures EXHIBIT D
Policy No.: 7010-09-05
Effective Date: October 27, 2009
Prepared By: Gina Knight, HR Manager
Applicability: District Wide
POLICY: EMERGENCY LEAVE POLICY
1.0 PURPOSE
The purpose of this policy is to establish guidelines whereby regular full-time
employees may donate accrued leave hours to other employees who have
experienced a personal or immediate family member's catastrophic illness or
injury, which has created a financial hardship.
2.0 SCOPE
The Yorba Linda Water District (District) recognizes it is in the District's interest
to establish a policy that enables employees to donate on a voluntary and
confidential basis a portion of their vacation, alternate, compensatory and/or
administrative leave in increments of at least two (2) hours to fellow employees
who have experienced a catastrophic illness or injury. This policy delineates
procedures for the transfer of leave from one employee to another employee.
Income received as a result of this policy will be governed by applicable IRS
regulations.
A. Definition of Terms
1. Catastrophic illness or injury is defined as a serious illness or injury
expected to incapacitate the employee or immediate family member for
an extended period of time creating a financial hardship, because the
employee has exhausted all accumulated leave. Catastrophic illness
or injury for these purposes is further defined as a debilitating illness or
injury of the employee or an immediate family member, which will
result in the employee being required to take time off from work for an
extended period to care for the ill family member. As a result, the
employee may suffer financial hardship having exhausted all of his/her
accumulated leave.
Page 1
350835.1 Y0030-008
2. Donor is defined as a regular full-time District employee who has
passed his/her initial probation and has completed a voluntary request
form to transfer leave to a fellow employee.
3. Immediate Family Member is defined as an employee's spouse,
registered domestic partner, children, step-children, foster children,
sisters, brothers, grandparents, grandchildren and parent.
4. Donated hours are defined as leave hours that an employee agrees to
donate to another employee on catastrophic leave.
5. Recipient Employee is defined as a current regular full-time District
employee who has completed his/her original probationary period and
is receiving or planning to receive donated time.
6. Regular full-time employees are defined as a current full-time District
employee who has completed his/her original probationary period.
7. 12-Month Period is defined as a 12-month period measured forward
from the date an employee first receives donated hours.
3.0 PROCEDURES
A. To receive or donate leave, as provided for in this policy, an employee
must have completed his/her original probationary period.
B. To receive donated leave time:
1. An employee/family member must be on an approved medical leave of
absence resulting from a medical emergency for a minimum of 90
continuous work hours (approximately 10 working days);
2. An employee must have submitted a treating physician's off-work order
verifying the medical necessity to be off work for at least 90 continuous
working hours (approximately 10 working days); and
3. An employee shall be required to exhaust all of his/her available leave
balances, inclusive of any balances accrued during the most recent
pay period, if the employee is anticipated to be on a doctor approved
medical leave for the time stated in the physician's off-work order.
C. All medical documentation submitted to or otherwise obtained by the
District shall be made a part of the employee's confidential medical file in
the Human Resources Department and shall thereafter be covered by the
Privacy Act. The District shall protect privacy and confidentiality.
However, a Recipient Employee who chooses at his/her own discretion to
make such fact or any other medical facts known to others such that the
District's guarantee of confidentiality is then compromised cannot hold the
District liable for failure to maintain such privacy and confidentiality.
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350835.1 Y0030-008
D. A written request for receipt of transferred leave by the employee
experiencing the catastrophic illness or injury must be submitted to the
Human Resources Manager for approval.
E. The Human Resources Manager will notify each employee requesting
donated leave through this policy of the decision to approve the request
for donated time.
F. For the purpose of this policy, employees who have requested and been
authorized to receive leave donations will be referred to as Recipient
Employees.
G. Transfer of Leave
1. Any regular full-time District employee desiring to donate leave time
will need to complete a Donation of Accrued Leave Form (Exhibit
B) indicating the number of leave hours to be donated and the
name of the individual to receive the donated leave hours. All
donations shall be voluntary and confidential (and the donor shall
not receive any remuneration from the employee or representative
of the employee).
2. Donor Employees may, on a voluntary and confidential basis,
donate vacation, alternate, compensatory leave and/or
administrative leave, to more than one recipient employee at the
same time in increments of at least two (2) hours for each recipient
employee.
3. Donor Employees donating hours under this policy must maintain:
a. A minimum of 40 hours vacation time after donation. If the
offered donation would result in a vacation time balance
below 40 hours, only those hours in excess of the hours
necessary to maintain the 40 hour minimum will be eligible
for donation.
b. A minimum of 20 hours alternate time after donation. If the
offered donation would result in an alternate time balance
below 20 hours, only those hours in excess of the hours
necessary to maintain the 20 hour minimum will be eligible
for donation.
C. A minimum of 20 hours of compensatory time after donation.
If the offered donation would result in a compensatory time
balance below 20 hours, only those hours in excess of the
hours necessary to maintain the 20 hours minimum will be
eligible for donation.
4. Donated leave hours will be distributed to Recipient Employees as
made available by Donor Employees. However, no more than 80
Page 3
350835.1 Y0030-008
hours will be distributed to any Recipient Employee during a bi-
weekly pay period. Benefits received under this policy will be
considered gross income and will be regulated according to
applicable IRS rules. Such gross income may affect the amount of
income received from other compensation programs provided by
the employer.
5. The donated hours will be converted to dollars at the hourly rate of
the donor. The dollars shall then be converted to sick leave at the
hourly rate of the recipient of the donation. The appropriate hours
of sick leave will then be credited to the recipient for use during the
catastrophic illness or injury leave.
6. Recipient Employees utilizing leave donated to him/her pursuant to
this Policy shall continue to earn all benefits, leave accruals,
seniority, retirement credit, etc. as provided for under his/her
respective (bargaining) agreement.
H. Processing of Donated Hours
1. The Donor Employee shall submit the Donation of Accrued Leave
Form to the Human Resources Department. Human Resources (or
Payroll) will verify that the Donor Employee has sufficient vacation,
alternate, compensatory, and/or administrative leave time to make
the donation. If the Donor Employee has insufficient hours, the
Donation of Accrued Leave Form will be returned to the Donor.
Human Resources will ensure all requests to donate leave hours
are in accordance with the guidelines of this policy. The Donor
Employee shall designate from which types of leave accruals,- the
donation shall be made.
2. The Human Resources Department will notify the Recipient
Employee of the initial and future donations in writing. The names
of the Donor Employees and amount donated will remain
confidential.
3. The Payroll division will reduce the Donor Employee's designated
accrued leave balance(s) by the number of hours donated.
