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HomeMy WebLinkAbout2015-05-11 - Board of Directors Meeting Agenda Packet AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Monday, May 11, 2015, 11:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Ric Collett, President Michael J. Beverage, Vice President Phil Hawkins Robert R. Kiley Gary T. Melton 4. ADDITIONS/DELETIONS TO THE AGENDA 5. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to three minutes. 6. SPECIAL RECOGNITION 6.1. Recognition of Individual for their Service to the District · Art Kidman, Partner, Kidman Law LLP (40 Years) 7. COMMITTEE REPORTS 7.1. Citizens Advisory Committee (Collett) · Minutes of the meeting held April 27, 2015 at 8:30 a.m. · Next meeting is scheduled to be held May 18, 2015 at 8:00 a.m. 8. 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. 8.1. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $714,627.67. 8.2. Final Progress Payment No. 2 and Request to File Notice of Completion for the Richfield Gate Modifications Project Recommendation: That the Board of Directors approve Final Progress Payment No. 2 in the net amount of $25,100.90 to Harris Steel Fence Co., Inc. and 5% retention of $1,321.10; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation, if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for construction of the Richfield Gate Modifications Project, Job No. 2014-10. 8.3. Unaudited Financial Statement for the Period Ending March 31, 2015 Recommendation: That the Board of Directors receive and file the Unaudited Financial Statements for the Period Ending March 31, 2015. 8.4. Investment Report for Period Ending March 31, 2015 Recommendation: That the Board of Directors receive and file the Investment Report for the Period Ending March 31, 2015. 8.5. Directors and General Manager Fees and Expenses Report for Third Quarter FY 2014/15 Recommendation: That the Board of Directors receive and file the Third Quarter Directors and General Manager Fees and Expenses Report for FY 2014/15. 9. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 9.1. Proposed Institution of Stage 3 Water Conservation Measures Recommendation: That the Board of Directors adopt Resolution No. 15- 04 Instituting Stage 3 Watering Restrictions effective June 1, 2015. 9.2. Draft 2015 Water Quality Report Recommendation: That the Board of Directors approve the 2015 Water Quality Report and authorize staff to make this report available on the District's website pursuant to the new State and Federal law regarding electronic delivery. 9.3. Board of Directors Policies and Procedures Manual Recommendation: That the Board of Directors adopt Resolution No. 15-05 Adopting a Board of Directors Policies and Procedures Manual and Rescinding Resolution Nos. 01-05, 08-13, 10-05, 11-05, 11-15, 12-10, and 12-21. 9.4. Memorandum of Understanding and Pay Plans Between the District and the YLWD Employees Association Recommendation: That the Board of Directors adopt Resolution No. 15-06 Adopting the Memorandum of Understanding and Pay Plans Between the District and the Yorba Linda Water District Employees Association. 9.5. Employee Compensation Letter and Pay Plans for Supervisory and Confidential Employees Recommendation: That the Board of Directors adopt Resolution No. 15-07 Adopting the Employee Compensation Letter and Pay Plans for Supervisory and Confidential Employees for Fiscal Years 2015-2018. 9.6. Employee Compensation Letter and Pay Plans for Management Employees Recommendation: That the Board of Directors adopt Resolution No. 15-08 Adopting the Employee Compensation Letter and Pay Plans for Management Employees for Fiscal Years 2015-2018. 9.7. First Amendment to Employment Agreement for Position of General Manager Recommendation: That the Board of Directors approve the First Amendment to the Employment Agreement for the Position of General Manager. 9.8. Request for Concurring Nomination Resolution Recommendation: That the Board of Directors consider adopting Resolution No. 15- 09 Concurring in the Nomination of Jo Mackenzie to the CSDA Board of Directors. 10. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the District’s interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 10.1. Status of Legislative Affairs 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. President's Report 11.2. Directors' Reports · SCWC Quarterly Luncheon - April 24, 2015 · YL Chamber Appreciation Breakfast - April 29, 2015 · MWDOC Elected Officials Forum - April 29, 2015 · Water Reuse & Desalination Research Conference - May 4-5, 2015 11.3. General Manager's Report 11.4. General Counsel's Report 11.5. Future Agenda Items and Staff Tasks 12. COMMITTEE REPORTS CONTINUED 12.1. Investment Ad Hoc Committee (Hawkins / Beverage) · Next meeting is yet to be scheduled. 12.2. YLWD-City of Placentia Joint Agency Committee (Melton / Kiley) · Minutes of the meeting held April 7, 2015 at 9:00 a.m. · Next meeting is scheduled to be held June 16, 2015 at 9:00 a.m. and will be held at Placentia City Hall. 12.3. YLWD-City of Yorba Linda Joint Agency Committee (Collett / Beverage) · Minutes of the meeting held April 28, 2015 at 10:00 a.m. · Next meeting is scheduled to be held May 19, 2015 at 10:00 a.m. and will be held at YL City Hall. 12.4. YLWD-MWDOC-OCWD Joint Agency Committee (Collett / Melton) · Next meeting is scheduled to be held May 26, 2015 at 4:00 p.m. 13. INTERGOVERNMENTAL MEETINGS 13.1. YL Planning Commission - April 29, 2015 (Hawkins) 13.2. WACO - May 1, 2015 (Hawkins/Kiley) 13.3. YL City Council - May 5, 2015 (Beverage) 13.4. OCSD Operations Committee - May 6, 2015 (Kiley/Beverage) 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from May 12, 2015 - June 30, 2015 15. ADJOURNMENT 15.1. A Board of Directors Workshop Meeting has been scheduled for Thursday, May 21, 2015 at 8:30 a.m. The next Regular Board of Directors Meeting will be held Thursday, May 28, 2015 at 8:30 a.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District’s business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District’s internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 7.1 AGENDA REPORT Meeting Date: May 11, 2015 Subject:Citizens Advisory Committee (Collett) · Minutes of the meeting held April 27, 2015 at 8:30 a.m. · Next meeting is scheduled to be held May 18, 2015 at 8:00 a.m. ATTACHMENTS: Name:Description:Type: 042715_-_CAC_Minutes.docx Minutes Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING Monday, April 27, 2015, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The April 27, 2015 meeting of the Yorba Linda Water District’s Citizens Advisory Committee was called to order by Chair Daniel Mole at 8:30 a.m. The meeting was held in the Training Room at the District’s Administration Building located at 1717 East Miraloma Avenue, Placentia, California 92870. 2. ROLL CALL COMMITTEE MEMBERS PRESENT Daniel Mole, Chair Bill Guse Rick Buck, Vice Chair Fred Hebein Lindon Baker Joe Holdren Carl Boznanski Modesto Llanos Oscar Bugarini, Sr. Cheryl Spencer-Borden YLWD DIRECTORS PRESENT YLWD STAFF PRESENT Ric Collett, President Marc Marcantonio, General Manager Damon Micalizzi, Public Information Manager Delia Lugo, Finance Manager Cindy Botts, Management Analyst Malissa Tem, Public Affairs Specialist 3. PUBLIC COMMENTS None. 4. DISCUSSION ITEMS 4.1. Recap of District Rate Workshop (Verbal Report) Staff presented to the Committee a recap of the District’s March 31, 2015 Rate and Budget Workshop, where the concept of adjusting the District’s business model to collect more of its operating costs on the basic service charge. 4.2. Governor's Executive Order for Mandatory Water Reductions Staff then presented to the Committee a summary of the Governor’s April 1, 2015 Executive Order and subsequent actions by the State Water Resources Control Board, that far exceeded staff and the Board’s expectations pertaining to conservation measures, along with a host of new regulations that the District must now address and explore options for compliance. It was discussed that the District would likely have to move to 2 Stage 3 of its Conservation Ordinance and employ new tactics for enforcement. 4.3. President's Report President Collett offered inputs during both presentations and added that the Citizens Advisory Committee would be vital to helping to communicate the complexity of these mandates and their effect on the District to the Community. 4.4. Future Agenda Items None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 10:35 a.m. The next Citizens Advisory Committee meeting is scheduled to be held Monday, May 18, 2015 at 8:00 a.m. DM ITEM NO. 8.1 AGENDA REPORT Meeting Date: May 11, 2015 Budgeted:Yes To:Board of Directors Cost Estimate:$714,627.67 Funding Source:All Funds From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Reviewed by Legal:N/A Prepared By:Richard Cabadas, Accounting Assistant I CEQA Compliance:N/A 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 $714,627.67. DISCUSSION: The major items on this disbursement list are as follows: A check of $102,688.74 to ACWA/JPIA for June’s 2015 medical & dental premium; a check of $50,266.68 to George Chevrolet for two 2015 Chevrolet trucks; a wire of $39,787.12 to So. California Edison for March’s 2015 electricity charges for various locations; and a wire of $24,698.14 to Southern California Gas Company for Richfields March’s 2015 gas charges. The balance of $247,391.81 is routine invoices. The Accounts Payable check register total is $464,832.49; Payroll No. 09 total is $249,795.18; and the disbursements of this agenda report are $714,627.67. 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: Name:Description:Type: 15-CS_0511.pdf CAP SHEET Backup Material 15_CC_0511.pdf CREDIT CARD SUMMARY Backup Material CkReg051115.pdf CHECK REGISTER Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/11/2015 MB/RK 4-0-0-1 PH was absent. . May 05, 2015 CHECK NUMBERS & WIRES: Computer Checks 65509—65609 $ 400,347.23 VOID 65461 $ 0.00 ___________ $ 400,347.23 WIRE: W042115 So. California Edison $ 39,787.12 W042215 So. California Gas Co. $ 24,698.14 ____________ $ 64,485.26 TOTAL OF CHECKS & WIRES $464,832.49 PAYROLL NO. 09: Direct Deposits $ 155,260.36 Third Party Checks 6126—6139 $ 52,597.63 Payroll Taxes $ 41,937.19 $ 249,795.18 TOTAL OF PAYROLL $249,795.18 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $714,627.67 ================================================================== APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF May 11, 2015 ==================================================================. Date Vendor Name Amount Description 3/2/2015 American Language Services 550.00 Translation for AB 2747 3/21/2015 OC Ice 64.80 Community outreach event 4/8/2015 FTP Today 54.95 ylwd.ftptoday.com 4/8/2015 Kohler 722.69 Cleaning material for waterless urinals 4/9/2015 Alonti Catering 119.00 Lunch for board meeting - 04/14/15 4/13/2015 Microsoft 99.00 Windows Pro 8.1 4/13/2015 AnswerOne Communication 306.25 Answering service 4/14/2015 Best Buy 109.07 Coffee maker for District kitchen 4/14/2015 Orchard Supply Hardware 18.25 Irrigation repair parts - Landscape 4/14/2015 Applian Technologies 69.90 Replay media catcher 4/15/2015 Wateruse Reasearch 600.00 Water Reuse Conference - Kiley, R 4/15/2015 So. Cal Water Committee 70.00 SCWC Quarterly Luncheon - Kiley, R 4/16/2015 OC Register 630.00 OC Register for unclaimed refunds 4/16/2015 Fry's Electronics 32.39 Keyboard 4/16/2015 Praxair 155.63 Welding supplies 4/16/2015 Village Nursery 160.94 Juniper bushes for landscape repair 4/20/2015 Fullerton Paint 256.13 Hydrant paint - Hylux Yellow 4/20/2015 Online Information Services 421.15 Utility exchange report for March 2015 4/20/2015 Placentia Disposal 504.52 (2) Front load - Richfield 4/21/2015 Tom's Place 103.01 Breakfast - Training Hazardous Waste 4/21/2015 Dan Copp Crushing 300.00 Dump Free for old asphalt 4/22/2015 AWWA 435.00 Training for Engineering Dept - Const. Division 4/22/2015 Red Wing Shoe 263.04 Boots purchase - McDonald, J 4/23/2015 A Nutter Daisy Kart 60.76 Sympathy plant for Varian, A 4/23/2015 Flowers by Eugene 76.25 Sympathy plant for Botts, C 4/27/2015 Super Shuttle 26.00 Ground transportation for ACWA Conference - Marc 4/28/2015 Sushi & Teriyaki 46.17 Lunch with presenter - HR 4/28/2015 AWWA 995.00 ACE 2015 - Full Conference 4/28/2015 Home Depot 22.51 Supplies for warehouse 4/28/2015 Harrington Industrial 361.57 3" ball valve for cl2 systems 4/28/2015 CWEA 156.00 Membership renewal - Ostiz, M 4/29/2015 NPELRA 160.00 Webinar: Filling a sucession pipeline 4/30/2015 Village Nursery 153.14 SOD for Landscape repair 8,103.12 Cal Card Credit Card U S Bank 3/02/15-4/30/15 Check No.Date Vendor Name Amount Description 65537 05/11/2015 ACWA/JPIA 102,688.74 MEDICAL & DENTAL PREM-JUNE 15 65536 05/11/2015 ALBERT CABRAL 50.74 CUSTOMER REFUND 65538 05/11/2015 Alex Thomas 220.00 CERT REIMBURSEMENT - THOMAS, A 65522 05/11/2015 ANGELICA KING 92.47 CUSTOMER REFUND 65539 05/11/2015 Aqua-Metric Sales Co.9,414.79 WAREHOUSE STOCK 65540 05/11/2015 Aramark 640.98 UNIFORM SERVICE 65533 05/11/2015 ASPEN RODEO 601.55 CUSTOMER REFUND 65541 05/11/2015 Associated Laboratories 2,353.70 MARCH INVOICE - LAB 65543 05/11/2015 AT & T 46.23 CIRCUIT 78KS315PT 65542 05/11/2015 AT & T - Calnet2 3,254.42 ATT - CALNET2 65544 05/11/2015 Autoscribe Corporation 810.00 PAYMENT VISION GATEWAY API 65509 05/11/2015 BARBARA SAMPLE 13.91 CUSTOMER REFUND 65546 05/11/2015 CalCard US Bank 8,103.12 CREDIT CARD TRANSACTIONS FOR APRIL 2015 65545 05/11/2015 CalPERS 8,185.56 FEES FOR GASB-68 REPORTS & 1959 SURVIVOR BENEFITS 65534 05/11/2015 CHAD MANSFIELD 73.98 CUSTOMER REFUND 65547 05/11/2015 Chambers Group Inc.3,992.36 PROF. SVC - MARCH 2015 65548 05/11/2015 City Of Anaheim 23,888.75 LAKEVIEW & RICHFIELD - ELEC - MARCH 2015 65549 05/11/2015 City Of Placentia 253.25 ENCROACHMENT PERMIT - 715671 65550 05/11/2015 Clinical Lab. Of San Bern.1,250.00 LAB TEST - WATER 65557 05/11/2015 Dean Criske Trucking 2,115.27 MATERIAL - BASE, SAND AND COLD MIX ASPHALT 65553 05/11/2015 Delia Lugo 68.85 FINANCE STAFF LUNCHEON 65551 05/11/2015 Dell Marketing L.P.18,745.50 COMPUTER & SERVER EQUIPMENT 65552 05/11/2015 Delta Wye Electric, Inc.2,303.74 NEW FLOWMETER SERVICE 65554 05/11/2015 Diane Dalton 349.04 BOOT REIMBURSEMENT - DALTON D 65555 05/11/2015 Dion & Sons, Inc.4,690.39 MYSELLA OIL 65556 05/11/2015 Don Gow 1,598.60 PINNACLE CHAIR - VEGA, A 65530 05/11/2015 DONEVA JONES 66.86 CUSTOMER REFUND 65558 05/11/2015 Eisel Enterprises, Inc.564.57 2013-04 & 2010-23 - METER BOX, LID & COVER 65559 05/11/2015 Employment Development Department 5,079.16 LATE PMT PIT/SDI #L1393706176 65560 05/11/2015 Energy Environmental Soln, Inc 2,400.00 ICE TESTING (LAKEVIEW) 65561 05/11/2015 Environmental Engineering & Contracting Inc.4,513.75 GIS/CMMS - PROF SVCS- MARCH 15 65525 05/11/2015 EVAN M KNUTSON 138.02 CUSTOMER REFUND 65526 05/11/2015 FERDI SATIO 88.08 CUSTOMER REFUND 65562 05/11/2015 Flex Advantage 112.50 FLEX ADVANTAGE - APRIL 2015 65518 05/11/2015 FORTUNE WEST PROPERTY 419.40 CUSTOMER REFUND 65563 05/11/2015 Freddie Ojeda 90.00 CERT REIMBURSEMENT - OJEDA, F 65564 05/11/2015 Fry's Electronics 262.38 TONER & CABLES - IT 65565 05/11/2015 Fuller Truck Accessories 1,896.40 CROSS BOX #209 AND LO BOX #208 65566 05/11/2015 George Chevrolet 50,266.68 2015 CHEVROLET TRUCK 1500 65517 05/11/2015 GREG HAYES 46.57 CUSTOMER REFUND 65567 05/11/2015 Haaker Equipment Co.12,552.83 CCTV REPAIR 65568 05/11/2015 Harrington Industrial 246.83 CL2 PARTS - PURTREX FILTER 65569 05/11/2015 Harris Steel Fence Co., Inc 25,100.90 J2014-10 - FINAL PROG. PMT 65571 05/11/2015 Infosend Inc.6,385.59 DATA, PRINT & POSTAGE 65572 05/11/2015 Jackson's Auto Supply - Napa 853.94 AUTOMOBILE MAINTENANCE 65535 05/11/2015 JIANG HONG -LI 225.00 CUSTOMER REFUND 65520 05/11/2015 JORDAN HAMILTON 197.45 CUSTOMER REFUND 65573 05/11/2015 Jorge Lopez 85.94 BOOT REIMBURSEMENT - LOPEZ J 65515 05/11/2015 JUDITH DAILEY 46.57 CUSTOMER REFUND 65529 05/11/2015 JUI TANG 188.49 CUSTOMER REFUND 65516 05/11/2015 JULIE BRIDGEWATER 50.00 CUSTOMER REFUND 65574 05/11/2015 Kana Pipeline, Inc 2,514.00 YLWD T&M REPAIR WORK 65524 05/11/2015 KEVIN SELL 4.20 CUSTOMER REFUND 65519 05/11/2015 KIM JAQUETTE 40.00 CUSTOMER REFUND 65512 05/11/2015 LIDA MEHR 99.91 CUSTOMER REFUND 65575 05/11/2015 Liebert Cassidy Whitmore 11,477.90 LEGAL SERVICES 65570 05/11/2015 MailFinance 313.93 MAIL FINANCE 65577 05/11/2015 Managed Health Network 164.25 EAP - MAY 2015 65579 05/11/2015 Marc Marcantonio 109.11 MI REIMBURSEMENT - MARC 65578 05/11/2015 Marina Landscape, Inc 427.50 INSTALL PLANT MATERIAL 65580 05/11/2015 Mc Fadden-Dale Hardware 876.63 HARDWARE SUPPLIES 65581 05/11/2015 Mc Master-Carr Supply Co.421.39 ENGINE MAINT SUPPLIES 65582 05/11/2015 Michael J. Beverage 51.75 MI REIMBURSEMENT - BEVERAGE,M 65523 05/11/2015 MICHAEL ONEILL 191.79 CUSTOMER REFUND Yorba Linda Water District Check Register For Checks Dated: 04/24/2015 thru 5/11/2015 65521 05/11/2015 NEASE PROPERTY MGMT 416.05 CUSTOMER REFUND 65583 05/11/2015 Nickey Kard Lock Inc 5,116.96 FUEL - MARCH 65584 05/11/2015 Office Solutions 1,212.69 OFFICE SUPPLIES & TONER 65511 05/11/2015 OK HWAN KIM 169.99 CUSTOMER REFUND 65528 05/11/2015 OLIVIA BOYINGTON 70.82 CUSTOMER REFUND 65585 05/11/2015 Orange County Water District 4,000.00 2009-22#21 - EASEMENT FEE 65586 05/11/2015 OUR FIRST AID COMPANY 184.52 FIRST AID KITS 65527 05/11/2015 P ASSET INC 371.43 CUSTOMER REFUND 65587 05/11/2015 Pete's Road Service Inc 121.52 SERVICE CALL - TIRE SERVICE 65588 05/11/2015 Powerstride Battery 159.44 H4D BATTERY 65589 05/11/2015 Praxair Distribution 157.80 SPEC MD ALUM 100-200 65590 05/11/2015 Prudential Group Insurance 3,891.55 INSURANCE LIFE/ADD/LTD & STD 65531 05/11/2015 PS OWEN INC 70.87 CUSTOMER REFUND 65601 05/11/2015 Rachel Padilla/Petty Cash 403.56 PETTY CASH - OFFICE & YARD 65591 05/11/2015 Raftelis Financial Consultants, Inc.5,000.65 PROF SVC - MARCH 2015 - STUDY 65592 05/11/2015 Robert Kiley 157.83 DATA PLAN & MILEAGE REIMBURSEMENT - KILEY,R 65514 05/11/2015 ROBIN MCCORMICK 60.07 CUSTOMER REFUND 65510 05/11/2015 S G WELLS 131.99 CUSTOMER REFUND 65593 05/11/2015 Sanders Paving, Inc.18,522.00 ASPHALT REPAIR - PAVING 65532 05/11/2015 SARAH MOLINA 205.81 CUSTOMER REFUND W042115 4/21/2015 SCE 39,787.12 Several accts - March 2015 65594 05/11/2015 Security Solutions 1,035.00 Receivings Transaction Entry 65595 05/11/2015 Severn Trent De Nora Texas, LLC 633.00 PLC SERVICE 65596 05/11/2015 Solarwinds Inc.3,800.00 PERF. MONITOR SL2000 65597 05/11/2015 South Coast AQMD 10,436.29 EMISSION REPORT & FEES 65600 05/11/2015 South Coast Water District 305.00 ICS-300 TRAINING 65598 05/11/2015 Southern Calif Edison Co.358.27 MULTIPLE LOCATIONS - APRIL 2015 65599 05/11/2015 Southern Calif Gas Co.4,624.16 MULTIPLE LOCATIONS - APRIL 2015 65604 05/11/2015 Stantec Consulting Services Inc.3,379.50 2014-23 - RICHFIELD ROAD PIPE 65602 05/11/2015 Staples Business Advantage 597.33 OFFICE SUPPLIES & TONER 65603 05/11/2015 Stater Bros. Markets 106.18 MEETING SUPPLIES 65605 05/11/2015 Steve Clayton 90.00 CERT REIMBURSEMENT - T3 65606 05/11/2015 Sunrise Medical Group 75.00 HEP B VACCINE 65513 05/11/2015 SUSAN MACNEIL 21.74 CUSTOMER REFUND 65607 05/11/2015 SWRCB 6,966.96 LARGE WATER SYSTEMS W042215 4/22/2015 The Gas Co.24,698.14 Richfield - March 2015 65576 05/11/2015 The Lighthouse Inc.1,149.68 LIGHT BAR - UNIT 209 & STRAP KIT 65608 05/11/2015 Time Warner Cable 1,688.85 BASIC CABLE & BCF FIBER INET 65609 05/11/2015 United Industries 278.51 BREAKROOM SUPPLIES & PPE EQUIPMENT 464,832.49 ITEM NO. 8.2 AGENDA REPORT Meeting Date: May 11, 2015 Budgeted:Yes Total Budget:$55,000 To:Board of Directors Cost Estimate:$32,422 Funding Source:Operating Funds From:Marc Marcantonio, General Manager Job No:J2014-10 Presented By:Steve Conklin, Engineering Manager Dept:Engineering Reviewed by Legal:N/A Prepared By:Bryan Hong, Associate Engineer CEQA Compliance:Exempt Subject:Final Progress Payment No. 2 and Request to File Notice of Completion for the Richfield Gate Modifications Project SUMMARY: Construction is complete on the Richfield Gate Modifications Project. The project consists of replacing the existing sliding gate with new swing gates located further away from the street. Submitted for Board approval is the Final Progress Payment No. 2. STAFF RECOMMENDATION: That the Board of Directors approve Final Progress Payment No. 2 in the net amount of $25,100.90 to Harris Steel Fence Co., Inc. and 5% retention of $1,321.10; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation, if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for construction of the Richfield Gate Modifications Project, Job No. 2014-10. DISCUSSION: In accordance with the contract documents, Harris Steel Fence Co., Inc. submitted a request for Final Progress Payment No. 2, in the amount of $26,422.00 for completed work through April 21, 2015. During this period, the contractor installed the new fence panels and swing gates to compete the project. This is the final pay request for this project. Change Order No. 1 was previously approved for a no-cost, 60 day time extension. Change Order No. 2 was previously approved in the amount of $500.00 for extra electrical conduit work. The status of the construction contract with Harris Steel Fence Co., Inc. is as follows: The current contract is $32,422.00 and 90 calendar days starting February 10, 2015. If approved, Final Progress Payment No. 2 is $26,422.00 (81.5% of the total contract amount), less 5% retention of $1321.10 for a net payment of $25,100.90. If approved, total payments to date including retention will be $32,422.00 (100% of the total contract amount). Staff reviewed the contractor’s progress payment request and recommends approval. A copy of Final Progress Payment No. 2 is attached for your reference. STRATEGIC PLAN: SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with adopted amendments PRIOR RELEVANT BOARD ACTION(S): On December 8, 2014, the Board of Directors awarded a Construction Contract in the amount of $31,922 to Harris Steel Fence Co., Inc. for the Richfield Gate Modifications Project. On March 25, 2015, the Board of Directions approved Progress Payment No. 1 and Change Order No. 1. ATTACHMENTS: Name:Description:Type: Richfield_Gate_PPR_002.pdf Final PPR No. 2_Richfield Gate Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/11/2015 MB/RK 4-0-0-1 PH was absent. YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Richfield Gate Modifications PROGRESS PAY REQUEST NO. 002 LOCATION Placentia,CA PROJECT NO. 201410 PAGE 1 OF 1 PAGES CONTRACTOR Harris Steel Fence Company, Inc. DATE 4/21/15 ORIGINAL CONTRACT AMOUNT: $ 31,922.00 AUTHORIZED CHANGE ORDERS: $ 500.00 REVISED CONTRACT AMOUNT: $ 32,422.00 PROGRESS PAY ESTIMATE FOR PERIOD April 1,2015 TO April 21,2015 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 6,000.00 $ 25,922.00 $ 31,922.00 CHANGE ORDER WORK COMPLETED $ - $ 500.00 $ 500.00 TOTAL VALUE OF WORK COMPLETED $ 6,000.00 $ 26,422.00 $ 32,422.00 LESS RETENTION 5% $ 5,700.00 $ 25,100.90 $ 30,800.90 LESS OTHER DEDUCTIONS Electronic Wire Fees NET EARNED TO DATE $ 30,800.90 LESS AMOUNT PREVIOUSLY PAID $ 5,700.00 BALANCE DUE THIS ESTIMATE $ 25,100.90 NOTICE TO PROCEED February 10,2015 COMPLETION TIME 30 CALENDAR DAYS APPROVED TIME EXTENSIONS 60 CALENDAR DAYS TOTAL CONTRACT TIME 90 CALENDAR DAYS TIME EXPENDED TO DATE 71 CALENDAR DAYS TIME REMAINING 19 CALENDAR DAYS REQUESTED BY: DATE: ` Daniel Blanciak,Prbject Manager,Harris Steel Fence Inc. LG ��zv�� RECOMMENDED: DATE: Bryah Hong,Project Ma ager,YLWD APPROVED BY: !DATE: Steve Conklin,Engineering Manager,YLWD ITEM NO. 8.3 AGENDA REPORT Meeting Date: May 11, 2015 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Prepared By:Kelly McCann, Senior Accountant Subject:Unaudited Financial Statement for the Period Ending March 31, 2015 SUMMARY: Presented are the Unaudited Financial Statements for the Period Ending March 31, 2015. STAFF RECOMMENDATION: That the Board of Directors receive and file the Unaudited Financial Statements for the Period Ending March 31, 2015. DISCUSSION: For the period ending March 31, 2015, staff is presenting unaudited statements in the CAFR format. We have included the traditional budget to actual statements for the District as a whole, as well as the individual water and sewer funds, and the debt service coverage calculation. Water Operating Revenue for water service, as presented, is 71.23% of annual budget, which is 1.5% lower than the historical trend for this point of the year. Due to implementing Stage 1 of the District’s Water Conservation Ordinance, as well as the effect from media coverage of the State’s drought conditions, water revenue in relation to water sales has decrease 6% when compared to the same reporting period of last fiscal year. Water Other Operating Revenue is 109.85% of annual budget. Sewer Other Operating Revenue, as presented, is 117.82% of annual budget. As reported through March 31, 2015, Variable Water Costs are 67.47% of budget. These Variable Water Costs reflect an approximate decrease of 6.65%, when compared to the same reporting from last fiscal year. With the issuance of the 2008 Certificates of Participation (COP’s) and the Refunding Revenue Bonds, Series 2012A the District covenanted “…to fix, prescribe and collect rates and charges for Water Service which will be at least sufficient to yield during each Fiscal Year, Net Revenues equal to 110% of the Debit Service for such Fiscal Year.” To confirm the covenant is upheld, a calculation is made quarterly and presented to the Finance- Accounting Committee and received and filed by the Board of Directors. Accordingly, the unaudited debt service ratio through March 2015 is shown in the calculation as 209%. This shows strong financial health for the District as it pertains to the debt service ratio. STRATEGIC PLAN: FR 1-F: Continue to Record and Report the Fairly Stated Financial Activities of the District in a Timely and Transparent Manner to the Board of Directors and Member Agencies ATTACHMENTS: Name:Description:Type: FY_2015_3rd_Qtr_Consolidated_Balance_Sheet.xlsx FY 2015 3rd Qtr Consolidated Balance Sheet Backup Material 3rd_Qtr_2015_Debt_Svc_Calc.xlsx FY 2015 3rd Qtr Debt Service Calculation Backup Material 3rd_QTR_2015_Consolidated_Statement.xlsx FY 2015 3rd Qtr Consolidated Statement Backup Material 3rd_QTR_2015_Sewer_statement.xlsx FY 2015 3rd Qtr Sewer Statement Backup Material 3rd_QTR_Water_statement.xlsx FY 2015 3rd Qtr Water Statement Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/11/2015 MB/RK 4-0-0-1 PH was absent. ASSETS March 2015March 2014 CURRENT ASSETS: Cash and cash equivalents 21,547,545$ 12,350,939$ Investment 9,419,478 9,220,370 Accounts receivable - water and sewer services2,788,759 2,616,634 Accrued interest receivable 18,915 18,332 Prepaid expenses & other deposits 346,205 253,942 Inventory 271,875 271,830 TOTAL CURRENT ASSETS 34,392,777 24,732,047 NONCURRENT ASSETS: Bond issuance costs 457,128 491,972 Other post-employment benefit (OPEB) asset 138,944 130,153 Capital assets: Non-depreciable 3,823,852 5,919,334 Depreciable, net of accumulated depreciation 191,556,271 192,567,703 TOTAL NONCURRENT ASSETS195,976,195 199,109,162 TOTAL ASSETS 230,368,972 223,841,209 LIABILITIES CURRENT LIABILITIES: Accounts payable 1,246,737 1,062,548 Accrued expenses 924,480 791,603 Accrued interest payable 848,029 865,475 Certificates of Participation - current portion765,000 735,000 Accrued OPEB 8,305 - Refunding Revenue Bond - current portion280,000 275,000 Compensated absences 281,896 249,021 Customer and construction deposits 384,569 399,470 Deferred revenue 380,795 397,922 TOTAL CURRENT LIABILITIES 5,119,811 4,776,039 LONG-TERM LIABILITIES (LESS CURRENT PORTION): Deferred annexation revenue 13,757,522 13,586,551 Compensated absences 892,672 788,568 Refunding Revenue Bond 7,515,000 7,795,000 LOC 5,620,784 3,406,409 Certificate of Participation 31,345,006 32,204,833 TOTAL LONG TERM LIABILITIES (LESS CURRENT PORTION)59,130,984 57,781,361 TOTAL LIABILITIES 64,250,795 62,557,400 NET ASSETS:166,118,177$ 161,283,809$ YORBA LINDA WATER DISTRICT UNAUDITED COMBINING SCHEDULE OF NET ASSETS March 31, 2015 (With March 31, 2014 for comparison only) March 2015March 2014 OPERATING REVENUES: Water sales 20,297,732$ 20,759,619$ Sewer revenues 1,310,654 1,290,650 Other operating revenues 794,673 775,542 TOTAL OPERATING REVENUES22,403,060 22,825,811 OPERATING EXPENSES Variable water costs 10,072,620 10,203,968 Personnel services 5,892,572 5,648,397 Supplies and services 2,786,376 2,793,141 Depreciation and amortization 5,549,210 5,451,625 TOTAL OPERATING EXPENSES24,300,778 24,097,131 OPERATING INCOME/(LOSS)(1,897,718) (1,271,320) NONOPERATING REVENUES (EXPENSES): Property taxes 929,606 861,289 Investment income 122,969 94,527 Interest expense (1,287,498) (1,301,241) Other nonoperating revenues 504,859 579,439 Other nonoperating expenses (112,014) (20,223) TOTAL NONOPERATING REVENUES/EXPENSES157,922 213,791 NET INCOME/(LOSS) BEFORE CAPITAL CONTRIBUTIONS & EXTRAORDINARY ITEM(S)(1,739,796) (1,057,529) EXTRAORDINARY ITEM(S)- CAPITAL CONTRIBUTIONS 81,104 625,028 CHANGES IN NET ASSETS (1,658,692) (432,501) NET ASSETS - BEGINNING OF YEAR167,776,869 161,716,310 NET ASSETS - FOR PERIOD END MARCH 31, 2014166,118,177$ 161,283,809$ (With fiscal year ended March 2014 for comparison only) For the period ended March 31, 2015 YORBA LINDA WATER DISTRICT UNAUDITED COMBINING SCHEDULE OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS YTD Debt Actual Service FY 2015 Calculation Revenue (Operating): Water Sales $20,297,73320,297,733$ Other Operating Revenue736,029736,029 Total Operating Revenue:21,033,76221,033,762 Revenue (Non-Operating): Interest 111,700 111,700 Property Tax 929,605929,605 Other Non-Operating Revenue497,635158,550 Total Non-Operating Revenue:1,538,9401,199,855 Total Revenue 22,572,702 22,233,617 Expenses (Operating): Variable Water Costs (G.W., Import & Power)10,072,62010,072,620 Salary Related Expenses5,215,4755,215,475 Supplies & Services 2,554,8092,554,809 Depreciation 4,541,931- Total Operating Expenses 22,384,83517,842,904 Expenses (Non-Operating): Interest on Long Term Debt1,287,498- Other Expense 112,014112,014 Total Non-Operating Expenses:1,399,512112,014 Total Expenses 23,784,347 17,954,918 Net Income (Loss) Before Capital Contributions (1,211,645)4,278,699 Capital Contributions 61,035 - Net Change in Assest (1,150,610)$ 4,278,699$ DEBT SERVICE RATIO CALCULATION: Net Revenues 4,278,699$ Debt Service 2,047,113$ %209% Yorba Linda Water District Unaudited Debt Service Ratio Calculation For Period Ending March 31, 2015 Annual YTD Mar YTD YTD YTD Budget Budget Actual Actual Under(Over)% of FY 2015 FY 2015 FY 2015 FY 2015 Budget Budget Revenue (Operating): Water Revenue (Residential)$17,154,552$12,865,914$1,484,530$11,901,510$5,253,04269.38% Water Revenue (Commercial & Fire Det.)2,074,0971,555,573127,5761,458,346615,75170.31% Water Revenue (Landscape/Irrigation)4,792,9953,594,746204,8383,192,3841,600,61166.61% Water Revenue (Service Charge)4,478,0003,358,500422,1953,745,495732,50583.64% Sewer Charge Revenue1,605,2921,203,969129,7711,190,664414,62874.17% Locke Ranch Assessments201,000150,75010,094119,99081,01059.70% Other Operating Revenue719,777539,83372,103794,671(74,894)110.41% Total Operating Revenue:31,025,71323,269,2852,451,10722,403,0608,622,65372.21% Revenue (Non-Operating): Interest 112,00084,00014,333122,969(10,969)109.79% Property Tax 1,283,642962,73281,606 929,606354,03672.42% Other Non-Operating Revenue533,525400,144105,008504,85928,66694.63% Total Non-Operating Revenue:1,929,1671,446,875200,9471,557,434371,73380.73% Total Revenue 32,954,880 24,716,160 2,652,054 23,960,494 8,994,386 72.71% Expenses (Operating): Variable Water Costs (G.W., Import & Power)14,928,97211,196,729883,32110,072,6204,856,35267.47% Salary Related Expenses8,224,8126,168,609646,3555,892,5732,332,23971.64% Supplies & Services 4,389,8403,292,38064,6922,786,3761,603,46463.47% Total Operating Expenses27,543,62420,657,7181,594,36818,751,5698,792,05568.08% Expenses (Non-Operating): Interest on Long Term Debt1,780,7931,335,594152,3711,287,498493,29572.30% Other Expense 72,00054,000(1,134)112,014(40,014)155.58% Total Non-Operating Expenses:1,852,7931,389,594151,2371,399,512453,28175.54% Total Expenses 29,396,416 22,047,312 1,745,605 20,151,081 9,245,335 68.55% Net Income (Loss) Before Capital Contributions 3,558,464 2,668,848 906,449 3,809,413 (250,949)107.05% Capital Contributions - - 893 81,106 81,106 0.00% Net Income (Loss) Before Depreciation 3,558,464 2,668,848 907,342 3,890,519 (332,055)109.33% Depreciation & Amortization7,337,5005,503,125630,5815,549,2111,788,28975.63% Total Net Income (Loss)($3,779,036)($2,834,277)$276,761 ($1,658,692)($2,120,344)43.89% Capital - Direct Labor (14,563)(197,829) Yorba Linda Water District Summary Financial Report Water & Sewer Funds For Period Ending March 31, 2015 Annual YTD Mar YTD YTD YTD Budget Budget Actual Actual Under(Over)% of Annual FY 2015 FY 2015 FY 2015 FY 2015 Budget Budget Revenue (Operating): Sewer Charge Revenue$1,605,292$1,203,969$129,771$1,190,664$414,62874.17% Locke Ranch Assessments201,000150,75010,094119,99081,01059.70% Other Operating Revenue49,77437,3319,67258,644 (8,870) 117.82% Total Operating Revenue:1,856,0661,392,050149,5371,369,298486,76873.77% Revenue (Non-Operating): Interest 12,0009,0001,31211,26973193.91% Other Non-Operating Revenue11,9258,9448,6207,224 4,70160.58% Total Non-Operating Revenue:23,92517,9449,93218,4935,43277.30% Total Revenue 1,879,991 1,409,993 159,469 1,387,791 492,200 73.82% Expenses (Operating): Salary Related Expenses861,340646,00577,781677,097184,24380.82% Supplies & Services: Communications 21,10815,8311,2177,29813,81034.57% Contractual Services39,24929,4372,42524,36314,88662.07% Data Processing 13,0789,8091,04710,0353,043 76.73% Dues & Memberships5,7444,30865,03570987.66% Fees & Permits 16,753 12,565 455 7,218 9,535 43.08% Board Election 5,250 3,938 - 5,250 0.00% Insurance 21,934 16,451 (25)17,631 4,303 80.38% Materials 78,75659,06753917,87860,87822.70% District Activities, Emp Recognition1,730 1,298111 6681,06238.61% Maintenance 112,60584,45459552,15860,44746.32% Non-Capital Equipment19,47514,60660423,582(4,107) 121.09% Office Expense 2,8332,1242592,14768575.82% Professional Services39,41329,5592,22117,29522,11843.88% Training 6,6094,9561973,5023,10653.00% Travel & Conferences4,3713,2781061,6652,70638.08% Uncollectible Accounts2,8002,100115211 2,5907.52% Utilities 7,1005,325604 5,0152,08670.63% Vehicle Equipment77,26157,9456,15035,86741,39446.42% Supplies & Services Sub-Total476,066357,05016,625231,567244,49948.64% Total Operating Expenses1,337,4061,003,05594,406908,664428,74267.94% Expenses (Non-Operating): Interest Expense - - - - - 0.00% Other Expense - - - - - 0.00% Total Non-Operating Expenses:- - - - - 0.00% Total Expenses 1,337,406 1,003,055 94,406 908,664 428,742 67.94% Net Income (Loss) Before Capital Contributions 542,585 406,939 65,063 479,127 63,458 88.30% Capital Contributions - - 893 20,07020,0700.00% Net Income (Loss) Before Depreciation 542,585 406,939 65,956 499,197 83,528 92.00% Depreciation & Amortization1,345,0001,008,750112,1131,007,279337,72174.89% Total Net Income (Loss)($802,415)($601,811)($46,157)($508,082)($294,333)63.32% Capital - Direct Labor (5,283)(19,068) Yorba Linda Water District Sewer Fund For Period Ending March 31, 2015 Annual YTD Mar YTD YTD YTD Budget Budget Actual Actual Under(Over)% of Annual FY 2015 FY 2015 FY 2015 FY 2015 FY Budget Budget Revenue (Operating): Water Revenue (Residential)$17,154,552 $12,865,914 1,484,530 $11,901,508 $5,253,044 69.38% Water Revenue (Commercial & Fire Det.)2,074,097 1,555,573 127,576 1,458,346 615,751 70.31% Water Revenue (Landscape/Irrigation)4,792,995 3,594,746 204,838 3,192,384 1,600,611 66.61% Water Revenue (Service Charge)4,478,000 3,358,500 422,195 3,745,495 732,505 83.64% Other Operating Revenue 670,003 502,502 62,431 736,029 (66,026) 109.85% Total Operating Revenue:29,169,647 21,877,235 2,301,570 21,033,762 8,135,885 72.11% Revenue (Non-Operating): Interest 100,000 75,000 13,021 111,700 (11,700) 111.70% Property Tax 1,283,642962,73281,606 929,605354,03772.42% Other Non-Operating Revenue 521,600 391,200 96,388 497,635 23,965 95.41% Total Non-Operating Revenue:1,905,242 1,428,932 191,015 1,538,940 366,302 80.77% Total Revenue 31,074,889 23,306,167 2,492,585 22,572,702 8,502,187 72.64% Expenses (Operating): Variable Water Costs (G.W., Import & Power)14,928,972 11,196,729 883,321 10,072,620 4,856,352 67.47% Salary Related Expenses 7,363,472 5,522,604 568,574 5,215,475 2,147,997 73.26% Supplies & Services: Communications 273,786 205,340 16,162 144,925 128,861 52.93% Contractual Services 521,451 391,088 20,852 342,933 178,518 65.77% Data Processing 173,752 130,314 (43,756) 124,403 49,349 71.60% Dues & Memberships 72,321 54,241 85 67,004 5,317 92.65% Fees & Permits 169,437 127,078 24,781 129,193 40,244 76.25% Board Election 69,750 52,313 - 69,750 0.00% Insurance 291,406218,555(134,032) 181,406110,000 62.25% Materials 579,369 434,527 49,022 513,202 66,167 88.58% District Activities, Emp Recognition 22,980 17,235 1,472 8,962 14,018 39.00% Maintenance 394,416 295,812 29,348 335,509 58,907 85.06% Non-Capital Equipment 132,525 99,394 9,801 84,675 47,850 63.89% Office Expense 37,642 28,232 3,443 28,632 9,010 76.06% Professional Services 672,197 504,148 32,076 249,657 422,540 37.14% Training 58,571 43,928 2,806 30,956 27,615 52.85% Travel & Conferences 42,129 31,597 1,394 21,407 20,722 50.81% Uncollectible Accounts 37,200 27,900 477 593 36,607 1.59% Utilities 83,700 62,775 7,219 58,630 25,070 70.05% Vehicle Equipment 281,139 210,855 26,916 232,722 48,417 82.78% Supplies & Services Sub-Total 3,913,772 2,935,329 48,066 2,554,809 1,358,963 65.28% Total Operating Expenses 26,206,216 19,654,662 1,499,961 17,842,904 8,363,312 68.09% Expenses (Non-Operating): Interest on Long Term Debt 1,780,793 1,335,595 152,371 1,287,498 493,295 72.30% Other Expense 72,000 54,000 (1,134)112,014 (40,014) 155.58% Total Non-Operating Expenses:1,852,793 1,389,595 151,237 1,399,512 453,281 75.54% Total Expenses 28,059,009 21,044,257 1,651,198 19,242,416 8,816,593 68.58% Net Income (Loss) Before Capital Contributions 3,015,880 2,261,910 841,387 3,330,286 (314,406)110.43% Capital Contributions - - - 61,035 61,035 0.00% Net Income (Loss) Before Depreciation 3,015,880 2,261,910 841,387 3,391,321 (253,371)112.45% Depreciation & Amortization 5,992,500 4,494,375 518,468 4,541,931 1,450,569 75.79% Total Net Income (Loss)($2,976,620)($2,232,465)$322,919 ($1,150,610)($1,826,010)38.65% Capital - Direct Labor (9,281)(178,762) Yorba Linda Water District Water Fund For Period Ending March 31, 2015 ITEM NO. 8.4 AGENDA REPORT Meeting Date: May 11, 2015 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Prepared By:Kelly McCann, Senior Accountant Subject:Investment Report for Period Ending March 31, 2015 SUMMARY: Government Code Section 530607, et. seq., requires the person delegated to invest funds to make quarterly report of investments to the legislative body. STAFF RECOMMENDATION: That the Board of Directors receive and file the Investment Report for the Period Ending March 31, 2015. DISCUSSION: Staff is submitting Investment Report for the Period Ending March 2015 for your review and approval. This report ends the third quarter of FY 2014/15. The Investment Portfolio Report presents the market value and the percent yield for all the District investments by institution. The Investment Summary Report includes budget and actual interest, average term portfolio information, and market value broken out by reserve categories. The total yield for the month of March 2015 was 0.60%. STRATEGIC PLAN: FR 1-F: Continue to Record and Report the Fairly Stated Financial Activities of the District in a Timely and Transparent Manner to the Board of Directors and Member Agencies ATTACHMENTS: Name:Description:Type: Invst_Rpt_03-15.xlsx Investment Report for Period Ending March 2015 Backup Material Invst_Agenda_Backup_-_March_2015.xlsx Investment Summary Report - March 2015 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/11/2015 MB/RK 4-0-0-1 PH was absent. Market %Date ofPercent Value Parof TotalInstitutionMaturityYield Checking Account: 185,401$ 185,401$ Wells Fargo Bank 15,908 15,908 Pershing 201,308$ 201,308$ 0.65%Total 0.00% Money Market Accounts: 54,985$ 54,985$ Wells Fargo Money Market0.03% 894,526 894,526 US Bank (Revenue Bonds)0.02% 3,834,251 3,834,251 Bank of the West 0.08% 4,783,762$ 4,783,762$ 15.45%Total 0.07% Federal Agency Securities: 498,720$ 500,000$ Fannie Mae05/25/181.12% 497,540$ 500,000 Federal Home Loan Bank06/12/181.00% 500,490$ 500,000 Fannie Mae06/12/180.84% 498,620$ 500,000 Federal Home Loan Bank06/13/181.10% 498,890$ 500,000 Federal Home Loan Bank06/20/181.12% 2,124,581$ 2,124,676 Federal Home Loan Bank05/24/170.87% 4,618,841$ 4,624,676$ 14.92%Total 0.96% Certificates of Deposits: 247,869$ 248,000$ CIT Bank, Salt Lake05/22/181.20% 247,717$ 248,000 Discover05/22/181.20% 246,810$ 248,000 Goldman Sachs Bank05/22/181.20% 247,936$ 248,000 Beal Bank05/23/181.00% 249,322$ 248,000 Wells Fargo04/27/180.89% 247,472$ 247,000 Barclays Bank04/30/180.69% 248,464$ 248,000 State Bank of India05/14/181.14% 245,731$ 249,000 Webster Bank05/03/180.91% 247,861$ 248,000 American Express Centurion Bank05/23/18 1.20% 246,033$ 248,000 GE Capital Bank05/24/181.10% 249,979$ 249,000 Merrick Bank05/24/170.74% 248,970$ 248,000 BMW Bank05/24/170.89% 249,732$ 249,000 Firstbank Puerto Rico05/24/160.74% 246,587$ 249,000 Oriental Bank & Trust05/29/181.06% 246,191$ 249,000 Silvergate Bank05/30/181.01% 246,191$ 249,000 Enterprise Bank & TR Co Lowell05/30/181.01% 246,186$ 249,000 Safra National Bank05/31/181.01% 245,200$ 248,000 Townebank Portsmouth05/31/181.01% 246,204$ 249,000 Mascoma Savings Bank05/29/181.01% 100,183$ 100,000 Ally Bank Midvale Utah12/11/171.54% 4,800,637$ 4,819,000$ 15.50%Total 1.01% Pooled Investment Accounts: 7,114,710$ 7,114,710$ Local Agency Investment Fund0.27% 3,080 3,079 CalTRUST Short Term0.40% 9,443,436 9,444,101 CalTRUST Medium Term0.74% 16,561,227$ 16,561,891$ 53.48%0.54% 30,965,774$ 30,990,637$ 100%Total Investments0.60% Per Government Code requirements, the Investment Report is in compliance with the Yorba Linda Water District's Investment Policy, and there are adequate funds available to meet budgeted and actual expenditures for the next six months. 3/31/15 Yorba Linda Water District Investment Portfolio Report March 31, 2015 ________________________________ Kelly D. McCann, Senior Accountant Below is a chart summarizing the yields as well as terms and maturities for the month of March 2015: Average# of Month PortfolioDays to of 2015 Yield Maturity March0.60%316 Below are charts comparing operating fund interest for current and prior fiscal years. Actual Interest 3/31/20143/31/2015 Monthly - March 8,357$ 14,310$ Year-to-Date 94,528$ 122,946$ Budget 2013/20142014/2015 Interest Budget, March YTD 65,250$ 84,000$ Interest Budget, Annual 87,000$ 112,000$ Interest earned on investments is recorded in the fund that owns the investment. The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds is as follows: February 2015% AllocMarch 2015% Alloc Fund DescriptionBalance2/28/2015Balance3/31/2015 Water Operating Reserve2,433,106$ 8.11%2,782,815$ 9.04% Water Emergency Reserve1,017,1463.39%1,022,6603.32% Water Capital Project Reserve17,290,29657.61%17,342,18956.34% Water Reserve for Debt Service3,208,71410.69%2,732,3068.88% Maintenance Reserve150,5100.50%150,5100.49% Employee Liability Reserve200,2310.67%200,2430.65% COP Revenue Bond 2008 - Reserve2,168,6927.23%3,019,1079.81% Sewer Operating Reserve 302,5121.01%302,5410.98% Sewer Emergency Reserve1,014,8993.38%1,017,5023.31% Sewer Capital Project Reserve2,228,6607.43%2,210,5007.18% 30,014,767$ 100.00%30,780,374$ 100.00% Water Operating11,586 50,034 Sewer Operating48,360 135,366 59,945 185,401 Totals 30,074,712$ 30,965,774$ Investment Summary Report Investment Summary Comparison Between Current and Previous Month Wells Fargo Bank Checking ITEM NO. 8.5 AGENDA REPORT Meeting Date: May 11, 2015 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Prepared By:Richard Cabadas, Accounting Assistant I Subject:Directors and General Manager Fees and Expenses Report for Third Quarter FY 2014/15 SUMMARY: Presented are the Third Quarter Directors and General Manager Fees and Expenses Report for FY 2014/15. STAFF RECOMMENDATION: That the Board of Directors receive and file the Third Quarter Directors and General Manager Fees and Expenses Report for FY 2014/15. ATTACHMENTS: Name:Description:Type: Travel___Expense_Report.xlsx Travel and Expense Detail - 3rd Qtr FY 2014-15 Backup Material BOD___GM_Qtr_Summary.xlsx 3rd Qtr. FY 2014-15 Fees and Expense Report Backup Material BOD___GM_YTD_FYE_2015.xlsx YTD Fiscal Year 2014-15 Fees and Expense Report Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/11/2015 MB/RK 4-0-0-1 PH was absent. DIRECTOR'S&GENERAL MANAGER'S RECAP OF TRAVEL/CONFERENCE EXPENSES THIRD QUARTER OF FY 2014-15 JANUARY-MARCH 2015 GL Trip Trip Trip Event/ Director Date Date Name Location Meals Lodging Travel Conf.Fee Misc. Total trip Total Beverage 2/27/15 2/25/15 OCSD-Board meeting Fountain Valley $ $ $ 26 $ $ - $ 26 $ $ 26 Collett 1/31/15 2/5/15 MWDOC-Water Policy Forum Costa Mesa,CA $ $ $ $ 80 $ - $ 80 2/27/15 2/26/15 Placentia Chamber of Commerce City of Placentia,CA $ $ $ $ 45 $ - $ 45 $ 125 Hawkins 2/12/15 01/1-2/15 Meetings at various locations Multiple Locations $ $ $ 74 $ $ - $ 74 $ $ 74 Kiley 1/13/15 1/7/15 Rate Making Seminar-Law Seminar International Long Beach,CA $ 13 $ $ 35 $ 395 $ - $ 443 1/13/15 1/21-23/15 CASA Conference Palm Springs,CA $ 150 $ 199 $ 99 $ 500 $ 15 $ 963 1/31/15 1/09/15,1/19/15 Meetings at various locations Multiple locations $ - $ - $ 50 $ - $ - $ 50 1/31/15 1/29/15 ISDOC-Luncheon Fountain Valley,CA $ $ $ $ 17 $ - $ 17 1/31/15 2/5/15 MWDOC-Water Policy Forum Costa Mesa,CA $ $ $ $ 80 $ - $ 80 1/31/15 2/11/15 CA-NV AWWA/CUWCC-Emergency Preparedness Rancho Cucamonga,CA $ $ $ 47 $ 175 $ - $ 222 1/31/15 3/4-6/15 Urban Water Institute Palm Springs,CA $ 26 $ $ 229 $ 475 $ 5 $ 735 2/17/15 2/19/15 Placentia Chamber of Commerce City of Placentia,CA $ $ $ - $ 45 $ - $ 45 2/28/15 2/4-6&2/18/15 Meetings at various locations Multiple locations $ $ $ 88 $ - $ - $ 88 3/31/15 3/1-31/15 Meetings at various locations Multiple locations $ $ $ 115 $ $ - $ 115 $ 2,758 Melton 1/31/15 2/5/15 MWDOC-Water Policy Forum Costa Mesa,CA $ $ $ - $ 80 $ - $ 80 2/28/15 1/1-31/15 MWDOC Fountain Valley,CA $ $ $ 106 $ $ - $ 106 $ $ $ - $ $ $ - $ 186 Total Director's $ 189 $ 199 $ 869 $ 1,892 $ 20 $ 3,170 $ 3,170 General Manager Marcantonio 1/12/15 3/5-6/15 Liebert Cassidy Whitmore-Public Sector Employment Anaheim,CA $ - $ - $ - $ 350 $ - $ 350 1/31/15 12/12-18/15 Meetings at various locations Multiple Locations $ $ $ 44 $ - $ - $ 44 1/31/15 1/1-30/15 Meetings at various locations Multiple Locations $ $ $ 174 $ $ - $ 174 1/31/15 1/14-15/15 Laserfiche Conference Anaheim,CA $ $ $ 40 $ $ - $ 40 1/31/15 2/5/15 MWDOC Costa Mesa,CA $ $ $ - $ 80 $ - $ 80 2/17/15 2/19/15 Placentia Chamber of Commerce-State of City Luncheon Placentia,CA $ $ $ $ 45 $ - $ 45 2/17/15 2/18/15 Orange County Water Association Irvine,CA $ $ $ $ 30 $ - $ 30 2/17/15 117/15 Law Seminar International-Ratemaking Seminar Lakewood,CA $ 13 $ $ $ $ - $ 13 3/16/15 3/18/15 OCWA Irvine,CA $ $ $ $ 30 $ - $ 30 3/26/15 2/1-28/15 Meetings at various locations Multiple Locations $ $ $ 62 $ $ - $ 62 3/31/15 03/1-31/15 Meetings at various locations Multiple Locations $ $ $ 133 $ $ - $ 133 Total GM $ 13 $ $ 454 $ 535 $ - $ 1,002 $ 1,002 Total Director's&GM $ 202 $ 199 $ 1,323 $ 2,427 $ 20 $ 4,172 $ 4,172 YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES 3RD QUARTER REPORT FROM 01-01-2015 TO 03-31-2015 FISCAL YEAR 2014-2015 BEVERAGE COLLETT HAWKINS KILEY MELTON SUB-TOTAL MARCANTONIO TOTAL REGULAR MEETINGS ATTENDED 6 6 5 5 6 28 COMMITTEE MEETINGS ATTENDED 7 6 1 1 4 19 OFF SITE MEETINGS ATTENDED 6 8 2 7 10 33 SPECIAL MEETINGS ATTENDED 6 6 6 6 6 30 OTHER MEETINGS ATTENDED 1 2 1 10 0 14 TOTAL MEETINGS ATTENDED QTD 26 28 15 29 26 124 124 DIRECTOR FEES QTD $3,900 $4,200 $2,250 $4,350 $3,900 $18,600 $18,600 MEETING FEES BUDGET QTD $4,500 $4,500 $4,500 $4,500 $4,500 $22,500 $22,500 TRAVEL&CONF.EXPENSES QTD $26 $125 $74 $2,758 $186 $3,170 $3,170 TRAVEL&CONF.BUDGET QTD $470 $470 $470 $470 $470 $2,350 $2,350 DIR.FEES AND EXPENSES QTD $3,926 $4,325 $2,324 $7,108 $4,086 $21,770 $21,770 FEES AND EXPENSES BUDGET QTD $4,970 $4,970 $4,970 $4,970 $4,970 $24,850 $24,850 GEN MGR EXPENSES QTD $1,002 $1,002 GEN MGR TRAVEL/CONF.BUDGET QTD $500 $500 TOTAL FEES&EXPENSES QTD $3,926 $4,325 $2,324 $7,108 $4,086 $21,770 $1,002 $22,772 TOTAL FEES&EXPENSES BUDGET QTD $4,970 $4,970 $4,970 $4,970 $4,970 $24,850 $500 $25,350 YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES YEAR-TO-DATE REPORT FROM 07-01-2014 TO 3-31-15 FISCAL YEAR 2014-2015 BEVERAGE COLLETT HAWKINS KILEY MELTON SUB-TOTAL MARCANTONIO TOTAL DIRECTORS: REGULAR MEETINGS ATTENDED 18 18 15 16 17 84 COMMITTEE MEETINGS ATTENDED 23 18 14 21 18 94 OFF SITE MEETINGS ATTENDED 12 26 11 22 25 96 SPECIAL MEETINGS ATTENDED 12 11 9 10 11 53 OTHER MEETINGS ATTENDED 6 9 2 20 6 43 TOTAL MEETINGS ATTENDED YTD 71 82 51 89 77 370 370 DIRECTOR FEES YTD $10,650 $12,300 $7,650 $13,350 $11,550 $55,500 $55,500 MEETING FEES BUDGET YTD $13,500 $13,500 $13,500 $13,500 $13,500 $67,500 $67,500 TRAVEL&CONFERENCES EXPENSES YTD $988 $272 $208 $5,838 $1,538 $8,844 $8,844 TRAVEL&CONFERENCE BUDGET YTD $1,410 $1,410 $1,410 $1,410 $1,410 $7,050 $7,050 TOTAL DIRECTORS FEES&EXPENSES YTD $11,638 $12,572 $7,858 $19,188 $13,088 $64,344 $64,344 TOTAL FEES&EXPENSES BUDGET YTD $14,910 $14,910 $14,910 $14,910 $14,910 $74,550 $74,550 ACTING GENERAL MANAGER EXPENSES YTD $3,993 $3,993 ACTING GENERAL MANAGER TRAVEL&CONFERENCE BUDGET YTD $1,500 $1,500 TOTAL FEES&EXPENSES YTD $11,638 $12,572 $7,858 $19,188 $13,088 $64,344 $3,993 $68,337 TOTAL FEES&EXPENSES BUDGET YTD $14,910 $14,910 $14,910 $14,910 $14,910 $74,550 $1,500 $76,050 ITEM NO. 9.1 AGENDA REPORT Meeting Date: May 11, 2015 Budgeted:No To:Board of Directors Funding Source:Water Operating Fund From:Marc Marcantonio, General Manager Presented By:Damon Micalizzi, Public Information Manager Dept:Administration/Public Affairs Reviewed by Legal:No Prepared By:Damon Micalizzi, Public Information Manager CEQA Compliance:N/A Subject:Proposed Institution of Stage 3 Water Conservation Measures SUMMARY: Attached for consideration by the Board of Directors is Resolution No. 15-04 Instituting Stage 3 Water Conservation Measures. This resolution supports the Governor's State of Emergency and call for all Californians to conserve water. It also supports the State Water Resources Control Board emergency regulation requirements for increased conservation practices. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 15-04 Instituting Stage 3 Watering Restrictions effective June 1, 2015. DISCUSSION: This resolution was developed in response to Governor Brown’s April 1, 2015 Executive Order issuing mandatory water conservation regulations across the state, and the subsequent Regulations approved by the State Water Resources Control Board on May 6, 2015, in which a conservation goal for Yorba Linda Water District of 36% comparative to 2013 was set. The 36% conservation target may come down slightly upon further review of the numbers submitted to the State. The following is a synopsis of the permanent restrictions and requirements related to water waste that have remained in effect since 2009 with the Board's approval of Ordinance No. 09-01. It is the intent of the Board that these restrictions continue in effect year-round, regardless of the water situation, unless overridden by stronger restrictions within the ordinance or other Board actions. Irrigation of landscaping is prohibited between the hours of 9:00 a.m. and 6:00 p.m. Irrigation of landscaping is limited to fifteen (15) minutes per station per day. Irrigation of landscaping is prohibited during rain or when rain is forecasted for that day. Runoff during irrigation of landscaping onto hard surfaces is prohibited. Washing down of hard surfaces is prohibited. All leaks and breaks are required to be fixed within three (3) days of notice. Use of recirculated water is required for all fountains and water features. Washing of vehicles is prohibited unless with a bucket or similar container and sponge, and/or with a hose with a self-closing device. Drinking water is to be served at restaurants upon request only. Hotels and motels must provide customers the option to decline daily linen changes. Installation of single pass cooling systems is prohibited in buildings requesting new water service. Installation of non-recirculating water systems is prohibited in new commercial laundry systems. Restaurants are prohibited from using non-water conserving dish wash spray valves. All new commercial conveyor car wash systems must have installed operational re-circulating water systems. In addition to the above permanent water conservation requirements, the resolution requires moving to a Stage 3 Water Supply Shortage level. This level has a water-use reduction goal of up to 35%, with the associated incorporation of the permanent conservation requirements. The District's Stage 3 Restrictions include the following: Irrigation is limited to two (2) days per week, in which odd numbered addresses could irrigate on Monday and Friday, and even numbered addresses could irrigate Tuesday and Saturday. Initial filling or re-filling of more than one foot of residential swimming pools or outdoor spas is prohibited. Should a customer need a waiver from these restrictions due to hardship, a waiver process has been established within the ordinance. In addition, an appeals process related to the fines and violations has also been established. The District is presently working with the City of Yorba Linda, Placentia Yorba Linda Unified School District and the Home Owners Associations throughout the District to achieve maximum conservation efforts and meet the additional mandates, such as removing ornamental grass on street medians, as outlined in the Governor's Executive Order, which is attached. Staff is recommending an effective date of Monday, June 1, 2015 in accordance with the State's mandate. Presently, the District is in Stage 1 Conservation Level, with outdoor irrigation limited to three days a week. PRIOR RELEVANT BOARD ACTION(S): The Board approved Resolution No. 14-11, entering Stage 1 of the District's Conservation Ordinance on August 14, 2014. ATTACHMENTS: Name:Description:Type: 4.1.15_Executive_Order.pdf Executive Order Backup Material 20090514_-_Ordinance_No._09-01.pdf Ordinance 09-01 Backup Material Resolution_No._15-04_-_Stage_3_Conservation.docx Resolution 15-04 Resolution Approved by the Board of Directors of the Yorba Linda Water District 5/11/2015 MB/GM 4-0-0-1 Roll Call PH was absent. ExeeudDe Department ,5tate of lzalifomia EXECUTIVE ORDER B-29-15 WHEREAS on January 17, 2014, 1 proclaimed a State of Emergency to exist throughout the State of California due to severe drought conditions; and WHEREAS on April 25, 2014, 1 proclaimed a Continued State of Emergency to exist throughout the State of California due to the ongoing drought; and WHEREAS California's water supplies continue to be severely depleted despite a limited amount of rain and snowfall this winter, with record low snowpack in the Sierra Nevada mountains, decreased water levels in most of California's reservoirs, reduced flows in the state's rivers and shrinking supplies in underground water basins; and WHEREAS the severe drought conditions continue to present urgent challenges including: drinking water shortages in communities across the state, diminished water for agricultural production, degraded habitat for many fish and wildlife species, increased wildfire risk, and the threat of saltwater contamination to fresh water supplies in the Sacramento-San Joaquin Bay Delta; and WHEREAS a distinct possibility exists that the current drought will stretch into a fifth straight year in 2016 and beyond; and WHEREAS new expedited actions are needed to reduce the harmful impacts from water shortages and other impacts of the drought; and WHEREAS the magnitude of the severe drought conditions continues to present threats beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to combat; and WHEREAS under the provisions of section 8558(b) of the Government Code, I find that conditions of extreme peril to the safety of persons and property continue to exist in California due to water shortage and drought conditions with which local authority is unable to cope; and WHEREAS under the provisions of section 8571 of the California Government Code, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation of the effects of the drought. NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, in particular Government Code sections 8567 and 8571 of the California Government Code, do hereby issue this Executive Order, effective immediately. IT IS HEREBY ORDERED THAT: The orders and provisions contained in my January 17, 2014 Proclamation, my April 25, 2014 Proclamation, and Executive Orders B-26-14 and B-28-14 remain in full force and effect except as modified herein. SAVE WATER 2. The State Water Resources Control Board (Water Board) shall impose restrictions to achieve a statewide 25% reduction in potable urban water usage through February 28, 2016. These restrictions will require water suppliers to California's cities and towns to reduce usage as compared to the amount used in 2013. These restrictions should consider the relative per capita water usage of each water suppliers' service area, and require that those areas with high per capita use achieve proportionally greater reductions than those with low use. The California Public Utilities Commission is requested to take similar action with respect to investor-owned utilities providing water services. 3. The Department of Water Resources (the Department) shall lead a statewide initiative, in partnership with local agencies, to collectively replace 50 million square feet of lawns and ornamental turf with drought tolerant landscapes. The Department shall provide funding to allow for lawn replacement programs in underserved communities, which will complement local programs already underway across the state. 4. The California Energy Commission, jointly with the Department and the Water Board, shall implement a time-limited statewide appliance rebate program to provide monetary incentives for the replacement of inefficient household devices. 5. The Water Board shall impose restrictions to require that commercial, industrial, and institutional properties, such as campuses, golf courses, and cemeteries, immediately implement water efficiency measures to reduce potable water usage in an amount consistent with the reduction targets mandated by Directive 2 of this Executive Order. 6. The Water Board shall prohibit irrigation with potable water of ornamental turf on public street medians. 7. The Water Board shall prohibit irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or microspray systems. 8. The Water Board shall direct urban water suppliers to develop rate structures and other pricing mechanisms, including but not limited to surcharges, fees, and penalties, to maximize water conservation consistent with statewide water restrictions. The Water Board is directed to adopt emergency regulations, as it deems necessary, pursuant to Water Code section 1058.5 to implement this directive. The Water Board is further directed to work with state agencies and water suppliers to identify mechanisms that would encourage and facilitate the adoption of rate structures and other pricing mechanisms that promote water conservation. The California Public Utilities Commission is requested to take similar action with respect to investor-owned utilities providing water services. INCREASE ENFORCEMENT AGAINST WATER WASTE 9. The Water Board shall require urban water suppliers to provide monthly information on water usage, conservation, and enforcement on a permanent basis. 10. The Water Board shall require frequent reporting of water diversion and use by water right holders, conduct inspections to determine whether illegal diversions or wasteful and unreasonable use of water are occurring, and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. Pursuant to Government Code sections 8570 and 8627, the Water Board is granted authority to inspect property or diversion facilities to ascertain compliance with water rights laws and regulations where there is cause to believe such laws and regulations have been violated. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive. 11. The Department shall update the State Model Water Efficient Landscape Ordinance through expedited regulation. This updated Ordinance shall increase water efficiency standards for new and existing landscapes through more efficient irrigation systems, greywater usage, onsite storm water capture, and by limiting the portion of landscapes that can be covered in turf. It will also require reporting on the implementation and enforcement of local ordinances, with required reports due by December 31, 2015. The Department shall provide information on local compliance to the Water Board, which shall consider adopting regulations or taking appropriate enforcement actions to promote compliance. The Department shall provide technical assistance and give priority in grant funding to public agencies for actions necessary to comply with local ordinances. 12. Agricultural water suppliers that supply water to more than 25,000 acres shall include in their required 2015 Agricultural Water Management Plans a detailed drought management plan that describes.the actions and measures the supplier will take to manage water demand during drought. The Department shall require those plans to include quantification of water supplies and demands for 2013, 2014, and 2015 to the extent data is available. The Department will provide technical assistance to water suppliers in preparing the plans. 13. Agricultural water suppliers that supply water to 10,000 to 25,000 acres of irrigated lands shall develop Agricultural Water Management Plans and submit the plans to the Department by July 1, 2016. These plans shall include a detailed drought management plan and quantification of water supplies and demands in 2013, 2014, and 2015, to the extent that data is available. The Department shall give priority in grant funding to agricultural water suppliers that supply water to 10,000 to 25,000 acres of land for development and implementation of Agricultural Water Management Plans. 14. The Department shall report to Water Board on the status of the Agricultural Water Management Plan submittals within one month of receipt of those reports. 15. Local water agencies in high and medium priority groundwater basins shall immediately implement all requirements of the California Statewide Groundwater Elevation Monitoring Program pursuant to Water Code section 10933. The Department shall refer noncompliant local water agencies within high and medium priority groundwater basins to the Water Board by December 31, 2015, which shall consider adopting regulations or taking appropriate enforcement to promote compliance. 16. The California Energy Commission shall adopt emergency regulations establishing standards that improve the efficiency of water appliances, including toilets, urinals, and faucets available for sale and installation in new and existing buildings. INVEST IN NEW TECHNOLOGIES 17. The California Energy Commission, jointly with the Department and the Water Board, shall implement a Water Energy Technology (WET) program to deploy innovative water management technologies for businesses, residents, industries, and agriculture. This program will achieve water and energy savings and greenhouse gas reductions by accelerating use of cutting-edge technologies such as renewable energy-powered desalination, integrated on- site reuse systems, water-use monitoring software, irrigation system timing and precision technology, and on-farm precision technology. STREAMLINE GOVERNMENT RESPONSE 18. The Office of Emergency Services and the Department of Housing and Community Development shall work jointly with counties to provide temporary assistance for persons moving from housing units due to a lack of potable water who are served by a private well or water utility with less than 15 connections, and where all reasonable attempts to find a potable water source have been exhausted. 19. State permitting agencies shall prioritize review and approval of water infrastructure projects and programs that increase local water supplies, including water recycling facilities, reservoir improvement projects, surface water treatment plants, desalination plants, stormwater capture, and greywater systems. Agencies shall report to the Governor's Office on applications that have been pending for longer than 90 days. S?�xaus'1F� 20. The Department shall take actions required to plan and, if necessary, implement Emergency Drought Salinity Barriers in coordination and consultation with the Water Board and the Department of Fish and Wildlife at locations within the Sacramento - San Joaquin delta estuary. These barriers will be designed to conserve water for use later in the year to meet state and federal Endangered Species Act requirements, preserve to the extent possible water quality in the Delta, and retain water supply for essential human health and safety uses in 2015 and in the future. 21. The Water Board and the Department of Fish and Wildlife shall immediately consider any necessary regulatory approvals for the purpose of installation of the Emergency Drought Salinity Barriers. 22. The Department shall immediately consider voluntary crop idling water transfer and water exchange proposals of one year or less in duration that are initiated by local public agencies and approved in 2015 by the Department subject to the criteria set forth in Water Code section 1810. 23. The Water Board will prioritize new and amended safe drinking water permits that enhance water supply and reliability for community water systems facing water shortages or that expand service connections to include existing residences facing water shortages. As the Department of Public Health's drinking water program was transferred to the Water Board, any reference to the Department of Public Health in any prior Proclamation or Executive Order listed in Paragraph 1 is deemed to refer to the Water Board. 24. The California Department of Forestry and Fire Protection shall launch a public information campaign to educate the public on actions they can take to help to prevent wildfires including the proper treatment of dead and dying trees. Pursuant to Government Code section 8645, $1.2 million from the State Responsibility Area Fire Prevention Fund (Fund 3063) shall be allocated to the California Department of Forestry and Fire Protection to carry out this directive. 25. The Energy Commission shall expedite the processing of all applications or petitions for amendments to power plant certifications issued by the Energy Commission for the purpose of securing alternate water supply necessary for continued power plant operation. Title 20, section 1769 of the California Code of Regulations is hereby waived for any such petition, and the Energy Commission is authorized to create and implement an alternative process to consider such petitions. This process may delegate amendment approval authority, as appropriate, to the Energy Commission Executive Director. The Energy Commission shall give timely notice to all relevant local, regional, and state agencies of any petition subject to this directive, and shall post on its website any such petition. - _> M 26. For purposes of carrying out directives 2-9, 11, 16-17, 20-23, and 25, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division are hereby suspended. This suspension applies to any actions taken by state agencies, and for actions taken by local agencies where the state agency with primary responsibility for implementing the directive concurs that local action is required, as well as for any necessary permits or approvals required to complete these actions. This suspension, and those specified in paragraph 9 of the January 17, 2014 Proclamation, paragraph 19 of the April 25, 2014 proclamation, and paragraph 4 of Executive Order B-26-14, shall remain in effect until May 31, 2016. Drought relief actions taken pursuant to these paragraphs that are started prior to May 31, 2016, but not completed, shall not be subject to Division 13 (commencing with section 21000) of the Public Resources Code for the time required to complete them. 27. For purposes of carrying out directives 20 and 21, section 13247 and Chapter 3 of Part 3 (commencing with section 85225) of the Water Code are suspended. 28. For actions called for in this proclamation in directive 20, the Department shall exercise any authority vested in the Central Valley Flood Protection Board, as codified in Water Code section 8521, et seq., that is necessary to enable these urgent actions to be taken more quickly than otherwise possible. The Director of the Department of Water Resources is specifically authorized, on behalf of the State of California, to request that the Secretary of the Army, on the recommendation of the Chief of Engineers of the Army Corps of Engineers, grant any permission required pursuant to section 14 of the Rivers and Harbors Act of 1899 and codified in section 48 of title 33 of the United States Code. 29. The Department is directed to enter into agreements with landowners for the purposes of planning and installation of the Emergency Drought Barriers in 2015 to the extent necessary to accommodate access to barrier locations, land-side and water-side construction, and materials staging in proximity to barrier locations. Where the Department is unable to reach an agreement with landowners, the Department may exercise the full authority of Government Code section 8572. 30. For purposes of this Executive Order, chapter 3.5 (commencing with section 11340) of part 1 of division 3 of the Government Code and chapter 5 (commencing with section 25400) of division 15 of the Public Resources Code are suspended for the development and adoption of regulations or guidelines needed to carry out the provisions in this Order. Any entity issuing regulations or guidelines pursuant to this directive shall conduct a public . meeting on the regulations and guidelines prior to adopting them. 31. In order to ensure that equipment and services necessary for drought response can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to state contracts, including, but not limited to, advertising and competitive bidding requirements, are hereby suspended for directives 17, 20, and 24. Approval by the Department of Finance is required prior to the execution of any contract entered into pursuant to these directives. This Executive Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this Order. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 1st day of April 2015. EDMUND G. BROWN JR. Governor of California ATTEST: ALEX PADILLA Secretary of State ORDINANCE NO. 09-01 I ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT INSTITUTING WATER CONSERVATION MEASURES, PROHIBITION AGAINST WATER WASTE AND WATER SHORTAGE SUPPLY CONTINGENCIES WHEREAS,California has had one of the driest years on record, with eight of the past ten years meetingdrought-level conditions; and WHEREAS,storage in the Colorado River system has dropped tofifty-five ( 55)percent of total capacity; and WHEREAS,the flow of the California Aqueduct has been restricted by up to thirty-five (35) percent, due to a federal court ruling to protect the Delta Smelt; and WHEREAS,the Governor of the State of California proclaimed a statewide drought and issued a State of Emergency to address the California water shortage, requesting that all water users reduce their water use by twenty (20) percent and asking all water agencies to assist their customers in reducing their use through a water conservation program; and WHEREAS,the Orange County Grand Jury investigated solutions into the looming water crisis in California and recommends in its report for local water agencies a goal often-percent voluntary conservation, a focus on outdoor usage, the development of monthly allocations for each customer and the implementation ofconservation-inducing pricing; and WHEREAS,the Metropolitan Water District of Southern California is currently in a Water Supply Alert" phase and urges implementation of " extraordinary conservation measures", such as conservation pricing, outdoor water restrictions, prohibition of runoff, enhanced rebates, and coordination with the Municipal Water District of Orange County to develop a unified regional message and to accelerate media and outreach campaigns; and WHEREAS,the Metropolitan Water District of Southern California is requiring ordinances from all agencies that receive rebate incentives detailing water conservation measures, prohibitions against water waste and associated penalties; and WHEREAS,the Municipal Water District of Orange County, the agency responsible for providing the Yorba Linda Water District with imported water through the Metropolitan Water District, has enacted a resolution asking every Orange County resident and business to immediately reduce their water usage by ten-percent (10); and WHEREAS,the Orange County Water District, the agency responsible for supervising the Orange County Groundwater Basin, has implemented the "OC Water Hero" public education campaign, urging customers to conserve twenty gallons of water per person, per day; and WHEREAS,the Yorba Linda Water District has broad authority to enact water conservation rules under the laws of the State of California; and WHEREAS,the adoption of water conservation measures would assist in avoiding or minimizing the effects of water supply restrictions and a water shortage in Southern California. NOW, THEREFORE, BE IT ORDAINED, under the authority of Water Code 350 and 31028, that the Board of Directors of the Yorba Linda Water District, does hereby FIND AND DETERMINE that matters set forth in the above recitals are true and correct, and that the Board of Directors of the Yorba Linda Water District therefore DECLARES the existence of an emergency caused by drought or other threatened or existing water shortage; and THEREFORE, BE IT ORDAINED, under the authority of Water Code 350 and 31028, that the Board of Directors of the Yorba Linda Water District, does hereby FIND, DETERMINE AND DECLARE that water conservation measures and restriction on the use of District water are necessary and appropriate to protect the health and safety of water users within the Yorba Linda Water District; and THEREFORE, BE IT ORDAINED, under authority of Water Code 353 and 31026, that the Board of Directors of the Yorba Linda Water District, based upon the findings set forth herein, does hereby PROHIBIT the wastage of District water and does hereby ORDER that the following water conservation measures and water use restrictions are necessary and appropriate to prevent the waste of District water and to protect the health and safety of water users with the Yorba Linda Water District. These measures will be effective as of July 1, 2009. SECTION 1:Permanent Water Conservation Measures and Prohibitions Against Water Waste. A. The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water. 1. Limits on Watering Hours Watering or irrigation of lawn, landscape or other vegetated area is prohibited between the hours of 9:00 a.m. and 6:00 p.m. on any day, or between hours later designated by the District, except for the express purpose of adjusting or repairing an irrigation system. This subsection does not apply to landscape 2 irrigation systems that exclusively use very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour. 2. Limit on Watering Duration Watering or irrigating of lawn, landscape or other vegetated area is limited to fifteen (15) minutes watering per station per day. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 3. No Waterina During Rain Watering or irrigating of lawn, landscape or other vegetated area is prohibited when it is currently raining or there is a forecasted chance of rain of fifty (50) percent or higher. 4. No Excessive Water Flow or Runoff Water or irrigation of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. 5. No Washing Down Hard or Paved Surfaces Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alley, is prohibited except when necessary to alleviate safety or sanitary hazards and then only by use of a hand-held bucket or similar container, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high-pressure water broom. 6. Obligation to Fix Leaks Breaks or Other Malfunctions Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system, including that of irrigation systems, beyond a reasonable period of time after such escape of water should have been discovered and corrected, and in no event more than three (3) calendar days of receiving notice from the District, is prohibited. 7. Re-circulating Water Required for Water Fountains and Decorative Water Features Operating a water fountain or other decorative water feature that does not use re-circulated water is prohibited. 8. Limits on Washing Vehicles Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container and/or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility. 3 9. Drinking Water Served Upon Request Only Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. 10.Commercial Lodging Establishments Must Provide Guests the Option to Decline Daily Linen Services Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language. 11. No Installation of Single Pass Cooling Systems Installation of single pass cooling systems is prohibited in buildings requesting new water service. 12.No Installation of Non-re-circulating water system in Commercial Laundry Systems Installation of non-re-circulating water systems is prohibited in new commercial laundry systems. 13. Restaurants Required to Use Water Conserving Dish Wash Spray Valves Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water conserving dish wash spray valves. 14. Commercial Car Wash Systems Effective on July 1, 2009, all new commercial conveyor car wash systems must have installed operational re-circulating water systems, or must have secured a waiver of this requirement from the District. SECTION 2:Stage 1 - Water Supply Shortage Water Use Reduction Goal - up to 10%) A. A Stage 1 Water Supply Shortage exists when the District determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to Condition 2: Water Supply Alert". B. In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 1 Water Supply Shortage. 4 1. Limits on Watering Days Watering or irrigation of lawn, landscape or other vegetated area is limited to three (3) calendar days per week, in which odd numbered addresses are permitted to irrigate on Monday, Wednesday and Friday, and even numbered addresses are permitted irrigate Tuesday, Thursday and Saturday. No irrigation is permitted on Sunday. This subsection does not apply to any landscape irrigation system that exclusively use very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. SECTION 3:Stage 2 - Water Supply Shortage Water Use Reduction Goal- up to 20%) A. A Stage 2 Water Supply Shortage exists when the District determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to Condition 3: Water Supply Allocation of 5% through 15%". B. In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 2 Water Supply Shortage: 1. Limits on Watering Days Watering or irrigation of lawn, landscape or other vegetated area in the months of April through October, is limited to three (3) calendar days per week in which odd numbered addresses are permitted to irrigate on Monday, Wednesday and Friday, and even numbered addresses are permitted to irrigate on Tuesday, Thursday and Saturday. No irrigation is permitted on Sunday. In the months of November through March, irrigation is limited to two (2) calendar days per week, in which odd numbered addresses are permitted to irrigate Monday and Friday, and even numbered addresses are permitted to irrigate Tuesday and Saturday. This subsection does not apply to any landscape irrigation system that exclusively uses very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 2. Obligation to Fix Leaks. Breaks, or Other Malfunctions Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should reasonably have been discovered and corrected and in no event more than two (2) calendar days of receiving notice from the District, is prohibited. 5 SECTION 4:Stage 3 - Water Supply Shortage Water Use Reduction Goal- up to 35%) A. A Stage 3 Water Supply Shortage exists when the District determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to Condition 3: Water Supply Allocation of 20% through 35%". In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste Section 1), the following water conservation requirements apply during a declared Stage 3 Water Supply Shortage: 1. Limits on Watering Days Watering or irrigation of lawn, landscape or other vegetated area in the months of April through October is limited to two (2) calendar days per week, in which odd numbered addresses are permitted to irrigate on Monday and Friday, and even numbered addresses are permitted to irrigate on Tuesday and Saturday. In the months of November through March, is limited to one (1) calendar day per week, in which odd numbered addresses are permitted to irrigate on Monday only and even numbered addresses are permitted to irrigate Saturday only This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 2. Limits on Filling Swimming Pools & Spas Re-filling of more than one foot and initial filling of residential swimming pools or outdoor spas is prohibited. SECTION 5:Stage 4 - Water Supply Shortage - Emergency Condition Water Use Reduction Goal- 40% or Greater) A. A Stage 4 Water Supply Shortage is also referred to as an "emergency" condition. A Stage 4 Water Supply Shortage exists when the District declares, in its sole discretion, a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to "Condition 3: Water Supply Allocation of 40% or greater'. B. In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 4 Water Supply Shortage: 6 1. No Watering or Irrigating Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use: a. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device; b. Maintenance of existing landscape necessary for fire protection; c. Maintenance of existing landscape for soil erosion control; d. Actively irrigated environmental mitigation projects. 2. Obligation to Fix Leaks. Breaks, or Other Malfunctions Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should reasonably have been discovered and corrected and in no event more than one (1) calendar day of receiving notice from the District, is prohibited. 3. No New Water Service Upon declaration of a Stage 4 Water Supply Shortage Emergency condition, no new water service will be provided and no new temporary meters or permanent meters will be provided, except as is necessary to protect the public health, safety, and welfare. SECTION 6:Hardship Variance A. If, due to unique circumstances, a specific requirement of this ordinance would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a variance to the requirements as provided in this section. 1. Written Finding The variance may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property. 2. Application Application for a variance must be on a form prescribed by the Yorba Linda Water District (Exhibit A) and accompanied by a $25 non- refundable processing fee. 7 3. Supportina Documentation The application must be accompanied by photographs, maps, drawings, and other information showing why the request should be granted, including a written statement of the applicant. 4. Required Findings for Variance An application for a variance will be denied unless the District finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the District, all of the following: a. That the variance does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; b. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; c. That the authorizing of such variance will not be of substantial detriment to adjacent properties and will not be detrimental to the public interest; and d. That the condition or situation of the subject property or the intended use of the property for which the variance is sought is not common, recurrent or general in nature. e. That conservation is already being accomplished through the previous installation of water saving features. 5. Approval Authority The General Manager's Designee shall promptly act upon any completed application no later than seven (7) calendar days after submittal and may approve, conditionally approve, or deny the variance. The applicant requesting the variance shall be promptly notified in writing of any action taken (Exhibit J). Unless specified otherwise at the time a variance is approved, the variance will apply to the subject property during the period of the mandatory water supply shortage condition and if approved or conditionally approved, will apply from the date of approval only. Any previous violations and/or subsequent penalties are final. The decision of the General Manager's Designee can be appealed to the General Manager by written notice within seven (7) calendar days of the date of the denied waiver. The General Manager shall act upon an appeal within thirty (30) calendar days of the District's receipt of the applicant's appeal. The General Manager's decision shall be final. 8 6. Previous Violations Any approved or conditionally approved waiver is valid from the date in which it was approved or conditionally approved forward. Any previous violations and subsequent fines or penalties associated with those violations are final and will not be reimbursed. SECTION 7:Penalties and Violations A. Violations of any provisions of the ordinance herein must be personally observed by members of the District staff able to personally attest to them. The fines for such violations will be collected on the water bill. Failure to pay a fine amount will be treated as nonpayment of the water bill and water service may be terminated as a result. Protests for violations are allowable per Section 8 of this ordinance. The fines for such violations are as follows: 1. First Violation The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also mail a Notice of First Violation (Exhibit C) to the current billing address. 2. Second Violation A second violation within twelve (12) calendar months of the first violation is punishable by a penalty not to exceed one hundred dollars 100). This amount will be added to the next water bill fifteen days after the date of the violation, if not protested. The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also send a Notice of Second Violation (Exhibit D) to the current billing address. 3. Third Violation A third violation within twelve (12) calendar months of the first or second violation is punishable by a penalty not to exceed two hundred and fifty dollars ($250). This amount will be added to the next water bill fifteen days after the date of the violation, if not protested. The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also send a Notice of Third Violation (Exhibit E) to the current billing address. 4. Fourth and Subsequent Violations A fourth and any subsequent violation within (12) calendar months of the first or any subsequent violation is punishable by a fine not to exceed five hundred dollars ($500). This amount will be added to the next water bill fifteen days after the date of the violation, if not protested. The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also send a Notice of Fourth and Subsequent Violations (Exhibit F to the current billing address. 5. Water Flow Restrictor Device 9 In addition to any fines, the District, at the discretion of the General Manager, may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services. The restrictor will be installed by the District forty-eight (48) hours after a Notice of Intent to Install Flow Restrictor (Exhibit G) is sent to the current billing address. The restrictor will remain installed for a minimum of forty-eight (48) hours or such time as the General Manager, in his discretion, should decide. 6. Water Service Discontinuation In addition to any fines and the installation of a water flow restrictor, the District, at the discretion of the General Manager, may disconnect a customer's water service for willful violations of mandatory restrictions listed herein. The discontinuation of service will be imposed by the District forty-eight (48) hours after a Notice of Intent to Discontinue Service (Exhibit H) is sent to the current billing address, and will be imposed in the same process as disconnection pertaining to unpaid bills. A person or entity that violates this ordinance is responsible for payment of the District's charges for installing and/or removing any flow restricting device and for disconnection and/or reconnecting service per the District's schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the District before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates. B. In the event that the individual responsible for the payment of the water bill is not the violator of the ordinance, notification of penalties will go to both the violation address and the billing address on file, with any and all fines and associated charges. Payment of the bill will be the final responsibility of the individual named on the account. SECTION 8:Relief from Enforcement A. The District will issue a Notice of Violation (Exhibits C-F) by mail or personal delivery at least fourteen (14) calendar days before taking enforcement action, with the exception of fourth and subsequent violations. Such notice will describe the violation and the date by which corrective action must be taken. A customer wishing to protest the Notice of Violation must first seek administrative review by the District by filing a written Notice of Review (Exhibit 1) with the District no later than fourteen (14) days from the date of notice. Any Notice of Violation not timely protested will be final. Upon receipt of a timely protest, the protest will be fully reviewed by the General Manager, with a Notice of Decision (Exhibit J) sent to the customer by mail within thirty (30) days of appeal. The District will only grant relief if the violation claimed is not in violation of the provisions of the Ordinance, the claim of violation is factually incorrect, or the District finds in its discretion that a violation did not occur. Should the District deny the customer relief, the customer may appeal the denial of the protest by filing a Form SC 100 with the Small Claims 10 division of the Superior Court within 25 days of the District's decision to deny the protest. (Gov. Code, § 53069.4 (b)(1); Cal. Code of Civ. Pro., § 1013 (a).) Pending receipt of a written appeal, and appeal to the Superior Court, the District may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water Stage condition. However, the District will not terminate water service while an appeal or hearing is still pending. SECTION 9:This Ordinance is Controlling To the extent that there is any inconsistency between this ordinance and the Urban Water Management Plan, any previous ordinances, resolutions, or other planning documents, or any other documents pertaining to water conservation or water use prohibitions, this ordinance shall prevail. PASSED AND ADOPTED this 14th day of May, 2009 by the following called vote: AYES:Directors Armstrong, Beverage, Mills and Summerfield NOES:None ABSENT:Director Collett ABSTAIN:None 6111ohn W. Summerfield, President t ATTEST: K nneth Vecchiarelli, Secretary Reviewed as to form by General Counsel: Ask Arthur G. Kidman, Esq. McCormick, Kidman and Behrens 11 Yorba Linda Water District Exhibit "A" Conservation Ordinance Waiver Application This Application is pursuant to Ordinance 09-01 Name Date Last)First) Address for Waiver Street)City)Zip) Restriction Waiver is Requested For Pursuant to Ordinance 09-01, Section 6, if, due to unique circumstances, a specific requirement of the Ordinance restrictions would result in undue hardship to a person using water or to property upon which water is used that is disproportionate to the impacts to water users generally or to similar property or classes of water users to the individual or property at the above address a waiver may be granted. The waiver may be granted, conditionally granted or denied based upon any included support documents and the paid non-refundable Application Processing Fee of $25. These documents can include a written statement of explanation, photographs, maps, drawings, etc. Proof of previous conservation through the installation of water saving features must also be included in the supporting documentation in order for the waiver to be granted or conditionally granted. Exclusion of this proof is grounds for denial of the waiver. Further, pursuant to Ordinance 09-01, Section 6, the General Manager's Designee will act upon any completed application no later than seven (7) days after receipt of the waiver application with a Notice of Decision (Exhibit J) sent to the address requesting the waiver. The decision of the Designee can be appealed to the General Manager, with the completion of another application within seven (7) days of the date of denied waiver. The decision of the General Manager will be final. If approved, or conditionally approved, this waiver is valid only from the date approved or conditionally approved, forward. Any previous violations and subsequent fines or penalties incurred are final and will not be reimbursed retroactively. I understand that any information provided on this form or in supporting documentation that is found to be willfully falsified shall result in an automatic denial of the application. Signature FOR OFFICE USE ONLY Application Fee Paid Approved First Application Conditionally Approved Second Application Denied 1 1 1 1 I I Exhibit "B"1 1 1 1 1 I 1 I 1 1 I 1 1 1 1 1 1 1 I Yorba Linda Water District As the water supply situation worsens, conserva- tion and water use efficiency remain key factors. Please help to`do`your part. 1 1 We were in the area and wanted to make you aware of the following restriction: Watering'between 9am and 6pm Watering more than 15 min per station per day 1 1 Excessive Water Flow/Runoff 1 Washing down of hard surfaces 1 1 1 Watering when it is raining1 1 1 Other I Need HelmA 1 II Check out the other side of this hanger for information on Rebates & Conservation Tips 1 I Issued byYLWD Employee No. I 1 Date:1 1 1 Pursuant to Ordinance XX-XX, this Doorhanger serves as a Notice of Violation 1 I I I i Yorba Linda Water District Please Do YOUR Part To Help Conserve Water! CONSERVATION TIPS 6 Limit waging to 15 min. per station per day. 6 Refrain from washing down drive-ways, sidewalks or patios. 6 Adjust sprinkers to eliminate overspray and runoff. 46 Step on your grass to check if it needs to be watered. If it pops back up, it doesn't. 6 Promptly repair all leaks, including those within your sprinkler system. REBATES Both Indoor & Outdoor Rebates are available! ; Online rebate forms can be found at: www.socalwatersmart.com www.ylwd.com More conservation tips can be found at: www.ylwd.com 714-701-3000 WaterYorba Linda District Exhibit "C" Date Re: Pursuant to Ordinance 09-01, First Violation, Case No. Dear Customer, We wanted to bring to your attention Ordinance 09-01, passed by the Yorba Linda Water District Board of Directors on May 14, 2009. A District employee was in your area and noticed an inadvertent violation on the following date,at the following address:This ordinance, like many similar throughout California, was passed in reaction to the worsening water crisis. California has had one of the driest years on record, with eight of the past ten years meeting drought-level conditions and the Governor of the State of California proclaimed a state-wide drought and issued a State of Emergency, requesting that all water users reduce their water use by twenty (20) percent. We, at the Yorba Linda Water District, are committed to assisting our customers meet this request by focusing on the reduction of water waste and the efficiency of water that is used. Rebates for both indoor and outdoor products and conservation tips are available through the District website at www.ylwd.com. Please review the included Ordinance and feel free to contact us if you have any questions about its implementation. Due to unique circumstances, should you require an exemption from these restrictions, due to unique circumstances which create a hardship, a request for a Hardship Waiver can be submitted to the District. The Conservation Ordinance Waiver Application is available at the District Administrative Offices and through the District website. Upon submittal of the request for a variance to the District, the District staff will review the request and either approve, conditionally approve, or deny the waiver. If approved, the waiver is applicable from that date forward. Any previous violations will not be reimbursed retroactively. Thank you, in advance, for your commitment to water use efficiency. Sincerely, Cindy Botts Management Analyst Yorba Linda Water District Exhibit "D" Date Notice of Second Violation This Notice is issued pursuant to Ordinance 09-01 Violation Case No.Date Issued Location of Violation I. Violations The following violations of District Ordinance 09-01 have been witnessed as occurring on said property by a District employee: II. Corrective Actions The following corrective action is required: III. Date for Compliance/ Penalties You have been assessed a penalty for the above violations in the amount of one hundred ($100) dollars. This penalty will appear on your water bill after fourteen 14) days, if not appealed. The account is subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required within fourteen (14) days to avoid future violations. Future violations will also incur penalties pursuant to Ordinance No. 09-01, Section 7a. A copy of the full Ordinance is attached. This order shall become final unless you file a protest with the District no later than the close of business fourteen (14) days after the date of this Notice of Violation. The Notice of Appeal is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: Yorba Linda Water District Exhibit "E" Date Notice of Third Violation This Notice is issued pursuant to Ordinance 09-01 Violation Case No.Date Issued Location of Violation 1. Violations The following violations of District Ordinance 09-01 have been witnessed as occurring on said property by a District employee: II. Corrective Actions The following corrective action is required: III. Date for Compliance/ Penalties You have been assessed a penalty for the above violations in the amount of two hundred and fifty ($250) dollars. This penalty will appear on your water bill after fourteen (14) days, if not appealed. The account is subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required within fourteen (14) days to avoid future violations. Future violations will also incur penalties pursuant to Ordinance No.09-01 , Section 7a. A copy of the full Ordinance is attached. This order shall become final unless you file a protest with the District no later than the close of business fourteen (14( days after the date of this Notice of Violation. The Notice of Appeal is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: w"n Yorba Linda Water District EXHIBIT "F" Date Notice of Fourth and Subsequent Violation This Notice is issued pursuant to Ordinance 09-01 Violation Case No.Date Issued Location of Violation I. Violations The following violations of District Ordinance 09-01 have been witnessed as occurring on said property by a District employee: U. Corrective Actions The following corrective action is required: III. Date for Compliance/ Penalties You have been assessed a penalty for the above violations in the amount of five hundred ($500) dollars. This penalty will appear on your water bill after fourteen 14) days, if not appealed. In addition to the penalty, the District may install a water flow restrictor device (48/48 Program) and/or may disconnect service for willful violations, pursuant to Ordinance 09-01. The installation of a restrictor and/or the disconnection of service may become effective within forty-eight (48) hours, by separate notice. The account is also subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required within fourteen (14) days to avoid future violations. Fixture violations will also incur penalties pursuant to Ordinance No. 09-01, Section 7a. A copy of the full Ordinance is attached. This order shall become final unless you file a protest with the District no later than the close of business fourteen (14) days after the date of this Notice of Violation. The Notice of Appeal is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: K"m Yorba Linda Water District Exhibit "G" Date Notice of Intent to Install Flow Restrictor This Notice is issued pursuant to Ordinance 09-01 Violation Case No.Date Issued Location of Violation This notice is in regard to the receipt of a Fourth or Subsequent Violation (Exhibit F"). Pursuant to Ordinance 09-01, Section 7a, in addition to any fees assessed, the District may install a water flow restrictor device (48/48 Program) and/or may disconnect service for willful violations. The restrictor will be installed by the District forty-eight (48) hours after a Notice of Intent to Install Flow Restrictor (Exhibit G) is sent to the current billing address. The restrictor will allow approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services, and will remain installed for a minimum of forty-eight (48) hours. Removal of the flow restrictor is at the discretion of the General Manager. Further, pursuant to Ordinance 09-01, Section 7a, payment of the District's charges for installing and/or removing any flow restricting device and for disconnection and/or reconnecting service per the District's schedule of charges then in effect will be included on the customer's water bill. The charge for installing and/or removing any flow restricting device must be paid to the District before the device is removed. The account is also subject to disconnect if any and all penalties are not paid in a timely manner. Due to unique circumstances, should you require an exemption from these restrictions, a Hardship Waiver can be submitted to the District, and is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Kenneth R. Vecchiarelli, General Manager Signature: U Yorba Linda Water District Exhibit "H" Date Notice of Intent to Disconnect Service This Notice is issued pursuant to Ordinance 09-01 Violation Case No.Date Issued Location of Violation This notice is in regard to the receipt of a Fourth or Subsequent Violation (Exhibit F"). Pursuant to Ordinance 09-01, Section 7a, in addition to any fees assessed, the District may install a water flow restrictor device (48/48 Program) and/or may disconnect service for willful violations. The discontinuation of service will be imposed by the District forty-eight (48) hours after a Notice of Intent to Discontinue Service (Exhibit H) is sent to the current billing address. Further, pursuant to Ordinance 09-01, Section 7a, payment of the District's charges for installing and/or removing any flow restricting device and for disconnection and/or reconnecting service per the District's schedule of charges then in effect will be included on the customer's water bill. The charge for disconnection and/or reconnecting services must be paid to the District before the service is restored. The account is also subject to disconnect if any and all penalties are not paid in a timely manner. Due to unique circumstances, should you require an exemption from these restrictions, a Hardship Waiver can be submitted to the District, and is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Kenneth R. Vecchiarelli, General Manager Signature: M Yorba Linda Water District Exhibit "I" Notice of Review This notice is pursuant to Ordinance 09-01 Name Date Last(First( Address for Waiver/Violation Appeal Street(City)Zip( Violation No. (it applicable) Pursuant to Ordinance 09-01, if, due to unique circumstances, a specific requirement of the Ordinance restrictions would result in undue hardship, additional supporting documents are found, or the violation was made in error, an appeal can be submitted to the District no later than the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. The waiver may be granted, conditionally granted or denied based upon any included support documents. These documents can include a written statement of explanation, photographs, maps, drawings, etc. Further, pursuant to Ordinance 09-01, Section 7, the General Manager's Designee will act upon any completed Notice of Review (Exhibit I) no later than seven (7) calendar days after receipt of the appeal with a Notice of Decision (Exhibit J) sent to the address requesting the appeal. The decision of the Designee can be appealed to the General Manager, with the completion of another application within seven (7) days of the date of denied waiver. The General Manager will act upon the appeal within thirty (30) calendar days. The decision of the General Manager is final. 