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Home My WebLink About2018-02-13 - Board of Directors Meeting Agenda Packet (B) AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, February 13, 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. Presentation of Special District Leadership Foundation Districts of Distinction Accreditation Renewal 5.2. Elected Official Liaison Reports 6. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to three minutes. 7. 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 of Directors Special and Regular Meetings Held January 23, 2018 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Special and Workshop Meetings Held February 1, 2018 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,356,471.22. 7.4. Declaration of Restrictive Covenants with Stephen Talbert Recommendation: That the Board of Directors authorize the President and General Manager to execute the Declaration of Restrictive Covenants with Stephen Talbert. 7.5. Award of Construction Contract for 2018 Sewer Main CIPP Rehabilitation Project Recommendation: That the Board of Directors award the Construction Contract for the 2018 Sewer Main CIPP Rehabilitation Project to Insituform Technologies, Inc. for $166,110.90, Job No. J2017-37S. 7.6. Amendment No. 3 to Professional Services Agreement (PSA) for Fairmont Booster Pump Station Upgrade Project Recommendation: That the Board of Directors approve Amendment No. 3 to the PSA with Stantec, in the amount of $39,105, for additional engineering services for the Fairmont Booster Pump Station Upgrade Project, Job No. 2010-11B. 7.7. Claim for Damages Filed by Colliers International Real Estate Management Services, Inc. Recommendation: That the Board of Directors reject the claim filed by Colliers International Real Estate Management Services, Inc. and refer it to ACWA-JPIA for further handling. 7.8. Establishing Securities Custody Agreements with US Bank for District Investments Recommendation: That the Board of Directors adopt Resolution No. 18-04 authorizing the establishment of securities custody agreements and other agreements with US Bank for District investments. 8. 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. 8.1. Website Content and Analytics 8.2. Open House and Facility Tours (Miller) 8.3. Redesign of Water/Sewer Bill and Promotion of Electronic Payment Options (Nederhood) 8.4. Results of Self-Assessment and Continued Evaluation of Board Policies and Procedures (Hall) 8.5. Status of Engineering and Operations Activities 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. Directors' Reports 9.2. General Manager's Report 9.3. General Counsel's Report 9.4. Future Agenda Items and Staff Tasks 10. COMMITTEE REPORTS 10.1. Interagency Committee with MWDOC and OCWD (Nederhood/Jones) · Minutes of meeting held January 25, 2018 at 4:00 p.m. · Next meeting scheduled March 22, 2018 at 4:00 p.m. 10.2. Joint Agency Committee with City of Yorba Linda (Nederhood/Jones) · Minutes of meeting held December 18, 2017 at 4:00 p.m. · Next meeting scheduled March 19, 2018 at 4:00 p.m. at YL City Hall. 10.3. Joint Agency Committee with City of Placentia (Nederhood/Jones) · Next meeting yet to be scheduled. 11. INTERGOVERNMENTAL MEETINGS 11.1. MWDOC/OCWD Joint Planning Committee - January 24, 2018 (Jones/Nederhood) 11.2. OCSD Board - January 24, 2018 (Hawkins) 11.3. ISDOC - January 25, 2018 (Hawkins/Jones/Nederhood) 11.4. WACO - February 2, 2018 (Nederhood) 11.5. CSDA Special District Leadership Academy - February 5-7, 2018 (Jones) 11.6. ISDOC Executive Committee - February 6, 2018 (Nederhood) 11.7. YL City Council - February 6, 2018 (Nederhood) 11.8. MWDOC Board - February 7, 2018 (Nederhood) 11.9. UWI Conference - February 7-9, 2018 (Jones/Nederhood) 11.10. OCSD Operations Committee - February 7, 2018 (Hawkins) 11.11. OCWD Board - February 7, 2018 (Miller) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from February 14 - April 30, 2018 13. ADJOURNMENT 13.1. A strategic planning workshop has been scheduled Thursday, February 22, 2018 at 4:30 p.m. The next Regular Board of Directors Meeting will be held Tuesday, February 27, 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. 7.1 AGENDA REPORT Meeting Date: February 13, 2018 Subject:Minutes of the Board of Directors Special and Regular Meetings Held January 23, 2018 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2018-01-23_-_Minutes_-_BOD_(A).doc Minutes Minutes 2018-01-23_-_Minutes_-_BOD_(B).doc Minutes Minutes Minutes of the YLWD Board of Directors Special Meeting Held January 23, 2018 at 5:30 p.m. 1 2018-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Tuesday, January 23, 2018, 5:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 5:32 p.m. 2. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Al Nederhood, President Marc Marcantonio, General Manager Brooke Jones, Vice President Brett Barbre, Assistant General Manager Andrew J. Hall Annie Alexander, Executive Asst/Board Secretary Phil Hawkins 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 5:32 p.m. All Directors were present. Also present were General Manager Marc Marcantonio and General Counsel Andrew Gagen. 4.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager Assistant General Manager Brett Barbre joined the Closed Session at 6:15 p.m. prior to discussion Item No. 4.2. Minutes of the YLWD Board of Directors Special Meeting Held January 23, 2018 at 5:30 p.m. 2 2018-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) The Board reconvened in Open Session at 6:44 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 was adjourned at 6:45 p.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held January 23, 2018 at 6:30 p.m. 1 2018-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, January 23, 2018, 6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 6:45 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Al Nederhood, President Marc Marcantonio, General Manager Brooke Jones, Vice President Brett Barbre, Assistant General Manager Andrew J. Hall Steve Conklin, Engineering Manager Phil Hawkins John DeCriscio, Operations Manager J. Wayne Miller Gina Knight, HR/Risk and Safety Manager Delia Lugo, Finance Manager Annie Alexander, Executive Assistant Mike Carreon, Facilities Maintenance Worker Bryan Hong, Water Quality Engineer Kelly McCann, Senior Accountant Kaden Young, Management Analyst ALSO PRESENT Andrew Gagen, Partner, Kidman Law LLP Laura Kalty, Partner, Liebert Cassidy Whitmore 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. INTRODUCTIONS AND PRESENTATIONS 5.1. Elected Official Liaison Reports None. Minutes of the YLWD Board of Directors Regular Meeting Held January 23, 2018 at 6:30 p.m. 2 2018-XXX 6. PUBLIC COMMENTS None. 7. CONSENT CALENDAR Director Miller stated he had questions related to Item Nos. 7.3., 7.4., and 7.5. Vice President Jones indicated he had questions related to Item No. 7.2. These items were removed from the Consent Calendar for separate action. Director Hawkins made a motion, seconded by Director Hall, to approve Item No. 7.1. Motion carried 5-0. 7.1. Minutes of the Board of Directors Special and Regular Meetings Held January 9, 2018 Recommendation: That the Board of Directors approve the minutes as presented. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION Staff responded to questions regarding a few items on the check register. Director Jones made a motion, seconded by Director Hawkins, to approve Item No. 7.2. Motion carried 5-0. 7.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $4,192,719.61. Motion carried 5-0. Staff responded to questions regarding professional engineering services for Well 21, staff’s construction cost estimates for the pressure regulating stations rehabilitation project, and legal requirements associated with bid withdrawals. Director Miller made a motion, seconded by Director Hawkins, to approve Item Nos. 7.3., 7.4., and 7.5. Motion carried 5-0. 7.3. Award of Wellhead Equipping Design of YLWD Well 22 Recommendation: That the Board of Directors authorize execution of a Professional Services Agreement with Webb Associations to provide professional engineering services for Wellhead Equipping of YLWD Well 22 for a fee not to exceed $133,800. Minutes of the YLWD Board of Directors Regular Meeting Held January 23, 2018 at 6:30 p.m. 3 2018-XXX 7.4. Award of Construction Contract for Pressure Regulating Stations (PRS) Rehabilitation Phase 3 Project Recommendation: That the Board of Directors award the construction contract for the PRS Rehabilitation Phase 2 Project to Big Ben, Inc. for $630,585.00, Job No. J2014-11. 7.5. Bid Rejection for Construction Contract for Tract 15199 Waterline Replacement Project Recommendation: That the Board of Directors reject all bids for the Construction Contract for the Tract 15199 Water Line Replacement Project, Job No. J2017-24 and direct staff to re-advertise. 