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Home My WebLink About2017-12-12 - Board of Directors Meeting Agenda Packet (B) AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, December 12, 2017, 6:30 PM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL J. Wayne Miller, President Al Nederhood, Vice President Andrew J. Hall, Director Phil Hawkins, Director Brooke Jones, Director 4. ADDITIONS/DELETIONS TO THE AGENDA 5. INTRODUCTIONS AND PRESENTATIONS 5.1. Elected Official Liaison Reports 6. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to three minutes. 7. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 7.1. Reorganization of the Board of Directors and Appointment of Officers Recommendation: That the Board of Directors: (1) nominate and elect a President; (2) nominate and elect a Vice President; and (3) appoint staff to serve as the Secretary, Assistant Secretary and Treasurer for the next calendar year. 7.2. Adjourn to Yorba Linda Water Public Financing Corporation and Financing Authority Regular Meetings 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. Minutes of the Board of Directors Special and Regular Meetings Held November 28, 2017 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors: (1) ratify and authorize disbursements in the amount of $1,044,835.41; and (2) authorize payment of other unpaid bills due before year end which will be disbursed on December 21, 2017 and presented for ratification at the January 9, 2018 regular meeting. 8.3. Claim for Damages Filed by Outsource Utility Contractor Corp Recommendation: That the Board of Directors reject and deny the claim filed by Outsource Utility Contractor Corp. 9. ACTION CALENDAR CONTINUED 9.1. Board of Directors Compensation Recommendation: That the Board of Directors review the Directors' current compensation rate and determine if it should remain the same for the next calendar year. 9.2. Establishment of Committees and Committee, Agency and Intergovernmental Meeting Assignments Recommendation: That the Board of Directors: (1) consider the currently established committees and determine their continuing relevance; and (2) review the available committee, agency and intergovernmental meeting assignments and provide their preferences to the newly elected President by Wednesday, December 27, 2017. 9.3. Amending the General Manager's Employment Agreement Recommendation: That the Board of Directors: (1) approve the Fourth Amendment to the Employment Agreement for the position of General Manager as negotiated by the District's Designated Representative; and (2) adopt Resolution No. 17-39 approving the Classification and Salary for the General Manager effective September 2, 2017 and rescinding Resolution No. 17-25. 9.4. Approval of Change Order Number 2 for the Fairmont Booster Pump Station Upgrade Project Recommendation: That the Board of Directors approve Change Order No. 2 for $108,819.00 and 35 additional calendar days to Pacific Hydrotech Corporation for construction of the Fairmont Booster Pump Station Upgrade Project, Job No. 2010- 11B. 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. Request for Proposals for General Counsel Services (Nederhood) 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. Directors' Reports 11.2. General Manager's Report 11.3. General Counsel's Report 11.4. Future Agenda Items and Staff Tasks 12. COMMITTEE REPORTS 12.1. Interagency Committee with MWDOC and OCWD (Miller/Nederhood) · Next meeting scheduled January 25, 2018 at 4:00 p.m. 12.2. Joint Agency Committee with City of Yorba Linda (Miller/Hawkins) · Next meeting scheduled December 18, 2017 at 4:00 p.m. at YL City Hall. 12.3. Joint Agency Committee with City of Placentia (Miller/Nederhood) · Next meeting yet to be scheduled. 13. INTERGOVERNMENTAL MEETINGS 13.1. ACWA Fall Conference - November 28-30, 2017 (Jones/Miller/Nederhood) 13.2. YL Planning Commission - November 29, 2017 (Hawkins - As Needed) 13.3. ISDOC Executive Committee - December 5, 2017 (Nederhood) 13.4. NWRI/DWR Precipitation Forecasting Workshop - December 5, 2017 (Jones/Nederhood) 13.5. YL City Council - December 5, 2017 (Hall) 13.6. MWDOC Board - December 6, 2017 (Nederhood) 13.7. OCSD Operations Committee - December 6, 2017 (Hawkins) 13.8. OCWD Board - December 6, 2017 (Jones) 13.9. WACO - December 8, 2017 (Nederhood) 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from December 13, 2017 - January 31, 2018 15. CONFERENCES, SEMINARS, AND SPECIAL EVENTS This section of the agenda is for the Board of Directors to authorize Director attendance at the listed events. 15.1. UWI Spring Conference - February 7-9, 2018 Recommendation: That the Board of Directors approve Director attendance at this event if desired. 16. ADJOURNMENT 16.1. The regular Board of Directors Meeting scheduled Tuesday, December 26, 2017 at 6:00 p.m. has been cancelled. The next Regular Board of Directors Meeting will be held Tuesday, January 9, 2018. Closed Session will begin at 5:30 p.m. and regular business at 6:30 p.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: December 12, 2017 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Reorganization of the Board of Directors and Appointment of Officers SUMMARY: Pursuant to Section 6.0 of the Board of Directors' Policies and Procedures (Resolution No. 16-12), 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. Additionally, the Board is required to appoint the Municipal Corporation Officers of Secretary, Assistant Secretary, and Treasurer. STAFF RECOMMENDATION: That the Board of Directors: (1) nominate and elect a President; (2) nominate and elect a Vice President; and (3) appoint staff to serve as the Secretary, Assistant Secretary and Treasurer for the next calendar year. DISCUSSION: The powers and duties of the President, Vice President, Secretary, Assistant Secretary, and Treasurer are set forth in the County Water District Law and the Board of Directors' Policies and Procedures. In summary, the President's duties are as follows: Assume the chair of the Presiding Officer immediately after election. Make committee, agency, and intergovernmental meeting assignments, subject to consent of the Board. Conduct the proceedings of the Board. Sign all ordinances, resolutions and contract documents approved and adopted by the Board. Perform other duties imposed by the Board. The Vice President will serve as the Presiding Officer and perform all of the above listed duties in the absence of the President. The Secretary, or Assistant Secretary in the absence of the Secretary, attests all ordinances and resolutions approved and adopted by the Board, countersigns all contract documents approved and adopted by the Board, prepares the minutes of each meeting held by the Board, and performs other duties as imposed by the Board in accordance with governing laws and regulations. The Treasurer installs and maintains a system of auditing and accounting that completely and at all times shows the financial condition of the District, and also performs other duties as imposed by the Board in accordance with governing laws and regulations. A member of the Board cannot serve as the General Manager, Secretary, Assistant Secretary or Treasurer. However, the same person can be appointed as General Manager and Secretary or Secretary and Treasurer. The General Manager cannot serve as the Treasurer. There is no additional compensation for serving as an appointed officer if the individual is an employee of the District. ITEM NO. 8.1 AGENDA REPORT Meeting Date: December 12, 2017 Subject:Minutes of the Board of Directors Special and Regular Meetings Held November 28, 2017 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2017-11-28_-_Minutes_-_BOD_(A).doc Minutes Minutes 2017-11-28_-_Minutes_-_BOD_(B).doc Minutes Minutes Minutes of the YLWD Board of Directors Special Meeting Held November 28, 2017 at 5:30 p.m. 1 2017-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Tuesday, November 28, 2017, 5:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 5:33 p.m. 2. ROLL CALL DIRECTORS PRESENT STAFF PRESENT J. Wayne Miller, President Marc Marcantonio, General Manager Al Nederhood, Vice President Brett Barbre, Assistant General Manager Andrew J. Hall, Director Gina Knight, HR/Risk and Safety Manager Phil Hawkins, Director Annie Alexander, Executive Assistant Brooke Jones, Director ALSO PRESENT Andrew Gagen, Partner, Kidman Law LLP 3. PUBLIC COMMENTS None. 4. ACTION CALENDAR 4.1. Determination of Agency Designated Representative Director Hawkins made a motion, seconded by Director Hall, to appoint Andrew Gagen, General Counsel, as the District’s designated representative to negotiate an amendment to the present employment agreement with the General Manager in accordance with Government Code Section 54957.6(a). Motion carried 5-0. Minutes of the YLWD Board of Directors Special Meeting Held November 28, 2017 at 5:30 p.m. 2 2017-XXX 5. CLOSED SESSION The meeting was adjourned to Closed Session at 5:35 p.m. All Directors were present. Also present were General Counsel Andrew Gagen and HR/Risk and Safety Manager Gina Knight. 