1 understand that any information provided on this form or in supporting documentation that is found to be unllfully falsified shall result in an automatic denial of the appeal. Signature FOR OFFICE USE ONLY Approved Conditionally Approved Denied w"n Yorba Linda Water District Exhibit "J" Notice of Decision This notice is pursuant to Ordinance 09-01 Pursuant to Ordinance 09-01, if, due to unique circumstances, a specific requirement of the Ordinance restrictions would result in undue hardship, additional supporting documents are found, or the violation was made in error, an appeal can be submitted to the District no later than the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. The waiver may be granted, conditionally granted or denied based upon any included support documents. These documents can include a written statement of explanation, photographs, maps, drawings, etc. Pursuant to Ordinance 09-01, Section 6, the General Manager's Designee will act upon any completed Notice of Notice of Appeal no later than seven (7) calendar days after receipt of the appeal. Unless specified otherwise at the time approved, the variance will apply to the subject property during the period of the mandatory water supply shortage condition and if approved or conditionally approved, will apply from the date of approval only. Any previous violations and/or subsequent penalties are final. The decision of the General Manager's Designee can be appealed to the General Manager by written notice within seven (7) calendar days of the date of the denied waiver. The General Manager shall act upon an appeal within thirty (30) calendar days after receipt of the appeal with a Notice of Decision sent to the address requesting the appeal. The decision of the General Manager shall be final in the case of an appeal for a waiver. In the case of an appeal of a violation fine, should the District deny the customer relief, the customer may appeal the denial of the protest by filing a Form SC 100 with the Small Claims division of the Superior Court within 25 days of the District's decision to deny the protest. Gov. Code, § 53069.4 (b)(1); Cal. Code of Civ. Pro., § 1013 (a).) Request for Appeal of: Waiver Violation Request Decision: Approved-Conditionally Approved-Denied Decision Reason: Issued by: Kenneth R. Vecchiarelli, General Manager Signature: Date: Yorba Linda Water District Ordinance 09-01 Violation Log Exhibit "K" Name of Customer & Violation Observed Date & Time Door Hanger Employee Signature & Employee Number Street Address where Left at In compliance with California Code of Civil procedure § 2015.5. in Violation was observed Address of signing this declaration I do hereby declare under penalty of perjury that Violation?the foregoing is true and correct Customer Name:Watering between 9am & 6 pm Water more than 15 minutes per Date:YES Date: Customer Address:station per day Excess Water Flow / Runoff Place:California Washing down of hard surfaces Watering when it is raining Signature Other:Time:NO Employee # Customer Name:Watering between 9am & 6 pm Water more than 15 minutes per Date:YES Date: Customer Address:station per day Excess Water Flow / Runoff Place:California Washing down of hard surfaces Watering when it is raining Signature Other:Time:NO Employee # Customer Name:Watering between 9am & 6 pm Water more than 15 minutes per Date:YES Date: Customer Address:station per day Excess Water Flow / Runoff Place:California Washing down of hard surfaces Watering when it is raining Signature Other:Time:NO Employee # Customer Name:Watering between 9am & 6 pm Water more than 15 minutes per Date:YES Date: Customer Address:station per day Excess Water Flow / Runoff Place:California Washing down of hard surfaces Watering when it is raining Signature Other:Time:NO M Yorba Linda Water District Ordinance 09-01 Violation Log Exhibit "K" Employee # AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ss. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a parry to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has Proof of Publication of been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 1/18/52, Case No. A-21046, that the notice, of a alp rift 0i FWVOBUONa CO ANOiON iANV OF OROOROINANCINC - nouMSTITYTINOyyATROONfBgVAT10N which the annexed is a true printed copy, has been WATER iti MOWATERWA ii PMOW TiRall AOAIgq MORT4Oi iuPfylV CONTIN06NCSao published in each regular and entire issue of said NOTICE IS HEREBY GIVEN that an May 14 2009, Me Board of Directors, of the Yorba lrnds Water 13firr t will hold a' public learln9 &1 '0:30 p.m., or as soon thereafter ae practl.l newspaper and not in any supplement thereof on oeble,at1717East MealamaAvenue. P.In ntoCA;1part,of the RegUler Meating of the Board. The6oattl will hoi lha~ the following dates,tOWlt: publiclieannginaMa breceNaoral andwrlnentestIM9 regarding Ma prop ad adapddn of On inence No. 0941. Written eamments ma be filed at anytime prior to conclui slon of the public he8n9. Those deeming to orally comment. may do so during the hearing. Written comments should be. addressed to the attention of the Management Analyst at May 7, 2009 the abovamenlloned address. Upon, conclusion o the of proposed Otclk non hearing, 01 wNUh~wouldrInsWdiewater conservation! measures, prohibition against water waste and Water Short, egIcertify (or declare) under the penalty of perjury oslied contingencies, pond. sh llcopy of ethed in the OMlneo of the h ate pt7all under the laws of the State of California that the aa°n pnofr toocheBova d° ariofficedwhich said District nace will besonsidered and will be evadable for review. The Dla-, Ind'-offices are located at the abovevnardloned address. foregoing is true and correct":Coplssofthe Ominanca are avallable by -ailingg the Execu- tive secretary at 1714) 701-3021 or on the Dietriet'a webatte:. Executed at Santa Ana, Orange County, athttpAlwwwylw.coni California, on Surantry of OrdtOa e The OrdmenEO would set permanent water wrinnnabon measures end prchibltlbnabapel3w r waste and define lour water supply'shortage e~ape said provide fur- Date: May 7, 2009 Merresmollons an watac p¢ .ld a Julon Me Ordinance would allow for a hwdshlp.vdanciVat the Dinsrat"disc/a-. lion agamat the approved restriction and for an appppeal' process di the fines and n nalbsa esabciatetl with walaliona wllnessa byy Olds personnel. Publish: Orange County Register May 7, 2009 R-702 61SignatureTheOrangeCounty Register 625 N. Grand Ave. Santa Ana, CA 92701 714) 796-7000 eat. 2209 PROOF OF PUBLICATION AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) ss. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 1/18/52, Case No. A-21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and autnnnnrOPaoowreoonotnanceno.oa>o, At its regular meeling on May 14 2009, the Bawd of Dimes,entire issue of said newspaper and not in any tors of the vorea Lindewater Visa adcpted an OrdinanceInsOtutingwaterconservationmeasures, prohibition against supplement thereof on the followi water waste, and water shortage supply conlingencles. Thefollowingdates, to mcwdpd vote of the Board m as follows: wit:Ayes: ohectomArmstrang. Beverage, Mills and5ummer0eld Nose: None Abstain: NoneMay21, 2009 Absent: Dimctw collett A certified copy of the lull Ordinance No. 09.01 is posted intheofficeoftheDistrictalongwiththenormsdtthosedims-tam voting for and against the Ordinance: The Anthony'sIcertify (or declare) under the penalty of oROes era located at the foltowing address: 1717 EastMimlomaAvenue, Placentia CA 92870. The Ordinance canalsobeviewedorclwfoadedfromtheDistrict'swabaim at,perjury under the laws of the State of California www.ylwd.cam. that the foregoing is true and correct":eMm•rn mo.am.nea urges Ordinance rplh konsp®ggeIng War Were aannddfinesetoourExecutedatSantaAna, Orange County,water Supply shonagm aYegas that would provide further ratstrictionsanwateruse, In addition, the Ordinance allows farCalifornia, on A hardship variance at the Dietrids disere8or, agalna he 1p penalties ree0ictiane-and f}arw an Jinim„prgogosq tJ P llneaandpenaltiesaeeoClood, Mfr vlo olio"ne wifnafaed by Dhe Date: May 21, 2009 Beat pemonnet. I Puolish: Orenga County Register May 21,2009 8.910 M Stature The Orange County Register 625 N. Grand Ave. Santa Ana, CA 92701 714) 796-7000 ext. 2209 Resolution No. 15-04 Instituting Stage 3 Water Supply Shortage 1 RESOLUTION NO. 15-04 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT INSTITUTING STAGE 3 WATER SUPPLY SHORTAGE WHEREAS, on May 14, 2009, the Yorba Linda Water District adopted Ordinance No. 09-01 instituting Water Conservation Measures, Prohibition Against Water Waste and Water Shortage Suply Contingencies; WHEREAS, on January 17, 2014 the Governor of California proclaimed a State of Emergency due to severe drought conditions and directed state officials to take all necessary actions to prepare for these drought conditions; WHEREAS, on April 25, 2014 the Governor of California issued an executive order that called on all Californians to redouble their efforts to conserve water; WHEREAS, on April 1, 2015, due to persisting drought conditions, the Governor of California issued an executive order that called for a statewide reduction in potable water use of 25%; WHEREAS, on May 6, 2015 emergency drought regulations, which were adopted by the State Water Resources Control Board to promote water conservation and to impose restrictions on outdoor irrigation, went into effect setting a conservation mandate for Yorba Linda Water District of more than 30%; WHEREAS, pursuant to Sections 1 and 2 of Ordinance No. 09-01, Permanent Water Conservation Measures and Prohibitions Against Water Waste are currently in effect and outdoor irrigation is presently limited to three days a week; and WHEREAS, pursuant to Section 4 of Ordinance No. 09-01, a Stage 3 Water Supply Shortage exists when the District determines, in its sole discretion, that due to drought or other water supply conditions, a water shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions or or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to Condition 3: Water Supply Allocation of 20% through 35%". NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The Board of Directors hereby determines that due to drought or other water supply conditions, a water shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Resolution No. 15-04 Instituting Stage 3 Water Supply Shortage 2 Section 2. A Stage 3 Water Supply Shortage, as defined in Section 4 of Ordinance No. 09-01, is hereby instituted. As set forth in Section 4 of Ordinance No. 09- 01, outdoor irrigation is hereby limited to two calendar days per week (Monday, Friday or Tuesday, Saturday) based on the District’s assigned schedule. In addition, initial filling or re-filling of more than one foot of residential swimming pools or outdoor spas is prohibited. Section 3. The Permanent Water Conservation Measures and Prohibitions Against Water Waste under Section 1 of Ordinance No. 09-01 remain in effect. Section 4. The District encourages customers to implement water conservation measures above and beyond those required by Ordinance No. 09-01, such as Smart Controllers, Rotating Nozzles, High-Efficiency Nozzles, High- Efficiency Clothes Washers and Toilets, Smartimers and Synthetic Turf. Section 5. That all conflicting Resolutions and minute orders are hereby rescinded. PASSED AND ADOPTED this 11th day of May 2015, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Ric Collett, President Yorba Linda Water District ATTEST: Marc Marcantonio, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law LLP ITEM NO. 9.2 AGENDA REPORT Meeting Date: May 11, 2015 Budgeted:Yes Total Budget:$900 To:Board of Directors Cost Estimate:$860 Funding Source:All Water Funds From:Marc Marcantonio, General Manager Presented By:Steve Conklin, Engineering Manager Dept:Engineering Reviewed by Legal:N/A Prepared By:Alex Thomas, Water Quality Engineer CEQA Compliance:N/A Subject:Draft 2015 Water Quality Report SUMMARY: Since 1990, California public water utilities have been required to provide annual water quality reports to their customers. This report is also known as the Consumer Confidence Report (CCR) which covers water quality testing and analysis from January to December of the previous calendar year. State and Federal laws require that this annual water quality report be provided to every customer by July 1 to ensure that customers are informed of the quality of their drinking water. STAFF RECOMMENDATION: That the Board of Directors approve the 2015 Water Quality Report and authorize staff to make this report available on the District's website pursuant to the new State and Federal law regarding electronic delivery. DISCUSSION: State and Federal laws require that the District prepare an annual water quality report and make it available to its customers by July 1 of each year. This annual water quality report covers water quality monitoring, testing and analysis conducted from January to December of the previous calendar year. The purpose of this report is to inform customers of the quality of the water they are receiving. Since 2013, State and Federal laws allow electronic delivery of the annual water quality report. As a result, the District will save cost in printing and distribution and will make the report available via District's website. Hard copies of the report are still available upon request. The District plans to provide information to their customers regarding the availability of the report on the customer water bills for the billing cycles of June and July. In 2014, the District conducted over 23,000 analyses to ensure that its water met all State and Federal drinking water regulations. In some cases, the District goes beyond what is required by State and Federal laws, by providing additional monitoring for contaminants of concern. Staff is pleased to report that the District has never violated any drinking water regulation from both the State and Federal standards. To be provided at the meeting is a draft copy of the District's 2015 Water Quality Report for review and consideration by the Board. PRIOR RELEVANT BOARD ACTION(S): On May 22, 2014 the Board of Directors approved the 2014 Water Quality Report and its distribution. ATTACHMENTS: Name:Description:Type: Draft_2015_WaterQualityReport.pdf Draft 2015 Water Quality Report Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/11/2015 GM/RK 4-0-0-1 PH was absent. ABBREVIATIONS: ppb = parts-per-billion; ppm = parts-per-million; pCi/L = picocuries per liter; ntu = nephelometric turbidity units; ND = not detected; n/a = not applicable; n/r = not regulated; < = average less than detection limit for reporting purposes; MCL = Maximum Contaminant Level; MCLG = federal MCL Goal; PHG = California Public Health Goal; TON = Threshold Odor Number; *Contaminant is regulated by a secondary standard to maintain aesthetic qualities (taste, odor, color). 2014 YORBA LINDA WATER DISTRICT DISTRIBUTION SYSTEM WATER QUALITY Chemical Action Level (AL) Health Goal 90th Percentile Value Sites Exceeding AL Sample AL Violation?Typical Source of Contaminant Lead (ppb)15 2 ND None No Internal corrosion of plumbing system, discharge from industrial manufacturers, erosion of natural deposits. Copper (ppm)1.3 0.17 0.48 None No Internal corrosion of plumbing system, discharge from industrial manufacturers, erosion of natural deposits. 2014 METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA TREATED SURFACE WATER 2014 YORBA LINDA WATER DISTRICT GROUNDWATER QUALITY LEAD AND COPPER ACTION LEVELS AT RESIDENTIAL TAPS ABBREVIATIONS: AL = action level; MCL = maximum contaminant level; MCLG = maximum contaminant level goal; n/a = not applicable; ND = not detected; PHG = Public Health Goal; ppb = parts per billion or micrograms per liter (µg/L); ppm = parts per million or milligrams per liter (mg/L); NOTE: Every three years, at least 37 residences are tested for lead and copper at-the-tap. The most recent set of samples were collected in September 2012. The next lead and copper test will be conducted in 2015. None of the samples collected in 2012 exceeded the Action Levels for both Lead and Copper. The regulatory action level is the concentration at which, if exceeded in more than ten percent of homes tested, triggers treatment or other requirements that a water system must follow. The Yorba Linda Water District complied with the lead and copper action levels. ABBREVIATIONS AND FOOTNOTES: 8 locations in the distribution system are tested quarterly for total Trihalomethanes and Haloacetic acids; 37 locations are tested weekly for bacteriological quality and chlorine residuals; 37 locations are tested monthly for color, odor and turbidity. MRDL = Maximum Residual Disinfectant Level; ND = not detected; MRDLG = Maximum Residual Disinfectant Level Goal; ntu = nephelometric turbidity units; *Contaminant is regulated by a secondary standard to maintain aesthetic qualities (taste, odor, color). ABBREVIATIONS AND FOOTNOTES: 8 locations in the distribution system are tested quarterly for total Trihalomethanes and Haloacetic acids; 37 locations are tested monthly for color, odor and turbidity. MRDL = Maximum Residual Disinfectant Level; ND = not detected; MRDLG = Maximum Residual Disinfectant Level Goal; ntu = nephelometric turbidity units; UCMR3 = EPA’s Unregulated Contaminant Monitoring Rule 3; *Contaminant is regulated by a secondary standard to maintain aesthetic qualities (taste, odor, color). Vulnerability assessments of potential sources of contamination for Wells 11 and 15 were completed in April 2003. These groundwater sources are considered most vulnerable to the following activities not associated with detected contaminants: chemical/petroleum processing/storage; metal plating/finishing/fabricating; and plastics/synthetics production. A vulnerability assessment of potential sources of contamination for Well 19 and Well 18 were completed in May 2004 and September 2005, respectively. A vulnerability assessment study for Well 20 was completed in June 2011. The groundwater sources are considered most vulnerable to the following activities not associated with detected contaminants: gas stations; dry cleaners; metal plating/finishing/fabricating plants; plastic/synthetic producers; underground injection of commercial/industrial discharges; underground storage tanks; agricultural drainage; fertilization, pesticide and herbicide application; automobile-body and repair shops; sewer collection systems; food processing, and chemical/petroleum processing/storage. A copy of the complete assessment is available at Department Public of Health District Office at 605 West Santa Ana Blvd., Building 28, Room 325, Santa Ana, CA 92701. Measurements In order to ensure that tap water is safe to drink, EPA and SWRCB-DD prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. The tables below list all the drinking water contaminants that the District detected above the reporting limits during the 2014 calendar year. The presence of these contaminants in the water does not necessarily indicate that the water poses a health risk. Unless otherwise noted, the data presented in this table is from testing done for the period January 1 through December 31, 2014. The SWRCB-DD requires monitoring for certain contaminants less often than every year because the concentrations of these contaminants are not expected to vary significantly from year to year. Thus, some of the data, though representative of current water quality, is more than one year old. The District contracts with state certified, independent laboratories to perform most of the District’s water quality testing. Chemical MCL PHG (MCLG) YLWD Average Groundwater Range of Detections Most Recent Sampling Date MCL Violations?Typical Source of Contaminant RADIOLOGICALS Gross Alpha (pCi/L)15 0 0.47 ND – 4.22 2014 No Erosion of Natural Deposits Uranium (pCi/L)20 0.43 5.85 4.49 - 8.60 2014 No Erosion of Natural Deposits ORGANIC CHEMICALS Total Trihalomethanes (ppb)80 n/a 0.05 ND – 0.9 2014 No Chlorination of water INORGANIC CHEMICALS Arsenic (ppb)10 0.004 3.39 ND - 11.60 2014 No Erosion of Natural Deposits Barium (ppb)1000 2000 11.89 ND - 107 2014 No Erosion of Natural Deposits Fluoride (ppm)2 1 0.49 0.43 - 0.58 2014 No Erosion of Natural Deposits Nitrate as NO3 (ppm)45 45 11.35 6.60 - 14.80 2014 No Fertilizers, Septic Tanks Nitrate+Nitrite as N (ppm)10 10 2.57 1.50 - 3.36 2014 No Fertilizers, Septic Tanks SECONDARY STANDARDS Color (units)15*n/a 0.33 ND - 3 2014 No Natural Organic Materials Chloride (ppm)500*n/a 116.63 109 - 139 2014 No Erosion of Natural Deposits Manganese (ppb)50*n/a 15.24 ND - 168 2014 No Erosion of Natural Deposits Specific Conductance (µmho/cm)1600*n/a 1043.93 972 - 1,180 2014 No Erosion of Natural Deposits Sulfate (ppm)500*n/a 143.56 133 - 169 2014 No Erosion of Natural Deposits Total Dissolved Solids (ppm)1000*n/a 632.81 576 - 702 2014 No Erosion of Natural Deposits Turbidity (ntu)5*n/a 0.05 ND - 0.20 2014 No Erosion of Natural Deposits Odor (TON)3*n/a ND ND < 1 2014 No Natural Organic Materials UNREGULATED CONTAMINANTS REQUIRING MONITORING Alkalinity, total (ppm as CaCO3)n/r n/a 220.89 207 - 228 2014 No Erosion of Natural Deposits Bicarbonate (as HCO3) (ppm)n/r n/a 269.37 253 - 279 2014 No Erosion of Natural Deposits Boron (ppb)NL = 1000 n/a 0.25 0.21 - 0.28 2014 No Erosion of Natural Deposits Calcium (ppm)n/r n/a 98.23 87.40 - 122.00 2014 No Erosion of Natural Deposits Chromium VI (ppb)n/a 0.02 ND ND 2014 No Erosion of Natural Deposits Hardness, total (grains/gal)n/r n/a 19.51 18.03 - 23.39 2014 No Erosion of Natural Deposits Hardness, total (ppm as CaCO3)n/r n/a 334.37 309 - 401 2014 No Erosion of Natural Deposits Total Organic Carbon (ppm)n/r n/a 1.02 0.81 - 1.71 2014 No Natural Organic Materials Magnesium (ppm)n/r n/a 21.63 19.40 - 23.60 2014 No Erosion of Natural Deposits pH (pH units)n/r n/a 7.74 7.70 - 7.80 2014 No Erosion of Natural Deposits Bromide (ppm)n/r n/a 0.21 0.14 - 0.25 2014 No Erosion of Natural Deposits Potassium (ppm)n/r n/a 5.34 4.50 - 8.20 2014 No Erosion of Natural Deposits Sodium (ppm)n/r n/a 89.86 81.10 - 100.00 2014 No Erosion of Natural Deposits Vanadium (ppb)NL = 50 n/a 4.87 3.30 - 8.40 2014 No Erosion of Natural Deposits TYPE MCL (MRDL/MRDLG) Average Amount Range of Detections MCL Violations? Typical Source of Contaminant DISINFECTION BY-PRODUCTS Chlorine Residual (ppm)(4/4)1.31 0.18 - 2.46 No Disinfectant Added for Treatment Haloacetic Acids (ppb)60 12.5 4.8 - 19.5 No Byproducts of Chlorine Disinfection Total Trihalomethanes (ppb) 80 32.1 18.6 - 52.9 No Byproducts of Chlorine Disinfection AESTHETIC QUALITY Color (units)15*ND ND No Natural Organic Materials Turbidity (ntu)5*0.12 ND – 0.93 No Erosion of Natural Deposits Odor (TON)3*ND ND No Natural Organic Materials Microbiological MCL Highest Monthly % Positive Samples Total Number of Positive Samples in 2014 MCL Violations? Typical Source of Contaminant Total Coliform (non-fecal coliform)5%0.66%2 No Naturally Present in the Environment Chemical MCL PHG or (MCLG) Average Amount Range of Detections MCL Violation?Typical Source of Contaminant RADIOLOGICALS Alpha Radiation (pCi/L)15 (0)ND ND – 4 No Erosion of natural deposits Beta Radiation (pCi/L)50 (0)5 4 – 6 No Decay of natural and man-made deposits Uranium (pCi/L)20 0.43 3 2 – 3 No Erosion of natural deposits DISINFECTION-BY-PRODUCTS Total Trihalomethanes (ppb)80 n/a 27 25 – 30 No By-product of drinking water chlorination Haloacetic Acids (ppb)60 n/a 10 8.3 – 14 No By-product of drinking water chlorination Total Chlorine Residual (ppm)4 4 2.57 2.41 - 2.70 No Drinking water disinfectant added for treatment INORGANIC CHEMICALS Aluminum (ppb)1000 600 167 80 – 310 No Residual from water treatment process; natural deposits erosion Barium (ppb)1000 2000 112 112 No Erosion of natural deposits, oil and metal refineries discharge Fluoride (ppm)2 1 0.8 0.7 – 1.0 No Water additive for dental benefits SECONDARY STANDARDS Chloride (ppm)500*n/a 90 87 – 92 No Natural deposits, seawater influence Color (units)15*n/a 1 1 No Naturally-occurring organic materials Odor Threshold (TON)3*n/a 1 1 No Naturally-occurring organic materials Specific Conductance (µS/cm)1600*n/a 982 964 – 1,000 No Substances form ions in water, seawater influence Sulfate (ppm)500*n/a 232 223 – 241 No Natural deposits, industrial wastes Total Dissolved Solids (ppm)1000*n/a 627 603 – 651 No Natural deposits, seawater influence Turbidity (NTU)5*n/a ND ND No Soil runoff UNREGULATED CHEMICALS Alkalinity (ppm)NL = 1000 n/a 124 123 – 125 No Naturally present in water Boron (ppb)NL = 1000 n/a 100 100 No Natural deposits, industrial wastes Calcium (ppm)n/a n/a 72 70 – 74 No Natural deposits Chlorate (ppb)NL = 800 n/a 107 107 No By-product of drinking water chlorination, industrial processes Chromium VI (ppb)n/a 0.02 ND ND No Industrial waste discharge, natural deposits Corrosivity (Al)n/a n/a 12.5 12.5 No Elemental balance in water, affected by temperature, other factors Hardness (grains/gal)n/a n/a 16.75 16.5 – 17.0 No Naturally dissolved minerals Hardness (ppm)n/a n/a 287 282 – 292 No Naturally dissolved minerals Magnesium (ppm)n/a n/a 26 25 – 27 No Natural deposits pH (pH Units)n/a n/a 8.1 8.1 No Hydrogen Ion Concentration Potassium (ppm)n/a n/a 4.6 4.4 – 4.8 No Natural deposits Sodium (ppm)n/a n/a 94 89 – 99 No Natural deposits Total Organic Carbon (ppm)n/a n/a 2.6 2.4 – 2.9 No Man-made and natural deposits OTHER UNREGULATED CHEMICALS (UCMR3) Molybdenum (ppb)n/a n/a 4.7 4.5 - 5 No Erosion of natural deposits Strontium (ppb)n/a n/a 931 845 - 1070 No Erosion of natural deposits Vanadium (ppb)NL = 50 n/a 2.75 2.3 – 3 No Erosion of natural deposits 20 1 5 W A T E R Q U A L I T Y R E P O R T Printed on recycled paper Yorba Linda Water District will provide reliable, high quality water and sewer services in an environmentally responsible manner, while maintaining an economical cost and unparalleled customer service to our community. Wh a t a r e W a t e r Q u a l i t y S t a n d a r d s ? Dr i n k i n g w a t e r s t a n d a r d s e s t a b l i s h e d b y t h e U . S . E P A a n d S W R C B - D D s e t l i m i t s fo r s u b s t a n c e s t h a t m a y a f f e c t c o n s u m e r h e a l t h o r a e s t h e t i c q u a l i t i e s o f d r i n k i n g wa t e r . T h e c h a r t i n t h i s r e p o r t s h o w s t h e f o l l o w i n g t y p e s o f w a t e r q u a l i t y s t a n d a r d s . • Ma x i m u m C o n t a m i n a n t L e v e l ( M C L ) : T h e h i g h e s t l e v e l o f a c o n t a m i n a n t th a t i s a l l o w e d i n d r i n k i n g w a t e r . P r i m a r y M C L s a r e s e t a s c l o s e t o t h e P H G s (o r M C L G s ) a s i s e c o n o m i c a l l y a n d t e c h n o l o g i c a l l y f e a s i b l e . • Ma x i m u m R e s i d u a l D i s i n f e c t a n t L e v e l ( M R D L ) : T h e l e v e l o f a d i s i n f e c t a n t ad d e d f o r w a t e r t r e a t m e n t t h a t m a y n o t b e e x c e e d e d a t t h e c o n s u m e r ’ s t a p . • Se c o n d a r y M C L s a r e s e t t o p r o t e c t t h e o d o r , t a s t e , a n d a p p e a r a n c e o f dr i n k i n g w a t e r . • Pr i m a r y D r i n k i n g W a t e r S t a n d a r d : M C L s f o r c o n t a m i n a n t s t h a t a f f e c t he a l t h a l o n g w i t h t h e i r m o n i t o r i n g a n d r e p o r t i n g r e q u i r e m e n t s a n d w a t e r tr e a t m e n t r e q u i r e m e n t s . • Re g u l a t o r y A c t i o n L e v e l ( A L ) : T h e c o n c e n t r a t i o n o f a c o n t a m i n a n t , w h i c h , if e x c e e d e d , t r i g g e r s t r e a t m e n t o r o t h e r r e q u i r e m e n t s t h a t a w a t e r s y s t e m mu s t f o l l o w . Ho w a r e C o n t a m i n a n t s M e a s u r e d ? Th e D i s t r i c t s a m p l e s a n d t e s t s i t w a t e r s o u r c e s t h r o u g h o u t t h e y e a r . C o n t a m i n a n t s ar e m e a s u r e d i n : • Pa r t s p e r m i l l i o n ( p p m ) o r m i l l i g r a m s p e r l i t e r ( m g / l ) • Pa r t s p e r b i l l i o n ( p p b ) o r m i c r o g r a m s p e r l i t e r ( µ g / l ) • Pa r t s p e r t r i l l i o n ( p p t ) o r n a n o g r a m s p e r l i t e r ( n g / l ) Pa r t s p e r m i l l i o n : Pa r t s p e r b i l l i o n : Pa r t s p e r t r i l l i o n : 1 s e c o n d i n 1 2 d a y s 1 s e c o n d i n 3 2 y e a r s 1 0 d r o p s i n a R o s e B o w l - s i z e d p o o l 1 p e n n y i n $ 1 0 , 0 0 0 1 p e n n y i n $ 1 0 m i l l i o n 1 - s e c o n d i n 3 2 , 0 0 0 y e a r s 1 i n c h i n 1 6 m i l e s 1 i n c h i n 1 6 , 0 0 0 m i l e s 1 i n c h i n 1 6 m i l l i o n m i l e s Wh a t i s a W a t e r Q u a l i t y G o a l ? In a d d i t i o n t o m a n d a t o r y w a t e r q u a l i t y s t a n d a r d s , U . S . E P A a n d S W R C B - D D h a v e se t v o l u n t a r y w a t e r q u a l i t y g o a l s f o r s o m e c o n t a m i n a n t s . W a t e r q u a l i t y g o a l s ar e o f t e n s e t a t s u c h l o w l e v e l s t h a t t h e y a r e n o t a c h i e v a b l e i n p r a c t i c e a n d a r e no t d i r e c t l y m e a s u r a b l e . N e v e r t h e l e s s , t h e s e g o a l s p r o v i d e u s e f u l g u i d a n c e a n d di r e c t i o n s f o r w a t e r m a n a g e m e n t p r a c t i c e s . T h e c h a r t i n t h i s r e p o r t i n c l u d e s t h r e e ty p e s o f w a t e r q u a l i t y g o a l s : • Ma x i m u m C o n t a m i n a n t L e v e l G o a l ( M C L G ) : T h e l e v e l o f a c o n t a m i n a n t i n dr i n k i n g w a t e r b e l o w w h i c h t h e r e i s n o k n o w n o r e x p e c t e d r i s k t o h e a l t h . MC L G s a r e s e t b y U . S . E P A . • Ma x i m u m R e s i d u a l D i s i n f e c t a n t L e v e l G o a l ( M R D L G ) : T h e l e v e l o f a di s i n f e c t a n t a d d e d f o r w a t e r t r e a t m e n t b e l o w w h i c h t h e r e i s n o k n o w n o r ex p e c t e d r i s k t o h e a l t h . M R D L G s a r e s e t b y U . S . E P A . • Pu b l i c H e a l t h G o a l s ( P H G ) : T h e l e v e l o f a c o n t a m i n a n t i n d r i n k i n g w a t e r be l o w w h i c h t h e r e i s n o k n o w n o r e x p e c t e d r i s k t o h e a l t h . P H G s a r e s e t b y th e C a l i f o r n i a E n v i r o n m e n t a l P r o t e c t i o n A g e n c y – O f f i c e o f E n v i r o n m e n t a l He a l t h H a z a r d A s s e s s m e n t . Im p o r t e d W a t e r A s s e s s m e n t In D e c e m b e r 2 0 0 2 , M e t r o p o l i t a n W a t e r D i s t r i c t o f S o u t h e r n C a l i f o r n i a ( M W D ) co m p l e t e d a s o u r c e w a t e r a s s e s s m e n t o f i t s C o l o r a d o R i v e r a n d S t a t e W a t e r Pr o j e c t s u p p l i e s . C o l o r a d o R i v e r s u p p l i e s a r e c o n s i d e r e d t o b e m o s t v u l n e r a b l e t o co n t a m i n a t i o n b y r e c r e a t i o n a l u s e s , u r b a n / s t o r m w a t e r r u n o f f , i n d u s t r i a l r u n o f f , in c r e a s i n g u r b a n i z a t i o n i n t h e w a t e r s h e d a n d w a s t e w a t e r c o n t a m i n a t i o n . S t a t e Wa t e r P r o j e c t s u p p l i e s a r e c o n s i d e r e d t o b e m o s t v u l n e r a b l e t o u r b a n / s t o r m wa t e r r u n o f f , a n d w i l d l i f e , a g r i c u l t u r e , r e c r e a t i o n a n d w a s t e w a t e r c o n t a m i n a t i o n . A c o p y o f t h e a s s e s s m e n t c a n b e o b t a i n e d b y c o n t a c t i n g M W D b y p h o n e a t 21 3 . 2 1 7 . 6 8 5 0 Gr o u n d w a t e r A s s e s s m e n t Th e D i s t r i c t c o m p l e t e d a n a s s e s s m e n t o f i t s W e l l s No . 1 , 5 , 7 , 1 0 , a n d 1 2 i n J a n u a r y 1 9 9 9 . T h e w e l l s ar e c o n s i d e r e d m o s t v u l n e r a b l e t o c o n t a m i n a n t s pr o d u c e d b y t h e f o l l o w i n g a c t i v i t i e s : g a s s t a t i o n s ; d r y cl e a n e r s ; m e t a l p l a t i n g / f i n i s h i n g / f a b r i c a t i n g p l a n t s ; pl a s t i c / s y n t h e t i c p r o d u c e r s ; u n d e r g r o u n d i n j e c t i o n o f co m m e r c i a l / i n d u s t r i a l d i s c h a r g e s ; u n d e r g r o u n d s t o r a g e ta n k s ; a g r i c u l t u r a l d r a i n a g e ; f e r t i l i z a t i o n , p e s t i c i d e a n d he r b i c i d e a p p l i c a t i o n ; a u t o m o b i l e - b o d y a n d r e p a i r sh o p s ; a n d c h e m i c a l / p e t r o l e u m p r o c e s s i n g / s t o r a g e . YO U R 2 0 1 4 W A T E R Q U A L I T Y R E P O R T Si n c e 1 9 9 0 , C a l i f o r n i a p u b l i c w a t e r u t i l i t i e s h a v e b e e n p r o v i d i n g a n n u a l W a t e r Qu a l i t y R e p o r t s t o t h e i r c u s t o m e r s . T h i s y e a r ’ s r e p o r t a l s o k n o w n a s t h e “ C o n s u m e r Co n f i d e n c e R e p o r t , ” c o v e r s w a t e r q u a l i t y t e s t i n g f r o m J a n u a r y t o D e c e m b e r 2 0 1 4 . Th e Y o r b a L i n d a W a t e r D i s t r i c t ’ s a n n u a l W a t e r Qu a l i t y R e p o r t i s p r e p a r e d i n c o m p l i a n c e wi t h t h e r e g u l a t i o n s c a l l e d f o r i n t h e 1 9 9 6 re a u t h o r i z a t i o n o f t h e S a f e D r i n k i n g W a t e r Ac t ( S D W A ) . T h e r e a u t h o r i z a t i o n c h a r g e d t h e Un i t e d S t a t e s E n v i r o n m e n t a l P r o t e c t i o n A g e n c y (U S E P A ) w i t h u p d a t i n g a n d s t r e n g t h e n i n g t h e ta p w a t e r r e g u l a t o r y p r o g r a m . US E P A a n d t h e S t a t e W a t e r R e s o u r c e s C o n t r o l Bo a r d D e p a r t m e n t o f D r i n k i n g W a t e r ( S W R C B - D D ) ar e t h e a g e n c i e s r e s p o n s i b l e f o r e s t a b l i s h i n g w a t e r q u a l i t y s t a n d a r d s . T o e n s u r e t h a t yo u r t a p w a t e r i s s a f e t o d r i n k , U S E P A a n d S W R C B - D D p r e s c r i b e r e g u l a t i o n s t h a t l i m i t th e a m o u n t o f c e r t a i n c o n t a m i n a n t s i n w a t e r p r o v i d e d b y w a t e r s y s t e m s . Th e S t a t e a n d F e d e r a l g o v e r n m e n t s r e q u i r e t h a t t h i s a n n u a l w a t e r q u a l i t y r e p o r t b e pr o v i d e d t o e v e r y c u s t o m e r t o i n s u r e t h a t y o u a r e i n f o r m e d o f t h e q u a l i t y o f y o u r wa t e r . T h e D i s t r i c t i s c o m m i t t e d t o s a f e g u a r d i n g i t s w a t e r s u p p l y a n d , a s i n y e a r s pa s t , t h e w a t e r d e l i v e r e d t o y o u r h o m e m e e t s t h e s t a n d a r d s r e q u i r e d b y t h e s t a t e an d f e d e r a l r e g u l a t o r y a g e n c i e s . In 2 0 1 4 , w e c o n d u c t e d o v e r 2 3 , 0 0 0 a n a l y s e s t o en s u r e t h a t y o u r w a t e r i s c l e a n a n d s a f e t o d r i n k . We a r e p r o u d t o r e p o r t t h a t o u r w a t e r s y s t e m ha s n e v e r v i o l a t e d a n y w a t e r q u a l i t y s t a n d a r d fr o m b o t h t h e S t a t e a n d F e d e r a l d r i n k i n g w a t e r re g u l a t i o n s . I n s o m e c a s e s , t h e D i s t r i c t g o e s be y o n d w h a t i s r e q u i r e d b y p r o v i d i n g a d d i t i o n a l mo n i t o r i n g f o r c o n t a m i n a n t s t h a t m a y h a v e he a l t h r i s k s . We e n c o u r a g e y o u t o r e a d t h i s r e p o r t a n d t o co n t a c t u s w i t h a n y q u e s t i o n s y o u m a y h a v e . Co n t a m i n a n t s T h a t M a y B e P r e s e n t I n S o u r c e W a t e r : • M i c r o b i a l c o n t a m i n a n t s , s u c h a s v i r u s e s a n d b a c t e r i a , w h i c h m a y c o m e f r o m se w a g e t r e a t m e n t p l a n t s , s e p t i c s y s t e m s , a g r i c u l t u r a l l i v e s t o c k o p e r a t i o n s , a n d wi l d l i f e . C r y p t o s p o r i d i u m i s a m i c r o s c o p i c o r g a n i s m t h a t w h e n i n g e s t e d c a n ca u s e d i a r r h e a , f e v e r , a n d o t h e r g a s t r o i n t e s t i n a l m a l a d i e s . T h e o r g a n i s m c o m e s fr o m a n i m a l a n d / o r h u m a n w a s t e a n d m a y b e f o u n d i n s u r f a c e ( i m p o r t e d ) wa t e r . A s t a n d a r d t r e a t m e n t p r o c e s s t h a t i n c l u d e s s e d i m e n t a t i o n , f i l t r a t i o n , a n d di s i n f e c t i o n c a n e l i m i n a t e c r y p t o s p o r i d i u m c o n t a m i n a t i o n . • P e s t i c i d e s a n d h e r b i c i d e s t h a t m a y c o m e f r o m a v a r i e t y o f s o u r c e s s u c h a s ag r i c u l t u r e , u r b a n s t o r m w a t e r r u n o f f a n d r e s i d e n t i a l u s e s . • I n o r g a n i c c o n t a m i n a n t s , s u c h a s s a l t s a n d m e t a l s t h a t c a n b e n a t u r a l l y o c c u r r i n g or r e s u l t f r o m u r b a n s t o r m w a t e r r u n o f f , i n d u s t r i a l o r d o m e s t i c w a s t e w a t e r di s c h a r g e s , o i l a n d g a s p r o d u c t i o n , m i n i n g o r f a r m i n g . • O r g a n i c c h e m i c a l c o n t a m i n a n t s , i n c l u d i n g s y n t h e t i c a n d v o l a t i l e o r g a n i c ch e m i c a l s t h a t a r e b y - p r o d u c t s o f i n d u s t r i a l p r o c e s s e s a n d p e t r o l e u m p r o d u c t i o n , an d c a n a l s o c o m e f r o m g a s s t a t i o n s , u r b a n s t o r m w a t e r r u n o f f , a g r i c u l t u r a l ap p l i c a t i o n a n d s e p t i c s y s t e m s . • R a d i o a c t i v e c o n t a m i n a n t s t h a t c a n b e n a t u r a l l y o c c u r r i n g o r b e t h e r e s u l t o f oi l a n d g a s p r o d u c t i o n a n d m i n i n g a c t i v i t i e s . To l e a r n m o r e a b o u t t h e p o t e n t i a l h e a l t h e f f e c t s o f co n t a m i n a n t s l i s t e d i n t h i s r e p o r t , c a l l t h e E P A ’ s S a f e D r i n k i n g Wa t e r H o t l i n e a t 1 - 8 0 0 - 4 2 6 - 4 7 9 1 o r b y a c c e s s i n g t h e E P A ’ s in t e r n e t w e b s i t e a t w w w . e p a . g o v / s a f e w a t e r WH A T Y O U N E E D T O K N O W A B O U T Y O U R WA T E R , A N D H O W I T M A Y A F F E C T Y O U Wa t e r S y s t e m I n f o r m a t i o n Yo r b a L i n d a W a t e r D i s t r i c t i s a n i n d e p e n d e n t s p e c i a l di s t r i c t t h a t p r o v i d e s w a t e r a n d s e w e r s e r v i c e t o m o s t of t h e C i t y o f Y o r b a L i n d a a n d t o p o r t i o n s o f A n a h e i m , Br e a , P l a c e n t i a a n d u n i n c o r p o r a t e d O r a n g e C o u n t y . F o r mo r e i n f o r m a t i o n a b o u t t h e D i s t r i c t o r y o u r w a t e r s e r v i c e , pl e a s e c a l l 7 1 4 . 7 0 1 . 3 0 0 0 . Th e Y o r b a L i n d a W a t e r D i s t r i c t B o a r d o f D i r e c t o r s ’ re g u l a r l y s c h e d u l e d m e e t i n g s a r e h e l d o n t h e s e c o n d an d f o u r t h T h u r s d a y o f e a c h m o n t h a t 8 : 3 0 a . m . i n t h e Di s t r i c t b o a r d r o o m l o c a t e d a t 1 7 1 7 E . M i r a l o m a A v e n u e , Pl a c e n t i a , C a l i f o r n i a 9 2 8 7 0 So u r c e s o f S u p p l y Th e D i s t r i c t ’ s w a t e r s u p p l y i s a b l e n d o f g r o u n d w a t e r f r o m o u r o w n w e l l s a n d w a t e r im p o r t e d f r o m N o r t h e r n C a l i f o r n i a a n d t h e C o l o r a d o R i v e r b y t h e M e t r o p o l i t a n Wa t e r D i s t r i c t o f S o u t h e r n C a l i f o r n i a ( M W D ) . T h e s o u r c e w a t e r f o r o u r w e l l s i s a na t u r a l a q u i f e r t h a t i s r e p l e n i s h e d w i t h w a t e r f r o m t h e S a n t a A n a R i v e r , l o c a l ra i n f a l l a n d i m p o r t e d w a t e r . M a n a g e d b y t h e O r a n g e C o u n t y W a t e r D i s t r i c t , t h e gr o u n d w a t e r b a s i n i s a p p r o x i m a t e l y 3 5 0 s q u a r e m i l e s i n a r e a a n d l i e s b e n e a t h m o s t of n o r t h e r n a n d c e n t r a l O r a n g e C o u n t y . T h e Y o r b a L i n d a W a t e r D i s t r i c t a n d m o r e t h a n R a d o n A d v i s o r y Ra d o n i s a r a d i o a c t i v e g a s t h a t y o u c a n n o t s e e , t a s t e , o r s m e l l . I t i s f o u n d t h r o u g h o u t th e w o r l d . R a d o n c a n m o v e t h r o u g h t h e g r o u n d a n d i n t o h o m e s t h r o u g h c r a c k s a n d ho l e s i n t h e f o u n d a t i o n . R a d o n c a n b u i l d u p t o h i g h l e v e l s i n a l l t y p e s o f h o m e s . Ra d o n c a n a l s o g e t i n t o i n d o o r a i r w h e n r e l e a s e d f r o m t a p w a t e r f r o m s h o w e r i n g , wa s h i n g d i s h e s , a n d o t h e r h o u s e h o l d a c t i v i t i e s . C o m p a r e d t o r a d o n e n t e r i n g t h e ho m e s t h r o u g h s o i l , r a d o n e n t e r i n g t h e h o m e t h r o u g h t a p w a t e r w i l l , i n m o s t c a s e s , be a m i n o r s o u r c e o f r a d o n i n i n d o o r a i r . R a d o n i s a k n o w n h u m a n c a r c i n o g e n . Br e a t h i n g a i r c o n t a i n i n g r a d o n c a n l e a d t o l u n g c a n c e r . D r i n k i n g w a t e r c o n t a i n i n g ra d o n m a y a l s o c a u s e i n c r e a s e d r i s k o f s t o m a c h c a n c e r . If y o u a r e c o n c e r n e d a b o u t r a d o n , t e s t t h e a i r i n y o u r h o m e . T e s t i n g i s i n e x p e n s i v e an d e a s y . Y o u m a y w a n t t o c o n s i d e r m o d i f i c a t i o n t o y o u r h o m e i f t h e l e v e l o f r a d o n in y o u r a i r i s 4 p i c o C u r i e s p e r l i t e r o f a i r ( p C i / L ) o r h i g h e r . T h e r e a r e s i m p l e w a y s t o fi x a r a d o n p r o b l e m t h a t a r e n o t t o o c o s t l y . F o r a d d i t i o n a l i n f o r m a t i o n , y o u c a n c a l l th e E P A ’ s R a d o n H o t l i n e ( 8 0 0 - S O S - R a d o n ) . Th e E P A p r o p o s e d M C L f o r r a d o n i s 3 0 0 p C i / L . T h e p r o p o s a l w i l l p r o v i d e f l e x i b i l i t y to t h e s t a t e s o n h o w t o l i m i t e x p o s u r e t o r a d o n b y a l l o w i n g s t a t e s t o f o c u s e f f o r t s on t h e g r e a t e s t r a d o n r i s k s - t h o s e i n i n d o o r a i r - w h i l e a l s o r e d u c i n g t h e r i s k s f r o m ra d o n i n d r i n k i n g w a t e r . T h e s t a t e s ’ o p t i o n f o r r a d o n c o m p l i a n c e i s a s f o l l o w s : Fi r s t O p t i o n : S t a t e s c a n c h o o s e t o d e v e l o p e n h a n c e d s t a t e p r o g r a m s t o a d d r e s s th e h e a l t h r i s k s f r o m r a d o n i n i n d o o r a i r . T h e s e p r o g r a m s a r e k n o w n a s M u l t i m e d i a Mi t i g a t i o n ( M M M ) P r o g r a m s . I n d i v i d u a l w a t e r s y s t e m s r e d u c e r a d o n l e v e l s i n dr i n k i n g w a t e r t o 4 , 0 0 0 p C i / L o r l o w e r . E P A i s e n c o u r a g i n g s t a t e s t o a d o p t t h i s op t i o n b e c a u s e i t i s t h e m o s t c o s t e f f e c t i v e w a y t o a c h i e v e t h e g r e a t e s t r a d o n r i s k re d u c t i o n . Se c o n d O p t i o n : I f a s t a t e c h o o s e s n o t t o d e v e l o p a n M M M p r o g r a m , i n d i v i d u a l wa t e r s y s t e m s i n t h a t s t a t e w o u l d b e r e q u i r e d t o e i t h e r r e d u c e r a d o n i n t h e i r sy s t e m ’ s d r i n k i n g w a t e r t o 3 0 0 p C i / L o r d e v e l o p i n d i v i d u a l l o c a l M M M p r o g r a m s an d r e d u c e l e v e l s i n d r i n k i n g w a t e r t o 4 , 0 0 0 p C i / L . Fl u o r i d e Th e D i s t r i c t d o e s n o t a d d f l u o r i d e t o i t s g r o u n d w a t e r s u p p l i e s . N a t u r a l l y o c c u r r i n g fl u o r i d e i s p r e s e n t i n t h e a q u i f e r , b u t n o t a t a l e v e l t h a t p r o v i d e s d e n t a l h e a l t h be n e f i t s . In 1 9 9 5 , t h e C a l i f o r n i a L e g i s l a t u r e p a s s e d a b i l l m a n d a t i n g t h a t a l l l a r g e w a t e r ag e n c i e s f l u o r i d a t e t h e i r s u p p l i e s , b u t o n l y i f t h e s t a t e o r “ s o m e b o d y ” p r o v i d e d t h e ag e n c i e s w i t h t h e f u n d s t o d o s o . T o d a t e , t h e s t a t e h a s n o t c o m e u p w i t h t h e f u n d s to i m p l e m e n t f l u o r i d a t i o n . MW D c o m m e n c e d f l u o r i d a t i o n o f t h e d r i n k i n g w a t e r i t s u p p l i e s t o S o u t h e r n Ca l i f o r n i a i n N o v e m b e r o f 2 0 0 7 . T h e D i s t r i c t p u r c h a s e s a p p r o x i m a t e l y a t h i r d o f it s w a t e r f r o m M W D . B e c a u s e o f M W D ’ s d e c i s i o n a n d t h e D i s t r i c t ’ s d u a l s o u r c e s o f wa t e r ( g r o u n d w a t e r a n d i m p o r t ) , Y L W D i s f a c e d w i t h a s i t u a t i o n w h e r e s o m e o f i t s cu s t o m e r s w i l l r e c e i v e w a t e r f l u o r i d a t e d b y M W D , s o m e w i l l r e c e i v e n o n - f l u o r i d a t e d wa t e r , a n d s o m e w i l l r e c e i v e a b l e n d o f f l u o r i d a t e d a n d n o n - f l u o r i d a t e d w a t e r . If y o u w i s h t o k n o w t h e a p p r o x i m a t e l e v e l o f f l u o r i d e i n y o u r t a p w a t e r , o r s p e c i f i c wa t e r s e r v i c e a r e a , p l e a s e c a l l W a t e r Q u a l i t y E n g i n e e r , a t 7 1 4 . 7 0 1 . 3 0 0 0 . A d d i t i o n a l in f o r m a t i o n a b o u t t h e f l u o r i d a t i o n o f d r i n k i n g w a t e r c a n b e f o u n d t h r o u g h t h e fo l l o w i n g s o u r c e s :  • U . S , C e n t e r s f o r D i s e a s e C o n t r o l a n d P r e v e n t i o n , 1 - 8 8 8 - C D C - 2 3 0 6   w w w . c d c . g o v / O r a l h e a l t h / f a c t s h e e t / f l - b a c k g r o u n d . h t m l  • A m e r i c a n D e n t a l A s s o c i a t i o n w w w . a d a . o r g / p u b l i c / t o p i c s / f l u o r i d e / f l u o r - l i n k s . h t m l  • A m e r i c a n W a t e r W o r k s A s s o c i a t i o n   w w w . a w w a . o r g Sp e c i a l R i s k P o p u l a t i o n s So m e i n d i v i d u a l s m a y b e m o r e v u l n e r a b l e t o t h e e f f e c t s o f p o s s i b l e c o n t a m i n a n t s in d r i n k i n g w a t e r t h a n t h e g e n e r a l p o p u l a t i o n . P e r s o n s w h o a r e u n d e r g o i n g ch e m o t h e r a p y , p e r s o n s w h o h a v e u n d e r g o n e o r g a n t r a n s p l a n t s , s o m e e l d e r l y pe r s o n s , i n f a n t s , p e r s o n s i n f e c t e d w i t h H I V / A I D S , o r p e r s o n s w i t h o t h e r i m m u n e sy s t e m d i s o r d e r s c a n b e p a r t i c u l a r l y a t r i s k . T h e s e p e r s o n s s h o u l d s e e k a d v i c e fr o m t h e i r h e a l t h c a r e p r o v i d e r s a b o u t d r i n k i n g w a t e r . T h e U S E P A / C e n t e r f o r Di s e a s e C o n t r o l g u i d e l i n e s o n a p p r o p r i a t e m e a n s t o l e s s e n t h e r i s k s o f i n f e c t i o n by c r y p t o s p o r i d i u m o r o t h e r m i c r o b i a l c o n t a m i n a n t s a r e a v a i l a b l e f r o m t h e S a f e Dr i n k i n g W a t e r H o t l i n e ( 1 - 8 0 0 - 4 2 6 - 4 7 9 1 ) . 20 c i t i e s a n d r e t a i l w a t e r d i s t r i c t s p u m p f r o m t h e g r o u n d w a t e r b a s i n t o p r o v i d e w a t e r to h o m e s a n d b u s i n e s s e s . Y o u r w a t e r s o u r c e d e p e n d s o n w h e r e y o u l i v e o r w o r k wi t h i n t h e b o u n d a r i e s o f o u r c o m m u n i t y . T o f i n d o u t w h i c h w a t e r s o u r c e i s p r o v i d e d to y o u r h o m e o r b u s i n e s s , p l e a s e c a l l t h e D i s t r i c t ’ s m a i n l i n e . Lo c a l G r o u n d w a t e r ( c h l o r i n e d i s i n f e c t i o n ) Th e D i s t r i c t o b t a i n s a p p r o x i m a t e l y h a l f o f i t s w a t e r s u p p l i e s f r o m w e l l s l o c a t e d w i t h - in t h e D i s t r i c t . T h e D i s t r i c t ’ s g r o u n d w a t e r s o u r c e s i n c l u d e : W e l l N o . 