8. ACTION CALENDAR 8.1. Revising Procedures for Administration of Employer-Employee Relations Between the District and Its Recognized Employee Organizations Staff noted a redlined copy of the resolution was included in the agenda packet which identified specific individual’s revisions. Labor Counsel Laura Kalty responded to questions from the Board regarding impasse procedures, shared costs for mediation, and the time period for decertification. Director Hall made a motion, seconded by Director Hawkins, to 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. Motion carried on a Roll Call vote 5-0. 9. DISCUSSION ITEMS Staff reviewed key information contained in the following financial reports. 9.1. Budget to Actual Reports for the Month Ending December 31, 2017 9.2. Cash and Investment Report for Period Ending December 31, 2017 9.3. Evaluation of Board Policies and Procedures Including Incorporation of Annual Self-Assessment (Hall) Director Hall reviewed a sample self-assessment and suggested it be incorporated into the Board’s policies and procedures manual and Minutes of the YLWD Board of Directors Regular Meeting Held January 23, 2018 at 6:30 p.m. 4 2018-XXX performed on an annual basis. He also suggested the Board and management team complete the assessment and discuss the tabulated results at a future meeting. Director Hall then suggested the Board’s policies and procedures manual be reviewed and potentially revised in relation to the following: clarifying when and how direction is provided to the General Manager from the Board; tracking Directors’ time spent with the General Manager and Assistant General Manager; establishing guidelines for Director reports during regular Board meetings; specifying the order of business in regards to Board discussion and public comments related to agenda items; posting and distributing agenda packets for regular meetings earlier in the week; and submitting questions related to agenda items prior to meetings. Following brief discussion, it was determined the Board and management team would complete and submit the assessment to the Board Secretary for tabulation by February 1, 2018. The results from each group will be discussed at the next regular Board meeting. Further discussion regarding potential revisions to the Board’s policies and procedures manual will take place at this same meeting. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. Directors' Reports None. 10.2. General Manager's Report Staff briefed the Board on the status of the Delta tunnels project and federal funding for rural/agricultural water projects. Staff commented on the status of safe keeping services for District investments and warehouse inventory policies and procedures. President Nederhood requested additional detail related to warehouse inventory counts. Each of the managers then reported on activities within their respective departments. Minutes of the YLWD Board of Directors Regular Meeting Held January 23, 2018 at 6:30 p.m. 5 2018-XXX 10.3. General Counsel’s Report None. 10.4. Future Agenda Items and Staff Tasks Vice President Jones requested an item on the next regular meeting agenda to discuss current fees for the District’s Fats, Oils and Grease Permit Program. 11. COMMITTEE REPORTS 11.1. Interagency Committee with MWDOC and OCWD (Nederhood/Jones) Next meeting is scheduled January 25, 2018 at 4:00 p.m. 11.2. Joint Agency Committee with City of Yorba Linda (Nederhood/Jones) Minutes of the meeting held December 18, 2017 at 4:00 p.m. will be provided when available. Next meeting is scheduled March 19, 2018 at 4:00 p.m. at YL City Hall. 11.3. Joint Agency Committee with City of Placentia (Nederhood/Jones) Next meeting yet to be scheduled. 12. INTERGOVERNMENTAL MEETINGS The Directors noted their attendance at the following meetings. 12.1 OC LAFCO – January 10, 2018 (Nederhood – As Needed) 12.2 YL Planning Commission – January 10, 2018 (Hawkins – As Needed) 12.3. YL City Council – January 16, 2018 (Jones) 12.4. MWDOC Board – January 17, 2018 (Nederhood/Jones) 12.5. OCWD Board – January 17, 2018 (Miller/Jones) Minutes of the YLWD Board of Directors Regular Meeting Held January 23, 2018 at 6:30 p.m. 6 2018-XXX 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from January 24 – March 31, 2018 The Board made no changes to the activity calendar. 14. ADJOURNMENT 14.1. The meeting was adjourned at 8:55 p.m. Annie Alexander Board Secretary ITEM NO. 7.2 AGENDA REPORT Meeting Date: February 13, 2018 Subject:Minutes of the Board of Directors Special and Workshop Meetings Held February 1, 2018 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2018-02-01_-_Minutes_-_BOD_(A).doc Minutes Minutes 2018-02-01_-_Minutes_-_BOD_(B).doc Minutes Minutes Minutes of the YLWD Board of Directors Special Meeting Held February 1, 2018 at 3:30 p.m. 1 2018-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Thursday, February 1, 2018, 3:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 3:32 p.m. 2. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Al Nederhood, President Marc Marcantonio, General Manager Brooke Jones, Vice President Brett Barbre, Assistant General Manager Phil Hawkins Annie Alexander, Executive Asst/Board Secretary J. Wayne Miller DIRECTORS ABSENT ALSO PRESENT Andrew J. Hall Andrew Gagen, Partner, Kidman Law LLP 3. PUBLIC COMMENTS None. 4. CLOSED SESSION The meeting was adjourned to Closed Session at 3:32 p.m. All Directors in attendance were present. Also present were General Manager Marc Marcantonio, Assistant General Manager Brett Barbre, and General Counsel Andrew Gagen. 4.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager Minutes of the YLWD Board of Directors Special Meeting Held February 1, 2018 at 3:30 p.m. 2 2018-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) The Board reconvened in Open Session at 4:42 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 was adjourned at 4:43 p.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Special Meeting Held January 23, 2018 at 5:30 p.m. 1 2018-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS WORKSHOP MEETING Thursday, February 1, 2018, 4:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 4:43 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Al Nederhood, President Marc Marcantonio, General Manager Brooke Jones, Vice President Brett Barbre, Assistant General Manager Phil Hawkins Steve Conklin, Engineering Manager J. Wayne Miller John DeCriscio, Operations Manager Gina Knight, HR/Risk and Safety Manager DIRECTORS ABSENT Delia Lugo, Finance Manager Andrew J. Hall Annie Alexander, Executive Asst/Board Secretary Tony Arambarri, Records Mgmt Administrator Kelly McCann, Senior Accountant Kaden Young, Management Analyst ALSO PRESENT Andrew Gagen, Partner, Kidman Law LLP 4. PUBLIC COMMENTS None. HR/Risk and Safety Manager Gina Knight introduced Tony Arambarri, newly hired Records Management Administrator. 5. DISCUSSION ITEMS 5.1. Mid-Year Review of Budget for Fiscal Year 2018 (FY18) Staff presented historical and projected water and sewer revenues and expenses for the previous and current fiscal year. Staff also provided an overview of historical and projected volumetric water revenue, consumption and production volume. Minutes of the YLWD Board of Directors Special Meeting Held January 23, 2018 at 5:30 p.m. 2 2018-XXX Staff then reviewed water production data for the month of January in relation to temperature, rainfall, and evapotranspiration. Also discussed were previous and projected monthly water purchases and delivery costs, projected salary and related expenses, and projected supplies and services expenses for the current fiscal year. Staff then summarized the overall projected expenses for capital improvement projects, projected expenses specifically related to the Fairmont Booster Pump Station Upgrade Project, and budgeted versus projected expenses for other individual capital improvement projects for the current fiscal year. 6. ADJOURNMENT 6.1. The meeting was adjourned at 5:47 p.m. Annie Alexander Board Secretary ITEM NO. 7.3 AGENDA REPORT Meeting Date: February 13, 2018 Budgeted:Yes To:Board of Directors Cost Estimate:$1,356,471.22 Funding Source:All Funds From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Reviewed by Legal:N/A Prepared By:Richard Cabadas, Accounting Assistant I CEQA Compliance:N/A Subject:Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors’ approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $1,356,471.22. DISCUSSION: The items on this disbursement list include: A check of $128,015.45 to ACWA/JPIA for February 2018 medical & dental premiums; a check of $52,049.00 to Best Drilling and Pump, Inc. for Well #1 rehabilitation & Hidden Hills Booster maintenance; a check of $97,680.38 to CalCard US Bank for credit card transactions made in December 2017 & January 2018; a check of $200,161.00 to Orange County Water District for In-lieu water for December 2017; a check of $57,293.98 to Sanders Paving, Inc. for asphalt & concrete repairs at multiple locations; a wire of $10,084.16 to So. California Gas Co. for December 2017 gas charges at multiple locations; a wire of $36,486.66 to So. Cal Edison for December 2017 electricity charges at multiple locations; and a wire of $257,706.00 to CALPERS for FY 18 Actuarial Determined Contribution (ADC). The balance of $225,063.18 is routine invoices. The Accounts Payable check register total is $1,064,539.81 and Payroll No. 02 total is $291,931.41, where a total of listed disbursements for this agenda report is $1,356,471.22. 