5.1. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representative: Andrew Gagen Unrepresented Employees: General Manager Closed session concluded at 6:34 p.m. General Counsel Gagen provided a report on action taken during this session at the regular meeting held immediately afterwards (see Item No. 10.3.). 5. ADJOURNMENT 5.1. The meeting ended at 6:34 p.m. Annie Alexander Assistant Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held November 28, 2017 at 6:30 p.m. 1 2017-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, November 28, 2017, 6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 6:36 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT J. Wayne Miller, President Marc Marcantonio, General Manager Al Nederhood, Vice President Brett Barbre, Assistant General Manager Andrew J. Hall, Director Steve Conklin, Engineering Manager Phil Hawkins, Director John DeCriscio, Operations Manager Brooke Jones, Director Gina Knight, HR/Risk and Safety Manager Delia Lugo, Finance Manager Art Vega, Information Technology Manager Annie Alexander, Executive Assistant Mike Carreon, Facilities Maintenance Worker ALSO PRESENT Andrew Gagen, Partner, Kidman Law LLP Peggy Huang, Mayor, City of Yorba Linda Keith Stribling, Senior Portfolio Manager, HighMark Capital Management Jennifer Meza, Senior Client Services Coordinator, Public Agency Retirement Systems Nik Weigand, Client Services Coordinator, Public Agency Retirement Systems 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. INTRODUCTIONS AND PRESENTATIONS 5.1. Elected Official Liaison Reports Mayor Peggy Huang reported on the status of the Yorba Linda Town Center. She then introduced the Friends Christian School robotics team, Motorbots, who provided a short presentation regarding their water use Minutes of the YLWD Board of Directors Regular Meeting Held November 28, 2017 at 6:30 p.m. 2 2017-XXX efficiency robotic device. The Board and staff commended the team on their efforts. Assistant General Manager Brett Barbre, in his role as Director, reported on recent Municipal Water District of Orange County (MWDOC) and Metropolitan Water District of Southern California (MWD) business. He also commented on the benefits of MWD’s Water Rate Stabilization Fund, the CA WaterFix, and other legislative activity. 6. PUBLIC COMMENTS None. 7. CONSENT CALENDAR Director Hawkins made a motion, seconded by Director Jones, to approve the Consent Calendar. Motion carried 5-0 with Director Hall abstaining from voting on Item Nos. 7.1. and 7.2. 7.1. Minutes of the Board of Directors Regular Meeting Held October 24, 2017 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Special Meeting Held November 8, 2017 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Minutes of the Board of Directors Special and Regular Meetings Held November 14, 2017 Recommendation: That the Board of Directors approve the minutes as presented. 7.4. Minutes of the Board of Directors Workshop Meeting Held November 16, 2017 Recommendation: That the Board of Directors approve the minutes as presented. 7.5. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,508,219.63. Minutes of the YLWD Board of Directors Regular Meeting Held November 28, 2017 at 6:30 p.m. 3 2017-XXX 7.6. Directors and General Manager Fees and Expenses Report for First Quarter of FY18 Recommendation: That the Board of Directors receive and file the Directors and General Manager Fees and Expenses Report for First Quarter of FY18. 8. ACTION CALENDAR 8.1. Selection of Investment Strategy for Public Agencies Post-Employment Benefits Trust with Public Agency Retirement Services (PARS) Staff explained the Board had previously determined to establish a PARS Public Agencies Post-Employment Benefits Trust for the purpose of pre- funding the District’s pension and OPEB obligations. Representatives from PARS and HighMark Capital Management were in attendance to present information and respond to questions regarding the selection of an investment strategy. Jennifer Meza from PARS reviewed the District’s Other Post-Employment Benefits (OPEB) actuarial results, California Public Employees’ Retirement System pension funding status, and projected employer contributions. Keith Stribling then reviewed HighMark Capital Management’s organizational structure, strategic asset allocation strategies and portfolios, and projected returns. Discussion followed regarding costs for shifting investment strategies, active versus passive portfolios, 5 and 10 year historical returns, long-term capital market assumptions, other participating agencies’ investment strategies, and utilizing different strategies for the District’s pension and OPEB funds in the Trust. Pat Nelson (resident) spoke in favor of a conservative investment strategy. Julia Schultz (resident) spoke in favor of a moderate investment strategy. Staff recommended the Board consider starting with the moderate rather than balanced investment strategy in order to pay down the District’s pension and OPEB liabilities more quickly. Discussion continued regarding the different investment objectives and the process and cost for changing strategies. Minutes of the YLWD Board of Directors Regular Meeting Held November 28, 2017 at 6:30 p.m. 4 2017-XXX Director Nederhood made a motion, seconded by Director Hall, to select the moderate active investment strategy for the pension and OPEB funds in the PARS Public Agencies Post-Employment Benefits Trust. Brief discussion ensued regarding the timeline for reevaluating the selected strategy, the moderately conservative versus moderate investment strategy, and how often status reports would be presented to the Board. Motion carried 3-2 with Directors Hawkins and Miller voting No. 8.2. Revising Budgeted Positions for the Remainder of Fiscal Year 2018 Staff explained that per the General Manager’s recommendation and for career progression, the Operations Manager’s classification would be placed at Range 39. In accordance with a recent modification to the Personnel Rules, this change was being presented to the Board for ratification. Staff also indicated that a revised copy of the resolution had been distributed to the Board and made available to the public at the beginning of the meeting. Director Hall made a motion, seconded by Director Miller, to adopt Resolution No. 17-37 as amended, revising the budgeted positions for the remainder of Fiscal Year 2018 and rescinding Resolution No. 17-21. Motion carried 5-0 on a Roll Call vote. 8.3. Modifying Classifications and Salary Ranges for Management Employees Staff noted that a revised copy of the resolution had been distributed to the Board and made available to the public at the beginning of the meeting. Staff also explained that pursuant to CA Code of Regulations 570.5, the Board was required to approve amendments to pay schedules