1 , W e l l N o . 5 , We l l N o . 7 , W e l l N o . 1 0 , W e l l N o . 1 2 , W e l l N o . 1 8 a n d W e l l N o . 1 9 , w h i c h a r e l o c a t e d wi t h i n P l a c e n t i a c i t y l i m i t s ; a n d W e l l N o . 1 1 , W e l l N o . 1 5 a n d W e l l N o . 2 0 w h i c h a r e lo c a t e d w i t h i n A n a h e i m c i t y l i m i t s Im p o r t e d W a t e r (c h l o r a m i n e d i s i n f e c t i o n ) Th e D i s t r i c t o b t a i n s t h e r e m a i n d e r o f t h e w a t e r f r o m l o c a l wh o l e s a l e r M u n i c i p a l W a t e r D i s t r i c t o f O r a n g e C o u n t y (M W D O C ) . M W D O C o b t a i n s w a t e r f r o m r e g i o n a l s u p p l i e r Me t r o p o l i t a n W a t e r D i s t r i c t o f S o u t h e r n C a l i f o r n i a ( M W D ) . MW D o b t a i n s w a t e r f r o m N o r t h e r n C a l i f o r n i a v i a t h e Ca l i f o r n i a A q u e d u c t , a n d f r o m t h e C o l o r a d o R i v e r v i a t h e Co l o r a d o R i v e r A q u e d u c t . M W D o w n s a n d o p e r a t e s t h e Ro b e r t B . D i e m e r w a t e r t r e a t m e n t p l a n t l o c a t e d j u s t n o r t h of w e s t e r n Y o r b a L i n d a w h e r e t h e w a t e r i s t r e a t e d t o m e e t dr i n k i n g w a t e r s t a n d a r d s . Ba s i c I n f o r m a t i o n a b o u t D r i n k i n g W a t e r C o n t a m i n a n t s Th e s o u r c e s o f d r i n k i n g w a t e r ( b o t h p u b l i c t a p w a t e r a n d b o t t l e d w a t e r ) i n c l u d e ri v e r s , l a k e s , s t r e a m s , p o n d s , r e s e r v o i r s , s p r i n g s , a n d g r o u n d w a t e r . A s w a t e r t r a v e l s ov e r t h e s u r f a c e o f t h e l a n d o r t h r o u g h t h e g r o u n d , i t d i s s o l v e s n a t u r a l l y o c c u r r i n g mi n e r a l s a n d , i n s o m e c a s e s , r a d i o a c t i v e m a t e r i a l . W a t e r a l s o p i c k s u p s u b s t a n c e s re s u l t i n g f r o m t h e p r e s e n c e o f a n i m a l s o r f r o m h u m a n a c t i v i t y . Dr i n k i n g w a t e r , i n c l u d i n g b o t t l e d w a t e r , m a y r e a s o n a b l y b e e x p e c t e d t o c o n t a i n a t le a s t s m a l l a m o u n t s o f s o m e c o n t a m i n a n t s . T h e p r e s e n c e o f c o n t a m i n a n t s d o e s n o t ne c e s s a r i l y i n d i c a t e t h a t w a t e r p o s e s a h e a l t h r i s k . ITEM NO. 9.3 AGENDA REPORT Meeting Date: May 11, 2015 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Marc Marcantonio, General Manager Reviewed by Legal:Pending Prepared By:Annie Alexander, Executive Secretary Subject:Board of Directors Policies and Procedures Manual STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 15-05 Adopting a Board of Directors Policies and Procedures Manual and Rescinding Resolution Nos. 01-05, 08-13, 10-05, 11-05, 11-15, 12-10, and 12-21. DISCUSSION: Based on feedback provided by the Board at the workshop meeting held April 14, 2015, staff has prepared the final draft of the Board of Directors Policies and Procedures Manual for review. This version incorporates a number of amendments as requested by the Board and additional suggested revisions by staff and legal counsel. This document also represents a compilation of the following ordinances and resolutions and includes supplemental language taken from the California Government and Water Codes, CSDA's sample policies, and the policies of several other water districts: Ord. 03-01 - Setting Compensation for Members of the Board Res. 01-05 - Timely Filing of Director Activity and Expense Reports Res. 08-13 - Setting Time and Place for All Regular Meetings Res. 10-05 - Rules and Procedures Relative to the Conduct of Board Members Res. 11-05 - Expense Reimbursement and Director Ethics Training Res. 11-15 - Rules for Organization and Procedure Res. 12-10 - Distribution of District Information and Communications Expense Reimbursement Res. 12-21 - Affirming Compliance with the Ralph M. Brown Act Board adoption of this manual will effectively nullify the above listed documents with the exception of Ordinance No. 03-01. Due to time constraints and other pressing priorities, staff was unable to develop a policy related to the Board's proposed public relations budget. Staff plans to bring it separately to a future meeting for consideration and potential incorporation into the approved manual. ATTACHMENTS: Name:Description:Type: Resolution_No._15-05_- _BOD_Policies_and_Procedures_Manual.doc Resolution Resolution BOD_Policies_and_Procedures_Manual.docx Manual Backup Material Exhibit_A.docx Exhibit Exhibit Exhibit_B.pdf Exhibit Exhibit Exhibit_C.pdf Exhibit Exhibit Exhibit_D.docx Exhibit Exhibit Exhibit_E.docx Exhibit Exhibit Exhibit_F.docx Exhibit Exhibit Exhibit_G.docx Exhibit Exhibit Appendix_1.pdf Appendix Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/11/2015 RK/MB 4-0-0-1 Roll Call PH was absent. Resolution No. 15-05 Adopting a Board of Directors Policies and Procedures Manual 1 RESOLUTION NO. 15-05 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A BOARD OF DIRECTORS POLICIES AND PROCEDURES MANUAL AND RESCINDING RESOLUTION NOS. 01-05, 08-13, 10-05, 11-05, 11-15, 12-10, and 12-21 WHEREAS, the Yorba Linda Water District was formed pursuant to Division 12 of the California Water Code; and WHEREAS, Section 30530 of the Water Code provides that the Board shall establish rules for its proceedings; and WHEREAS, such rules for proceedings were formerly established and adopted by Resolution No. 11-15; and WHEREAS, it is the desire of the Board of Directors to amend these rules and combine them with other related policies previously adopted by the Board in order to create a comprehensive policies and procedures manual. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The Board of Directors does hereby adopt a “Policies and Procedures Manual” as attached hereto and by this reference incorporated herein. Section 3. The policies and procedures contained in this manual shall take effect immediately and that Resolution Nos. 01-05, 08-13, 10-05, 11-05, 11-15, 12-10 and 12-21 are hereby rescinded. PASSED AND ADOPTED this 11th day of May, 2015 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Ric Collett, President Yorba Linda Water District Resolution No. 15-05 Adopting a Board of Directors Policies and Procedures Manual 2 ATTEST: Marc Marcantonio, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law LLP YORBA LINDA WATER DISTRICT Board of Directors Policies and Procedures Manual Adopted May 11, 2015 2 TABLE OF CONTENTS 1.0 Purpose and Scope ...................................................................................................................... 3 2.0 Mission, Vision and Core Values ................................................................................................. 3 3.0 Basis of Authority ......................................................................................................................... 3 4.0 Duties, Responsibilities and Conduct ......................................................................................... 4 5.0 Composition, Terms and Vacancy ............................................................................................ 11 6.0 Officers ........................................................................................................................................ 13 7.0 Appointed Staff and Others ....................................................................................................... 14 8.0 Committees ................................................................................................................................. 16 9.0 Directors’ Compensation, Insurance and Expense Reimbursement...................................... 16 10.0 Board Meetings, General .......................................................................................................... 21 11.0 Board Meetings, Agendas ........................................................................................................ 22 12.0 Board Meetings, Minutes .......................................................................................................... 26 13.0 Board Meetings, Conduct ......................................................................................................... 27 14.0 Board Actions and Decisions .................................................................................................. 28 15.0 Exhibits and Appendixes ......................................................................................................... 29 Red colored text indicates additional revisions suggested by the Board, staff and/or legal counsel. 3 1.0 PURPOSE AND SCOPE 1.1 The purpose of this manual is to provide a compilation of policies and procedures approved by the Board to facilitate the proper conduct of District business. Each Director shall be provided with a copy of this manual, acknowledge receipt in writing, and affirm their intent to comply with the policies and procedures contained herein. If any portion of this manual is in conflict with federal or state law or regulations that apply to the District, said legislation or regulations shall prevail. 2.0 MISSION, VISION AND CORE VALUES 2.1 Mission Statement Yorba Linda Water District will provide reliable, high quality water and sewer services in an environmentally responsible manner, while maintaining an economical cost and unparalleled customer service to our community. 2.2 Vision Yorba Linda Water District will become the leading, innovative and efficient source for high quality reliable services. 2.3 Core Values The Yorba Linda Water District Board of Directors and staff are guided in everything we do by the following core values: Integrity – We demonstrate integrity every day by practicing the highest ethical standards and by ensuring that our actions follow our words. Accountability – We acknowledge that both the Board and staff of the District are accountable to the public that we serve, as well as to each other. Responsibility - We take full responsibility for our actions – both our successes and our opportunities for growth. We maintain a commitment of courtesy, assessment and resolution with all customer concerns. Transparency – We promote a culture where we actively listen to our customers and communicate openly about our policies, processes and plans for the future. Teamwork – Success centers on all departments working together and sharing information and resources to achieve common goals. We are dedicated to ensuring that every voice of the District, from the Board to each individual employee is treated with dignity and respect, and that differences are valued and individual abilities and contributions are recognized. 3.0 BASIS OF AUTHORITY 3.1 The District is a County Water District, organized and existing under the County Water District Law. The Board is the legislative body, and functions as the District’s policymaking body. It can only function as a unit. Apart from their role as a part of this unit, individual Directors have no authority with regard to any aspect of District business. 4 3.2 As individuals, Directors may not commit the District to any policy, act, or expenditure without prior Board approval nor give direction to the General Manager, staff, contract personnel or consultants without prior Board approval. Directors do not represent any fractional segment or region of the community, but are part of a legislative body that represents and acts for the District as a whole. Since Directors are elected officials, no Director may delegate his/her authority to act as a Director. 4.0 DUTIES, RESPONSIBILITIES AND CONDUCT Duties and Responsibilities 4.1 The Board’s primary responsibility is the formulation and evaluation of District policy. The General Manager is responsible for running the District’s business. Routine matters concerning operational aspects of the District are delegated to professional staff members by the General Manager. Directors are responsible for monitoring District progress in attaining its goals and objectives, while pursuing its mission. The Board establishes goals, objectives, expectations, and measurement criteria for the General Manager’s performance. Board members shall provide policy direction and instructions to the General Manager on matters within the authority of the Board by a majority vote during a duly convened meeting of the Board. 4.2 In order to assist in the governance of the behavior between and among members of the Board, the following practices shall be observed: A. The dignity, style, values and opinions of each Director shall be respected. B. Responsiveness and attentive listening in communication is encouraged. C. The needs of the District’s constituents shall be the priority of the Board of Directors. D. Directors shall commit themselves to emphasizing the positive, avoiding double talk, hidden agendas, gossip, backbiting, and other negative forms of interaction. E. Directors shall commit themselves to focusing on issues and not personalities. The presentation of the opinions of others shall be encouraged. Cliques and voting blocks based on personalities rather than issues shall be avoided. F. Differing viewpoints are healthy in the decision-making process. Individuals have the right to disagree with ideas and opinions, but without being disagreeable. Once the Board takes action, Directors shall commit to supporting said action and not create barriers to the implementation of said action. 4.3 In order to maintain effective working relationships and support the chain of command, the following procedures shall be followed: A. Board members shall address matters within the authority of the General Manager through the General Manager, not directly through District employees. 5 B. Accordingly, individual Directors’ requests for information from staff or contract personnel/consultants shall always be made to the General Manager. C. Responsive materials to Directors’ requests for information shall be distributed by the General Manager or his/her designee, to all Board members at the same time. D. If the General Manger’s response is deemed inadequate, a Director may contact the Board President or raise the issue directly at a Board meeting, where the Board shall determine whether or not the issue warrants attention and if so, schedule it for a future meeting. E. If the General Manager anticipates being unavailable, he/she shall notify the Board in advance and provide a designee contact. F. When the General Manager is unavailable in person or by technological means, Board members, at their discretion, may contact the General Manager’s designee. G. Board members shall refrain from making requests directly to District employees to undertake analysis, perform work assignments or change the priority of work assignments. District employees have been instructed to notify the General Manager of all requests received from a Board member within 48 hours. H. If approached by an employee concerning District policy, Board members shall direct inquiries to the appropriate staff supervisor or General Manager. I. In handling complaints from residents and property owners of the District, said complaints shall be referred directly to the General Manager. J. In handling matters related to public safety, concerns shall be reported to the General Manager or the District office. Emergency situations shall be dealt with immediately by seeking appropriate assistance. K. In seeking clarification for policy-related concerns, especially those involving personnel, legal action, land acquisition and development, finances and programming, said concerns shall be referred directly to the General Manager or legal counsel. 4.4 The work of the District is a team effort. All individuals shall work together in the collaborative process, assisting each other in conducting the affairs of the District. A. When responding to constituent requests and concerns, Directors shall be courteous, responding to individuals in a positive manner and routing their questions through appropriate channels. B. Directors shall develop a working relationship with the General Manager wherein current issues, concerns and District projects can be discussed comfortably and openly. 6 C. Directors shall function as a part of the whole. Issues shall be brought to the attention of the Board as a whole, rather than to individual members selectively. 4.5 Directors shall attend all meetings of the Board, including committee, agency, and intergovernmental meetings to which they may be assigned, unless there is good cause for absence, and be properly prepared for participation and deliberation. 4.6 Newly elected or appointed Directors shall participate in a minimum of two hours of harassment prevention training and a minimum of six hours of basic governance training within one year from the first day of service with the District. Thereafter, all Directors shall participate in a minimum of two hours of harassment prevention training every two years and a minimum of six hours of basic governance training every five years. Participation in the Governance Foundation course, offered by the California Special District Association’s Special District Leadership Academy, shall satisfy the basic governance training requirement. 4.7 The Board shall review the policies and procedures contained in this manual on an annual basis or more often as required. Code of Conduct (Ethics Policy) 4.8 It is the policy of the District to require the highest standards of ethics from its Board members. The operation of the District requires that decisions and policy be made within the proper channels of governmental structure, that the public office not be used for personal gain, and that all individuals associated with the District remain impartial and responsible towards the public. Accordingly, it is the policy of the District that Board members shall maintain the highest standard of personal honesty and fairness in carrying out their duties. The following are guidelines for ethical conduct to be followed by the Board: A. Board members are obligated to uphold the Constitution of the United States and the Constitution of the State of California, and to uphold the laws of national, state and local governmental agencies. Board members shall comply with all applicable laws regulating their conduct, including conflicts of interest, financial disclosure and open government laws. It is the responsibility of Board members to conduct themselves both professionally and personally in a manner above reproach and to avoid the appearance of impropriety. B. Board members in the performance of their official duties and responsibilities shall neither harass nor discriminate against any individual on the basis of their protected classification(s), the perception of any individuals protected classification(s), or because the individual associates with a person who has or is perceived to have a protected classification(s). The term “Protected Classification” includes race, religion, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), sexual orientation (including heterosexuality, homosexuality and bisexuality), national origin, ancestry, citizenship status, marital status, age, medical condition, genetic characteristics or information, military or veteran status, and physical or mental disability (whether perceived or actual). No Board member shall grant any unfair 7 or inappropriate consideration, treatment, or advantage to any individual or group beyond that which is available to others or groups with the same circumstances. C. Except where specifically authorized by the General Manager in the public interest, no Board member shall knowingly use or permit the use of District-owned vehicles, equipment, telephones, materials or property, nor require a District employee to perform services for personal convenience or profit. Board members shall safeguard the District’s property, equipment, moneys, and assets against unauthorized use or removal, as well as from loss due to criminal act or breach of trust. D. Board members shall not disclose information that legally qualifies as confidential to unauthorized individuals without approval from a majority vote of the Board and consultation with legal counsel. This includes information that (1) has been received during a Closed Session; (2) is protected from disclosure under the attorney/client or other evidentiary privilege; or (3) is not required to be disclosed under the California Public Records Act. A Board member may make a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury necessary to establish the alleged illegality of a District action. Prior to disclosing confidential information, however, a Board member shall first bring the matter to the attention of either the President or the full Board. E. Board members shall avoid conflicts, or perceived conflicts of interest in connection with District decisions and activities. 1. A Board member shall not have a financial interest in a contract with the District, which includes the purchase or sale of goods and services. The Board shall not authorize any District contract if a Board member is financially interested in the contract. 2. A Board member shall not participate in the discussion, deliberation or vote on a matter before the Board, or attempt to influence a decision of the Board, if the Board member has a financial interest, which is prohibited under California law. If a Board member believes that he/she may be disqualified from participation in the discussion, deliberations or vote on a particular matter due to a financial interest, the following procedures shall be followed: a. If a Board member becomes aware of the potential conflict of interest before a Board meeting at which the matter will be discussed or acted on, the Board member shall notify the General Manager and legal counsel of the potential conflict of interest, so that a determination can be made whether it is a disqualifying conflict of interest. b. If it’s not possible for a Board member to discuss the potential conflict with the General Manager and legal counsel before the meeting, or if the Board member does not become aware of the potential conflict 8 until during the meeting, the Board member shall immediately disclose the potential conflict during the Board meeting, so that there can be a determination as to whether it is a disqualifying conflict of interest. c. Upon a determination that there is a disqualifying conflict of interest, the Board member (1) shall not participate in the discussion, deliberation or vote on the matter for which a conflict of interest exists, which shall be so noted in the Board minutes; and (2) leave the room until after the discussion, vote and any other disposition of the matter is concluded (see also Section 13.1 C). 3. A Board member shall not recommend the employment of a relative to the District or to a vendor, contractor or consultant known by the Board member to be bidding or negotiating a contract with the District. F. To avoid non-compliance with the Ralph M. Brown Act, Directors are prohibited from sending and receiving electronically produced messages during meetings. G. For a period of one year after leaving office, former Board members shall not represent any non-governmental entities before the District for compensation. This restriction shall not apply to governmental entities. 4.9 Board members are prohibited from soliciting political funds or contributions at District facilities and prohibited from using the District’s seal, trademark, logo, branding, stationary or other indicia of the District’s identity, in any solicitation for political contributions contrary to State law. A Board member shall not accept, solicit or direct a political contribution from: A. District employees. B. Consultants or contractors used by the District in the past 12 months. C. Individuals, entities, vendors, consultants, sub-consultants, contractors, or sub- contractors which have a personal or financial interest in a contract or other matter while it is pending before the District and for 6 months after the District renders a final decision on that contract or other matter. 4.10 The appointment or election of a Board member to a public entity, other than the District, may result in action that is contrary or inconsistent with the interests of the District and could result in loss of the member’s position of the Board. Board members may, with consent of the Board, consult with legal counsel and the Board may authorize a request for an opinion from the Attorney General of the State of California as to the incompatibility of offices. 4.11 No Board member shall receive or agree to receive, directly or indirectly, any compensation, reward, honoraria or gift from any source except for recognition from the District for any action related to the conduct of the District’s business. A Board member shall not accept gifts that exceed the limitations specified in California law. Any and all gifts, campaign contributions, income and financial information shall be disclosed as 9 required under the provisions of the Political Reform Act of 1974 and applicable regulations adopted by the Fair Political Practices Commission. 4.12 Board members and persons elected or appointed, who have not yet assumed office as members of the Board, shall fully comply with the provisions of the Ralph M. Brown Act. 4.13 The General Manager has primary responsibility for (1) ensuring compliance with the District’s personnel policies and procedures; (2) ensuring that District employees do not engage in improper activities; (3) investigating allegations of improper activities; and (4) taking appropriate corrective and disciplinary actions. The Board ensures that the General Manager is operating the District according to the law and the policies approved by the Board. A. Board members shall disclose to the General Manager, to the extent not expressly prohibited by law, improper activities within their knowledge. Board members shall not interfere with the General Manager’s responsibilities in identifying, investigating and correcting improper activities, unless the Board determines the General Manager is not properly carrying out these responsibilities. B. A Board member shall not directly or indirectly use or attempt to use the authority or influence of the position to intimidate, threaten, coerce, command or influence any person for the purpose of preventing such person from acting in good faith to bring to the attention of the General Manager or the Board any information that, if true, will constitute a work-related violation by a Board member or District employee of any law or regulation. This includes, but is not limited to (1) misappropriation or waste of District funds; (2) abuse of authority; (3) creating substantial danger to public health or safety by an act or omission of a District official or employee; (4) use of a District office or position or of District resources for personal gain; or (5) a conflict of interest of a Board member or employee. 4.14 Any new Director must receive ethics training as soon as practical, but not more than one year, from the first day of service with the District. Thereafter, all Directors shall be required to receive ethics training at least once every two years. A Director who serves on more than one local agency board may satisfy this requirement by obtaining ethics training once every two years without regard to the number of local agencies with which he/she serves. The District shall provide information annually on where training is available. All Directors shall provide a copy of proof of participation in the required ethics training to the District. Copies of proofs of participation shall be considered public documents and shall be retained for a minimum of five years. 4.15 Directors are not subject to the District’s Conflict of Interest Codes, but are subject to the disclosure requirements of the Political Reform Act. Directors are required to file a Statement of Economic Interests (Form 700) with the County when assuming office, on an annual basis thereafter, and when leaving office. Filing of these forms shall be performed using the County’s e-file system. 4.16 Directors appointed to other agency’s boards (e.g. OCSD or JPIA) shall be required to file Form 700’s in accordance with that respective agency’s Conflict of Interest Codes. 10 4.17 The following procedures shall be followed when any member of the Board reasonably believes that another member of the Board has engaged in alleged misconduct or has failed to act in the best interests of the District. These procedures shall not be effective in any case in which a non-board member seeks redress for alleged misconduct by a Board member. While the Board has discretion in deciding the actions it may choose to take in response to a complaint, this section provides definitions and procedures related to three types of actions: admonition, sanction and censure. A. Admonition is the least severe form of action. An admonition may typically be directed to all members of the Board, reminding them that a particular type of behavior is not in the best interests of the District, and that, if it occurs or is found to have occurred, could cause a member to be subject to sanction or censure. An admonition may be issued in response to a particular alleged action or actions, although it will not necessarily have to be triggered by a complaint of misconduct. An admonition may be issued by the Board prior to any findings of fact regarding any complaint, and because it is a warning or reminder, will not necessarily require an investigation. B. Sanction is the next most severe form of action. Sanction shall be directed to an individual member of the Board based on a particular action (or set of actions) that is determined to be misconduct but is considered by the Board not to be sufficiently serious to require censure. A sanction may be based upon the Board’s review and consideration of a complaint. A sanction may be issued by the Board, and because it is not punishment or discipline, will not necessarily require an investigation. C. Censure is the most severe form of action. Censure is a formal statement of the Board officially reprimanding one of its members. It is a punitive action, which serves as a penalty imposed for misconduct, but it carries no fine or suspension of the rights of the member as an elected official. It can however, include such actions as the disapproval of expense reimbursement requests, de-authorization of attendance at conferences, seminars and other activities at District expense, removal of the member from Board committee, agency and intergovernmental meeting assignments, and other such remedies as may be deemed appropriate by the Board. Censure shall only be used for cases in which the Board determines that the misconduct is a serious offense. In order to protect the overriding principle of freedom of speech, the Board shall not impose censure on any of its members for the exercise of his/her First Amendment rights, no matter how distasteful the expression was to the Board or the District. However, nothing herein shall be construed to prohibit the Board from collectively condemning and expressing their strong disapprobation of such remarks. Before the imposition of a censure, the Director accused of a violation shall be entitled to written notice of the allegation, the right to provide a written response to the allegation, and an opportunity to respond in writing as to the results of an investigation. 4.18 All complaints shall be submitted in writing to the General Manager and/or the District’s legal counsel for review and determination as to whether there is sufficient basis for further action. Complaints that specifically seek admonition, sanction or censure as a specific remedy shall be treated as a request for that remedy. Once a complaint has been filed, the General Manager, in conjunction with legal counsel, shall bring the matter before the Board. The Director named in a complaint shall be given an opportunity to respond 11 to the complaint in writing. If the Board determines, in consultation with legal counsel, that an investigation is warranted, the Board shall initiate an investigation by the appropriate investigator, entity or authority, as determined in the reasonable discretion of the Board. In the event of such an investigation, a report of the findings of said investigation, along with the accused Director’s written response to the report, shall be presented to the board for majority action. If there is no merit, the matter shall be disposed of with no further action. When the Board decides, based upon findings and the accused Director’s defense, that a violation has occurred, it may choose to impose one of the above listed internal remedies. Any action taken by the Board to impose a sanction or censure, shall be taken by way of written resolution. 4.19 At any point during any of these processes, the Board may refer the matter, as appropriate, to the Orange County District Attorney or other proper authorities for possible investigation, enforcement or prosecution. Prior to or following such referral, the Board may also proceed with any of the actions described in this section. 5.0 COMPOSITION, TERMS AND VACANCY 5.1 The District shall have a Board of five Directors each of whom, whether elected or appointed, shall be a voter of the District. 5.2 The term of office of each Director, other than Directors appointed to fill an unexpired term, shall be four years. Terms of office are staggered, with elections held in November of every even numbered year. 5.3 Elections are held at large, which means that all voters throughout the District have the opportunity to vote for any person seeking election. 5.4 Before entering upon the duties of his/her office, each Director shall take and subscribe the official oath and file it with the Secretary. The oath of office may be taken before the Secretary, any member of the Board, or any officer authorized by law to administer oaths. 5.5 Each Director elected or appointed shall hold office until his/her successor qualifies. 5.6 If a person elected fails to qualify, the office shall be filled as if there were a vacancy in the office. 5.7 From time to time a vacancy may occur on the Board for a variety of reasons. An office becomes vacant on any of the following events before the expiration of a Director’s term: A. Death of an incumbent; B. A court’s declaration that the incumbent is physically or mentally incapacitated; C. Resignation; D. Removal from office; E. Ceasing to be an inhabitant of the District; 12 F. Absence from the state beyond periods allowed by law; G. Ceasing to discharge the duties of the office for three consecutive months; H. Conviction of a felony; I. Refusal or neglect to file required oath of office; J. Declaration by a competent tribunal that election or appointment is void; or K. Commitment to a hospital or sanitarium by a court of competent jurisdiction. 5.8 All vacancies occurring in the office of Director shall be filled pursuant to Section 1780 of the Government Code. The District shall notify the county elections official of the vacancy no later than 15 days after the Board is notified of the vacancy or the effective date of the vacancy, whichever is later. A. The remaining members of a five person board may fill a vacancy by appointment. The appointee shall hold office until the District general election 130 days or more after the effective date of the vacancy. Appointments shall be made within 60 days after the effective date of the vacancy. Notice of the vacancy shall be posted in three or more conspicuous places within the District and published in a newspaper of general circulation at least 15 days prior to an appointment. The remaining members may call an election to fill the vacancy within 60 days of the vacancy, in lieu of an appointment, on the next available election date provided by Chapter 1 of Division 1 of the Election Code that is 130 days or more after the vacancy. B. If the vacancy is not filled or an election called within 60 days of the vacancy, the County Board of Supervisors may fill the vacancy within 90 days of the vacancy or order the District to call an election to fill the vacancy. C. If neither (A) or (B) has occurred within 90 days, the District shall call an election to be held on the next available election date provided by Chapter 1 of Division 1 of the Election Code that is 130 days or more after the vacancy occurs. D. If the remaining Board falls below a quorum, the Board of Supervisors may waive the 60 day period provided in (A) and appoint immediately, or may call an election to fill the vacancy under Chapter 1 of the Election Code. The Board of Supervisors shall only fill enough vacancies to provide a quorum. E. Appointees shall hold office until the next District general election. Electees shall hold office for the unexpired balance of the term of office. 5.9 If a Director’s place of residence is moved outside District boundaries, and if within 180 days of the move the Director fails to reestablish a place of residence within the District, it shall be presumed that a permanent change of residence has occurred and that a vacancy exists on the Board. 13 6.0 OFFICERS 6.1 President and Vice President A. A President and Vice President of the Board shall be elected annually at the District’s reorganization meeting held at the first regular meeting of the Board in December of each year. The President shall assume the chair of the Presiding Officer immediately after election. B. The President shall make committee, agency, and intergovernmental meeting assignments, subject to consent of the Board, annually by the first meeting of the Board of Directors to be held in January of the subsequent year. C. If the President is absent from a meeting of the Board, the Vice President shall serve as the Presiding Officer. If both the President and Vice President are absent, the Secretary shall take the chair so that the Directors present may elect a Presiding Officer. Upon late arrival of the President or Vice President at the meeting, the chair shall be relinquished at the first opportunity not disruptive to the conduct of business. D. In the event the President becomes incapacitated or is otherwise unable to act in his/her official capacity, as determined by a majority vote of the Board, the Vice President shall serve until the incapacity is cured or relieved. In the event the Vice President becomes incapacitated or is otherwise unable to act in his/her official capacity, as determined by a majority vote of the Board, an interim Vice President shall be elected at the District’s next regular meeting of the Board to serve until the incapacity is cured or relieved. E. The Presiding Officer, established pursuant to these policies, shall conduct the proceedings of the Board. F. The Presiding Officer shall sign all ordinances, resolutions and contract documents approved and adopted by the Board. G. The President and Vice President of the Board shall serve as the President and Vice President of the Public Financing Corporation. The Officers of the Corporation shall be updated annually at the District’s reorganization meeting held at the first regular meeting of the Board in December of each year. H. Individuals serving as President or Vice President of the Board and the Corporation may be removed from office by a majority vote of the Board. 14 7.0 APPOINTED STAFF AND OTHERS Appointed Staff, as defined in this section, shall mean the General Manager, Board Secretary, Assistant Board Secretary and Treasurer, who are appointed by the Board. 7.1 General Manager, Secretary, Assistant Secretary and Treasurer A. A General Manager shall be appointed by a majority vote of the Board and serve at the pleasure of the Board. The General Manager shall perform all duties set forth in County Water District Law, set forth in these policies, set forth in the General Manager’s contract with the District, imposed by the Board, and in accordance with governing laws and regulations. In summary, the General Manager shall: (1) have full charge and control of the maintenance, operation, and construction of the water works or water works system of the District; (2) have full power and authority to employ and discharge all employees and assistants at pleasure; (3) prescribe the duties of employees and assistants; (4) fix and alter the compensation of employees and assistants subject to budget limitations as approved by the Board; (5) perform other duties imposed by the Board; and (6) report to the Board in accordance with the rules and regulations as adopted by the Board. B. A Secretary and Assistant Secretary shall be appointed by a majority vote of the Board and serve at the pleasure of the Board. The Secretary, or the Assistant Secretary in the absence of the Secretary, shall attest all ordinances and resolutions approved and adopted by the Board, countersign all contract documents approved and adopted by the Board, prepare the minutes of each meeting held by the Board, and perform all duties set forth in the County Water District Law, set forth in these policies, imposed by the Board, and in accordance with governing laws and regulations. C. A Treasurer shall be appointed by a majority vote of the Board and serve at the pleasure of the Board. The Treasurer shall perform all duties set forth in the County Water District Law, set forth in these policies, imposed by the Board, and in accordance with governing laws and regulations. The Treasurer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the District. D. A member of the Board shall not serve as the General Manager, Secretary, Assistant Secretary or Treasurer. The same person may be appointed as General Manager and Secretary or Secretary and Treasurer. There shall be no additional compensation for also serving as Secretary, Assistant Secretary or Treasurer if the individual so serving is an employee of the District. E. The Secretary, Assistant Secretary, and Treasurer of the District shall serve as the Secretary, Assistant Secretary, and Treasurer of the Public Financing Corporation. Appointed staff of the Corporation shall be updated annually at the District’s reorganization meeting held at the first regular meeting of the Board in December of each year. F. The General Manager, Secretary, Assistant Secretary, Treasurer, and other employees or assistants of the District, as required by the Board, shall each give 15 a bond to the District conditioned for the faithful performance of his/her duties as the Board may provide. Payment for the provision of these bonds shall be provided by the District. G. Individuals serving as General Manager, Secretary, Assistant Secretary, or Treasurer of the Board and the Corporation may be removed from their appointments by a majority vote of the Board. 7.2 District Legal and Labor Counsel A. The District’s Legal and Labor Counsel are law firms that are appointed by and report to the Board of Directors. 1. Legal Counsel shall serve as the attorney for the District and its Board in all legal matters pertaining to the operation, maintenance, and other related business of the District. Legal Counsel shall perform such duties as the Board or General Manager may request, and shall (1) review all Board actions to insure legality and acceptability under law; (2) prepare or review legal documents and provide legal counsel, as required by the Board or General Manager; and (3) attend and/or participate in Board meetings and other meetings as directed by the Board or the General Manager. 2. Labor Counsel shall serve as the attorney for the District and its Board in all legal matters pertaining to public sector law, employment law, and other related business of the District. Labor Counsel shall perform such duties as the Board or General Manager may request, and shall (1) review all employment related matters to insure legality and acceptability under law; (2) prepare or review employment and labor related documents and provide legal counsel, as required by the Board or General Manager and (3) attend and/or participate in Board meetings and other meetings as directed by the Board or the General Manager. 7.3 District Auditor A. The District’s Auditor is a certified audit firm that is appointed by and reports to the Board, and that conducts the District’s annual audit and prepares the District’s annual audit report. The District’s auditor shall be rotated on a periodic basis. Contracts for independent auditing services shall be awarded for an initial period of three years, with the option of extending up to two subsequent years (for a maximum total of five), unless otherwise determined by the Board. 7.4 Consultants A. The Board may from time-to-time select, retain, compensate, define the scope and efforts of, and dismiss consultants to support or provide information to the Board in developing policy level decisions or in implementing Board actions. In doing so, the Board shall delegate to the General Manager the responsibility for day-to-day direction of the work of the consultant. 16 8.0 COMMITTEES 8.1 From time to time, the Board may establish committees, whether standing or ad hoc, to assist with the performance of its duties and policy advice. In keeping with the Board’s broader focus, committees shall not direct the implementation of District programs and projects. Committees shall assist the Board by preparing policy alternatives and implications for Board consideration. Committees shall not act on the Board’s behalf unless authorized by a majority vote of the Board. Said authorization shall not conflict with the duties assigned to the General Manager. In order to preserve the organizational structure and support the chain of command, committees shall not exercise authority over staff or staff operations. 8.2 The purpose of each established committee shall be reviewed by the Board on an annual basis, prior to making Director assignments, in order to determine their continuing relevance. 8.3 The Board previously adopted the Fair Political Practices Commission’s (FPPC) Form 806 as the District’s official form for reporting public official appointments and has directed staff to post a completed form on the District’s website in accordance with the requirements set forth in FPPC Regulation 18705.5. 9.0 DIRECTORS’ COMPENSATION, INSURANCE AND EXPENSE REIMBURSEMENT Directors’ Compensation 9.1 As of January 23, 2003, compensation for members of the Board shall be $150 per day for each day’s attendance at meetings of the Board and other meetings attended at the request of the Board, including reasonable and necessary travel time (see Appendix 1). Compensation for any type of service shall not exceed ten days in any calendar month. 9.2 Directors shall complete an Activity Report and Compensation Form (see Exhibit A) on on a monthly basis. Directors have until the 15th day of the following month to file said reports with the General Manager or his/her designee. If an activity report is not returned by this deadline, no compensation shall be paid to the Director for that reporting period. 9.3 All activity reports shall be reviewed and approved by the President or the Vice President. 9.4 Increases in compensation are limited to five percent for each calendar year following the operative date of the last adjustment. The Board shall consider its compensation rate following the reorganization meeting held at the first regular meeting of the Board in December of each year. If the Board recommends an increase in the amount of compensation, an Ordinance shall be considered and adopted by the Board according to the following procedures: A. A public hearing shall be held prior to adoption of the Ordinance. B. Notice of the hearing shall be published in a newspaper of general circulation once a week for two successive weeks prior to the public hearing. 17 C. The Ordinance shall become effective 60 days from the date of its final passage. 9.5 The District does not provide any of its Directors with loans. Health Insurance 9.6 Directors may choose to participate in the health benefits plan provided by the District. The District pays the current premium amount for Directors and 2/3 of the premium amount for eligible dependents for health, dental and vision coverage. The District also provides Group Life and AD&D insurance in the amounts of $10,000. Health benefits provided to Directors shall not be greater than the most generous schedule being offered to any group of District employees and shall not be available after a Director is no longer an elected or appointed official of the District. Travel Expense Reimbursement 9.7 Directors are encouraged to attend conferences, conventions, meetings, symposiums, intergovernmental meetings and legislative sessions relating to the mission of the District. Directors shall receive reimbursement or payment of expenses, according to District rules, incurred in the performance of their duties as required or authorized by the Board. Attendance at an event must be pre-approved or ratified by the Board in order to be considered as an activity for the purposes of compensation and reimbursement of expenses. 9.8 Directors shall be reimbursed for actual costs to attend activities, not to exceed: Flight: $350 Per Round Trip (Most Economical Class) Car Rental: $50 Per Day (Economy to Standard Size Vehicle) Lodging: $275 Per Night Meals: $75 Per Day Actual and Necessary Expenses: $30 Per Day 9.9 Expenditures for lodging, meals, and transportation shall provide for reasonable and necessary comfort and convenience. Directors shall be mindful that public funds are being spent and that only a reasonable and necessary level of expense is warranted. 9.10 When available, Directors must use coach class for commercial travel and group/government rates for lodging. If the group/government rate is not available, the reimbursement cannot be more than the amount set forth above. In the event a more expensive class of transportation is used, the reimbursable amount shall be limited to the cost of the most economical class of transportation available as identified above. 9.11 If an expense does not fall within the reimbursement rates identified above, it must be approved by a majority vote of the Board, in a public meeting, before it is incurred. 