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2018-01-09 - Board of Directors Meeting Agenda Packet (B)
AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, January 9, 2018, 6:30 PM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Al Nederhood, President Brooke Jones, Vice President Andrew J. Hall, Director Phil Hawkins, Director J. Wayne Miller, Director 4. ADDITIONS/DELETIONS TO THE AGENDA 5. INTRODUCTIONS AND PRESENTATIONS 5.1. Elected Official Liaison Reports 5.2. Presentation from Honeywell Energy Services Group Regarding Potential Cost Savings 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. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 7.1. Minutes of the Board Directors Workshop Meeting Held December 7, 2017 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Special and Regular Meetings Held December 12, 2017 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Payments of Bills, Refunds, and Wire Transfers as of December 21, 2017 and January 9, 2018 Recommendation: That the Board of Directors ratify the disbursements of December 21, 2017 in the amount of $2,091,649.67, and ratify and authorize disbursements for January 9, 2018 in the amount of $1,092,443.74. 7.4. Revising Budgeted Positions for the Remainder of Fiscal Year 2018 Recommendation: That the Board of Directors adopt Resolution No. 18-01 revising the budgeted positions for the remainder of Fiscal Year 2018 and rescinding Resolution No. 17-37. 7.5. Modifying Salary Ranges for Management Employees for the Remainder of Fiscal Years 2015-2018 Recommendation: That the Board of Directors adopt Resolution No. 18-02 amending Exhibit B of Resolution No. 15-08 to modify the Salary Ranges for Management Employees for the remainder of Fiscal Years 2015-2018 and rescinding Resolution No. 17-38. 8. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 8.1. Revising Procedures for Administration of Employer-Employee Relations Between the District and Its Recognized Employee Organizations Recommendation: That the Board of Directors adopt Resolution No. 18-03 revising the procedures for administration of employer-employee relations between the District and its recognized employee organizations and rescinding Resolution No. 09-11. 8.2. Committee, Agency and Intergovernmental Meeting Assignments Recommendation: That the Board of Directors consider the proposed committee, agency and intergovernmental meeting assignments for the next calendar year, preauthorize Director attendance at certain events through the 2018 calendar year, and consider modifying the method for reporting on meetings attended. 9. 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. 9.1. Budget to Actual Reports for the Month Ending November 30, 2017 9.2. Cash and Investment Report for Period Ending November 30, 2017 9.3. Modification of Start Time for Regular Meetings (Miller) 9.4. Status of Engineering and Operations Activities 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. Directors' Reports 10.2. General Manager's Report 10.3. General Counsel's Report 10.4. Future Agenda Items and Staff Tasks 11. COMMITTEE REPORTS 11.1. Interagency Committee with MWDOC and OCWD · Next meeting scheduled January 25, 2018 at 4:00 p.m. 11.2. Joint Agency Committee with City of Yorba Linda · Minutes of meeting held December 18, 2017 at 4:00 p.m. will be provided when available. · Next meeting scheduled March 19, 2018 at 4:00 p.m. at YL City Hall. 11.3. Joint Agency Committee with City of Placentia · Next meeting yet to be scheduled. 12. INTERGOVERNMENTAL MEETINGS 12.1. CRWUA Annual Conference - December 13-15, 2017 (Jones/Nederhood) 12.2. YL Planning Commission - December 13, 2017 (Hawkins - As Needed) 12.3. YL City Council - December 19, 2017 (Hawkins) 12.4. MWDOC Board - December 20, 2017 (Jones) 12.5. OCWD Board - December 20, 2017 (Jones) 12.6. OCSD Board - December 20, 2017 (Hawkins) 12.7. MWDOC Board - January 3, 2018 (Nederhood) 12.8. OCSD Operations Committee - January 3, 2018 (Hawkins) 12.9. OCWD Board - January 3, 2018 (Jones) 12.10. WACO - January 5, 2018 (Nederhood) 12.11. ISDOC Executive Committee - January 9, 2018 (Nederhood) 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from January 10 - February 28, 2018 14. ADJOURNMENT 14.1. The next Regular Board of Directors Meeting will be held Tuesday, January 23, 2018. Closed Session (if necessary) 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. 5.2 AGENDA REPORT Meeting Date: January 9, 2018 Subject:Presentation from Honeywell Energy Services Group Regarding Potential Cost Savings ATTACHMENTS: Name:Description:Type: Honeywell_Presentation.pdf Backup Material Backup Material Honeywell_FAQ_for_CA_4217.pdf Backup Material Backup Material Honeywell Energy Services Group Preliminary Feasibility Review for CA 4217 Yorba Linda Water District Company Internal Honeywell Confidential © 2017 by Honeywell International Inc. All rights reserved. Team & Expertise Company Internal •Ryan Gunstream •Mary Wyand •Pete Chase •Satya Salvi •Jeremy Childers •Mike Kempa Over 100 Years of Combined Experienced Honeywell Confidential © 2017 by Honeywell International Inc. All rights reserved. •Initial Introduction Meeting 07/2017 •MOU for Feasibility Executed 08/2017 •Preliminary Overview Meeting with YLWD Staff 08/2017 •Site Walk of Critical Infrastructure 09-10/2017 •Review of data and information 10-12/2017 •Staff Review of Potential Feasibility of CA 4217 12/2017 Company Internal How We Got Here Honeywell Confidential © 2017 by Honeywell International Inc. All rights reserved. CA 4217 (Guaranteed Savings Program) •Honeywell tasked to assess the Feasibility Pursuing a CA 4217 •Feasibility Review Included: Energy, Water Consumption Methods and Cost Current Maintenance & Operational Costs Capital Budget Review Planned and Unplanned Equipment Replacement •Reviewed Specific Facilities for Opportunities for Improvement (OFIs) •Worked Closely with Staff to Analyze Data and Provide Feedback •Potential Annual Savings x Financing Term + P&I = Program Size Company InternalCompany Internal Conclusion -CA 4217 Program is Feasible! Honeywell Confidential © 2017 by Honeywell International Inc. All rights reserved. Savings Leveraged to Cover P&I of Program Cost & AuditsCompany Internal How It Works 15 to 25 years Honeywell Confidential © 2017 by Honeywell International Inc. All rights reserved. Company Internal Program Benefits of CA 4217 -ESPC Energy Savings Performance Contract (ESPC)Program enables YLWD to utilize guaranteed savings as a funding source for projects associated with its key business initiatives Provide funding for unfunded projects while preserving capital dollars for other important initiatives Program potential is approximately ~$20,000,000 for infrastructure, energy efficiency, renewable energy, and capital improvement projects Without the Use of Capital Dollars Accelerates Implementation of those Projects Company Internal Honeywell Confidential © 2017 by Honeywell International Inc. All rights reserved. 6 Impacting Your Key Business Initiatives Key Business Initiatives Improve Water Use Efficiency and Compliance Increase Leakage Detection and Prevention Optimize Use of Existing Technologies Install Reliable Backup Power Technologies Improve Radio Communications System at Remote Sites Address inefficiencies Service Reliability Favorable Legislation to Meet Your Goals Company Internal Honeywell Confidential © 2017 by Honeywell International Inc. All rights reserved. Opportunities for Improvement Install Natural Gas Generation •Booster Pump Stations •Administration Building Company InternalCompany Internal Pumping Improvements •New Pumps •Optimize Pump Operation Honeywell Confidential © 2017 by Honeywell International Inc. All rights reserved. 8 Renewable Energy •Solar PV Opportunities for Improvement (cont.) Company Internal Honeywell Confidential © 2017 by Honeywell International Inc. All rights reserved. 9 Sewer Cover Technology Water Meter/AMI Lighting Upgrades •Interior/Exterior Building Upgrades •HVAC •Security •CCTV Opportunities for Improvement (cont.) Company Internal Honeywell Confidential © 2017 by Honeywell International Inc. All rights reserved. 10 Potential Annual Savings Range $925-975K Typical Financing Term (Tax Exempt Municipal Lease)21 Years Estimated Interest Rate –(TEML)~3% Possible Project Size that can be 100% Funded ~$18-20M Potential Program Size Company Internal “Yorba Linda Water District will become the leading, innovative and efficient source for high quality reliable services.” Honeywell Confidential © 2017 by Honeywell International Inc. All rights reserved. ESCO Selection Process / CA 4217 process STAGE 1: Development –Letter of Authorization co-signed Preliminary Feasibility Analysis –GO / NO GO Construction/ Installation Final Engineering Commissioning Training Measurement and Verification/Annual Audits STAGE 2: Implementation -ESCO Contract Signed STAGE 3: Performance Guarantee Scope of Work Design, Calculations & Contract Development orESCO Qualification Selection ESCO Direct Engagement Development Agreement Honeywell Confidential © 2017 by Honeywell International Inc. All rights reserved. Cal. Gov't. Code §4217.12. and 16. 12 Notwithstanding any other provision of law,a public agency may enter into an energy service contract and any necessarily related facility ground lease on terms that its governing body determines are in the best interests of the public agency if the determination is made at a regularly scheduled public hearing,public notice of which is given at least two weeks in advance… Prior to awarding or entering into an agreement or lease,the public agency may request proposals from qualified persons.After evaluating the proposals,the public agency may award the contract on the basis of the experience of the contractor,the type of technology employed by the contractor,the cost to the local agency,and any other relevant considerations. Company Internal Honeywell Confidential © 2017 by Honeywell International Inc. All rights reserved. Company InternalCompany Internal The 4 Legged Stool of Success LEGALFINANCIALTECHNICALPOLITICALCA 4217 ESCO PROGRAM Honeywell Confidential © 2017 by Honeywell International Inc. All rights reserved. 14 Any other Questions? Where do we go from here? Company Internal CA 4217 FAQ California Guaranteed Energy Performance Contracting FAQs Energy Saving Performance Contracts (ESPC) form the legal framework between your public entity and an Energy Services Company (ESCO). These relationships typically span multiple years and may include both energy, renewable energy and water conservation measures. It may also include other capital improvements for your public entity. Performance based contracting has a strong presence in the United States, Asia and Europe. In the US, the ESCO industry has about $4 billion per year in revenue, with the majority of work being conducted in public and institutional buildings. A bundle of energy services are included in a performance contract, which is why many facility owners and managers choose to manage their energy projects through ESCOs. Question #1 - I have never heard of this before. What is CA GC 4217? Government Code Section 4217 authorizes local governments to enter into energy contracts on terms that are found to be “in the best interests” of the agency, “notwithstanding any other provision of law.” In essence, this law allows a public entity to single-source or directly engage into an energy contract as long as the anticipated cost(s) for the energy project or efficiency services is less than the anticipated energy cost savings to be derived from those services over the term of the contract. This code is commonly used by Energy Service Companies (ESCOs) that pursue single-source contracts with local government agencies for energy services contract. A “Request for Qualifications” (RFQ) defines services requested by the agency and evaluates respondents based on experience and technical qualifications rather than cost. The RFQ can be as simple as an Oral Interview process of a short list of firms that are technically qualified to complete work. The advantages of holding oral interviews are: • The ESCO is provided the opportunity to make a presentation supplementing its proposal. • Both parties are provided a chance to clarify terms and conditions to ensure a mutual understanding of the offer. • Often boiler plate proposal sections are provided from one vendor’s job to the next – the interview ensures that the public entity meets the actual ESCO team members and their experiences are understood. • Concerns regarding contractual terms and insurance requirements may also be addressed. If scoring is to take place after oral discussions, the committee will meet between or after all ESCO interviews to caucus and reach a consensus. If practicable, scoring should be done immediately after all discussions have been completed. Once a vendor has been selected, a Vendor Selection Letter conveying intent to award is sent to the successful bidder(s) and to unsuccessful bidders. All letters are issued on the same day. The notification letters are normally signed by the City Manager, General Manager or a Director of Finance with approval from their board or council. CA 4217 FAQ Question #2 - What does an ESCO Provide? Most projects require some element of design or engineering as part of the overall scope. In the majority of energy projects, design and engineering are accomplished by the same contractor under a single contract (Design-Build). Much less frequently, very large-scale projects (e.g., large central plants) may bid design and engineering separate from construction (Design-bid-build). • Design-Build Approach Design-build is an approach to contracting where the design and construction services are contracted to a single entity. The primary advantage of the design-build approach is that a single contractor for design and construction could reduce the delivery schedule by overlapping the design phase and construction phase of a project. It could also mitigate risk by having clear contractual remedies since the same contractor is responsible for all of the work on the project, regardless of the nature of the fault. Most energy projects are bid and delivered as “design-build” projects. Performance contracts used by Energy Services Companies use a design-build turn- key approach. An ESCO can take a project through the entire project process including: Preliminary Feasibility Reviews (at No Cost to the Public Entity) Design and Engineering of the “Bundled” Projects Preparing Performance Specifications Concierge Service for Project Financing Managing all Subcontracting Construction Management & Administration Project Commissioning Guaranteeing the Annual Projected Savings Savings Monitoring, Measurement and Verification for the Entire Term of the Guarantee Equipment Maintenance and Service if Needed Administrative/Technical Support Grant and Utility Rebate Research Training for Staff if needed CA 4217 FAQ Question #3 - What does CA 4217 actually state? CA GC 4217 includes Energy Conservation Contracts [4217.10. - 4217.18.] Here are a few pertinent sub sections. Check the (a), (1), etc. nomenclature….seems out of place/not consistent Section 4217.12. (Amended by Stats. 1998, Ch. 328, Sec. 7.) Cite as: Cal. Gov't. Code §4217.12. Notwithstanding any other provision of law, a public agency may enter into an energy service contract and any necessarily related facility ground lease on terms that its governing body determines are in the best interests of the public agency if the determination is made at a regularly scheduled public hearing, public notice of which is given at least two weeks in advance, and if the governing body finds: That the anticipated cost to the public agency for thermal or electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the public agency of thermal, electrical, or other energy that would have been consumed by the public agency in the absence of those purchases. That the difference, if any, between the fair rental value for the real property subject to the facility ground lease and the agreed rent, is anticipated to be offset by below-market energy purchases or other benefits provided under the energy service contract. State agency heads may make these findings without holding a public hearing. Section 4217.16. (Amended by Stats. 1998, Ch. 328, Sec. 9.) Cite as: Cal. Gov't. Code §4217.16. Prior to awarding or entering into an agreement or lease, the public agency may request proposals from qualified persons. After evaluating the proposals, the public agency may award the contract on the basis of the experience of the contractor, the type of technology employed by the contractor, the cost to the local agency, and any other relevant considerations. The public agency may utilize the pool of qualified energy service companies established pursuant to Section 388 of the Public Utilities Code and the procedures contained in that section in awarding the contract. CA 4217 FAQ Question #4 - Why do the majority of Public Entities use a Tax Exempt Municipal Lease? Tax Exempt Municipal Leases or Lease-Purchase Agreements for local governments can provide significantly lower rates than are typically available for commercial lease transactions. The municipal lease is structured so that the governmental body is the equipment owner for tax purposes. Because the lessor does not pay federal tax on the lease payments it receives, it can offer lower financing rates to the government. In order to comply with restrictions on governmental debt obligations, the municipal lease contains a "non-appropriation" provision that allows the lessee to terminate the lease at the end of its then current fiscal year in the event that funds are not legally available to make future lease payments. Question #5 - What is a tax-exempt lease? A tax-exempt lease or lease-purchase agreement is an installment purchase, conditional sale or lease with an option to purchase for nominal value. It may also be referred to as a municipal lease. Question #6 - Who qualifies for tax-exempt financing? The issuer of a tax-exempt obligation, including a tax-exempt lease, must be a State or possession of the U.S., the District of Columbia, or a political subdivision thereof. Political subdivisions include cities, towns, counties and other municipalities. They may include other state entities such as school districts, special purpose districts (fire, parks, utility, water, etc.), hospitals, agencies, authorities, boards and commissions. Not-for-profit organizations created under Section 501 (c) (3) of the Internal Revenue Code do not qualify directly as issuers of tax-exempt obligations but may be eligible with a sponsoring governmental unit. Not-for-profit organizations benefiting from tax-exempt leasing include: • Health Care (Hospitals, Clinics, Nursing Homes, Life Care Centers) • Education (Colleges and Universities, Preparatory Schools) • Museums • Research Centers Question #7 - What are some of the benefits of tax-exempt leasing? The benefits of a tax-exempt lease include: • Preservation of capital dollars for other projects for which leasing is not an option • Preservation debt limitations does not create long-term debt on the entity's books • Enables improvement of cash flow • Incorporates flexible structuring to meet budget needs • Low rates resulting from tax-exempt basis • Offers an alternative financing option without voter approval • Provides project financing (including soft costs) • Spreads out the cost of an asset over the useful life of that asset or project. CA 4217 FAQ Question #8 - What can be financed on a tax-exempt basis? Tax-exempt financing is typically utilized for equipment acquisitions. It may also be used for other capital expenditures, e.g., purchasing property, implementing a specific project, or expanding existing facilities. Both personal property and real property can be leased. This includes personal property. · Question #9 - How are tax-exempt leases structured? Tax-exempt leases are structured as a series of one-year renewable obligations that are subject to the governmental entities ability to appropriate funds for the continuation of lease payments. Payments constitute a current expense of the lessee and, in the event that sufficient funds are not available for payment, the agreement is terminated and the equipment is delivered to the lessor. Question #10 – How does it impact our debt? And what is a non-appropriation clause? A non-appropriation clause enables the lessee to terminate the lease agreement at the end of the current appropriation period without further obligation or penalty. This may be done only in cases where the lessee was unable to obtain funding for future payment obligations on the lease. Typically, the clause will contain a 'best efforts' requirement whereby the lessee must use its best efforts to obtain the necessary appropriation for the lease payments. The non-appropriation clause enables the lessee to account for the lease obligation as a current expense instead of debt. Question #11 - Who owns the equipment under a tax-exempt lease? Title may either be retained by the lessor until all payments have been received or may be granted to