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: 18-CS_0213.pdf Cap Sheet Backup Material CkReg021318.pdf Check Register Backup Material 18_CC_0213.pdf Credit Card Summary Backup Material Summary of Disbursements February 13, 2018 CHECK NUMBERS & WIRES: Computer Checks 71602—71693 $ 760,262.99 ____________ $ 760,262.99 WIRES: W 011818 So. Cal Gas Co. $ 10,084.16 W011818A So. Cal Edison $ 36,486.66 W011818B CALPERS $ 257,706.00 ____________ $ 304,276.82 TOTAL OF CHECKS & WIRES $1,064,539.81 PAYROLL NO. 02: Direct Deposits $ 183,109.34 Third Party Checks 6867—6879 $ 22,924.85 Payroll Taxes $ 47,377.08 EFT – CalPERS Payroll #02 $ 38,520.14 $ 291,931.41 TOTAL OF PAYROLLS $291,931.41 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $1,356,471.22 ================================================================== APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF FEBRUARY 13, 2018 ==================================================================. Check No.Date Vendor Name Amount Description 71611 02/13/2018 ACWA/JPIA 128,015.45 MEDICAL & DENTAL PREMIUM - FEBRUARY 2018 71612 02/13/2018 Al Nederhood 177.23 MILEAGE REIMBURSEMENT - JANUARY 2018 71613 02/13/2018 Alternative Hose Inc.99.59 VEHICLE MAINTENANCE - UNIT #197 71614 02/13/2018 American Legal Publishing Corporation 2,851.07 PROF. SERVICES - DISTRICT CODE OF ORDINANCE CODIFICATION 71615 02/13/2018 Aramark 581.04 UNIFORM SERVICE 71628 02/13/2018 ARC 14.44 J14-11 & J17-24 - PW DOC/BID MANAGEMENT 71616 02/13/2018 AT & T - Calnet3 3,309.26 ATT CALNET 3 71617 02/13/2018 BC Traffic Specialist 865.25 SAFETY EQUIPMENT 71618 02/13/2018 Bell Pipe & Supply 22.15 SHOP SUPPLIES 71619 02/13/2018 Best Drilling and Pump, Inc.52,049.00 WELL #1 REHABILITATION & HIDDEN HILLS BOOSTER MAINTENANCE 71620 02/13/2018 BrightView Tree Care Services Inc.1,775.00 LANDSCAPE SERVICE - JANUARY 2018 71610 02/13/2018 BRUCE SPIELBUEHLER/CDY 950.10 CUSTOMER REFUND 71630 02/13/2018 C. Wells Pipeline 137.48 HYDRANT REPAIR PARTS 71622 02/13/2018 CalCard US Bank 97,680.38 CREDIT CARD TRANSACTIONS - DECEMBER 2017 & JANUARY 2018 71621 02/13/2018 Calolympic Safety Co.1,469.82 SAFETY EQUIPMENT W011818B 01/18/2018 CALPERS 257,706.00 ACTUARIAL DETERMINED CONTRIBUTION (ADC) FY18 71623 02/13/2018 Carollo Engineers 10,185.91 J17-15 - PROFESSIONAL SERVICES - DECEMBER 2017 71624 02/13/2018 CDW Government, Inc 1,665.99 IT EQUIPMENT & VOIP SUPPLIES 71625 02/13/2018 Chambers Group Inc.5,661.91 PROFESSIONAL SERVICES - DECEMBER 2017 71626 02/13/2018 City Of Anaheim 38,545.54 RICHFIELD & LA PALMA -ELECTRICITY CHARGES- 12/11-01/09 71627 02/13/2018 Coastline Equipment 1,123.94 VEHICLE MAINTENANCE - UNIT #206 71629 02/13/2018 Culligan of Santa Ana 185.70 PE EQUIPMENT SOFTENER 71633 02/13/2018 Dean Criske Trucking 2,231.50 ROAD MATERIAL 71631 02/13/2018 Dell Marketing L.P.13,797.64 J16-15 - VOIP CONSULTING & CMMS NOTEBOOKS & EQUIPMENT 71632 02/13/2018 Dick's Lock & Safe Inc.86.21 KEY COPIES 71607 02/13/2018 DOUG KENNEDY 125.73 CUSTOMER REFUND 71634 02/13/2018 E. G. Brennan & Co., Inc 210.66 RIBBON REPLACEMENT - LABOR 71603 02/13/2018 EDWARD OSON 842.34 CUSTOMER REFUND 71635 02/13/2018 Eisel Enterprises, Inc.5,102.50 METER, BOX & LIDS 71636 02/13/2018 Enkay Engineering & Equipment Inc 900.00 TRANSITE PIPE DISPOSAL 71637 02/13/2018 Envirozone, LLC 856.86 SEDIMENT BAGS 71638 02/13/2018 Fairway Ford Sales, Inc.148.67 VEHICLE MAINTENANCE - UNIT #202 71639 02/13/2018 Federal Express 22.84 SHIPPING CHARGES 71640 02/13/2018 Fleet Services, Inc 97.83 VEHICLE MAINTENANCE 71641 02/13/2018 Fry's Electronics 1,141.13 IT HARDWARE SUPPLIES & EQUIPMENT 71642 02/13/2018 Fullerton Paint & Flooring 694.36 PAINTING SUPPLIES 71643 02/13/2018 Fusion Concrete Cutting and Demo 330.00 CORE CUT - CAMINO DE BRYANT 71644 02/13/2018 Gates Fiberglass Installers, Inc.6,681.75 BLEACH TANK REFURBISHMENT 71645 02/13/2018 Gexpro 78.39 BUILDING REPAIR PARTS 71646 02/13/2018 Grainger 1,097.07 ELECTRICAL SUPPLIES 71647 02/13/2018 Graybar Electric Co 1,689.35 PLC HARDWARE 71648 02/13/2018 Haaker Equipment Co.1,756.21 VEHICLE MAINTENANCE - UNIT #168 & #215 71649 02/13/2018 Infosend Inc.10,266.60 POSTAGE & PRINTING FEE - CUSTOMER BILLING 71652 02/13/2018 J & S Construction 17,275.00 CONCRETE WORK - MULTIPLE LOCATIONS 71650 02/13/2018 Jackson's Auto Supply - Napa 577.47 VEHICLE MAINTENANCE - UNITS #168, #198 & #211 71605 02/13/2018 JANE LEE 10.67 CUSTOMER REFUND 71604 02/13/2018 JENNIFER PEREZ 34.81 CUSTOMER REFUND 71608 02/13/2018 JIE YAN 170.84 CUSTOMER REFUND 71651 02/13/2018 JM Justus Fence Company 7,992.00 REPAIR ON SOUTH RICHFIELDS GATE 71653 02/13/2018 Kenny Graff 90.00 CERTIFICATE REIMBURSEMENT - D3 71654 02/13/2018 Kimball Midwest 272.45 MECHANIC SHOP SUPPLIES 71655 02/13/2018 Konica Minolta Business 854.48 COPIERS LEASE - C258 & C558 71656 02/13/2018 Lancab, Inc.781.12 REPAIR VOICE LINES 71657 02/13/2018 Lee & Ro, Inc.2,658.50 J10-11B - FAIRMONT BOOSTER PUMP STATION UPGRADE 71658 02/13/2018 Liebert Cassidy Whitmore 18,238.10 LEGAL SERVICES 71659 02/13/2018 Light Bulbs Etc 1,196.67 ELECTRICAL SUPPLIES 71660 02/13/2018 Mc Fadden-Dale Hardware 940.38 HARDWARE SUPPLIES 71609 02/13/2018 MEGHANNE BIRRELL 147.28 CUSTOMER REFUND 71661 02/13/2018 Minuteman Press 465.76 CUSTOMER SERVICE REPORT FORMS 71662 02/13/2018 Mobile Industrial Supply 8.00 WELDING SUPPLIES 71663 02/13/2018 Morton Salt, Inc.2,548.73 COARSE SALT 71664 02/13/2018 Muzak LLC 89.56 CUSTOMER MESSAGE/PHONE SERVICE - JANUARY 2018 71665 02/13/2018 Nickey Kard Lock Inc 4,735.21 FUEL - 01/15/18 - 01/31/18 Yorba Linda Water District Check Register For Checks Dated: 01/24/2018 thru 02/13/2018 71666 02/13/2018 O.C. Driveline 252.96 FAIRMONT #1 MAINTENANCE 71667 02/13/2018 Office Solutions 942.75 OFFICE SUPPLIES & TONER 71668 02/13/2018 Omni Enterprise Inc.2,990.00 JANITORIAL SERVICE - DEC 2017 71669 02/13/2018 Orange Coast Petroleum Equip.1,353.98 VEHICLE MAINTENANCE - UNIT #184 71670 02/13/2018 Orange County Water District 200,161.00 IN-LIEU WATER - DECEMBER 2017 71671 02/13/2018 Orvac Electronics 591.55 J16-15 - VOIP SUPPLIES 71672 02/13/2018 OUR FIRST AID COMPANY 58.99 FIRST AID SUPPLIES 71674 02/13/2018 P.T.I. Sand & Gravel, Inc.337.21 ROAD MATERIAL 71673 02/13/2018 Praxair Distribution 162.02 CYLINDER RENTAL - STATIONARY ENGINE 71677 02/13/2018 Rachel Padilla/Petty Cash 219.88 PETTY CASH - Y011118 & O011718 71676 02/13/2018 S&J Supply Co.865.23 OPERATION WORK MATERIAL 71675 02/13/2018 Sanders Paving, Inc.57,293.98 ASPHALT & CONCRETE REPAIR - MULTIPLE LOCATIONS W011818A 01/18/2018 So. Cal Edison 36,486.66 ELECTRICITY CHARGES AT MULTIPLE LOCATIONS - DECEMBER 2017 W011818 01/18/2018 So. Cal Gas Co.10,084.16 GAS CHARGES AT MULTIPLE LOCATIONS - DECEMBER 2017 71678 02/13/2018 Stantec Consulting Services In 4,339.15 J10-11B - FAIRMONT PS UPGRADE 71679 02/13/2018 Step Saver Inc 1,160.07 COARSE SALT 71680 02/13/2018 Sunstate Equipment Co 1,647.85 BOOM LIFT RENTAL 71681 02/13/2018 Switch Ltd 521.00 DATA HOSTING - COLOCATION 71682 02/13/2018 The Shredders 66.00 ON SITE SHRED SERVICE 71683 02/13/2018 Time Warner Cable 2,768.66 T10MB DEDICATED ACCESS & RICHFIELD BASIC CABLE SERVICE 71684 02/13/2018 Tony Arambarri 192.35 TRAVEL EXPENSE - LASERFICHE CONFERENCE 71685 02/13/2018 United Industries 960.14 BREAKROOM SUPPLIES & PPE EQUIPMENT 71688 02/13/2018 United Water Works, Inc.10,325.90 OPERATION WORK MATERIAL 71686 02/13/2018 UNUM Life Insurance Co. of America 4,262.48 LIFE, AD&D, STD & LTD - FEBRUARY 2018 71687 02/13/2018 USA Blue Book 518.12 TOOL & EQUIPMENT 71689 02/13/2018 Web Cam Pro Shop 2,674.67 NETWORK CAMERAS & MOUNTS 71690 02/13/2018 Westrux International Inc 1,162.22 VEHICLE MAINTENANCE - UNIT #168 71691 02/13/2018 Westside Building Material 123.92 CLEANING/PAINTING SUPPLIES 71606 02/13/2018 YL TICEM 2015 LLC,882.50 CUSTOMER REFUND 71692 02/13/2018 YO Fire 8,220.93 OPERATION WORK MATERIAL 71602 02/13/2018 YORBA LINDA PINES VILLAS 39.43 CUSTOMER REFUND 71693 02/13/2018 Zep Manufacturing 557.13 CLEANING SUPPLIES 