9.12 Meal expenses include the reasonable and necessary costs of meals and beverages, not including alcoholic beverages. Meal expenses shall be reimbursed on a meal by meal basis, not a daily basis. Individual meal expense amounts are identified as follows: $15 for breakfast, $25 for lunch, and $35 for dinner. Any amount spent over the daily reimbursable amounts set forth for individual meals in this policy may be “deducted” from 18 another day’s reimbursable amount during that same activity, provided the cumulative daily expenses over the duration of the activity are not exceeded. When an activity incorporates meals as part of the activity, and the District has paid the cost for the activity, including any incorporated meals, the per meal allowance as listed above shall not apply. Instead, meals that are not incorporated into the activity cost shall be reimbursed up to the rates in this policy. Alternative meals to those provided through the activity shall not be reimbursed. 9.13 Eligible reimbursable amounts as identified above, do not include the cost of taxes or gratuities. 9.14 Actual and necessary expenses include tips for porters, baggage carriers, bell hops, and housekeepers. This does not include the cost of laundry, cleaning or pressing of clothes, or telephone calls. 9.15 For travel by personal vehicle, mileage shall be reimbursed at the IRS rate in effect at the time of travel. Personally owned vehicles used in the conduct of District business must be insured for property and liability damage in an amount not less than the minimum limits required by the California Financial Responsibility Act. 9.16 The District shall not incur any costs for a spouse, or other accompanying person. 9.17 In order to obtain reimbursement tor qualified expenses, the following procedures must be followed: A. Directors shall submit a completed Travel Expense Reimbursement Form (see Exhibit B) for conference, convention or symposium attendance, together with all original itemized receipts and corresponding route maps, within 30 calendar days of when the expense was incurred. B. Directors shall also submit a completed Meeting and Mileage Expense Reimbursement Form (see Exhibit C) for local meeting attendance, together with all original itemized receipts and corresponding route maps, within 30 calendar days following the end of each month. C. All expense reimbursement requests shall be reviewed and approved by the Finance Manager or the General Manager. Any requests for reimbursement that fall outside the limitations contained in this policy shall be reviewed and approved by the President or Vice President. D. If the Director does not file an expense report within 30 days of the activity, the District will not reimburse mileage or out-of-pocket expenses. For any activity that the District prepays expenses, the Director is still required to file an expense report to ensure that any expenses prepaid by the District are properly accounted for. Staff shall assist Directors with these reports as needed. To enforce the timely filing of expense reports the District may, by majority vote of the Board, stop prepaying conference and travel expenses. 19 E. With the exception of mileage reimbursement, any expense shown on the form must have a corresponding, attached original itemized receipt or other verification document. F. If a receipt is lost or not provided, the Director must complete a Missing Receipt Affidavit Form (see Exhibit D) as substantiation of the expense. G. All forms, receipts and verification documents shall be public documents subject to redaction of any confidential information, such as credit card numbers. 9.18 A Director shall not attend a conference or training event for which there is an expense to the District if it occurs after the Director has announced his/her pending resignation, or if it occurs after an election in which it has been determined that the Director will not retain his/her seat on the Board. A Director shall not attend a conference or training event when it is apparent that there is no significant benefit to the District. 9.19 Directors shall provide a brief report about the activity at the next regular Board meeting following attendance. Said report shall detail what was learned at the session(s) that will be of benefit to the District. Materials from session(s) may be delivered to the General Manager for inclusion in the District’s library for future use. Communications Expense Reimbursement 9.20 In order to facilitate operational efficiency and reduce expenses, the Board has determined that it is in the best interests of the District to have all agendas and other District information distributed to the Board via electronic means instead of providing paper copies whenever possible. While Director participation in and support of this initiative is encouraged, it is not required. Participating Directors are eligible for the reimbursement of expenses associated with the purchase of necessary electronic equipment and related items provided: A. The Director is an elected official of the District with more than two months remaining in his/her current term of office. B. The Director has submitted a completed Communications Expense Reimbursement Form (see Exhibit E) in accordance with established procedures. C. The District shall provide reimbursement, up to $1,000 every four years (or sooner in the event of loss or theft), for the cost of electronic equipment and related items of the Director’s choosing plus a monthly allowance of $25 for a data plan relating to e-mail/internet access, etc., as applicable. Qualifying electronic equipment and related items shall include tablet PCs, laptop computers, tablet PC/laptop covers or cases, protective screen wraps, extended warranties, and downloadable applications specific to the conduct of District business, such as word processing, spreadsheet or PDF annotation applications. D. Expenses that are not reimbursable include, but are not limited to, gift wrapping, engraving, downloadable applications (other than those used specifically for conducting District business) and additional adaptors. 20 E. One hundred percent of the electronic equipment and approved itemized expenses reimbursed shall be reported on the Director’s Form W-2 as taxable income. In providing this information, the District is not offering tax advice. Directors having questions concerning the tax implications of electronic communications reimbursement benefits are urged to contact the Internal Revenue Service or other experts in tax law. 9.21 Reimbursements shall be processed when proof of purchase and original itemized receipts are submitted by the Director along with a completed form within 30 days of purchase. 9.22 Failure to submit a completed form within this time frame shall result in a denial of the Director’s request for reimbursement of the expense. A. The electronic equipment and related items for which reimbursement is provided shall become the property of the Director and all maintenance is the sole responsibility of the Director. B. Notwithstanding the foregoing, staff may, from time to time as deemed necessary, provide paper copies of District information to Directors and such provision of paper copies shall not affect the reimbursement of expenses as provided in this section. 9.23 Should a Director experience a loss or theft of electronic equipment for which the full or partial expense was reimbursed by the District, said Director shall submit a written statement and/or police report to the Finance Manager or the General Manager for auditing purposes prior to requesting reimbursement of expenses for the purchase of replacement equipment. Requests for reimbursement of expenses for replacement equipment shall be subject to the limitations and requirements as set forth above. 9.24 All communications expense reimbursement requests shall be reviewed and approved by the Finance Manager or the General Manager. Any requests for reimbursement that fall outside the limitations contained in this policy shall be reviewed and approved by the President or Vice President. Disclosure of Expenditures/Reimbursements 9.25 A full accounting of expenditures of public funds under this policy shall be made and become part of the records of the District. 9.26 All reimbursements paid by the District of at least $100 for each individual charge for services or product received, shall be disclosed in an annual report following the end of each fiscal year. Reimbursement of an individual charge includes, but is not limited to, one meal, lodging for one day, transportation, or a registration fee paid to any Director. This report shall be made available for public inspection upon request. 9.27 All travel expenses and reimbursements paid by the District on behalf of a Director, the General Manager, or other executive staff as determined by the Board, shall be disclosed in a quarterly report and provided to the Board for review at a regular meeting. 21 10.0 BOARD MEETINGS, GENERAL All meetings of the Board shall be held at the District’s Administration Building located at 1717 East Miraloma Avenue, Placentia, California. All meetings of the Board shall be open and public and all persons are invited to attend. The District shall continue to implement all applicable requirements of the Ralph M. Brown Act to ensure transparent, open and responsive government. 10.1 Regular Meetings A. All regular meetings of the Board shall be held on the second and fourth Thursday of each month at 8:30 a.m. If these days happen to coincide with a holiday designated by law or otherwise recognized by the District, the meeting shall be rescheduled to a date and time as determined by a majority vote of the Board. 10.2 Special Meetings A. Special meetings of the Board may be called by the President or a majority of the Board. Whenever a special meeting of the Board is called, notice in writing shall be delivered by the Secretary to each Director, and if notice is requested in writing, to each local newspaper of general circulation and radio or television station. The notice shall be delivered personally or by any other means and shall be received at least 24 hours in advance of the meeting. The notice shall specify the time and place of such meeting and the purpose of the meeting. The written notice may be dispensed with as to any Director who, at or prior to the time the meeting convenes, files with the Secretary a written waiver of notice. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. 10.3 Emergency Meetings A. In the event of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the Board may hold an emergency special meeting without complying with the 24 hour notice required in Section 10.2 herein. An emergency situation means a crippling disaster which severely impairs public health, safety, or both. The President, or the Vice President in the absence of the President, or the General Manager, may determine if an emergency situation exists. B. Whenever an emergency meeting of the Board is called, notice in writing shall be delivered by the Secretary to each Director, and if notice is requested in writing, to each local newspaper of general circulation and radio or television station. The notice shall be delivered personally or by any other means and shall be received at least one hour in advance of the meeting. In the event that telephonic services are not functioning, the notice requirement of one hour is waived. The Secretary shall then notify such newspapers, radio stations, or television states of the fact of the holding of the emergency meeting, and of any action taken by the Board, as soon after the meeting as possible. 22 C. No Closed Session may be held during an emergency meeting, and all other rules governing special meetings shall be observed with the exception of the 24 hour notice. The minutes of the emergency meeting, a list of persons the Board or designee notified or attempted to notify, a copy of the roll call vote(s), and any actions taken at such meeting shall be posted for a minimum of ten days in the District office as soon after the meeting as possible. 11.0 BOARD MEETINGS, AGENDAS 11.1 Agendas A. Any matter which is to be considered for approval or adoption by the Board at the meeting must be submitted to the Board as part of an agenda. All ordinances, resolutions and contracts shall be reviewed by legal counsel and approved as to form and legality prior to submission for consideration by the Board. B. The Secretary shall, under direction of the General Manager, prepare an agenda of such matters according to Section 11.2 herein, entitled “Order of Business”, including a description of the items to be considered or discussed and, where deemed appropriate by the General Manager, a staff recommendation for each item. C. A copy of the draft agenda for every meeting of the Board shall be provided to the Presiding Chair (should one be appointed) for review prior to posting by the Secretary. D. A copy of the finalized agenda for every meeting of the Board shall be posted at least 72 hours prior to the meeting in a place that is freely accessible to members of the public. Once posted, copies of the complete agenda and supporting materials shall be available for public inspection during business hours at the District office and on the District’s website. E. Agendas for all special meetings of the Board shall be posted in the same manner at least 24 hours prior to the meeting. The agenda for a special meeting of the Board is limited to only those matters specifically set forth in the purpose of the call for the special meeting. No other business shall be considered at a special meeting. F. All agendas and other District information shall be distributed to the Board via electronic means instead of providing paper copies. Director incurred expenses for electronic equipment and related items required for receiving, accessing and printing all agendas and information shall be reimbursed in accordance with Section 9.0 herein. G. A copy of each agenda for a meeting of the Board shall be mailed to members of the public so requesting them in writing. Any member of the public requesting a copy of a complete agenda and supporting materials shall be charged, in advance, for reproduction costs plus mailing expenses. Exceptions are public agencies, members of the public who request a copy of the agenda without supporting materials, and individuals requesting a copy of an agenda, with or without 23 supporting materials, that contains a specific matter involving that individual as a party. H. All information made available to the Board (except confidential information allowed by law per legal counsel authority) shall be available for public review prior to the Board meeting. I. Any Director may contact the General Manager and request an item to be placed on the agenda no later than 12:00 p.m. the day before an agenda is scheduled to be closed. In general, all agendas will be closed on Wednesday of the week prior to the meeting date. J. Any member of the public may request that a matter directly related to District business be placed on the agenda of a regularly scheduled meeting of the Board, subject to the following conditions: 1. The request must be in writing and submitted to the General Manager together with supporting documents and information, if any, at least 10 days prior to the date of the meeting. 2. The General Manager shall be the sole judge of whether the public request is or is not a “matter directly related to District business” and if the matter is to be placed on a future agenda. The public member requesting the agenda item may appeal the General Manager’s decision at the next regular meeting of the Board. Any Director may request that the item be placed on the agenda of the Board’s next regular meeting. 3. No matter which is legally a proper subject for consideration by the Board in Closed Session shall be accepted. 4. The Board may place limitations on the total time to be devoted to a public request issue at any meeting, and may limit the time allowed for any one person to speak on the issue at the meeting. 11.2 Order of Business A. Upon convening the meeting at the hour set on the date of each meeting, the members of the Board, the Secretary and General Manager of the District shall take their regular stations in the Board Meeting Room, and the business of the Board shall be taken up for consideration. The Presiding Officer shall immediately call the Board to order and lead in the Pledge of Allegiance to the flag of the United States of America. B. Before proceeding with the business of the Board, the Secretary shall call the roll of the Directors. The Secretary shall enter the names of all Directors, Officers, staff members and visitors (if known) present in the Minutes of the meeting. C. If a quorum is present, the Secretary shall so advise the Presiding Officer. If a quorum is not present, the Secretary may adjourn the meeting to a time certain for 24 the purpose of obtaining a quorum. Any such reconvened regular meeting shall not constitute a special meeting. In the event a regular or special meeting of the Board is adjourned to a time and date certain, the Secretary shall post a notice of adjournment in a place that is freely accessible to members of the public within 24 hours of such adjournment. D. Three of the five Directors elected or appointed to the Board shall constitute a quorum for any meeting of the Board. Irrespective of the number of Board members constituting a quorum for a particular meeting, a majority vote of the Board shall consist of at least three votes. No ordinance, resolution or motion shall be passed or become effective without the affirmative votes of at least a majority of the members of the Board. E. Directors may attend Board and Committee meetings via teleconference provided the meeting has been duly noticed as a teleconference meeting in compliance with requirements of the Ralph M. Brown Act. Duly noticed teleconference locations may be outside the District’s jurisdictional boundaries, but for purposes of establishing a quorum, at least three Directors must be participating in the meeting from within the District’s jurisdictional boundaries. A Director is entitled to participate fully in the meeting and vote from a teleconference location, and all votes shall be taken by roll call. F. The Presiding Officer may, on his/her own initiative or at the request of any two Directors, take any item of business out of order, either as to the general order of business or as to the specific agenda as the Secretary has prepared it. G. The Board may take action on items not appearing on the posted agenda for regular meetings under the following circumstances: 1. Upon determination by a majority vote of the Board that an emergency, work stoppage or crippling disaster exists that impairs public health and/or safety. 2. Upon determination by a two-thirds vote of the Board, or by all Directors if only three are present, that a matter came to the attention of the District subsequent to posting the agenda that needs immediate action by the Board. 3. When an item was posted on the agenda of, and was continued from, a meeting held not more than five days earlier. H. The Order of Business taken up for consideration by the Board is generally organized so that high priority matters are addressed at the beginning of the meeting, and is generally in the following sequence: 1. Introductions and Presentations 2. Public Hearings 3. Consent Calendar 4. Action Calendar 5. Discussion Calendar 25 6. Informational Reports and Other Business 7. Closed Session(s) 8. Adjournment I. The Public Hearings portion of the agenda, if any, shall be held at the time specified in the legal notice advertising such hearing. In general, the order of procedure for a public hearing is as follows: 1. Opening of Hearing by Presiding Officer 2. Verification of Notice of Hearing Provided by Secretary 3. Reports by General Manager, Staff and/or Consultant 4. Receipt of Communications Written by Public 5. Comments from the Public Speaking in Favor and/or Against the Issue 6. Questions to Staff and Discussion by Board 7. General Manager’s Recommendations to Approve, Modify, Continue, or Deny 8. Continue or Close Public Hearing 9. Consideration of Action by the Board J. The Consent Calendar portion of the agenda shall be consideration, in a single action, of items determined by the Secretary to be routine matters, status reports or documents implementing previous Board instructions. If a Director has a question or wishes to discuss a Consent Calendar item, they may do so without formally removing the item from the Consent Calendar. If, after such discussion, a Director, staff member or member of the public has a question or wishes to address a Consent Calendar item further, they may request that the item be removed for further discussion. The Presiding Officer shall immediately grant such requests and transfer the removed item to the Action Calendar for later discussion. Items removed from the Consent Calendar for discussion shall be acted upon separately. All items remaining on the Consent Calendar shall be considered for approval by a single motion. Examples of matters appearing on the Consent Calendar may include, but are not limited to: 1. Minutes of Previous Board Meetings 2. Approval to Pay Warrants 3. Routine Environmental Assessments 4. Approval of Routine Terms and Conditions for Water and/or Sewer Service 5. Approval of Change Orders (With a dollar value within the General Manager’s authority consistent with the approved purchasing policy.) 6. Approval of Contracts (For projects identified in the adopted budget.) 7. Final Acceptance of Facilities 8. Disposition of Liability Claims 9. Other Routine Administrative Matters K. The Action Calendar portion of the agenda shall include items requiring staff presentation and/or Board discussion prior to formal Board action. Items shall generally be listed in order of priority and with items of a similar nature grouped together. Items may be addressed out of order upon request and with the consent of the Presiding Officer. 26 L. The Discussion Calendar shall include matters that do not require Board action or that cannot reasonably be expected to result in Board action at that meeting. Matters appropriate for the Discussion Calendar include technical presentations to the Board, review of drafts of proposed policies and, in general, items for which District staff seeks the advice and counsel of the Board. When time permits, the Board believes the District’s best interests are served by discussing more complex matters at one meeting and considering formal action on them at a subsequent meeting. M. The Informational Reports and Other Business portion of the agenda provides an opportunity for the presentation of reports by the General Manager, reports from Committees, reports by Directors who have attended outside meetings, and general comments by Directors. It also provides an opportunity for the Board to schedule future meetings and assignments on the Board’s activity calendar. N. Closed Sessions are strictly limited to the open meeting exceptions as defined in the Ralph M. Brown Act. At times, during Board meetings, the Board may adjourn into Closed Session to discuss personnel matters, real estate negotiations, existing or anticipated litigation or other matters as specified in the exceptions set forth in the Brown Act. Appropriate agenda descriptions are also required for Closed Session items. O. A motion to adjourn must be moved by a Director and seconded by another Director, and is subject to debate. No further business can be conducted after an affirmative vote to adjourn. P. The Board may adjourn any regular or adjourned regular meeting to a time and place specified in the motion of adjournment so approved by the Board. 12.0 BOARD MEETINGS, MINUTES 12.1 The Secretary shall keep minutes of all Board meetings. Minutes are to record actions taken and meaningful discussion; they are not intended to be verbatim records. Members of the public requesting information about a meeting shall be encouraged to listen to the audio recording made of each meeting. Draft minutes shall be distributed to the Board for review and approval at the next regular meeting or as soon as possible thereafter. Minutes may be approved as part of the Consent Calendar. 12.2 The official minutes of all Board meetings shall be kept in a fire-proof vault or in fire- resistant locked cabinets at the District’s Administration office. An audio recording shall be made of all regular Board meetings, including public hearings, and retained for 30 days following the date the meeting minutes are approved by a majority vote of the Board. Video recordings of all regular Board meetings or public hearings shall be retained for a minimum of 30 days following the date of the meeting. 27 13.0 BOARD MEETINGS, CONDUCT 13.1 Guidelines for Discussion These guidelines are intended primarily for those situations where discussion of an issue is taken up with considerable enthusiasm by several Directors and/or members of the general public, and it is necessary to formalize the meeting so that each Director, in due course, may be heard. A. The Presiding Officer shall decide, subject to a question of order by any Director, the degree of enforcement of these guidelines at any time during any meeting. B. The Board prefers a flexible form of meeting, believing that this enhances the decision-making process and therefore does not conduct its meetings with formal “rules of order” or parliamentary procedure. The Presiding Officer for each meeting has the responsibility to preserve order and decorum. If at any time, a Director believes order is not being maintained or that procedures being followed are not adequate for the decision-making process at hand, he/she shall call this fact to the attention of the Presiding Officer and request corrective action. If the corrective action taken by the Presiding Officer is not satisfactory, a motion for specific corrective action may be made to the Board. In that event, a majority vote of the Board shall determine the action to be taken. C. A Director is disqualified from participating in the decision-making process if a financial interest in an item before the Board might interfere with the performance of duties in an impartial manner free from bias, as defined in Section 4.0 herein. If grounds for disqualification exist, the Director at issue shall announce prior to consideration of the matter that he/she has a conflict of interest, publicly identify the interest that gives rise to the conflict or potential conflict in sufficient detail to be understood by the public, recuse themselves from discussing and voting on the matter, and then leave the room until after the discussion, vote, and any other disposition of the matter is concluded. The Director shall not be counted toward achieving a quorum while the item is discussed. This rule applies when the item that gives rise to the disqualification is on the Consent Calendar except the Director at issue is not required to leave the room. Any Director unsure about whether a conflict of interest exists may request an opinion from legal counsel. D. The Presiding Officer may move, second or debate motions from the chair, subject only to such limitations of debate as may be imposed on all Directors, and shall not be deprived of any of the rights and privileges of a Director by serving as the Presiding Officer. The Presiding Officer may vote on all questions or motions before the Board, with his/her name being called last in a roll call vote. E. Any Director desiring to speak shall first address the chair. Upon recognition by the Presiding Officer, the Director may speak freely with respect to the matter then before the Board but shall confine his/her comments to the subject under discussion. Any Director, once recognized, shall not be interrupted except by a call to order from the Presiding Officer. If a Director is called to order, he/she shall cease speaking until the question or order is determined; if determined to be in order, they may proceed. 28 F. Any Director moving the adoption or approval of a matter may call for the question. G. True motions to reconsider any Board action must be made at the same meeting at which the original action was taken; however, any Director may make any other type of motion at any meeting. H. All motions shall be adopted by voice vote unless otherwise required by law. The Secretary shall record in the Minutes any dissenting and abstaining votes, or disqualification from voting due to a conflict of interest. I. Unless a Director declares a conflict of interest or abstains, silence shall be recorded in the Minutes as an affirmative vote. J. The Secretary shall enter into the Minutes for each meeting a record of all Board actions and a summary of the discussion on each matter considered by the Board. K. Any person desiring to speak shall first address the chair. Upon recognition by the Presiding Officer, the speaker shall state his/her name, representation and/or affiliation and the matter on which he/she wishes to comment. If the matter relates to an item on the current agenda, the Presiding Officer shall recognize the person and invite their comment when the item is considered. If the matter does not relate to an item on the current agenda, the Presiding Officer shall determine whether and when to allow the comment. Comments are limited to matters of public interest within the jurisdiction of the District, and comments must be no more than three minutes in length unless a time extension is granted by the Presiding Officer. A maximum of 20 minutes shall be allotted for each subject matter pursuant to the discretion of the Presiding Officer. No action shall be taken on matters not appearing on the posted agenda for that meeting, although Directors may respond briefly to public comments. L. In the event any person or group of people makes personal, impertinent or slanderous remarks or becomes boisterous while attending a District Board meeting, the Presiding Officer shall call for order. If the person or group refuses to comply with the Presiding Officer’s request for order, the Presiding Officer may declare a recess and summon a law enforcement officer to remove the person(s) from the room. Once the Presiding Officer takes this action, permission for such person(s) to remain at the meeting requires a motion approved by a majority vote of the Board. When, in the judgment of the Presiding Officer, order is restored, the meeting shall reconvene and continue with the Board’s business. 14.0 BOARD ACTIONS AND DECISIONS 14.1 The Board shall act only by Ordinance, Resolution or Motion. The Presiding Officer shall state each matter as it is presented for consideration by the Board and shall announce each decision of the Board. 14.2 Ordinances are an authoritative decree or municipal regulation of the District. Ordinances shall relate to no more than one subject, which shall be clearly expressed in the title of the ordinance. No ordinance, or section thereof, shall be amended or repealed unless 29 the new ordinances contains the title of the ordinance or section amended or repealed. When applicable, ordinances shall be identified to the Board as replacements to existing ordinances or sections thereof. Ordinances must be moved and seconded and shall be adopted only by a roll call vote. The Secretary shall record the names of all Directors and identify them as voting Aye, No, Abstain, or Absent on each adopted ordinance. All ordinances shall be signed by the Presiding Officer and attested by the Secretary. Ordinances shall be in full force and effect upon adoption unless otherwise provided by law, and the Secretary shall be responsible for compliance with any and all legal requirements for publication of the ordinance. 14.3 Resolutions are a formal expression of opinion, will or intent of the Board. Resolutions must be moved and seconded and shall be adopted only by a roll call vote. The Secretary shall record names of all Directors and identify them as voting Aye, No, Abstain, or Absent on each adopted resolution. All resolutions shall be signed by the Presiding Officer and attested by the Secretary. 14.4 Motions are proposals, made by a Director during a Board meeting, for action, inclination of the mind or will, or a formal proposal made in a deliberative manner by the Board. Every motion considered by the Board must be moved by a Director, seconded by another Director and is subject to debate. 14.5 Except where action is taken by the unanimous vote of all Directors present and voting, the Secretary shall record the names of all Directors and identify them as voting Aye, No, Abstain or Absent upon the passage of all ordinances, resolutions, or motions and enter them upon the Minutes of the Board. 15.0 EXHIBITS AND APPENDIXES Exhibits A. Activity Report and Compensation Form B. Travel Expense Reimbursement Form C. Meeting and Mileage Expense Reimbursement Form D. Missing Receipt Affidavit Form E. Communications Expense Reimbursement Form F. Sample Conflict of Interest Declarations G. Acknowledgement Appendixes 1. Setting Compensation for Members of the Board (Ord. 03-01) Exhibit A YORBA LINDA WATER DISTRICT Directors Activity Report and Compensation Form Name (Printed): NOTE: Rate is $150.00 per day. Month: Date Meeting Description Code Rate Total Compensation Amount: $ Director’s Signature: Date: R = Regular Mtg | S = Special Mtg | C = Committee Mtg | O = Other Mtg Fax to 714-701-3028 or scan and e-mail to the Executive Secretary. Original itemized receipts and Name:corresponding route maps must be attached. Conference Name: Destination/Location: Purpose of Trip: Departure Date:Return Date: Travel Date Expense Paid Expense Paid Total Business By YLWD By Director Expenses Breakfast Lunch Dinner Lodging Airfare Cab Fare Auto Rental Gas, Oil, etc. Parking, Toll Misc. Tips Mileage Conference Fee Membership Fee Total $ $ I hereby certify that the above expenditures represent cash spent for legitimate District business only and includes no personal items. Director's Signature:Date: Reviewer's Signature:Date: Itemized Expenses Total Due Director: YORBA LINDA WATER DISTRICT Meeting and Mileage Expense Reimbursement Form Ex h i b i t B DRAFT TOTAL EXPENSES:$0.00 Meeting and Mileage Expense Reimbursement Form Name:________________________________________ Month:________________________________________Current Rate =0.575 Date Purpose Location Miles Meals Parking Other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Total Miles:0 TOTALS:$0.00 $0.00 $0.00 $0.00 __________________________________________________________________________ Director's Signature Date Original itemized receipts and corresponding route maps must be attached. __________________________________________________________________________ Reviewer's Signature Date YORBA LINDA WATER DISTRICT Ex h i b i t C DRAFT Exhibit D YORBA LINDA WATER DISTRICT Missing Receipt Affidavit Form Please retain this form with the District’s financial records in case of an audit. Name (Printed): I certify that I made the purchase shown below for District purposes but do not have a receipt because (check all that apply): Vendor did not provide a detailed receipt. I had a receipt but cannot locate it. I have a receipt, but it is not readable (e.g. not in English and/or not legible). This document is provided in order to describe the items purchased. Order was placed via telephone, fax, or internet, and vendor has not supplied an invoice. Vendor Name City Date of Purchase Detailed Description of Purchase (Attach additional sheets if necessary.) Item Amount Total Purchase Amount $ This document is in lieu of an invoice or receipt for this transaction. I certify that all items listed above (and on the attached, if applicable) were purchased and received for District business. Director’s Signature: Date: NOTE: All information is required and must be typed or printed in ink. Use one affidavit per receipt. Exhibit E YORBA LINDA WATER DISTRICT Communications Expense Reimbursement Form Director’s Name (Printed): The purpose of this form is to identify and provide proof of purchase and original itemized receipts for the reimbursement of Director incurred expenses for obtaining electronic equipment and related items in order to receive and access agendas and other District information distributed to the Board via electronic means. NOTE: One hundred percent (100%) of the electronic equipment and approved itemized expenses reimbursed shall be reported on the Director’s Form W-2 as taxable income. Date Description Amount Total Expenses: $ Less Paid by YLWD: $ Total Reimbursement Amount: $ I agree that all expenses submitted on this form are for District purposes only. I also agree that it is my responsibility to provide proof of purchase and original itemized receipts along with this completed form to the Finance Manager or the General Manager within 30 days of purchase. Director’s Signature: Date: Reviewer’s Signature: Date: Exhibit F YORBA LINDA WATER DISTRICT Sample Conflict of Interest Declarations Generally, a Board member has a financial interest in a matter if it is reasonably foreseeable that the Board’s decision would have a material financial effect (as defined by the Fair Political Practices Commission regulations) that is distinguishable from its effect on the public generally, on the official, a member of his/her immediate family, or on any of the following: • A business entity in which the Board member has a direct or indirect investment worth $2,000 or more; • A business entity in which the Board member holds a position as a director, officer, partner, trustee, employee, or holds any position of management; • A source of income (except gifts or loans by a commercial lending institution made in the regular course of business on terms available to the public without regard to official status), aggregating $500 or more in value provided, promised to, or received by, the Board member within 12 months prior to the time a decision is made; • A source of gifts to the Board member amounting to the annual gift limit or more within 12 months prior to the time a decision is made; and • Real property in which the Board member has a direct or indirect interest worth $2,000 or more. Below are some sample conflict of interest declarations as provided by the District’s legal counsel: 1. Decision affects business entity in which a Director has an investment: I declare that I have a conflict of interest on Agenda Item No. ___ because I have an investment in __Name of Company__. 2. Decision affects business entity in which a Director holds a position: I declare that I have a conflict of interest on Agenda Item No. ___ because I hold a position at __Name of Company__, a business that __Description of Business Activities__. 3. Decision affects a source of income/gift: I declare that I have a conflict of interest on Agenda Item No. ___ because I have received income or a gift from __Name of Source__. 4. Decision affects real property in which the Director has a direct/indirect interest: I declare that I have a conflict of interest on Agenda Item No. ___ because I own real property, located at __Location__ which may be affected. NOTE: If subject property is the Director’s primary residence simply state that “the property is a residence”. 5. Decision related to Closed Session agenda item: I recuse myself from participating in Agenda Item No. ___ due to a conflict of interest under Government Code Section 87100. Exhibit G YORBA LINDA WATER DISTRICT Acknowledgement Form By signing below, the Director hereby acknowledges and agrees that he/she: a) Has read this manual and understands its expectations; b) Will comply with all local, state, and federal laws and regulations is an inherent quality of ethical behavior; c) Pledges to uphold a standard of integrity and competence beyond that required by law; d) Will treat all persons, claims and transactions in a fair and equitable manner; and e) Fully understands they are subject to the Board’s admonition, sanction and censure, depending on their ability to exemplify the ethical and professional behavior promoted by this manual. Director’s Name (Printed): Date: ________________________________________ Director’s Signature: ________________________________________ Distribution: Original to Personnel File Copy: Director ORDINANCE NO. 03-01 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT SETTING. COMPENSATION FOR MEMBERS OF THE BOARD OF DIRECTORS WHEREAS, The Yorba Linda Water District is organized and operates under authority of the County Water District Act, Division 12, commencing with Section 30,000 of the California Water Code; and WHEREAS, Water Code Section 20202, permits water districts, as defined in Section 20200, which includes the Yorba Linda Water District, to increase compensation of members of the Board of Directors in an amount in excess of $100 per day for each day's attendance at Board meetings or each day's service as a Director at the Board's request, not to exceed ten day's per calendar month; and, WHEREAS, the increase in compensation authorized pursuant to Section 20202 is limited to five percent for each calendar year following the operative date of the last adjustment; and WHEREAS, the Board of Directors of the Yorba Linda Water District, by action taken in February, 1991 set the daily compensation under Water Code Section 30507 at 125 for Board and Board Committee meetings and $50 for other service rendered at the request of the Board; and WHEREAS, the Board of Directors of the Yorba Linda Water District has conducted a public hearing upon notice pursuant to Government Code Section 6066 as required by Water Code Section 20203. NOW THEREFORE, the Board of Directors of the Yorba Linda Water District does hereby find, declare, order and ordain as follows: Section 1. The matters set forth in the recitals of this Ordinance are true and correct. Section 2. Upon and after the effective date of this Ordinance, compensation for members of the Board of Directors of the Yorba Linda Water District shall be $150 per day for each day's attendance at meetings of the Board of Directors and other meetings attended at the request of the Board of Directors. Compensation for any type of service shall not exceed ten (10) days in any calendar month. Members of the Board of Directors shall receive reimbursement or payment of expenses, according to District rules, incurred in the performance of each Director's duties required or authorized by the Board of Directors. Section 3. This Ordinance shall become effective sixty (60) days after its adoption. PASSED AND ADOPTED this 23rd day of .January, 2003 by the following called vote: AYES: Beverage, Mills, Summerfield NOES: Armstrong ABSENT: Korn ABSTAIN: Q r~ J W. ummer ice, resident 1 i~ ATTEST: Secretary ITEM NO. 9.4 AGENDA REPORT Meeting Date: May 11, 2015 Budgeted:Yes To:Board of Directors From:Marc Marcantonio, 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 Subject:Memorandum of Understanding and Pay Plans Between the District and the YLWD Employees Association SUMMARY: The District's Employees' Association Bargaining Unit members accepted the District's offer of a three-year agreement for the period of July 1, 2015 through June 30, 2018 STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 15-06 Adopting the Memorandum of Understanding and Pay Plans Between the District and the Yorba Linda Water District Employees Association. DISCUSSION: From the period of February 3, 2015 through April 30, 2015, staff met and conferred with representatives of the Yorba Linda Water District Employees' Association to negotiate a Memorandum of Understanding (MOU) for FY's 2015-2018. On May 7, 2015, the Employees' Association held an election to agree to accept the 2015-2018 MOU. The highlights of the MOU for fiscal years 2015-2018 include the following: 1. Three-year agreement; 2. 6.5% Cost of Living Adjustment over the three-year agreement; 3. Effective July 1, 2016, implementation of an eleven (11) step salary schedule with a 2.5% salary difference between steps replacing the District's nine (9) step salary schedule. PRIOR RELEVANT BOARD ACTION(S): On October, 11, 2012, the Board of Directors adopted Resolution No. 12-22, approving the Memorandum of Understanding for Fiscal Years 2012-2015 with the Yorba Linda Water District Employees' Association. ATTACHMENTS: Name:Description:Type: Resolution_No._15-06_-_MOU_FY_2015-2018.pdf Resolution No. 15-06 Backup Material BU_Compensation_Package_2015-2018.pdf BU Compensation Package 2015-2018 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/11/2015 RK/MB 4-0-0-1 Roll Call PH was absent. RESOLUTION NO. 15-06 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE MEMORANDUM OF UNDERSTANDING AND PAY PLANS 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 2015- 2018 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 years 2015-2018 as attached hereto and by this reference incorporated herein including its attachments Exhibits “A” through “E”. Section 2. That Resolution No. 12-22 is hereby rescinded. PASSED AND ADOPTED this 11th day of May 2015, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Ric Collett, President Yorba Linda Water District Resolution No. 15-06 Adopting the MOU and Pay Plans Between the District and the YLWD Employees Association 1 ATTEST: Marc Marcantonio, Board Secretary Yorba Linda Water District Reviewed as to form by Labor Counsel: Connie Almond, Esq. Liebert Cassidy Whitmore LLP Resolution No. 15-06 Adopting the MOU and Pay Plans Between the District and the YLWD Employees Association 2 MEMORANDUM OF UNDERSTANDING 2015-2018 BY AND BETWEEN THE YORBA LINDA WATER DISTRICT AND THE YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION TABLE OF CONTENTS Page ARTICLE 1 RECOGNITION .................................................................................... 1 ARTICLE 2 SALARY SCHEDULE ........................................................................... 1 Section 2.1 Salary Schedules ....................................................................... 1 Section 2.2 Employee PERS Contribution Rate ........................................... 2 Section 2.3 Merit Increases .......................................................................... 2 Section 2.4 Acting Appointments .................................................................. 4 Section 2.5 Salary Deduction ....................................................................... 5 Section 2.6 Probation ................................................................................... 5 ARTICLE 3 OVERTIME AND COMPENSATORY TIME OFF ................................. 5 Section 3.1 Overtime .................................................................................... 5 Section 3.2 Compensatory Time .................................................................. 6 ARTICLE 4 STANDBY AND CALL OUT COMPENSATION ................................... 6 Section 4.1 Standby Compensation ............................................................. 6 Section 4.2 Call-Out Compensation ............................................................. 7 ARTICLE 5 INSURANCE ........................................................................................ 9 Section 5.1 Life Insurance ............................................................................ 9 Section 5.2 Supplemental Life Insurance ..................................................... 9 Section 5.3 Health Insurance ........................................................................ 9 Section 5.4 Dental Insurance ...................................................................... 10 Section 5.5 Vision Coverage ...................................................................... 10 Section 5.6 Domestic Partners ................................................................... 10 Section 5.7 Retiree Insurance Benefits....................................................... 10 Section 5.8 Cafeteria Plan .......................................................................... 11 Section 5.9 Long-Term Disability ................................................................ 11 Section 5.10 Short-Term Disability ............................................................... 12 ARTICLE 6 HOURS .............................................................................................. 12 ARTICLE 7 HOLIDAYS ......................................................................................... 13 ARTICLE 8 VACATION ......................................................................................... 13 ARTICLE 9 LEAVES ............................................................................................. 15 Section 9.1 Sick Leave ............................................................................... 15 Section 9.2 Disability Leave ........................................................................ 16 Section 9.3 Leave of Absence Without Pay ................................................ 17 Section 9.4 Jury Duty/Court Testimony ...................................................... 17 Section 9.5 Bereavement Leave ................................................................. 18 Section 9.6 Emergency Leave Policy ......................................................... 18 ARTICLE 10 GRIEVANCE PROCEDURE .............................................................. 18 Section 10.1 Purpose ................................................................................... 18 Section 10.2 Matters Subject to the Grievance Procedure ........................... 18 Section 10.3 Informal Grievance Adjustment ................................................ 19 Section 10.4 Formal Grievance Procedure ................................................... 19 Section 10.5 General Conditions .................................................................. 20 ARTICLE 11 EMPLOYEE DISCIPLINE ................................................................... 20 Section 11.1 Forms of Discipline .................................................................. 20 Section 11.2 Procedure ................................................................................ 21 Section 11.3 Appeal of Disciplinary Action ................................................... 21 ARTICLE 12 JOB POSTING ................................................................................... 23 ARTICLE 13 MISCELLANEOUS BENEFITS .......................................................... 23 Section 13.1 Safety Boot Allowance ............................................................. 23 Section 13.2 Certificate Pay ......................................................................... 24 Section 13.3 Education Reimbursement....................................................... 27 Section 13.4 Commercial Driver’s License Pay ............................................ 28 Section 13.5 Uniforms .................................................................................. 28 Section 13.6 Job Description ........................................................................ 28 Section 13.7 Extended Work Accommodation .............................................. 