the lessee at lease inception. In this case, the obligation is secured by a 'perfected' first security lien on the equipment. In most cases it is preferable to pass title up front to avoid any potential tax issues. Question #12 - What is the maximum finance term? The term of the lease may not exceed 120% of the average reasonable expected economic useful life of the property or project being financed. CA 4217 FAQ Question #13 - What factors should be considered in deciding when to use a tax-exempt lease? For any asset acquisition decision, the principal financial objective is to obtain the use of the asset for the lowest possible total cost, as measured over the period the asset is to be used. Other factors affecting the selection of a financing option which should be considered by a governmental entity include: • Availability of cash at the time of procurement; • Competing demands on capital resources; • Essentiality of the asset to the basic functions of the entity; • Useful life of the asset; • Desirability of matching costs and benefits over time • Ability to improve bargaining positions with vendors; and • Political attitudes toward debt financing. There are a variety of needs and circumstances where tax-exempt lease financing provides a governmental entity with an alternative to purchasing an asset with cash, acquiring its use for a period of time through a true lease or issuing bonds. Source: Association for Governmental Leasing & Finance Question #14 - What distinguishes ESPCs from traditional construction contracts? Traditional contracts most often involve installation of specific pieces of equipment. In an ESPC, the agency is usually requesting that an ESCO develop a comprehensive energy, renewable energy and water conservation project. The Notice of Opportunity may include a request to consider certain types of equipment and some specific buildings and systems, but in general the ESCO will assess all energy and water consuming systems at the site to develop the project. The final composition of this project will depend on the agency’s needs and the availability of an economically feasible package of conservation measures at the site. Another difference is in the performance period. With most traditional federal construction projects, the involvement of the contractor ends when the equipment is commissioned and accepted. In ESPC, equipment acceptance marks the beginning of the performance period, which can last as long as 25 years (minus the construction period). The average is 17 years. During this period, the ESCO is responsible for ensuring that the equipment continues to perform to specifications and is delivering the guaranteed savings. At least once per year, the ESCO will perform measurement and verification (M&V) of these savings, and prepares a report to the agency detailing its findings. The agency is responsible for witnessing the M&V activities, and for reviewing and approving the report. CA 4217 FAQ Question #15 - What is “M&V” and how does the ESCO calculate the savings? “Measurement & Verification” (M&V) is the process of using measurements to reliably determine actual saving created within an individual facility by an energy management program.” Ref: IPMVP Vol I, 2010, Chapter 9 Need for standardized M&V protocols met by different organizations that produced M&V documents for different audiences and purposes: • IPMVP • FEMP • ASHRAE 14-2002 • IPMVP emerged rapidly as the most widely recognized standard in the ESCO industry IPMVP presents a framework and defines terms needed in determining energy savings after implementation of a project. • IPMVP specifies the contents of the M&V Plan that must be prepared for each specific project. • IPMVP allows flexibility in creating M&V Plans for individual projects, while adhering to the • principles of accuracy, completeness, conservativeness, consistency, relevance and transparency Defines standard approaches to “measuring” “savings,” to reassure facility owners. • Legitimizes ESCO projects through international recognition of the “cash register” for savings. • Provides guidance on the trade-off between measurement “accuracy” and measurement cost • Helps parties to create transparent, repeatable performance contract terms and emission trades regarding savings settlement • Updates the definition of the state of the M&V art through constant evolution on the EVO website CA 4217 FAQ Question #16 - Do ESPCs (financed) cost more than directly funded energy projects? Energy Service Performance Contracts (ESPCs) include interest costs, which are not incurred in appropriations-funded projects. If an agency has enough appropriations to do all of the projects it needs to do to meet its goals, then they should use the appropriations. More often than not, the appropriations are not there to do all that is needed. We have studies indicating that when taking into account the cost of waiting for appropriations to appear – that is, the cost of the extra energy and maintenance costs the agency incurs by keeping old, inefficient equipment in place – an ESPC usually has a lower life-cycle cost to the government. If a public agency does have some appropriations available, it’s important to apply them correctly so as to leverage a larger overall project with an ESPC. Appropriated funds should be applied to the ESPC as a one-time payment from savings, if possible, or otherwise used to directly fund the project. Question #17 - How do ESCOs make money? ESCOs are Design-Build Contractors who guarantee the energy savings as a result of the implemented project. Like other Design Build-Contractor they make overheard and profit on the entire project. See the example below of how a typical ESCO project is costed out and priced. EXAMPLE of ESCO PROJECT FEES Fee Category Fees Dollar ($) Value % of Hard Costs Estimated Value of Subcontracting Costs: $5,000,000.00 Project Service Fees Project Development Engineering $150,000 3.00% Design Engineering Fees $250,000.00 5.00% Project Management & Administration $250,000.00 5.00% Commissioning $75,000.00 1.50% M & V Set Up &Equipment Training Fees $25,000.00 0.50% ESCO Overhead $750,000.00 15.00% ESCO Profit $500,000.00 10.00% TOTAL PROJECT COSTS $7,000,000 ITEM NO. 7.1 AGENDA REPORT Meeting Date: January 9, 2018 Subject:Minutes of the Board Directors Workshop Meeting Held December 7, 2017 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2017-12-07_-_Minutes_-_BOD.doc Minutes Minutes Minutes of the YLWD Board of Directors Workshop Meeting Held December 7, 2017 at 6:30 p.m. 1 2017-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS WORKSHOP MEETING Thursday, December 7, 2017 6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 6:33 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 Art Vega, Information Technology Manager Annie Alexander, Executive Assistant Kaden Young, Management Analyst Kelly McCann, Senior Accountant ALSO PRESENT Andrew Gagen, Partner, Kidman Law LLP 4. PUBLIC COMMENTS General Manager Marc Marcantonio briefed the Board on staff preparations related to the severe wildfire alert. 5. DISCUSSION ITEMS 5.1. Review of District’s Core Values and Goals The attendees discussed the District’s core values and agreed on the following language as revised: Minutes of the YLWD Board of Directors Workshop Meeting Held December 7, 2017 at 6:30 p.m. 2 2017-XXX 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. We maintain a commitment of courtesy, assessment and resolution with all customer concerns. Transparency – We listen to our customers and communicate openly about our policies, processes, and plans for the future. Teamwork – We work together by sharing information and resources to achieve common goals. Respect – We ensure every voice of the District is treated with dignity and civility; differences are valued and individual abilities and contributions are recognized. The group then discussed the District’s goals and initiatives and agreed on the following draft language: GOALS & INITIATIVES Safe & Reliable Water and Sewer Service 1. District security and aesthetics 2. Addressing infrastructure needs: a. Asset Management Plan (AMP) b. Capital Improvement Plan (CIP) c. Computerized Maintenance Management System (CMMS) 3. Monitor emerging water quality and sewer issues and regulations 4. Provide sustainable, adequate water supply Minutes of the YLWD Board of Directors Workshop Meeting Held December 7, 2017 at 6:30 p.m. 3 2017-XXX Fiscal Responsibility 1. Sustain strong credit rating 2. Communicate to the public; transparency a. Comprehensive Annual Financial Report (CAFR) b. Operating Budget c. Individual billing; clear and reflective of financial function of the District d. ProForma 3. Cost of Service a. Expand on rates, revenue/reserves, expenses b. Annual reconciliation and next steps 4. Funding Sources 5. Financial Stability Operational Effectiveness 1. Sustain the ability to produce the maximum Basin Production Percentage (BPP) allowed by the Orange County Water District 2. Semi-annual exercises to activate the Emergency Operations Center in preparation for earthquakes, fires, etc. (emergency preparedness) 3. Explore energy efficiency for pump stations; alternate energy sources? 4. Advanced Metering Infrastructure (AMI) 5. Leak detection and fire suppression/fire hydrant Community Partnership 1. Develop better communication/strategies/messaging (expert advice, advanced planning) 2. Eagleview/DropCountr 3. Host Federal/State representatives for a tour and briefing with the Board at YLWD’s offices 4. Establish annual tours of the District facilities for the community to coincide with Water Awareness Month in May of each year 5. Production of annual report; water usage, cost, reconciliation, investments, projects, etc. a. 1-2 pages, include with bill and distribute electronically 6. Monitor and communicate emerging water quality and sewer issues and regulations Minutes of the YLWD Board of Directors Workshop Meeting Held December 7, 2017 at 6:30 p.m. 4 2017-XXX Workforce Engagement 1. Water Professionals Appreciation Week (WPAW), first Sunday of October to Sunday of the following weekend 2. Hire the best and provide training; developing management/career progression 3. Develop a comprehensive succession plan (internal promotions); revise job specifications 4. Employer of choice; enthusiastic 5. Retain high quality staff a. Mentorship program/internship program 6. District culture/ethics The next strategic planning workshop will focus on initiatives associated with the first goal, “Safe & Reliable Water and Sewer Service”. 5.2. Potential Revisions to District’s Logo The group discussed potential revisions to the District’s logo. No changes were requested at this time. Should revisions be considered in the future, it was suggested that staff prepare a cost estimate for alteration of all impacted materials. 6. ADJOURNMENT 6.1. The meeting was adjourned at 8:41 p.m. Annie Alexander Assistant Board Secretary ITEM NO. 7.2 AGENDA REPORT Meeting Date: January 9, 2018 Subject:Minutes of the Board of Directors Special and Regular Meetings Held December 12, 2017 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2017-12-12_-_Minutes_-_BOD_(A).doc Minutes Minutes 2017-12-12_-_Minutes_-_BOD_(B).doc Minutes Minutes Minutes of the YLWD Board of Directors Special Meeting Held December 12, 2017 at 5:30 p.m. 1 2017-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Tuesday, December 12, 2017, 5:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 5:36 p.m. 2. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Andrew J. Hall Marc Marcantonio, General Manager Phil Hawkins Brett Barbre, Assistant General Manager Brooke Jones Gina Knight, HR/Risk and Safety Manager Al Nederhood Annie Alexander, Executive Assistant J. Wayne Miller ALSO PRESENT Andrew Gagen, Partner, Kidman Law LLP 3. PUBLIC COMMENTS None. 4. CLOSED SESSION The meeting was adjourned to Closed Session at 5:37 p.m. All Directors were present. Also present were General Manager Marc Marcantonio, Assistant General Manager Brett Barbre, General Counsel Andrew Gagen and HR/Risk and Safety Manager Gina Knight. 4.1. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Marc Marcantonio, General Manager Brett Barbre, Assistant General Manager Gina Knight, HR/Risk and Safety Manager Vivian Lim, Human Resources Analyst Laura Kalty, Labor Counsel Employee Organization: YLWD Employees Association Minutes of the YLWD Board of Directors Special Meeting Held December 12, 2017 at 5:30 p.m. 2 2017-XXX 4.2. Conference with Legal Counsel – Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Name of Case: Irvine Ranch Water District vs. Orange County Water District (OC Superior Court – Case No. 00858584) Closed session concluded at 6:47 p.m. General Counsel Gagen reported that no action was taken during Closed Session that was required to be reported under the Brown Act. 5. ADJOURNMENT 5.1. The meeting ended at 6:47 p.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held December 12, 2017 at 6:30 p.m. 1 2017-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, December 12, 2017, 6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 6:47 p.m. The following items were taken out of order. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Andrew J. Hall Marc Marcantonio, General Manager Phil Hawkins Brett Barbre, Assistant General Manager Brooke Jones Steve Conklin, Engineering Manager Al Nederhood John DeCriscio, Operations Manager J. Wayne Miller 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 4. ADDITIONS/DELETIONS TO THE AGENDA None. 2. PLEDGE OF ALLEGIANCE Director Jones led the pledge. 5. INTRODUCTIONS AND PRESENTATIONS 5.1. Elected Official Liaison Reports None. Minutes of the YLWD Board of Directors Regular Meeting Held December 12, 2017 at 6:30 p.m. 2 2017-XXX 6. PUBLIC COMMENTS Ryan Gunstream, Senior Energy Business Manager at Honeywell Energy Services Group, introduced himself. Staff noted that Mr. Gunstream would be providing a presentation to the Board at the first regular meeting in January regarding potential cost savings. 7. ACTION CALENDAR 7.1. Reorganization of the Board of Directors and Appointment of Officers Director Hawkins made a motion, seconded by Director Jones, to nominate Director Nederhood as President. Motion carried 5-0. The meeting was then turned over to President Nederhood as the presiding officer. Director Hall made a motion to nominate Director Hawkins as Vice President. Motion failed for lack of second. Director Hawkins made a motion, seconded by Director Nederhood, to nominate Director Jones as Vice President. Motion carried 5-0. Director Hawkins made a motion, seconded by Director Jones, to appoint Annie Alexander as Secretary, Kaden Young as Assistant Secretary, and Delia Lugo as Treasurer for the next calendar year. Motion carried 5-0. 7.2. Adjourn to Yorba Linda Water District Public Financing Corporation and Financing Authority Regular Meetings The meeting was temporarily adjourned to the Public Financing Corporation and Financing Authority regular meetings at 6:58 p.m. The meeting then reconvened at 7:02 p.m. 8. CONSENT CALENDAR Director Hawkins made a motion, seconded by Director Jones, to approve the Consent Calendar. Motion carried 5-0. 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. Minutes of the YLWD Board of Directors Regular Meeting Held December 12, 2017 at 6:30 p.m. 3 2017-XXX 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 Staff provided an overview of the Directors’ compensation and the process for making modifications should the Board desire. Director Jones made a motion, seconded by Director Hawkins, to maintain the Board of Directors’ current rate of compensation. Motion carried 5-0. 9.2. Establishment of Committees and Committee, Agency and Intergovernmental Meeting Assignments Staff suggested the Directors submit their preferred assignments to President Nederhood by December 27, 2017. 9.3. Amending the General Manager’s Employment Agreement Staff explained that based on the General Manager’s job performance and in the interest of maintaining the employment relationship, the Board desired to provide the General Manager with a merit-based salary increase and vacation accrual increase effective September 2, 2017. Director Miller made a motion, seconded by Director Hawkins, to (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. Motion carried 5-0 on a Roll Call vote. Minutes of the YLWD Board of Directors Regular Meeting Held December 12, 2017 at 6:30 p.m. 4 2017-XXX 9.4. Approval of Change Order Number 2 for the Fairmont Booster Pump Station Upgrade Project Staff summarized the reasons for the change order and associated cost. Discussion regarding the purpose of the base radio followed. Director Hall made a motion, seconded by Director Hawkins, to 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. Motion carried 5-0. 10. DISCUSSION ITEMS 10.1. Request for Proposals for General Counsel Services (Nederhood) President Nederhood commented on the comparative cost information previously compiled by staff and commended General Counsel Andrew Gagen for his services. No further action on this matter was requested. 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. Directors' Reports None. 11.2. General Manager's Report General Manager Marc Marcantonio asked each of the managers to report on activities within their respective departments. 11.3. General Counsel’s Report General Counsel Gagen noted when the motion for summary judgment and trial were scheduled for Brian Wooldridge’s case against the District. He also provided guidance in regards to the Brown Act and a majority of the Board potentially campaigning as a slate in the upcoming election. 11.4. Future Agenda Items and Staff Tasks Director Hall requested an agenda item to discuss the Board’s policies and procedures and the performance of an annual self-assessment. President Nederhood requested a copy of the most recent internal audit of the District’s warehouse inventory. Minutes of the YLWD Board of Directors Regular Meeting Held December 12, 2017 at 6:30 p.m. 5 2017-XXX Director Hall suggested a schedule of future and recurring agenda items be published on the District’s website. Director Miller requested an agenda item to discuss adjusting the time for regular Board meetings. 12. COMMITTEE REPORTS 12.1. Interagency Committee with MWDOC and OCWD (Miller/Nederhood) Next meeting is scheduled January 25, 2018 at 4:00 p.m. 12.2. 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. 12.3. Joint Agency Committee with City of Placentia (Miller/Nederhood) Next meeting yet to be scheduled. 13. INTERGOVERNMENTAL MEETINGS The Directors reported on their attendance at the following meetings. 13.1 ACWA Fall Conference – November 28-30, 2017 (Jones/Miller/Nederhood) 13.2 YL Planning Commission – November 29, 2017 (Hawkins – As Needed) Director Hawkins did not attend this meeting. 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) Minutes of the YLWD Board of Directors Regular Meeting Held December 12, 2017 at 6:30 p.m. 6 2017-XXX 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 The Board reviewed the activity calendar and made no changes. 15. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 15.1 UWI Spring Conference – February 7-9, 2018 Director Hall made a motion, seconded by Director Hawkins, to approve Director attendance at this event if desired. Motion carried 5-0. 