4. To the extent that there are multiple donors for any one recipient,
distributions to any one recipient shall be in equal amounts from
each donor, to the extent sufficient individual donor hours exist.
For example, assume there are five donors for recipient employee
"A," with one of the five donors having donated 10 hours, and the
other 4 donors having donated 2 hours each. Employee "A" is to
be provided with a 10 hour distribution. Two hours would be
deducted from each of the five donor accounts, resulting in one
remaining donor account of eight hours. This eight hour amount is
available for the next distribution.
Page 4
350835.1 Y0030-008
5. The Payroll division will determine the value of the time donation
based on the Recipient Employee's current hourly rate.
a. A timecard will be generated for the Recipient Employee by
their department manager with assistance from Human
Resources identifying the donated hours for a specific pay
period. Payroll will then process the timecard on the next
available payroll. A check will be processed for the Recipient
Employee as a regular payroll check and will be subject to
applicable IRS regulations.
b. The check will be mailed to the Recipient Employee's home
unless other arrangements are made in advance with the
Payroll division.
6. In the event an employee has reached an unpaid status, no future
donations shall be processed for said catastrophic illness or injury.
4.0 RESPONSIBILITY ASSIGNMENTS
RECIPIENT EMPLOYEE: Responsible for submitting a written request to
the Human Resources Manager for approval.
Responsible to provide the Human Resources
Manager or designated representative with all
documentation required in Section 3.0 of this
Policy.
Responsible to approve any solicitation of
donors by signing a copy of Exhibit A, Approval
of Solicitation for Donated Leave form.
DONOR EMPLOYEE: Responsible to approve the donation of his/her
leave by signing a copy of Exhibit B, Donation
of Accrued Leave form.
Responsible for submitting the Donation of
accrued Leave form to the Human Resources
Department by the Monday of a payroll week.
HUMAN RESOURCES: Responsible to coordinate and approve the
transfer of leave time between Donor and
Recipient Employees.
Responsible to verify that employees only
donate leave as provided for in Section 3.0 of
this policy.
Page 5
350835.1 Y0030-008
Responsible to administer this policy and to
periodically review and update said policy.
PAYROLL DEPARTMENT: Responsible to adjust individual leave
balances.
5.0 EXHIBITS
Exhibit A - Approval of Solicitation for Donated Leave Form
Exhibit B - Donation of Accrued Leave Form
Exhibit C - Emergency Leave Policy Acknowledgement Form
Approved:
Kenneth R. Vecchiarelli Date
General Manager
Page 6
350835.1 Y0030-008
Exhibit A
Yorba Linde
Water District
APPROVAL OF SOLICITATIONS FOR DONATED LEAVE
As an employee who qualifies for the receipt of leave donated by other District
employees, I hereby authorize the Human Resources Manager and/or
designated representative to work with my representative, Name:
, regarding the solicitation of donations on my
behalf. I understand that in order to solicit donations, it might be necessary for
the above individual representative designated by me, to release my name and
the medical emergency which requires this solicitation and hereby authorize the
release of said information.
As a recipient of donated leave, I understand that certain conditions must be met
before I can receive said donated leave and acknowledge that I have met all of
those conditions as provided for under Emergency Leave Policy No. 7010-09-05.
Additionally, I agree that to the extent that I am in receipt of State Disability, long
term disability, workers compensation benefits, and/or any other disability related
insurance benefits, I shall fully reimburse the donor accounts with said insurance
benefits.
Print Employee's Name
Employee's Signature
Date Signed
I have private disability insurance: Yes ❑ No ❑
Having verified that the above named employee meets all the conditions for
receiving donated leave from other District employees, I hereby authorize them
to solicit leave on said employee's behalf.
Human Resources Manager Date Signed
Distribution: Employee's Personnel File
Payroll
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350835.1 Y0030-008
Exhibit B
Yorba Linda
Water District
DONATION OF ACCRUED LEAVE
I hereby voluntarily authorize the transfer of the following leave amounts from my
leave balance(s) to I understand that said
transfer is to assist a District employee who qualifies under the Emergency
Leave Policy No. 7010-09-05 to receive leave from other employees due to
medical emergencies. I understand that I cannot rescind this transfer, and I lose
all rights to utilize the leave amounts once they have been transferred.
The donation of leave is being made voluntarily, and I have not been offered nor
accepted any remuneration for making this donation.
Type of Leave Hours
Vacation Leave
Alternate Leave
Compensatory Leave
Administrative Leave
Print Employee's Name Date Signed
Employee's Signature
Having verified that the above named employee meets all the conditions for
donating leave, I hereby authorize the transfer of those hours of donated leave
indicated above to _ employee's sick leave
accrual.
Human Resources Manager Date Signed
Posted to the recipient employee's sick leave accrual on
200, by
Distribution: Employee's Personnel File
Payroll
Page 8
350835.1 Y0030-008
7010-09-05
Exhibit C
Yorba Linda
Mater District
Emergency Leave Policy
Acknowledgement Form
I acknowledge that I have received and read the provisions contained in this
Emergency Leave Policy. I understand that it is my responsibility to consult my
supervisor or the Human Resources Department if I have any questions that are
not answered in the Policy.
I also understand that the provisions in this Policy are guidelines and may not
address all circumstances that may arise. In such case, the Human Resources
Department shall apply the Policy based on factors including but not limited to:
past practices, rules of statutory interpretation.
EMPLOYEE'S NAME (printed):
EMPLOYEE'S SIGNATURE:
DATE:
Distribution: Original to Personnel File
Copy: Employee
Page 9
350835.1 Y0030-008
RESOLUTION NO. 11- 21
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 January 13, 2011; and
WHEREAS, the Employee Compensation Letter and Pay Plan with the Supervisory
and Confidential employees for fiscal year 2010-2011 expired on June 30,
2011; 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 2011-2012.
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 2011-2012 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 No. 11-02 is hereby rescinded.
PASSED AND ADOPTED this 8th day of December 2011 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
President
Yorba Linda Water District
Resolution No. 11-21 Adopting the Employee Compensation Letter and Pay Plan for Supervisory and Confidential Employees 1
ATTEST:
Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Arthur G. Kidman
Kidman, Behrens & Tague, LLP
Resolution No. 11-21 Adopting the Employee Compensation Letter and Pay Plan for Supervisory and Confidential Employees 2
Exhibit A
Resolution No. 11-21
Employee Compensation Letter
And Pay Plan for Supervisory and Confidential Employees
Fiscal years: 2011-2012
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, 2011 through June 30, 2012. The salary schedule
reflects that no base salary increase is provided.