in a regular open meeting. Director Hall made a motion, seconded by Director Hawkins, to adopt Resolution No. 17-38 as revised, amending Exhibit B of Resolution No. 15-08 to modify the Classifications and Salary Ranges for Management Employees for the remainder of Fiscal Years 2015-2018. Motion carried 5-0 on a Roll Call vote. Minutes of the YLWD Board of Directors Regular Meeting Held November 28, 2017 at 6:30 p.m. 5 2017-XXX 9. DISCUSSION ITEMS 9.1. Results of Fitch Surveillance and Potential Issuance of Customer Rebate Staff distributed and commented on a press release regarding Fitch’s reaffirmation of the District’s AA rating. Staff noted that no further action was required in regards to issuance of the rebate previously approved by a majority of the Board in September. Staff then reviewed the process and timeline for issuance of the rebate. The Board commended staff for their efforts. Brief discussion regarding the cost of the surveillance as requested by the District as compared to an invitation to participate in a surveillance followed. Pat Nelson (resident) spoke against the issuance of a rebate and in favor of investing the funds instead. Julia Schultz (resident) spoke against the issuance of a rebate and in favor of utilizing the funds to pay down the District’s debt. Terry Harris (resident) spoke in favor of issuing a rebate and reinstating the Citizens Advisory Committee to assist with the next budget process. Staff reviewed key information contained in the following financial reports. 9.2. Budget to Actual Reports for Period Ending October 31, 2017 9.3. Cash and Investment Report for Period Ending October 31, 2017 9.4. Unaudited Financial Statements for First Quarter of FY18 Discussion of Item No. 9.5. was deferred to the next regular meeting. 9.5. Request for Proposals for General Counsel Services (Nederhood) 9.6. Needs Assessment and Estimated Costs for Upgrading Audio/Visual System in Board Room (Nederhood) Staff reviewed the condition of the existing equipment and provided cost estimates for replacing the monitors and microphones. Discussion of other system enhancements followed. Staff also briefed the Board on the status of upgrading the District’s phone system. Minutes of the YLWD Board of Directors Regular Meeting Held November 28, 2017 at 6:30 p.m. 6 2017-XXX 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. Directors' Reports None. 10.2. General Manager's Report General Manager Marc Marcantonio asked each of the managers to report on activities within their respective departments. 10.3. General Counsel’s Report General Counsel Andrew Gagen reported that during the Closed Session held immediately before this meeting, the Board had directed staff to amend the General Manager’s contract to reflect a 3.1% salary increase and an additional week of vacation upon completion of the 4th year of employment. 10.4. Future Agenda Items and Staff Tasks Director Hall requested an agenda item in February/March 2018 to discuss the status and impact of the Governor’s action plan “Making Water Conservation a California Way of Life”. In the meantime, staff will continue to brief the Board on related activities during the General Manager’s report. Director Nederhood requested a copy of staff’s internal audit of the District’s warehouse inventory. It was noted that the annual appointment of officers and review of Directors’ compensation would take place at the next regular meeting. Director Jones requested an overview of the labor negotiations process. This will take place during Closed Session at the next regular meeting. 11. COMMITTEE REPORTS 11.1. Interagency Committee with MWDOC and OCWD (Miller/Nederhood) Minutes of meeting held November 20, 2017 at 4:00 p.m. Next meeting is scheduled January 25, 2018 at 4:00 p.m. Minutes of the YLWD Board of Directors Regular Meeting Held November 28, 2017 at 6:30 p.m. 7 2017-XXX 11.2. Joint Agency Committee with City of Yorba Linda (Miller/Hawkins) Next meeting is scheduled December 18, 2017 at 4:00 p.m. at YL City Hall. 11.3. Joint Agency Committee with City of Placentia (Miller/Nederhood) Next meeting yet to be scheduled. 12. INTERGOVERNMENTAL MEETINGS The Directors reported on their attendance at the following meetings. 12.1 MWDOC Board – November 15, 2017 (Nederhood) 12.2 OCWA Luncheon – November 15, 2017 (Jones/Miller) 12.3. OCSD Board – November 15, 2017 (Jones) 12.4. OCSD State of the District – November 17, 2017 (Hawkins/Jones/Nederhood) 12.5. YL City Council – November 21, 2017 (Nederhood) 12.6. ACWA/JPIA Fall Conference – November 27-28, 2017 (Nederhood) 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from November 29 – January 31, 2018 The Board reviewed the activity calendar and made no changes. 14. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 14.1 OCWA Luncheon – November 15, 2017 NWRI Workshop – December 5, 2017 Director Hall made a motion, seconded by Director Miller, to ratify and/or approve Director attendance at these events if desired. Motion carried 5-0. Minutes of the YLWD Board of Directors Regular Meeting Held November 28, 2017 at 6:30 p.m. 8 2017-XXX 15. ADJOURNMENT 15.1. The meeting was adjourned at 9:32 p.m. Annie Alexander Assistant Board Secretary ITEM NO. 8.2 AGENDA REPORT Meeting Date: December 12, 2017 Budgeted:Yes To:Board of Directors Cost Estimate:$1,044,835.41 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: (1) ratify and authorize disbursements in the amount of $1,044,835.41; and (2) authorize payment of other unpaid bills due before year end which will be disbursed on December 21, 2017 and presented for ratification at the January 9, 2018 regular meeting. DISCUSSION: The items on this disbursement list includes: A check of $56,989.80 to Cogsdale for the 2018 annual maintenance and support; a check of $62,431.76 to Kidman Law for November 2017 legal services; a check of $244,394.00 to Orange County Water District for October 2017 In-Lieu water; a check of $187,695.01 to Orange County Transportation Authority for J2010-02 Lakeview Grade Separation; and a wire of $6,784.55 to So. Cal Edison for Richfield Rd electricity charges for October 2017. The balance of $198,117.24 is routine invoices. The Accounts Payable check register total is $756,412.36; Payroll No. 24 total is $288,423.05 and the total of all listed disbursements for this agenda report is $1,044,835.41. A summary of the disbursements is attached. As discussed during the October 10, 2017 regular meeting, staff is also seeking authorization of payment for unpaid bills due before year end as the December 26, 2017 regular meeting has been cancelled. These payments will be disbursed on December 21, 2017 and then presented for Board ratification at the January 9, 2018 regular meeting. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. ATTACHMENTS: Name:Description:Type: 17-CS_1212.pdf Cap Sheet Backup Material CkReg121217.pdf Check Register Backup Material 17_CC_1212.pdf Credit Card Summary Backup Material Summary of Disbursements December 12, 2017 CHECK NUMBERS & WIRES: Computer Checks 71059—71118 $ 749,627.81 ____________ $ 749,627.81 WIRES: W 120617 So. Cal Edison $ 6,784.55 _____________ $ 6,784.55 TOTAL OF CHECKS & WIRES $756,412.36 PAYROLL NO. 24: Direct Deposits $ 184,416.75 Third Party Checks 6829—6835 $ 13,751.72 Payroll Taxes $ 53,378.56 EFT – CalPERS Payroll #24 $ 36,876.02 $ 288,423.05 TOTAL OF PAYROLLS $288,423.05 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $1,044,835.41 ================================================================== APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF DECEMBER 12, 2017 ==================================================================. Check No.Date Vendor Name Amount Description 71065 12/12/2017 A Plus Awards By Dewey 32.86 NAME PLATE - LOPEZ, J 71063 12/12/2017 Al Nederhood 165.22 TRAVEL EXPENSE - ACWA/JPIA AND MILEAGE REIMBURSEMENT FOR 71064 12/12/2017 Alternative Hose Inc.34.90 HOSE ASSEMBLY 71066 12/12/2017 