1,064,539.81 01-25-2018 PAYROLL #02 - EMPLOYEE DIRECT DEPOSIT 183,109.34 01-25-2018 PAYROLL #02 - PAYROLL TAX PAYMENT 47,377.08 01-25-2018 PAYROLL #02 - CALPERS EFT 38,520.14 6867 1-25-2018 COLONIAL LIFE 107.10 6868 1-25-2018 FLEX ADVANTAGE 2479.09 6869 1-25-2018 LINCOLN FINANCIAL GROUP 6,234.22 6870 1-25-2018 NATIONWIDE RETIREMENT SOLUTIONS 8,649.78 6871 1-25-2018 GARNISHMENT 231.00 6872 1-25-2018 CA STATE DISBURSEMENT UNIT 366.92 6873 1-25-2018 CA STATE DISBURSEMENT UNIT 339.69 6874 1-25-2018 CA STATE DISBURSEMENT UNIT 389.53 6875 1-25-2018 ORANGE COUNTY SHERIFF'S DEPARTMENT 619.45 6876 1-25-2018 AMERICAN HERITAGE LIFE 1,530.01 6877 1-25-2018 MIDLAND LIFE INSURANCE 200.00 6878 1-25-2018 RELIANCE DI 53.38 6879 1-25-2018 AMERITAS 1,724.68 291,931.41 Payroll Checks #02 Vendor Name Amount Description Special District Leadership Foundation 250.00 SDLF District of Distinction - Re-accreditation Amazon.com 218.72 Office supplies Amazon.com 32.99 Supplies for district events NPELRA 350.00 NPELRA membership - Knight & Lim ONLINE Information Services, Inc.308.87 Online Utility Exchange - December 2017 Amazon.com 223.38 Office supplies California Pizza Kitchen 18.18 Travel expense - Laserfiche Empower Conference - Millen, M Islands 34.91 Travel expense - Laserfiche Empower Conference - Millen & Arambarri Motion Industries 207.27 Vehicle maintenance - Unit #168 91 Express Lanes 38.15 Toll violation #224555473 Parking Concepts Inc.7.00 LAFCO meeting - parking ISDOC (Independent Special Dist OC)17.00 ISDOC Registration for Quarterly Lunch - Dir. Jones Long Beach Convention Center 30.00 Travel expense - Laserfiche Empower Conference - Millen, M Residence Inn Marriot 225.38 Travel expense - Laserfiche Empower Conference - Millen, M Hyatt Regency Hotels 223.05 Travel expense - GFOA Long Term Financial Planning - Lugo, D Hyatt Regency Hotels 10.24 Travel expense - GFOA Long Term Financial Planning - Lugo, D Hyatt Regency Hotels 48.48 Travel expense - GFOA Long Term Financial Planning - Lugo, D Sunstate Equipment Co 68.96 Propane refill - forklift Orvac Electronics 196.09 Tools for SCADA Home Depot 13.80 Shop supplies Harrington Industrial 133.61 Camino De Bryant CL2 parts Home Depot 25.13 Hardware supplies Trench Shoring 161.63 Trench equipment top lifting eye Dan Copp Crushing Corp.150.00 Road material disposal City Of Anaheim 73,940.34 Well 21 -Electricity Charges - 12/11/16-12/11/17 Placentia Disposal 605.24 (2) Front Loads - Richfield - November 2017 STEER INN 158.09 Lunch meeting - IT Department - VOIP work - 6 attendees Mobile Industrial Supply 58.19 CO2 refills - CL2 system Harrington Industrial 64.94 Replacements parts - Well 20 Amazon.com 12.80 Cell phone supplies Home Depot 379.09 CL2 replacements parts for Richfield & Hidden Hills Answer One Communication 453.75 Virtual receptionist service - After hours ONLINE Information Services, Inc.633.06 Online collections & Online utility exhcnage - November 2017 Calif Water Environ Assn (CWEA)85.00 CWEA membership renewal - Ostiz Calif Water Environ Assn (CWEA)180.00 CWEA GD1 renewal - Ostiz Amazon.com 22.17 Office supplies City Clerks Association of California 50.00 Registration for Region 10 workshop - Alexander, A Grainger 323.01 HID ballast kid Lands End 146.56 (3) YLWD jackets Liebert Cassidy Whitmore 70.00 LCW webinar - CalPERS Explosion Rate: Your Agency's Action Plan Cal Society-Municipal Finance Officers 110.00 CSMFO membership renewal - McCann, K Placentia Disposal 529.50 (2) Front Loads - Richfield - December 2017 Verizon Wireless 3,626.57 Verizon wireless - 11/21/17 - 12/20/17 Mc Master-Carr Supply Co.364.21 Regulating valve - Well #20 Home Depot 51.33 Shop supplies Ferguson Enterprise Inc 134.55 Building repair parts Harrington Industrial 108.24 CL2 replacement parts Home Depot 26.89 Paint supplies - parking lot stripping United Water Works, Inc.95.90 Water service repair parts Best Value Tire & Wheel 25.00 Flat repair - Unit #E193 Cal Card Credit Card U S Bank Byblos Mediterranean Grill 33.31 Lunch meeting - Khanh & Lugo Swag Off Road 149.95 Tools & equipment Amazon.com 55.43 Cell phone supplies BBQ Galore 4,218.37 District event equipment Zena's Lebanese Cuisine 43.40 Lunch meeting - Alexander & Lugo Orchard Supply Hardware 9.69 Concrete crack sealer United Rentals - Fullerton 266.51 Rental of concrete mixer Progressive Business Publications 295.00 Annual subscription - Supervisor Safety Bulletin Jet Blue 136.60 Travel expense - ACWA water management - Marcantonio Government Finance Officers 85.00 Webinar Training - Building a better budget document, Fin. Staff Government Finance Officers 505.00 Application for Certificate of Achievement for Excellence in Fin. Reporting Home Depot 216.46 (58) Cement bags and lumber Calif Water Environ Assn (CWEA)180.00 CWEA membership renewal - Woller, Z Home Depot 64.47 Epoxyshield - Richfields CL2 DFK Solutions 975.00 Competent fall protection training - (3) attendees Solesbee Auto Crafts Inc.2,498.69 Vehicle repair - Unit #195 Southwest Airlines 317.96 Travel expense - ACWA water management - Barbre, B Allegis Corporation 156.90 (12) adjustable hinges Home Depot 139.95 Hardware & warehouse supplies Dick's Lock & Safe Inc.63.57 (20) lock key replacement Economy Radiator Repair 255.00 Vehicle maintenance - Unit #210 California Pizza Kitchen 37.86 Lunch meeting - Gulk & Alexander Flappy Jacks 50.07 Lunch meeting - President Nederhood, Marcantonio, & Barbre The Toll Roads 6.93 Toll fee - WEROC EOC training Pluralsight.com 1,497.00 Plural sight plus - yearly subscription VMware 174.99 VMWARE workstation 14 PRO - software 97,680.38 ITEM NO. 7.4 AGENDA REPORT Meeting Date: February 13, 2018 Budgeted:N/A To:Board of Directors Funding Source:Developer Funded From:Marc Marcantonio, General Manager Job No:000625 Presented By:Steve Conklin, Engineering Manager Dept:Engineering Reviewed by Legal:Yes Prepared By:Ricardo Hipolito Jr., Engineering Tech II CEQA Compliance:N/A Subject:Declaration of Restrictive Covenants with Stephen Talbert SUMMARY: Staff recently discovered that a residential swimming pool was constructed adjacent to a District easement located at 601 Cooper Drive, in the City of Placentia, and that improvements within that easement are proposed by the property owner. The District's existing 6" water main is centered within that existing easement located along the northwesterly end of property owned by Mr. Talbert. An exhibit depicting the location of the easement and adjacent and encroaching structures is attached for your review. STAFF RECOMMENDATION: That the Board of Directors authorize the President and General Manager to execute the Declaration of Restrictive Covenants with Stephen Talbert. DISCUSSION: Mr. Talbert requested District permission to complete construction of additional pool facilities, including removable filtration equipment within the District's 8-foot-wide easement. The improvements within the easement consist of removable filter system, concrete pavers and landscaping, while retaining existing improvements within the easement including a block wall and 6-foot high wood fence. District Engineering and Operations department staff reviewed the encroachment request, and determined the improvements would have minimal impact on the operations and maintenance of the District's facilities. To further protect the District's interest, staff recommends the execution of the attached Declaration of Restrictive Covenants, subject to approval as to form by General Counsel. Mr. Talbert has acknowledged verbally his willingness to sign the declaration. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors has authorized execution of similar Declaration of Restrictive Covenants with various developers and property owners. ATTACHMENTS: Name:Description:Type: DORC_-_601_Cooper_Drive.docx Agreement Agreement EXHIBIT_-_DoRC_601_Cooper_Drive.pdf Exhibit Exhibit 1 RECORDING REQUESTED BY and when recorded return to: Yorba Linda Water District P.O. Box 309 Yorba Linda, California 92885-0309 This is to certify that this Declaration of Restrictive Covenants is presented for recording under the provisions of Gov. Code Sec. 27383 by the Yorba Linda Water District in performance of an official service thereof. ____________________________________ Marc Marcantonio General Manager Space Above This Line for Recorder’s Use DECLARATION OF RESTRICTIVE COVENANTS (ENCROACHMENT ON DISTRICT EASEMENT) Job No. 000625 THIS DECLARATION OF RESTRICTIVE COVENANTS (“Declaration”) is made this 13th day of February, 2018 by and between YORBA LINDA WATER DISTRICT ("YLWD"), a public agency, created and operating under the authority of Division 12 of the California Water Code, and STEPHEN TALBERT AND JENNIFER GRAY AS JOINT TENANTS (“Owner”), with reference to the following recitals of fact: RECITALS A. The Owner is the legal owner of that certain real property located at 601 Cooper Drive, Placentia, California 92870 ("Subject Property"), which is more particularly described as follows: LOT 6 OF TRACT NO. 7202, IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE SUBDIVISION MAP FILED ON MAY 12, 1972, IN BOOK 298, PAGES 8 AND 9 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. B. YLWD owns an Easement, as identified on the Deed of Easement, recorded on July 11, 1972, in Book 10217, Pages 778 through 779 Official Records of Orange County, California (“Easement”), across a portion of the Subject Property. Within the Easement, YLWD owns and maintains a 6-inch water main pipeline (“District Facilities”). 