28 ARTICLE 14 DRUG POLICY ................................................................................... 29 ARTICLE 15 MANAGEMENT RIGHTS ................................................................... 29 ARTICLE 16 CONCERTED ACTIVITIES ................................................................ 30 ARTICLE 17 TERM OF AGREEMENT .................................................................... 30 ARTICLE 18 DISTRICT GOVERNING BOARD APPROVAL .................................. 30 Exhibit A Salary Ranges and Authorized Classifications Exhibit B Pay Plan Bargaining Unit Employees 2015-2016 Exhibit C Pay Plan Bargaining Unit Employees 2016-2017 Exhibit D Pay Plan Bargaining Unit Employees 2017-2018 Exhibit E Holiday Schedule 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, 2015 (or upon adoption of the MOU by the Board of Directors, whichever is later) through June 30, 2016 (reflecting a 2.5% base salary increase). (b) Effective July 1, 2016, the salary schedule attached hereto as Exhibit “C” shall be effective for FY 2016-2017 (reflecting a 2.0% base salary increase). (c) Effective July 1, 2017, the salary schedule attached hereto as Exhibit “D” shall be effective for FY 2017-2018 (reflecting a 2.0% base salary increase). (d) 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. (e) 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) week period. If the Thursday payday falls on a holiday, the pay shall be distributed on the prior day, a Wednesday. The FLSA work period for employees assigned to a 4/10 or 5/8 work schedule will begin at Sunday at 12:00 a.m. and end the following Saturday at 11:59 p.m., and recurring thereafter. Page 1 (f) 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 PERS Contribution Rate and Formula The District has three tiers for retirement benefits: • Tier 1 applies to District employees hired prior to January 26, 2012; • Tier 2 applies to District employees hired between January 26, 2012 and December 31, 2012, and any District employees hired on or after January 1, 2013 who are defined as “classic members” under the Public Employees’ Retirement Law (“PERL”); and • Tier 3 applies to District employees hired on or after January 1, 2013 who are defined as “new members” under the PERL. (a) Tier 1 and Tier 2 employees Tier 1 employees are enrolled in the 2% at 55 retirement formula. Tier 2 employees are enrolled in the 2% at 60 retirement formula. Tier 1 and Tier 2 employees pay the full employee contribution rate, which is 7% of pensionable compensation. The District has also contracted with CalPERS for a retirement benefit based on the single highest year with a Fourth Level of 1959 Survivor Benefit Program. (b) Tier 3 employees Unit members hired on or after January 1, 2013 who are “new members” as defined in the Public Employees’ Pension Reform Act of 2013 (PEPRA), are provided the following retirement benefits: 2.5% at 67 benefit formula with a three year (36 month) final compensation period. Employees may designate the highest 36 month period. Employees will pay one-half of the total normal cost rate as determined by CalPERS. 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 Page 2 granted only for continued or sustained improvement by the unit employees in the effective performance of the duties of his/her position as determined within the District’s sole discretion. The District has a nine (9) step salary schedule with a 2.5% salary difference between steps and 5% salary difference between ranges. Effective July 1, 2016, the District will implement an eleven (11) step salary schedule with a 2.5% salary difference between steps replacing the District’s previous nine (9) 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. Effective July 1, 2016, the District will implement a new five-rating performance evaluation with the following ratings: Unsatisfactory, Needs Improvement, Meets Expectations, Exceeds Expectations, and Outstanding. An employee who receives an overall rating of Exceeds Expectations and with no Unsatisfactory and no more than two (2) Needs Improvement ratings on their evaluation shall be entitled to move one (1) step. An employee who receives an overall rating of Outstanding with no Unsatisfactory and no Needs Improvement ratings on their evaluation, shall move two (2) steps. Movement shall take place until an employee has reached Step 11. The District shall endeavor to have performance reviews completed by the employee’s anniversary date with the effective date of any merit salary increase being on the anniversary date. If the evaluation is delayed, any subsequent salary increase to which the employee is entitled as a result of the performance review rating, shall be retroactive to the anniversary date. The revised performance evaluation form is to be created by a subcommittee consisting of two (2) managers and two (2) supervisors (selected by the District), and two (2) bargaining unit members (selected by the Association). If the subcommittee does not have a revised form completed by October 1, 2015, the subcommittee will be dissolved and the District and Association will meet and confer over a revised performance evaluation form in accordance with the Meyers-Milias-Brown Act (MMBA). Page 3 Section 2.4 Acting Appointments The Human Resources/Risk Manager 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 calendar days, the employee shall be paid prospectively on the 31st consecutive calendar day at an amount closest to 5% more than their 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 calendar days in the acting position. For example, if an employee serves in an acting position for 29 consecutive calendar days, is removed, and reappointed 10 calendar days later for a period of 29 consecutive calendar days, no acting compensation shall be paid. If an employee works for 45 consecutive calendar days in an acting position, is then removed from the acting position and reappointed 10 working days later for 20 calendar days, acting pay is earned for the 15 calendar days worked as part of the 45 consecutive calendar day period described in this sentence and no acting pay is earned for the subsequent 20 calendar days. The employee shall return to their original position and salary step at the discretion of the Human Resources/Risk Manager. With the General Manager’s approval, the term of an “acting appointment” may last longer than one (1) year. 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 Page 4 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 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. 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 their 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. 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. Page 5 Section 3.2 Compensatory Time At the employee’s option, overtime may be earned as “compensatory time off” instead of as cash. The maximum amount of compensatory time off which shall be accrued is forty (40) hours. Compensatory time off shall be credited at the rate of 1-1/2 hours of compensatory time off for each hour of overtime worked. At the employee’s discretion, the employee may submit a written request to payroll for cash distribution of not greater than twenty (20) hours of accrued compensatory time off during any payroll period. Upon separation from employment, the employee shall be compensated at the then existing regular rate of pay for all accrued compensatory time off. An employee desiring to utilize compensatory time off shall submit a written application to a supervisor authorized to grant the use of the time off, and shall be allowed the time off, in 15 minute increments, unless in the supervisor’s sole determination, use of the compensatory time off at the requested date and time, shall result in an undue hardship to the District. ARTICLE 4. STANDBY AND CALL OUT COMPENSATION Section 4.1 Standby Compensation A unit employee assigned to standby duty for purposes of being on call to handle emergency situations arising at times other than normal scheduled working hours, and not as an extension of a regularly scheduled shift, shall be paid a flat fee for each day 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 Page 6 Maintenance Worker I and Maintenance Distribution Operator II positions determined qualified by the District shall be eligible for standby duty. The pay for standby compensation shall be paid on the regular pay day for the pay period in which the standby duty is completed. An employee on standby duty must (1) be ready to respond immediately to a call for service, (2) be readily available at all hours by telephone or other agreed upon communication equipment, and (3) refrain from activities which might impair their assigned duties upon call. The parties agree that an employee must be able to arrive at District boundaries within forty-five (45) minutes from receiving a call-out. The parties agree that employees on standby duty, as defined above, are “waiting to be engaged.” 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 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’ pay 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 period 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 Page 7 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. 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 commences 1800 & ends 1900 10 minute phone call 30 minute call 30 minutes = 2 hours’ pay x 1.5 times base hourly rate included in 2 hour minimum .25 hours’ pay at 1.5 times base hourly rate 1.5 hours’ pay at 1.5 times base hourly 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 because 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 Page 8 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. Where a “call-out” requires the employee to leave their 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 their salary. Section 5.2 Supplemental Life Insurance An employee may purchase additional life insurance up to $300,000 by authorizing the additional premium to be deducted from their salary. In addition, an employee may purchase coverage for their spouse, up to half of their elected amount. Some medical restrictions may apply. An employee may purchase coverage for their children, up to $10,000. Children include the employee’s natural children, legally adopted children, stepchildren and foster children who depend on the employee for support. Eligible children must be unmarried and between the ages of 14 days old up to age 21, or up to age 25 if a full-time student at an accredited college/university. There are no medical restrictions for child coverage. Section 5.3 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, effective the first of the month following their date of hire, and ⅔ of the additional premium toward unit Page 9 employee dependent coverage for covered employees with any dependents 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 their salary to cover the employee’s ⅓ share of the dependent coverage. Section 5.4 Dental Insurance The District shall pay 100% of the premium for dental insurance for all unit employees who work in excess of 30 hours or more per week, effective the first of the month following their date of hire, and ⅔ of the additional premium toward unit employee dependent coverage for covered employees with any dependents 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 their salary to cover the employee’s ⅓ share of the dependent coverage. Section 5.5 Vision Coverage The District shall pay 100% of the premium, toward the premium for vision insurance for unit members who work in excess of 30 hours per week, effective the first of the month following their date of hire, and ⅔ of the additional premium toward unit employee dependent coverage for covered employees with any dependents,, 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 their salary to cover the employee’s ⅓ share of the dependent coverage. Section 5.6 Domestic Partners Effective October 1, 2006, “dependent” shall include a domestic partner for whom a California State Registration Certificate is provided. Section 5.7 Retiree Insurance Benefits For individuals employed by the District prior to December 8, 2011, and subject to carrier approval, the District shall pay the amounts provided in Sections 5.3, 5.4 and 5.5 of this Agreement for any employee who retires from the District for a period of time which is equivalent to one (l) year or pro-ration thereof on a monthly basis for each Page 10 three (3) years of service to the District or pro-ration thereof on a quarterly basis. To be eligible for this benefit, the employee must be at least 50 years of age, must have five (5) years of service with the District, must provide ninety (90) days’ notice of intent to retire, must remain in a retired status, and must retire from the District during the term of this Agreement while in good standing (did not retire after being provided written notice that disciplinary investigation/proceedings were pending which in the sole judgment of the District are reasonably anticipated to result in a recommendation of dismissal from employment or which have resulted in a determination by the District to impose dismissal. If a dismissal is appealed and results in a final administrative decision, (and where appealable, a court determination) reinstating the employee, the withheld benefit shall be retroactively implemented to the date of dismissal). If any benefit period remains when the employee or their spouse reaches ages 65, whichever is latest, the coverage shall become secondary to Medicare for the remainder of the benefit period. The retired employee must make any contributions required of a regular employee pursuant to Section 5.3, 5.4 or 5.5 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. 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. Individuals hired on or after December 8, 2011, shall be ineligible to receive this benefit. Section 5.8 Cafeteria Plan To the extent lawful, the District shall extend its current plan under Section 125 of the Internal Revenue Code to cover unit employees. Section 5.9 Long-Term Disability The District shall provide a long-term disability plan for employees which has a 90-day elimination period and provides 66⅔% of an employee’s monthly pre-disability Page 11 earnings to a maximum of $7,000 per month 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. Section 5.10 Short Term Disability The District shall provide a short-term disability plan for employees which has a 29-day elimination period up to an employee’s eligibility for Long-Term Disability and provides 66⅔% of an employee’s weekly pre-disability earnings to a maximum of $1500 per week for a designated period of nine weeks 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. 2. 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 Page 12 immediately prior to implementation of the 4/10 schedule on December 31, 2011. 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. ARTICLE 7. HOLIDAYS 1. Holidays for full-time unit employees covered by this Memorandum of Understanding are set forth in Exhibit “E”. 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 the fiscal year in which it is accrued or the following fiscal year. Any unused floating holiday time will be cashed out at the employee’s base hourly rate at the end of the fiscal year following the fiscal year during which the time was accrued. For example, any unused floating holiday time accrued during fiscal year 2015-16 would be paid out at the end of fiscal year 2016-17. 3. 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: Page 13 Duration of Continuous Regular Employment Hours Accrued per Pay Period During 1st through 60th month (0-5 yrs) 3.077 hrs = 2.0 wks/yr During 61st through 120th month (5-10 yrs) 4.615 hrs = 3.0 wks/yr During 121st through 180th month (10-15 yrs) 5.384 hrs = 3.5 wks/yr During 181st through 240th month (15-20 yrs) 6.153 hrs = 4.0 wks/yr During 241st month and thereafter (20+ yrs) 6.922 hrs = 4.5 wks/yr 2. Paid vacation hours shall continue to accrue in accordance with the above provisions during any period of leave with pay. 3. All vacations shall be scheduled and taken in accordance with the best interest of the District and with the approval of the employee’s Department Manager or immediate supervisor with due regard to the wishes of the employee. Employees must request vacation leave time at least two work days in advance. 4. A unit employee may not take more vacation time than the amount the employee has accrued. The minimum amount of vacation that may be taken at any given time shall be fifteen (15) minutes. 5. A unit employee shall be eligible to take any accrued vacation after completion of six (6) months during their original twelve (12) month probationary period. 6. The maximum vacation that may be accrued shall not be more than one and one-half (1-1/2) times the amount that may be accrued in one year of service. If the employee has accrued the maximum amount of hours of vacation, no additional hours shall be accrued, nor shall the cash equivalent of what would have been excess hours, be earned by the employee. However, where in the sole discretion of the General Manager it is determined that requirements of the District are the sole reason for an employee being unable to timely schedule and utilize vacation time off, said employee may be provided authorization to accrue additional vacation time in an amount determined in the sole discretion of the General Manager. 7. Upon termination, a unit employee shall be compensated in cash at their current rate of pay for any vacation accrued but not taken. 8. 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 Page 14 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. 9. 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 (½) the vacation time to which they are entitled within the same annual period of the sold vacation time remains in the employee’s vacation account after the cash distribution. Sell-back of vacation time will only be paid on the second payday in November of each year. 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, domestic partner, sisters, brothers, grandparents, grandchildren, mother-in-law, or father-in-law) which requires the attendance of the employee. (d) In order to receive sick pay for routine medical or dental appointments, the employee must notify their immediate supervisor twenty-four (24) hours in advance; otherwise, sick leave can be denied. Subject to the following exception, sick leave for routine medical or dental leave is for the length of the appointment only and for reasonable travel time to and from the appointment and the work site. An employee utilizing sick pay for the routine medical or dental appointment shall be authorized to debit their earned sick leave balance for an entire scheduled work day, where the employee presents the Human Resources/Risk Manager with documentation from the health care provider treating the employee, of indication that the treatment has resulted in the employee being incapacitated for the remainder of the Page 15 work day, from performing the essential duties of the position. The purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a) for employees who are victims of domestic violence, sexual assault, or stalking. 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 condition of the employee or the employee’s family member prevented them from performing their duties. 4. 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. 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 their accrued sick leave time for each regularly scheduled working day that they are on paid sick leave. 6. In the event that any paid holiday occurs during a period when a unit employee is on paid sick leave, the employee’s sick leave account shall not be debited 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 their final salary for ⅜ of their accumulated days of sick leave, if any, at the time of separation from active employment. The remaining ⅝ of their accumulated days of sick leave will be converted into CalPERS service credit. Section 9.2 Disability Leave 1. In situations where a unit employee has been injured in a non-duty accident and their disability leave exceeds thirty (30) calendar days, their merit review and anniversary dates will be adjusted accordingly for that portion of leave exceeding thirty (30) calendar days. Page 16 2. An injured employee may elect to take as much of their accumulated sick leave and/or vacation so their disability payment, when added to their leave time will not result in a payment to them of more than their full salary or wage. Section 9.3 Leave of Absence Without Pay 1. Department managers may grant a regular or probationary unit employee a leave of absence without pay for a period not to exceed two (2) weeks. Such leaves shall be reported to the Human Resources/Risk Manager. 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 such approval shall be entirely at their discretion. 3. In situations where a unit employee shall request leave without pay for a period in excess of thirty (30) calendar days, said employee 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, their coverage shall be terminated within the limits prescribed by the benefit carriers and shall be reinstated within the limits prescribed by the benefit carrier at the time of their reinstatement by the District. 4. Upon expiration of a regularly approved leave or within twenty-four (24) hours’ notice to return to duty, the unit employee shall be reinstated in the position held at the time the leave was granted. Failure on the part of a unit employee on leave to report promptly at its expiration, or within forty-eight (48) hours after notice to return to duty shall be cause for immediate discharge. The depositing in the United States mail of a first-class postage-paid letter addressed to the unit employee’s last known place of residence shall be reasonable notice. Section 9.4 Jury Duty/Court Testimony A full-time unit employee required to serve as a trial juror shall be entitled to be absent from their 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 Page 17 to exceed ten (10) working days for each period of jury duty. If court records indicate that the employee advised the court of this ten (10) working day limit, and the employee is nonetheless selected for a jury where the jury duty exceeds ten (10) working days, the excess days shall be paid by the District. W itness fees or juror fees, with the exception of mileage reimbursement, shall be submitted to the District. Section 9.5 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 to attend funeral services and/or conduct 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, or a state registered domestic partner. The General Manager, at their sole discretion, may allow the employee to use up to an additional four (4) days of sick leave for this purpose. The General Manager, at their sole discretion, may allow the employee to use up to four (4) days of their accrued sick leave for bereavement of non-immediate family members. Section 9.6 Emergency Leave Policy Please refer to the District’s Emergency Leave Policy for information. ARTICLE 10. GRIEVANCE PROCEDURE Section 10.1 Purpose The purpose of this section is to enhance communications between the District and unit employees by providing a fair and impartial review and consideration of grievances at the level closest to their point of origin within a reasonable time period without jeopardizing the employee’s position or employment. Section 10.2 Matters 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 of a performance evaluation. Page 18 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 their supervisor not later than ten (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 they deem necessary and reply in writing within ten (10) working days. Any matters for which they do 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, they 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 they deem necessary and reply in writing not later than ten (10) working days after receipt of the written grievance. If the employee is still not satisfied with the decision, they 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, they 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 Human Resources/Risk Manager with a copy to the General Manager. The Human Resources/Risk Manager shall make whatever investigation they deem necessary to allow fair consideration of the situation and shall present a written reply to the employee within ten (10) 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 Human Resources/Risk Manager, they may file a written appeal to the General Manager within five (5) working days after having received the written reply of the Human Resources/Risk Manager. 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 Page 19 all parties. The General Manager may conduct whatever investigation and/or meeting(s) which they deem appropriate. Section 10.5 General Conditions 1. The Human Resources/Risk Manager shall receive and retain copies of all written materials pertaining to the grievance. 2. A unit employee may represent themselves or at their own expense, select whomever they desire to represent them in the grievance procedure. 3. If a unit employee fails to proceed with a grievance within any of the time limits specified in this 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 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, the Human Resources/Risk Manager or General Manager, may request a meeting to review the grievance prior to a decision. 7. When a grievant or designated representative attends a grievance meeting or hearing with management during the work day, they 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 Manager. 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, reduction in pay, demotion or dismissal for cause. Page 20 Section 11.2 Procedure 1. When a unit employee who has passed probation is to be subject to discipline, specific written charges shall be prepared and presented by the employee’s department manager for action by the Human Resources/Risk Manager. 2. The Human Resources/Risk Manager shall provide such 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 unit employee shall have the right to file with the Human Resources/Risk Manager a written response to the charges and/or request the right to make an oral response. The Human Resources/Risk Manager may act upon the initial written and/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 their own expense, the employee shall be entitled to be represented by counsel or other person of their choice during the course of the above proceedings. 3. The Human Resources/Risk Manager shall provide written notice of their final determination to such unit employee. The decision of the Human Resources/Risk Manager shall be immediately implemented. Section 11.3 Appeal of Disciplinary Action 1. When disciplinary action has been taken by the Human Resources/Risk Manager 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 their representative will make the action by the Human Resources/Risk Manager final and conclusive. 2. Subject to paragraph 11.3.1, such 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 Human Resources/Risk Manager may appeal to the Page 21 General Manager by filing a written answer to the charges and requesting a hearing thereon. 3. Representatives from the District and the Employees Association shall attempt to agree upon the person who shall serve as the advisory hearing officer. If the parties cannot agree on the hearing officer, he or she shall be selected from a panel of seven names to be supplied by the State Conciliation and Mediation Services. The parties will alternate striking names on the strike list until one hearing officer’s name remains. The Association will strike the first name. The District agrees to pay any fees associated with procuring the strike list. 4. The costs of the hearing officer shall be borne by the District. 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 their findings on the preponderance of evidence. The level of discipline imposed shall be subject to an abuse of discretion standard. 7. Each side will be permitted an opening statement and closing argument. On behalf of the District, the Human Resources/Risk Manager or their representative shall first present their witnesses and evidence to sustain the charges. The unit employee will then present their witnesses and evidence in defense. 8. Each side will be allowed to examine and cross-examine witnesses. 9. Both the Human Resources/Risk Manager and the unit employee may be represented by legal counsel. The unit employee may retain counsel or other representative, at their 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. 11. The hearing officer may, prior to or during a hearing, grant a continuance for any reason they believe to be important to their reaching a fair and proper decision. 12. The hearing officer shall prepare a recommended decision and forward it to the General Manager no later than thirty (30) calendar days after the matter of appeal Page 22 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 to sustain them. 13. Such unit employee or their representative may obtain a copy of the transcript of the hearing and agrees to pay for necessary costs to obtain the copy. 14. Within thirty (30) calendar days of receiving the recommendation of the hearing officer, and after consideration of the record only, the General Manager may sustain or reject any or all of the charges filed against the unit employee. If the General Manager modifies the discipline, the General Manager shall, consistent with their decision, order all or part of the employee’s full compensation from the time of dismissal or suspension to be paid. The General Manager shall issue a written decision which is final and binding. 15. Such unit employee who has been disciplined may be reinstated to their position as a result of a successful appeal. In the event of such reinstatement, the employee shall be entitled to their former status of employment. 16. Dismissal of a unit employee from the District service following the pre- disciplinary meeting at the Human Resources/Risk Manager level, shall: (a) Constitute a dismissal as of the same date from all positions the unit employee may hold in the District service. (b) Terminate the salary of the unit employee as of the effective date of their dismissal except that they shall be compensated for any unpaid salary, unused vacation, compensatory time off, and alternative time to their 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 who are required to wear work boots in the performance of their job, as determined by the Department Manager, Human Resources/Risk Manager, and/or Safety and Training Analyst, shall be eligible for District-purchased safety Page 23 footwear in an amount not to exceed $200.00 each fiscal year. Safety footwear must meet American National Standards Institute (ANSI) minimum compression and impact performance standards in ANSI Z41-1991 or provide equivalent protection. Employees may only use the safety boot allowance on one pair of shoes/boots and employees must purchase the shoes/boots from a District-approved vendor. Any unused funds shall be forfeited at the end of each fiscal year. Any employee who separates from District employment within thirty (30) calendar days of purchasing safety footwear or receiving reimbursement for safety footwear shall have that amount deducted from the employee’s final paycheck without the requirement of a judgment in that regard. This requirement shall be applicable regardless of the reason for the employee’s separation from the District. If the Department Manager determines that a unit employee’s safety footwear is no longer safe, the unit employee’s Department Manager may replace the used footwear with a new pair of safety footwear (up to $200). The unit employee will be required to submit the used safety footwear to the District in exchange for the replacement safety footwear. Section 13.2 Certificate Pay (a) Reimbursement of Certificates The District shall reimburse unit employees for sums paid to the appropriate state agencies after successfully obtaining or renewing of distribution, treatment or collections certificates. (b) Certificate Pay The District shall provide the below indicated certificate pay amounts where any unit member in one of the classifications listed in Table “A” has been issued a State Water Resources Control Board Distribution, Treatment, and/or Collection Certificate(s) that is above and beyond the certification required for the particular unit member’s job classification. As determined at the sole discretion of the General Manager, the certificate(s) must be relevant to the employee’s principal duties and must be other than a certificate(s) which is (are) a job requirement. The affected unit classifications and the description of certification that is required in order to hold each classification, is indicated in Table “A”: Page 24 TABLE “A” 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 ENGINEERING TECH I/II CONSTRUCTION INSPECTOR D1 WATER QUALITY TECH I D1 WATER QUALITY TECH II T1 D2 METER READER I METER READER II D1 METER SERVICES LEAD D1 In those instances where a Table “A” unit member has a Treatment, Distribution, and/or Collection Certificate that is in addition to the certification required for the individual unit member’s classification, the District agrees to pay the following certificate pay amounts on a biweekly basis. Employees will receive no more than two (2) certificate pays per pay period. TREATMENT CERTIFICATE DISTRIBUTION CERTIFICATE COLLECTIONS CERTIFICATE CERTIFICATE PAY PER PAY PERIOD T-1 D-1 C-1 $6.00/PP T-2 D-2 C-2 $7.00/PP T-3 D-3 C-3 $8.00/PP T-4 D-4 C-4 $9.00/PP T-5 D-5 N/A $10.00/PP Page 25 Subject to certificate pay being limited to a total of two (2) certificates, each affected unit member shall be eligible to receive, biweekly, the combined total of the certificate pay amount that relates to any of the above particular levels. For example, a unit member having been issued a T-3 certificate shall receive an $8.00 biweekly certificate pay. A unit member having been issued a T-3 and a D-4 shall receive a $17.00 biweekly certificate pay. A unit member having a T-5, D-5 and a C-4, shall receive a $20.00 biweekly certificate pay. Where three or more certificates have been issued, the two (2) certificates having the highest combined total shall be utilized to determine the total certificate pay. As indicated above, certificate pay will only be paid for an issued certificate which is above the certification required of the unit member holding a specific classification. Thus, a Plant Operator II having been issued a T-2 and a D-3 certificate shall receive no certificate pay. A Plant Operator II having been issued a T-2 certificate and a D-4 certificate shall receive a $9.00 biweekly certificate pay. (c) Certificate Pay for Mechanic Employee Classifications TABLE “B” CLASSIFICATION Mechanic I Mechanic II Mechanic III Senior Fleet Mechanic Individuals within the Mechanic classifications listed in Table “B” are eligible for the following certificate compensation upon being awarded specified certificates issued by the National Institute for Automotive Service Excellence (ASE). It has been agreed by the parties that the following available ASE certificates shall be deemed relevant to the employee’s principal duties. Those certificates as defined by the ASE are: Test Certificates • Alternate Fuels Certification Test (F1) • Advanced Engine Performance Specialist Certification Test (L1) • Electronic Diesel Engine Diagnosis Specialist Certification Test (L2) Page 26 • Undercar Specialist Exhaust Systems Test (X1) Series Certificates • Automobile & Light Truck Certification Tests (A Series) • Truck Equipment Certification Tests (E Series) • Medium-Heavy Truck Certification Tests (T Series) In relation to these three series, the employee must successfully complete all required tests in the series in order to receive the certificate pay. Unlike the classifications described in Table “A” above, the classifications described in Table “B” do not require any specified certification as a condition precedent to employment. Accordingly, where a Table “B” classified employee has been issued an ASE certificate deemed by the General Manager to be relevant to the employee’s principal duties, the employee shall receive an $8.00 biweekly certificate pay for each certificate, not to exceed two (2) certificates ($16.00 biweekly). The District agrees to pay the aforementioned certificate pay amounts on a biweekly basis. Payment by the District of any Table “A” or “B” certification exam fees, certificate fees, renewal fees or similar fees shall only be made following provision to the District of evidence that the employee has successfully qualified for and been awarded the pertinent certificate(s). The biweekly certificate pay(s) for Table “A” or “B” certificates shall be paid only while a certificate remains valid. Section 13.3 Education Reimbursement The District shall provide pre-approved reimbursement for the cost of tuition, fees, books and parking relating to educational courses directly related to an employee’s essential job duties for the employee’s present work classification. The courses must be completed with a passing grade at approved institutions. As education reimbursement, each fiscal year, employees may receive up to the equivalent of one year’s full-time tuition at California State University for an in-state resident. University and college-level course work must be undertaken at a Western Association of Schools and Colleges and Universities (WASC) accredited institution. To qualify for reimbursement, unit employees must successfully complete a pre- approved course with a passing grade (C or better). In the event of a “Credit/No Credit” Course, “Credit” will be considered a passing grade. Proof of payment and successful Page 27 completion of the course with a passing grade as indicated in the District’s Educational Reimbursement Policy must accompany the Educational Tuition Reimbursement form (Exhibit A of the District’s Educational Reimbursement Policy). The 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. In the event of a layoff or work hour reduction, reimbursement will cover courses that are already in progress, provided that the employee successfully completes them with a passing grade and fulfills the other provisions of the Educational Reimbursement Policy. Section 13.4 Commercial Driver’s License Pay Unit employees who have a valid California Class A Commercial Driver’s License in the performance of their job, shall be eligible for a $23.00 biweekly premium pay. Section 13.5 Uniforms The District provides a District-funded cleaning service for the uniform pants and shirts with the employee’s name and District logo. The field uniforms provided to employees may include District-issued shorts and t-shirts which may only be worn in accordance with District established safety guidelines. Section 13.6 Job Description The Association hereby agrees to the implementation of the job descriptions presented as of the date of ratification of this Agreement. Section 13.7 Extended Work Accommodation In any instance where at the direction of a supervisor, an affected employee works sixteen (16) or more hours during a 24 hour period of time, the employee shall be Page 28 provided with eight (8) 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. This section shall not apply to employees who are on standby duty. In any instance where use of the eight (8) 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 eight (8) 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 department manager shall have discretion to relieve the affected employee of the obligation to report to the District for the remainder of the scheduled hours of work. Where the department 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. MANAGEMENT RIGHTS The parties further understand that all rights not clearly and expressly limited by this MOU are expressly reserved to the District as evidenced by the EERR, even though not enumerated in this MOU. The express provisions of this MOU constitute the only limitations upon the District’s rights to determine, implement, supplement, change, modify, or discontinue in whole or in part any term or condition of employment or adopt any policy, rule, regulation or practice as the District deems fit or appropriate (herein described as “management rights”,) provided however, that the District shall meet and Page 29 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 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, 2015 through June 30, 2018 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. Page 30 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 ____________________ __________ ____________________ __________ Brian Vargas Date Marc Marcantonio Date President General Manager ____________________ __________ ____________________ __________ Jennifer Hill Date Gina Knight Date Vice President Human Resources/ Risk Manager ____________________ __________ ____________________ __________ Harold Hulbert Date Bryan Melton Date Secretary Human Resources Technician ____________________ __________ ____________________ __________ Ariel Bacani Date Connie Almond Date Director Employment Law Attorney Liebert, Cassidy, Whitmore Page 31 Exhibit A Yorba Linda Water District – Bargaining Unit Employees Association Classifications and Salary Ranges 7/1/2015 – 6/30/2018 CLASSIFICATION TITLE SALARY RANGES FLSA Accounting Assistant I BU 17 Non-Exempt Construction Inspector BU 24 Non-Exempt Customer Service Representative I BU 15 Non-Exempt Customer Service Representative II BU 17 Non-Exempt Customer Service Representative III BU 19 Non-Exempt Engineering Secretary BU 17 Non-Exempt Engineering Technician I BU 20 Non-Exempt Engineering Technician II BU 24 Non-Exempt Facilities Maintenance BU 21 Non-Exempt GIS Analyst BU 26 Non-Exempt GIS Technician BU 24 Non-Exempt Information Systems Technician BU 22 Non-Exempt Instrumentation Technician BU 25 Non-Exempt Maintenance Distribution Operator II BU 20 Non-Exempt Maintenance Distribution Operator III BU 23 Non-Exempt Maintenance Worker I BU 17 Non-Exempt Mechanic I BU 17 Non-Exempt Mechanic II BU 21 Non-Exempt Mechanic III BU 23 Non-Exempt Meter Reader I BU 16 Non-Exempt Meter Reader II BU 18 Non-Exempt Meter Services Lead BU 23 Non-Exempt Office Clerk BU 12 Non-Exempt Operations/Warehouse Assistant BU 19 Non-Exempt Plant Operator I BU 17 Non-Exempt Plant Operator II BU 23 Non-Exempt Sr. Fleet Mechanic BU 26 Non-Exempt Sr. Maintenance Distribution Operator BU 26 Non-Exempt Sr. Plant Operator BU 26 Non-Exempt Water Quality Technician I BU 20 Non-Exempt Water Quality Technician II BU 22 Non-Exempt Exhibit B YLWD Pay Plan - Bargaining Unit Employees Effective July 1, 2015 through June 30, 2016 *In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated at 2.5% between each step and 5.0% between each range. Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Hourly 15.60 15.99 16.39 16.80 17.22 17.65 18.09 18.54 19.01 Monthly 2,704.00 2,771.60 2,840.89 2,911.91 2,984.71 3,059.33 3,135.81 3,214.21 3,294.56 Yearly 32,448 33,259 34,091 34,943 35,817 36,712 37,630 38,570 39,535 Hourly 16.38 16.79 17.21 17.64 18.08 18.53 19.00 19.47 19.96 Monthly 2,839.20 2,910.18 2,982.93 3,057.51 3,133.95 3,212.29 3,292.60 3,374.92 3,459.29 Yearly 34,070 34,922 35,795 36,690 37,607 38,548 39,511 40,499 41,511 Hourly 17.20 17.63 18.07 18.52 18.98 19.46 19.95 20.44 20.96 Monthly 2,981.16 3,055.69 3,132.08 3,210.38 3,290.64 3,372.91 3,457.23 3,543.66 3,632.25 Yearly 35,774 36,668 37,585 38,525 39,488 40,475 41,487 42,524 43,587 Hourly 18.06 18.51 18.97 19.45 19.93 20.43 20.94 21.47 22.00 Monthly 3,130.22 3,208.47 3,288.69 3,370.90 3,455.17 3,541.55 3,630.09 3,720.85 3,813.87 Yearly 37,563 38,502 39,464 40,451 41,462 42,499 43,561 44,650 45,766 Hourly 18.96 19.44 19.92 20.42 20.93 21.45 21.99 22.54 23.10 Monthly 3,286.73 3,368.90 3,453.12 3,539.45 3,627.93 3,718.63 3,811.60 3,906.89 4,004.56 Yearly 39,441 40,427 41,437 42,473 43,535 44,624 45,739 46,883 48,055 Hourly 19.91 20.41 20.92 21.44 21.98 22.53 23.09 23.67 24.26 Monthly 3,451.07 3,537.34 3,625.78 3,716.42 3,809.33 3,904.56 4,002.18 4,102.23 4,204.79 Yearly 41,413 42,448 43,509 44,597 45,712 46,855 48,026 49,227 50,457 Hourly 20.91 21.43 21.96 22.51 23.08 23.65 24.24 24.85 25.47 Monthly 3,623.62 3,714.21 3,807.06 3,902.24 3,999.80 4,099.79 4,202.29 4,307.34 4,415.03 Yearly 43,483 44,571 45,685 46,827 47,998 49,198 50,427 51,688 52,980 Hourly 21.95 22.50 23.06 23.64 24.23 24.84 25.46 26.09 26.74 Monthly 3,804.80 3,899.92 3,997.42 4,097.35 4,199.79 4,304.78 4,412.40 4,522.71 4,635.78 Yearly 45,658 46,799 47,969 49,168 50,397 51,657 52,949 54,273 55,629 Hourly 23.05 23.62 24.22 24.82 25.44 26.08 26.73 27.40 28.08 Monthly 3,995.04 4,094.92 4,197.29 4,302.22 4,409.78 4,520.02 4,633.02 4,748.85 4,867.57 Yearly 47,940 49,139 50,367 51,627 52,917 54,240 55,596 56,986 58,411 BU 10 BU 11 BU 12 BU 13 BU 14 BU 15 BU 16 BU 17 BU 18 Exhibit B YLWD Pay Plan - Bargaining Unit Employees Effective July 1, 2015 through June 30, 2016 *In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated at 2.5% between each step and 5.0% between each range. Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Hourly 24.20 24.81 25.43 26.06 26.71 27.38 28.07 28.77 29.49 Monthly 4,194.79 4,299.66 4,407.15 4,517.33 4,630.26 4,746.02 4,864.67 4,986.29 5,110.95 Yearly 50,337 51,596 52,886 54,208 55,563 56,952 58,376 59,835 61,331 Hourly 25.41 26.05 26.70 27.36 28.05 28.75 29.47 30.21 30.96 Monthly 4,404.53 4,514.64 4,627.51 4,743.20 4,861.78 4,983.32 5,107.91 5,235.60 5,366.49 Yearly 52,854 54,176 55,530 56,918 58,341 59,800 61,295 62,827 64,398 Hourly 26.68 27.35 28.03 28.73 29.45 30.19 30.94 31.72 32.51 Monthly 4,624.76 4,740.38 4,858.89 4,980.36 5,104.87 5,232.49 5,363.30 5,497.38 5,634.82 Yearly 55,497 56,885 58,307 59,764 61,258 62,790 64,360 65,969 67,618 Hourly 28.02 28.72 29.43 30.17 30.92 31.70 32.49 33.30 34.13 Monthly 4,856.00 4,977.40 5,101.83 5,229.38 5,360.11 5,494.11 5,631.47 5,772.25 5,916.56 Yearly 58,272 59,729 61,222 62,753 64,321 65,929 67,578 69,267 70,999 Hourly 29.42 30.15 30.91 31.68 32.47 33.28 34.11 34.97 35.84 Monthly 5,098.80 5,226.27 5,356.92 5,490.84 5,628.12 5,768.82 5,913.04 6,060.87 6,212.39 Yearly 61,186 62,715 64,283 65,890 67,537 69,226 70,956 72,730 74,549 Hourly 30.89 31.66 32.45 33.26 34.09 34.95 35.82 36.71 37.63 Monthly 5,353.74 5,487.58 5,624.77 5,765.39 5,909.52 6,057.26 6,208.69 6,363.91 6,523.01 Yearly 64,245 65,851 67,497 69,185 70,914 72,687 74,504 76,367 78,276 Hourly 32.43 33.24 34.07 34.92 35.80 36.69 37.61 38.55 39.51 Monthly 5,621.42 5,761.96 5,906.01 6,053.66 6,205.00 6,360.12 6,519.13 6,682.10 6,849.16 Yearly 67,457 69,143 70,872 72,644 74,460 76,321 78,230 80,185 82,190 Hourly 34.05 34.90 35.78 36.67 37.59 38.53 39.49 40.48 41.49 Monthly 5,902.49 6,050.06 6,201.31 6,356.34 6,515.25 6,678.13 6,845.08 7,016.21 7,191.61 Yearly 70,830 72,601 74,416 76,276 78,183 80,138 82,141 84,195 86,299 BU 22 BU 23 BU 24 BU 25 BU 26 BU 21 BU 19 BU 20 Exhibit C YLWD Pay Plan - Bargaining Unit Employees Effective July 1, 2016 through June 30, 2017 *In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated at 2.5% between each step and 5.0% between each range. Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Hourly 15.91 16.31 16.72 17.13 17.56 18.00 18.45 18.91 19.38 19.87 20.37 Monthly 2,757.73 2,826.68 2,897.34 2,969.78 3,044.02 3,120.12 3,198.13 3,278.08 3,360.03 3,444.03 3,530.13 Yearly 33,093 33,920 34,768 35,637 36,528 37,441 38,378 39,337 40,320 41,328 42,362 Hourly 16.71 17.12 17.55 17.99 18.44 18.90 19.37 19.86 20.35 20.86 21.38 Monthly 2,895.62 2,968.01 3,042.21 3,118.27 3,196.22 3,276.13 3,358.03 3,441.98 3,528.03 3,616.23 3,706.64 Yearly 34,747 35,616 36,507 37,419 38,355 39,314 40,296 41,304 42,336 43,395 44,480 Hourly 17.54 17.98 18.43 18.89 19.36 19.85 20.34 20.85 21.37 21.91 22.45 Monthly 3,040.40 3,116.41 3,194.32 3,274.18 3,356.03 3,439.93 3,525.93 3,614.08 3,704.43 3,797.04 3,891.97 Yearly 36,485 37,397 38,332 39,290 40,272 41,279 42,311 43,369 44,453 45,565 46,704 Hourly 18.42 18.88 19.35 19.83 20.33 20.84 21.36 21.89 22.44 23.00 23.58 Monthly 3,192.42 3,272.23 3,354.04 3,437.89 3,523.84 3,611.93 3,702.23 3,794.79 3,889.66 3,986.90 4,086.57 Yearly 38,309 39,267 40,248 41,255 42,286 43,343 44,427 45,537 46,676 47,843 49,039 Hourly 19.34 19.82 20.32 20.83 21.35 21.88 22.43 22.99 23.56 24.15 24.76 Monthly 3,352.04 3,435.84 3,521.74 3,609.78 3,700.03 3,792.53 3,887.34 3,984.52 4,084.14 4,186.24 4,290.90 Yearly 40,225 41,230 42,261 43,317 44,400 45,510 46,648 47,814 49,010 50,235 51,491 Hourly 20.31 20.81 21.33 21.87 22.41 22.97 23.55 24.14 24.74 25.36 25.99 Monthly 3,519.64 3,607.64 3,697.83 3,790.27 3,885.03 3,982.15 4,081.71 4,183.75 4,288.34 4,395.55 4,505.44 Yearly 42,236 43,292 44,374 45,483 46,620 47,786 48,980 50,205 51,460 52,747 54,065 Hourly 21.32 21.85 22.40 22.96 23.53 24.12 24.73 25.34 25.98 26.63 27.29 Monthly 3,695.63 3,788.02 3,882.72 3,979.79 4,079.28 4,181.26 4,285.79 4,392.94 4,502.76 4,615.33 4,730.71 Yearly 44,348 45,456 46,593 47,757 48,951 50,175 51,430 52,715 54,033 55,384 56,769 Hourly 22.39 22.95 23.52 24.11 24.71 25.33 25.96 26.61 27.28 27.96 28.66 Monthly 3,880.41 3,977.42 4,076.85 4,178.77 4,283.24 4,390.33 4,500.08 4,612.59 4,727.90 4,846.10 4,967.25 Yearly 46,565 47,729 48,922 50,145 51,399 52,684 54,001 55,351 56,735 58,153 59,607 Hourly 23.51 24.09 24.70 25.31 25.95 26.60 27.26 27.94 28.64 29.36 30.09 Monthly 4,074.43 4,176.29 4,280.70 4,387.71 4,497.41 4,609.84 4,725.09 4,843.21 4,964.30 5,088.40 5,215.61 Yearly 48,893 50,115 51,368 52,653 53,969 55,318 56,701 58,119 59,572 61,061 62,587 BU 15 BU 16 BU 17 BU 18 BU 10 BU 11 BU 12 BU 13 BU 14 Exhibit C YLWD Pay Plan - Bargaining Unit Employees Effective July 1, 2016 through June 30, 2017 *In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated at 2.5% between each step and 5.0% between each range. Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Hourly 24.68 25.30 25.93 26.58 27.24 27.93 28.62 29.34 30.07 30.82 31.59 Monthly 4,278.15 4,385.10 4,494.73 4,607.10 4,722.28 4,840.33 4,961.34 5,085.38 5,212.51 5,342.82 5,476.39 Yearly 51,338 52,621 53,937 55,285 56,667 58,084 59,536 61,025 62,550 64,114 65,717 Hourly 25.92 26.56 27.23 27.91 28.61 29.32 30.05 30.81 31.58 32.37 33.17 Monthly 4,492.06 4,604.36 4,719.47 4,837.45 4,958.39 5,082.35 5,209.41 5,339.64 5,473.14 5,609.96 5,750.21 Yearly 53,905 55,252 56,634 58,049 59,501 60,988 62,513 64,076 65,678 67,320 69,003 Hourly 27.21 27.89 28.59 29.30 30.04 30.79 31.56 32.35 33.15 33.98 34.83 Monthly 4,716.66 4,834.58 4,955.44 5,079.33 5,206.31 5,336.47 5,469.88 5,606.63 5,746.79 5,890.46 6,037.72 Yearly 56,600 58,015 59,465 60,952 62,476 64,038 65,639 67,280 68,962 70,686 72,453 Hourly 28.57 29.29 30.02 30.77 31.54 32.33 33.13 33.96 34.81 35.68 36.57 Monthly 4,952.49 5,076.31 5,203.21 5,333.29 5,466.63 5,603.29 5,743.37 5,886.96 6,034.13 6,184.98 6,339.61 Yearly 59,430 60,916 62,439 64,000 65,600 67,239 68,920 70,643 72,410 74,220 76,075 Hourly 30.00 30.75 31.52 32.31 33.12 33.94 34.79 35.66 36.55 37.47 38.40 Monthly 5,200.12 5,330.12 5,463.37 5,599.96 5,739.96 5,883.46 6,030.54 6,181.31 6,335.84 6,494.23 6,656.59 Yearly 62,401 63,961 65,560 67,199 68,879 70,601 72,367 74,176 76,030 77,931 79,879 Hourly 31.50 32.29 33.10 33.92 34.77 35.64 36.53 37.44 38.38 39.34 40.32 Monthly 5,460.12 5,596.63 5,736.54 5,879.96 6,026.95 6,177.63 6,332.07 6,490.37 6,652.63 6,818.95 6,989.42 Yearly 65,521 67,160 68,839 70,559 72,323 74,132 75,985 77,884 79,832 81,827 83,873 Hourly 33.08 33.90 34.75 35.62 36.51 37.42 38.36 39.32 40.30 41.31 42.34 Monthly 5,733.13 5,876.46 6,023.37 6,173.95 6,328.30 6,486.51 6,648.67 6,814.89 6,985.26 7,159.89 7,338.89 Yearly 68,798 70,517 72,280 74,087 75,940 77,838 79,784 81,779 83,823 85,919 88,067 Hourly 34.73 35.60 36.49 37.40 38.33 39.29 40.28 41.28 42.31 43.37 44.46 Monthly 6,019.79 6,170.28 6,324.54 6,482.65 6,644.72 6,810.84 6,981.11 7,155.63 7,334.52 7,517.89 7,705.84 Yearly 72,237 74,043 75,894 77,792 79,737 81,730 83,773 85,868 88,014 90,215 92,470 BU 26 BU 19 BU 20 BU 21 BU 22 BU 23 BU 24 BU 25 Exhibit D YLWD Pay Plan - Bargaining Unit Employees Effective July 1, 2017 through June 30, 2018 *In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated at 2.5% between each step and 5.0% between each range. Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Hourly 16.23 16.64 17.05 17.48 17.91 18.36 18.82 19.29 19.77 20.27 20.78 Monthly 2,813.20 2,883.53 2,955.62 3,029.51 3,105.25 3,182.88 3,262.45 3,344.01 3,427.61 3,513.30 3,601.13 Yearly 33,758 34,602 35,467 36,354 37,263 38,195 39,149 40,128 41,131 42,160 43,214 Hourly 17.04 17.47 17.90 18.35 18.81 19.28 19.76 20.26 20.76 21.28 21.81 Monthly 2,953.86 3,027.71 3,103.40 3,180.98 3,260.51 3,342.02 3,425.57 3,511.21 3,598.99 3,688.97 3,781.19 Yearly 35,446 36,332 37,241 38,172 39,126 40,104 41,107 42,135 43,188 44,268 45,374 Hourly 17.89 18.34 18.80 19.27 19.75 20.24 20.75 21.27 21.80 22.35 22.91 Monthly 3,101.55 3,179.09 3,258.57 3,340.03 3,423.53 3,509.12 3,596.85 3,686.77 3,778.94 3,873.41 3,970.25 Yearly 37,219 38,149 39,103 40,080 41,082 42,109 43,162 44,241 45,347 46,481 47,643 Hourly 18.79 19.26 19.74 20.23 20.74 21.26 21.79 22.33 22.89 23.46 24.05 Monthly 3,256.63 3,338.05 3,421.50 3,507.04 3,594.71 3,684.58 3,776.69 3,871.11 3,967.89 4,067.09 4,168.76 Yearly 39,080 40,057 41,058 42,084 43,137 44,215 45,320 46,453 47,615 48,805 50,025 Hourly 19.73 20.22 20.73 21.24 21.78 22.32 22.88 23.45 24.04 24.64 25.25 Monthly 3,419.46 3,504.95 3,592.57 3,682.39 3,774.45 3,868.81 3,965.53 4,064.67 4,166.28 4,270.44 4,377.20 Yearly 41,034 42,059 43,111 44,189 45,293 46,426 47,586 48,776 49,995 51,245 52,526 Hourly 20.71 21.23 21.76 22.31 22.86 23.44 24.02 24.62 25.24 25.87 26.52 Monthly 3,590.44 3,680.20 3,772.20 3,866.51 3,963.17 4,062.25 4,163.80 4,267.90 4,374.60 4,483.96 4,596.06 Yearly 43,085 44,162 45,266 46,398 47,558 48,747 49,966 51,215 52,495 53,808 55,153 Hourly 21.75 22.29 22.85 23.42 24.01 24.61 25.22 25.85 26.50 27.16 27.84 Monthly 3,769.96 3,864.21 3,960.81 4,059.83 4,161.33 4,265.36 4,371.99 4,481.29 4,593.33 4,708.16 4,825.86 Yearly 45,239 46,370 47,530 48,718 49,936 51,184 52,464 53,776 55,120 56,498 57,910 Hourly 22.84 23.41 23.99 24.59 25.21 25.84 26.48 27.15 27.82 28.52 29.23 Monthly 3,958.45 4,057.42 4,158.85 4,262.82 4,369.39 4,478.63 4,590.59 4,705.36 4,822.99 4,943.57 5,067.16 Yearly 47,501 48,689 49,906 51,154 52,433 53,744 55,087 56,464 57,876 59,323 60,806 Hourly 23.98 24.58 25.19 25.82 26.47 27.13 27.81 28.50 29.22 29.95 30.70 Monthly 4,156.38 4,260.29 4,366.79 4,475.96 4,587.86 4,702.56 4,820.12 4,940.63 5,064.14 5,190.75 5,320.51 Yearly 49,877 51,123 52,402 53,712 55,054 56,431 57,841 59,288 60,770 62,289 63,846 BU 10 BU 11 BU 12 BU 13 BU 14 BU 15 BU 16 BU 17 BU 18 Exhibit D YLWD Pay Plan - Bargaining Unit Employees Effective July 1, 2017 through June 30, 2018 *In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated at 2.5% between each step and 5.0% between each range. Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Hourly 25.18 25.81 26.45 27.11 27.79 28.49 29.20 29.93 30.68 31.44 32.23 Monthly 4,364.20 4,473.30 4,585.13 4,699.76 4,817.26 4,937.69 5,061.13 5,187.66 5,317.35 5,450.28 5,586.54 Yearly 52,370 53,680 55,022 56,397 57,807 59,252 60,734 62,252 63,808 65,403 67,038 Hourly 26.44 27.10 27.78 28.47 29.18 29.91 30.66 31.43 32.21 33.02 33.84 Monthly 4,582.41 4,696.97 4,814.39 4,934.75 5,058.12 5,184.57 5,314.19 5,447.04 5,583.22 5,722.80 5,865.87 Yearly 54,989 56,364 57,773 59,217 60,697 62,215 63,770 65,364 66,999 68,674 70,390 Hourly 27.76 28.45 29.16 29.89 30.64 31.41 32.19 33.00 33.82 34.67 35.53 Monthly 4,811.53 4,931.81 5,055.11 5,181.49 5,311.03 5,443.80 5,579.90 5,719.39 5,862.38 6,008.94 6,159.16 Yearly 57,738 59,182 60,661 62,178 63,732 65,326 66,959 68,633 70,349 72,107 73,910 Hourly 29.15 29.88 30.62 31.39 32.17 32.98 33.80 34.65 35.51 36.40 37.31 Monthly 5,052.10 5,178.41 5,307.87 5,440.56 5,576.58 5,715.99 5,858.89 6,005.36 6,155.50 6,309.38 6,467.12 Yearly 60,625 62,141 63,694 65,287 66,919 68,592 70,307 72,064 73,866 75,713 77,605 Hourly 30.60 31.37 32.15 32.96 33.78 34.63 35.49 36.38 37.29 38.22 39.18 Monthly 5,304.71 5,437.33 5,573.26 5,712.59 5,855.41 6,001.79 6,151.84 6,305.63 6,463.27 6,624.85 6,790.47 Yearly 63,656 65,248 66,879 68,551 70,265 72,021 73,822 75,668 77,559 79,498 81,486 Hourly 32.13 32.94 33.76 34.61 35.47 36.36 37.27 38.20 39.15 40.13 41.13 Monthly 5,569.94 5,709.19 5,851.92 5,998.22 6,148.18 6,301.88 6,459.43 6,620.91 6,786.44 6,956.10 7,130.00 Yearly 66,839 68,510 70,223 71,979 73,778 75,623 77,513 79,451 81,437 83,473 85,560 Hourly 33.74 34.58 35.45 36.34 37.24 38.17 39.13 40.11 41.11 42.14 43.19 Monthly 5,848.44 5,994.65 6,144.52 6,298.13 6,455.58 6,616.97 6,782.40 6,951.96 7,125.76 7,303.90 7,486.50 Yearly 70,181 71,936 73,734 75,578 77,467 79,404 81,389 83,423 85,509 87,647 89,838 Hourly 35.43 36.31 37.22 38.15 39.11 40.08 41.09 42.11 43.17 44.24 45.35 Monthly 6,140.86 6,294.38 6,451.74 6,613.04 6,778.36 6,947.82 7,121.52 7,299.56 7,482.05 7,669.10 7,860.82 Yearly 73,690 75,533 77,421 79,356 81,340 83,374 85,458 87,595 89,785 92,029 94,330 BU 22 BU 23 BU 24 BU 25 BU 26 BU 21 BU 19 BU 20 Exhibit E Yorba Linda Water District – Bargaining Unit Employees Holiday Schedule 7/1/2015 – 6/30/2018 Holiday FY 15/16 FY 16/17 FY 17/18 Employee Chosen Floater Accrued On 7/1/2015 7/1/2016 7/1/2017 Independence Day 7/4/2015 7/4/2016 7/4/2017 Labor Day 9/7/2015 9/5/2016 9/4/2017 Veterans’ Day 11/11/2015 11/11/2016 11/11/2017 Thanksgiving 11/26/2015 11/24/2016 11/23/2017 Day After Thanksgiving 11/27/2015 11/25/2016 11/24/2017 Christmas Eve 12/24/2015 12/24/2016 12/24/2017 Christmas Day 12/25/2015 12/25/2016 12/25/2017 New Year’s Day 1/1/2016 1/1/2017 1/1/2018 Presidents’ Day 2/15/2016 2/20/2017 2/19/2018 Memorial Day 5/23/2016 5/22/2017 5/28/2018 ITEM NO. 9.5 AGENDA REPORT Meeting Date: May 11, 2015 Budgeted:Yes To:Board of Directors From:Marc Marcantonio, 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 Subject:Employee Compensation Letter and Pay Plans for Supervisory and Confidential Employees SUMMARY: The District's Supervisory and Confidential Employees are unrepresented and do not bargain with the District over compensation and benefits. In the past, this group has followed suit with any provisions the District bargained and agreed upon with the Yorba Linda Water District's Employees' Association. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 15-07 Adopting the Employee Compensation Letter and Pay Plans for Supervisory and Confidential Employees for Fiscal Years 2015-2018. DISCUSSION: In the past, the District's Supervisory and Confidential Employees followed suit with the provisions that were negotiated between the District and the District's represented employees. Staff has prepared a Compensation Letter for the Supervisory and Confidential Employees Group for consideration of the Board of Directors. The highlights of the Compensation Letter for the Supervisory and Confidential Employees Group reflects the following: 1. Three-year period (July 1, 2015 through June 30, 2018); 2. 6.5% Cost of Living Adjustment over the three-year period; 3. Effective July 1, 2016, implementation of an eleven (11) step salary schedule with a 2.5% salary difference between steps replacing the District's nine (9) step salary schedule. Resolution No. 15-07 is attached to this report for the Board of Directors' consideration. ATTACHMENTS: Name:Description:Type: Resolution_No._15-07_- _Supervisory_and_Confidential_Employees_Compensation_Letter_and_Pay_Plans_For_FY_2015- 2018.pdf Resolution No. 15-07 Backup Material SC_Compensation_Package_2015-2018.pdf SC Compensation Package 2015- 2018 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/11/2015 MB/RK 4-0-0-1 Roll Call PH was absent. RESOLUTION NO. 15-07 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE EMPLOYEE COMPENSATION LETTER AND PAY PLANS FOR SUPERVISORY AND CONFIDENTIAL EMPLOYEES FOR FISCAL YEARS 2015-2018 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 April 12, 2012; and WHEREAS, the Employee Compensation Letter and Pay Plans for the Supervisory and Confidential Employees for fiscal years 2012-2015 shall expire on June 30, 2015. 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 Employees Compensation Letter for fiscal years 2015-2018 as attached hereto and by this reference incorporated as Exhibit “A”. Section 2. The Salary Ranges and Authorized Classifications, Pay Plans 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 “F”. Section 3. That all previous versions of the Employee Compensation Letter and Pay Plans for Supervisory and Confidential Employees for fiscal years 2012- 2015 are hereby rescinded effective July 1, 2015. PASSED AND ADOPTED this 11th day of May 2015, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Ric Collett, President Yorba Linda Water District Resolution No. 15-07 Supervisory and Confidential Employees Compensation Letter and Pay Plans 1 ATTEST: Marc Marcantonio, Board Secretary Yorba Linda Water District Reviewed as to form by Labor Counsel: Connie Almond, Esq. Liebert Cassidy Whitmore LLP Resolution No. 15-07 Supervisory and Confidential Employees Compensation Letter and Pay Plans 2 Exhibit A Resolution No. 15-07 Employee Compensation Letter And Pay Plans for Supervisory and Confidential Employees Fiscal Years 2015-2018 I. The General Manager shall prepare an Employee Compensation Letter for the Board of Directors’ consideration. 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. Effective July 1, 2015, the salary schedule attached hereto as Exhibit C shall be in effect for fiscal year 2015-2016 (reflecting a 2.5% base salary increase). III. Effective July 1, 2016, the salary schedule attached hereto as Exhibit D shall be in effect for fiscal year 2016-2017 (reflecting a 2% base salary increase). IV. Effective July 1, 2017, the salary schedule attached hereto as Exhibit E shall be in effect for fiscal year 2017-2018 (reflecting a 2% base salary increase). V. 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. The District has three tiers for retirement benefits: a. Tier 1 applies to District employees hired prior to January 26, 2012; b. Tier 2 applies to District employees hired between January 26, 2012 and December 31, 2012 and any District employees hired on or after January 1, 2013 who are defined as “classic members” under the Public Employees’ Retirement Law (PERL); and c. Tier 3 applies to District employees hired on or after January 1, 2013 who are defined as “new members” under the PERL. 1. Tier 1 and Tier 2 employees Tier 1 employees are enrolled in the 2% at 55 retirement formula. Tier 2 employees are enrolled in the 2% at 60 retirement formula. Tier 1 and Tier 2 employees pay the full employee contribution rate which is 7% of pensionable compensation. 2. Tier 3 employees Supervisory and Confidential Employees hired on or after January 1, 2013 who are “new members” as defined in the Public Employees’ Pension Reform Act of 2013 (PEPRA) are provided the following retirement benefits: 2.5% at 67 benefit formula with a three year (36 month) final compensation period. Employees may designate the highest 36 month period. Tier 3 employees shall individually pay an initial CalPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said newly hired employee is enrolled rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. VI. 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. VII. All Supervisory and Confidential Employees hired or promoted to a Supervisory and Confidential position on or after January 24, 2013 are at-will employees of the District and serve at the will of the General Manager and may be dismissed without cause or right of appeal. All employees serving in a Supervisory and Confidential Employee position prior to January 24, 2013 are not at-will employees of the District and maintain the appeal rights as set forth in the District’s Personnel Rules. VIII. Effective July 1, 2016, the District will implement an eleven (11) step salary schedule with a 2.5% salary difference between steps replacing the District’s previous nine (9) step salary schedule. Subsequent movement on the salary schedule is based on merit as follows: Evaluation process Each employee shall be reviewed annually on a one-year interval. Effective July 1, 2016, the District will implement a new five-rating performance evaluation with the following ratings: Unsatisfactory, Needs Improvement, Meets Expectations, Exceeds Expectations, and Outstanding. An employee who receives an overall rating Exceeds Expectations and with no Unsatisfactory and no more than two (2) Needs Improvement ratings on their evaluation shall be entitled to move one (1) step. An employee who receives an overall rating of Outstanding with no Unsatisfactory and no Needs Improvement ratings on their evaluation shall move two (2) steps. Movement shall take place until an employee has reached step 11. The District shall endeavor to have performance reviews completed by the Supervisory and Confidential Employees Compensation Letter FYs 2015-2018 employee’s anniversary date with the effective date of the merit salary increase being on the anniversary date. If the evaluation is delayed, 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. IX. Supervisory and Confidential Employees shall accrue vacation leave time with pay as follows: Duration of Continuous Regular Employment Hours Accrued per Pay Period During 1st through 60th month (0-5 yrs) 3.077 hrs = 2.0 wks/yr During 61st through 120th month (5-10 yrs) 4.615 hrs = 3.0 wks/yr During 121st through 180th month (10-15 yrs) 5.384 hrs = 3.5 wks/yr During 181st through 240th month (15-20 yrs) 6.153 hrs = 4.0 wks/yr During 241st month and thereafter (20+ yrs) 6.922 hrs = 4.5 wks/yr X. 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 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 purchase additional life insurance coverage up to $300,000 by authorizing the additional premium to be deducted from their salary. In addition, a Supervisory and Confidential Employee can purchase life insurance for their spouse up to half of the employee’s coverage level. Some medical restrictions may apply. XI. 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, effective the first of the month following date of hire and ⅔ of the additional premium toward Supervisory and Confidential Employee dependent coverage for covered employees with one or more dependents 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 the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. XII. The District shall pay 100% of the premium for dental insurance for all Supervisory and Confidential Employees who work in excess of 30 hours or more per week, effective the first of the month following date of hire and ⅔ of the additional premium toward Supervisory and Confidential Employee dependent coverage for covered Supervisory and Confidential Employees with one or more dependents 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 Employees Compensation Letter FYs 2015-2018 Supervisory and Confidential Employee shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. XIII. The District shall pay 100% of the premium for vision insurance for Supervisory and Confidential Employees who work in excess of 30 hours or more per week, effective the first of the month following date of hire and ⅔ of the additional premium toward dependent coverage for covered Supervisory and Confidential Employees with one or more dependents 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 their salary to cover the employee’s ⅓ share of the dependent coverage. XIV. For Supervisory and Confidential Employees who are employed by the District prior to December 8, 2011, and subject to carrier approval, the District shall pay the amounts provided in paragraphs XI, XII and XIII of this agreement 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) complete consecutive years of service with the District, must provide ninety (90) days’ notice of intent to retire, retire from the District in good standing and remain in a retired status. The retired Supervisory and Confidential Employee must make any contribution required of a regular Supervisory and Confidential Employee pursuant to paragraphs XI, XII and XIII 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. When the Supervisory and Confidential retiree or their spouse reaches age 65 and is eligible for Medicare, the coverage provided by the District shall become secondary to Medicare for the remainder of the benefit period. Supervisory and Confidential Employees hired on or after December 8, 2011 shall be ineligible to receive this benefit. XV. 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 ⅜ of their accumulated days of sick leave, if any, at the time of separation from active employment. The remaining ⅝ of their accumulated days of sick leave will be converted into CalPERS service credit. Supervisory and Confidential Employees Compensation Letter FYs 2015-2018 XVI. Supervisory and Confidential Employees who are laid off from District employment after being employed by the District for five (5) or more complete consecutive years of regular employment, shall be compensated for accumulated, unused sick leave above 400 hours as follows: YEARS PERCENT PAYABLE ABOVE 400 HOURS ON THE BOOKS 5 through 9 20% 10 through 15 25% 16 through 20 and above 30% Employees who are terminated from the District for cause, or who resign in lieu of termination, shall not be eligible for this benefit. XVII. The District shall provide a long-term disability plan for Supervisory and Confidential Employees which has a 90-day elimination period and provides 66 ⅔% of an employee’s monthly pre-disability earnings to a maximum of $7,000 per month 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. XVIII. The District shall provide a short-term disability plan for Supervisory and Confidential Employees which has a twenty-nine (29) day elimination period up to an employee’s eligibility for long-term disability and provides 66 ⅔% of an employee’s weekly pre-disability earnings to a maximum of $1,500 per week for a designated period of nine (9) weeks in accordance with coverage procured by the District from a carrier to be determined at the District’s sole discretion. XIX. The District will match dollar for dollar not to exceed 2% salary earned per payroll period of a Supervisory and Confidential Employee’s salary or the employee’s actual amount of deferred compensation per payroll period, whichever amount is lesser. XX. Supervisory and Confidential Employees shall continue to 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). The Board of Directors clearly and unequivocally has the right to terminate the 4/10 schedule at any time during the term of this Employee Compensation Letter. In such case, the schedule shall revert to the 9/80 schedule as existed immediately prior to implementation of the 4/10 schedule. XXI. In situations where a Supervisory and Confidential Employee has been injured in a non-duty accident and their disability leave exceeds thirty (30) calendar days, their merit review and anniversary dates will be adjusted accordingly for that portion of leave exceeding thirty (30) calendar days. Supervisory and Confidential Employees Compensation Letter FYs 2015-2018 XXII. The District established a cafeteria plan under Section 125 of the Internal Revenue Code. Employees can voluntarily participate in both tax advantage flexible benefit and dependent care plans. Employees can elect to deduct up to an annual maximum of $2,000 towards the flexible benefit plan and/or an annual maximum of $5,000 towards the dependent care plan from their paychecks over twenty-four (24) pay periods per calendar year. The cafeteria plan will allow Supervisory and Confidential Employees to convert their share of insurance premiums, un-reimbursed medical expenses, child care and other qualifying expenditures to pretax dollars. XXIII. 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. XXIV. 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 each fiscal year. Safety footwear must meet American National Standards Institute (ANSI) minimum compression and impact performance standards in ANSI Z41- 1991 or provide equivalent protection. At the end of the current fiscal year, any unused funds shall not carry over into the next fiscal year. XXV. The District shall provide pre-approved educational reimbursement to Supervisory and Confidential Employees for costs of tuition, fees, books and parking relating to educational courses directly related to an employee’s essential job duties for the employee’s present work classification as approved in advance by the General Manager and the Human Resources/Risk Manager. As education reimbursement each fiscal year, employees may receive up to the equivalent of one year’s full-time tuition at California State University for an in-state student. University and college-level course work must be undertaken at a Western Association of Schools and Colleges and Universities (WASC) accredited institution. To qualify for reimbursement, Supervisory and Confidential Employees must successfully complete a pre-approved course with a passing grade (C or better). In the event of a “Credit/No Credit” course, “Credit” will be considered a passing grade. Proof of payment and successful completion of the course with a passing grade as indicated in the District’s Educational Reimbursement Policy must accompany the Educational Tuition Reimbursement form (Exhibit A of the District’s Educational Reimbursement Policy). Supervisory and Confidential Employees Compensation Letter FYs 2015-2018 Supervisory and Confidential Employees 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 final 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. In the event of a layoff or work hour reduction, reimbursement will cover courses that are already in progress, provided that the employee successfully completes them with a passing grade and fulfills the other provisions of the Educational Reimbursement Policy. XXVI. 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 a minimum of one-half (½) the vacation time to which the employee is entitled within the same annual period of the sold vacation time remains in the employee’s vacation account after the cash distribution. Sell-back of vacation time will only be paid on the second payday in November of each year. XXVII. The Holiday schedule attached hereto as Exhibit F 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 and 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 above situation shall be used within the fiscal year in which it is accrued or the following fiscal year. Any unused floating holiday time will be cashed out at the employee’s base hourly rate at the end of the fiscal year following the fiscal year during which the time was accrued. For example, any unused floating holiday time accrued during fiscal year 2015-16 would be paid out at the end of fiscal year 2016-17. Supervisory and Confidential Employees Compensation Letter FYs 2015-2018 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. XXVIII. The District shall reimburse Supervisory and Confidential Employees for sums paid to the appropriate state agencies for obtaining or renewing of treatment 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 Water Resources Control Board (SWRCB) 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 that is a job requirement. The $150.00 payment shall apply for any Distribution and/or Treatment Certificates issued by the SWRCB that are required above and beyond the required certification for a specific classification within the District 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 Water Production Superintendent T2 D5 SCADA Administrator T2 D3 Sr. Construction Inspector D2 Water Maintenance Superintendent D5 XXIX. The term of this Compensation Letter for Supervisory and Confidential Employees is for the period of July 1, 2015 to June 30, 2018. ___________________________ ______________________ Marc Marcantonio Date General Manager Supervisory and Confidential Employees Compensation Letter FYs 2015-2018 Exhibit B Yorba Linda Water District – Supervisory and Confidential Employees Classifications and Salary Ranges 7/1/2015 – 6/30/2018 CLASSIFICATION TITLE SALARY RANGES FLSA Accounting Assistant II SC 21 Non-Exempt Associate Engineer SC 27 Exempt Construction Project Supervisor SC 28 Exempt Customer Service Supervisor SC 27 Exempt Executive Secretary SC 32 Non-Exempt Human Resources Analyst SC 25 Exempt Human Resources Technician SC 23 Non-Exempt Information Systems Administrator SC 30 Exempt Management Analyst SC 28 Exempt Programmer Analyst SC 28 Exempt Records Management Specialist SC 19 Non-Exempt Safety and Training Analyst SC 27 Exempt Safety and Training Technician SC 23 Non-Exempt SCADA Administrator SC 30 Exempt Sr. Accountant SC 30 Exempt Sr. Construction Inspector SC 26 Non-Exempt Sr. Project Manager SC 34 Exempt Water Maintenance Superintendent SC 30 Exempt Water Production Superintendent SC 31 Exempt Water Quality Engineer SC 31 Exempt Exhibit C YLWD Pay Plan - Supervisory and Confidential Employees Effective July 1, 2015 through June 30, 2016 *In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated at 2.5% between each step and 5.0% between each range. Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Hourly 24.20 24.81 25.43 26.06 26.71 27.38 28.07 28.77 29.49 Monthly 4,194.79 4,299.66 4,407.15 4,517.33 4,630.26 4,746.02 4,864.67 4,986.29 5,110.95 Yearly 50,337 51,596 52,886 54,208 55,563 56,952 58,376 59,835 61,331 Hourly 25.41 26.05 26.70 27.36 28.05 28.75 29.47 30.21 30.96 Monthly 4,404.53 4,514.64 4,627.51 4,743.20 4,861.78 4,983.32 5,107.91 5,235.60 5,366.49 Yearly 52,854 54,176 55,530 56,918 58,341 59,800 61,295 62,827 64,398 Hourly 26.68 27.35 28.03 28.73 29.45 30.19 30.94 31.72 32.51 Monthly 4,624.76 4,740.38 4,858.89 4,980.36 5,104.87 5,232.49 5,363.30 5,497.38 5,634.82 Yearly 55,497 56,885 58,307 59,764 61,258 62,790 64,360 65,969 67,618 Hourly 28.02 28.72 29.43 30.17 30.92 31.70 32.49 33.30 34.13 Monthly 4,856.00 4,977.40 5,101.83 5,229.38 5,360.11 5,494.11 5,631.47 5,772.25 5,916.56 Yearly 58,272 59,729 61,222 62,753 64,321 65,929 67,578 69,267 70,999 Hourly 29.42 30.15 30.91 31.68 32.47 33.28 34.11 34.97 35.84 Monthly 5,098.80 5,226.27 5,356.92 5,490.84 5,628.12 5,768.82 5,913.04 6,060.87 6,212.39 Yearly 61,186 62,715 64,283 65,890 67,537 69,226 70,956 72,730 74,549 Hourly 30.89 31.66 32.45 33.26 34.09 34.95 35.82 36.71 37.63 Monthly 5,353.74 5,487.58 5,624.77 5,765.39 5,909.52 6,057.26 6,208.69 6,363.91 6,523.01 Yearly 64,245 65,851 67,497 69,185 70,914 72,687 74,504 76,367 78,276 Hourly 32.43 33.24 34.07 34.92 35.80 36.69 37.61 38.55 39.51 Monthly 5,621.42 5,761.96 5,906.01 6,053.66 6,205.00 6,360.12 6,519.13 6,682.10 6,849.16 Yearly 67,457 69,143 70,872 72,644 74,460 76,321 78,230 80,185 82,190 Hourly 34.05 34.90 35.78 36.67 37.59 38.53 39.49 40.48 41.49 Monthly 5,902.49 6,050.06 6,201.31 6,356.34 6,515.25 6,678.13 6,845.08 7,016.21 7,191.61 Yearly 70,830 72,601 74,416 76,276 78,183 80,138 82,141 84,195 86,299 Hourly 35.76 36.65 37.57 38.50 39.47 40.45 41.47 42.50 43.56 Monthly 6,197.62 6,352.56 6,511.37 6,674.16 6,841.01 7,012.04 7,187.34 7,367.02 7,551.20 Yearly 74,371 76,231 78,136 80,090 82,092 84,144 86,248 88,404 90,614 SC 25 SC 26 SC 27 SC 24 SC 19 SC 20 SC 21 SC 22 SC 23 Exhibit C YLWD Pay Plan - Supervisory and Confidential Employees Effective July 1, 2015 through June 30, 2016 *In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated at 2.5% between each step and 5.0% between each range. Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Hourly 37.54 38.48 39.44 40.43 41.44 42.48 43.54 44.63 45.74 Monthly 6,507.50 6,670.19 6,836.94 7,007.86 7,183.06 7,362.64 7,546.70 7,735.37 7,928.75 Yearly 78,090 80,042 82,043 84,094 86,197 88,352 90,560 92,824 95,145 Hourly 39.42 40.41 41.42 42.45 43.51 44.60 45.72 46.86 48.03 Monthly 6,832.87 7,003.70 7,178.79 7,358.26 7,542.21 7,730.77 7,924.04 8,122.14 8,325.19 Yearly 81,994 84,044 86,145 88,299 90,507 92,769 95,088 97,466 99,902 Hourly 41.39 42.43 43.49 44.57 45.69 46.83 48.00 49.20 50.43 Monthly 7,174.52 7,353.88 7,537.73 7,726.17 7,919.32 8,117.31 8,320.24 8,528.25 8,741.45 Yearly 86,094 88,247 90,453 92,714 95,032 97,408 99,843 102,339 104,897 Hourly 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 Monthly 7,533.24 7,721.57 7,914.61 8,112.48 8,315.29 8,523.17 8,736.25 8,954.66 9,178.52 Yearly 90,399 92,659 94,975 97,350 99,783 102,278 104,835 107,456 110,142 Hourly 45.63 46.77 47.94 49.14 50.37 51.63 52.92 54.24 55.60 Monthly 7,909.90 8,107.65 8,310.34 8,518.10 8,731.06 8,949.33 9,173.06 9,402.39 9,637.45 Yearly 94,919 97,292 99,724 102,217 104,773 107,392 110,077 112,829 115,649 Hourly 47.92 49.11 50.34 51.60 52.89 54.21 55.57 56.96 58.38 Monthly 8,305.40 8,513.04 8,725.86 8,944.01 9,167.61 9,396.80 9,631.72 9,872.51 10,119.32 Yearly 99,665 102,156 104,710 107,328 110,011 112,762 115,581 118,470 121,432 Hourly 50.31 51.57 52.86 54.18 55.53 56.92 58.35 59.80 61.30 Monthly 8,720.67 8,938.69 9,162.15 9,391.21 9,625.99 9,866.64 10,113.30 10,366.14 10,625.29 Yearly 104,648 107,264 109,946 112,694 115,512 118,400 121,360 124,394 127,503 SC 31 SC 32 SC 33 SC 34 SC 28 SC 29 SC 30 Exhibit D YLWD Pay Plan - Supervisory and Confidential Employees Effective July 1, 2016 through June 30, 2017 *In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated at 2.5% between each step and 5.0% between each range. Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Hourly 24.68 25.30 25.93 26.58 27.24 27.93 28.62 29.34 30.07 30.82 31.59 Monthly 4,278.15 4,385.10 4,494.73 4,607.10 4,722.28 4,840.33 4,961.34 5,085.38 5,212.51 5,342.82 5,476.39 Yearly 51,338 52,621 53,937 55,285 56,667 58,084 59,536 61,025 62,550 64,114 65,717 Hourly 25.92 26.56 27.23 27.91 28.61 29.32 30.05 30.81 31.58 32.37 33.17 Monthly 4,492.06 4,604.36 4,719.47 4,837.45 4,958.39 5,082.35 5,209.41 5,339.64 5,473.14 5,609.96 5,750.21 Yearly 53,905 55,252 56,634 58,049 59,501 60,988 62,513 64,076 65,678 67,320 69,003 Hourly 27.21 27.89 28.59 29.30 30.04 30.79 31.56 32.35 33.15 33.98 34.83 Monthly 4,716.66 4,834.58 4,955.44 5,079.33 5,206.31 5,336.47 5,469.88 5,606.63 5,746.79 5,890.46 6,037.72 Yearly 56,600 58,015 59,465 60,952 62,476 64,038 65,639 67,280 68,962 70,686 72,453 Hourly 28.57 29.29 30.02 30.77 31.54 32.33 33.13 33.96 34.81 35.68 36.57 Monthly 4,952.49 5,076.31 5,203.21 5,333.29 5,466.63 5,603.29 5,743.37 5,886.96 6,034.13 6,184.98 6,339.61 Yearly 59,430 60,916 62,439 64,000 65,600 67,239 68,920 70,643 72,410 74,220 76,075 Hourly 30.00 30.75 31.52 32.31 33.12 33.94 34.79 35.66 36.55 37.47 38.40 Monthly 5,200.12 5,330.12 5,463.37 5,599.96 5,739.96 5,883.46 6,030.54 6,181.31 6,335.84 6,494.23 6,656.59 Yearly 62,401 63,961 65,560 67,199 68,879 70,601 72,367 74,176 76,030 77,931 79,879 Hourly 31.50 32.29 33.10 33.92 34.77 35.64 36.53 37.44 38.38 39.34 40.32 Monthly 5,460.12 5,596.63 5,736.54 5,879.96 6,026.95 6,177.63 6,332.07 6,490.37 6,652.63 6,818.95 6,989.42 Yearly 65,521 67,160 68,839 70,559 72,323 74,132 75,985 77,884 79,832 81,827 83,873 Hourly 33.08 33.90 34.75 35.62 36.51 37.42 38.36 39.32 40.30 41.31 42.34 Monthly 5,733.13 5,876.46 6,023.37 6,173.95 6,328.30 6,486.51 6,648.67 6,814.89 6,985.26 7,159.89 7,338.89 Yearly 68,798 70,517 72,280 74,087 75,940 77,838 79,784 81,779 83,823 85,919 88,067 Hourly 34.73 35.60 36.49 37.40 38.33 39.29 40.28 41.28 42.31 43.37 44.46 Monthly 6,019.79 6,170.28 6,324.54 6,482.65 6,644.72 6,810.84 6,981.11 7,155.63 7,334.52 7,517.89 7,705.84 Yearly 72,237 74,043 75,894 77,792 79,737 81,730 83,773 85,868 88,014 90,215 92,470 Hourly 36.47 37.38 38.31 39.27 40.25 41.26 42.29 43.35 44.43 45.54 46.68 Monthly 6,320.78 6,478.79 6,640.76 6,806.78 6,976.95 7,151.38 7,330.16 7,513.42 7,701.25 7,893.78 8,091.13 Yearly 75,849 77,746 79,689 81,681 83,723 85,817 87,962 90,161 92,415 94,725 97,094 SC 25 SC 26 SC 27 SC 24 SC 19 SC 20 SC 21 SC 22 SC 23 Exhibit D YLWD Pay Plan - Supervisory and Confidential Employees Effective July 1, 2016 through June 30, 2017 *In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated at 2.5% between each step and 5.0% between each range. Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Hourly 38.29 39.25 40.23 41.23 42.26 43.32 44.40 45.51 46.65 47.82 49.01 Monthly 6,636.81 6,802.73 6,972.80 7,147.12 7,325.80 7,508.95 7,696.67 7,889.09 8,086.31 8,288.47 8,495.68 Yearly 79,642 81,633 83,674 85,765 87,910 90,107 92,360 94,669 97,036 99,462 101,948 Hourly 40.20 41.21 42.24 43.30 44.38 45.49 46.62 47.79 48.98 50.21 51.46 Monthly 6,968.65 7,142.87 7,321.44 7,504.48 7,692.09 7,884.39 8,081.50 8,283.54 8,490.63 8,702.89 8,920.47 Yearly 83,624 85,714 87,857 90,054 92,305 94,613 96,978 99,402 101,888 104,435 107,046 Hourly 42.21 43.27 44.35 45.46 46.60 47.76 48.96 50.18 51.43 52.72 54.04 Monthly 7,317.09 7,500.01 7,687.52 7,879.70 8,076.70 8,278.61 8,485.58 8,697.72 8,915.16 9,138.04 9,366.49 Yearly 87,805 90,000 92,250 94,556 96,920 99,343 101,827 104,373 106,982 109,656 112,398 Hourly 44.32 45.43 46.57 47.73 48.93 50.15 51.40 52.69 54.01 55.36 56.74 Monthly 7,682.94 7,875.02 8,071.89 8,273.69 8,480.53 8,692.54 8,909.86 9,132.60 9,360.92 9,594.94 9,834.82 Yearly 92,195 94,500 96,863 99,284 101,766 104,311 106,918 109,591 112,331 115,139 118,018 Hourly 46.54 47.70 48.90 50.12 51.37 52.66 53.97 55.32 56.71 58.12 59.58 Monthly 8,067.09 8,268.77 8,475.49 8,687.37 8,904.56 9,127.17 9,355.35 9,589.23 9,828.96 10,074.69 10,326.56 Yearly 96,805 99,225 101,706 104,248 106,855 109,526 112,264 115,071 117,948 120,896 123,919 Hourly 48.87 50.09 51.34 52.63 53.94 55.29 56.67 58.09 59.54 61.03 62.56 Monthly 8,470.44 8,682.20 8,899.26 9,121.74 9,349.78 9,583.53 9,823.12 10,068.70 10,320.41 10,578.42 10,842.88 Yearly 101,645 104,186 106,791 109,461 112,197 115,002 117,877 120,824 123,845 126,941 130,115 Hourly 51.31 52.59 53.91 55.26 56.64 58.05 59.51 60.99 62.52 64.08 65.68 Monthly 8,893.97 9,116.31 9,344.22 9,577.83 9,817.27 10,062.71 10,314.27 10,572.13 10,836.43 11,107.34 11,385.03 Yearly 106,728 109,396 112,131 114,934 117,807 120,752 123,771 126,866 130,037 133,288 136,620 SC 31 SC 32 SC 33 SC 34 SC 28 SC 29 SC 30 Exhibit E YLWD Pay Plan - Supervisory and Confidential Employees Effective July 1, 2017 through June 30, 2018 *In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated at 2.5% between each step and 5.0% between each range. Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Hourly 25.18 25.81 26.45 27.11 27.79 28.48 29.20 29.93 30.67 31.44 32.23 Monthly 4,364.20 4,473.30 4,584.63 4,699.24 4,816.72 4,937.14 5,060.57 5,187.08 5,316.76 5,449.68 5,585.92 Yearly 52,370 53,680 55,016 56,391 57,801 59,246 60,727 62,245 63,801 65,396 67,031 Hourly 26.44 27.10 27.78 28.47 29.18 29.91 30.66 31.43 32.21 33.02 33.84 Monthly 4,582.41 4,696.97 4,814.39 4,934.75 5,058.12 5,184.57 5,314.19 5,447.04 5,583.22 5,722.80 5,865.87 Yearly 54,989 56,364 57,773 59,217 60,697 62,215 63,770 65,364 66,999 68,674 70,390 Hourly 27.76 28.45 29.16 29.89 30.64 31.41 32.19 33.00 33.82 34.67 35.53 Monthly 4,811.53 4,931.81 5,055.11 5,181.49 5,311.03 5,443.80 5,579.90 5,719.39 5,862.38 6,008.94 6,159.16 Yearly 57,738 59,182 60,661 62,178 63,732 65,326 66,959 68,633 70,349 72,107 73,910 Hourly 29.15 29.88 30.62 31.39 32.17 32.98 33.80 34.65 35.51 36.40 37.31 Monthly 5,052.10 5,178.41 5,307.87 5,440.56 5,576.58 5,715.99 5,858.89 6,005.36 6,155.50 6,309.38 6,467.12 Yearly 60,625 62,141 63,694 65,287 66,919 68,592 70,307 72,064 73,866 75,713 77,605 Hourly 30.60 31.37 32.15 32.96 33.78 34.63 35.49 36.38 37.29 38.22 39.18 Monthly 5,304.71 5,437.33 5,573.26 5,712.59 5,855.41 6,001.79 6,151.84 6,305.63 6,463.27 6,624.85 6,790.47 Yearly 63,656 65,248 66,879 68,551 70,265 72,021 73,822 75,668 77,559 79,498 81,486 Hourly 32.13 32.94 33.76 34.61 35.47 36.36 37.27 38.20 39.15 40.13 41.13 Monthly 5,569.94 5,709.19 5,851.92 5,998.22 6,148.18 6,301.88 6,459.43 6,620.91 6,786.44 6,956.10 7,130.00 Yearly 66,839 68,510 70,223 71,979 73,778 75,623 77,513 79,451 81,437 83,473 85,560 Hourly 33.74 34.58 35.45 36.34 37.24 38.17 39.13 40.11 41.11 42.14 43.19 Monthly 5,848.44 5,994.65 6,144.52 6,298.13 6,455.58 6,616.97 6,782.40 6,951.96 7,125.76 7,303.90 7,486.50 Yearly 70,181 71,936 73,734 75,578 77,467 79,404 81,389 83,423 85,509 87,647 89,838 Hourly 35.43 36.31 37.22 38.15 39.11 40.08 41.09 42.11 43.17 44.24 45.35 Monthly 6,140.86 6,294.38 6,451.74 6,613.04 6,778.36 6,947.82 7,121.52 7,299.56 7,482.05 7,669.10 7,860.82 Yearly 73,690 75,533 77,421 79,356 81,340 83,374 85,458 87,595 89,785 92,029 94,330 Hourly 37.20 38.13 39.08 40.06 41.06 42.09 43.14 44.22 45.32 46.46 47.62 Monthly 6,447.91 6,609.10 6,774.33 6,943.69 7,117.28 7,295.21 7,477.59 7,664.53 7,856.15 8,052.55 8,253.86 Yearly 77,375 79,309 81,292 83,324 85,407 87,543 89,731 91,974 94,274 96,631 99,046 SC 25 SC 26 SC 27 SC 24 SC 19 SC 20 SC 21 SC 22 SC 23 Exhibit E YLWD Pay Plan - Supervisory and Confidential Employees Effective July 1, 2017 through June 30, 2018 *In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated at 2.5% between each step and 5.0% between each range. Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Hourly 39.06 40.04 41.04 42.06 43.11 44.19 45.30 46.43 47.59 48.78 50.00 Monthly 6,770.30 6,939.56 7,113.05 7,290.87 7,473.15 7,659.97 7,851.47 8,047.76 8,248.95 8,455.18 8,666.56 Yearly 81,244 83,275 85,357 87,490 89,678 91,920 94,218 96,573 98,987 101,462 103,999 Hourly 41.01 42.04 43.09 44.17 45.27 46.40 47.56 48.75 49.97 51.22 52.50 Monthly 7,108.82 7,286.54 7,468.70 7,655.42 7,846.80 8,042.97 8,244.05 8,450.15 8,661.40 8,877.94 9,099.89 Yearly 85,306 87,438 89,624 91,865 94,162 96,516 98,929 101,402 103,937 106,535 109,199 Hourly 43.06 44.14 45.24 46.37 47.53 48.72 49.94 51.19 52.47 53.78 55.12 Monthly 7,464.26 7,650.86 7,842.14 8,038.19 8,239.14 8,445.12 8,656.25 8,872.66 9,094.47 9,321.83 9,554.88 Yearly 89,571 91,810 94,106 96,458 98,870 101,341 103,875 106,472 109,134 111,862 114,659 Hourly 45.22 46.35 47.51 48.69 49.91 51.16 52.44 53.75 55.09 56.47 57.88 Monthly 7,837.47 8,033.41 8,234.24 8,440.10 8,651.10 8,867.38 9,089.06 9,316.29 9,549.20 9,787.93 10,032.62 Yearly 94,050 96,401 98,811 101,281 103,813 106,409 109,069 111,795 114,590 117,455 120,391 Hourly 47.48 48.66 49.88 51.13 52.41 53.72 55.06 56.44 57.85 59.29 60.77 Monthly 8,229.34 8,435.08 8,645.95 8,862.10 9,083.66 9,310.75 9,543.52 9,782.10 10,026.66 10,277.32 10,534.26 Yearly 98,752 101,221 103,751 106,345 109,004 111,729 114,522 117,385 120,320 123,328 126,411 Hourly 49.85 51.10 52.37 53.68 55.03 56.40 57.81 59.26 60.74 62.26 63.81 Monthly 8,640.81 8,856.83 9,078.25 9,305.21 9,537.84 9,776.28 10,020.69 10,271.21 10,527.99 10,791.19 11,060.97 Yearly 103,690 106,282 108,939 111,662 114,454 117,315 120,248 123,255 126,336 129,494 132,732 Hourly 52.34 53.65 54.99 56.37 57.78 59.22 60.70 62.22 63.78 65.37 67.00 Monthly 9,072.85 9,299.67 9,532.16 9,770.47 10,014.73 10,265.10 10,521.73 10,784.77 11,054.39 11,330.75 11,614.02 Yearly 108,874 111,596 114,386 117,246 120,177 123,181 126,261 129,417 132,653 135,969 139,368 SC 31 SC 32 SC 33 SC 34 SC 28 SC 29 SC 30 Exhibit F Yorba Linda Water District – Supervisory and Confidential Employees Holiday Schedule 7/1/2015 – 6/30/2018 Holiday FY 15/16 FY 16/17 FY 17/18 Employee Chosen Floater Accrued On 7/1/2015 7/1/2016 7/1/2017 Independence Day 7/4/2015 7/4/2016 7/4/2017 Labor Day 9/7/2015 9/5/2016 9/4/2017 Veterans’ Day 11/11/2015 11/11/2016 11/11/2017 Thanksgiving 11/26/2015 11/24/2016 11/23/2017 Day After Thanksgiving 11/27/2015 11/25/2016 11/24/2017 Christmas Eve 12/24/2015 12/24/2016 12/24/2017 Christmas Day 12/25/2015 12/25/2016 12/25/2017 New Year’s Day 1/1/2016 1/1/2017 1/1/2018 Presidents’ Day 2/15/2016 2/20/2017 2/19/2018 Memorial Day 5/23/2016 5/22/2017 5/28/2018 ITEM NO. 9.6 AGENDA REPORT Meeting Date: May 11, 2015 Budgeted:Yes To:Board of Directors From:Marc Marcantonio, 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 Subject:Employee Compensation Letter and Pay Plans for Management Employees SUMMARY: The District's Management Employees are unrepresented and do not bargain with the District over compensation and benefits. In the past, this group has followed suit with any provisions the District bargained and agreed upon with the District's represented employees group. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 15-08 Adopting the Employee Compensation Letter and Pay Plans for Management Employees for Fiscal Years 2015-2018. DISCUSSION: In the past, the District's Management Employees followed suit with the provisions that were negotiated between the District and the District's represented employees. Staff has prepared a Compensation Letter for the Management Employees Group for consideration of the Board of Directors. The highlights of the Compensation Letter for the Management Employees Group reflects the following: 1. Three-year period (July 1, 2015 through June 30, 2018); 2. 6.5% Cost of Living Adjustment over the three-year period; 3. Effective July 1, 2016, implementation of an eleven (11) step salary schedule with a 2.5% salary difference between steps replacing the District's nine (9) step salary schedule. Resolution No. 15-08 is attached to this report for the Board of Directors' consideration. ATTACHMENTS: Name:Description:Type: Resolution_No._15-08_- _Management_Employees_Compensation_Letter_and_Pay_Plans_For_FY_2015- Resolution No. 15-08 Backup 2018.pdf Material ME_Compensation_Package_2015-2018.pdf ME Compensation Package 2015-2018 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/11/2015 4-0-0-1 PH was absent. RESOLUTION NO. 15-08 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE EMPLOYEE COMPENSATION LETTER AND PAY PLANS FOR MANAGEMENT EMPLOYEES FOR FISCAL YEARS 2015-2018 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 April 12, 2012; and WHEREAS, the Employee Compensation Letter and Pay Plans for the Management Employees for fiscal years 2012-2015 shall expire on June 30, 2015. 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 Employees Compensation Letter for fiscal years 2015-2018 as attached hereto and by this reference incorporated as Exhibit “A”. Section 2. The Salary Ranges and Authorized Classifications, Pay Plans and Holiday Schedule for Management Employees are approved and adopted as attached hereto and by this reference incorporated herein as Exhibits “B” through “F”. Section 3. That all previous versions of the Employee Compensation Letter and Pay Plans for Management Employees for fiscal years 2012-2015 are hereby rescinded effective July 1, 2015. PASSED AND ADOPTED this 11th day of May 2015, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Ric Collett, President Yorba Linda Water District Resolution No. 15-08 Management Employees Compensation Letter and Pay Plans 1 ATTEST: Marc Marcantonio, Board Secretary Yorba Linda Water District Reviewed as to form by Labor Counsel: Connie Almond, Esq. Liebert Cassidy Whitmore LLP Resolution No. 15-08 Management Employees Compensation Letter and Pay Plans 2 Exhibit A Resolution No. 15-08 Employee Compensation Letter And Pay Plans for Management Employees Fiscal Years 2015-2018 I. The General Manager shall prepare an Employee Compensation Letter for the Board of Directors’ consideration. The Employee Compensation Letter shall describe the salaries, benefits and special conditions offered by the District to its Management Employee Group (Exhibit B). II. Effective July 1, 2015, the salary schedule attached hereto as Exhibit C shall be in effect for fiscal year 2015-2016 (reflecting a 2.5% base salary increase). III. Effective July 1, 2016, the salary schedule attached hereto as Exhibit D shall be in effect for fiscal year 2016-2017 (reflecting a 2% base salary increase). IV. Effective July 1, 2017, the salary schedule attached hereto as Exhibit E shall be in effect for fiscal year 2017-2018 (reflecting a 2% base salary increase). V. 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. The District has three tiers for retirement benefits: a. Tier 1 applies to District employees hired prior to January 26, 2012; b. Tier 2 applies to District employees hired between January 26, 2012 and December 31, 2012 and any District employees hired on or after January 1, 2013 who are defined as “classic members” under the Public Employees’ Retirement Law (“PERL”); and c. Tier 3 applies to District employees hired on or after January 1, 2013 who are defined as “new members” under the PERL. 1. Tier 1 and Tier 2 employees Tier 1 employees are enrolled in the 2% at 55 retirement formula. Tier 2 employees are enrolled in the 2% at 60 retirement formula. Tier 1 and Tier 2 employees pay the full employee contribution rate which is 7% of pensionable compensation. 2. Tier 3 employees Management Employees hired on or after January 1, 2013 who are “new members” as defined in the Public Employees’ Pension Reform Act of 2013 (PEPRA) are provided the following retirement benefits: 2.5% at 67 benefit formula with a three year (36 month) final compensation period. Employees may designate the highest 36 month period. Tier 3 employees shall individually pay an initial CalPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said newly hired employee is enrolled rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. VI. 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. VII. All Management Employees hired or promoted to a Management position on or after January 24, 2013 are at-will employees of the District, serve at the will of the General Manager and may be dismissed without cause or right of appeal. All employees serving in a Management Employee position prior to January 24, 2013 are not at-will employees of the District and maintain the appeal rights as set forth in the District’s Personnel Rules. VIII. Effective July 1, 2016, the District will implement an eleven (11) step salary schedule with a 2.5% salary difference between steps replacing the District’s previous nine (9) step salary schedule. Subsequent movement on the salary schedule is based on merit as follows: Evaluation process Each employee shall be reviewed annually on a one-year interval. Effective July 1, 2016, the District will implement a new five-rating performance evaluation with the following ratings: Unsatisfactory, Needs Improvement, Meets Expectations, Exceeds Expectations, and Outstanding. An employee who receives an overall rating Exceeds Expectations and with no Unsatisfactory and no more than two (2) Needs Improvement ratings on their evaluation shall be entitled to move one (1) step. An employee who receives an overall rating of Outstanding with no Unsatisfactory and no Needs Improvement ratings on their evaluation shall move two (2) steps. Movement shall take place until an employee has reached step 11. The District shall endeavor to have performance reviews completed by the employee’s anniversary date with the effective date of the merit salary increase being on the anniversary date. If the evaluation is delayed, any subsequent Management Employees Compensation Letter FYs 2015-2018 salary increase to which the employee is entitled as a result of the performance review rating shall be retroactive to the anniversary date. IX. Management Employees shall accrue vacation leave time with pay as follows: Duration of Continuous Regular Employment Hours Accrued per Pay Period During 1st through 60th month (0-5 yrs) 3.077 hrs = 2.0 wks/yr During 61st through 120th month (5-10 yrs) 4.615 hrs = 3.0 wks/yr During 121st through 180th month (10-15 yrs) 5.384 hrs = 3.5 wks/yr During 181st through 240th month (15-20 yrs) 6.153 hrs = 4.0 wks/yr During 241st month and thereafter (20+ yrs) 6.922 hrs = 4.5 wks/yr X. 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 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 purchase additional life insurance coverage up to $300,000 by authorizing the additional premium to be deducted from their salary. In addition, a Management Employee can purchase life insurance for their spouse up to half of the employee’s coverage level. Some medical restrictions may apply. XI. 