16. ADJOURNMENT 16.1. The meeting was adjourned at 8:30 p.m. Annie Alexander Board Secretary ITEM NO. 7.3 AGENDA REPORT Meeting Date: January 9, 2018 Budgeted:Yes To:Board of Directors Cost Estimate:$3,184,093.41 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 as of December 21, 2017 and January 9, 2018 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 the disbursements of December 21, 2017 in the amount of $2,091,649.67, and ratify and authorize disbursements for January 9, 2018 in the amount of $1,092,443.74. DISCUSSION: At the December 12, 2017 regular meeting, the Board approved for the disbursement of the 2017 calendar year end unpaid bills. The items that were disbursed on December 21, 2017 included: A check of $122,239.58 to ACWA/JPIA for January 2018 medical & dental premium; a check of $41,807.10 to California United Bank for the Fairmont Booster Pump Station retention payment #12; a check of $40,859.50 to Hushmand Associates Inc for Professional services at J2017-24 Waterline Replacement and J2010-11B Fairmont Booster Station; a check of $794,334.90 to Pacific Hydrotech Corporation for the Fairmont Booster Pump Station progress payment #12; a wire of $4,358.71 to So. California Gas Co. for November 2017 gas charges at multiple locations; and a wire of $655,011.22 to MWDOC for October 2017 water purchases. The balance of $119,145.45 was for routine invoices. The Accounts Payable check register total is $1,777,756.46; Payroll No. 25 total is $313,893.21 and the total of all listed disbursements for this agenda report is $2,091,649.67. A summary of the disbursements is attached. The items to be disbursed on January 09, 2018 includes: A check of $556,646.69 to Orange County Water District for FY16/17 annexation charges and In-Lieu Water for November 2017; and a wire of $46,225.05 to So. Cal Edison for November 2017 electricity charges at multiple locations. The balance of $197,487.55 is for routine invoices. The Accounts Payable check register total for January 9, 2018 is $800,359.29 and Payroll No. 26 total is $292,084.45. A total of all listed disbursements for this agenda report is $1,092,443.74. A summary of the disbursements is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. ATTACHMENTS: Name:Description:Type: 17-CS_1221.pdf Cap Sheet - 12/21/17 Backup Material CkReg122117.pdf Check Register - 12/21/17 Backup Material 17_CC_1221.pdf Credit Card Summary - 12/21/17 Backup Material 18-CS_0109.pdf Cap Sheet - 01/09/18 Backup Material CkReg010918.pdf Check Register - 01/09/18 Backup Material 18_CC_0109.pdf Credit Card Summary - 01/09/18 Backup Material Summary of Disbursements December 21, 2017 CHECK NUMBERS & WIRES: Computer Checks 71119—71195 $ 1,118,386.53 ____________ $ 1,118,386.53 WIRES: W 121417 So. Cal Gas Co. $ 4,358.71 W121517 MWDOC $ 655,011.22 _____________ $ 659,369.93 TOTAL OF CHECKS & WIRES $1,777,756.46 PAYROLL NO. 25: Direct Deposits $ 199,235.03 Third Party Checks 6836—6844 $ 16,118.16 Payroll Taxes $ 61,897.12 EFT – CalPERS Payroll #25 $ 36,642.90 $ 313,893.21 TOTAL OF PAYROLLS $313,893.21 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $2,091,649.67 ================================================================== APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF JANUARY 09, 2018 ==================================================================. Check No.Date Vendor Name Amount Description 71133 12/21/2017 ACWA/JPIA 122,239.58 MEDICAL & DENTAL PREMIUM - JANUARY 2018 71130 12/21/2017 ADAM J FELDKAMP 20.30 CUSTOMER REFUND 71134 12/21/2017 Anthony Manzano 202.10 J17-11 - TRAVEL EXPENSE - AWWA NAWL CONFERENCE 71135 12/21/2017 Aquatic Inspections 9,000.00 HIGHLAND RESERVOIR ANNUAL INSPECTION & CLEANING 71136 12/21/2017 Aramark 381.86 UNIFORM SERVICE 71138 12/21/2017 B & M Lawn and Garden Inc 32.22 EQUIPMENT MAINTENANCE #E206 71124 12/21/2017 BELINDA DE SHAY 17.35 CUSTOMER REFUND 71128 12/21/2017 BENJAMIN CLARK 145.56 CUSTOMER REFUND 71137 12/21/2017 Best Drilling and Pump, Inc.1,200.00 VIDEO LOG SURVEY - WELL 20 71139 12/21/2017 Brian Vargas 140.00 CERTIFICATE REIMBURSEMENT - D4 71140 12/21/2017 BrightView Tree Care Services Inc.1,775.00 LANDSCAPE MAINTENANE - DECEMBER 2017 71141 12/21/2017 Brooke Jones 27.61 MILEAGE REIMBURSEMENT - NOVEMBER 2017 71142 12/21/2017 Bush & Associates Inc 14,055.00 J17-24 - 40 SCALE AERIAL MAPS & STREET CENTERLINE 71151 12/21/2017 C. Wells Pipeline 1,750.94 OPERATIONS WORK MATERIAL 71143 12/21/2017 CalCard US Bank 12,178.34 CREDIT CARD TRANSACTIONS - NOVEMBER & DECEMBER 2017 71144 12/21/2017 California United Bank 41,807.10 J10-11B - FAIRMONT BOOSTER STATION - RETENTION #12 71145 12/21/2017 Centa Corporation 1,725.28 FAIRMONT #2 - MAINTENANCE 71146 12/21/2017 City Of Placentia 3,266.18 SEWER FEES - NOVEMBER 2017 71147 12/21/2017 City Of Yorba Linda 53.00 ENCROACHMENT PERMIT 71148 12/21/2017 Coastline Equipment 129.89 VEHICLE MAINTENANCE - UNIT #139 & #145 71150 12/21/2017 Culligan of Santa Ana 2.85 EQUIPMENT PE SOFTENER 71152 12/21/2017 Cynthia Botts 1,170.00 NOVEMBER & DECEMBER 2017 - PROFESSIONAL SERVICES 71153 12/21/2017 Dell Marketing L.P.1,614.08 VLA OFFICE STD LICENSE 71154 12/21/2017 Dick's Lock & Safe Inc.92.50 ONSITE DOOR REPAIR-WHAREHOUSE 71155 12/21/2017 DLT Solutions, LLC.541.55 AUTODESK AUTOCAD RENEWAL 71156 12/21/2017 EATON Corporation 12,020.56 INSTALL & PROGRAM RELAYS 71157 12/21/2017 Eisel Enterprises, Inc.2,763.79 (27) VALVE BOX & COVERS 71158 12/21/2017 Energy Environmental Soln, Inc 2,400.00 ENGINE EMISSION TEST- WELL #1 71159 12/21/2017 Enthalpy Analytical, Inc.2,381.00 WATER QUALITY LAB TESTING 71160 12/21/2017 EyeMed 1,386.95 EYE MED - DECEMBER 2017 71161 12/21/2017 Fleet Services, Inc 70.15 VEHICLE MAINTENANCE - UNIT #168 71162 12/21/2017 Flex Advantage 117.00 FLEX ADVANTAGE - 26 PARTICIPANTS - NOVEMBER 2017 71163 12/21/2017 Fry's Electronics 37.70 IT HARDWARE SUPPLIES 71164 12/21/2017 Fuller Truck Accessories 692.42 CROSS BOX - UNIT #219 71121 12/21/2017 GLENN HELLYER 81.46 CUSTOMER REFUND 71165 12/21/2017 Harrington Industrial 672.92 CL2 PARTS 71167 12/21/2017 Hushmand Associates Inc 40,859.50 PROF. SVC - J17-24 -WATERLINE REPLACE & J10-11B - FAIRMONT BS 71168 12/21/2017 Hydrex Pest Control 350.00 PEST CONTROL SERVICE 71169 12/21/2017 Infosend Inc.2,522.09 POSTAGE AND PRINTING FEE 71170 12/21/2017 Jackson's Auto Supply - Napa 407.66 EQUIPMENT & ENGINE MAINTENANCE 71171 12/21/2017 Kimball Midwest 1,217.77 MECHANIC SHOP SUPPLIES 71127 12/21/2017 LANDVEST LLC 430.42 CUSTOMER REFUND 71119 12/21/2017 LESTER RITTER 25.70 CUSTOMER REFUND 71166 12/21/2017 MailFinance 292.29 HASLER LEASE 17022170 71173 12/21/2017 Managed Health Network 173.25 EAP - DECEMBER 2017 71174 12/21/2017 Mc Fadden-Dale Hardware 514.64 HARDWARE SUPPLIES 71175 12/21/2017 Mc Master-Carr Supply Co.175.15 MECHANIC SHOP SUPPLIES 71149 12/21/2017 Merging Communications, Inc.1,620.00 TELCO/PHONE SERVICING 71131 12/21/2017 MICHELLE GARCIA 47.96 CUSTOMER REFUND 71123 12/21/2017 MICHELLE PATERSON 170.55 CUSTOMER REFUND 71120 12/21/2017 MILTON E MOOERS 43.30 CUSTOMER REFUND 71176 12/21/2017 Minuteman Press 506.78 BUS. CARDS [SEGURA & LOPEZ] AND SERVICE SHUT OFF DOOR 71195 12/21/2017 MNG-FWE LP 7,892.00 BOND RELEASE - J13-13 YAVITZ CO, VALLEY VIEW RETAIL W121517 12/15/2017 Municipal Water District 655,011.22 WATER DELIVERIES - OCTOBER 2017 71178 12/21/2017 NatPay Online Business Solutions 35.55 DOCULIVERY - NOVEMBER 2017 71179 12/21/2017 Nickey Kard Lock Inc 5,172.82 FUEL - 11/16/17 - 11/30/17 71125 12/21/2017 OC / LA PROPERTIES LLC 404.90 CUSTOMER REFUND 71180 12/21/2017 Pacific Hydrotech Corporation 794,334.90 J10-11B - FAIRMONT PUMP STATION UPGRADE - PROGRESS PAYMENT #12 71181 12/21/2017 Powerstride Battery 593.98 VEHICLE BATTERY REPLACEMENTS 71182 12/21/2017 Praxair Distribution 160.28 WELDING SUPPLIES 71185 12/21/2017 Rachel Padilla/Petty Cash 121.18 PETTY CASH - Y112917 71183 12/21/2017 Sanders Paving, Inc.7,968.75 CONCRETE REPAIR - SIDEWALKS - VARIOUS LOCATIONS 71122 12/21/2017 SHARI PALICKE 7.34 CUSTOMER REFUND Yorba Linda Water District Check Register For Checks Dated: 11/29/2017 thru 12/12/2017 71132 12/21/2017 SIYI TANG 74.14 CUSTOMER REFUND 71184 12/21/2017 Solarwinds Inc.1,680.61 ANNUAL MAINTENANCE RENEWALS W121417 12/14/2017 Southern Calif Gas Co.4,358.71 MULTIPLE LOCATIONS -GAS CHARGES- NOVEMBER 2017 71188 12/21/2017 St.Jude Hospital Yorba Linda 230.00 POST EMPLOYEE PHYSICAL EXAMS 71186 12/21/2017 Stantec Consulting Services In 3,842.00 J14-23 - RICHFIELD ROAD PIPELINE 71187 12/21/2017 Steelclad, Inc.1,350.00 WEED ABATEMENT - 3864 QUARTER HORSE 71189 12/21/2017 SWRCB 2,088.00 ANNUAL PERMIT 71172 12/21/2017 The Lighthouse Inc.449.13 LED LIGHTBAR - UNIT #216 & #219 71190 12/21/2017 Underground Service Alert 224.50 DIGALERT - NOVEMBER 2017 71191 12/21/2017 United Industries 762.60 PPE EQUIPMENT 71192 12/21/2017 United Water Works, Inc.1,364.07 OPERATIONS WORK MATERIAL 71126 12/21/2017 VERONICA ZAVALA 46.04 CUSTOMER REFUND 71177 12/21/2017 VOID 0.00 VOID 71193 12/21/2017 Westside Building Material 252.14 (24) LONG SHACKLE LOCK KEYS 71129 12/21/2017 XUEMIN CHEN 87.55 CUSTOMER REFUND 71194 12/21/2017 YO Fire 3,694.75 OPERATIONS WORK MATERIAL 1,777,756.46 12-14-2017 PAYROLL #25 - EMPLOYEE DIRECT DEPOSIT 199,235.03 12-14-2017 PAYROLL #25 - PAYROLL TAX PAYMENT 61,897.12 12-14-2017 PAYROLL #25 - CALPERS EFT 36,642.90 6733 07/13/2017 VOID - 6836 12-06-2017 KATHERINE VARGAS-LIMON 231.00 6837 12-14-2017 COLONIAL LIFE & ACCIDENT 107.10 6838 12-14-2017 FLEX ADVANTAGE 1,914.72 6839 12-14-2017 LINCOLN FINANCIAL GROUP 3,927.43 6840 12-14-2017 NATIONWIDE RETIREMENT SOLUTIONS 8,610.77 6841 12-14-2017 KATHERINE VARGAS-LIMON 231.00 6842 12-14-2017 CALIFORNIA STATE DISBURSEMENT UNIT 366.92 6843 12-14-2017 CALIFORNIA STATE DISBURSEMENT UNIT 339.69 6844 12-14-2017 CALIFORNIA STATE DISBURSEMENT UNIT 389.53 313,893.21 Payroll Checks #25 Vendor Name Amount Description Monoprice Inc 148.41 Networking equipment & supplies ARMA International 215.00 SCIE ARMA - Professional Dues Staples 265.51 Office supplies - Operations Verizon Wireless 3,718.83 Verizon Wireless service - October 2017 Hilton Palm Springs 182.41 Travel Expense - UWI Spring Conference - Jones, B Urban Water Institute 475.00 Travel Expense - UWI Spring Conference - Jones, B Amazon.com 12.99 Cell phone supplies Blake's Place 167.56 Lunch - Well 21 Opening (10) attendees Dell Marketing L.P.48.48 Notebook carrier - Management Analyst MySafetySign.com 69.75 (5) Danger Signs - Productions Nat'L Water Research Institute 30.00 Travel Expense - NWRI Workshop - Nederhood, A Amazon.com 24.95 Cell phone supplies AWWA 850.00 Travel Expense - AWWA Conference - Nederhood, A AWWA 850.00 Travel Expense - AWWA Conference - Jones, B AWWA 850.00 Travel Exp - AWWA Conference Marcantonio, M Hilton Palm Springs 182.41 Travel Expense - UWI Spring Conference - Nederhood, A Home Depot 122.63 Electrical supplies - Facilities Knowlwood 30.95 Welcome lunch - New hire (3) attendees Nat'L Water Research Institute 30.00 Travel Expense - NWRI Workshop - Young, K Urban Water Institute 475.00 Travel Expense - UWI Spring Conference - Nederhood, A Amazon.com 54.95 Vehicle equipment Best Value Tire & Wheel 41.27 Mount & Balance (2) tires - Unit #207 Home Depot 142.38 Paint & paint supplies - Building #2 Home Depot 96.76 SOD replacement Marriott Hotels 79.00 Travel Expense - ACWA Conference - Nederhood, A The Toll Roads 6.93 Travel Expense - WEROC meeting - Toll fees Killingsworth Gear 31.74 Site glass assembly - Well repair Target 13.18 Retirement reception - Barmer, D Trader Joes 25.80 Retirement reception - Barmer, D Amazon.com 180.14 Mechanics shop equipment Marriott Hotels 15.00 Travel Exp - ACWA Conference - Marcantonio, M Strobes N More 111.69 Strobe light cables Amazon.com 229.62 Vehicle equipment - Unit #216 & #219 Energy Environmental Soln, Inc 2,400.00 Emissions testing - Highland 12,178.34 Cal Card Credit Card U S Bank Summary of Disbursements January 09, 2018 CHECK NUMBERS & WIRES: Computer Checks 71196—71510 $ 754,134.24 ____________ $ 754,134.24 WIRES: W 122017 So. Cal Edison $ 46,225.05 _____________ $ 46,225.05 TOTAL OF CHECKS & WIRES $800,359.29 PAYROLL NO. 26: Direct Deposits $ 179,889.78 Third Party Checks 6845—6857 $ 19,059.67 Payroll Taxes $ 56,069.20 EFT – CalPERS Payroll #26 $ 37,065.80 $ 292,084.45 TOTAL OF PAYROLLS $292,084.45 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $1,092,443.74 ================================================================== APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF JANUARY 09, 2018 ==================================================================. Check No.Date Vendor Name Amount Description 71232 01/09/2018 ABBY KOYANAGI 44.18 CUSTOMER REFUND 71392 01/09/2018 AIMEE SHAFIK 44.18 CUSTOMER REFUND 71432 01/09/2018 Al Nederhood 124.66 TRAVEL EXPENSE REIMBURSEMENT - CRWUA CONF & MILEAGE REIMBURSEMENT 71416 01/09/2018 ALAN SCHULE 44.18 CUSTOMER REFUND 71371 01/09/2018 ALBERT CABRAL 44.18 CUSTOMER REFUND 71336 01/09/2018 ALICIA SAPORITO 44.18 CUSTOMER REFUND 71391 01/09/2018 ALLISON MATTHEWS 97.37 CUSTOMER REFUND 71417 01/09/2018 AMDJ REALTY 44.18 CUSTOMER REFUND 71433 01/09/2018 Anaheim Wheel & Tire 75.00 WHEEL ALIGNMENT - UNIT #200 71366 01/09/2018 ANNA ORTEGA 44.18 CUSTOMER REFUND 71325 01/09/2018 ANNE DEAN HUERTA 44.18 CUSTOMER REFUND 71399 01/09/2018 ANNIE X YAO 44.18 CUSTOMER REFUND 71434 01/09/2018 Anthony Manzano 125.00 CERTIFICATE REIMBURSEMENT - T2 71246 01/09/2018 ANUJ SAIGAL 44.18 CUSTOMER REFUND 71339 01/09/2018 APRIL YOSHIOKA 44.18 CUSTOMER REFUND 71435 01/09/2018 Aramark 387.36 UNIFORM SERVICE 71436 01/09/2018 Armando Raya 170.00 CERTIFICATE REIMBURSEMENT - DISTRIBUTION RENEWAL 71200 01/09/2018 ARTHUR NEWMAN 44.18 CUSTOMER REFUND 71368 01/09/2018 ASPEN RODEO 44.18 CUSTOMER REFUND 71437 01/09/2018 AT & T - Calnet3 4,255.79 ATT CALNET 3 71438 01/09/2018 Autoscribe Corporation 832.50 PAYMENT VISION GATEWAY 71439 01/09/2018 Battery Systems Inc 87.65 EQUIPMENT MAINTENANCE - #E1 71271 01/09/2018 BENJAMIN VURA 102.71 CUSTOMER REFUND 71427 01/09/2018 BEVERLY NGUYEN 44.18 CUSTOMER REFUND 71241 01/09/2018 BHAVIN PATEL 44.18 CUSTOMER REFUND 71226 01/09/2018 BILL ARNOULD 44.18 CUSTOMER REFUND 71317 01/09/2018 BILLIE POLYAK 44.18 CUSTOMER REFUND 71379 01/09/2018 BOBBY J HAMBY 44.18 CUSTOMER REFUND 71267 01/09/2018 BORIS CERCEK 44.18 CUSTOMER REFUND 71204 01/09/2018 BRADLEY JUDD 44.18 CUSTOMER REFUND 71312 01/09/2018 BRENT IKARI 44.18 CUSTOMER REFUND 71411 01/09/2018 BRIAN BACSAFRA 44.18 CUSTOMER REFUND 71320 01/09/2018 BRIAN HEW 44.18 CUSTOMER REFUND 71282 01/09/2018 BRIAN MASON 44.18 CUSTOMER REFUND 71440 01/09/2018 Brooke Jones 88.28 TRAVEL EXPENSE REIMBURSEMENT - CRWUA CONF & MILEAGE REIMBURSEMENT 71205 01/09/2018 BRUCE SONG 44.18 CUSTOMER REFUND 71360 01/09/2018 BRYAN M HOVDE 44.18 CUSTOMER REFUND 71198 01/09/2018 BRYON KUNGL 44.18 CUSTOMER REFUND 71340 01/09/2018 BURGER KING #11157 CA FOOD MGMT 44.18 CUSTOMER REFUND 71442 01/09/2018 CalCard US Bank 11,866.20 CREDIT CARD TRANSACTIONS - DECEMBER 2017 71441 01/09/2018 Calolympic Safety Co.932.36 SAFETY EQUIPMENT 71341 01/09/2018 CARA KEYS 44.18 CUSTOMER REFUND 71287 01/09/2018 CAROLE HAYATA 44.18 CUSTOMER REFUND 71443 01/09/2018 Carollo Engineers 21,348.75 J2017-15 - PROFESSIONAL SERVICES - NOVEMBER 2017 71423 01/09/2018 CATERENA MILLER 44.18 CUSTOMER REFUND 71202 01/09/2018 CATHERINE GOMEZ 44.18 CUSTOMER REFUND 71215 01/09/2018 CATHY ROCHA 44.18 CUSTOMER REFUND 71444 01/09/2018 Certified Laboratories 702.09 HYDRANT REPAIR PARTS 71219 01/09/2018 CHARLES CONNERS 44.18 CUSTOMER REFUND 71245 01/09/2018 CHARLES LEJSEK 25.76 CUSTOMER REFUND 71217 01/09/2018 CHARLOTTE KOVACH 44.18 CUSTOMER REFUND 71277 01/09/2018 CHIOU JANE CHEN 44.18 CUSTOMER REFUND 71266 01/09/2018 CHRIS DOBLE 36.61 CUSTOMER REFUND 71337 01/09/2018 CHRIS FUJIYOSHI 44.18 CUSTOMER REFUND 71420 01/09/2018 CHRISTIAN FARROW 199.07 CUSTOMER REFUND 71429 01/09/2018 CHRISTINE PEERY 44.18 CUSTOMER REFUND 71234 01/09/2018 CHRISTOPHER FERGUSON 44.18 CUSTOMER REFUND 71261 01/09/2018 CINDY BRANDOM 44.18 CUSTOMER REFUND 71445 01/09/2018 City Of Anaheim 1,919.68 LAKEVIEW & RICHFIELD -ELECTRICITY CHARGES- 11/13/17-12/12/17 71446 01/09/2018 City Of Placentia 265.88 ENCROACHMENT PERMIT #717010 71338 01/09/2018 CLARA CREPPS 60.00 CUSTOMER REFUND 71447 01/09/2018 Clinical Lab. Of San Bern.1,650.00 WATER QUALITY - LAB SAMPLING 71448 01/09/2018 CNA Surety 350.00 BOND - #71230777 - ALEXANDER, A Yorba Linda Water District Check Register For Checks Dated: 11/29/2017 thru 12/12/2017 71270 01/09/2018 CONSTANCE HOOD 44.18 CUSTOMER REFUND 71449 01/09/2018 Cortech Engineering 17,531.30 HYPRO INJECTION SKID & CL2 REPLACEMENT PARTS 71357 01/09/2018 COURTNEY MASON 44.18 CUSTOMER REFUND 71322 01/09/2018 COURTNEY SIDLER 44.18 CUSTOMER REFUND 71253 01/09/2018 CRAIG SMITH 77.23 CUSTOMER REFUND 71451 01/09/2018 Culligan of Santa Ana 1,754.31 EQUIPMENT PE SOFTENER 71201 01/09/2018 DALE YEAGER 44.18 CUSTOMER REFUND 71252 01/09/2018 DAN ARAUJO 44.18 CUSTOMER REFUND 71281 01/09/2018 DAN BYRNES 44.18 CUSTOMER REFUND 71377 01/09/2018 DANI QUICK 44.18 CUSTOMER REFUND 71413 01/09/2018 DANIEL POON 44.18 CUSTOMER REFUND 71237 01/09/2018 DAVID NEWMAN 44.18 CUSTOMER REFUND 71258 01/09/2018 DAVID OGILBEE 44.18 CUSTOMER REFUND 71454 01/09/2018 Dean Criske Trucking 2,217.20 ROAD MATERIAL 71236 01/09/2018 DEBBI CHRISTINE THUES 44.18 CUSTOMER REFUND 71452 01/09/2018 Dell Marketing L.P.2,920.92 DELL MONITORS & OFFICE EQUIPMENT 71453 01/09/2018 Delta Wye Electric, Inc.4,670.00 BOX CANYON - BATTERY PANEL 71362 01/09/2018 DESLEY JONES 44.18 CUSTOMER REFUND 71283 01/09/2018 DINH DOAN 44.18 CUSTOMER REFUND 71291 01/09/2018 DONNA ROSE 44.18 CUSTOMER REFUND 71330 01/09/2018 DORIS HSIEH 44.18 CUSTOMER REFUND 71354 01/09/2018 DULCE RODRIGUEZ 1.33 CUSTOMER REFUND 71403 01/09/2018 EDNA YARASHEVICH 44.18 CUSTOMER REFUND 71455 01/09/2018 Eisel Enterprises, Inc.1,035.48 METER BOXES & LIDS 71347 01/09/2018 ELIAS GONSALVES 44.18 CUSTOMER REFUND 71307 01/09/2018 ELIZABETH ZOU 44.18 CUSTOMER REFUND 71303 01/09/2018 ELSA ARBUES 44.18 CUSTOMER REFUND 71456 01/09/2018 Employee Relations, Inc.207.70 PRE EMPLOYMENT - BACKGROUND REPORT 71311 01/09/2018 ERIC PAINO 11.44 CUSTOMER REFUND 71457 01/09/2018 Etchandy Commerce Center, LLC 4,400.00 LANDSCAPE SERVICE - PINE TREE REMOVAL - WELL #15 71458 01/09/2018 Fairway Ford Sales, Inc.183.14 VEHICLE MAINTENANCE 71459 01/09/2018 Federal Express 18.38 SHIPPING CHARGES 71460 01/09/2018 Fieldman Rolapp & Associates 2,767.50 FITCH RATE REVIEW 71461 01/09/2018 Fleet Services, Inc 67.16 MECHANICS SHOP SUPPLIES 71292 01/09/2018 FRANCES TYLER 44.18 CUSTOMER REFUND 71300 01/09/2018 FRANKLIN MANDAP 44.18 CUSTOMER REFUND 71206 01/09/2018 FRED FRANKS 44.18 CUSTOMER REFUND 71462 01/09/2018 Fry's Electronics 478.16 IT HARDWARE 71273 01/09/2018 G GLEN DALE 44.18 CUSTOMER REFUND 71203 01/09/2018 GABRIELLA HERNANDEZ 44.18 CUSTOMER REFUND 71331 01/09/2018 GENERAL NUTRITION CORP 44.18 CUSTOMER REFUND 71265 01/09/2018 GEORGE KRATOCHVIL 1.83 CUSTOMER REFUND 71327 01/09/2018 GRACE HONG 92.90 CUSTOMER REFUND 71207 01/09/2018 GREG WALKER 44.18 CUSTOMER REFUND 71352 01/09/2018 GUARDIAN TEAM REALTY 44.18 CUSTOMER REFUND 71463 01/09/2018 Haaker Equipment Co.3,519.46 VEHICLE MAINTENANCE - UNIT 197 & 210 71464 01/09/2018 Hach Company 802.36 POCKET CHLORMETERS 71329 01/09/2018 HANS OEI 44.18 CUSTOMER REFUND 71285 01/09/2018 HARRY REIGER 44.18 CUSTOMER REFUND 71235 01/09/2018 HAZEL CARACCI 44.18 CUSTOMER REFUND 71393 01/09/2018 HEBA ZEDAN 44.18 CUSTOMER REFUND 71348 01/09/2018 HELEN RUBIN 44.18 CUSTOMER REFUND 71450 01/09/2018 HERNAN ESPEJO 44.18 CUSTOMER REFUND 71419 01/09/2018 HUI LU 44.18 CUSTOMER REFUND 71465 01/09/2018 Hushmand Associates Inc 1,410.00 J2014-23 - REPORT PREPARATION - RICHFIELD RD 71466 01/09/2018 Hydrex Pest Control 175.00 PEST CONTROL 71304 01/09/2018 IHAB ABUWARDA 44.18 CUSTOMER REFUND 71345 01/09/2018 ILSE VILCHEZ 12.51 CUSTOMER REFUND 71467 01/09/2018 Infosend Inc.9,623.30 POSTAGE & PRINTING FEE 71468 01/09/2018 Jackson's Auto Supply - Napa 320.15 VEHICLE MAINTENANCE - UNIT #199 & #214 71397 01/09/2018 JACQUELINE J KENNEDY 44.18 CUSTOMER REFUND 71469 01/09/2018 Jacqueline Segura 6.74 MILEAGE REIMBURSEMENT - NOVEMBER 2017 71196 01/09/2018 JAMES C STUDER 44.18 CUSTOMER REFUND 71400 01/09/2018 JAMES LEWIS 44.18 CUSTOMER REFUND 71350 01/09/2018 JAMES RAFFERTY 44.18 CUSTOMER REFUND 71401 01/09/2018 JAMIE KIM 44.18 CUSTOMER REFUND 71221 01/09/2018 JANET LECLAIRE 44.18 CUSTOMER REFUND 71346 01/09/2018 JANET ORTEGA 44.18 CUSTOMER REFUND 71249 01/09/2018 JANIE CHEN 44.18 CUSTOMER REFUND 71402 01/09/2018 JASON LUNA 44.18 CUSTOMER REFUND 71212 01/09/2018 JASON WELLENDORF 44.18 CUSTOMER REFUND 71299 01/09/2018 JEFF CLOUSE 44.18 CUSTOMER REFUND 71286 01/09/2018 JEFF GRAHOVEC 44.18 CUSTOMER REFUND 71398 01/09/2018 JENNIFER SEDA 44.18 CUSTOMER REFUND 71415 01/09/2018 JENNIFER TOBIAS 44.18 CUSTOMER REFUND 71259 01/09/2018 JEWEL KATZ 44.18 CUSTOMER REFUND 71213 01/09/2018 JIM SIMPSON 44.18 CUSTOMER REFUND 71363 01/09/2018 JIMMY GARREY 44.18 CUSTOMER REFUND 71310 01/09/2018 JIMMY RATLIFF 44.18 CUSTOMER REFUND 71358 01/09/2018 JOANNE KIM 44.18 CUSTOMER REFUND 71355 01/09/2018 JOHN BAX 15.19 CUSTOMER REFUND 71229 01/09/2018 JOHN GELB 44.18 CUSTOMER REFUND 71324 01/09/2018 JOHN L SQUIRE 44.18 CUSTOMER REFUND 71470 01/09/2018 John R Brundahl III 336.00 REIMBURSEMENT - TRAINING - PROFESSIONAL DEVELOPMENT 71269 01/09/2018 JOHN ROEDER 44.18 CUSTOMER REFUND 71225 01/09/2018 JOHN W HATHOOT 44.18 CUSTOMER REFUND 71295 01/09/2018 JOHN WILLIAMSON 44.18 CUSTOMER REFUND 71257 01/09/2018 JONNAN POPLIN 5.64 CUSTOMER REFUND 71471 01/09/2018 Jon's Flags & Poles, Inc.791.96 HARDWARE SUPPLIES 71297 01/09/2018 JOO YUN YOO 4.17 CUSTOMER REFUND 71296 01/09/2018 JOSE PALAFOX JR 44.18 CUSTOMER REFUND 71426 01/09/2018 JOSE VALDEZ 44.18 CUSTOMER REFUND 71356 01/09/2018 JOSEPHINE SHARTON 44.18 CUSTOMER REFUND 71220 01/09/2018 JOSEPHONE CRUZ 44.18 CUSTOMER REFUND 71230 01/09/2018 JOY A THEOBALD 15.97 CUSTOMER REFUND 71374 01/09/2018 JS ALLIANCE CORP 44.18 CUSTOMER REFUND 71278 01/09/2018 JULIE SPENCER 43.30 CUSTOMER REFUND 71385 01/09/2018 JWK INVESTMENTS LLC 15.00 CUSTOMER REFUND 71359 01/09/2018 KAREL TASKA 44.18 CUSTOMER REFUND 71275 01/09/2018 KAREN HEFFERNAN 44.18 CUSTOMER REFUND 71342 01/09/2018 Karmen Donnally 44.18 CUSTOMER REFUND 71274 01/09/2018 KATHY WRIGHT 44.18 CUSTOMER REFUND 71256 01/09/2018 KEN RUTZ 44.18 CUSTOMER REFUND 71422 01/09/2018 KEUN YOO 203.76 CUSTOMER REFUND 71394 01/09/2018 KIM CLARK 44.18 CUSTOMER REFUND 71472 01/09/2018 Konica Minolta Business 1,911.70 MONTHLY LEASE - COPIERS C258 & C558 71268 01/09/2018 KRISTIN DARK 44.18 CUSTOMER REFUND 71314 01/09/2018 KRISTINE LU 44.18 CUSTOMER REFUND 71372 01/09/2018 LAINA HILLIGER 44.18 CUSTOMER REFUND 71333 01/09/2018 LANAE GIESE 44.18 CUSTOMER REFUND 71255 01/09/2018 LARRY FINLAYSON 44.18 CUSTOMER REFUND 71365 01/09/2018 LAUREN STANLEY 50.40 CUSTOMER REFUND 71309 01/09/2018 LENA CESARE 44.18 CUSTOMER REFUND 71224 01/09/2018 LETTUCE WOK & ROLL 44.18 CUSTOMER REFUND 71473 01/09/2018 Liebert Cassidy Whitmore 375.00 LEGAL SERVICES 71279 01/09/2018 LILET AYROSO 7.17 CUSTOMER REFUND 71387 01/09/2018 LINDA G ROCCO 