2 C. The Owner desires to construct a pool with a concrete coping on top, concrete pavers, five foot fence, pool equipment units, and retain the existing six foot wood fence (collectively herein referred to as “Improvements”) within and along the Easement area (hereinafter, “Encroachment”), as illustrated in Exhibit “A,” attached hereto and incorporated by reference herewith. D. YLWD conditionally consents to Encroachment of the Improvements within and along the Easement area as stipulated in this Declaration. The Owner is aware that the Improvements may lead to problems affecting and/or interfering with YLWD’s use of the Easement. E. Although the construction or existence of walls, structures, and other improvements within and along the Easement area may interfere or restrict YLWD’s Easement rights, the Owner wishes to construct and use the Improvements within or along the Easement area. NOW, THEREFORE, incorporating the above recitals, YLWD and Owner declare as follows: 1. Covenant Running with Land. This Declaration constitutes a covenant running with the land as provided by the California Civil Code Section 1468 and shall benefit, burden, and bind the successive owners of the Subject Property and the Easement. 2. Successors and Assigns Bound. Because the Owner wishes to retain the Encroachment, this Declaration obligates the current and future owners of the Subject Property to remedy any future adverse events and to fund any necessary maintenance costs on the Easement and/or Subject Property that may arise in full or in part due to the existence, construction, or damages caused by the Encroachment. 3. Damages to District Facilities. The Owner assumes full responsibility, liability and shall pay for any cost(s) or damage(s) to the District Facilities and appurtenant structures arising from or related to the construction, existence, and/or use of the Improvements. YLWD shall not be responsible for any cost(s) or damage(s) to the District Facilities and appurtenant structures that arise from the Encroachment. 4. Damages to Third Parties. The Owner, its successors or assigns, agrees to indemnify and hold YLWD, its officers, directors, employees, agents, and consultants harmless against any third 3 party claims related to or arising out of the construction, existence, and/or use of the Improvements. 5. Damages to Improvements. The Owner acknowledges that the Improvements may be damaged or demolished to permit reasonable access and work within and under the Easement area. YLWD, its officers, directors, employees, agents, and consultants shall not be responsible for any damage(s) to the Improvements or because of the Improvements which results from YLWD's exercise of rights under the Easement. The Owner, its successors or assigns, waives all known, unknown, and future claims, liabilities, causes of action, and expenses (including, but not limited to, attorneys’ fees) against YLWD, its officers, directors, employees, agents, and consultants for losses and damages to the Improvements and from any obligation to protect, preserve, repair, or replace the Improvements. (INTENTIONALLY BLANK) 4 6. Recording of Agreement. This Declaration shall be recorded in the Office of the Recorder of the County of Orange, California, and shall constitute notice to all successors and assigns of the title to the Subject Property of the rights and obligations set forth herein. Approved as to Form: YORBA LINDA WATER DISTRICT Kidman Law LLP _______________________________ Andrew B. Gagen Al Nederhood General Counsel President Marc Marcantonio General Manager OWNER: Stephen Talbert and Jennifer Gray As Joint Tenants Stephen Talbert Jennifer Gray EXIST. 6' HIGH BLOCK WALL PROPOSED PAVERS w - - -w - - -w - - BY OTHERS — i SITE EX. F.H. PROP. PLANTER _ ` NEWLY CONSTRUCTED 'aa PROP. 5' HIGH FENCE POOL_ _ _ — z i BY OTHERS `P �� I COOPER DRIVE I I - I I >i POOL REMOVABLE — I Z' w I FILTRATION EQUIPMENT ® EXISTING HOUSE i _. EXIST. 6' HIGH z WOOD FENCE I I I..LI I EXIST. LANDSCAPE TO I LOT 6 Sw SNA SNA oN REMAIN ----7--'AVE r I AVE I \\ —r - I 8'WATER EASEMENT \ Q TO YLWD BOOK 10217 U i PAGES 778-779 OROC \ _ DwY z EXIST. 6"WATERLINCmoo? { f W Q , TRA CT NO. 7202 I / / rEX. 6"WATERLINE ! ePs�PNc Lool I � ' / VICINITY MAP I 5' COOPER DRIVE N.T.S. EXIST. SIDE WALK I EXIST. CURB &GUTTER LOCATION MAP PREPARED BY: EXHIBIT „A�� SCALE: N.T.S. YORBA LINDA WATER DISTRICT DECLARATION OF RESTRICTIVE COVENANTS DATE: El 1717 E. MIRALOMA AVENUE FOR 2-13-2018 PLACENTIA, CALIFORNIA 92870 601 COOPER DRIVE, PLACENTIA FILENAME: (714) 701-3100 J-000625 ITEM NO. 7.5 AGENDA REPORT Meeting Date: February 13, 2018 Budgeted:Yes Total Budget:$200,000 To:Board of Directors Cost Estimate:$166,110.90 Funding Source:Sewer Operating Fund From:Marc Marcantonio, General Manager Job No:J2017-37S Presented By:Steve Conklin, Engineering Manager Dept:Engineering Reviewed by Legal:N/A Prepared By:Bryan Hong, Water Quality Engineer CEQA Compliance:Exempt Subject:Award of Construction Contract for 2018 Sewer Main CIPP Rehabilitation Project SUMMARY: On January 31, 2018, bids were received from 4 contractors for the 2018 Sewer Main CIPP Rehabilitation Project. Following review of the bids, staff recommends award to the low- bidder, Insituform Technologies, Inc. for $166,110.90. STAFF RECOMMENDATION: That the Board of Directors award the Construction Contract for the 2018 Sewer Main CIPP Rehabilitation Project to Insituform Technologies, Inc. for $166,110.90, Job No. J2017-37S. DISCUSSION: On December 21, 2017, the District solicited bids for the rehabilitation of 3,113 linear feet of sanitary sewer mains using cured-in-place-pipe (CIPP) technology. The project also includes rehabilitation of sewer manholes and abandonment of sewer pipe. On January 31, 2018, sealed bids were received from 4 contractors, in a highly competitive bidding climate. District staff provided an Engineer's Estimate of $175,000. The 4 bids ranged from a low of $166,110.90 to a high of $310,247.00, as shown in the summary below. No. Contractor Total Bid Amount 1 Insituform Technologies, Inc. $166,110.90 2 Nu-Line Technologies, LLC $258,486.00 The bid tabulation and bid documents from the low-bidder, Insituform Technologies, Inc., were reviewed and confirmed by District staff and found to be responsive and fully in order. Accordingly, staff recommends award to Insituform Technologies, Inc. 3 Sancon Technologies, Inc. $275,558.00 4 Southwest Pipeline and Trenchless Corp. $310,247.00 PRIOR RELEVANT BOARD ACTION(S): On June 27, 2017, the Board of Directors approved the 2018 Sewer Main CIPP Rehabilitation Project as part of the Capital Improvement Plan in the Annual Operating Budget for FY 18 and FY 19. ITEM NO. 7.6 AGENDA REPORT Meeting Date: February 13, 2018 Budgeted:Yes Total Budget:$7,830,005 To:Board of Directors Cost Estimate:$39,105 From:Marc Marcantonio, General Manager Job No:J2010-11B Presented By:Steve Conklin, Engineering Manager Dept:Engineering Reviewed by Legal:N/A Prepared By:Bryan Hong, Water Quality Engineer CEQA Compliance:MND Subject:Amendment No. 3 to Professional Services Agreement (PSA) for Fairmont Booster Pump Station Upgrade Project SUMMARY: Stantec has submitted a proposal for additional fee in order to complete engineering services during construction of the Fairmont Booster Pump Station Upgrade Project. Staff has reviewed their proposal and is recommending for approval. STAFF RECOMMENDATION: That the Board of Directors approve Amendment No. 3 to the PSA with Stantec, in the amount of $39,105, for additional engineering services for the Fairmont Booster Pump Station Upgrade Project, Job No. 2010-11B. COMMITTEE RECOMMENDATION: DISCUSSION: The original proposal by MWH (now Stantec) was prepared in 2013 and their total fee amount was based on 2012 hourly rates. The project was delayed and did not start construction until November 3, 2016. Prior to the start of construction, Stantec was authorized by District staff to invoice according to their adjusted 2017 hourly rates which included a 4% fee escalation over the four-year period