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 for individuals employed by the District on or
before the adoption date of Resolution 12-01, which approves an
amendment to the contract between the Yorba Linda Water District and
CalPERS to provide Section 21353 (2% @ 60 Full formula).
However, individuals hired by the District after the adoption date of
Resolution 12-01 shall be enrolled in the 2% @ 60 retirement formula and
shall pay 100% of the statutory CalPERS employee contribution to
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
Supervisory and Confidential Compensation Letter 2011/2012
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.
Such new hires shall accrue vacation commencing with the start of
employment but shall be ineligible to use accrued vacation time prior to
successful completion of six (6) months of service. 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.
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 to cover the employee's share of the dependent
coverage. 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
Supervisory and Confidential Compensation Letter 2011/2012
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
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 IX, X and XI of this Agreement for any Supervisory and
Confidential Employee employed by the District on or before the adoption
of Resolution 11-21 and 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 IX, X and XI
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. Supervisory and Confidential employees
hired after the adoption of Resolution 11-21 shall be ineligible to receive
this benefit.
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 their accumulated days of sick leave,
if any, at the time of separation from active employment. If the Supervisory
Supervisory and Confidential Compensation Letter 2011/2012
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. Effective January 1, 2012, Supervisory and Confidential employees shall
be assigned to a four (4) day workweek, consisting of ten (10) scheduled
hours of work each day (a 4/10 schedule Monday through Thursday).
XVI. 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
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.
XVII. 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.
XVIII. 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.
XIX. 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 $200.00, provided that the boots are from a list pre-approved by
the General Manager or his/her designee. The difference between
$200.00 and the amount actually used may be carried over for one year
and combined with a subsequent allocation for boot reimbursement.
Supervisory and Confidential Compensation Letter 2011/2012
XX. 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.
XXI. 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.
XXII. 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. For purposes of holiday
compensation, compensation shall be equal to the number of hours that
the Supervisory and Confidential employee normally would have worked
other than for the holiday.
For those Supervisory ad Confidential employees whose scheduled work
week is Monday through Thursday, a holiday falling on a Friday or
Saturday shall not result in Thursday being a holiday and a holiday falling
on a Sunday, shall not result in Monday being a holiday. Instead observed
holidays that fall on a Friday, Saturday or Sunday shall be recognized as
floating holidays earned. The floating holidays earned as a result of the
Supervisory and Confidential Compensation Letter 2011/2012
above situation shall be used within 12 months following the accrual of
each floating 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.
XXIII. The District shall reimburse Supervisory and Confidential employees for
sums paid to the appropriate state agencies for obtaining or renewing of
production or distribution certificates. In addition, a one-time per fiscal year
payment of $150.00 per certificate shall be provided to an affected
employee who has qualified for and been issued a State of California
Department of Health Services Treatment and/or Distribution certificate
which has been determined in the sole discretion of the General Manager
to be relevant to the employee's duties and which is other than a certificate
which is a job requirement. The $150.00 payment shall apply for any
Distribution and/or Treatment Certificates issued by the State of California
Department of Health Services that are required above and beyond the
required certification for a specific classification within the District's
Operations Department and shall be issued during each year in which the
applicable certificate(s) remains valid and remains other than a certificate
which is a job requirement. The table below identifies the positions that
require specific State of California certifications.
CLASSIFICATION REQ'D TREATMENT REQ'D DISTRIBUTION
CHIEF PLANT T3 D5
OPERATOR
SCADA T2 D3
ADMINISTRATOR
WATER D5
MAINTENANCE
SUPERINTENDENT
The term of this Compensation Letter for Supervisory and Confidential
Employees is for the period of July 1, 2011 to June 30, 2012.
Kenneth R. Vecchiarelli Date
General Manager
Supervisory and Confidential Compensation Letter 2011/2012
EXHIBIT B
YORBA LINDA WATER DISTRICT
SUPERVISORY AND CONFIDENTIAL EMPLOYEES
SALARY RANGES AND AUTHORIZED CLASSIFICATIONS
7-1-2011 through 6-30-2012
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, 2011 thru June 30, 2012
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
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 36.0657 36.9673 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 749.5693 $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
2011-2012 HOLIDAY SCHEDULE
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. 11-22
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
January 13, 2011; and
WHEREAS, the Employee Compensation Letter and Pay Plan with the Management
employees for fiscal year 2010-2011 expired on June 30, 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 Management
Employee Compensation Letter for fiscal year 2011-2012 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 No. 11-03 is hereby rescinded.
PASSED AND ADOPTED this 8th day of December 2011 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
President
Yorba Linda Water District
Resolution No. 11-22 Adopting the Employee Compensation Letter and Pay Plan for Management Employees 1
ATTEST:
Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Arthur G. Kidman
Kidman, Behrens & Tague, LLP
Resolution No. 11-22 Adopting the Employee Compensation Letter and Pay Plan for Management Employees 2
Exhibit A
Resolution No. 11-22
Employee Compensation Letter
And Pay Plan for Management Employees
Fiscal years: 2011-2012
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, 2011 through June 30, 2012.
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 for individuals employed by the District on or
before the adoption date of Resolution 12-01, which approves an
amendment to the contract between the Yorba Linda Water District and
CalPERS to provide Section 21353 (2% @ 60 Full formula).
However, individuals hired by the District after the adoption date of
Resolution 12-01 shall be enrolled in the 2% @ 60 retirement formula and
shall pay 100% of the statutory CalPERS employee contribution to
CalPERS.
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
Management Compensation Letter 2011/2012
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.
Such new hires shall accrue vacation commencing with the start of
employment but shall be ineligible to use accrued vacation time prior to
successful completion of six (6) months of service. 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
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 to cover the employee's share of the dependent
coverage. 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.
Management Compensation Letter 2011/2012
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 employed by the District on or before the adoption of Resolution
11-22 and 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 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. Management
employees hired after the adoption of Resolution 11-21shall be ineligible to
receive this benefit.
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.
Management Compensation Letter 2011/2012
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. Effective January 1, 2012, Management employees shall be assigned to a
four (4) day workweek, consisting of ten (10) scheduled hours of work each
day (a 4/10 schedule Monday through Thursday).
XVI. 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.
XVII. 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
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.
XVIII. 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.
XIX. 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 $200.00,
provided that the boots are from a list pre-approved by the General
Manager or his/her designee. The difference between $200.00 and the
amount actually used may be carried over for one year and combined with
a subsequent allocation for boot reimbursement.
XX. 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
Management Compensation Letter 2011/2012
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.
XXI. 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
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.