44.18 CUSTOMER REFUND 71276 01/09/2018 LISA JONES 44.18 CUSTOMER REFUND 71250 01/09/2018 LIZ PERRY 44.18 CUSTOMER REFUND 71474 01/09/2018 Lizardi Training Center, LLC 500.00 ACTIVE SHOOTER TRAINING 71475 01/09/2018 Managed Health Network 177.75 EAP - JANUARY 2018 71263 01/09/2018 MANOHAR AILAWADHI 44.18 CUSTOMER REFUND 71344 01/09/2018 MARC GARCIA 44.18 CUSTOMER REFUND 71476 01/09/2018 Marc Marcantonio 75.00 TRAVEL EXPENSE REIMBURSEMENT - CRWUA CONF & MILEAGE REIMBURSEMENT 71210 01/09/2018 MARIE LODIGIANI 44.18 CUSTOMER REFUND 71384 01/09/2018 MARK MURPHY 44.18 CUSTOMER REFUND 71244 01/09/2018 MARK WEISENBERG 44.18 CUSTOMER REFUND 71216 01/09/2018 MARY J BAUGH 25.70 CUSTOMER REFUND 71477 01/09/2018 Mc Fadden-Dale Hardware 239.90 HARDWARE SUPPLIES 71478 01/09/2018 Mc Master-Carr Supply Co.170.48 HARDWARE SUPPLIES 71343 01/09/2018 MEGAN LEDERHOS 1.71 CUSTOMER REFUND 71223 01/09/2018 MELISSA MARTIN 44.18 CUSTOMER REFUND 71290 01/09/2018 MICHAEL KIZERIAN 44.18 CUSTOMER REFUND 71373 01/09/2018 MICHELLE BELTRAN 42.25 CUSTOMER REFUND 71214 01/09/2018 MILDRED M BRICKSON 44.18 CUSTOMER REFUND 71293 01/09/2018 MILTON GUILES 44.18 CUSTOMER REFUND 71424 01/09/2018 MIN CAO 44.18 CUSTOMER REFUND 71370 01/09/2018 MITSUKO MURANAKA 114.47 CUSTOMER REFUND 71479 01/09/2018 Mobile Industrial Supply 8.00 WELDING SUPPLIES 71428 01/09/2018 MOHAMMED MOIDUDDIN 44.18 CUSTOMER REFUND 71480 01/09/2018 Muzak LLC 89.56 CUSTOMER MESSAGE/PHONE SERVICE - JANUARY 2017 71315 01/09/2018 MYUNG PARK 44.18 CUSTOMER REFUND 71395 01/09/2018 NADINE BLACK 44.18 CUSTOMER REFUND 71228 01/09/2018 NANCY GARCIA 44.18 CUSTOMER REFUND 71301 01/09/2018 NHON LU 44.18 CUSTOMER REFUND 71481 01/09/2018 Nickey Kard Lock Inc 5,893.24 FUEL - 12/01-12/15/17 71208 01/09/2018 NICOLE ANDREWS 44.18 CUSTOMER REFUND 71233 01/09/2018 NOBORU ARAKAWA 44.18 CUSTOMER REFUND 71280 01/09/2018 NOLI LEGASPI 44.18 CUSTOMER REFUND 71482 01/09/2018 Odyssey Power Corporation 600.00 (2) HOUR LOAD BANK TEST 71431 01/09/2018 OHL USA 132.54 CUSTOMER REFUND 71483 01/09/2018 Omni Enterprise Inc.5,980.00 JANITORIAL SERVICES - OCTOBER AND NOVEMBER 2017 71484 01/09/2018 Orange County - Fire Authority 623.00 HAZ MAT FEES 71485 01/09/2018 Orange County - Tax Collector 607.07 ENCROACHMENT PERMIT 71486 01/09/2018 Orange County Water District 556,646.69 ANNEXATION CHARGES FY16/17 & IN-LIEU WATER FOR NOVEMBER 71332 01/09/2018 ORANGE TREE TRADES 44.18 CUSTOMER REFUND 71493 01/09/2018 P.T.I. Sand & Gravel, Inc.1,135.05 ROAD MATERIAL 71367 01/09/2018 PAN PACIFIC MGMT CO 44.18 CUSTOMER REFUND 71381 01/09/2018 PANDORA SHAO 1.36 CUSTOMER REFUND 71487 01/09/2018 PARMA 150.00 PASMA MEMBERSHIP - HR DEPARTMENT 71488 01/09/2018 Parts Source Anaheim 47.22 EQUIPMENT MAINTENANCE - UNIT #E93 71489 01/09/2018 PASMA 150.00 PASMA MEMBERSHIP - KNIGHT & SMITH 71242 01/09/2018 PATRICK CORDES 44.18 CUSTOMER REFUND 71318 01/09/2018 PATTIE BOLTON 44.18 CUSTOMER REFUND 71414 01/09/2018 PEGGY SHIEH 44.18 CUSTOMER REFUND 71490 01/09/2018 Pete's Road Service Inc 6,047.62 VEHICLE MAINTENANCE - UNIT #168 & #196 71406 01/09/2018 PHILIP BIERMAN 44.18 CUSTOMER REFUND 71390 01/09/2018 PICR LP 44.18 CUSTOMER REFUND 71491 01/09/2018 Powerstride Battery 206.79 (2) BATTERIES - UNIT #166 71492 01/09/2018 Praxair Distribution 157.55 WELDING SUPPLIES 71248 01/09/2018 PULTE GROUP 2009 220.90 CUSTOMER REFUND 71388 01/09/2018 QIANG ZHANG 44.18 CUSTOMER REFUND 71380 01/09/2018 RACHEL HOLGUIN 142.39 CUSTOMER REFUND 71498 01/09/2018 Rachel Padilla/Petty Cash 719.38 PETTY CASH - O121217, Y121317 & O122617 71407 01/09/2018 RANDOLFO REATEGUI 44.18 CUSTOMER REFUND 71410 01/09/2018 RANDY LAFFERTY 44.18 CUSTOMER REFUND 71369 01/09/2018 RANI GOYAL 44.18 CUSTOMER REFUND 71421 01/09/2018 REAL PROPERTY MANAGEMENT 44.18 CUSTOMER REFUND 71326 01/09/2018 REBECCA HILLS 44.18 CUSTOMER REFUND 71408 01/09/2018 RICHARD JELKE 44.18 CUSTOMER REFUND 71197 01/09/2018 RICHARD MUHLSTEFF 44.18 CUSTOMER REFUND 71284 01/09/2018 RICHARD REVELES 44.18 CUSTOMER REFUND 71494 01/09/2018 RKI Engineering, LLC 4,800.00 CONTROL SUPPORT - FAIRMONT 71272 01/09/2018 ROBERT A RAWLINS 44.18 CUSTOMER REFUND 71328 01/09/2018 ROBERT DAWSON 20.42 CUSTOMER REFUND 71199 01/09/2018 ROBERT FREEMAN 44.18 CUSTOMER REFUND 71353 01/09/2018 ROBERT GREY 44.18 CUSTOMER REFUND 71262 01/09/2018 ROBERT LANCASTER 44.18 CUSTOMER REFUND 71260 01/09/2018 ROBERT THOMAS 44.18 CUSTOMER REFUND 71243 01/09/2018 ROBERT WHISLER 44.18 CUSTOMER REFUND 71264 01/09/2018 ROBERTA R CONRAD 44.18 CUSTOMER REFUND 71361 01/09/2018 ROBYN PAYNTER 44.18 CUSTOMER REFUND 71289 01/09/2018 RONALD EHRLICH 10.51 CUSTOMER REFUND 71396 01/09/2018 RONALD SENTCHUK 44.18 CUSTOMER REFUND 71251 01/09/2018 ROSALIE RUBINSTEIN 44.18 CUSTOMER REFUND 71240 01/09/2018 RUBEN GOODSELL 20.42 CUSTOMER REFUND 71321 01/09/2018 RYAN TSUI 44.18 CUSTOMER REFUND 71335 01/09/2018 SABA RAFIGI 44.18 CUSTOMER REFUND 71288 01/09/2018 SAEED SHOJAIE 44.18 CUSTOMER REFUND 71495 01/09/2018 Safety-Kleen Systems Inc 855.18 HAZARDOUS WASTE REMOVAL 71418 01/09/2018 SAMUEL SUN 44.18 CUSTOMER REFUND 71294 01/09/2018 SANDRA CHIANG 44.18 CUSTOMER REFUND 71405 01/09/2018 SHAWNINE ALVI 44.18 CUSTOMER REFUND 71425 01/09/2018 SHELLEY ENGLISH 13.91 CUSTOMER REFUND 71334 01/09/2018 SHEN LING TAO 4.46 CUSTOMER REFUND 71375 01/09/2018 SHERI ROWE 44.18 CUSTOMER REFUND 71323 01/09/2018 SIAMRAS SINPATRABORDEE 44.18 CUSTOMER REFUND 71209 01/09/2018 SILVIO PERNICONI 44.18 CUSTOMER REFUND 71382 01/09/2018 SIMON CHEN 44.18 CUSTOMER REFUND 71496 01/09/2018 Snap-on Incorporated 41.04 MECHANIC SHOP SUPPLIES 71497 01/09/2018 Snap-on Incorporated 260.76 MECHANIC SHOP EQUIPMENT W122017 12/20/2017 So. Cal Edison 46,225.05 NOVEMBER 2017 - ELECTRICITY CHARGES - MULTIPLE LOCATIONS 71389 01/09/2018 SOHYUN KWON 44.18 CUSTOMER REFUND 71499 01/09/2018 Step Saver Inc 293.31 COARSE SALT 71305 01/09/2018 SUNG KOO 44.18 CUSTOMER REFUND 71500 01/09/2018 Sunrise Medical Group 725.00 VACCINES - YLWD FLU SHOTS 71218 01/09/2018 SUSAN HEIDECKER 44.18 CUSTOMER REFUND 71211 01/09/2018 SUSAN JEN 44.18 CUSTOMER REFUND 71247 01/09/2018 SUZANNE KNOEPFLE 44.18 CUSTOMER REFUND 71501 01/09/2018 Switch Ltd 557.06 DATA HOSTING - COLOCATION 71502 01/09/2018 SWRCB 2,062.00 ANNUAL PERMIT - 4DW0208 71316 01/09/2018 SYAM MARADANI 44.18 CUSTOMER REFUND 71349 01/09/2018 T.CLARK GRAHAM 44.18 CUSTOMER REFUND 71430 01/09/2018 TAIHO INVESTMENTS LLC 44.18 CUSTOMER REFUND 71298 01/09/2018 TAMARA KENNEDY 44.18 CUSTOMER REFUND 71319 01/09/2018 TERESA MAGANA 44.18 CUSTOMER REFUND 71254 01/09/2018 TERRY MUNSON 44.18 CUSTOMER REFUND 71503 01/09/2018 The Shredders 33.00 ON SITE SHRED SERVICE 71383 01/09/2018 THOMAS VU 27.37 CUSTOMER REFUND 71376 01/09/2018 TIFFANY MYERS 44.18 CUSTOMER REFUND 71504 01/09/2018 Time Warner Cable 2,203.54 T10MB DEDICATED ACCESS & SPECTRUMS BUSINESS TV 71308 01/09/2018 TOLL BROTHERS 441.80 CUSTOMER REFUND 71404 01/09/2018 TOMAS ODELID 44.18 CUSTOMER REFUND 71302 01/09/2018 TRACI CANESTRALE 44.18 CUSTOMER REFUND 71227 01/09/2018 TSUO-JEN IN 44.18 CUSTOMER REFUND 71505 01/09/2018 United Industries 322.09 PPE EQUIPMENT 71507 01/09/2018 United Water Works, Inc.11,776.98 OPERATIONS WORK MATERIAL 71506 01/09/2018 UNUM Life Insurance Co. of America 4,165.85 LIFE,AD&D,STD & LTD - JANUARY 2018 71378 01/09/2018 VELJKO KURJAK 18.78 CUSTOMER REFUND 71364 01/09/2018 VICTORIA D CARROLL 44.18 CUSTOMER REFUND 71238 01/09/2018 WAYNE PECORA 44.18 CUSTOMER REFUND 71239 01/09/2018 WENDY L ADAMS 44.18 CUSTOMER REFUND 71508 01/09/2018 West Coast Safety Supply Co 510.00 SEMINAR - ROOT CONTROL 71222 01/09/2018 WILLIAM BETZ 44.18 CUSTOMER REFUND 71231 01/09/2018 WILLIAM MORGAN 44.18 CUSTOMER REFUND 71509 01/09/2018 Wonderware California 27,982.00 ANNUAL SOFTWARE RENEWAL 71351 01/09/2018 XIAO JIE 44.18 CUSTOMER REFUND 71386 01/09/2018 XUETING ZHANG 44.18 CUSTOMER REFUND 71510 01/09/2018 YO Fire 3,463.66 OPERATIONS WORK MATERIAL 71306 01/09/2018 YORBA LINDA PINES VILLAS 44.18 CUSTOMER REFUND 71313 01/09/2018 YOUNG KIM 44.18 CUSTOMER REFUND 71412 01/09/2018 YUQIN LI 44.18 CUSTOMER REFUND 71409 01/09/2018 ZELMAN YORBA LINDA LLC 44.18 CUSTOMER REFUND 800,359.29 11-30-2017 PAYROLL #26 - EMPLOYEE DIRECT DEPOSIT 179,889.78 11-30-2017 PAYROLL #26 - PAYROLL TAX PAYMENT 56,069.20 11-30-2017 PAYROLL #26 - CALPERS EFT 37,065.80 6845 12-28-2017 COLONIAL LIFE 107.10 6846 12-28-2017 FLEX ADVANTAGE 1914.72 6847 12-28-2017 LINCOLN FINANCIAL GROUP 3,982.63 6848 12-28-2017 NATIONWIDE RETIREMENT SOLUTIONS 8,638.06 6849 12-28-2017 GARNISHMENT 231.00 6850 12-28-2017 CA STATE DISBURSEMENT UNIT 366.92 6851 12-28-2017 CA STATE DISBURSEMENT UNIT 339.69 6852 12-28-2017 CA STATE DISBURSEMENT UNIT 389.53 6853 12-28-2017 ORANGE COUNTY SHERIFF'S DEPARTMENT 619.45 6854 12-28-2017 AMERICAN HERITAGE LIFE 1,498.35 6855 12-28-2017 MIDLAND LIFE INSURANCE 160.00 6856 12-28-2017 RELIANCE DI 47.54 6857 12-28-2017 AMERITAS 764.68 292,084.45 Payroll Checks #26 Vendor Name Amount Description Home Depot 91.20 PVC parts - water line repairs WCT Product 1,145.32 VM-880 Vivax - Ferrous metal detector USA Blue Book 162.39 Hardware supplies Home Depot 201.08 Landscape repair - sod & fescue Roseburrough Tool Company 89.03 Concrete tools C. Wells Pipeline 425.00 2018 Winter Coll seminar - 7 attendees Home Depot 38.75 Privacy film Home Depot 397.73 Tools and equipment Orchard Supply Hardware 78.55 Hardware supplies Grainger 355.00 (3) Table tops Staples 43.07 Pocket calendars for valve crew Village Nurseries 19.40 Landscape repair - sod KB Design 14.85 YLWD polo shirt Realtech Controls 126.13 (2) LED lights Harrington Industrial 307.01 CL2 replacement parts Monoprice Inc 31.04 Network supplies Amazon.com 43.08 Computer speakers Lands End 4,337.50 (81) YLWD jackets Blue Agave Restaurant 50.50 New hire lunch - 4 attendees Costco 24.65 Supplies for HR events Circle K 53.85 Propane - district event Home Depot 64.59 PPE Equipment - safety glasses Construction Mgt Assn of America 120.00 CMAA Membership - Polomino, J Sammy Hagar 26.00 Travel Expense - CRWUA Conference - Marcantonio, M Taxi Cab Service 27.85 Travel Expense - CRWUA Conference - Marcantonio, M Cigar Bar 41.00 Travel Expense - CRWUA Conference - Marcantonio, M Carl's Jr Restaurant 9.47 Travel Expense - CRWUA Conference - Marcantonio, M Smog Tech 810.00 Smog test - District fleet - 18 trucks Harrington Industrial 75.75 CL2 parts replacement parts - South loop RealTruck.com 584.10 Running boards - Unit 219 Home Depot 58.06 Paint remover Strobes N More 256.52 Mounting platform - Unit #219 Home Depot 237.02 Concrete & concrete supplies Smart & Final 108.26 Supplies for district event Harbor Freight Tools 10.76 Self centering drill jig GSE 76 43.08 Propane - district event Greenshades Software 449.00 Greenshades annual maintenance Stater Bros. Markets 34.49 Supplies for District Event Corner Bakery 23.99 WEROC Training - McCann & Lugo Engineer Supply 54.23 GIS supplies CDW Government, Inc 59.80 Telephone wall mounts kits Desert Cab 28.21 Travel Expense - CRWUA Conference - Jones, B CSDA 600.00 CSDA Conference registration - Jones, B Wendy's Restaurant 10.27 Travel Expense - CRWUA Conference - Jones, B Earl of Sandwich 11.81 Travel Expense - CRWUA Conference - Jones, B La Gloria 10.81 Travel Expense - CRWUA Conference - Jones, B La Gloria 18.39 Travel Expense - CRWUA Conference - Nederhood, A Wendy's Restaurant 9.61 Travel Expense - CRWUA Conference - Nederhood, A John Wayne Airport 48.00 Travel Expense - CRWUA Conference - Nederhood, A 11,866.20 Cal Card Credit Card U S Bank ITEM NO. 7.4 AGENDA REPORT Meeting Date: January 9, 2018 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Gina Knight, HR/Risk and Safety Manager Prepared By:Gina Knight, HR/Risk and Safety Manager Subject:Revising Budgeted Positions for the Remainder of Fiscal Year 2018 STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 18-01 revising the budgeted positions for the remainder of Fiscal Year 2018 and rescinding Resolution No. 17-37. DISCUSSION: Per the General Manager's recommendation and for career progression, the following District management classifications: Engineering Manager, Finance Manager and HR/Risk and Safety Manager will be placed at Range 39. Attached to this report are copies of Resolution No. 18-01 and revised exhibit. ATTACHMENTS: Name:Description:Type: Resolution_No._18-01_-_Budgeted_Positions.doc Resolution Resolution Resolution_No._18-01_-_Exhibit_A.xlsx Exhibit Exhibit Resolution No. 18-01 Approving Budgeted Positions for Remainder of FY18 and Rescinding Resolution No. 17-37 1 RESOLUTION NO. 18-01 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT REVISING THE BUDGETED POSITIONS FOR THE REMAINDER OF FISCAL YEAR 2018 AND RESCINDING RESOLUTION NO. 17-37 WHEREAS, the Board of Directors adopted Resolution No. 13-01 on January 24, 2013, the "Yorba Linda Water District Personnel Rules"; and WHEREAS, the “Personnel Rules” direct that the number of Authorized Positions and Salary Ranges are subject to approval by the Board of Directors; and WHEREAS, the Board of Directors adopted Resolution No. 17-21 on July 11, 2017, approving the budgeted positions for Fiscal Year 2018; and WHEREAS, the Board of Directors adopted Resolution No. 17-37 on November 28, 2017 revising the budgeted positions for the remainder of Fiscal Year 2018; and WHEREAS, it is the desire of the Board of Directors to further revise the Budgeted Positions for the remainder of Fiscal Year 2018. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The number of Budgeted Positions as set forth in Exhibit "A" and attached hereto is approved and adopted for Fiscal Year 2018 effective November 12, 2017. Section 2. The General Manager is hereby authorized to employ up to the number of employees budgeted and funded in each fiscal year without further approval of the Board of Directors. Resolution No. 18-01 Approving Budgeted Positions for Remainder of FY18 and Rescinding Resolution No. 17-37 2 Section 3. The General Manager is hereby authorized while this Resolution is active to fill a budgeted position that is vacated with a new employee at a lower or equal classification and/or with a part time employee or contract staff. The General Manager is further authorized to fix and alter the compensation of employees subject to budget limitations Section 4. That Resolution No. 17-37 is hereby rescinded. PASSED AND ADOPTED this 9th day of January 2018, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Al Nederhood, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Law LLP Exhibit A Resolution No. 18-01 Budgeted Positions for Remainder of FY18 Effective November 12, 2017 Salary Range Position Classification Budgeted as of 11/12/2017 Proposed Change Budgeted as of 11/12/2017 12 Office Clerk 1 1 Customer Service Rep I 0 0 Public Affairs Representative 1 1 16 Meter Reader I 1 1 Accounting Assistant I 1 1 Customer Service Rep II 2 2 Maintenance Worker I 9 9 Mechanic I 0 0 Plant Operator I 0 0 18 Meter Reader II 2 2 Customer Service Rep III 2 2 Operations/Warehouse Assistant 1 1 Records Management Specialist 1 1 Engineering Technician I 0 0 Maintenance Worker II 7 7 Water Quality Technician I 0 0 Accounting Assistant II 1 1 Facilities Maintenance 1 1 Mechanic II 1 1 Information Systems Tech I 1 1 Water Quality Technician II 1 1 Human Resources Technician 0 0 Maintenance Worker III 5 5 Mechanic III 1 1 Meter Services Lead 1 1 Plant Operator II 3 3 21 23 15 19 20 22 17 Page 1 of 2 Plant Operator II 3 3 Safety and Training Technician 0 0 Construction Inspector 1 1 Engineering Technician II 2 2 GIS Technician 0 0 Human Resources Analyst 2 2 Accountant 1 1 Instrumentation Technician 1 1 GIS Analyst 1 1 Sr. Construction Inspector 1 1 Sr. Fleet Mechanic 1 1 Sr. Maintenance Worker 4 4 Sr. Plant Operator 1 1 Associate Engineer 1 1 Customer Service Supervisor 1 1 27 25 26 24 Page 1 of 2 Exhibit A Resolution No. 18-01 Budgeted Positions for Remainder of FY18 Effective November 12, 2017 Safety and Training Analyst 1 1 Construction Project Supervisor 1 1 Management Analyst 1 1 Programmer Analyst 1 1 Water Conservation Supervisor 0 0 29 Chief Water System Operator 1 1 IS Administrator 1 1 Records Management Administrator 1 1 Sr. Accountant 1 1 Water Maint. Superintendent 1 1 Water Production Superintendent 1 1 Water Quality Engineer 1 1 32 Executive Assistant 1 1 34 Sr. Project Manager 1 1 Communications Manager 0 0 Engineering Manager 1 -1 0 Finance Manager 1 -1 0 Human Resources/Risk and Safety Manager 1 -1 0 IT Manager 1 1 38 39 Engineering Manager 0 1 1 Finance Manager 0 1 1 Human Resources/Risk and Safety Manager 0 1 1 Operations Manager 1 1 40 Assistant General Manager 1 1 General Manager 1 1 Salary Set by Board 37 30 31 28 Page 2 of 2 Total 80 0 80 Salary Range Position Classification 10 Water Conservation Representative 0 0 Office Clerk 0 0 Water Conservation Representative 0 0 Total 0 0 0 12 Page 2 of 2 ITEM NO. 7.5 AGENDA REPORT Meeting Date: January 9, 2018 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Gina Knight, HR/Risk and Safety Manager Prepared By:Gina Knight, HR/Risk and Safety Manager Subject:Modifying Salary Ranges for Management Employees for the Remainder of Fiscal Years 2015-2018 STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 18-02 amending Exhibit B of Resolution No. 15-08 to modify the Salary Ranges for Management Employees for the remainder of Fiscal Years 2015- 2018 and rescinding Resolution No. 17-38. DISCUSSION: The California Code of Regulations (CCR) 570.5 as contained in the California Public Employees' Retirement Law (PERL), provides the Requirement for a Publicly Available Pay Schedule. To stay in compliance with CalPERS' requirement the District's governing body needs to approve this amendment in a regular open meeting. ATTACHMENTS: Name:Description:Type: Resolution_No._18-02_-_ME_Salary_Ranges.docx Resolution Resolution Resolution_No._18-02_-_Exhibit_B.pdf Exhibit Exhibit Resolution No. 18-02 Amending Resolution No. 15-08 Related to Management Employees Compensation Letter 1 RESOLUTION NO. 18-02 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING EXHIBIT B OF RESOLUTION NO. 15-08 TO MODIFY THE SALARY RANGES FOR MANAGEMENT EMPLOYEES FOR THE REMAINDER OF FISCAL YEARS 2015-2018 WHEREAS, the Board of Directors of the Yorba Linda Water District previously adopted the Employee Compensation Letter for Management Employees for Fiscal Years 2015-2018 (Resolution No. 15-08); and WHEREAS, the Board of Directors subsequently adopted Resolution No. 17-38 amending Exhibit B of the Employee Compensation Letter (Resolution No. 15-08) to modify the salary range for the Operations Manager classification; and WHEREAS, it is the desire of the Board of Directors to further amend Exhibit B of the Employee Compensation Letter (Resolution No. 15-08) in order to modify the salary ranges for Management employees for the remainder of Fiscal Years 2015-2018. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That Exhibit B - Management Employees Classifications and Salary Ranges of Resolution No. 15-08 be amended to read as attached hereto and by this reference incorporated herein. Section 2. That Resolution No. 17-38 is hereby rescinded. PASSED AND ADOPTED this 9th day of January 2018, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Al Nederhood, President Yorba Linda Water District Resolution No. 18-02 Amending Resolution No. 15-08 Related to Management Employees Compensation Letter 2 ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Law LLP Exhibit B Yorba Linda Water District – Management Employees Classifications and Salary Ranges Effective November 12, 2017 CLASSIFICATION TITLE SALARY RANGES FLSA Assistant General Manager ME 40 Exempt Engineering Manager ME 39 Exempt Finance Manager ME 39 Exempt Human Resources/Risk and Safety Manager ME 39 Exempt Information Technology Manager ME 37 Exempt Operations Manager ME 39 Exempt ITEM NO. 8.1 AGENDA REPORT Meeting Date: January 9, 2018 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Gina Knight, HR/Risk and Safety Manager Dept:Human Resources/Risk Management Prepared By:Gina Knight, HR/Risk and Safety Manager Subject:Revising Procedures for Administration of Employer-Employee Relations Between the District and Its Recognized Employee Organizations STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 18-03 revising the procedures for administration of employer-employee relations between the District and its recognized employee organizations and rescinding Resolution No. 09-11. DISCUSSION: Resolution No. 09-11 was reviewed by the District’s Negotiating Team and the Employee’s Bargaining Unit Representatives. Several housekeeping items were discussed and the resolution was revised to clarify the guidelines to be used during the meet and confer process. The attached Resolution No. 18-03 represents the agreement to the revisions by both parties and will continue to encourage more effective and successful good-faith bargaining between the District and the employee organization. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors adopted Resolution No. 09-11 implementing Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned “Local Public Employee Organizations”. ATTACHMENTS: Name:Description:Type: Resolution_No._18-03_-_Revised_EERR.doc Resolution Resolution Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 1 RESOLUTION NO. 18-03 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT REVISING THE PROCEDURES FOR ADMINISTRATION OF EMPLOYER-EMPLOYEE RELATIONS BETWEEN THE DISTRICT AND ITS RECOGNIZED EMPLOYEE ORGANIZATIONS AND RESCINDING RESOLUTION NO. 09-11 WHEREAS, the District previously implemented Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned “Local Public Employee Organizations” as adopted by Resolution No. 09-11; and WHEREAS, the District intends to continue strengthening methods of administering employer-employee relations through the establishment of uniform methods of communications between employees, employee organizations and the Yorba Linda Water District; and WHEREAS, it is the desire of the Board of Directors to revise the procedures for administration of employer-employee relations between the District and its recognized employee organizations. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District that the following provisions be implemented: Article 1. General Provisions Section 1. Statement of Purpose This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations," (the Meyers-Milias- Brown Act) by providing orderly procedures for the administration of employer-employee relations between the Yorba Linda Water District and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of state law, ordinances, resolutions and rules which establish and regulate the merit and civil service system, or which provide for other methods of administering employer-employee relations. This Resolution is intended, instead, to strengthen merit, civil service and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the Yorba Linda Water District. Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 2 It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly and significantly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law, or by the laws governing and/or creating the Yorba Linda Water District. However, nothing herein shall be construed to restrict any legal or inherent exclusive Yorba Linda Water District rights with respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment; determine the rules and policies under which employment is to be managed; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; determine the content of job classifications; subcontract work; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Section 2. Definitions As used in this Resolution, the following terms shall have the meanings indicated: a. “Appropriate unit” means a unit of employee classes or positions, established pursuant to Article II hereof. b. "District" means the Yorba Linda Water District, and, where appropriate herein, refers to the Board of Directors (“Board”) of the District or any duly authorized District representative as herein defined. c. "Confidential Employee" means an employee who, in the course of his or her duties, has access to confidential information relating to the District's administration of employer-employee relations. d. "Consult/Consultation in Good Faith” means to communicate orally or in writing with all effected recognized employee organizations for the purpose of presenting and obtaining views or advising of proposed actions in a good faith effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of the meet and confer process, does not involve an exchange of proposals and counterproposals in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof. Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 3 e. "Day" means calendar day unless expressly stated otherwise. f. "Employee Relations Officer" means the District General Manager or his or her duly authorized representative. g. "Exclusively Recognized Employee Organization" means an employee organization that has been formally acknowledged by the District as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees. Such recognition status may only be challenged by another employee organization as set forth in section 6 of Article II of this Resolution. h. "Impasse" means that the representatives of the District and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and about which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. i. "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of District policies and programs and/or an employee who exercises Supervisory Authority. j. "Proof of Employee Support" means: 1) an authorization card recently signed and personally dated by an employee, provided that the card has not been subsequently revoked in writing by the employee prior to its submission, 2) a verified authorization petition or petitions recently signed and personally dated by an employee or 3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within ninety (90) days prior to the filing of a petition. k. "Supervisory Authority" means authority, in the interest of the District, to hire, transfer, suspend, lay off, recall, promote, Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 4 discharge, assign, reward or discipline other employees, or responsibly to direct them, or to adjust their grievances or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment. l. Terms not defined herein shall have the meanings as set forth in the Meyers-Milias-Brown Act. Article II. Representation Proceedings Section 1. Filing of Recognition Petition by Employee Organization An employee organization which seeks to be formally acknowledged as an Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation: a. Name and address of the employee organization. b. Names and titles of its officers. c. Names of employee organization representatives who are authorized to speak on behalf of the organization. d. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the District. e. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner with, a local, regional, state, national or international organization and, if so, the name and address of each such other organization. f. Certified copies of the employee organization's constitution and bylaws. g. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. h. A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability or medical condition. Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 5 i. The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. j. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the District. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. k. A request that the Employee Relations Officer formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization. Section 2. District Response to Recognition Petition Upon receipt of the Petition, the Employee Relations Officer shall determine whether: a. There has been compliance with the requirements of the Recognition Petition, and b. The proposed representation unit is an appropriate unit in accordance with Section 7 of this Article II. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he/she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Section 10 of Article II of this Resolution. Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 6 Section 3. Open Period for Filing Challenging Petition Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the recognition petition being challenged) by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Section 1 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section 6 of this Article II. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 10 of this Article II. Section 4. Granting Recognition Without an Election If the Petition is in order, and the proof of support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations Officer shall request the California State Mediation and Conciliation Service, or another mutually agreed upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination, the Employee Relations Officer shall formally acknowledge the petitioning employee organization as the Exclusive Recognized Employee Organization for the designated unit. Section 5. Election Procedure Where recognition is not granted pursuant to Section 4 of Article II, the Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with such party's rules and procedures subject to the provisions of this Resolution. All employee organizations that have duly submitted petitions, which have been determined to be in conformance with this Article II shall be included Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 7 on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the District. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date ending at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the District in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast with the rules governing an initial election being applicable to a run-off election. There shall be no more than one valid election under this Resolution pursuant to any petition in a 12-month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service (CSMCS). If the parties cannot agree as to the time, place, and manner of the election, the parties shall authorize CSMCS and its election supervisor to unilaterally determine such issues and carry out the election accordingly. In the event that CSMCS declines to conduct the election, for any reason, the parties agree that the election shall be conducted by the American Arbitration Association or, alternatively, another neutral third party appointed by the District. If, once the alternate election monitor is appointed, the parties cannot agree as to the time, place, and manner of the election, the parties shall authorize the election monitor to unilaterally determine such issues and carry out the election accordingly. Costs of conducting elections shall be borne in equal shares by the District and by each employee organization appearing on the ballot. Section 6. Procedure for Decertification of Exclusively Recognized Employee Organization A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 8 Employee Relations Officer only during the month of March of any year following the first full year of recognition or during the first thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years. A Decertification Petition may be filed by two or more employees or their representative or an employee organization and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete: a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. b. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit. c. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit and any other relevant and material facts relating thereto. d. Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent, that includes the allegation and information required under paragraph (c.) of this Section 6 and otherwise conforms to the requirements of Section 1 of this Article II. The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his/her determination is in the negative, he/she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 10 of this Article II. If the determination of the Employee Relations Officer is in the affirmative, or if Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 9 his/her negative determination is reversed on appeal, he/she shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Section 1 of this Article II. During the "open period" specified in the first paragraph of this Section 6, the Employee Relations Officer may on his/her own motion, when he/she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he/she will arrange for an election to determine that issue. In such event, any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Section 6, which the Employee Relations Officer shall act on in accordance with this Section 6. If, pursuant to this Section 6, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term. Section 7. Policy and Standards for Determination of Appropriate Units The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on: 1) the efficient operations of the District and its compatibility with the primary responsibility of the District and its employees to effectively and economically serve the public, and 2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: a. Similarity of the general kinds of work performed, types of qualifications required and the general working conditions. b. History of representation in the District and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 10 c. Consistency with the organizational patterns of the District. d. Effect of differing legally mandated impasse resolution procedures. e. Number of employees and classifications and the effect on the administration of employer-employee relations created by the separation of classifications and creation of multiple units. f. Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single or related classifications among two or more units. Notwithstanding the foregoing provisions of this Section, managerial, and confidential responsibilities, as defined in Sec. 2 of Article I of this Resolution, are determining factors in establishing appropriate units hereunder, and therefore managerial employees and professional and confidential employees may only be included in a unit consisting solely of managerial employees or professional and confidential employees respectively. Managerial employees and professional and confidential employees may not represent any employee organization which represents other employees. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. The decision of the Employee Relations Officer shall be final. Section 8. Procedure for Modification of Established Appropriate Units Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Section 6 of this Article II. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Section 1 of this Article II, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 7 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article II. The Employee Relations Officer may by his/her own motion propose that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 11 composition of the appropriate unit or units in accordance with Section 7 of this Article II, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in Section 10 of this Article. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Section 1 of Article II. Section 9. Procedure for Processing Severance Requests An employee organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another recognized employee organization. The timing, form and processing of such request shall be as specified in Section 8 of this Article II for modification requests. Section 10. Appeals An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer; or an employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Section 1 of Article II), Challenging Petition (Section 3 of Article II), Decertification Petition (Section 6 of Article II), Unit Modification Petition (Section 8 of Article II) --- or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 6 of Article II) or Severance Request (Section 9 of Article II) ---has not been filed in compliance with the applicable provisions of this Article, may, within fifteen (15) days of notice of the Employee Relations Officer’s final decision, request to submit the matter to mediation by the State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the District’s Board for final decision within fifteen (15) days of notice of the Employee Relations Officer’s determination or the termination of mediation proceedings, whichever is later. Appeals to the District’s Board shall be filed in writing with the Board’s Secretary, and a copy thereof served on the Employee Relations Officer. The District’s Board shall commence to consider the matter within thirty (30) days of the filing of the appeal. The District’s Board may, in its discretion, refer the dispute to a non-binding third party hearing process. Any decision of the Board on the use of such procedure, and/or any decision of the Board determining the substance of the dispute shall be final and binding. Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 12 Article III. Administration Section 1. Submission of Current Information by Recognized Employee Organizations All changes in the information filed with the District by an Exclusively Recognized Employee Organization under items a. through h. of its Recognized Petition under Section 1 of Article II of this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change. Exclusively Recognized Employee Organizations that are party to an agency shop provision shall provide annually to the Employee Relations Officer and to unit members within 60 days after the end of its fiscal year the financial report required under Government Code Section 3502.5 (f) of the Meyers-Milias Brown Act. Section 2. Employee Organization Activities - Use of District Resources Access to District work locations and the use of District paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memoranda of Understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer-employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and shall not interfere with the efficiency, safety and security of District operations. Section 3. Administrative Rules and Procedures The District General Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation (or meeting and conferring if required by law) with affected employee organizations. Article IV. Impasse Procedures Section 1. Initiation of Impasse Procedures: If the meet and confer process has reached impasse as defined in Section 2 of Article I of this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be: Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 13 a. To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding, and b. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. Section 2. Impasse Procedures Impasse procedures are as follows: a. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation nor take any public position at any time concerning the issues. The mediation shall be conducted by the State Mediation and Conciliation Service. b. Otherwise, the parties can utilize any other impasse procedures provided in accordance with the Meyers-Milias-Brown Act. c. After any applicable impasse procedures have been exhausted, the Board of Directors may hold a public hearing regarding the impasse, and take such action regarding the impasse as it in its discretion deems appropriate as in the public interest, including implementation of the District’s last, best and final offer. Any legislative action by the Board on the impasse shall be final and binding. Section 3. Costs of Impasse Procedures The cost for the services of a mediator, and other mutually incurred costs of mediation, shall be borne equally by the District and Exclusively Recognized Employee Organization. Article V. Miscellaneous Provisions Section 1. Construction This Resolution shall be administered and construed as follows: a. Nothing in this Resolution shall be construed to deny to any person, employee, organization, the District, or any authorized officer, body or other representative of the District, the rights, powers and authority granted by federal or state law (or District Charter provisions). Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 14 b. This Resolution shall be interpreted so as to carry out its purpose as set forth in Article I. c. Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to District employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown of work. In consideration of and as a condition of initial and continued employment by the District, employees recognize that any such actions by them are in violation of their conditions of employment except as expressly otherwise provided by legally preemptive state or contrary local law. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination, and may be replaced, to the extent such actions are not prohibited by preemptive law; and employee organizations may thereby forfeit rights accorded them under District law or contract. Section 2. Severability If any provision of this Resolution, or the application of such provision to any persons or circumstances, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. BE IT FURTHER RESOLVED THAT Resolution No. 09-11 is hereby rescinded. PASSED AND ADOPTED this 9th day of January, 2018 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Al Nederhood, President Yorba Linda Water District Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 15 ATTEST: __________________________ Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: ______________________________ Andrew B. Gagen, Esq. Kidman Law LLP ITEM NO. 8.2 AGENDA REPORT Meeting Date: January 9, 2018 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:1-1010-0440-00 Presented By:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Committee, Agency and Intergovernmental Meeting Assignments STAFF RECOMMENDATION: That the Board of Directors consider the proposed committee, agency and intergovernmental meeting assignments for the next calendar year, preauthorize Director attendance at certain events through the 2018 calendar year, and consider modifying the method for reporting on meetings attended. 