from 2013 to 2017. To date, Stantec has $10,668.48 of the authorized budget remaining. Stantec also determined that the original scope of work needs to be amended in order to complete their engineering services during construction. Upon reviewing the current status of the project in construction, Stantec anticipates additional fees are needed for project management, shop drawing review, requests for information (RFI) responses, and record drawing preparation. To accommodate the increased hourly rates and complete their professional engineering services for the remainder of the project, Stantec initially quoted a fee for $67,530; however, District staff negotiated the fee down by 42% to $39,105. The attached proposal letter was reviewed by District staff and determined to be necessary and appropriate for the required work. If approved, the total fee amount will increase from $657,588 to a new total of $696,693. PRIOR RELEVANT BOARD ACTION(S): On July 11, 2013, the Board of Directors authorized execution of a PSA with MWH, in the amount of $549,584 for engineering design, bid support services, and construction phase services for the Fairmont Booster Station Upgrade Project, Job No. 2010-11B. On October 21, 2014, the Board of Directors authorized execution of Amendment No. 1 in the amount of $59,000. On December 23, 2014, the Board of Directors authorized execution of Amendment No. 2 in the amount of $49,004. ATTACHMENTS: Name:Description:Type: Fairmont_Amend_3_Letter.pdf Backup Material Backup Material January 19, 2018 Attention: Mr. Bryan Hong, Water Quality Engineer Yorba Linda Water District 1717 E. Miraloma Ave., Placentia, CA 92870 Reference: Fairmont Pump Station – ESDC Adjustments Dear Mr. Hong, This letter is to amend the original fee proposal for Engineering Services During Construction (ESDC). Using our previously agreed upon rate schedule, the budget for this amendment is $39,105, which also includes MBI’s subconsultant fees. Stantec’s amended work is as follows: Task 1.1 Project Management – Stantec will provide oversight, management, and quality assurance throughout the project and coordinate design team members. Project Manager will maintain a project schedule and quality assurance program throughout the design phase. Invoices, a statement of work performed, and a listing of hours worked will be provided on a monthly basis. Task 5.2 Shop Drawing Review – Stantec will review shop drawings for the project for conformance with the contract documents. Stantec will provide written response to each shop drawing with a recommendation for the contractor’s next course of action. This task is based on a maximum of two hundred twenty (220) shop drawings total at approximately 2 hours of labor per shop drawing. This change order adds a total of seventy (70) shop drawings to the baseline scope of work of one hundred fifty (150) shop drawings. Task 5.3 Requests for Information Responses – Stantec will respond to written requests for information or clarification from the Contractor during construction. This task is based on a maximum of One Hundred Seventy Five (175) requests for information or clarification at approximately 1 hour of labor per shop drawing. This change order adds a total of twenty five (25) requests for information responses to the baseline scope of work of one hundred fifty (150). Task 5.5 Record Drawings – Stantec will prepare record drawings for the project, based solely on the contractor’s red-line construction set. The record drawings will provide the YLWD with the as- built condition of the facilities, and will be submitted to the District on Mylar bearing the stamp “Record Drawing”. This task is based on 75 hours of work to prepare the record drawings. January 19,2018 Mr. Bryan Hong, Water Quality Engineer Page 2 of 3 Reference: Fairmont Pump Station- ESDC Adjustments Regards, Stantec t Chris Mote, PE Venu Kolli; PE Project Engineer Area Manager Phone: (626) 568-6042 Phone: (626) 568-6073 Cell: (626) 201-1034 Cell: (949) 413-9059 Christor)her.Mote@stantec.com Venu.Kolli@stantec.com Attachment: Fee Estimate Amendment Design with community in mind Sta ntec Stantec-Project Engineering and Management Personnel Subconsultants H Contract Hourly Rate 264 264 223 205 188 170 153 147 U � W > K ^ 0 0' ZJH aV SyccaaO dcc Om U m IQF1 O O LL JO O O O Ir.0_ m w o E'a 0- 0OFN ACTIVITY DESCRIPTION IL 0 a`o. a`o- w a vi a a IL w Project Management0 24 0 0 0 24 $ 4,920 $ $ 902 $ 5,822 Project Management 24 24 $ 4,920 $ 902 $ 5,822 Meetings 0 $ $ - .. ........ ........ ....... ...... .............. ............. ..... Engineering Services During 0 0 0 63 0 0 65 0 128 $ 22,860 $ $ 10,423 28 Construction _ Construction Meetings 0 $ $ iSubmittal Review 45 65 110 $ 19,170 $ 5,665 $ 24,835 RFI Responses 0 $ - $ 4,758 $ 4,758 JChange Orders 0 $ - $ - Record Drawings 18 18 $ 3,690 $ 3,690 OTAL 0 0 0 87 0 0 65 0 1 152 1 $ 27,7801 $ Design with community in mind ITEM NO. 7.7 AGENDA REPORT Meeting Date: February 13, 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:Claim for Damages Filed by Colliers International Real Estate Management Services, Inc. SUMMARY: A claim was received by the District on January 9, 2018 for indemnification from a personal injury compliant submitted by Brian Wooldridge arising from a trip and fall accident which occurred as a result of a broken meter cover on November 29, 2015. STAFF RECOMMENDATION: That the Board of Directors reject the claim filed by Colliers International Real Estate Management Services, Inc. and refer it to ACWA-JPIA for further handling. DISCUSSION: On January 9, 2018, the District received a claim filed by Colliers International Real Estate Management Services Inc. stating that they were served with a compliant filed by Brian Wooldridge arising out of his November 29, 2015 trip and fall accident, which allegedly occurred as a result of a defective water meter cover. Colliers International Real Estate Services, Inc., is requesting indemnification, equitable contribution and apportionment of fault for Mr. Wooldridge's alleged damages and cost of defense. Amount unknown at this time. The Claim form is on file and available for review in the office of the General Manager. ITEM NO. 7.8 AGENDA REPORT Meeting Date: February 13, 2018 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Prepared By:Delia Lugo, Finance Manager Subject:Establishing Securities Custody Agreements with US Bank for District Investments STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 18-04 authorizing the establishment of securities custody agreements and other agreements with US Bank for District investments. DISCUSSION: Upon completion the FYE17 audit review process, White Nelson Diehl Evans, LLP, external auditors for the District, presented the Board of Directors the "Independent Auditors' Report on Internal Control' which contained a comment that identified a certain deficiency in internal control. This deficiency pertained to the custodial agreement of the District's investments held at Pershing. As a result, the Board of Directors directed staff to remedy the deficiency. Staff went through the RFP process, which resulted in U S Bank being selected to provide Safekeeping/Custodial Services over the District's investments. To initiate securities custody agreements and other agreements between Yorba Linda Water District and US Bank providing authorization to sell, assign, transfer, convey and/or deliver any and all stocks, bonds, or other securities now or hereafter registered in the name of Yorba Linda Water District, it is required that the Board of Director adopt a resolution. Presented is Resolution No. 18-04 Authorizing The Establishment of Securities Custody Agreements and Other Agreements With US Bank for District Investments. ATTACHMENTS: Name:Description:Type: Resolution_No._18-04_-_Custodial_Services.pdf Resolution Resolution Corporate Resolution "BE IT RESOLVED, that the President,Albert "Al" Nederhood (Name) Vice President,Addison "Brooke" Jones , Treasurer, Delia Lugo (Name)(Name) and Andrew "Marc" Marcantonio, General Manager (Name & Title) , or any one of them acting individually, are hereby authorized to establish and sign agreements with US Bank to establish securities custody agreements and other agreements between Yorba Linda Water District and US Bank and to sell, assign, transfer, convey and/or deliver any and all stocks, bonds, or other securities now or hereafter registered in the name of Yorba Linda Water District.” , Secretary of Yorba Linda Water DistrictI, Annie Alexander (Name)(Name of Corporation) hereby certify that the foregoing is a true and complete copy of a resolution duly adopted by the Board of Directors of the Yorba Linda Water District at a meeting duly held on the 13th day of February , 