Aqua-Metric Sales Co.23,816.31 WAREHOUSE STOCK 71067 12/12/2017 Aramark 381.95 UNIFORM SERVICE 71068 12/12/2017 AT & T - Calnet3 3,323.85 ATT CALNET3 71069 12/12/2017 Bee Busters, Inc 150.00 COLONY ABATAMENT - COMMERCIAL PROPERTY 71070 12/12/2017 Brithinee Electric 362.39 PRODUCTION REPAIR PARTS 71071 12/12/2017 Bryan Hong 190.00 CERTIFICATE REIMBURSEMENT - D3 71081 12/12/2017 C. Wells Pipeline 185.87 HYDRANT REPAIR PARTS 71074 12/12/2017 CalCard US Bank 10,423.92 VEHICLE MAINTENANCE - UNIT #200 71072 12/12/2017 Calif Special Districts Assn 6,842.00 2018 CSDA MEMBERSHIP RENEWAL 71073 12/12/2017 Calolympic Safety Co.95.78 CALIBRATION TEST 71075 12/12/2017 Carollo Engineers 13,646.55 YLWD ASSET MANAGEMENT PLAN UPDATE 71061 12/12/2017 CATERENA MILLER 32.64 CUSTOMER REFUND 71076 12/12/2017 CDW Government, Inc 2,096.49 NETWORKING EQUIPMENT 71077 12/12/2017 City Of Anaheim 2,021.29 RICHFIELD & LAKEVIEW -ELECTRICITY CHARGES- 10/11-11/13 71078 12/12/2017 Clinical Lab. Of San Bern.3,120.00 LAB SAMPLES - OCTOBER 2017 71079 12/12/2017 Cogsdale Services Corporation 56,989.80 ANNUAL MAINTENANCE & SUPPORT 2018 71080 12/12/2017 Culligan of Santa Ana 5.70 EQUIPMENT PE SOFTENER 71082 12/12/2017 Delta Wye Electric, Inc.4,920.00 BOX CANYON RTU PANEL BUILD 71083 12/12/2017 deRose Promos 289.10 YLWD - CEREMONIAL SCISSORS & ENGRAVING SERVICE - WELL 21 71084 12/12/2017 Dick's Lock & Safe Inc.369.91 (20) PADLOCKS 71085 12/12/2017 Edgar Araujo 80.00 CERTIFICATE REIMBURSEMENT - D2 71086 12/12/2017 Eisel Enterprises, Inc.2,111.91 438 & 666 BOXES, LIDS & COVERS 71087 12/12/2017 Fry's Electronics 3,160.63 IT HARDWARE & EQUIPMENT 71088 12/12/2017 George Chevrolet 28,885.97 2018 SILVERADO TRUCK - 3/4 TON - UNIT #219 71060 12/12/2017 GRACE HONG 125.69 CUSTOMER REFUND 71089 12/12/2017 Graybar Electric Co 1,124.05 INTERSTATE - BATTERIES 71062 12/12/2017 HARVEST REALTY DEVELOPMENT 374.91 CUSTOMER REFUND 71090 12/12/2017 Hedrick Fire Protection 900.00 FIRE SPRINKLER INSPECTION 71091 12/12/2017 Hi-Tech E V S, Inc./Crimson Fire 881.01 EMERGENCY EQUIPMENT SUPPLIES 71092 12/12/2017 Infosend Inc.5,641.41 POSTAGE AND PRINTING FEES 71094 12/12/2017 J & S Construction 11,425.00 CONCRETE REPAIR - MULTIPLE LOCATIONS 71093 12/12/2017 Jackson's Auto Supply - Napa 153.67 VEHICLE MAINTENANCE - UNIT #204 71095 12/12/2017 Kidman Law 62,431.76 LEGAL SERVICES 71096 12/12/2017 Los Angeles Times 61.07 EVERYDAY DELIVERY - 2/12/18 71097 12/12/2017 Marc Marcantonio 49.43 MILEAGE REIMBURSEMENT - NOVEMBER 2017 71098 12/12/2017 Mc Fadden-Dale Hardware 763.02 HARDWARE SUPPLIES AND TOOLS & EQUIPMENT 71059 12/12/2017 MICHAEL P MAREK 104.23 CUSTOMER REFUND 71118 12/12/2017 Muzak LLC 89.56 CUSTOMER MESSAGE/PHONE SERVICE - DECEMBER 2017 71099 12/12/2017 Nickey Kard Lock Inc 5,885.99 FUEL - 11/01/2017 - 11/15/17 71100 12/12/2017 Office Solutions 1,031.03 OFFICE & TONER SUPPLIES 71101 12/12/2017 Orange Coast Petroleum Equip.1,212.71 MECHANICS SHOP EQUIPMENT 71104 12/12/2017 Orange County - Transportation Authority 187,695.01 J2010-02- LAKEVIEW GRADE SEPARATION - RELOCATION 71102 12/12/2017 Orange County Register 240.70 OC REG -M-F- 26 WEEKS 71103 12/12/2017 Orange County Water District 244,394.00 IN LIEU WATER - OCTOBER 2017 71106 12/12/2017 P.T.I. Sand & Gravel, Inc.1,642.98 MATERIAL - 3/4 CL2 BASE 71105 12/12/2017 Praxair Distribution 158.43 WELDING SUPPLIES 71107 12/12/2017 R.E. Michel Company, LLC 1,112.18 AC PARTS & MATERIALS 71108 12/12/2017 Robotic Sewer Solutions Inc 20,850.00 SEWER LINE REPAIRS 71111 12/12/2017 S&J Supply Co.264.75 WAREHOUSE STOCK 71109 12/12/2017 Sanders Paving, Inc.22,756.25 ASPHALT PAVING - MULTIPLE LOCATIONS (28) 71110 12/12/2017 Siemens Industry 2,676.51 HYDRORANGER 200 & ECHOMAX XPS TRANSDUCER W120617 12/06/2017 Southern Calif Gas Co.6,784.55 RICHFIELD - OCTOBER 2017 71112 12/12/2017 Stantec Consulting Services In 612.00 J2010-11B - PROFESSIONAL SERVICE - FAIRMONT BOOSTER 71113 12/12/2017 Sunrise Medical Group 112.19 EMPLOYEE - MEDICAL SERVICES 71114 12/12/2017 The Shredders 66.00 SHRED ON SITE SERVICE 71115 12/12/2017 Time Warner Cable 2,023.73 SPECTRUM BUSINESS INTERNET 71116 12/12/2017 United Water Works, Inc.2,230.79 WATER SERVICE REPAIR PARTS & WAREHOUSE STOCK 71117 12/12/2017 YO Fire 6,802.71 CL2 REPLACEMENT PARTS & WAREHOUSE STOCK 756,412.36 Yorba Linda Water District Check Register For Checks Dated: 11/29/2017 thru 12/12/2017 11-30-2017 PAYROLL #24 - EMPLOYEE DIRECT DEPOSIT 184,416.75 11-30-2017 PAYROLL #24 - PAYROLL TAX PAYMENT 53,378.56 11-30-2017 PAYROLL #24 - CALPERS EFT 36,876.02 6829 11-30-2017 COLONIAL LIFE 128.30 6830 11-30-2017 LINCOLN FINANCIAL GROUP 3,921.72 6831 11-30-2017 NATIONWIDE RETIREMENT SOLUTIONS 8,359.79 6832 11-30-2017 GARNISHMENT 231.00 6833 11-30-2017 CA STATE DISBURSEMENT UNIT 366.92 6834 11-30-2017 CA STATE DISBURSEMENT UNIT 339.69 6835 11-30-2017 CA STATE DISBURSEMENT UNIT 404.30 288,423.05 Payroll Checks #24 Vendor Name Amount Description Joyce's Sushi 89.49 Travel Expense - CALPERS Education Forum for 3 attendees Las Casuelas 91.35 Travel Expense - CALPERS Education Forum for 4 attendees Blake's Place 2,263.33 District Event - Retirement of Barmer, D. Best Value Tire & Wheel 20.00 Vehicle Repair - Unit 200 Bunn 172.39 Brake Room Equipment OCWA 40.00 Registration for OCWA Luncheon for Director Miller Amazon.com 219.00 Vehicle Equipment - Unit 216, 217, & 218 AWWA 375.00 Registration for Water Loss Conference for Manzano, A OCWA 40.00 Registration for OCWA Luncheon for Director Jones IN-N-OUT RESTAURANTS 56.08 Lunch - Forklift Safety & Operations Training - 6 attendees Orchard Supply Hardware 9.15 Value Repair Parts Amazon.com 87.02 Cell Phone Supplies Golden Bell Products 204.73 Oil Supplies Home Depot 676.06 Concrete & Soil topper INTEROP 199.00 Registration for INTEROP for Vega, Art Mobile Industrial Supply 308.27 Welding Supplies Best Value Tire & Wheel 97.78 Vehicle Repair - Unit 204 Dell Marketing L.P.1,576.65 Notebook for Management Analyst Liebert Cassidy Whitmore 70.00 2018 Public Agency Legislative Webinar for 3 attendees Nat'l Water Research Institute 30.00 NWRI Workshop - Director Jones ONLINE Information Services, Inc.589.99 Online Collection transactions & utility exchange report Costco 76.69 District Event - Retirement, Barmer, D Dan Copp Crushing Corp.450.00 Dump Fee for Road Material First Aid Supplies 895.85 First-Aid Kit Replenishments Light Bulbs Etc 139.54 Lighting Supplies Placentia Disposal #676 529.50 (2) Front loads - Richfield Rd Praxair Distribution 140.25 Welding Supplies Home Depot 739.54 Hardware & Painting Supplies Home Depot 237.26 Painting Supplies 10,423.92 Cal Card Credit Card U S Bank ITEM NO. 8.3 AGENDA REPORT Meeting Date: December 12, 2017 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Gina Knight, HR/Risk and Safety Manager Dept:Human Resources/Risk Management Subject:Claim for Damages Filed by Outsource Utility Contractor Corp SUMMARY: A claim was filed with the District on November 17, 2017. STAFF RECOMMENDATION: That the Board of Directors reject and deny the claim filed by Outsource Utility Contractor Corp. DISCUSSION: On November 17, 2017, the District received a claim filed by Outsource Utility Contractor Corp for damages suffered on November 15, 2017. The Contractor stated that while digging a trench for a new 4" PVC electrical conduit, they ran into an unmarked water service line with their backhoe. The Contractor is requesting reimbursement for labor expenses due to work stoppage as his employees were on standby until the District's employees were able to repair the damaged water service line. Engineering staff informed the District's Human Resources/Risk and Safety Manager about an incident between the Contractor and the District's Construction Inspector, Don Miller. On November 16, 2017, the District's Construction Inspector, observed that the Contractor had commenced placing saw cuts in an area outside of the original delineated area. When questioned about the new cuts, the Contractor replied he was going to trench in an area that had fewer utilities. After the Contractor was informed of his requirement to submit a new "dig alert" request because he was digging outside of his delineated area he became very hostile using expletives towards Don, the District's Construction Inspector. Don left the work site, returned to the office and sent the Contractor an email informing him of the California "one call law" which requires a new dig alert request when digging outside of the originally delineated area. Don advised the Contractor that he should stop digging until a valid ticket was acquired. The email that was sent to the Contractor and forwarded to Human Resources was then forwarded to Dig Alert's Risk Manager. An investigation was conducted by Human Resources, Operations and Engineering staff which determined the following: 1. Contractor was not clear with his delineations. 