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, effective the first of the month following date of hire and ⅔ of the additional premium toward Management Employee dependent coverage for covered employees with one or more dependents 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 the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. XII. The District shall pay 100% of the premium for dental insurance for all Management Employees who work in excess of 30 hours or more per week, effective the first of the month following date of hire and ⅔ of the additional premium toward Management Employee dependent coverage for covered Management Employees with one or more dependents in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The Management Employees shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. Management Employees Compensation Letter FYs 2015-2018 XIII. The District shall pay 100% of the premium for vision insurance for Management Employees who work in excess of 30 hours or more per week, effective the first of the month following date of hire and ⅔ of the additional premium toward dependent coverage for covered Management Employees with one or more dependents 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 the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. XIV. For Management Employees who are employed by the District prior to December 8, 2011, and subject to carrier approval, the District shall pay the amounts provided in paragraphs XI, XII and XIII of this agreement 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) complete consecutive years of service with the District, must provide ninety (90) days’ notice of intent to retire, retire from the District in good standing and remain in a retired status. The retired Management Employee must make any contribution required of a regular Management Employee pursuant to paragraphs XI, XII and XIII 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. When the Management retiree, or their spouse, reaches age 65 and is eligible for Medicare, the coverage provided by the District shall become secondary to Medicare for the remainder of the benefit period. Management Employees hired on or after December 8, 2011 shall be ineligible to receive this benefit. XV. A Management Employee who retires (in accordance with the Public Employees' Retirement System qualifications) shall be paid at the rate of their final salary for ⅜ of their accumulated days of sick leave, if any, at the time of separation from active employment. The remaining ⅝ of their accumulated days of sick leave will be converted into CalPERS service credit. XVI. Management Employees who are laid off from District employment after being employed by the District for five (5) or more complete consecutive years of regular employment shall be compensated for accumulated, unused sick leave above 400 hours as follows: Management Employees Compensation Letter FYs 2015-2018 YEARS PERCENT PAYABLE ABOVE 400 HOURS ON THE BOOKS 5 through 9 20% 10 through 15 25% 16 through 20 and above 30% Employees who are terminated from the District for cause, or who resign in lieu of termination, shall not be eligible for this benefit. XVII. The District shall provide a long-term disability plan for Management Employees which has a 90-day elimination period and provides 66 ⅔% of an employee’s monthly pre-disability earnings to a maximum of $7,000 per month 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. XVIII. The District shall provide a short-term disability plan for Management Employees which has a twenty-nine (29) day elimination period up to an employee’s eligibility for long-term disability and provides 66 ⅔% of an employee’s weekly pre-disability earnings to a maximum of $1,500 per week for a designated period of nine (9) weeks in accordance with coverage procured by the District from a carrier to be determined at the District’s sole discretion. XIX. The District will match dollar for dollar not to exceed 2% salary earned per payroll period of a Management Employee’s salary or the employee’s actual amount of deferred compensation per payroll period, whichever amount is lesser. XX. Management Employees shall continue to 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). The Board of Directors clearly and unequivocally has the right to terminate the 4/10 schedule at any time during the term of this Employee Compensation Letter. In such case, the schedule shall revert to the 9/80 schedule as existed immediately prior to implementation of the 4/10 schedule. XXI. In situations where a Management Employee has been injured in a non-duty accident and their disability leave exceeds thirty calendar days, their merit review and anniversary dates will be adjusted accordingly for that portion of leave exceeding thirty (30) calendar days. XXII. The District established a cafeteria plan under Section 125 of the Internal Revenue Code. Employees can voluntarily participate in both tax advantage flexible benefit and dependent care plans. Employees can elect to deduct up to an annual maximum of $2,000 towards the flexible benefit plan and/or an annual maximum of $5,000 towards the dependent care plan from their paychecks over twenty-four (24) pay periods per calendar year. The cafeteria plan will allow Management Employees to convert their share of insurance premiums, un- Management Employees Compensation Letter FYs 2015-2018 reimbursed medical expenses, child care and other qualifying expenditures to pretax dollars. XXIII. 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. XXIV. 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 safety footwear in an amount not to exceed $200.00 each fiscal year. Safety footwear must meet American National Standards Institute (ANSI) minimum compression and impact performance standards in ANSI Z41- 1991 or provide equivalent protection. At the end of the current fiscal year, any unused funds shall not carry over into the next fiscal year. XXV. The District shall provide pre-approved reimbursement to Management Employees for the cost of tuition, fees, books and parking relating to educational courses directly related to an employee’s essential job duties for the employee’s present work classification as approved in advance by the General Manager and the Human Resources/Risk Manager. As education reimbursement each fiscal year, employees may receive up to the equivalent of one year’s full-time tuition at California State University for an in-state student. University and college-level course work must be undertaken at a Western Association of Schools and Colleges and Universities (WASC) accredited institution. To qualify for reimbursement, Management Employees must successfully complete a pre-approved course with a passing grade (C or better). In the event of a “Credit/No Credit” course, “Credit” will be considered a passing grade. Proof of payment and successful completion of the course with a passing grade as indicated in the District’s Educational Reimbursement Policy must accompany the Educational Tuition Reimbursement form (Exhibit A of the District’s Educational Reimbursement Policy). Management Employees 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 final check. Any remaining non-reimbursed amount shall be paid to the District within Management Employees Compensation Letter FYs 2015-2018 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. In the event of a layoff or work hour reduction, reimbursement will cover courses that are already in progress, provided that the employee successfully completes them with a passing grade and fulfills the other provisions of the Educational Reimbursement Policy. XXVI. 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 a minimum of one- half (1/2) the vacation time to which the employee is entitled within the same annual period of the sold vacation time remains in the employee’s vacation account after the cash distribution. Sell-back of vacation time will only be paid on the second payday in November of each year. XXVII. Management Employees will be entitled to car allowance of $400.00/month as determined by the General Manager. The Engineering Manager, Finance Manager, IT Manager, Human Resources/Risk Manager, Operations Manager and Public Information Manager positions shall be eligible for this benefit. XXVIII. Management Employees shall receive a maximum of forty (40) hours of management leave with pay each fiscal year. Unused management 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 management leave time to the next fiscal year. Management Employees joining after the start of the fiscal year shall receive a prorated benefit based on the number of remaining payroll periods in the fiscal year. XXIX. The Holiday schedule attached hereto as Exhibit F 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, 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 the fiscal year in which it is accrued or the following fiscal year. Any unused floating holiday time will be cashed out at the employee’s base hourly rate at the end of Management Employees Compensation Letter FYs 2015-2018 the fiscal year following the fiscal year during which the time was accrued. For example any unused floating holiday time accrued during fiscal year 2015-16 would be paid out at the end of fiscal year 2016-17. 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. XXX. The term of this Compensation Letter for Management Employees is for the period of July 1, 2015 to June 30, 2018. ___________________________ __________________ Marc Marcantonio Date General Manager Management Employees Compensation Letter FYs 2015-2018 Exhibit B Yorba Linda Water District – Management Employees Classifications and Salary Ranges 7/1/2015 – 6/30/2018 CLASSIFICATION TITLE SALARY RANGES FLSA Engineering Manager ME 37 Exempt Finance Manager ME 37 Exempt Human Resources/Risk Manager ME 37 Exempt Information Technology Manager ME 37 Exempt Operations Manager ME 37 Exempt Public Information Manager ME 33 Exempt Exhibit C YLWD Pay Plan - Management Employees Effective July 1, 2015 through June 30, 2016 *In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated at 2.5% between each step and 5.0% between each range. Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Hourly 47.92 49.11 50.34 51.60 52.89 54.21 55.57 56.96 58.38 Monthly 8,305.40 8,513.04 8,725.86 8,944.01 9,167.61 9,396.80 9,631.72 9,872.51 10,119.32 Yearly 99,665 102,156 104,710 107,328 110,011 112,762 115,581 118,470 121,432 Hourly 50.31 51.57 52.86 54.18 55.53 56.92 58.35 59.80 61.30 Monthly 8,720.67 8,938.69 9,162.15 9,391.21 9,625.99 9,866.64 10,113.30 10,366.14 10,625.29 Yearly 104,648 107,264 109,946 112,694 115,512 118,400 121,360 124,394 127,503 Hourly 52.83 54.15 55.50 56.89 58.31 59.77 61.26 62.79 64.36 Monthly 9,156.70 9,385.62 9,620.26 9,860.77 10,107.29 10,359.97 10,618.97 10,884.44 11,156.55 Yearly 109,880 112,627 115,443 118,329 121,287 124,320 127,428 130,613 133,879 Hourly 55.47 56.86 58.28 59.73 61.23 62.76 64.33 65.93 67.58 Monthly 9,614.54 9,854.90 10,101.27 10,353.81 10,612.65 10,877.97 11,149.92 11,428.67 11,714.38 Yearly 115,374 118,259 121,215 124,246 127,352 130,536 133,799 137,144 140,573 Hourly 58.24 59.70 61.19 62.72 64.29 65.90 67.54 69.23 70.96 Monthly 10,095.27 10,347.65 10,606.34 10,871.50 11,143.28 11,421.87 11,707.41 12,000.10 12,300.10 Yearly 121,143 124,172 127,276 130,458 133,719 137,062 140,489 144,001 147,601 ME 33 ME 34 ME 35 ME 36 ME 37 Exhibit D YLWD Pay Plan - Management Employees Effective July 1, 2016 through June 30, 2017 *In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated at 2.5% between each step and 5.0% between each range. Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Hourly 48.87 50.09 51.34 52.63 53.94 55.29 56.67 58.09 59.54 61.03 62.56 Monthly 8,470.44 8,682.20 8,899.26 9,121.74 9,349.78 9,583.53 9,823.12 10,068.70 10,320.41 10,578.42 10,842.88 Yearly 101,645 104,186 106,791 109,461 112,197 115,002 117,877 120,824 123,845 126,941 130,115 Hourly 51.31 52.59 53.91 55.26 56.64 58.05 59.51 60.99 62.52 64.08 65.68 Monthly 8,893.97 9,116.31 9,344.22 9,577.83 9,817.27 10,062.71 10,314.27 10,572.13 10,836.43 11,107.34 11,385.03 Yearly 106,728 109,396 112,131 114,934 117,807 120,752 123,771 126,866 130,037 133,288 136,620 Hourly 53.88 55.22 56.60 58.02 59.47 60.96 62.48 64.04 65.64 67.28 68.97 Monthly 9,338.66 9,572.13 9,811.43 10,056.72 10,308.14 10,565.84 10,829.99 11,100.74 11,378.26 11,662.71 11,954.28 Yearly 112,064 114,866 117,737 120,681 123,698 126,790 129,960 133,209 136,539 139,953 143,451 Hourly 56.57 57.99 59.43 60.92 62.44 64.00 65.60 67.24 68.93 70.65 72.42 Monthly 9,805.60 10,050.74 10,302.01 10,559.56 10,823.54 11,094.13 11,371.49 11,655.77 11,947.17 12,245.85 12,551.99 Yearly 117,667 120,609 123,624 126,715 129,883 133,130 136,458 139,869 143,366 146,950 150,624 Hourly 59.40 60.88 62.41 63.97 65.57 67.20 68.88 70.61 72.37 74.18 76.04 Monthly 10,295.88 10,553.27 10,817.11 11,087.53 11,364.72 11,648.84 11,940.06 12,238.56 12,544.53 12,858.14 13,179.59 Yearly 123,551 126,639 129,805 133,050 136,377 139,786 143,281 146,863 150,534 154,298 158,155 ME 33 ME 34 ME 35 ME 36 ME 37 Exhibit E YLWD Pay Plan - Management Employees Effective July 1, 2017 through June 30, 2018 *In the event of a keying/formula discrepancy, all pay plans (salary matrices) are calculated at 2.5% between each step and 5.0% between each range. Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Hourly 49.85 51.10 52.37 53.68 55.03 56.40 57.81 59.26 60.74 62.26 63.81 Monthly 8,640.81 8,856.83 9,078.25 9,305.21 9,537.84 9,776.28 10,020.69 10,271.21 10,527.99 10,791.19 11,060.97 Yearly 103,690 106,282 108,939 111,662 114,454 117,315 120,248 123,255 126,336 129,494 132,732 Hourly 52.34 53.65 54.99 56.37 57.78 59.22 60.70 62.22 63.78 65.37 67.00 Monthly 9,072.85 9,299.67 9,532.16 9,770.47 10,014.73 10,265.10 10,521.73 10,784.77 11,054.39 11,330.75 11,614.02 Yearly 108,874 111,596 114,386 117,246 120,177 123,181 126,261 129,417 132,653 135,969 139,368 Hourly 54.96 56.33 57.74 59.19 60.67 62.18 63.74 65.33 66.96 68.64 70.35 Monthly 9,526.49 9,764.66 10,008.77 10,258.99 10,515.47 10,778.35 11,047.81 11,324.01 11,607.11 11,897.29 12,194.72 Yearly 114,318 117,176 120,105 123,108 126,186 129,340 132,574 135,888 139,285 142,767 146,337 Hourly 57.71 59.15 60.63 62.15 63.70 65.29 66.92 68.60 70.31 72.07 73.87 Monthly 10,002.82 10,252.89 10,509.21 10,771.94 11,041.24 11,317.27 11,600.20 11,890.21 12,187.46 12,492.15 12,804.45 Yearly 120,034 123,035 126,111 129,263 132,495 135,807 139,202 142,682 146,250 149,906 153,653 Hourly 60.59 62.11 63.66 65.25 66.88 68.56 70.27 72.03 73.83 75.67 77.57 Monthly 10,502.96 10,765.53 11,034.67 11,310.54 11,593.30 11,883.13 12,180.21 12,484.72 12,796.84 13,116.76 13,444.68 Yearly 126,036 129,186 132,416 135,726 139,120 142,598 146,163 149,817 153,562 157,401 161,336 ME 33 ME 34 ME 35 ME 36 ME 37 Exhibit F Yorba Linda Water District – Management Employees Holiday Schedule 7/1/2015 – 6/30/2018 Holiday FY 15/16 FY 16/17 FY 17/18 Employee Chosen Floater Accrued On 7/1/2015 7/1/2016 7/1/2017 Independence Day 7/4/2015 7/4/2016 7/4/2017 Labor Day 9/7/2015 9/5/2016 9/4/2017 Veterans’ Day 11/11/2015 11/11/2016 11/11/2017 Thanksgiving 11/26/2015 11/24/2016 11/23/2017 Day After Thanksgiving 11/27/2015 11/25/2016 11/24/2017 Christmas Eve 12/24/2015 12/24/2016 12/24/2017 Christmas Day 12/25/2015 12/25/2016 12/25/2017 New Year’s Day 1/1/2016 1/1/2017 1/1/2018 Presidents’ Day 2/15/2016 2/20/2017 2/19/2018 Memorial Day 5/23/2016 5/22/2017 5/28/2018 ITEM NO. 9.7 AGENDA REPORT Meeting Date: May 11, 2015 Budgeted:Yes To:Board of Directors From:Gina Knight, HR/Risk Manager Presented By:Gina Knight, HR/Risk Manager Dept:Human Resources/Risk Management Reviewed by Legal:Yes Prepared By:Amelia Cloonan, Human Resources Analyst Subject:First Amendment to Employment Agreement for Position of General Manager SUMMARY: Based on the General Manager's job performance and in the interest of maintaining the employment relationship, the Board of Directors would like to provide the General Manager with a merit-based base salary increase effective March 2, 2015. STAFF RECOMMENDATION: That the Board of Directors approve the First Amendment to the Employment Agreement for the Position of General Manager. DISCUSSION: Pursuant to Paragraph 7 of the Employment Agreement for Position of General Manager, the Board of Directors shall, in its sole discretion, review and evaluate the Employee's performance on an annual, quarterly, or other basis, or pursuant to the District's performance evaluation policy. (Employee Performance Evaluation and Merit Increase Policy, Policy No. 7010-010) As a result of the Board of Director's evaluation, the overall performance rating for the General Manager exceeds the requirements of his position for the six month mark. Therefore, in accordance with Section 3.C.1.a, b and c of the District's Employee Performance Evaluation and Merit Increase Policy, the General Manager is entitled to a one-step increase. The one-step increase results in a 2.5% increase to the General Manager's annual base salary. As required in Section 3, Employee Compensation, of the General Manager's Employment Agreement for Position of General Manager, dated August 7, 2008, ..."Any increase is not effective until the Parties draft and sign an amendment to this Agreement that states the new annual base salary and the effective date of that new salary and such amendment is adopted by the Board at a duly noticed public meeting." Therefore, the attached First Amendment to Employment Agreement for Position of General Manager reflects the increase in the annual base salary and no other changes to the Employment Agreement. STRATEGIC PLAN: WE 2-C: Identify Individuals with the Potential to Perform Highly in Key Roles PRIOR RELEVANT BOARD ACTION(S): The Board of Directors previously approved execution of an Employment Agreement for Position of General Manager with Andrew P. (Marc) Marcantonio on August 7, 2014. ATTACHMENTS: Name:Description:Type: 1st_Amendment_to_Employment_Agreement_for_Position_of_GM_05.11.2015.docx 1st Amendment to Employment Agree - GM Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/11/2015 GM/RK 4-0-0-1 PH was absent. FIRST AMENDMENT TO EMPLOYMENT AGREEMENT FOR POSITION OF GENERAL MANAGER This First Amendment to Employment Agreement for Position of General Manager is made and entered into this eleventh day of May, 2015, by and between the Yorba Linda Water District, hereinafter referred to as “District” or as “Employer,” and Andrew P. Marcantonio, hereinafter referred to as “Employee,” both parties agreeing as follows: RECITALS WHEREAS, the District and Employee have entered into an August 7, 2014 Employment Agreement for Position of General Manager (“the Agreement”), whereby employee shall serve as the General Manager of the Yorba Linda Water District; and WHEREAS, under the Agreement, Employee is eligible for salary adjustments and the Board of Directors may review and evaluate Employee’s performance on an annual, quarterly, or other basis, or pursuant to the District’s performance evaluation policy. WHEREAS, based on Employee’s job performance and in the interest of maintaining the employment relationship, the Board of Directors would like to provide Employee with a one-step, 2.5% merit-based base salary increase, effective March 2, 2015. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree to amend Section 3, Employee Compensation of the above August 7, 2014 Employment Agreement for Position of General Manager (“the Amendment”) to provide as follows: 3. Employee Compensation. Employee shall receive an annual base salary of one hundred ninety-one thousand, six hundred and seventy five dollars ($191,675.00), payable in twenty-six equal biweekly installments for performance of his service as General Manager. The annual base salary may be adjusted during the Term at the sole discretion of the Board. Any such increase in salary shall not be construed as altering or amending any provision of this Agreement, except the Employee’s compensation amount, or unless specifically agreed to in writing between the District and Employee. Any increase is not effective until the Parties draft and sign an amendment to this Agreement that states the new annual base salary and the effective date of that new salary and such amendment is adopted by the Board at a duly noticed public meeting. All other provisions of the August 7, 2014 Employment Agreement for Position of General Manager shall remain unchanged. ____________________________ ___________________________ Ric Collett Date Board President ____________________________ ____________________________ Marc Marcantonio Date General Manager ____________________________ ____________________________ Connie Almond Date Employment Law Attorney Liebert, Cassidy, Whitmore ITEM NO. 9.8 AGENDA REPORT Meeting Date: May 11, 2015 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Secretary Subject:Request for Concurring Nomination Resolution STAFF RECOMMENDATION: That the Board of Directors consider adopting Resolution No. 15-09 Concurring in the Nomination of Jo Mackenzie to the CSDA Board of Directors. DISCUSSION: The California Special Districts Association (CSDA) will be conducting an election for 6 seats on their Board of Directors via mail ballot in June. As such, the Board of Directors of the Vista Irrigation District (VID) have nominated Ms. Jo MacKenzie, their Board President and current incumbent in the expiring seat for the Southern Network (Region 6, Seat A), for re-election for the 2016-19 term. YLWD has received a request from VID to consider adoption of a resolution concurring in Ms. MacKenzie's nomination. The deadline for submission of concurring nominations is May 22, 2015. Ballots will be mailed on June 5, 2015 and due on August 7, 2015. The successful candidates will be announced shortly thereafter. ATTACHMENTS: Name:Description:Type: VID_Correspondence.pdf Backup Material Backup Material Resolution_No._15-09_- _Concurring_MacKenzie_Nomination.doc Resolution Resolution Approved by the Board of Directors of the Yorba Linda Water District 5/11/2015 GM/RK 4-0-0-1 Roll Call PH was absent. A public agency serving the city of Vista and portions of San Marcos, Escondido, Oceanside and San Diego County March 13, 2015 Board of Directors El Toro Water District 24251 Los Alisos Blvd. Lake Forest, CA 92630 Re: Nomination of Jo MacKenzie to the CSDA Board of Directors Dear Board of Directors: The Vista Irrigation District (VID) Board of Directors has nominated VID Board President Jo MacKenzie to continue to represent the Southern Network (Region 6) on the CSDA Board of Directors. Jo has served on the CSDA Board of Directors since 2003. She served as CSDA Board President in 2011, Vice President in 2010, and Treasurer in 2009 and 2008. A member of the Legislative Committee since 2004, Jo served as Chair of the Legislative Committee from 2006-2010, as well as in 2012. In 2010, CSDA named Jo MacKenzie the Legislative Advocate of the Year! Jo currently serves as President of the CSDA Finance Corporation, and she also serves on the CSDA Member Services Committees and on the Board of Directors of the CSDA San Diego Chapter. As our Southern Network (Region 6) Director, Jo MacKenzie will continue to bring years of experience in local government and a strong understanding of special districts. I urge your Board to concur in our Board’s nomination of Jo MacKenzie for the CSDA Board of Directors, Southern Network (Region 6), Seat A. All concurring nominations may be sent to the attention of Lisa Soto at Vista Irrigation District, 1391 Engineer Street, Vista, CA 92081. If you have any questions, please contact Lisa Soto at (760) 597-3158. Thank you for your consideration. Sincerely, Roy A. Coox General Manager 1391 Engineer Street  Vista, California 92081-8840 Phone (760) 597-3100  Fax: (760) 598-8757 www.vid-h2o.org Board of Directors Jo MacKenzie, President Paul E. Dorey Marty Miller Randy L. Reznicek Richard L. Vásquez Administrative Staff Roy A. Coox General Manager Eldon L. Boone Assistant General Manager / Treasurer Lisa R. Soto Board Secretary Joel D. Kuperberg General Counsel JJoo MMaaccKKeennzziiee PROVEN EXPERIENCE LEADING SPECIAL DISTRICTS • Dedicated • fiscally responsible • Committed to Special Districts                 CSDA EXPERIENCE:   President 2011    Vice President, 2010   Treasurer, 2008 and 2009   CSDA Finance Corporation, 2007‐2012, President 2012, 2013 and 2015   Fiscal Committee Chair, 2008 and 2009   Audit Committee Chair, 2008   Legislative Committee, 2004‐2015; Chair, 2006‐2010 and 2012   Membership Committee Member, 2011 to present  DISTRICT EXPERIENCE:   Elected in 1992, Board of Directors, Vista Irrigation District (CSDA District of Distinction)   Served on and chaired District Committees   One of the principal negotiators for the San Luis Rey Water Rights Settlement Agreement between VID, five  Indian Bands, the City of Escondido, and the Federal Government  OTHER LEADERSHIP POSITIONS:   ACWA Board of Directors, 2014‐2015   ACWA Local Government Committee, 2012 to present; Chair 2014‐2015   ACWA Region 10 Board, Vice Chair, Alternate Chair, Director, 1997‐2010   San Diego LAFCO, Regular Special Districts Member, 2015   San Diego LAFCO, Alternate LAFCO Commissioner, 2008 to 2014   San Diego LAFCO Special District Advisory Committee, 1994‐2008, Chair 2005‐2008   CSDA San Diego Chapter, Board Member 1993 to present, President 1998‐2000   Special District Leadership Foundation Board of Directors, Treasurer 2014 and 2015  COMMUNITY INVOLVEMENT:   San Marcos Planning Commissioner, 1979‐1986   San Marcos Traffic Commission, 1999‐2004   San Marcos Budget Review Committee, 1980‐1982 and 1995‐2006, Chair 1996‐2006   San Marcos Chamber of Commerce, Lifetime Ambassador  RECOGNITIONS:   Special District Official of the Year by PublicCeo, 2011   CSDA Legislative Advocate of the Year, 2010   Graduate CSDA Leadership Academy   Graduate Leadership 2000, Cal State San Marcos  It would be an honor to continue serving special districts on the CSDA Board of  Directors. I am committed to building on the present foundation of CSDA’s educational  programs and legislative and public outreach, so that CSDA continues to be recognized  as the voice of all special districts. My enthusiasm, commitment, and comprehensive  knowledge of special districts and LAFCO, along with my years of experience, will help  me to serve as a member of the CSDA Board representing the Southern Network  (Region 6).  Resolution No. 15-09 Concurring in the Nomination of Jo MacKenzie to the CSDA Board of Directors 1 RESOLUTION NO. 15-09 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT CONCURRING IN THE NOMINATION OF JO MACKENZIE TO THE CSDA BOARD OF DIRECTORS WHEREAS, the California Special Districts Association (CSDA) is holding an election for its Board of Directors for the Southern Network (Region 6), Seat A for the 2016-19 term; and WHEREAS, the Yorba Linda Water District is a voting member of CSDA and a voting member for the Southern Network (Region 6), Seat A; and WHEREAS, the incumbent, Jo MacKenzie, of the Vista Irrigation District is seeking re- election for this position; and WHEREAS, Jo MacKenzie has been involved with the CSDA Board since 2003 and has served in a wide variety of roles including Board President in 2011, Vice President in 2010, and Treasurer in 2008 and 2009; and WHEREAS, the Board of Directors of the Yorba Linda Water District believes that Jo MacKenzie is an effective member of the CSDA Board. NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Yorba Linda Water District does concur in the nomination of Jo MacKenzie to represent the Southern Network (Region 6), Seat A, on the CSDA Board of Directors; and BE IT FURTHER RESOLVED that the Board Secretary is hereby directed to transmit a certified copy of this resolution to the attention of the Board Secretary of the Vista Irrigation District at 1391 Engineer Street, Vista CA 92081, forthwith. PASSED AND ADOPTED this 11th day of May 2015, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Ric Collett, President Yorba Linda Water District Resolution No. 15-09 Concurring in the Nomination of Jo MacKenzie to the CSDA Board of Directors 2 ATTEST: Marc Marcantonio, Board Secretary Yorba Linda Water District ITEM NO. 10.1 AGENDA REPORT Meeting Date: May 11, 2015 Subject:Status of Legislative Affairs ATTACHMENTS: Name:Description:Type: YLWD_Report_May_2015.pdf Backup Material Backup Material Southern California Office ▪1401 Dove Street, Ste. 330, Newport Beach, CA, 92660 • Phone (949) 399-9050 • Fax (949) 476-8215 Northern California Office ▪ 436 14th Street • Suite 732 • Oakland, CA 94612• Phone (510) 835-9050 • Fax (510) 835-9030 State Capitol Office ▪ 1121 L Street • Suite 607 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-2063 Federal Office • 600 Pennsylvania Avenue, SE, Suite 207 • Washington, DC • Phone (202) 546-8696 • Fax (202) 546-4555 M E M O R A N D U M To: Yorba Linda Water District From: Townsend Public Affairs, Inc. Date: May 6, 2015 Subject: Monthly Political and Activity Report State Political Update On April 1, given the state’s ongoing and extreme drought conditions, and building on the Emergency Drought Package passed in March, Governor Brown issued an executive order (EO) calling for urban water reduction across the state of 25 percent. The State Water Resource Control Board (SWRCB), Department of Water Resources (DWR) and California Energy Commission (CEC) each have been tasked to create programs, regulations and incentives to achieve the Governor’s mandate. Based on the recommendations made by the SWRCB, the Yorba Linda Water District (YLWD) fell into the highest tier for required water conservation, from Tier 4 requiring a 35 percent reduction, released April 7, to Tier 9 requiring a 36 percent in an updated proposal from April 28. In response to the State’s proposed conservation mandates, TPA worked directly with staff to ensure that the District’s concerns with the methodology for calculating water use were communicated to the SWRCB. The impacts the Governor’s EO would have on the District were presented during an exclusive call between the District staff and Caren Trgovcich, Chief Deputy Director for the SWRCB, as well as other senior SWRCB staff. The call focused on three main points: the annual financial impact to the District, which represents over $9 million in lost revenue, the public safety concern in meeting safe drinking water standards related to biological demand in dead-end pipes that need to be flushed, and mandatory watering requirements from the local fire authority, another significant public safety issue. More details on the Governor’s EO can be found below. Throughout the month of April, legislation moved through policy committees in order to meet legislative deadlines. For bills tagged fiscal need to be heard by policy committees by May 1, while non-fiscal bills, the deadline to be heard by policy committees is May 15. Those pieces of legislation that have been double referred, or assigned to two committees, need to be heard and pass through both policy committees in order to meet the deadline. Approximately May 14, Page 2 of 5 the Governor will present the May Revise. The upcoming budget proposal is expected to have nearly $1 billion in additional funding, based on current economic projections. The final budget is constitutionally required to be passed by midnight on June 15. On July 17, the Legislature will break for summer recess, reconvening after a month on August 17. California income tax collections in April have already exceeded the Governor’s January estimates. It is anticipated by the Legislat ive Analyst’s Office (LAO) that by June 30, state revenue could exceed the January estimates by more than $4 billion. With higher than expected tax revenues, generated by strong economic trends throughout California, there is a projected surplus in the budget of $1.1 billion. The LAO analyst has already indicated that it is likely that the bulk of additional revenues would be targeted toward schools and community colleges. Recent estimates also indicate that the Cap and Trade program may also see a rise in revenues up to $1 billion, which is designated for use in carbon -reducing programs. TPA is tracking the Governor’s budget revisions for expanded or potentially new funding sources for District priority projects. Governor Brown’s Executive Order B-8-29 On April 1, 2015, the Governor issued an EO for water reduction and a directive for mandatory water use reductions in cities across California by 25 percent. The reduction is intended to preserve approximately 1.5 million acre -feet of water over the next nine months. Areas with higher per-capita water use will be required to achieve greater reductions in water use than those with lower per-capita use. In order to enforce the EO, each water provider that delivers water to homes and businesses will be tasked t o comply and carry out the EO in order to substantially change the behavior of water conservation. If water suppliers do not comply with the State mandates, they may face a fine up to $10,000 a day. The EO requires the DWR and the SWRCB to undertake specific activities to ensure the intent of the EO is met. All cities and counties will also be required to report on their implementation of this ordinance at the end of 2015. The sections below describe the actions to be taken at the direction of the Governo r’s EO by the SWRCB, DWR, and the CEC. State Water Resource Control Board The SWRCB met April 10 to begin implementation of the EO. The following timeline is the current estimate for the adoption period and regulatory development process: April 7, 2015: Release of draft regulatory framework and request for public comment April 13, 2015: Public comment on regulatory framework deadline April 17, 2015: Release of draft regulation for informal public comment April 28, 2015: Emergency rulemaking formal notice May 5 or 6, 2015: Board hearing and adoption of regulations Regulatory Framework: Urban Water Suppliers Page 3 of 5 As the EO directs, the SWRCB must consider the relative per capita water usage of each water suppliers’ service area and have those areas with high per capita use achieve greater reductions. The SWRCB is going to use the September 2014 resident per capita (R -GPCD) reporting period to serve as a reasonable basis for placement of the 411 urban water suppliers. The following categories are updated from t he categories for restrictions initially proposed by the SWRCB, which mandated water reduction to take place at 10, 20, 25, and 35 percent levels. The updated tiered rate system calls for a broader range of reductions, with a more narrowly tailored reduction number depending on R-GPCD. Tiers R-GPCD Range Number of Suppliers in Range Conservation Standard 1 Reserved 0 4 percent 2 0 to 64.99 23 8 percent 3 65 to 79.99 21 12 percent 4 80 to 94.99 42 16 percent 5 95 to 109.99 41 20 percent 6 110 to 129.99 51 24 percent 7 130 to 169.99 73 28 percent 8 170 to 214.99 66 32 percent 9 215 to 612 94 36 percent Yorba Linda Water District falls under the 9th Tier based on Residential Gallons Per Capita Daily (R-GPCD) use. This represents a one percent increase in conservation demands from the initially proposed tiered conservation requirements. There are no proposed specific use reduction targets for commercial, industrial, and institutional users served by urban or other water suppliers. However, water suppliers have been tasked with deciding how to meet their conservation standard through reductions from both residential and non-residential users. Department of Water Resources (DWR) The DWR has a Drought Team in place that is currently working on options for the DWR to assist in the Department’s drought remediation efforts. DWR, per the Governor’s EO, is developing a Turf Replacement Program with the goal o f replacing 50 million square feet of turf. It was noted during a presentation by a DWR representative that the state would not be able to solely fund the removal of $50 million square feet of turf, but would rather be working through existing programs. DW R intends to have a process established which will include a combination of funding and promoting current conservation programs. Particularly, DWR would like to focus on underserved communities. In addition, DWR wants to promote the use of grey - water, stormwater capture, and other water use efficiency approaches. DWR is fast -tracking the process over the next 45 to 60 days. Page 4 of 5 California Energy Commission (CEC) The CEC met on April 8 for their monthly commission business meeting with an added agenda item in response to the Governor’s EO. Per the EO, the CEC has been directed to adopt emergency regulations establishing efficiency standards for water appliances. The CEC voted on whether a need existed for immediate action and if so, what the action would be re quired to fulfill it. The CEC voted to adopt a Toilet, Urinal, and Faucet Water Efficiency Regulation, which will, as of January 1, 2016, prohibit the sale or offer of sale of covered toilets, urinals, and faucets that do not meet minimum water efficiency requirements, and will prohibit the installation of such fixtures. This means that only low-flush toilets and low-flow sinks will be allowed for sale beginning January 1, 2016, regardless of when they were manufactured. The action also means all urinals will have to use only one pint or less per flush. This mandate will apply to both public places and private residences. The new mandate will set a historic efficiency standard for appliances. The CEC estimates that the newly approved standards will save 10 billion gallons of water in the first year, and more than 100 billion gallons as old appliances are replaced by new ones. Water Bond Implementation On April 15, TPA attended a Water Recycling Funding presentation from the SWRCB on draft program guidelines. Of the $725 million in funding for Water Recycling from Proposition 1, $625 million will be administered by the SWRCB, with the remaining $100 million administered by DWR for desalination projects. Funding administered by the State Board will b e split, half for low interest loans, and half for grants. As those loans are paid back from borrowing entities, those funds will be split again, putting half the funds back into the loan program, allocating the other half to continue grants for recycling. For planning grants, which the District is eligible to apply for in 2015, the maximum funding available is $75,000 up to 75 percent of the planning cost. The draft guidelines are expected to be adopted by the SWRCB in July of 2015, at which time projects may begin to seek funding. Unlike competitive grant programs, the Water Recycling program has no specified application window, or call for projects period that will close and end the ability of an entity to apply for funding. The application process has multiple components, and stages, as detailed below: Financial Assistance Application o Financial Assistance Review o Financial Assistance Agreement Final Budget Approval o Final Budget Agreement, Amended CC Date Final Project Report Annual Reports Page 5 of 5 Proposition 84 Round 3 Funding Integrated Regional Water Management Beginning in January of 2015, TPA has been attending and tracking the development of the final round of Proposition 84 funding for the Integrated Regional Water Management (IRWM) program, administered by the Santa Ana Watershed Project Authority (SAWPA). The call for projects for the final round of funding opened on April 21, with $60 million available for projects. This is the largest funding allocation for Proposition 84 IRWM projects, and no cap has been placed on applications. The call for project window will close Wednesday, May 27 at 5:00 PM. The short call for projects window is the result of an accelerated timeline from DWR to finish allocating funds from Proposition 84 in order to make room for incoming funding from Proposition 1. Once project applications have been submitted to SAWPA, they will be considered by a project review committee (PRC), who will make a recommendation on inclusion for the SAWPA application to DWR. DWR is expected to share their draft award recommendations in November, and award announcement are expected in December 2015. While TPA has met with staff to discuss potential projects to fund under this opportunity, particularly a future regional partnership lead by the YLWD, and Municipal Water District of Orange County (MWDOC) to implement a leak detection program to address infrastructure water loss. At this time the project appears to be a better fit for Integrated Regional Water Management grant funding from the water bond in 2016. To effectively implement a leak detection program, partnering agencies/retailers would need to complete a number of steps, including but not limited to a water loss audit, pressurization testing, and meter testing. The water loss audit should be completed by a large number of water retaile rs by the end of the year. The results of that audit will help determine the potential water saving available on both a local and system wide scale. ITEM NO. 12.2 AGENDA REPORT Meeting Date: May 11, 2015 Subject:YLWD-City of Placentia Joint Agency Committee (Melton / Kiley) · Minutes of the meeting held April 7, 2015 at 9:00 a.m. · Next meeting is scheduled to be held June 16, 2015 at 9:00 a.m. and will be held at Placentia City Hall. ATTACHMENTS: Name:Description:Type: 040715_City_of_Placentia_-_Minutes.doc Minutes Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT JOINT COMMITTEE MEETING WITH CITY OF PLACENTIA Tuesday, April 7, 2015, 9:00 a.m. 1717 E Miraloma Avenue, Placentia CA 92870 The April 7, 2015 meeting of the YLWD/City of Placentia Joint Agency Committee was called to order at 9:00 a.m. The meeting was held in the Admin Conference Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 1. CALL TO ORDER 2. ROLL CALL YLWD COMMITTEE MEMBERS YLWD STAFF Gary T. Melton, Director Marc Marcantonio, General Manager Robert R. Kiley, Director Steve Conklin, Engineering Manager Damon Micalizzi, Public Information Mgr CITY OF PLACENTIA MEMBERS CITY OF PLACENTIA STAFF Craig Green, Councilmember Damien Arrula, Asst City Administrator Michael McConaha, Pub Wks Manager Jonathan Nicks, Dir of Comm Services Joel Cardenas, Pub Works Supt 3. PUBLIC COMMENTS None. 4. ACTION CALENDAR 4.1. Minutes of the YLWD/City of Placentia Joint Agency Committee Meeting held February 24, 2015 The minutes were approved with minor corrections noted. 5. DISCUSSION ITEMS 5.1. Drought Response and Water Conservation Efforts Mr. Micalizzi described the recent announcement by Governor Brown calling for greater reductions in water use due to the negligible snow pack in the Sierras and the fourth year of the drought. Mr. Micalizzi indicated that the MWD Board will meet on April 14, 2015 and is expected to approve moving to Stage 2 to Stage 4, calling for 10% to 25% reduction in the use of MWD water. Mr. Marcantonio described the challenges for YLWD and its Board to enact the conservation measures that may be 2 called for and to monitor conformance with the measures. Mr. Arrula suggested that a representative from Golden State W ater Company be asked to attend and participate in the future Joint Committee meetings; he volunteered to contact GSWC about attending future meetings. It was also discussed and agreed that representatives from YLWD, GSWC and perhaps MWDOC would participate in a presentation to the Placentia City Council on May 5, 2015 to discuss the drought and the water-use reductions being called for. 5.2. Vehicle and Equipment Sharing Mr. McConaha handed out a list of current City-owned vehicles and equipment and Mr. Conklin provided same for the District. Regarding a potential format for an agreement between the two agencies for vehicle sharing, Mr. Conklin handed out a copy of the “Articles of Agreement California Water/Wastewater Agency Response Network WARN 2007 Omnibus Mutual Assistance Agreement.” It was agreed that Messrs. McConaha and Conklin will review that agreement and see if it can be modified and simplified for our use. 5.3. Status of City of Placentia Sewer Master Plan and Sewer Services Mr. McConaha reported that the City will be retaining Mr. Rob Hamers to assist the agency with the preparation of the RFP for the preparation of the sewer master plan. He estimated that the final master plan will be complete about one year from now. 5.4. Project Coordination for Planned Street and Pipeline Projects in FY 2015/16 Mr. McConaha provided Mr. Conklin with a CD copy of the City’s proposed Capital Improvement Program for review and information. The purpose of this exchange and future discussions is to coordinate on projects so that planned substructure work can be scheduled and completed before planned paving and other street improvement projects. 5.5. Items for Next Agenda The Committee requested the same four items for the next agenda with the addition of Emergency Preparedness Coordination. 6. ADJOURNMENT 6.1. The meeting was adjourned at 10:35 a.m. The next YLWD/City of Placentia Joint Agency Committee meeting is scheduled for June 16, 2015 at 9:00 a.m. Placentia City Hall. SC ITEM NO. 12.3 AGENDA REPORT Meeting Date: May 11, 2015 Subject:YLWD-City of Yorba Linda Joint Agency Committee (Collett / Beverage) · Minutes of the meeting held April 28, 2015 at 10:00 a.m. · Next meeting is scheduled to be held May 19, 2015 at 10:00 a.m. and will be held at YL City Hall. ATTACHMENTS: Name:Description:Type: 042815_City_of_YL_-_Minutes.docx Minutes Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT JOINT COMMITTEE MEETING WITH CITY OF YORBA LINDA Tuesday, April 28, 2015 10:00 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The April 28, 2015 meeting of the YLWD/City of Yorba Linda Joint Agency Committee was called to order at 10:00 a.m. The meeting was held in the District’s Engineering Conference Room located at 1717 E Miraloma Avenue, Placentia CA 92870. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL YLWD COMMITTEE MEMBERS YLWD STAFF Ric Collett, President Marc Marcantonio, General Manager Michael J. Beverage, Vice President Steve Conklin, Engineering Manager Damon Micalizzi, Public Information Manager CITY OF YORBA LINDA MEMBERS CITY OF YORBA LINDA STAFF Gene Hernandez, Mayor Mark Pulone, City Manager Michael Wolfe, Public Works Director/City Engineer OTHER ATTENDEES Rosemarie Sauer Nancy Stevens Eddy Jackson Judy Murray 4. PUBLIC COMMENTS 4.1. Public Comments Ms. Rosemarie Sauer spoke to the Committee to express her concern that YLWD will be requesting more cutbacks in residential water use. She commented that she is already a committed water saver and that there is little more that she can do to reduce her water use. Ms. Sauer showed the Committee her recent water bills, which showed her low per-capita water use, for which the Committee thanked her for her efforts and community concern. Ms. Nancy Stevens expressed similar concerns, that she, too, is saving water wherever she can. Mr. Marcantonio thanked Ms. Sauer and Ms. Stevens and said that the District is concerned with a District-wide reduction in water use and will be looking for residents who are wasting water. 2 Ms. Judy Murray expressed her concern with landscape watering and the need for cutbacks in water use. The Committee assured her that in addition to residential landscape that landscape areas irrigated by the City, HOAs and the school district would also be subject to the cutbacks in water use. Mr. Jackson commented that he attended the meeting regarding the issue of cutbacks in water use, but was concerned that this meeting was not noticed on the City’s website, but was on the District’s website. He noted that the meeting at the District was not in the boardroom and that there were no signs as to its location. The Committee apologized for the situation, noting that the meeting was moved to a conference room because of training previously scheduled for the boardroom, and that the City will check on the posting concern. 5. ACTION CALENDAR 5.1. Minutes of the YLWD/City of Yorba Linda Joint Agency Committee Meeting held February 10, 2015 The Committee approved the minutes as presented. 6. DISCUSSION ITEMS 6.1. State Water Resources Control Board Regulatory Framework - Governor's Executive Order B-29-15 Mr. Marcantonio described the recent actions by the Governor and that the final order by the SWRCB is expected to be set on May 6, 2015. Thereafter, the YLWD Board will meet on May 11, 2015 and will likely take action that could move the District’s Drought Ordinance to Stage 3, calling for landscape irrigation limited to 2 days per week. Mr. Marcantonio discussed the letter he sent to the State Board, and reviewed the process that the District uses to notify violators of excess water use with two written warnings and then issuance of a $250 fine on the third violation. 6.2. Drought Response and Water Conservation Efforts Mayor Hernandez asked that there be continuing close coordination between City and District staff on the further developing drought response and conservation requirements. It was agreed that Mr. Michael Wolfe will be the City’s contact, working with Messrs. Conklin and Micalizzi at the District, to keep the citizens apprised of the situation. Mr. Marcantonio discussed his draft PowerPoint presentation to the Committee that he will be presenting to SWRCB staff on April 29, 2015 via a conference call. 6.3. Cielo Vista and Esperanza Hills Development Projects This item was continued to the following meeting due to time constraints. 6.4. Sharing of GIS Files This item was continued to the following meeting due to time constraints. 3 6.5. Joint Agency Water Conservation Demonstration Project Mr. Wolfe reported that the City is looking at sites for water conservation demonstration areas. 6.6. Potential Future Agenda Items The same items were suggested for the next meeting, concentrating on the drought response and water conservation requirements. 7. ADJOURNMENT 7.1. The meeting was adjourned at 11:36 a.m. The next YLWD/City of Yorba Linda Joint Agency Committee meeting is scheduled for Tuesday, May 19, 2015 at 10:00 a.m. at YL City Hall. SC/DM ITEM NO. 14.1 AGENDA REPORT Meeting Date: May 11, 2015 Subject:Meetings from May 12, 2015 - June 30, 2015 ATTACHMENTS: Name:Description:Type: BOD_-_Activities_Calendar.pdf Backup Material Backup Material Event Date Attendance by: May 2015 LAFCOWed, May 13Beverage (As Needed) Yorba Linda Planning CommissionWed, May 13Melton Drought Response Grant Program WorkshopThu, May 14Beverage/Collett/Kiley/Melton OCWDThu, May 14Collett Yorba Linda LMCACThu, May 14Beverage (As Needed) OC Water SummitFri, May 15Collett/Kiley/Melton Citizens Advisory Committee MeetingMon, May 18Collett Board of Directors Special MeetingMon, May 18Tour of Mesa WD Facility Joint Committee Meeting with City of Yorba LindaTue, May 19Collett/Beverage Yorba Linda City CouncilTue, May 19Collett MWDOCWed, May 20Melton Employee PicnicWed, May 20 OCWDWed, May 20Kiley Board of Directors Workshop MeetingThu, May 21 District Offices ClosedMon, May 25 Joint Committee Meeting with MWDOC and OCWDTue, May 26Collett/Melton Yorba Linda Planning CommissionWed, May 27Hawkins OCSDWed, May 27Kiley/Beverage Board of Directors Regular MeetingThu, May 28 Yorba Linda LMCACThu, May 28Beverage (As Needed) June 2015 Yorba Linda City CouncilTue, Jun 2Beverage MWDOCWed, Jun 3Melton OCSD Operations CommitteeWed, Jun 3Kiley/Beverage OCWDWed, Jun 3Collett WACOFri, Jun 5Hawkins/Kiley AWWA ACE15 ConferenceSun, Jun 7Collett/Kiley/Melton AWWA ACE15 ConferenceMon, Jun 8Collett/Kiley/Melton AWWA ACE15 ConferenceTue, Jun 9Collett/Kiley/Melton AWWA ACE15 ConferenceWed, Jun 10Collett/Kiley/Melton AWWA ACE15 Smaller Utilities SessionWed, Jun 10Hawkins Yorba Linda Planning CommissionWed, Jun 10Melton Board of Directors Regular MeetingThu, Jun 11 Yorba Linda LMCACThu, Jun 11Beverage (As Needed) Joint Committee Meeting with City of PlacentiaTue, Jun 16Melton/Kiley Yorba Linda City CouncilTue, Jun 16Collett LAFCOWed, Jun 17Beverage (As Needed) MWDOCWed, Jun 17Melton OCWDWed, Jun 17Kiley Board of Directors Workshop MeetingThu, Jun 18 Citizens Advisory Committee MeetingMon, Jun 22Collett OCSDWed, Jun 24Kiley/Beverage Yorba Linda Planning CommissionWed, Jun 24Hawkins Board of Directors Regular MeetingThu, Jun 25 Yorba Linda LMCACThu, Jun 25Beverage (As Needed) 6:30PM 8:30AM 6:30PM 8:00AM 8:30AM 5:30PM 8:30AM 8:30AM 6:30PM 8:30AM 6:30PM 8:30AM 6:30PM 9:00AM 6:30PM 5:30PM 7:30AM 8:00AM 8:00AM 8:00AM 8:00AM 6:30PM 6:30PM 8:30AM 5:00PM 8:30AM 7:00AM 4:00PM 6:30PM 6:30PM 8:30AM 11:00AM 10:00AM 6:30PM 8:30AM 12:00PM 5:30PM 6:30PM 11:30AM 5:30PM 6:30PM 7:30AM 8:00AM Board of Directors Activity Calendar Time 8:00AM 5/7/2015 11:28:36 AM