XXII. 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.
XXIII. 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.
XXIV. The Holiday schedule attached hereto as Exhibit D shall be in effect for
full-time Management employees covered by this Management letter. For
purposes of holiday compensation, compensation shall be equal to the
number of hours that the Management employee normally would have
worked other than for the holiday.
For those Management employees whose scheduled work week is
Monday through Thursday, a holiday falling on a Friday or Saturday shall
not result in Thursday being a holiday and a holiday falling on a Sunday,
Management Compensation Letter 2011/2012
shall not result in Monday being a holiday. Instead observed holidays that
fall on a Friday, Saturday or Sunday shall be recognized as floating
holidays earned. The floating holidays earned as a result of the above
situation shall be used within 12 months following the accrual of each
floating 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, 2011 to June 30, 2012.
Kenneth R. Vecchiarelli Date
General Manager
Management Compensation Letter 2011/2012
EXHIBIT B
YORBA LINDA WATER DISTRICT
MANAGEMENT EMPLOYEES
SALARY RANGES AND AUTHORIZED CLASSIFICATIONS
7-1-2011 through 6-30-2012
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, 2011 thru June 30, 2012
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 $44.9875 $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 $44.9340 $46.0574 $47.2088 $48.3890 $49.5988 $50.8387 $52.1097
ME 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
ME 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
ME 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
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 $51.9858 $53.2855 $54.6176 $55.9830 $57.3826 $58.8172 $60.2876 $61.7948 $63.3397
ME 38
Monthly $9,461.4179 $9,697.9533 $9,940.4022 $10,188.9122 $10,443.6350 $10,704.7259 $10,972.3440 $11,246.6526 $11,527.8190
Hourly $54.5851 $55.9497 $57.3485 $58.7822 $60.2517 $61.7580 $63.3020 $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 $11,808.9853 $12,104.2099
Hourly $57.3144 $58.7472 $60.2159 $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 $11,514.1076 $11,801.9603 $12,097.0093 $12,399.4345 $12,709.4204
Hourly $60.1801 $61.6846 $63.2267 $64.8074 $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 $66.3880 $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 $73.2364 $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 $14,003.8004 $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 $86.9515 $89.1253
ME 45
Monthly $13,313.1651 $13,645.9942 $13,987.1441 $14,336.8227 $14,695.2433 $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 $14,328.2939 $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 $84.7298 $86.8481 $89.0193 $91.2447 $93.5259 $95.8640 $98.2606
ME 47
Monthly $14,677.7645 $15,044.7086 $15,420.8264 $15,806.3470 $16,201.5057 $16,606.54331$17,021.70691$17,447.24961 $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
Monthly $15,411.6527 $15,796.9441 $16,191.8677 $16,596.6644 $17,011.5810 $17,436.8705 $17,872.7923 $18,319.6121 $18,777.6024
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 $16,586.7913 $17,001.4611 $17,426.4976 $17,862.1600 $18,308.7140 $18,766.4319 $19,235.5927 $19,716.4825
Hourly $93.3591 $95.6930 $98.0854 $100.5375 $103.0509 $105.6272 $108.2679 $110.9746 $113.7489
ME 50
Monthly $16,991.3472 $17,416.1308 $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
2011-2012 HOLIDAY SCHEDULE
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. 10.4
AGENDA REPORT
Meeting Date: December 8, 2011 Budgeted: No
To: Board of Directors Cost Estimate: Between $4,811 &
$17,353
Funding Source: Sewer Operating
Fund
From: Ken Vecchiarelli, General
Manager
Presented By: Stephen Parker, Finance Dept: Finance
Manager
Reviewed by Legal: Yes
Prepared By: Stephen Parker, Finance CEQA Compliance: N/A
Manager
Subject: Customer Refunds on Sewer Service Charges
SUMMARY:
In conjunction with the transfer of the City of Yorba Linda sewers to YLWD, effective July 1, 2011,
and with the recent transfer of the City's sewer fund balance, District staff is prepared to refund
sewer maintenance charges and assessments that were discovered to be duplicative between the
two agencies, to those customers that were affected by these redundant charges.
STAFF RECOMMENDATION:
That the Board of Directors approve refunding up to four years of excess sewer service charges to
100 affected customers at a maximum expense of $17,353.
COMMITTEE RECOMMENDATION:
This matter was discussed with the Finance-Accounting Committee at their meeting on July 11,
2011, when the District staff discovered the redundant fees during the diligence and final accounting
procedures for the sewer system transfer.
DISCUSSION:
It came to District staff's attention through the preparation and accounting related to the acceptance
of the City of Yorba Linda sewer system, that a small number of the customers of the District and of
the City were being charged by both agencies for sewer maintenance fees. Effective July 1, 2011,
the date of the City sewer system transfer to YLWD, these customers are now all paying a uniform
sewer maintenance service charge on their monthly water bills.
In late September, the City of Yorba Linda remitted to the District all funds relating to the sewers
that remained from the prior year. The District agreed to utilize a portion of these funds to reconcile
any accounts that the City of Yorba Linda assessed the duplicate sewer maintenance charge to.
Staff has calculated the total refund expenses for the 100 effected customers resulting in $17,353.
Conferring with District legal counsel, staff will place a release statement as a condition of
acceptance, on the back of the refund checks the affected customers receive. The District will also
attach an explanation of the refund to the affected customers.
PRIOR RELEVANT BOARD ACTION(S):
On April 27, 2011, the Board of Directors executed the Public Sewer System Transfer Agreement
with the City of Yorba Linda.
Approved by the Board of Directors of the
Yorba Linda Water District
12/8/2011
RC/RK 5-0
ITEM NO. 10.5
AGENDA REPORT
Meeting Date: December 8, 2011 Budgeted: Yes
Total Budget: $317,979
To: Board of Directors Cost Estimate: $317,979
Funding Source: Operating Funds
From: Ken Vecchiarelli, General Account No: 1-2010-0550-00
Manager
Presented By: Stephen Parker, Finance Dept: Finance
Manager
Reviewed by Legal: N/A
Prepared By: Joann Gitmed, Accounting CEQA Compliance: N/A
Assistant II
Subject: OPEB Liability Pay Down
SUMMARY:
The District budgeted $217,979 for the FY 2011/12 Annual Required Contribution (ARC) for Other
Post Employment Benefits (OPEB) expenditures. The Board also approved a financial reserves
policy in June 2011, designating $100,000 to be set aside for an Employee Liability Reserve. In
January 2011, the Board authorized staff to pre-fund OPEB costs through the California Employees'
Retirement Benefit Trust (CERBT), managed by CalPERS. Funding beyond the ARC at any time
reduces the District's Net OPEB Liability (of approximately $122,000 as of June 30, 2011) and
reduces the long-term costs of paying the District's Unfunded Actuarial Accrued Liability (of
approximately $1,267,000 as of June 30, 2011). A reduction of the current liability will effectively
result in a 7.6% interest earning in a one-year period of time, as the unfunded liability is assessed
an annual interest charge of 7.6% per year by the current actuarial assumptions.