2. District's Construction Inspector marked our water line based on Contractor's original and only delineations. 3. Contractor failed to submit a new "dig alert" request for the new trench outside of the originally delineated area. 4. California Government Code 4216.7.a. states if a subsurface installation is damaged by an excavator as a result of failing to comply with Section 4216.2 or 4216.4, the excavator shall be liable to the operator of the subsurface installation for resulting damages, costs, and expenses to the extent the damages, costs, and expenses were proximately caused by the excavator's failure to comply. In conclusion, the Contractor failed to submit a new request for the trench outside the originally delineated area. Had the Contractor submitted a new request, District staff would have been notified and would have gone out to mark the service lines in the area of the proposed trench. In summary, based on the above, staff recommends that the Board of Directors reject and deny the claim. The claim form and supporting documents are on file and available for review in the office of the General Manager. ITEM NO. 9.1 AGENDA REPORT Meeting Date: December 12, 2017 Total Budget:$90,000 To:Board of Directors Funding Source:Water Operating Fund From:Marc Marcantonio, General Manager Account No:1-1010-0440-00 Presented By:Marc Marcantonio, General Manager Dept:Board of Directors Prepared By:Annie Alexander, Executive Assistant Subject:Board of Directors Compensation STAFF RECOMMENDATION: That the Board of Directors review the Directors' current compensation rate and determine if it should remain the same for the next calendar year. DISCUSSION: In accordance with California Water Code Sections 20201-20202, the amount of compensation for members of the Board of Directors is currently set at $150 per day for each day's attendance at meetings of the Board and other meetings attended at the request of the Board, not to exceed 10 days per calendar month. Section 20202 also allows for an increase in the amount of compensation up to 5% for each calendar year following the operative date of the last adjustment. As the last adjustment was effective March 24, 2003 per attached Ordinance No. 03-01, the Board of Directors would be eligible for an increase in their current compensation rate up to $296.99 per day as of March 24, 2017. Also attached are the results of a compensation survey that was recently conducted by the Irvine Ranch Water District. Should the Board recommend an increase in the amount of compensation, an ordinance would need to be adopted pursuant to the procedures specified in Water Code Sections 20203-20204 and Government Code Section 6066: A public hearing would need to be held prior to adoption of the ordinance. Notice of the hearing would need to be published in a newspaper of general circulation once a week for two successive weeks prior to the public hearing. The ordinance would become effective 60 days from the date of its final passage. No action is necessary if the Board desires the compensation rate to remain the same. ATTACHMENTS: Name:Description:Type: Ordinance_No._03-01.pdf Ordinance Ordinance 2017_Directors_Fees.pdf Backup Material Backup Material 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: J W. Summer field, resident ATTEST: Wil i ertson, Secretary BOARD OF DIRECTORS PER DIEM SURVEY (as of November 14, 2017) PER DIEM EFFECTIVE MAXIMUM AGENCY MEETING DATE MEETINGS PER MONTH EI Toro Water District $198.00 December 2007 10 Irvine Ranch Water District $273.00 January 2017 10 Mesa Water District $264.00 April 2017 10 Moulton Niguel Water District $220.00 September 2016 10 Municipal Water of Orange County $282.85 January 2017 10 Orange County Water District $275.00 April 2017 10 Santa Margarita Water District $210.00 February 2009 10 South Coast Water District $190.00 January 2006 10 Yorba Linda Water District $150.00 January 2003 10 ITEM NO. 9.2 AGENDA REPORT Meeting Date: December 12, 2017 Budgeted:Yes Total Budget:$90,000 To:Board of Directors Cost Estimate:$90,000 Funding Source:Water Operating Fund From:Marc Marcantonio, General Manager Account No:1010-0440-00 Presented By:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Establishment of Committees and Committee, Agency and Intergovernmental Meeting Assignments STAFF RECOMMENDATION: That the Board of Directors: (1) consider the currently established committees and determine their continuing relevance; and (2) review the available committee, agency and intergovernmental meeting assignments and provide their preferences to the newly elected President by Wednesday, December 27, 2017. DISCUSSION: Pursuant to Section 6.1.(B) of the Board of Directors' Policies and Procedures (Resolution No. 16- 12), the newly elected President shall make committee, agency, and intergovernmental meeting assignments, subject to consent of the Board, following the annual reorganization of the Board of Directors. In addition, the purpose of each established committee shall be reviewed by the Board, prior to making these assignments, in order to determine their continuing relevance. The Total Budgeted and Estimated Cost amounts listed above include compensation for Board, Committee and intergovernmental meeting attendance at a maximum of $150 per day up to 10 days per calendar month as allowed by statute and established by Ordinance No. 03-01. Two Board members will also need to be assigned to serve as Active and Alternate Directors for the Orange County Sanitation District (OCSD). The Active director may also be assigned to one or more OCSD committees. OCSD Board members are compensated by OCSD at a rate of $212.50 per day for meeting attendance (up to six meetings a month with the average being two) and receive no health insurance benefits from OCSD. The Chair may be compensated for up to 10 meetings per month. The attached list has been provided to facilitate the process of identifying Directors' assignment preferences. Staff is suggesting that requests be submitted to the newly elected President by Wednesday, December 27, 2017 in preparation for posting of the agenda for the next regular Board meeting on Tuesday, January 9, 2018. ATTACHMENTS: Name:Description:Type: BOD_- _Committee_and_Intergovernmental_Meeting_Assignments.xls Backup Material Backup Material YORBA LINDA WATER DISTRICT Board of Directors' Committee, Agency and Intergovernmental Meeting Assignments JOINT / INTERAGENCY COMMITTEES 2017 2018 YLWD / MWDOC / OCWD Miller Meets bi-monthly on 4th Tuesday at 4:00 p.m.Nederhood YLWD / City of Yorba Linda Miller Meets quarterly. No set day of the month or time. Hawkins YLWD / City of Placentia Miller Meets as necessary. No meetings were held during 2017.Nederhood INTERGOVERNMENTAL MEETINGS 2017 2018 YL City Council Directors Rotate Attendance Meets 1st and 3rd Tuesday of the month at 6:30 p.m. http://www.ci.yorba-linda.ca.us/ YL Planning Commission Hawkins Meets 2nd and 4th Wednesday of the Month at 6:30 p.m.