2018 at which a quorum was present and voting throughout, and that same has not been repealed or amended, and remains in full force and effect and does not conflict with the bylaws of said corporation. I further certify that the following are the signatures of the officers of said Corporation named above and that I am responsible to document any revisions to this authorized officers list as may occur from time-to-time: Albert "Al" Nederhood Addison "Brooke" Jones Delia Lugo Andrew "Marc" Marcantonio (Title) General Manager (Title) Treasurer (Title) Vice President (Title) President Date February 13, 2018 Annie Alexander, Secretary (must be signed by an officer other than the officer endorsing the certificates) (Corporate Seal) Andrew P. Gagen, Esq. Kidman Law LLP RESOLUTION NO. 18-04 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AUTHORIZING THE ESTABLISHMENT OF SECURITIES CUSTODY AGREEMENTS WITH US BANK Reviewed as to form by General Counsel: STATE OF CALIFORNIA ) ) § COUNTY OF ORANGE ) I, ANNIE ALEXANDER, Secretary to the Board of Directors of the Yorba Linda Water District, DO HEREBY CERTIFY that the foregoing Resolution was adopted by the Board of Directors of said District at a regular meeting held on the 13th day of February 2018 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Annie Alexander Secretary to the Board of Directors Yorba Linda Water District ITEM NO. 8.1 AGENDA REPORT Meeting Date: February 13, 2018 Subject:Website Content and Analytics ATTACHMENTS: Name:Description:Type: Presentation_-_Website_Analytics.pdf Backup Material Backup Material Website Analytics from July 2017-February 2018 FY 18 Year-to-Date February 13, 2018 1 Overview •Website Redesign •Web Analytic Terminology •Overview of YTD •Top Visited Pages •Analysis •New Direction 2 Last Website Redesign Spring 2015 •Update the website from static to a responsive template to fit mobile devices •Modules to address important interests from the community (i.e. transparency, drought information) •Improvement of flow for customers 3 Yorba Linda Water District Website Web Analytics Terminology •Page View –an instance of a page being loaded •Sessions –the # of times visitors are actively engaged •Pages/Session –the avg. # of pages viewed during a session •Session Duration –the avg. time of each visitor’s session (longer sessions shows engagement) •Bounce Rate –the percent of visits that are single- page only •New Sessions –an average of new visitors 4 Overview of Web Analytics (July 2017 –Current) •Page View –69,910 •Sessions –39,267 •Pages/Session –1.78 •Session Duration –1:10 minutes •Bounce Rate –69.62% •New Sessions –55% 5 6 Top 10 Visited Page July 2017 -Now Web Page Page View Main Page 35,900 Bill Payment Options 6,062 About Your Water Bill 2,157 Human Resources 1,585 Contact Us 1,561 Customer Service 1,087 Water Service 981 Starting/Ending Service 884 Transparency 746 New Residential Accounts 705 Total 51,668 7 Behavioral Flow Bill Payment Options 38% About Your Water Bill 14% Human Resources 10% Contact Us 10% Customer Service 7% Your Water Service 6% Continious Service Agreement 6% Transparency 5% New Residential Account 4% Top 9 Visited Page 1.Customer Service 2.Human Resources 3.Administration 8 Top 3 Departments Bill Payment Options 38% About Your Water Bill 14% Human Resources 10% Contact Us 10% Customer Service 7% Your Water Service 6% Continious Service Agreement 6% Transparency 5% New Residential Account 4% Top 9 Visited Page Devices •Desktop –28,399 (72.32%) •Mobile –8,102 (20.63%) •Tablet –2,766 (7.04%) 9 •Transparency •Drought information •Finance 10 District Narrative New Direction: Education Tools for Success •Creating engaging content that educates customers about YLWD (a) Gain support from community (b) Illustrate transparency (c)Increase readership on website and other platforms (d)Demonstrate value to YLWD 11 New Direction: Education Water Infrastructure •Introduction to the types of service is provided by YLWD •Update on Capital Improvement Projects •Infographics to illustrate processes 12 New Direction: Education Conservation Tips •Tips for outdoor landscaping –Plant selection –Irrigation –Watering Schedule •Rebates •Water Policy News 13 Any Questions? 14 ITEM NO. 8.4 AGENDA REPORT Meeting Date: February 13, 2018 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Results of Self-Assessment and Continued Evaluation of Board Policies and Procedures (Hall) DISCUSSION: As part of the annual review of the Board of Directors’ policies and procedures, Director Hall has suggested the following topics be addressed: incorporating performance of an annual self-assessment; clarifying when and how direction is provided to the General Manager from the Board; tracking Directors’ requests and questions by general topic and time spent with the General Manager and Assistant General Manager; establishing guidelines for Director reports during regular Board meetings; specifying the order of business in regards to Board discussion and public comments related to agenda items; posting and distributing agenda packets for regular meetings earlier in the week; and submitting questions related to agenda items prior to meetings. ATTACHMENTS: Name:Description:Type: Board_and_Mgmt_Assessment.pdf Backup Material Backup Material BOD_Policies_and_Procedures_Manual.pdf Backup Material Backup Material ASSESSING GOVERNING BOARD EFFECTIVENESS SUMMARY TABULATION BOARD OF DIRECTORS' RESPONSES (5 TOTAL) CATEGORY POINTS AVG RANK RANK DESCRIPTION CATEGORY A A Supportive Framework 28 5.60 4 Conflict Management Process B Conflict Management Process 20 4.00 1 1-2 Very Effective Community Rapport C Teamwork 24 4.80 3 Teamwork D Roles 34 6.80 6 3-4 Somewhat Effective A Supportive Framework E Community Rapport 23 4.60 2 Productivity F Staff Relationships 36 7.20 8 5-6 Somewhat Ineffective Chairperson Leadership G Clear Sense of Purpose 41 8.20 9 Roles H Chairperson Leadership 34 6.80 6 Staff Relationships Productivity 31 6.20 5 7-9 Very Ineffective Clear Sense of Purpose TOTAL 271 6.02 MANAGEMENT TEAM'S RESPONSES (7 TOTAL) CATEGORY POINTS AVG RANK RANK DESCRIPTION CATEGORY A A Supportive Framework 15 2.14 2 Community Rapport B Conflict Management Process 19 2.71 3 1-2 Very Effective A Supportive Framework C Teamwork 26 3.71 5 Conflict Management Process D Roles 39 5.57 7 3-4 Somewhat Effective Staff Relationships E Community Rapport 14 2.00 1 Teamwork F Staff Relationships 23 3.29 4 5-6 Somewhat Ineffective Productivity G Clear Sense of Purpose 40 5.71 8 Roles H Chairperson Leadership 42 6.00 9 7-9 Very Ineffective Clear Sense of Purpose Productivity 31 4.43 6 Chairperson Leadership TOTAL 249 3.95 Survey Conducted February 2018 ASSESSING GOVERNING BOARD EFFECTIVENESS RANK AND AVERAGE COMPARISON RANK COMPARISON NOTE: Respondents consisted of 5 directors and 7 managers. CATEGORY BOD MGMT I LEGEND RANK I RANK A A Supportive Framework 4 2 I RANK DESCRIPTION B Conflict Management Process 1 3 1-2 Very Effective C Teamwork 3 5 D Roles 6 7 3-4 Somewhat Effective E Community Rapport 2 1 F Staff Relationships 8 4 5-6 Somewhat Ineffective G Clear Sense of Purpose g 8 H Chairperson Leadership 6 9 7-9 Very Ineffective Productivity 5 6 AVERAGE COMPARISON CATEGORY I AVOG I AVG T A A Supportive Framework 5.60 2.14 B Conflict Management Process 4.00 2.71 C Teamwork 4.80 3.71 D Roles 6.80 5.57 E Community Rapport 4.60 2.00 F Staff Relationships 7.20 3.29 G Clear Sense of Purpose 8.20 5.71 H Chairperson Leadership 6.80 6.00 1 Productivity 6.20 4.43 OVERALL AVERAGE 6.02 3.95 Survey Conducted February 2018 ASSESSING GOVERNING BOARD EFFECTIVENESS DETAILED TABULATION POINT ALLOCATION NOTE:Respondents consisted of 5 directors and 7 managers. 0 Statement is very true. POINTS 1 Statement is somewhat true. 2 Statement is somewhat untrue. Board Mgmt Board Mgmt Board Mgmt 3 Statement is very untrue. Total Total Avg Avg Median Median 1. Board meetings start on time. 1 1 0.2 0.14 0 0 Y 3 10. There is agreement on who is ultimately responsible for putting items on and/or removing them 6 6 1.2 0.86 1 1 E from the agenda. R LL 19. The board does not spend too much time modifying or correcting the minutes at meetings. 3 0 0.6 0.00 0 0 d 0 28. Operating rules and procedures are known by all board members. 7 7 1.4 1.00 2 1 a CL y 37. The agenda packet is"user friendly". 6 0 1.2 0.00 1 0 Q 46. Staff provides all the significant alternatives in their staff reports. 5 1 1 0.14 1 0 2. All board members feel free to express their opinions. 4 2 0.8 0.29 0 0 v 0 E 11. Members feel free to critique each others positions on issues. 3 3 0.6 0.43 0 0 C E 20. Civilized disagreement is a board strength. 4 2 0.8 0.29 0 0 d c 29. 'Baggage"from one argument is not carried to the next. 3 4 0.6 0.57 0 1 R 38. Decisions are usually made only after each members has had his/her say. 3 4 0.6 0.57 0 0 w ° p 9 U 47. Members know how to keep conflict from becoming destructive. 