STAFF RECOMMENDATION:
That the Board of Directors authorize staff to deposit $263,810 ($317,979 less actual retiree costs
through November 2011) to the California Employees' Retirement Benefit Trust (CERBT) for Fiscal
Year 2011/12.
COMMITTEE RECOMMENDATION:
The Finance-Accounting Committee discussed this matter at its meeting held November 28, 2011,
and supports staff's recommendation.
DISCUSSION:
The District's budgeted Annual Required Contribution (ARC) for Other Post-Employment Benefits
(OPEB) for 2011/12 is $217,979. Prior to fiscal year 2010/11, the District had paid retiree benefits
on a pay-as-you-go basis, which has resulted in an underfunding of it's annual OPEB costs. In June
2011, with the adoption of the current Reserve Policy, the District established the Employee Liability
Reserve, calling for $100,000 to be set aside annually to pay down our OPEB liability.
The District's current Net OPEB Liability is approximately $122,000 as of FY 2010/11. This amount
will be assessed a 7.6% actuarially assumed interest charge annually, but by paying down the
OPEB Liability, the District will effectively save $7,600 on the following years' interest charge. In
addition, during the fiscal year ending June 30, 2011, the CERBT earned its investing agencies a
24% yield. At the same time, the District's average yield hovered slightly above 1 Funding the
CERBT with Employee Liability Reserve money makes prudent financial sense and complies with
the purpose that the reserve was established.
On June 23, 2011, the Board authorized staff to deposit the difference between our budgeted OPEB
expense plus the $100,000 from the Employee Liability Reserve less actual retiree costs paid by the
District. This year, staff propose that we pre-fund the CERBT with the same expenses submitted
last year as well as actual retiree costs that will be paid by the District throughout future months in
this fiscal year. By pre-funding the CERBT, the District can submit for reimbursement for actual
retiree costs for the periods of December 2011 through June 2012, but take advantage of the
CERBT's superior investment rate of return in the meantime. Staff is planning to submit those
reimbursement requests at the end of FY 2011/12.
PRIOR RELEVANT BOARD ACTION(S):
On January 26, 2011, the Board authorized the President to execute a CERBT Program Agreement
and Election of YLWD to Pre-fund Other Post Employment Benefits through CalPERS.
On June 23, 2011, the Board authorized staff to deposit $162,817.77 to the California Employees
Retirement Benefit Trust for Fiscal Year 2010/11, to pay down a portion of the District's Other Post
Employment Benefits liability.
On June 23, 2011, the Board approved Resolution No. 11-09 adopting the current budget that
included $217,979 set aside for OPEB expenditures and the Board approved Resolution No. 11-12
adopting a financial reserves policy that included an annual funding of $100,000 for an Employees
Liability Reserve.
Approved by the Board of Directors of the
Yorba Linda Water District
12/8/2011
RK/RC 5-0
ITEM NO. 11.3
AGENDA REPORT
Meeting Date: December 8, 2011
Subject: General Manager's Report
Tour of Administration Building
ACWA/JPIA Low Loss Ratio Award
ATTACHMENTS:
Name: Description: Type:
WVWD_Correspondence. pdf Correspondence Backup Material
ACWAJPIA Correspondence. pdf Correspondence Backup Material
VT Vq~
WALNUT VALLEY WATER DISTRICT Q,.,ty
S'-1q6'
BOARD OF DIRECTORS 271 South Brea Canyon Road 'L 4
Walnut, California 91789-3002 • (969) 595-1268 ~ (626) 964-6551 h
Scarlett P. Kwong Welosite: www.wvwd.com Fax: (909) 594-9532 R LD15
President
Election Division V
Allen L. Wu RECEIVED
First Vice President Election Division I November 23, 2011 y
Edwin M. Hilden DEC ` 1 2011
Second Vice President
Election Division ll YORBA LINDA WATER D)STRICT
Barbara A. Carrera
Assistant Treasurer Mr. Ken Vecchiarelli
Eiectlon Division I] I General Manager
Theodore L. Ebenkamp Yorba Linda Water District
Director 1717 E. Miraloma Avenue
Election Division IV Placentia, California 92870
STAFF
Michael K. Holmes Dear Mr. Ve iarelli:-
General Manager
Secretary Thank you for arranging for a group from our District to tour your beautiful facility.
Erik Hitchman Your agency was well represented by Mr. Steven Conklin, Engineering Manager, and
Assistant General Manager Mr. Hank Samaripa, Project Engineer. They provided a complete and comprehensive
chief Engineer tour that will be very helpful as we develop the plans for updating our facility.
Brian Teuber
Director of Finance We were impressed with the architecture of your buildings and grounds and sincerely
Treasurer appreciate your providing our group the opportunity to see how Yorba Linda
Sandra Olson addressed the needs of both its staff and customers.
Director of
Administrative Services Please extend our personal thanks to Mr. Conklin and Mr. Samaripa for so graciously
LEGAL COUNSEL hosting our group.
H. Jess Senecal
Very truly yours,
WALNUT VALLEY WATER DISTRICT
MICHAEL HDLMES
General Manager
MH:ja
RECEIVED
DEC ° 1 2011
AC WA
J P I.A November 28, 2011 YORBA LINDA WATER DISTRICT
Kenneth Vecchiarelli
JOINT POWERS Yorba Linda Water District
INSURANCE AUTHORITY Box 309
Yorba Linda, CA 92885-0309
R O. Box 619082 dear Kenneth:
Roseville, CA 95661-9082
Another year has passed and we are extremely happy with the great
phone work that has been done by our districts and staff in reducing claims.
916.786.5742
800.231.5742
Congratulations to you and your district for receiving a Low Loss Ratio
direct line award. We encourage you to keep up the good work.