(As Needed) http://www.ci.yorba-linda.ca.us/index.php/elected-officials/commissions/planning-commission MWDOC Board of Directors Nederhood Meets 1st and 3rd Wednesday of the month at 8:30 a.m. http://www.mwdoc.com/ OCWD Board of Directors Jones Meets 1st and 3rd Wednesday of the Month at 5:30 p.m. http://www.ocwd.com/ OCSD *Hawkins Meets 4th Wednesday of the month at 6:00 p.m.Jones (Alternate) http://www.ocsd.com/ WACO Jones Meets 1st Friday of the month at 7:30 a.m.(All Directors Preauthorized) http://www.mwdoc.com/waco ISDOC Hawkins Meets months with 5th Thursday at 11:30 a.m.(All Directors Preauthorized) http://www.mwdoc.com/isdoc LAFCO Nederhood Meets 2nd Wednesday of the month at 8:00 a.m.(As Needed) http://oclafco.org/ ACWA/JPIA ˟Miller Meets semi-annually in May and November. http://www.acwajpia.com/ * Submission of Form 700 for OCSD required. Additional committee participation may be necessary. ˟ Submission of Form 700 for ACWA/JPIA required. ITEM NO. 9.3 AGENDA REPORT Meeting Date: December 12, 2017 To:Board of Directors From:Gina Knight, HR/Risk and Safety Manager Presented By:Gina Knight, HR/Risk and Safety Manager Prepared By:Gina Knight, HR/Risk and Safety Manager Subject:Amending the General Manager's Employment Agreement 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 salary increase effective September 2, 2017. STAFF RECOMMENDATION: That the Board of Directors: (1) approve the Fourth Amendment to the Employment Agreement for the position of General Manager as negotiated by the District's Designated Representative; and (2) adopt Resolution No. 17-39 approving the Classification and Salary for the General Manager effective September 2, 2017 and rescinding Resolution No. 17-25. DISCUSSION: Pursuant to Paragraph 7 of the Employment Agreement for the 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 Employee Performance Evaluation and Merit Increase Policy (Policy No. 7010-010). During the November 28, 2017 Board of Directors Closed Session: Public Employee Performance Evaluation, the Board directed the District's Designated Representative to negotiate the General Manager's salary and benefits and to present the negotiated salary and benefits at a future regular Board of Directors meeting for review and approval by the Board. As a result of the Board of Directors' performance evaluation of the General Manager, and in the interest of maintaining the employment relationship, the General Manager's annual salary will be increased to $223,624. This increase will be effective September 2, 2017. As required in Section 3, Employee Compensation, of the General Manager's Employment Agreement for the position of General Manager, dated August 7, 2014...."Any increase is not effective until the Parties draft and sign an amendment to this Agreement that states the new annual salary and the effective date of the new salary and such amendment is adopted by the Board at the duly noticed public meeting. In addition, the following benefits will be amended with an effective date of September 2, 2018: Vacation accrual increase to 6.153 hours per pay period. Additionally, in accordance with California Code of Regulations, Title 2, §§ 570.5 and 571 and the Public Employees' Retirement Law Government Code §§ 20636 and 20636.1, all Public Agency members' pay amounts are required to be paid pursuant to a publicly available pay schedule that has been approved and adopted by the employer's governing body. To be in compliance, staff created Exhibit A General Manager Classification and Salary effective September 2, 2017 which defines the present salary for the General Manager. Attached to this report are copies of the Fourth Amendment of the Employment Agreement for the position of General Manager, Resolution No. 17-39 and Exhibit A. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors previously approved the third amendment of the Employment Agreement for the position of General Manager with Andrew P. (Marc) Marcantonio on December 22, 2016 and Resolution No. 17-25 approving the Classification and Salary for the General Manager effective July 11, 2017. ATTACHMENTS: Name:Description:Type: Amendment_to_GM_Employment_Agreement.docx Employment Agreement Agreement Resolution_No._17-39_- _GM_Classification_and_Salary.docx Resolution Resolution Resolution_No._17-39_-_Exhibit_A.pdf Exhibit Exhibit LCW_DMS\LO140\441\8375207.v1-12/5/17 FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT FOR POSITION OF GENERAL MANAGER This Fourth Amendment to Employment Agreement for Position of General Manager (“Fourth Amendment”) is made and entered into this 12th day of December, 2017, 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 entered into an August 7, 2014 Employment Agreement for Position of General Manager, which was amended by the May 11, 2015 First Amendment to Employment Agreement for Position of General Manager, the November 21, 2016 Second Amendment to Employment Agreement for Position of General Manager and the December 22, 2016 Third Amendment to Employment Agreement for Position of General Manager (collectively “the Agreement”), according to which Employee shall serve as the General Manager of the Yorba Linda Water District. WHEREAS, in the interest of maintaining the employment relationship, the Board of Directors would like to amend the terms of the Agreement. NOW THEREFORE, in consideration of the mutual covenants herein contained, the District and Employee agree to amend the Agreement as follows: Except as described below, all provisions of the Agreement remain unchanged. Section 3 of the Agreement is amended to provide as follows: 3. Employee Compensation. Effective September 2, 2017, Employee shall receive an annual base salary of two hundred twenty three thousand six hundred and twenty four dollars ($223,624.00), payable in twenty-six equal biweekly installments for performance of his service as General Manger. 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 LCW_DMS\LO140\441\8375207.v1-12/5/17 the effective date of that new salary and such amendment is adopted by the Board at a duly noticed public hearing. Section 4.g. of the Agreement is amended to provide as follows: g. Vacation Leave. Employee shall accrue a total of 4.615 hours of vacation time per pay period. Employee shall accrue vacation commencing with the start of employment but shall be ineligible to use accrued vacation time prior to the successful completion of six (6) months of service. The maximum accrued vacation balance Employee may accrue shall be limited to one and a half (1½) the annual maximum accrual of vacation time. If Employee has accrued one and a half (1½) the annual maximum accrual of vacation time, he will cease accruing any further vacation leave until the vacation balance is reduced to less than the maximum limit. Deductions of the vacation balance shall be by means of use of accrued unused vacation hours or the sale of up to forty (40) hours of accrued unused vacation time upon thirty (30) days’ prior notice if Employee takes a minimum of one-half (1/2) the vacation time to which Employee is entitled within the same annual period of the sold vacation time. Effective September 2, 2018, Employee shall accrue 6.153 hours of vacation time per pay period, subject otherwise to the same terms and conditions provided in this paragraph. All other provisions of the Agreement shall remain unchanged. ___________________________________ ________________________ John Wayne Miller Date Board President ___________________________________ _________________________ Andrew P. Marcantonio Date General Manager Resolution No. 17-39 Adopting the General Manager Classification and Salary 1 RESOLUTION NO. 17-39 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE GENERAL MANAGER CLASSIFICATION AND SALARY EFFECTIVE SEPTEMBER 2, 2017 AND RESCINDING RESOLUTION NO. 17-25 WHEREAS, pursuant to California Code of Regulations, Title 2, §570.5, CalPERS requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws; and WHEREAS, the Board of Directors regularly enters into employment agreements for the position of General Manager; and WHEREAS, the Board of Directors approved Resolution No. 17-25 adopting the General Manager’s Classification and Salary effective July 11, 2017; and WHEREAS, it is the desire of the Board of Directors to modify the General Manager’s salary effective September 2, 2017. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The General Manager Classification and Salary as set forth in Exhibit A and attached hereto is approved and adopted effective September 2, 2017. Section 2. That Resolution No. 17-25 is hereby rescinded. PASSED AND ADOPTED this 12th day of December 2017, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: J. Wayne Miller, Ph.D., President Yorba Linda Water District Resolution No. 17-39 Adopting the General Manager Classification and Salary 2 ATTEST: Marc Marcantonio, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Law LLP Exhibit A Yorba Linda Water District – General Manager Classification and Salary Effective September 2, 2017 CLASSIFICATION TITLE FLSA General Manager Hourly 107.51$ Exempt Monthly 18,635.33$ Yearly 223,624.00$ SALARY ITEM NO. 9.4 AGENDA REPORT Meeting Date: December 12, 2017 Budgeted:Yes Total Budget:$7.8 M To:Board of Directors Cost Estimate:$7.3M Funding Source:Water Capital Reserves From:Marc Marcantonio, General Manager Job No:J2010-11B Presented By:Steve Conklin, Engineering Manager Dept:Engineering Reviewed by Legal:No Prepared By:Joe Polimino, Project Engineer CEQA Compliance:MND Subject:Approval of Change Order Number 2 for the Fairmont Booster Pump Station Upgrade Project SUMMARY: Work is proceeding on construction of the Fairmont Booster Pump Station Upgrade Project. Submitted for consideration is construction Change Order No. 2. The Project is approximately 50% complete, based both on schedule and construction cost to date. STAFF RECOMMENDATION: That the Board of Directors approve Change Order No. 2 for $108,819.00 and 35 additional calendar days to Pacific Hydrotech Corporation for construction of the Fairmont Booster Pump Station Upgrade Project, Job No. 2010-11B. DISCUSSION: In accordance with the contract documents, Pacific Hydrotech Corporation has submitted Change Order No. 2 due to differing site conditions, unknown utilities and other requested additional work. A copy of Change Order No. 2 is attached for your review. Specifically, the contractor has requested an increase of $108,819.00 and 35 calendar day extension for the project; some of the more costly items are described in detail below. The alignment of the proposed 24-inch waterline was found to be in conflict with an existing 12-inch waterline in Fairmont Blvd, which was not constructed in the same location as shown on the District's record drawings. The contractor was directed to relocate the 24-inch line per a revised drawing from the design engineer. The relocation required additional labor, equipment and materials to complete. The contractor initially quoted a cost of $105,101.60 for the additional work; however, District staff negotiated the cost down by 20% to $84,930.64. The contractor proposed to substitute a different shop coat Primer for the structural steel as an alternate to the one called out in the project specifications. The design engineer reviewed and approved of this change. The credit to the District for this change is $10,000.00. The contractor is proposing a credit to combine eight (8) conduits into two (2) conduits for the roof hatch intrusion switches which was approved by the design engineer. The credit to the District for this change is $3,513.06. The project specifications call for a base radio to be provided and installed in the new pump station. District staff, upon review of the submittal, determined that more equipment was necessary in addition to the base radio to have a complete and functional system. The cost of this extra equipment, as reviewed and approved, is $35,743.55. The status of the construction contract with Pacific Hydrotech Corporation is as follows: The current contract is $7,131,747.28 and 780 calendar days. If approved, Change Order No. 2 adds 35 calendar days to the project. If approved, Change Order No. 2 adds $108,819.00 (a 1.5% construction cost increase) to the project. If approved, the revised construction contract is $7,240,566.28 and 815 calendar days. The cumulative construction cost increase for CO#1 and CO#2, if approved, would be 4.8%. District staff have reviewed this change order request and recommend approval. STRATEGIC PLAN: SR 3-B: Continue Planning for Long Term Capital Improvements and Replacements into the future PRIOR RELEVANT BOARD ACTION(S): The Board authorized the President and Secretary to execute a construction agreement with Pacific Hydrotech Corporation in the amount of $6,911,100.00 for the Fairmont Booster Pump Station Upgrade Project, Job No. 2010-11b. The Board of Directors approved Change Order Number 1 at the Board meeting held on September 26, 2017. ATTACHMENTS: Name:Description:Type: PHC_CO2_Signed.pdf Fairmont PS Change Order No. 2 for PHC Backup Material YORBA LINDA WATER DISTRICT CHANGE ORDER NO. 2 DATE 11/16/17 Page 1 of 1 CONTRACT NAME: Fairmont Pump Station Upgrade CONTRACT AMT.: $7,131,747.28 DAYS: 780 CONTRACTOR: Pacific Hydrotech Corporation THIS CHANGE: $108,819.00 DAYS: 35 PROJECT NUMBER: 2010-11b OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $7,240,566.28 DAYS: 815 This Change Order covers changes to the subject contract as described herein.The Contractor shall construct,furnish equipment and materials,and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner. DESCRIPTION OF CHANGES +INCREASE CONTRACT /OR TIME +EXTENSION —DECREASE IN /OR- CONTRACT OR- CONTRACT REDUCTION AMOUNT($) (DAYS) PCO 11)Relocation required of the proposed 24"pipeline conflict with an existing 12"a/c main&tie in $84 930.64 0 at t e intersec,ion of Bas anch ry Rd. PC 14)(;relit propose to substitute Sherwin Williams shop coat Primer as an alternate to the $(10,000.00) 0 coating called out in the specifications. PCO 15)Credit to combine eight 8 conduits into two(2)conduits needed for the roof hatch intrusion $(3,513.06 0 switches. $(3,513.06) PCO 16)Extra cost to provide increased conduit and cable size for Conduit 30P per design engineer. $1,657.87 0 PCO 17)Additional equipment,components,labor&materials(in addition to the base radio per $35,743.55 I 35 specifications)to install a complete and functional radio system. NET CHANGE $108,819.00 35 REVISED CONTRACT AMOUNT AND TIME $7,240,566.28 815 The amount of the contract will be increased decreased by the sum of$108,819.00 and the contract time shall be increased AesFeased by 35 calendar days.The undersigned Contractor approves the foregoing Change Order as to the changes,if any,in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed,if any,for completion of the entire work on account of said Change Order.The Contractor agrees to furnish all labor and materials and perform all other necessary work,Inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items.This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. This Change Order constitutes full,final,and complete compensation to the Contractor for all costs,expenses,overhead,profit,and any damages of every kind that the Contractor may incur in connection with the above referenced changes In the work,including any impact on the referenced work of any other work under the contract,any changes in the sequences of any work,any delay to any work,any disruption of any work,any rescheduling of any work, and any other effect on any of the work under this contract.By the execution of the Change Order,the Contractor accepts the contract price change and the contract completion date change,if any,and expressly waives any claims for any additional compensation,damages or time extensions,in connection with the above-referenced changes. RECOMMENDED: /ENGINEER OR DATE: L / t f '�/ d CONSULTANT