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 Directors' 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. Attached are President Nederhood's proposed assignments for the next calendar year based on feedback received from the Directors. In an effort to simplify the process of obtaining Board approval of Director attendance at conferences, seminars, and other special events, the Board may also want to consider preauthorizing Director attendance at events being sponsored by the following organizations in line with FY18 budget: Association of California Water Agencies (ACWA) Association of California Water Agencies - Joint Powers Insurance Authority (ACWA-JPIA) American Water Works Association (AWWA) California-Nevada Section of American Water Works Association (CA-NV AWWA) California Association of Sanitation Agencies (CASA) City, County and State Governmental Agencies (Including meetings with elected/appointed officials and staff.) Colorado River Water Users Association (CRWUA) California Special Districts Association (CSDA) Independent Special Districts of Orange County (ISDOC) Orange County Local Agency Formation Commission (OC LAFCO) Municipal Water District of Orange County (MWDOC) Metropolitan Water District of Southern California (MWDSC or MET) Orange County Sanitation District (OCSD) Orange County Water Association (OCWA) Orange County Water District (OCWD) Special District Leadership Foundation (SDLF) Urban Water Institute (UWI) Water Advisory Committee of Orange County (WACO) A preliminary calendar of upcoming meetings, conferences and events being sponsored by these agencies is attached for reference. Director attendance at events sponsored by any other organizations would still require pre-approval or ratification by a majority vote of the Board in order to be considered as an activity for the purposes of compensation and payment or reimbursement of travel expenses. Additionally, Directors are required to provide brief reports on meetings attended at the expense of the District at the next regular meeting following the event (GC 53232.3(d)). In order to allow sufficient time for discussion of other matters during regular meetings, the Board may wish to consider submitting brief written rather than oral reports. Staff could provide the Board with a list of meetings attended and/or a form for this purpose which would be included in the agenda packet on the Consent Calendar for receipt and filing. This would not preclude Directors from commenting on their meeting attendance if they felt the content was relevant. Should the Board determine to preauthorize Director attendance at certain meetings and begin providing written reports, these changes would be reflected in the next update of the Board of Directors' Policies and Procedures Manual. ATTACHMENTS: Name:Description:Type: Proposed_Assignments_for_CY18.pdf Backup Material Backup Material Prelim_Activity_Calendar.pdf 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 Nederhood Meets bi-monthly on 4th Tuesday at 4:00 p.m. Nederhood Jones YLWD / City of Yorba Linda Miller Nederhood Meets quarterly. No set day of the month or time. Hawkins Jones YLWD / City of Placentia Miller Nederhood Meets as necessary. No meetings were held during 2017. Nederhood Jones INTERGOVERNMENTAL MEETINGS 2017 2018 YL City Council Directors Rotate Attendance Rotate Meets 1st and 3rd Tuesday of the month at 6:30 p.m. http://www.ci.yorba-linda.ca.us/ YL Planning Commission Hawkins Hawkins Meets 2nd and 4th Wednesday of the Month at 6:30 p.m. (As Needed) (As Needed) http://www.ci.yorba-linda.ca.us/index.php/elected-officials/commissions/planning-commission MWDOC Board of Directors Nederhood Nederhood Meets 1st and 3rd Wednesday of the month at 8:30 a.m.Jones http://www.mwdoc.com/ OCWD Board of Directors Jones Miller Meets 1st and 3rd Wednesday of the Month at 5:30 p.m.Jones http://www.ocwd.com/ OCSD *Hawkins Hawkins Meets 4th Wednesday of the month at 6:00 p.m. Jones (Alternate) Jones (Alternate) http://www.ocsd.com/ ACWA/JPIA ˟Miller Jones 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. Preliminary Calendar of Meetings, Conferences and Events for CY18 Event Date Time January YL City Council Tue, Jan 16 6:30 PM MWDOC Board Wed, Jan 17 8:30 AM OCWD Board Wed, Jan 17 5:30 PM MWDOC/OCWD Joint Planning Committee Wed, Jan 24 8:30 AM OCSD Board Wed, Jan 24 6:00 PM Yorba Linda Planning Commission Wed, Jan 24 6:30 PM CASA Winter Conference Wed, Jan 24 ISDOC Thu, Jan 25 11:30 AM CASA Winter Conference Thu, Jan 25 CASA Winter Conference Fri, Jan 26 February WACO Fri, Feb 2 7:30 AM CSDA Special District Leadership Academy Mon, Feb 5 ISDOC Executive Committee Tue, Feb 6 7:30 AM CSDA Special District Leadership Academy Tue, Feb 6 Yorba Linda City Council Tue, Feb 6 6:30 PM CSDA Special District Leadership Academy Wed, Feb 7 MWDOC Board Wed, Feb 7 8:30 AM UWI Conference Wed, Feb 7 OCSD Operations Committee Wed, Feb 7 5:00 PM OCWD Board Wed, Feb 7 5:30 PM UWI Conference Thu, Feb 8 UWI Conference Fri, Feb 9 LAFCO Wed, Feb 14 8:00 AM Yorba Linda Planning Commission Wed, Feb 14 6:30 PM YL City Council Tue, Feb 20 6:30 PM MWDOC Board Wed, Feb 21 8:30 AM OCWD Board Wed, Feb 21 5:30 PM OCSD Board Wed, Feb 28 6:00 PM Yorba Linda Planning Commission Wed, Feb 28 6:30 PM Preliminary Calendar of Meetings, Conferences and Events for CY18 Event Date Time March WACO Fri, Mar 2 7:30 AM ISDOC Executive Committee Tue, Mar 6 7:30 AM Yorba Linda City Council Tue, Mar 6 6:30 PM MWDOC Board Wed, Mar 7 8:30 AM OCSD Operations Committee Wed, Mar 7 5:00 PM OCWD Board Wed, Mar 7 5:30 PM LAFCO Wed, Mar 14 8:00 AM Yorba Linda Planning Commission Wed, Mar 14 6:30 PM Joint Committee Meeting with City of Yorba Linda Mon, Mar 19 4:00 PM YL City Council Tue, Mar 20 6:30 PM MWDOC Board Wed, Mar 21 8:30 AM OCWD Board Wed, Mar 21 5:30 PM Interagency Committee Meeting with MWDOC and OCWD Thu, Mar 22 4:00 PM MWDOC/OCWD Joint Planning Committee Wed, Mar 28 8:30 AM OCSD Board Wed, Mar 28 6:00 PM Yorba Linda Planning Commission Wed, Mar 28 6:30 PM ISDOC Thu, Mar 29 11:30 AM April ISDOC Executive Committee Tue, Apr 3 7:30 AM Yorba Linda City Council Tue, Apr 3 6:30 PM MWDOC Board Wed, Apr 4 8:30 AM OCSD Operations Committee Wed, Apr 4 5:00 PM OCWD Board Wed, Apr 4 5:30 PM WACO Fri, Apr 6 7:30 AM LAFCO Wed, Apr 11 8:00 AM Yorba Linda Planning Commission Wed, Apr 11 6:30 PM YL City Council Tue, Apr 17 6:30 PM MWDOC Board Wed, Apr 18 8:30 AM OCWD Board Wed, Apr 18 5:30 PM OCSD Board Wed, Apr 25 6:00 PM Yorba Linda Planning Commission Wed, Apr 25 6:30 PM Preliminary Calendar of Meetings, Conferences and Events for CY18 Event Date Time May ISDOC Executive Committee Tue, May 1 7:30 AM Yorba Linda City Council Tue, May 1 6:30 PM MWDOC Board Wed, May 2 8:30 AM OCSD Operations Committee Wed, May 2 5:00 PM OCWD Board Wed, May 2 5:30 PM WACO Fri, May 4 7:30 AM ACWA/JPIA Spring Conference Mon, May 7 ACWA/JPIA and ACWA Spring Conferences Tue, May 8 LAFCO Wed, May 9 8:00 AM ACWA Spring Conference Wed, May 9 Yorba Linda Planning Commission Wed, May 9 6:30 PM ACWA Spring Conference Thu, May 10 ACWA Spring Conference Fri, May 11 YL City Council Tue, May 15 6:30 PM MWDOC Board Wed, May 16 8:30 AM OCWD Board Wed, May 16 5:30 PM MWDOC/OCWD Joint Planning Committee Wed, May 23 8:30 AM OCSD Board Wed, May 23 6:00 PM Yorba Linda Planning Commission Wed, May 23 6:30 PM Interagency Committee Meeting with MWDOC and OCWD Thu, May 24 4:00 PM District Offices Closed Mon, May 28 7:00 AM June OC Water Summit Fri, Jun 1 7:30 AM ISDOC Executive Committee Tue, Jun 5 7:30 AM Yorba Linda City Council Tue, Jun 5 6:30 PM MWDOC Board Wed, Jun 6 8:30 AM OCSD Operations Committee Wed, Jun 6 5:00 PM OCWD Board Wed, Jun 6 5:30 PM WACO Fri, Jun 8 7:30 AM AWWA Annual Conference Mon, Jun 11 AWWA Annual Conference Tue, Jun 12 LAFCO Wed, Jun 13 8:00 AM AWWA Annual Conference Wed, Jun 13 Yorba Linda Planning Commission Wed, Jun 13 6:30 PM AWWA Annual Conference Thu, Jun 14 YL City Council Tue, Jun 19 6:30 PM MWDOC Board Wed, Jun 20 8:30 AM OCWD Board Wed, Jun 20 5:30 PM OCSD Board Wed, Jun 27 6:00 PM Yorba Linda Planning Commission Wed, Jun 27 6:30 PM ISDOC Thu, Jun 28 11:30 AM Preliminary Calendar of Meetings, Conferences and Events for CY18 Event Date Time July ISDOC Executive Committee Tue, Jul 3 7:30 AM Yorba Linda City Council Tue, Jul 3 6:30 PM MWDOC Board Wed, Jul 4 8:30 AM OCSD Operations Committee Wed, Jul 4 5:00 PM OCWD Board Wed, Jul 4 5:30 PM WACO Fri, Jul 6 7:30 AM LAFCO Wed, Jul 11 8:00 AM Yorba Linda Planning Commission Wed, Jul 11 6:30 PM YL City Council Tue, Jul 17 6:30 PM MWDOC Board Wed, Jul 18 8:30 AM OCWD Board Wed, Jul 18 5:30 PM MWDOC/OCWD Joint Planning Committee Wed, Jul 25 8:30 AM OCSD Board Wed, Jul 25 6:00 PM Yorba Linda Planning Commission Wed, Jul 25 6:30 PM Interagency Committee Meeting with MWDOC and OCWD Thu, Jul 26 4:00 PM August MWDOC Board Wed, Aug 1 8:30 AM OCSD Operations Committee Wed, Aug 1 5:00 PM OCWD Board Wed, Aug 1 5:30 PM WACO Fri, Aug 3 7:30 AM ISDOC Executive Committee Tue, Aug 7 7:30 AM Yorba Linda City Council Tue, Aug 7 6:30 PM LAFCO Wed, Aug 8 8:00 AM Yorba Linda Planning Commission Wed, Aug 8 6:30 PM MWDOC Board Wed, Aug 15 8:30 AM OCWD Board Wed, Aug 15 5:30 PM YL City Council Tue, Aug 21 6:30 PM OCSD Board Wed, Aug 22 6:00 PM Yorba Linda Planning Commission Wed, Aug 22 6:30 PM CASA Annual Conference Wed, Aug 22 CASA Annual Conference Thu, Aug 23 CASA Annual Conference Fri, Aug 24 UWI Conference TBD Preliminary Calendar of Meetings, Conferences and Events for CY18 Event Date Time September ISDOC Executive Committee Tue, Sep 4 7:30 AM Yorba Linda City Council Tue, Sep 4 6:30 PM MWDOC Board Wed, Sep 5 8:30 AM OCSD Operations Committee Wed, Sep 5 5:00 PM OCWD Board Wed, Sep 5 5:30 PM WACO Fri, Sep 7 7:30 AM LAFCO Wed, Sep 12 8:00 AM Yorba Linda Planning Commission Wed, Sep 12 6:30 PM YL City Council Tue, Sep 18 6:30 PM MWDOC Board Wed, Sep 19 8:30 AM OCWD Board Wed, Sep 19 5:30 PM CSDA Annual Conference Mon, Sep 24 CSDA Annual Conference Tue, Sep 25 OCSD Board Wed, Sep 26 6:00 PM Yorba Linda Planning Commission Wed, Sep 26 6:30 PM CSDA Annual Conference Wed, Sep 26 CSDA Annual Conference Thu, Sep 27 Interagency Committee Meeting with MWDOC and OCWD Thu, Sep 27 4:00 PM October ISDOC Executive Committee Tue, Oct 2 7:30 AM Yorba Linda City Council Tue, Oct 2 6:30 PM MWDOC Board Wed, Oct 3 8:30 AM OCSD Operations Committee Wed, Oct 3 5:00 PM OCWD Board Wed, Oct 3 5:30 PM LAFCO Wed, Oct 10 8:00 AM Yorba Linda Planning Commission Wed, Oct 10 6:30 PM YL City Council Tue, Oct 16 6:30 PM MWDOC Board Wed, Oct 17 8:30 AM OCWD Board Wed, Oct 17 5:30 PM CA-NV AWWA Conference Mon, Oct 22 CA-NV AWWA Conference Tue, Oct 23 MWDOC/OCWD Joint Planning Committee Wed, Oct 24 8:30 AM OCSD Board Wed, Oct 24 6:00 PM CA-NV AWWA Conference Wed, Oct 24 Yorba Linda Planning Commission Wed, Oct 24 6:30 PM CA-NV AWWA Conference Thu, Oct 25 ISDOC Thu, Oct 25 11:30 AM Preliminary Calendar of Meetings, Conferences and Events for CY18 Event Date Time November WACO Fri, Nov 2 7:30 AM ISDOC Executive Committee Tue, Nov 6 7:30 AM Yorba Linda City Council Tue, Nov 6 6:30 PM MWDOC Board Wed, Nov 7 8:30 AM OCSD Operations Committee Wed, Nov 7 5:00 PM OCWD Board Wed, Nov 7 5:30 PM LAFCO Wed, Nov 14 8:00 AM Interagency Committee Meeting with MWDOC and OCWD Mon, Nov 19 4:00 PM YL City Council Tue, Nov 20 6:30 PM MWDOC Board Wed, Nov 21 8:30 AM OCWD Board Wed, Nov 21 5:30 PM ACWA/JPIA Fall Conference Mon, Nov 26 ACWA/JPIA and ACWA Fall Conferences Tue, Nov 27 ACWA Fall Conference Wed, Nov 28 OCSD Board Wed, Nov 28 6:00 PM Yorba Linda Planning Commission Wed, Nov 28 6:30 PM ACWA Fall Conference Thu, Nov 29 ACWA Fall Conference Fri, Nov 30 December ISDOC Executive Committee Tue, Dec 4 7:30 AM Yorba Linda City Council Tue, Dec 4 6:30 PM MWDOC Board Wed, Dec 5 8:30 AM OCSD Operations Committee Wed, Dec 5 5:00 PM OCWD Board Wed, Dec 5 5:30 PM WACO Fri, Dec 7 7:30 AM LAFCO Wed, Dec 12 8:00 AM CRWUA Annual Conference Wed, Dec 12 CRWUA Annual Conference Thu, Dec 13 CRWUA Annual Conference Fri, Dec 14 YL City Council Tue, Dec 18 6:30 PM MWDOC Board Wed, Dec 19 8:30 AM OCWD Board Wed, Dec 19 5:30 PM OCSD Board Wed, Dec 26 6:00 PM Yorba Linda Planning Commission Wed, Dec 26 6:30 PM ITEM NO. 9.1 AGENDA REPORT Meeting Date: January 9, 2018 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Prepared By:Kelly McCann, Senior Accountant Subject:Budget to Actual Reports for the Month Ending November 30, 2017 DISCUSSION: For the month ending November 30, 2017, staff is presenting Budget to Actual reports for the District as a whole, as well as the individual water and sewer funds. Cumulative Volumetric Water Revenue, as reported through the month ending November 30, 2017, reflects an average rebound of 6.35% as compared to the prior year for the same reporting period. Residential classified customer connections have experienced the largest rebound in monthly consumption compared to the prior year. Total Variable Costs results reflect at 8.79% increase when compared to prior year for the same reporting period. The increase in costs is reflective of the increase in water demand which is 6.59% ahead of budget. While Supplies & Services within the Water Department have decreased by 1.21%, to the prior year. 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: Budget_to_Actual_Rpt_Nov_17.pdf Backup Material Backup Material FY18 Annual Budget YTD Actuals thru November 2017 YTD % of Budget Water Revenue (Residential)14,278,688$ 7,780,375$ 54.49% Water Revenue (Commercial & Fire Det.)2,071,031$ 904,363$ 43.67% Water Revenue (Landscape/Irrigation)3,079,054$ 2,093,008$ 67.98% Service Charges 10,106,238$ 4,165,416$ 41.22% Other Operating Revenue 769,106$ 354,292$ 46.07% Total Operating Revenue 30,304,117$ 15,297,454$ 50.48% Revenue (Non-Operating): Interest 275,000$ 159,267$ 57.92% Property Taxes 1,710,000$ 351,844$ 20.58% Other Non-Operating Revenue 604,646$ 183,789$ 30.40% Total Non-Operating Revenue 2,589,646$ 694,900$ 26.83% Total Revenue 32,893,763$ 15,992,354$ 48.62% Expenses (Operating): Variable Water Costs (G.W., Import & Power) Water-Related Costs 11,240,088$ 5,970,407$ 53.12% Fixed Costs 1,443,355$ 363,794$ 25.20% Power-Related Costs 1,285,413$ 474,278$ 36.90% Variable Water Costs Related Expenses Total 13,968,855$ 6,808,479$ 48.74% Salary Related Expenses 8,859,867$ 3,355,271$ 37.87% Reduction for Capital Project Labor (215,000)$ (98,635)$ 45.88% Salary Related Expenses Total 8,644,867$ 3,256,636$ 37.67% Supplies & Services Communications 189,565$ 60,673$ 32.01% Contractual Services 519,653$ 157,777$ 30.36% Data Processing 235,322$ 62,185$ 26.43% Dues & Memberships 80,492$ 65,905$ 81.88% Fees & Permits 264,641$ 65,510$ 24.75% Insurance 263,506$ 101,259$ 38.43% Materials 797,347$ 308,724$ 38.72% District Activities, Emp Recognition 22,506$ 8,457$ 37.58% Maintenance 339,342$ 185,346$ 54.62% Non-Capital Equipment 104,678$ 42,302$ 40.41% Office Expense 39,662$ 13,628$ 34.36% Professional Services 650,108$ 216,723$ 33.34% Training 61,728$ 8,930$ 14.47% Travel & Conferences 102,493$ 21,483$ 20.96% Uncollectible Accounts 17,205$ 196$ 1.14% Utilities 158,100$ 80,833$ 51.13% Vehicle Expenses 286,812$ 112,095$ 39.08% Supplies & Services Sub-Total 4,133,160$ 1,512,026$ 36.58% Total Operating Expenses 26,746,883$ 11,577,141$ 43.28% Expenses (Non-Operating) Other Expense 15,220$ 23,221$ 152.57% Total Non-Operating Expenses 15,220$ 23,221$ 152.57% Total Expenses 26,762,103$ 11,600,362$ 43.35% Net Revenues 6,131,660$ 4,391,993$ 71.63% Less: Debt Service (Principal & Interest)2,729,799$ 1,919,271$ 70.31% Less: Committed Capital Expenditures (PayGo)2,635,755$ 631,924$ 23.98% Less: Special Item - Conservation Credit -$ 1,105,809$ 0.00% Transfer to/(from) Reserves 766,107$ 734,989$ 95.94% Net -$ -$ Yorba Linda Water District Water Enterprise FY18 ProForma - Use of Funds November 2017 1 Yorba Linda Water District Summary Financial Report Water & Sewer Funds For Period Ending November 30, 2017 Annual YTD Nov YTD YTD Actual Prior Year Prior Year YTD Actual YTD Actual Budget Budget Actual Actual (Under) Over Nov. Actual Actual (thru vs vs FY18 FY18 FY18 FY18 YTD Budget FY17 Nov. 2016)PY Actual $PY Actual % Revenue (Operating): Water Revenue (Residential)$14,278,688 $6,962,288 $1,640,731 $7,780,375 818,087 $1,368,494 $7,081,629 $698,746 9.87% Water Revenue (Commercial & Fire Det.)2,071,031 1,009,835 188,513 $904,363 (105,472)176,242 868,338 36,026 4.15% Water Revenue (Landscape/Irrigation)3,079,054 1,501,347 423,608 $2,093,008 591,661 376,242 1,992,641 100,367 5.04% Water Revenue (Service Charge)10,106,238 4,210,933 834,018 $4,165,416 (45,516)830,568 4,310,097 (144,681)-3.36% Sewer Charge Revenue 2,032,245 846,769 173,201 $859,447 12,679 158,268 784,963 74,484 9.49% Locke Ranch Assessments 223,000 - 41,514 $41,816 41,816 19,608 19,950 21,866 0.00% Other Operating Revenue 866,161 360,900 63,531 $377,970 17,069 74,512 444,099 (66,129)-14.89% Total Operating Revenue:32,656,417 14,892,071 3,365,116 $16,222,395 1,330,324 3,003,934 15,501,717 720,679 4.65% Revenue (Non-Operating): Interest 310,000 129,167 52,028 178,600 49,433 33,778 128,131 50,469 39.39% Property Tax 1,710,000 229,942 300,552 351,844 121,902 159,642 205,870 145,974 0.00% Other Non-Operating Revenue 624,521 260,217 7,794 178,061 (82,156)(43,815) 119,055 59,006 49.56% Total Non-Operating Revenue:2,644,521 619,326 360,374 708,505 89,179 149,605 453,056 255,449 56.38% Total Revenue 35,300,938 15,511,397 3,725,490 16,930,900 1,419,503 3,153,539 15,954,773 976,128 6.12% Expenses (Operating): Variable Water Costs (G.W., Import & Power)13,968,855 6,790,192 1,143,948 6,808,479 18,287 959,213 6,258,284 550,195 8.79% Salary Related Expenses 9,643,124 3,849,844 993,582 3,670,244 (179,600)663,882 3,648,029 22,215 0.61% Supplies & Services 4,621,895 1,723,789 350,376 1,700,368 (23,422)264,120 1,658,464 41,903 2.53% Total Operating Expenses 28,233,874 12,363,825 2,487,906 12,179,091 (184,734)1,887,215 11,564,777 614,314 5.31% Expenses (Non-Operating): Interest on Long Term Debt 1,489,796 723,023 115,401 564,344 (158,679) 130,618 685,116 (120,771) -17.63% Other Expense 15,220 6,342 13,215 12,542 6,200 (765) 10,748 1,794 -16.69% Total Non-Operating Expenses:1,505,016 729,365 128,616 576,886 (152,478) 129,853 695,864 (118,978) -17.10% Total Expenses 29,738,890 13,093,190 2,616,522 12,755,977 (337,213)2,017,068 12,260,641 495,336 4.04% Net Position Before Capital Contributions 5,562,048 2,418,207 1,108,968 4,174,923 1,756,716 1,136,471 3,694,132 480,791 13.02% Special Item - 1,105,809 1,105,809 - - 1,105,809 0.00% Capital Contributions (Non-Cash Transaction -- - 2,325 1,789,908 1,789,908 - 674,990 1,114,918 165.18% GASB 34 Compliant) Net Position Before Depreciation 5,562,048 2,418,207 1,111,293 4,859,022 2,440,815 1,136,471 4,369,122 489,900 11.21% Depreciation & Amortization 7,182,000 2,992,500 618,843 3,093,171 100,671 594,879 2,967,151 126,020 4.25% Total Net Position ($1,619,952)($574,293)$492,450 $1,765,851 $2,340,144 $541,592 $1,401,971 $363,880 25.95% (30,756)(106,844) (106,844) (15,466)(99,096) (7,748) 7.82% (With November 30, 2016 for comparison purposes) 2 Annual YTD Nov YTD YTD Actual Prior Year Prior YTD YTD Actual YTD - CUR Budget Budget Actual Actual (Under)Over Nov. Actual Actual (thru vs vs FY18 FY18 FY18 FY18 YTD Budget FY17 Nov 2016) PY Actual $PY Actual % Revenue (Operating): Water Revenue (Residential)$14,278,688 $6,962,288 $1,640,731 $7,780,375 818,087 $1,368,494 $7,081,629 $698,746 9.87% Water Revenue (Commercial & Fire Det.)2,071,031 $1,009,835 $188,513 $904,363 (105,472)176,242 868,338 36,025 4.15% Water Revenue (Landscape/Irrigation)3,079,054 $1,501,347 $423,608 $2,093,008 591,661 376,242 1,992,641 100,367 5.04% Water Revenue (Service Charge)10,106,238 4,210,933 $834,018 $4,165,416 (45,516)830,568 4,310,097 (144,681) -3.36% Other Operating Revenue 769,106 320,461 $61,697 $354,292 33,831 63,952 398,226 (43,934) -11.03% Total Operating Revenue:30,304,117 14,004,863 $3,148,567 $15,297,454 1,292,591 2,815,498 14,650,931 646,523 4.41% Revenue (Non-Operating): Interest 275,000 114,583 49,287 159,267 44,684 31,911 115,843 43,424 37.49% Property Tax 1,710,000 229,942 300,552 351,844 121,902 159,642 205,871 145,973 70.90% Other Non-Operating Revenue 604,646 251,936 11,923 183,789 (68,147)(35,269) 69,023 114,766 166.27% Total Non-Operating Revenue:2,589,646 596,461 361,762 694,900 98,439 156,284 390,737 304,163 77.84% Total Revenue 32,893,763 14,601,324 3,510,329 15,992,354 1,391,030 2,971,782 15,041,668 950,686 6.32% Expenses (Operating): Variable Water Costs (G.W., Import & Power)13,968,855 6,790,192 1,143,948 6,808,479 18,287 959,213 6,258,284 550,195 8.79% Salary Related Expenses 8,644,867 3,443,600 881,344 3,256,636 (186,964)590,532 3,263,730 (7,094) -0.22% Supplies & Services: Communications 189,565 66,485 7,184 60,673 (5,813)7,156 85,901 (25,228) -29.37% Contractual Services 519,653 161,522 23,963 157,777 (3,745)18,022 157,646 131 0.08% Data Processing 235,322 68,551 15,805 62,185 (6,366)14,853 69,133 (6,948) -10.05% Dues & Memberships 80,492 59,538 8,326 65,905 6,367 6,901 63,113 2,792 4.42% Fees & Permits 264,641 73,767 11,210 65,510 (8,257)14,328 73,853 (8,343) -11.30% Board Election - - - - - - 72,539 (72,539) -100.00% Insurance 263,506 109,794 21,191 101,259 (8,535)19,669 100,351 908 0.90% Materials 797,347 317,228 58,539 308,724 (8,504)68,389 354,262 (45,538) -12.85% District Activities, Emp Recognition 22,506 9,378 3,136 8,457 (921)897 4,390 4,067 92.66% Maintenance 339,342 141,393 49,785 185,346 43,954 9,234 