916.774,7050
800.535.7899 The JPIA wishes you the best in 2012.
fax
916.774.7040 Sincerely,
www.acwajpia.com r
President
E.G. "Jerry" Gladbach
Walter A. Sells
Vice President Chief Executive Officer
Tom Cuquet
Chief Executive Officer Enclosure: Low Loss Ratio Certificate(s)
Walter "Andy" Sells
Executive Committee
Tom Cuquet
Joseph Dion
E.G. "Jerry" Gladbach
David T. Hodgin
W.D. "Bill" Knutson
Melody A. McDonald
Charles W. Muse
Randy A. Record
Lou Reinkens
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ITEM NO. 12.1
AGENDA REPORT
Meeting Date: December 8, 2011
Subject: Executive-Administrative-Organizational Committee
(Beverage/Hawkins)
Minutes of meeting held November 30, 2011 at 4:30 p.m.
Meeting scheduled December 20, 2011 at 4:00 p.m.
ATTACHMENTS:
Name: Description: Type:
113011 EAO - Minutes.doc EAO Mtg Minutes 11/30/11 Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING
November 30, 2011
A meeting of the Executive-Administrative-Organizational Committee was called to
order by Director Beverage at 4:30 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 Damon Micalizzi, Public Information Officer
OTHER ATTENDEES
Christopher Townsend, Townsend Public Affairs (Via Conference Call)
1. PUBLIC COMMENTS
None.
2. ACTION CALENDAR
2.1. Resolution Requesting a Seat on the Orange County Sanitation District
Board
Christopher Townsend joined the meeting via conference call at this time.
The Committee reviewed the draft resolution prepared by legal counsel
and agreed to forward it to the Board of Directors for action at the
December 8, 2011 meeting. Accompaniments for the resolution and
timing of submission to the Sanitation District will be considered by the
Executive Committee, legal counsel, and TPA at future meetings.
The Committee recommended that the Board of Directors adopt a
resolution requesting a seat on the Orange County Sanitation District
Board of Directors.
Mr. Townsend ended his call at this time.
2.2. Reorganization of the Board of Directors for Calendar Year 2012
The Committee discussed the reorganization of the Board of Directors that
is scheduled for the upcoming December 8, 2011 meeting.
The Committee recommended that the Board of Directors nominate and
elect a President and Vice President and appoint staff to serve as the
Secretary, Assistant Secretary, and Auditor.
1
2.3. Board of Directors Compensation
The Committee briefly discussed Board Compensation rates.
The Committee recommended that the Board maintain the current level of
compensation for attendance at Board and Committee meetings at $150
per day, limited to 10 days per month, pursuant to Water Code Section
20202.
3. DISCUSSION ITEMS
3.1. Status of Strategic Plan Initiatives
This item was deleted from the agenda.
3.2. Future Agenda Items and Staff Tasks
None.
4. ADJOURNMENT
4.1. The Committee adjourned at 5:02 p.m. The next meeting of the
Executive-Administrative-Organizational Committee will be held December
20, 2011 at 4:00 p.m.
2
ITEM NO. 12.2
AGENDA REPORT
Meeting Date: December 8, 2011
Subject: Finance-Accounting Committee
(Collett/Kiley)
Minutes of meeting held November 28, 2011 at 4:00 p.m.
Meeting scheduled December 27, 2011 at 4:00 p.m.
ATTACHMENTS:
Name: Description: Type:
112811 FA - Minutes.doc FA Mtg Minutes 11/28/11 Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
FINANCE-ACCOUNTING COMMITTEE MEETING
November 28, 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 Manager
1. PUBLIC COMMENTS
None.
2. ACTION CALENDAR
2.1. Financial Statements for Quarter Ending September 30, 2011
Mr. Parker presented the first full-accrual quarterly financial statements
prepared for the Board's review. The format was changed to include a
balance sheet and look similar to the audited financial statements. The
Committee recommended additional revisions to include budgeted
information and comparisons on the income statement, and to include a
comparative column on the balance sheet.
2.2. OPEB Liability Pay Down
Mr. Parker explained that this action item of depositing money with the
California Employees' Retirement Benefit Trust (CERBT) was the same as
the District did in the prior fiscal year, but with one difference related to the
timing of the deposit. The Resolution the Board authorized in January
2011 allowed the District to pre-fund the CERBT with the entire budgeted
amount, and then draw down the actual retiree costs from the fund. This
recommendation is to do that for the current fiscal year - fund the entire
budgeted amount, and draw down for reimbursement future expenses
paid by the District. This will allow the District to utilize a preferable
interest rate on the money held with the CERBT during the year. The
Committee supported staff's recommendation and requested staff place
the matter on the action calendar at the next Board meeting.
2.3. Purchasing Card Recommendation
Mr. Parker spoke about staff's research of 10 potential vendors to come
up with the recommendation for a purchase card program. He explained
some of the benefits that separated staff's recommendation - the CAL-
Card program through US Bank - from others. The Committee spoke
about some of the benefits of using a purchasing card program. Mr.
Parker identified that the District could easily add additional cards to the
1
current plan in the future, but identified that the CAL-Card program
allowed the majority of purchases to still be approved by the Board before
the vendors were paid by credit card. Mr. Parker identified that once the
program was up and running, he anticipated the District would receive in
excess of $9,000 annually by implementing this program. He also
explained that there were no fees to the program under any
circumstances. Lastly, he clarified that the contract the District would sign
would not be through US Bank directly, but would add the District to many
other vendors already added to a contract between the State of California
and US Bank. The benefit to this would be that the District could opt out
at any time with no penalty. Mr. Parker added that legal counsel had just
been submitted the contract information, and the recommendation on to
the entire Board would be pending that legal review. The Committee
supported staff's recommendation and requested the item be placed as an
action item on the next Board meeting available after legal counsel's
review.
2.4. Adopting a Public Investment Policy
Mr. Parker presented the Committee with a revised investment policy. He
explained that the two largest changes made to this version were
removing a dollar limit to investments in LAIF, CalTRUST and the Orange
County Treasurer's Commingled Investment Pool as well as adding an
investment item the District had previously invested in - Negotiable
Certificates of Deposit. In addition, some small clean up language was
made in the Obligations Issued by Federal Agencies paragraph. Mr.
Parker explained that the changes made all abided by the California
Government Code. The Committee asked who would review the District's
policy to ensure it is appropriate. Mr. Vecchiarelli explained that the
auditors annually review the District's investment policy to ensure it is in
compliance with the California Government Code as well as ensuring the
District is in compliance with their own investment policy. In the FY
2010/11 audit, their review determined that the District was not in
compliance with one of its policies that was more restrictive than the
California Government Code, and presented the District with a
recommendation for making a correction - either to the policy or to the
practice of having investments over $10 million in CalTRUST. The
Committee requested that future investment policies be presented with
tracked changes to make reviewing the differences easier. Staff agreed to
that practice and indicated this would be done in the future. The
Committee supported staff's recommendation pending a review by legal
counsel.