Joe Polimino Construction Supervisor,YLWD ACCEPTED: DATE: (CONTRACTOR Kirk Harris President, cif tech Co on � /OWNER APPROVED: DATE: I l y � vh / Ste on lin I Engineering Manager,YLWD ITEM NO. 14.1 AGENDA REPORT Meeting Date: December 12, 2017 Subject:Meetings from December 13, 2017 - January 31, 2018 ATTACHMENTS: Name:Description:Type: BOD_-_Activities_Calendar.pdf Backup Material Backup Material Board of Directors Activity Calendar Event Date Time Attendance By December LAFCO Wed, Dec 13 8:00 AM Nederhood (As Needed) CRWUA Annual Conference Wed, Dec 13 8:00 AM Jones/Nederhood Yorba Linda Planning Commission Wed, Dec 13 6:30 PM Hawkins (As Needed) CRWUA Annual Conference Thu, Dec 14 8:00 AM Jones/Nederhood CRWUA Annual Conference Fri, Dec 15 8:00 AM Jones/Nederhood Joint Committee Meeting with City of Yorba Linda Mon, Dec 18 4:00 PM Nederhood/Hawkins YL City Council Tue, Dec 19 6:30 PM Hawkins MWDOC Wed, Dec 20 8:30 AM Nederhood OCWD Wed, Dec 20 5:30 PM Jones OCSD Wed, Dec 20 6:00 PM Hawkins/Jones District Offices Closed Mon, Dec 25 7:00 AM Yorba Linda Planning Commission Wed, Dec 27 6:30 PM Hawkins (As Needed) January District Offices Closed Mon, Jan 1 7:00 AM ISDOC Executive Committee Tue, Jan 2 7:30 AM Nederhood Yorba Linda City Council Tue, Jan 2 6:30 PM TBD MWDOC Wed, Jan 3 8:30 AM Nederhood OCSD Operations Committee Wed, Jan 3 5:00 PM Hawkins OCWD Wed, Jan 3 5:30 PM Jones WACO Fri, Jan 5 7:30 AM Jones (All Directors PA) Board of Directors Regular Meeting Tue, Jan 9 6:30 PM LAFCO Wed, Jan 10 8:00 AM Nederhood (As Needed) Yorba Linda Planning Commission Wed, Jan 10 6:30 PM Hawkins (As Needed) YL City Council Tue, Jan 16 6:30 PM TBD MWDOC Wed, Jan 17 8:30 AM Nederhood OCWD Wed, Jan 17 5:30 PM Jones Board of Directors Regular Meeting Tue, Jan 23 6:30 PM MWDOC/OCWD Joint Planning Committee Wed, Jan 24 8:30 AM Jones/Nederhood OCSD Wed, Jan 24 6:00 PM Hawkins/Jones Yorba Linda Planning Commission Wed, Jan 24 6:30 PM Hawkins (As Needed) Interagency Committee Meeting with MWDOC and OCWD Thu, Jan 25 4:00 PM Miller/Nederhood PA = Preauthorized ITEM NO. 15.1 AGENDA REPORT Meeting Date: December 12, 2017 Subject:UWI Spring Conference - February 7-9, 2018 STAFF RECOMMENDATION: That the Board of Directors approve Director attendance at this event if desired. ATTACHMENTS: Name:Description:Type: UWI_Conf.pdf Backup Material Backup Material Urban Water Institute 2018 Spring Conference ‘Who’s in Control?’ Confirmed Featured Presentations Climate change and Its Impact on Water Supply: a stunning presentation by Dr. Jerry Schubel, CEO and President of the Long Beach Aquarium of the Pacific Future of Dams in California: following the Oroville dam failure - regulators, water us- ers and decision makers shine a new light on the broader considerations of using dams in water management Control of Water – California Mayors will speak out on this hot topic; from the Mayor of Sacramento to the Mayor of Escondido – come listen to these decision makers share their views Other presentations will address the latest on The California Water Fix Water Affordability Unintended consequences of water laws and regulations How to balance responsibility of ‘controlling’ water in California Salton Sea – what’s happening there now February 7-9, 2018 - Hilton Palm Springs Hotel 400 East Tahquitz Canyon Way, Palm Springs, CA 92262 For more information please contact the Urban Water Institute at (949) 679-9676 or stacy@urbanwater.com Please visit our website at www.urbanwater URBAN WATER INSTITUTE SPRING WATER CONFERENCE FEBRUARY 7-9, 2018 | REGISTRATION FORM NAME: ________________________________________________TITLE: ___________________________________________ ORGANIZATION:_______________________________________________________________________________________ ADDRESS:_________________________________________CITY/STATE/ZIP:_____________________________________ TEL:____________________FAX:____________________E-MAIL:_________________________________________________ CONFERENCE REGISTRATION FEES Registration fees include handouts, breakfasts, luncheon, breaks and receptions. _____$375 Urban Water Member Registration Fee for Conference February 7-9, 2018 (Must be a member of the Urban Water Institute with current dues paid in full) _____$475 Non-Member Registration Fee for Conference February 7-9, 2018 _____$100 Spouse Registration - Includes breakfasts, luncheon, breaks and receptions. Spouse Name for Nametag: REGISTRATION INFORMATION LOCATION: The Spring Water Conference will be conducted in Palm Springs at The Hilton Palm Springs Hotel located at: 400 East Tahquitz Canyon Way, Palm Springs, CA 92262 WILL YOU STAY AT THE HILTON PALM SPRINGS? Please contact the hotel directly to reserve your room, we have a special conference rate of $155.00. To make your room reservations, call the Hilton Palm Springs Hotel directly at (760) 320-6868 and reference Urban Water Institute. Please note the cut-off date for the group rate is January 9, 2018. Reservations can also be made online at www.hilton.com. CONFERENCE REGISTRATION: (All Registrations Should Be Made in Advance) To pay by credit card visit our website www.urbanwater.com. You can register online via PayPal, you may be prompted to create a PayPal account. You may pay with a Visa, MasterCard or American Express. If you prefer to pay by credit card and NOT create a PayPal log in, please fill out the registration form and return to Stacy Davis at stacy@urbanwater.com or fax to (949) 305-9919. To pay by check, please complete the Registration Form and send it along with a check made payable to: Urban Water Institute: 24651 Evereve Circle, Suite 1, Lake Forest, CA 92630. After February 3, 2018 registrations will be accepted at the door on a space available basis, with an additional $25 administrative charge. CANCELLATION POLICY: Cancellations must be received in writing by January 25, 2018. Faxes are accepted at (949) 305-9919. Registration fee will be refunded, less a $50 administrative charge if received by January 25, 2018. Substitutes are accepted. No refunds after January 25, 2018. The Institute reserves the right to substitute announced speakers and assumes no responsibility for personal expenses. EXHIBITOR & SPONSORSHIP INFORMATION: Information on exhibiting and sponsoring may be obtained by calling (949) 679-9676 or can be found on the Urban Water Institute Website www.urbanwater.com. IF PAYING BY CREDIT CARD: □ Visa □ MasterCard □ American Express Name on Card: _____________________________________________ Card Number: ______________________________________________ Expires (MM/YY): ______________ Amount: ____________________ Security Code: ______________________________________________ Billing Address: _____________________________________________ __________________________________________________________ Signature: ___________________________________________________ MAIL CONFERENCE REGISTRATION CHECKS PAYABLE TO: Urban Water Institute: 24651 Evereve Circle, Suite 1  Lake Forest, CA 92630 Tax ID # 33-0578523 For More Information Contact Urban Water Institute At (949) 679-9676 Or stacy@urbanwater.com BACKUP MATERIALS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING ITEM NO. 9.2. YORBA LINDA WATER DISTRICT Board of Directors'Committee,Agency and Intergovernmental Meeting Assignments Hall Hawkins Jones Miller Nederhood YLWD/City of YL OCWD YLWD/MWDOC/OCWD YLWD/MWDOC/OCWD YL Planning Commission(As Needed) OCSD Board(Alternate)* YLWD/City of YL YLWD/City of Placentia OCSD Board(Primary)* WACO(All Directors Preauthorized) YLWD/City of Placentia MWDOC ISDOC(All Directors Preauthorized) ACWA/JPIA" LAFCO(As Needed) Directors rotate attendance at YL City Council meetings and attend an average of 4-5 meetings each year. * Submission of Form 700 for OCSD required. Additional committee participation may be necessary. " Submission of Form 700 for ACWA/JPIA required. MATERIALS SUBMITTED BY: Annie Alexander MEETING DATE: December 12, 2017