102,207 83,139 81.34% Non-Capital Equipment 104,678 43,616 10,149 42,302 (1,314)6,937 41,339 962 2.33% Office Expense 39,662 16,526 1,422 13,628 (2,898)2,871 10,997 2,631 23.92% Professional Services 650,108 220,878 61,686 216,723 (4,155)41,347 189,120 27,603 14.60% Training 61,728 15,720 556 8,930 (6,790)1,950 11,816 (2,886) -24.43% Travel & Conferences 102,493 27,705 2,374 21,483 (6,222)3,320 20,500 983 4.80% Uncollectible Accounts 17,205 7,169 (23) 196 (6,973)324 4,765 (4,569) -95.89% Utilities 158,100 75,875 10,584 80,833 4,958 9,180 54,326 26,507 48.79% Vehicle Equipment 286,812 119,505 21,058 112,095 (7,410)11,099 114,266 (2,171) -1.90% Supplies & Services Sub-Total 4,133,160 1,534,650 306,945 1,512,026 (22,624)236,477 1,530,524 (18,498) -1.21% Total Operating Expenses 26,746,883 11,768,442 2,332,237 11,577,141 (191,301)1,786,222 11,052,538 524,603 4.75% Expenses (Non-Operating): Interest on Long Term Debt 1,489,796 723,023 115,401 564,344 (158,679)130,618 685,116 (120,772) -17.63% Other Expense 15,220 6,342 13,215 23,221 16,879 (765) 12,852 10,369 -80.68% Total Non-Operating Expenses:1,505,016 729,365 128,616 587,565 (141,800) 129,853 697,968 (110,403) -15.82% Total Expenses 28,251,899 12,497,807 2,460,853 12,164,706 (333,101)1,916,075 11,750,506 414,200 3.52% Net Position Before Capital Contributions 4,641,864 2,103,517 1,049,476 3,827,648 1,724,131 1,055,707 3,291,161 536,486 16.30% Special Item - - - 1,105,809 1,105,809 - - 1,105,809 0.00% Capital Contributions (Non-Cash Transaction -- - - 968,275 968,275 351,960 616,315 175.11% GASB 34 Compliant) Net Position Before Depreciation 4,641,864 2,103,517 1,049,476 3,690,114 1,586,597 1,055,707 3,643,121 46,992 1.29% Depreciation & Amortization 5,832,000 2,430,000 505,398 2,526,308 96,308 483,506 2,412,113 114,195 4.73% Total Net Position (1,190,136) (326,483) 544,078 1,163,806 1,490,289 572,201 1,231,008 (67,202) -5.46% Capital - Direct Labor (29,171) (98,635)(98,635) (14,329)(91,329)(7,306) 8.00% (With November 30, 2016 for comparison purposes) Yorba Linda Water District Water Fund For Period Ending November 30, 2017 3 Annual YTD Nov YTD YTD Actual Prior Year Prior Year YTD Actual YTD - CUR Budget Budget Actual Actual (Under)Over Nov. Actual Actual (thru vs vs FY18 FY18 FY18 FY18 YTD Budget FY17 Nov. 2016)PY Actual $PY Actual % Revenue (Operating): Sewer Charge Revenue $2,032,245 $846,769 $173,201 $859,447 $12,678 $158,268 $784,963 $74,484 9.49% Locke Ranch Assessments 223,000 29,987 41,514 41,816 11,830 19,608 19,950 21,866 0.00% Other Operating Revenue 97,055 40,439 1,834 23,678 (16,762)10,560 45,872 (22,195) -48.38% Total Operating Revenue:2,352,300 917,195 216,549 924,941 7,746 188,436 850,785 74,156 8.72% Revenue (Non-Operating): Interest 35,000 14,583 2,741 19,332 4,749 1,867 12,288 7,044 57.33% Other Non-Operating Revenue 19,875 8,281 (4,129) (5,728)(14,009)(8,547) 50,032 (55,760)-111.45% Total Non-Operating Revenue:54,875 22,864 (1,388)13,604 (9,260)(6,680) 62,320 (48,716) -78.17% Total Revenue 2,407,174 940,059 215,160 938,545 (1,514)181,756 913,105 25,440 2.79% Expenses (Operating): Salary Related Expenses 998,257 406,244 112,237 413,607 7,363 73,350 384,299 29,307 7.63% Supplies & Services: Communications 12,010 5,004 541 2,807 (2,197)539 4,277 (1,469)-34.36% Contractual Services 28,237 11,765 1,804 11,876 111 1,319 11,333 543 4.79% Data Processing 15,078 6,283 1,190 4,681 (1,601)1,118 5,331 (650)-12.19% Dues & Memberships 6,053 2,522 627 4,961 2,439 519 4,750 211 4.45% Fees & Permits 17,474 7,281 778 3,277 (4,003)1,734 4,345 (1,068)-24.57% Board Election - - - - - - 5,460 (5,460)-100.00% Insurance 19,834 8,264 1,595 7,622 (642)1,480 7,553 69 0.92% Materials 51,653 21,522 5,326 20,890 (632)1,059 13,241 7,649 57.77% District Activities, Emp Recognition 1,694 706 236 633 (73)68 330 303 91.70% Maintenance 170,559 61,066 21,878 58,088 (2,978)7,282 19,215 38,873 202.30% Non-Capital Equipment 20,147 8,395 724 10,322 1,927 1,251 4,830 5,491 113.68% Office Expense 2,963 1,235 107 1,013 (222)216 828 185 22.37% Professional Services 40,417 12,340 1,857 9,482 (2,859)1,231 7,776 1,705 21.93% Training 6,782 2,826 19 950 (1,875)104 1,591 (641)-40.28% Travel & Conferences 12,752 5,313 177 1,993 (3,320)245 1,407 586 41.66% Uncollectible Accounts 1,295 539 (20) 61 (478)56 859 (798)-92.85% Utilities 12,600 5,250 854 6,363 1,114 748 4,368 1,996 45.69% Vehicle Equipment 69,188 28,828 5,742 43,325 14,497 8,671 30,444 12,881 42.31% Supplies & Services Sub-Total 488,735 189,139 43,434 188,346 (794) 27,640 127,938 60,408 47.22% Total Operating Expenses 1,486,991 595,383 155,671 601,952 6,569 100,990 512,237 89,715 17.51% Expenses (Non-Operating): Interest Expense - - - - - - - - - Other Expense - - - (10,679) (10,679) - (2,104) (8,575) - Total Non-Operating Expenses:- - - (10,679) (10,679) - (2,104) (8,575) 0.00% Total Expenses 1,486,991 595,383 155,671 591,273 (4,110) 100,990 510,133 81,140 15.91% Net Position Before Capital Contributions 920,183 344,676 59,490 347,272 2,596 80,766 402,972 (55,700) -13.82% Capital Contributions (Non-Cash Transaction -- - 2,325 821,633 821,633 - 323,030 498,603 154.35% GASB 34 Compliant) Net Position Before Depreciation 920,183 344,676 61,815 1,168,905 824,229 80,766 726,002 442,903 61.01% Depreciation & Amortization 1,350,000 562,500 113,445 566,864 4,364 111,373 555,038 11,827 2.13% Total Net Position (429,817) (217,824) (51,630) 602,041 819,864 (30,607) 170,964 431,077 252.15% Capital - Direct Labor (1,584) (8,209)(8,209) (1,136) (7,767)(442)5.69% Yorba Linda Water District Sewer Fund For Period Ending November 30, 2017 (With November 30, 2016 for comparison purposes) 4 $1,530,879 $1,775,410 $2,055,426 $3,190,782 $4,310,097 $4,165,416 $941,736 $961,952 $932,414 $778,710 $868,339 $904,363 $2,386,731 $2,442,443 $2,460,088 $1,320,092 $1,992,641 $2,093,008 $8,614,842 $8,660,194 $8,440,387 $5,685,755 $7,081,629 $7,780,375 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 FY13 FY14 FY15 FY16 FY17 FY18 Water Revenue Comparison by Fiscal Year Water Revenue (Service Charge) Water Revenue (Commercial & Fire Det.) Water Revenue (Landscape/Irrigation) Water Revenue (Residential) $13,474,188 $13,839,999 $13,888,315 $14,943,162 $14,252,706 $10,975,339 5 1141.7 1343.7 1243.3 1217.3 1027.8 130.8 148.5 125.0 137.5 107.1 302.2 380.3 327.5 316.8 270.4 77.2 77.2 73.8 73.1 65.6 0 10 20 30 40 50 60 70 80 0.0 200.0 400.0 600.0 800.0 1000.0 1200.0 1400.0 1600.0 1800.0 2000.0 Jul-17 Aug-17 Sep-17 Oct-17 Nov-17 degrees, Fahrenheitacre-feetConsumption vs Average Temperature Residential Commercial Landscape AVG. Temperature 6 1141.7 1343.7 1243.3 1217.3 1027.8 130.8 148.5 125.0 137.5 107.1 302.2 380.3 327.5 316.8 270.4 0.00 0.00 0.07 0.00 0.05 0.00 0.05 0.10 0.15 0.20 0.25 0.30 0.35 0.40 0.45 0.50 0.0 200.0 400.0 600.0 800.0 1000.0 1200.0 1400.0 1600.0 1800.0 2000.0 Jul-17 Aug-17 Sep-17 Oct-17 Nov-17 inchesacre-feetConsumption vs Rainfall Residential Commercial Landscape Rainfall 7 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 FY16 FY17 FY18 FY16 FY17 FY18 FY16 FY17 FY18 FY16 FY17 FY18 FY16 FY17 FY18 JULY AUGUST SEPTEMBER OCTOBER NOVEMBER 55,561 58,238 56,992 51,254 63,184 80,884 61,537 66,195 54,463 48,708 49,885 59,881 44,179 63,789 58,343 119,268 136,162 131,653 80,846 154,590 207,053 121,214 178,617 142,649 76,382 123,019 138,015 75,302 143,525 147,368 CONSUMPTION BY UNITS CCF Residential Commercial Landscape 8 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 JULY AUGUST SEPTEMBER OCTOBER NOVEMBER $101,350 $90,253 $72,759 $101,350 $90,253 $72,759 $101,350 $90,253 $72,759 $85,326 $73,629 $72,759 $101,349 $90,252 $72,759 Variable Water Cost by Month (Variable Vs. Fixed Expenses) Fixed Portion of Costs (MWDOC's Annual Connection amortized over 12 months for all Fiscal Years) 9 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 2,000,000 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Variable Costs Analysis FY16 Var Costs FY17 Var Costs FY18 Var Costs (includes 100% of Annual Connection Expensed in July) 10 $14,781,809 $14,866,566 $12,833,882 $15,041,668 $15,992,354 $12,002,589 $12,500,320 $10,360,510 $11,750,506 $12,164,707 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 $18,000,000 Nov. 2013 Nov. 2014 Nov. 2015 Nov. 2016 Nov. 2017 Water Revenues & Expenses -November (excludes Depreciation, Special Items, and Contributed Capital ) Total Revenue Total Expenses 11 $766,183 $715,059 $748,505 $913,105 $938,545 $492,022 $539,660 $507,436 $510,133 $591,274 $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 Nov. 2013 Nov. 2014 Nov. 2015 Nov. 2016 Nov. 2017 Sewer Revenues & Expenses -November (excludes Depreciation, Special Items, and Contriubed Capital) Total Revenue Total Expenses 12 ITEM NO. 9.2 AGENDA REPORT Meeting Date: January 9, 2018 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Prepared By:Kelly McCann, Senior Accountant Subject:Cash and Investment Report for Period Ending November 30, 2017 SUMMARY: Government Code Section 530607, et. seq., requires the person delegated to invest funds to make monthly report of investments to the legislative body. DISCUSSION: The Cash & Investment Portfolio Report presents the market value and percent yield for all District investments by institution. The Cash & Investment Summary Report includes budget and actual interest and average term portfolio information as well as market value broken out by reserve categories. The Fair Value Measurement Report categorizes investments with the fair value hierarchy established by generally accepted accounting principles. The Acquisition Fund Reconciliation provides a detail reconciliation of the Bond Proceeds for the Construction of the Fairmont Booster Pump Station. The Unrestricted Reserves and Days in Cash Graph presents Water Unrestricted Reserve Balances and Days in Cash at a particular point in time for the last four years. The total average yield for the month ending November 30, 2017 is 1.28%. The overall decrease in the investment balance from the previous month is approximately $472,000. A large contributor to the result is a decrease in the Restrictive 2017A Acquisition Fund by $770,103 to pay for Fairmont Booster Pump Station capital project costs. While the Water Operating Fund increased by $261,888 and the Sewer Operating Fund increased by $32,026 due to a positive net effect between operating revenues and expenses through the reporting month of the fiscal year. STRATEGIC PLAN: FR 1-F: Continue to Record and Report the Fairly Stated Financial Activities of the District in a Timely and Transparent Manner to the Board of Directors and Member Agencies ATTACHMENTS: Name:Description:Type: Cash_and_Invest_Rpt_Nov_17.pdf Backup Material Backup Material Below is a chart summarizing the yields as well as terms and maturities for the month of November 2017: Average # of Month Portfolio Days to of 2017 Yield Maturity November 1.28%100 Below are charts comparing operating fund interest for current and prior fiscal years. Actual Interest 11/30/2016 11/30/2017 Monthly - November 33,778$ 52,028$ Year-to-Date 128,131$ 178,600$ Budget 2016/2017 2017/2018 Interest Budget, November YTD 47,917$ 129,167$ Interest Budget, Annual 115,000$ 310,000$ 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: Total of $37.8 million in cash and investments which is split between minimum reserve requirements and what is available to meet current year obligations (operating costs, debt service, capital costs). The number of Days in Cash for Un-Restricted Water Reserve balance is 376 and Un-Restricted Sewer Reserve balance is 1,160. Reserve Cash and Requirements Investments October 2017 % Alloc November 2017 % Alloc "Target Available for Fund Description Balance 10/31/2017 Balance 11/30/2017 Levels"CY Obligations Water Operating Reserve 10,601,240$ 31.39%10,947,411$ 32.08%9,459,287$ 1,488,124$ Water Emergency Reserve 6,919,361 20.49%6,923,016 20.29%7,790,359 (867,343) Water Capital Project Reserve 5,717,801 16.93%5,720,560 16.76%5,716,336 4,224 Rate Stabilization Reserve 3,951,201 11.70%3,948,282 11.57%3,957,692 (9,410) Un-Restricted Water Reserve Balance 27,189,603 27,539,269 26,923,674 615,595 Conservation Reserve 103,416 0.31%103,416 0.30%- 103,416$ Employee Liability Reserve 1,752,452 5.19%1,754,243 5.14%272,054 1,482,189 Restricted Reserve Balance 1,855,868 1,857,660 272,054 1,585,606 Sewer Operating Reserve 657,861 1.95%657,775 1.93%498,142$ 159,633$ Sewer Emergency Reserve 2,550,385 7.55%2,550,191 7.47%2,545,934 4,257 Sewer Capital Project Reserve 1,518,167 4.50%1,517,256 4.45%1,519,358 (2,102) Un-Restricted Sewer Reserve Balance 4,726,414 4,725,221 4,563,434 161,787 Total Reserve Balances 33,771,885$ 100.00%34,122,150$ 100.00%31,759,162$ 2,362,988$ Water Operating 511,249 426,967 Sewer Operating 133,610 165,723 644,859 592,690 Revenue Bond 2017A-Acquisition Fund 3,859,343 3,089,239 Total Cash and Investments 38,276,087$ 37,804,078$ Cash & Investment Summary Report Cash & Investment Summary Comparison Between Current and Previous Month Wells Fargo Bank Checking US Bank Held (Restricted) 1 Market %Date of Percent Value Par of Total Institution Maturity Yield Checking Account: 592,690$ 592,690$ Wells Fargo Bank 46,549 46,549 Pershing 639,239$ 639,239$ 1.69%Total 0.00% Money Market Accounts: 3,089,239$ 3,089,239 US Bank (Revenue Bonds)0.67% 952,967 952,967 Bank of the West 0.30% 4,042,205$ 4,042,205$ 10.69%Total 0.58% Federal Agency Securities: 498,660$ 500,000 Federal Home Loan Bank 06/12/18 1.00% 498,995$ 500,000 Federal Home Loan Bank 06/13/18 1.10% 997,655$ 1,000,000$ 2.64%Total 1.05% Certificates of Deposits: 247,809$ 248,000$ CIT Bank, Salt Lake 05/22/18 1.20% 247,953$ 248,000 Discover 05/22/18 1.20% 247,809$ 248,000 Goldman Sachs Bank 05/22/18 1.20% 247,985$ 248,000 Beal Bank 05/23/18 1.00% 247,948$ 247,000 Barclays Bank 04/30/18 2.24% 248,069$ 248,000 State Bank of India 05/14/18 1.14% 248,539$ 249,000 Webster Bank 05/03/18 0.90% 247,973$ 248,000 American Express Centurion Bank 05/23/18 1.20% 247,685$ 248,000 GE Capital Bank 05/24/18 1.10% 248,604$ 249,000 Oriental Bank & Trust 05/29/18 1.05% 248,537$ 249,000 Enterprise Bank & TR Co Lowell 05/30/18 1.00% 248,547$ 249,000 Safra National Bank 05/31/18 1.00% 247,536$ 248,000 Townebank Portsmouth 05/31/18 1.00% 248,542$ 249,000 Mascoma Savings Bank 05/29/18 1.00% 100,008$ 100,000 Ally Bank Midvale Utah 12/11/17 1.54% 198,468$ 200,000 World's Foremost Bk Sydney 05/28/19 1.31% 246,718$ 248,000 Capital One Bk USA Natl Assn 05/13/19 1.20% 244,682$ 249,000 Comenity Cap Bk Salt Lake City 06/30/21 1.67% 243,372$ 248,000 EnerBank USA Salt Lake City 08/26/20 1.32% 245,396$ 248,000 EverBank Jacksonville Fla CTF 08/30/19 1.16% 180,017$ 180,000 HSBC BK USA, NA MC Clean CTF 08/31/21 1.24% 241,306$ 248,000 Wells Fargo Bank NA Sioux Falls D 08/31/21 1.64% 246,800$ 247,000 PrivateBank & Tr Chicago Ill CTF 03/30/22 2.20% 249,944$ 249,000 JP Morgan Chase Bk NA Columbus 03/31/22 2.44% 5,670,249$ 5,693,000$ 15.00%Total 1.33% Pooled Investment Accounts: 7,446,951$ 7,446,951$ Local Agency Investment Fund 1.17% 1,319,998 1,321,509 CalTRUST Short Term 1.28% 17,687,780 17,802,710 CalTRUST Medium Term 1.54% 26,454,730$ 26,571,171$ 69.98%1.42% 37,804,078$ 37,945,615$ 100%Total Investments 1.28% 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. 11/30/17 Yorba Linda Water District Cash & Investment Portfolio Report November 30, 2017 ________________________________ Kelly D. McCann, Senior Accountant 2 Yorba Linda Water District Fair Value Measurement Report November 30, 2017 Quoted Observable Unobservable Prices Inputs Inputs Investments Level 1 Level 2 Level 3 Total CalTRUST Investment Pool -$ 19,007,779$ -$ 19,007,779$ Local Agency Investment Fund - 7,446,951 - 7,446,951 U.S. Government Sponsored Agency Securities - 997,655 - 997,655 Negotiable Certificates of Deposit - 5,670,249 - 5,670,249 Total Investments -$ 33,122,634$ -$ 33,122,634$ 3 $24,932,866 $29,025,573 $27,283,364 $27,539,269 347 395 386 376 60 110 160 210 260 310 360 410 460 $20,000 $5,020,000 $10,020,000 $15,020,000 $20,020,000 $25,020,000 $30,020,000 $35,020,000 Nov. 2014 Nov. 2015 Nov. 2016 Nov. 2017 Unrestricted Reserves & Days in Cash (Water) Unrestricted Reserves (Water)Days in Cash (Water) 4 2017A Revenue Bond - Acquisition Fund Reconciliation for the Construction of the Fairmont Booster Pump Station Transaction Beginning Construction Retention YLWD Interest AVAILABLE Description Date Balance Costs Payments Labor Earned subtotal Balance Beginning Balance 5/11/2017 6,000,000.00$ 6,000,000.00$ 6,000,000.00$ Withdrawal Request #1 5/31/2017 (492,396.40)$ (25,915.60)$ (518,312.00)$ 5,481,688.00$ Interest Earned 6/1/2017 1,304.58$ 1,304.58$ 5,482,992.58$ Withdrawal Request #2 6/27/2017 (382,969.61)$ (20,155.35)$ (8,676.19)$ (411,801.15)$ 5,071,191.43$ Interest Earned 7/3/2017 2,191.39$ 2,191.39$ 5,073,382.82$ Withdrawal Request #3 7/25/2017 (321,714.36)$ (15,243.60)$ (336,957.96)$ 4,736,424.86$ Interest Earned 8/1/2017 2,492.88$ 2,492.88$ 4,738,917.74$ Withdrawal Request #4 8/22/2017 (133,871.43)$ (6,779.60)$ (140,651.03)$ 4,598,266.71$ Interest Earned 9/1/2017 2,418.85$ 2,418.85$ 4,600,685.56$ Withdrawal Request #5 9/26/2017 (274,696.65)$ (12,562.60)$ (17,344.18)$ (304,603.43)$ 4,296,082.13$ Interest Earned 10/3/2017 2,286.89$ 2,286.89$ 4,298,369.02$ Withdrawal Request #6 10/24/2017 (417,145.84)$ (21,950.10)$ (439,095.94)$ 3,859,273.08$ Withdrawal Request #7 11/28/2017 (734,534.40)$ (37,773.60)$ (772,308.00)$ 3,086,965.08$ Interest Earned 11/30/2017 2,176.68$ 2,176.68$ 3,089,141.76$ subtotal =6,000,000.00$ (2,757,328.69)$ (140,380.45)$ (26,020.37)$ 12,871.27$ 3,089,141.76$ 5 ITEM NO. 13.1 AGENDA REPORT Meeting Date: January 9, 2018 Subject:Meetings from January 10 - February 28, 2018 ATTACHMENTS: Name:Description:Type: BOD_-_Activities_Calendar.pdf Backup Material Backup Material Board of Directors Activity Calendar Event Date Time Attendance By January OC LAFCO Commission Wed, Jan 10 8:00 AM _____ Yorba Linda Planning Commission Wed, Jan 10 6:30 PM _____ YL City Council Tue, Jan 16 6:30 PM Miller MWDOC Board Wed, Jan 17 8:30 AM _____ OCWD Board Wed, Jan 17 5:30 PM _____ Board of Directors Regular Meeting Tue, Jan 23 6:30 PM MWDOC/OCWD Joint Planning Committee Wed, Jan 24 8:30 AM _____ OCSD Board Wed, Jan 24 6:00 PM _____ Yorba Linda Planning Commission Wed, Jan 24 6:30 PM _____ ISDOC Thu, Jan 25 11:30 AM _____ Interagency Committee Meeting with MWDOC and OCWD Thu, Jan 25 4:00 PM _____/_____ MWDSC Inspection Trip Fri, Jan 26 Miller MWDSC Inspection Trip Sat, Jan 27 Miller MWDSC Inspection Trip Sun, Jan 28 Miller February Board of Directors Workshop Meeting Thu, Feb 1 4:30 PM WACO Fri, Feb 2 7:30 AM _____ CSDA Special District Leadership Academy Mon, Feb 5 8:00 AM Jones ISDOC Executive Committee Tue, Feb 6 7:30 AM _____ CSDA Special District Leadership Academy Tue, Feb 6 8:00 AM Jones Yorba Linda City Council Tue, Feb 6 6:30 PM _____ CSDA Special District Leadership Academy Wed, Feb 7 8:00 AM Jones MWDOC Board Wed, Feb 7 8:30 AM _____ UWI Conference Wed, Feb 7 1:00 PM Jones/Nederhood OCSD Operations Committee Wed, Feb 7 5:00 PM _____ OCWD Board Wed, Feb 7 5:30 PM _____ UWI Conference Thu, Feb 8 8:30 AM Jones/Nederhood UWI Conference Fri, Feb 9 8:30 AM Jones/Nederhood OC LAFCO Commission Wed, Feb 14 8:00 AM _____ Yorba Linda Planning Commission Wed, Feb 14 6:30 PM _____ District Offices Closed Mon, Feb 19 7:00 AM YL City Council Tue, Feb 20 6:30 PM _____ MWDOC Board Wed, Feb 21 8:30 AM _____ OCWD Board Wed, Feb 21 5:30 PM _____ Board of Directors Workshop Meeting Thu, Feb 22 4:30 PM BACKUP MATERIALS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 1 1 8344257.3 YO030-031 RESOLUTION NO. 18-0309-11 EMPLOYER-EMPLOYEE RELATIONS RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT REVISING THEIMPLEMENTING CHAPTER 10, DIVISION 4, TITLE 1 OF THE GOVERNMENT CODE, STATE OF CALIFORNIA, “LOCAL PUBLIC EMPLOYEE ORGANIZATIONS” PROCEDURES FOR ADMINISTRATION OF EMPLOYER-EMPLOYEE RELATIONS BETWEEN THE DISTRICT AND ITS RECOGNIZED EMPLOYEE ORGANIZATIONS AND RESCINDING RESOLUTION NO. 09-11 WHEREAS, the District previously implemented wishes to implement revise Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned “Local Public Employee Organizations” as adopted by Resolution No. 09-11; and WHEREAS, the District intends to continue strengthening methods of administering employer-employee relations through the establishment of uniform methods of communications between employees, employee organizations and the Yorba Linda Water District; t,and WHEREAS, it is the desire of the Board of Directors to adopt Resolution No. 18-03 reviseing the procedures for administration of employer-employee relations between the District and its recognized employee organizations. and rescinding Resolution No. 09-11. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District that the following provisions be implemented:o implement the following provisions. Article 1. General Provisions Section 1. : Statement of Purpose This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations," (the Meyers-Milias- Brown Act) by providing orderly procedures for the administration of employer-employee relations between the Yorba Linda Water District and its employee organizations. However, nothing contained herein shall be ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: January 9, 2018 Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 2 1 8344257.3 YO030-031 deemed to supersede the provisions of state law, ordinances, resolutions aand rules which establish and regulate the merit and civil service system, or which provide for other methods of administering employer-employee relations. This Resolution is intended, instead, to strengthen merit, civil service and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the Yorba Linda Water District. It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly and significantly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law, or by the laws governing and/or creating the Yorba Linda Water District. However, nothing herein shall be construed to restrict any legal or inherent exclusive Yorba Linda Water District rights with respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment; determine the rules and policies under which employment is to be managed; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; determine the content of job classifications; subcontract work; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Section 2. Definitions As used in this Resolution, the following terms shall have the meanings indicated: a. “Appropriate unit” means a unit of employee classes or positions, established pursuant to Article II hereof. b. "District" means the Yorba Linda Water District, and, where appropriate herein, refers to the Board of Directors (“Board”) of the District or any duly authorized District representative as herein defined. ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: January 9, 2018 Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 3 1 8344257.3 YO030-031 c. "Confidential Employee" means an employee who, in the course of his or her duties, has access to confidential information relating to the District's administration of employer-employee relations. d. "Consult/Consultation in Good Faith” means to communicate orally or in writing with all effected recognized employee organizations for the purpose of presenting and obtaining views or advising of proposed actions in a good faith effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of the meet and confer process, does not involve an exchange of proposals and counterproposals in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof. e. "Day" means calendar day unless expressly stated otherwise. f. "Employee Relations Officer" means the District General Manager or his or her duly authorized representative. g. "Exclusively Recognized Employee Organization" means an employee organization that has been formally acknowledged by the District as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees. Such recognition status may not only be challenged by another employee organization: 1) within twelve (12) months of such recognition and 2) to take effect during a Memorandum of Understanding having a term of up to three (3) years as set forth in section 6 of Article II of this Resolution. h. "Impasse" means that the representatives of the District and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and about which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: January 9, 2018 Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 4 1 8344257.3 YO030-031 i. "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of District policies and programs and/or an employee who exercises Ssupervisory Aauthority. j. "Proof of Employee Support" means: 1) an authorization card recently signed and personally dated by an employee, provided that the card has not been subsequently revoked in writing by the employee prior to its submission, 2) a verified authorization petition or petitions recently signed and personally dated by an employee or 3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within ninety (90) days prior to the filing of a petition. k. "Supervisory Authority" means any employee having authority, in the interest of the District, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibly to direct them, or to adjust their grievances or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment. l. Terms not defined herein shall have the meanings as set forth in the Meyers-Milias-Brown Act. Article II. Representation Proceedings Section 1. Filing of Recognition Petition by Employee Organization An employee organization which seeks to be formally acknowledged as an Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation: a. Name and address of the employee organization. b. Names and titles of its officers. ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: January 9, 2018 Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 5 1 8344257.3 YO030-031 c. Names of employee organization representatives who are authorized to speak on behalf of the organization. d. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the District. e. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner with, a local, regional, state, national or international organization and, if so, the name and address of each such other organization. f. Certified copies of the employee organization's constitution and bylaws. g. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. h. A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability or medical condition. i. The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. j. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the District. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. k. A request that the Employee Relations Officer formally executing it acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: January 9, 2018 Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 6 1 8344257.3 YO030-031 authorized officer(s) of the employee organization. Section 2. District Response to Recognition Petition Upon receipt of the Petition, the Employee Relations Officer shall determine whether: a. There has been compliance with the requirements of the Recognition Petition, and b. The proposed representation unit is an appropriate unit in accordance with Section 7 of this Article II. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he/she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Section 10 of, Article II of this Resolution. Section 3. Open Period for Filing Challenging Petition Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the recognition petition being challenged) by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Section 1 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: January 9, 2018 Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 7 1 8344257.3 YO030-031 accordance with the standards in Section 6 of this Article II. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 10 of this Article II. Section 4. Granting Recognition Without an Election If the Petition is in order, and the proof of support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations Officer shall request the California State Mediation and Conciliation Service, or another mutually agreed upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination, the Employee Relations Officer shall formally acknowledge the petitioning employee organization as the Exclusive Recognized Employee Organization for the designated unit. Section 5. Election Procedure Where recognition is not granted, pursuant to Section 4 of, Article II, the Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with such party's rules and procedures subject to the provisions of this Resolution. All employee organizations that have duly submitted petitions, which have been determined to be in conformance with this Article II, shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the District. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date ending at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the District in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: January 9, 2018 Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 8 1 8344257.3 YO030-031 between the two choices receiving the largest number of valid votes cast with the rules governing an initial election being applicable to a run-off election. There shall be no more than one valid election under this Resolution pursuant to any petition in a 12-month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service (CSMCS). If the parties cannot agree as to the time, place, and manner of the election, the parties shall authorize CSMCS and its election supervisor to unilaterally determine such issues and carry out the election accordingly. In the event that CSMCS declines to conduct the election, for any reason, the parties agree that the election shall be conducted by the American Arbitration Association or, alternatively, another neutral third party appointed by the District. If, once the alternate election monitor is appointed, the parties cannot agree as to the time, place, and manner of the election, the parties shall authorize the election monitor to unilaterally determine such issues and carry out the election accordingly. Costs of conducting elections shall be borne in equal shares by the District and by each employee organization appearing on the ballot. Section 6. Procedure for Decertification of Exclusively Recognized Employee Organization A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of March of any year following the first full year of recognition or during the first thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years. A Decertification Petition may be filed by two or more employees or their representative or an employee organization and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete: a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: January 9, 2018 Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 9 1 8344257.3 YO030-031 for further information. b. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit. c. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit and any other relevant and material facts relating thereto. d. Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent, that includes the allegation and information required under paragraph (c.) of this Section 6 and otherwise conforms to the requirements of Section 1 of this Article II. The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his/her determination is in the negative, he/she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 10 of this Article II. If the determination of the Employee Relations Officer is in the affirmative, or if his/her negative determination is reversed on appeal, he/she shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: January 9, 2018 Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 10 1 8344257.3 YO030-031 question of representation. Such election shall be conducted in conformance with Section 1 of this Article II. During the "open period" specified in the first paragraph of this Section 6, the Employee Relations Officer may on his/her own motion, when he/she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he/she will arrange for an election to determine that issue. In such event, any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Section 6, which the Employee Relations Officer shall act on in accordance with this Section 6. If, pursuant to this Section 6, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term. Section 7. Policy and Standards for Determination of Appropriate Units The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on: 1) the efficient operations of the District and its compatibility with the primary responsibility of the District and its employees to effectively and economically serve the public, and 2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: a. Similarity of the general kinds of work performed, types of qualifications required and the general working conditions. b. History of representation in the District and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. c. Consistency with the organizational patterns of the District. d. Effect of differing legally mandated impasse resolution procedures. e. Number of employees and classifications and the effect on the administration of employer-employee relations created by the ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: January 9, 2018 Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 11 1 8344257.3 YO030-031 separation of classifications and creation of multiple units. f. Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single or related classifications among two or more units. Notwithstanding the foregoing provisions of this Section, managerial, and confidential responsibilities, as defined in Sec. 2 of Article I of this Resolution, are determining factors in establishing appropriate units hereunder, and therefore managerial, employees and professional and confidential employees may only be included in a unit consisting solely of managerial, employees or professional and confidential employees respectively. Managerial, employees and professional and confidential employees may not represent any employee organization which represents other employees. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. The decision of the Employee Relations Officer shall be final. Section 8. Procedure for Modification of Established Appropriate Units Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Section 6 of this Article II. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Section 1 of this Article II, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 7 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article II. The Employee Relations Officer may by his/her own motion propose that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 7 of this Article II, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in Section 10 of this Article. If ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: January 9, 2018 Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 12 1 8344257.3 YO030-031 a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Section 1 of Article II. Section 9. Procedure for Processing Severance Requests An employee organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another recognized employee organization. The timing, form and processing of such request shall be as specified in Section 8 of this Article II for modification requests. Section 10. Appeals An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer; or an employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Section 1 of, Article II), Challenging Petition (Section 3 of, Article II), Decertification Petition (Section 6 of, Article II), Unit Modification Petition (Section 8 of, Article II) --- or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 6 of, Article II) or Severance Request (Section 9 of, Article II) ---has not been filed in compliance with the applicable provisions of this Article, may, within fifteen (15) days of notice of the Employee Relations Officer’s final decision, request to submit the matter to mediation by the State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the District’s Board for final decision within fifteen (15) days of notice of the Employee Relations Officer’s determination or the termination of mediation proceedings, whichever is later. Appeals to the District’s Board shall be filed in writing with the Board’s Secretary, and a copy thereof served on the Employee Relations Officer. The District’s Board shall commence to consider the matter within thirty (30) days of the filing of the appeal. The District’s Board may, in its discretion, refer the dispute to a non-binding third party hearing process. Any decision of the Board on the use of such procedure, and/or any decision of the Board determining the substance of the dispute shall be final and binding. Article III. Administration ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: January 9, 2018 Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 13 1 8344257.3 YO030-031 Section 1. Submission of Current Information by Recognized Employee Organizations All changes in the information filed with the District by an Exclusively Recognized Employee Organization under items a. through h. of its Recognized Petition under Section 1, of Article II of this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change. Exclusively Recognized Employee Organizations that are party to an agency shop provision shall provide annually to the Employee Relations Officer and to unit members within 60 days after the end of its fiscal year the financial report required under Government Code Section 3502.5 (f) of the Meyers-Milias Brown Act. Section 2. Employee Organization Activities - Use of District Resources Access to District work locations and the use of District paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memoranda of Understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer-employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and shall not interfere with the efficiency, safety and security of District operations. Section 3. Administrative Rules and Procedures The District General Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation (or meeting and conferring as if required by law) with affected employee organizations. Article IV. Impasse Procedures Section 1. Initiation of Impasse Procedures: If the meet and confer process has reached impasse as defined in Section 2 of, Article I of this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be: ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: January 9, 2018 Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 14 1 8344257.3 YO030-031 a. To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding, and b. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. Section 2. Impasse Procedures Impasse procedures are as follows: a. Either party may propose that the impasse be submitted to mediationIf the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation nor take any public position at any time concerning the issues. The mediation shall be conducted by the State Mediation and Conciliation Service. a.b. Otherwise, the parties can utilize any other impasse procedures provided in accordance with the Meyers-Milias-Brown Act. bc. After any applicable impasse procedures have been exhausted, the Board of Directors may hold a public hearing regarding the impasse, and take such action regarding the impasse as it in its discretion deems appropriate as in the public interest, including implementation of the District’s last, best and final offer. Any legislative action by the Board on the impasse shall be final and binding.If the parties fail to resolve the dispute through mediation the parties shall submit the impasse to the Board of Directors for the Board’s determination, which shall be final and conclusive. Section 3. Costs of Impasse Procedures The cost for the services of a mediator, and other mutually incurred costs of mediation, shall be borne equally by the District and Exclusively Recognized Employee Organization. Article V. Miscellaneous Provisions Section 1. Construction This Resolution shall be administered and construed as follows: ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: January 9, 2018 Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 15 1 8344257.3 YO030-031 a. Nothing in this Resolution shall be construed to deny to any person, employee, organization, the District, or any authorized officer, body or other representative of the District, the rights, powers and authority granted by federal or state law (or District Charter provisions). b. This Resolution shall be interpreted so as to carry out its purpose as set forth in Article I. c. Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to District employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown of work. In consideration of and as a condition of initial and continued employment by the District, employees recognize that any such actions by them are in violation of their conditions of employment except as expressly otherwise provided by legally preemptive state or contrary local law. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination, and may be replaced, to the extent such actions are not prohibited by preemptive law; and employee organizations may thereby forfeit rights accorded them under District law or contract. Section 2. Severability If any provision of this Resolution, or the application of such provision to any persons or circumstances, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. BE IT FURTHER RESOLVED THAT Resolution No. 09-11 is hereby rescinded. PASSED AND ADOPTED this 9th day of January, 2009 2018 by the following called vvote: AYES: NOES: ABSENT: ABSTAIN: ABSENT: ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: January 9, 2018 Resolution No. 18-03 Revising Procedures for Administration of Employer-Employee Relations 16 1 8344257.3 YO030-031 ______________________________ John W. SummerfieldAl Nederhood, President Yorba Linda Water District ATTEST: __________________________ Marc MarcantonioAnnie AlexanderKenneth R. Vecchiarelli, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: ______________________________ Andrew B. GagenArthur G. Kidman, Esq. Kidman Law LLP ITEM NO. 8.1. MATERIALS SUBMITTED BY: Gina Knight MEETING DATE: January 9, 2018