3. DISCUSSION ITEMS
3.1. September 2011 Debt Service Ratio
Mr. Parker shared with the Committee the September 2011 debt service
ratio. This figure was delayed pending the completion of the full-accrual
unaudited financial statements. The 246% provided was well above the
2
110% floor. Mr. Parker pointed out that as a result of approximately 33%
of the District's water sales occurring in the first 25% of the year,
September would always have an inflated debt service coverage ratio.
The Committee discussed potentially offering a level-pay type plan to even
out the revenues over the course of the year. Mr. Vecchiarelli said that
was something that could be looked into, but it was pointed out that in the
District's current circumstances, we receive more revenue early in the
fiscal year when our water purchase expenses are typically higher, while a
level-pay program would reduce that revenue early on.
3.2. Investment Report for Period Ending October 31, 2011
Mr. Parker shared the information from the monthly investment report. He
explained that the reduction in CaITRUST's portfolio yield was the main
driver for the decrease in overall yield from 1.08% to 0.99%. Mr. Parker
also identified some reserve balance changes and noted that overall
reserves had increased by $473,000.
3.3. October 2011 Budget to Actual Results
Mr. Parker presented the October budget to actual results to the
Committee. He shared that there were not too many changes from the
previous month's results. Water revenue was trending below budget,
variable water costs were higher than operating revenues as a result of
purchasing more import water prior to a January 1, 2012 increase, other
operating revenues were higher than budgeted due to the unbudgeted
Vista Del Verde project coming through, and supplies and services
expenses were all trending below or on budget, with the same exceptions
as in the previous month. The Committee asked a question about a
negative expense in the Water Fund's Data Processing expense line item,
and when Mr. Parker could not speak to it, requested that he provide that
information to them at a later point. Staff determined afterwards that the
negative expense was attributed to a rebate on a copier lease.
3.4. Status of Strategic Plan Initiatives
Mr. Parker went through the strategic plan items listed under the Fiscal
Responsibility area. There was some discussion pertaining to the January
workshop, as a number of the strategic plan items would be addressed in
that workshop. The Committee requested that a comparison be made of
the District to other of Orange County entities as it relates to fixed costs
and rate structure in the January workshop. The Committee pointed out
that the Multi-Year Financial Plan item should be moved to the current
tasks.
3.5. Future Agenda Items and Staff Tasks
• The Committee requested that future investment policies be
presented with tracked changes to make reviewing the differences
easier.
3
• The Committee requested that Mr. Parker explain a negative
expense in the Water Fund's Data Processing expense line item,
the explanation of which was forwarded later that evening by e-
mail.
• The Committee requested that a comparison be made of the
District to other of Orange County entities as it relates to fixed costs
and rate structures in the January workshop.
4. ADJOURNMENT
4.1. The Committee adjourned at 5:16 p.m. The next regular meeting of the
Finance-Accounting Committee is scheduled for December 27, 2011 at
4:00 p.m.
4
ITEM NO. 12.5
AGENDA REPORT
Meeting Date: December 8, 2011
Subject: Public Affairs-Communications-Technology Committee
(Hawkins/Melton)
Minutes of meeting held November 18, 2011 at 10:00 a.m.
Minutes of meeting held December 7, 2011 at 4:00 p.m. (To be provided at
the next Board meeting.)
• Meeting scheduled January 3, 2012 at 4:00 p.m.
ATTACHMENTS:
Name: Desc6piion: - yiae:
111811 PACT - Minutes.docx PACT Mtg Minutes 11/18/11 Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
PUBLIC AFFAIRS-COMMUNICATIONS-TECHNOLOGY COMMITTEE MEETING
November 18, 2011
A meeting of the Public Affairs-Communications-Technology Committee was called to
order by Director Hawkins at 10:00 a.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 Art Vega, Interim IT Manager
Director Gary T. Melton Damon Micalizzi, PI Officer
John DeCriscio, Chief Plant Operator
1. PUBLIC COMMENTS
None.
2. DISCUSSION ITEMS
2.1. Computerized Maintenance and Management System Project Status
Mr. Vega informed the committee that an additional field operator for
hydrants is now live on the CMMS for a total of 3 field operators and 1
Ieadworker utilizing the system. Staff is in the process of acquiring 2
additional notebook computers. Mr. Hawkins inquired if staff is ok with the
progress being made with the CMMS project. Mr. DeCriscio responded,
"We understand it is a slow process, but this allows for the end users to
have more input and involvement in the end product." Mr. Vega discussed
with the committee the projected costs and schedule forecast for the
project. Mr. Vega informed the committee that he would be presenting
hydrant reports at the next scheduled meeting.
Mr. DeCriscio left the meeting following this discussion.
2.2. Holiday Newsletter (Verbal Report)
Mr. Micalizzi presented to the Committee content for the Holiday
Newsletter. The Committee discussed the letter from the General
Manager and after making edits approved all of the content for the
Newsletter that is scheduled to go to print on December 9, 2011.
2.3. New District Signs (Verbal Report)
Mr. Micalizzi updated the Committee on the status of the new District
signs that are replacing the Conservation signs throughout the District.
2.4. Public Outreach Activities
The Committee reviewed the District's participation in various public
events over the calendar year.
1
2.5. Status Report on Committee Specific Strategic Plan Initiatives
The Committee reviewed the Strategic Plan Status Report and requested
that future reports only include information on items that have changed
since the previous month's report.
2.6. Future Agenda Items and Staff Tasks
None.
3. ADJOURNMENT
3.1. The meeting was adjourned at 11:15 p.m. The next meeting of the Public
Affairs-Communications-Technology Committee is scheduled for
December 7, 2011 at 4:00 p.m.
2
ITEM NO. 12.6
AGENDA REPORT
Meeting Date: December 8, 2011
Subject: YLWD-MWDOC-OCWD Joint Agency Committee
(Beverage/Hawkins)
Minutes of meeting held November 22, 2011 at 4:00 p.m.
Meeting scheduled January 24, 2012 at 4:00 p.m.
ATTACHMENTS:
Name: Description: Type:
112211 MWDOC OCWD Minutes.docx YLWD/MWDOC/OCWD Joint Agency Mtg Minutes Minutes
11 /22/11
MINUTES OF THE
YORBA LINDA WATER DISTRICT
JOINT COMMITTEE MEETING WITH MWDOC AND OCWD
November 22, 2011
A meeting of the YLWD/MWDOC/OCWD Joint Agency Committee was called to order
at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 East
Miraloma Avenue, Placentia CA 92870.
YLWD COMMITTEE MEMBERS YLWD STAFF
Director Michael J. Beverage, Chair Steve Conklin, Engineering Manager
Director Phil Hawkins
MWDOC COMMITTEE MEMBERS MWDOC STAFF
Director Brett Barbre Kevin Hunt, General Manager
OCWD COMMITTEE MEMBERS OCWD STAFF
Director Roger Yoh Mike Markus, General Manager
1. PUBLIC COMMENTS
None.
2. DISCUSSION ITEMS
2.1. Metropolitan Issues
Director Barbre confirmed earlier reports that the MWD water situation is
very good. He noted that the MWD Board has approved a five-year labor
agreement with MWD staff. In the committee discussion, there was a
comment that there might be too much emphasis on the tunnel under the
delta as the panacea for moving water through to the south. Alternatives
to the tunnel were another terminal storage reservoir in southern California
similar in size to Diamond Valley, or a greater pursuit of and investment in
desalination.
2.2. MWDOC Survey Results
Mr. Hunt presented findings of the survey of 500 OC residents in the
MWDOC service area regarding key water issues. Key findings included:
• Water was viewed as the second-best utility value, behind natural
gas.
• 77% of respondents said that local water providers do a somewhat
or very effective job of keeping them informed of water issues.
• 93% describe the current water supply status as somewhat or very
reliable.
• Respondents were asked to name two most effective ways to solve
our water shortage. Those listed most often were: Be more
efficient with water (53%); utilize ocean desalination (39%); and
utilize recycled water (30%).
1
The entire survey results are available from MWDOC on PowerPoint.
2.3. Outreach Issues
Mr. Hunt reported that there is a general concern that we are losing
support from the public on water issues, and that MWD is not as involved
as it used to be. In response, he indicated that MWDOC is proposing
meetings with local agencies to pursue means of increasing support. It
was noted that a chief complaint of customers is that they responded to
the call for conservation, and the payback was an increase in water rates,
with inadequate explanation and justification. The findings of the survey
noted above in Item 2.2 will be used in developing the outreach program.
2.4. Annexation of YLWD to OCWD
Mr. Markus reported that work is proceeding on the EIR, with a draft report
expected in March 2012 and a final report three months later. He also
commented that when the issue of annexation is brought to the OCWD
Board for approval, there may be a separate vote for each of the three
agencies in the annexation request.
2.5. Proposed YLWD Well Site on OCWD Property
Mr. Conklin reported that OCWD staff identified a location for the
proposed well site near La Palma Avenue, from three alternatives
presented by YLWD. He provided handouts showing the location, and
indicated that additional drawings are being prepared for submittal to
OCWD staff. Mr. Markus indicated that his staff can take the well site
submittal to a closed-session of the OCWD Board on December 7 or 21
(because it is a property negotiation matter).
2.6. Future Agenda Items and Staff Tasks
None.
3. ADJOURNMENT
3.1. The Committee adjourned at 5:10 p.m. The next meeting of the YLWD-
MWDOC-OCWD Joint Agency Committee will be held January 24, 2012 at
4:00 p.m.
2
ITEM NO. 14.1
AGENDA REPORT
Meeting Date: December 8, 2011
Subject: Meetings from December 9, 2011 - January 31, 2012
ATTACHMENTS:
Name: Dosciiption: a ype:
BOD - Activities Calendar.pdf Calendar Backup Material
Board of Directors Activity Calendar
Event Date Time Attendance by:
December 2011
WACO Fri, Dec 9 7:30AM Hawkins
Board of Directors Workshop Meeting Mon, Dec 12 8:30AM
Planning-Engineering-Operations Committee Meeting Tue, Dec 13 11:00AM Melton/Collett
Personnel-Risk Management Committee Meeting Tue, Dec 13 4:00PM Kiley/Beverage
CRWUA Annual Conference Wed, Dec 14 8:OOAM Beverage/Melton
Yorba Linda Planning Commission Wed, Dec 14 7:00PM Kiley
CRWUA Annual Conference Thu, Dec 15 8:00AM Beverage/Melton
CRWUA Annual Conference Fri, Dec 16 8:00AM Beverage/Melton
Exec-Admin-Organizational Committee Meeting Tue, Dec 20 4:00PM Beverage/Hawkins
Yorba Linda City Council Tue, Dec 20 6:30PM Melton
MWDOC Board Wed, Dec 21 8:30AM Melton/Staff
OCWD Board Wed, Dec 21 5:30PM Kiley/Staff
Board of Directors Regular Meeting Thu, Dec 22 8:30AM
Holiday Fri, Dec 23 7:30AM District Offices Closed
Holiday Mon, Dec 26 7:30AM District Offices Closed
Finance-Accounting Committee Meeting Tue, Dec 27 4:00PM Collett/Kiley
Yorba Linda Planning Commission Wed, Dec 28 7:00PM Collett
January 2012
Holiday Mon, Jan 2 7:30AM District Offices Closed
Pub Affairs-Communications-Tech Committee Meeting Tue, Jan 3 4:OOPM Hawkins/Melton
Yorba Linda City Council Tue, Jan 3 6:30PM Hawkins
MWDOC/MWD Workshop Wed, Jan 4 8:30AM Melton/Staff
OCWD Board Wed, Jan 4 5:30PM Kiley/Staff
Planning-Engineering-Operations Committee Meeting Thu, Jan 5 4:00PM Melton/Collett
WACO Fri, Jan 6 7:30AM Hawkins
Personnel-Risk Management Committee Meeting Tue, Jan 10 4:00PM Kiley/Beverage
Yorba Linda Planning Commission Wed, Jan 11 7:00PM Kiley
Board of Directors Regular Meeting Thu, Jan 12 8:30AM
Board of Directors Workshop Meeting Mon, Jan 16 8:30AM
Exec-Admin-Organizational Committee Meeting Tue, Jan 17 4:00PM Beverage/Hawkins
Yorba Linda City Council Tue, Jan 17 6:30PM Melton
MWDOC Board Wed, Jan 18 8:30AM Melton/Staff
OCWD Board Wed, Jan 18 5:30PM Kiley/Staff
Citizens Advisory Committee Meeting Mon, Jan 23 8:30AM Beverage
Finance-Accounting Committee Meeting Mon, Jan 23 4:00PM Collett/Kiley
Joint Committee Meeting with MWDOC and OCWD Tue, Jan 24 4:OOPM Beverage/Hawkins
Yorba Linda Planning Commission Wed, Jan 25 7:00PM Collett
Board of Directors Regular Meeting Thu, Jan 26 8:30AM
12/2/2011 12:43:47 PM