3 4 0.6 0.57 0 0 3. All members are contributing members of the board team. 3 2 0.6 0.29 0 0 12. The board works well as a team. 4 6 0.8 0.86 1 1 Y 3 21. Team members actively listen to each other. 5 4 1 0.57 0 0 E d 30. While board members may have positions,minds are not made up before meetings. 3 8 0.6 1.14 1 1 r 39. Members are open with each other. 5 5 1 0.71 1 1 48. The board does not operate as an exclusive country club. 4 1 0.8 0.14 0 0 Survey Conducted February 2018 Page 1 of 3 ASSESSING GOVERNING BOARD EFFECTIVENESS DETAILED TABULATION POINT ALLOCATION NOTE:Respondents consisted of 5 directors and 7 managers. 0 Statement is very true. POINTS 1 Statement is somewhat true. 2 Statement is somewhat untrue. Board Mgmt Board Mgmt Board Mgmt 3 Statement is very untrue. Total Total Avg Avg Median Median 4. The elected body does not attempt to micro-manage. 5 14 1 2.00 1 3 13. Our board does not engage in solution'reengineering"at meetings. 5 9 1 1.29 1 1 22. Staff does not get overly involved in policy decisions. 5 2 1 0.29 1 0 0 31. Individual board members do not try to influence personnel decisions. 7 6 1.4 0.86 1 1 40. Board members adequately communicate goals and philosophies to staff. 8 7 1.6 1.00 2 1 49. The board is not complacent about its oversight responsibilities. 4 1 0.8 0.14 0 0 5. While they may not like some of the decisions,people perceive the board as fair. 5 3 1 0.43 1 0 0 14. Board members avoid berating members of the audience;even if provoked. 2 1 0.4 0.14 0 0 a a 23. Meaningful public participation is encouraged. 4 1 0.8 0.14 0 0 T .E 32. Board members keep the audience informed of each item,the issue,the background and 5 4 1 0.57 1 1 E possible decisions. E v 41. Members of the audience do not feel intimidated when appearing before the board. 3 2 0.6 0.29 0 0 50. Board members take care to observe the appearance as well as the principle of impartiality. 4 3 0.8 0.43 1 0 6. Staff provides a recommendation on every issue no matter how controversial. 5 2 1 0.29 1 0 LO 15. The board conducts timely and meaningful evaluations of the manager's performance. 8 6 1.6 0.86 2 1 r N 0 24. Staff does not filter the information it passes on to the board. 6 1 1.2 0.14 1 0 33. Staff follows through as promised. 7 0 1.4 0.00 1 0 42. Openness and trust exists between the board and staff. 4 6 0.8 0.86 1 1 U) 51. The board and staff do not surprise each other at meetings. 6 8 1.2 1.14 1 1 Survey Conducted February 2018 Page 2 of 3 ASSESSING GOVERNING BOARD EFFECTIVENESS DETAILED TABULATION POINT ALLOCATION NOTE:Respondents consisted of 5 directors and 7 managers. 0 Statement is very true. POINTS 1 Statement is somewhat true. 2 Statement is somewhat untrue. Board Mgmt Board Mgmt Board Mgmt 3 Statement is very untrue. Total Total Avg Avg Median Median 7. The board has an overall vision for the community. 7 8 1.4 1.14 1 1 d N a 16. The board has developed its own mission or goal statement. 5 4 1 0.57 1 0 a 0 25. Members know what the board's top five g oals are. 9 9 1.8 1.29 2 1 d d 34. Day-to-day decisions are consistent with the board's overall goals. 7 4 1.4 0.57 1 1 N 43. The board develops an annual work program with clear objectives. 9 8 1.8 1.14 2 1 U 52. Our priorities do not change too often. 4 7 0.8 1.00 1 1 a 8. The chair keeps audience members informed of board issues and actions. 6 5 1.2 0.71 1 1 •s d 17. The chairperson prevents dominating board members from having a disproportionate influence. 7 10 1.4 1.43 1 1 m 26. The chairperson protects board members from audience or colleague attacks. 5 10 1 1.43 1 1 J C w35. The chairperson prevents premature rejection of new thoughts without a fair evaluation. 5 5 1 0.71 1 1 m a 44. The chairperson does not unfairly use the powers of the position to win a point or argument. 4 2 0.8 0.29 0 0 t U 53. In our meetings,the discussion rarely drifts off the subject. 7 10 1.4 1.43 1 1 9. Our board gets things done. 4 2 0.8 0.29 0 0 18. The board does not get stalemated over the process or procedures. 5 10 1 1.43 1 2 .0 27. The board made significant progress on its top goals last year. 4 2 0.8 0.29 0 0 3 0 CL 36. Board members do their homework before meetings. 7 10 1.4 1.43 1 1 45. The board is not reluctant to make an important,yet controversial decision. 4 4 0.8 0.57 0 0 54. The board is adept at identifying and exploiting opportunities. 7 3 1.4 0.43 1 0 TOTAL 271 249 1.00 0.66 1 0 Survey Conducted February 2018 Page 3 of 3 YORBA LINDA WATER DISTRICT Board of Directors Policies and Procedures Manual Amended August 22, 2017 Resolution No. 17-28 2 TABLE OF CONTENTS 1.0 PURPOSE AND SCOPE ........................................................................................................... 3 2.0 MISSION, VISION AND CORE VALUES .................................................................................. 3 3.0 BASIS OF AUTHORITY ............................................................................................................ 4 4.0 DUTIES, RESPONSIBILITIES AND CONDUCT ....................................................................... 4 5.0 COMPOSITION, TERMS AND VACANCY .............................................................................. 11 6.0 OFFICERS ............................................................................................................................... 13 7.0 APPOINTED STAFF AND OTHERS ....................................................................................... 14 8.0 COMMITTEES ......................................................................................................................... 16 9.0 DIRECTORS’ COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT .............. 16 10.0 BOARD MEETINGS, GENERAL ............................................................................................. 22 11.0 BOARD MEETINGS, AGENDAS............................................................................................. 23 12.0 BOARD MEETINGS, MINUTES .............................................................................................. 28 13.0 BOARD MEETINGS, CONDUCT............................................................................................. 28 14.0 BOARD ACTIONS AND DECISIONS ...................................................................................... 30 15.0 EXHIBITS AND APPENDIXES ................................................................................................ 31 3 PURPOSE AND SCOPE 1.1 The purpose of this manual is to provide a compilation of policies and procedures approved by the Board to facilitate the proper conduct of District business. Each Director shall be provided with a copy of this manual, acknowledge receipt in writing (see Exhibit A), and affirm their intent to comply with the policies and procedures contained herein. If any portion of this manual is in conflict with federal or state law or regulations that apply to the District, said legislation or regulations shall prevail. MISSION, VISION AND CORE VALUES 1.2 Mission Statement Yorba Linda Water District will provide reliable, high quality water and sewer services to protect public health and the environment with financial integrity and superior customer servicein an environmentally responsible manner, while maintaining an economical cost and unparalleled customer service to our community. 1.3 Vision Yorba Linda Water District will accomplish our mission to improve the quality of life for those we serve by:become the leading, innovative and efficient source for high quality reliable services. A. Embracing Proven Technology B. Improving Customer Satisfaction C. Providing Efficient and Responsive Operations D. Ensuring Reliable Infrastructure 1.4 Core Values The Yorba Linda Water District Board of Directors and staff are guided in everything we do by the following core values: Integrity – We demonstrate integrity every day by practicing the highest ethical standards and by ensuring that our actions follow our words. Accountability – We acknowledge that both the Board and staff of the District are accountable to the public that we serve, as well as to each other. Responsibility - We take full responsibility for our actions – both our successes and our opportunities for growth. We maintain a commitment of courtesy, assessment, and resolution with all customer concerns. Transparency – We promote a culture where we actively listen to our customers and communicate openly about our policies, processes, and plans for the future. Teamwork – Success centers on all departmentsWe working together andby sharing information and resources to achieve common goals. We are dedicated to ensuring that every voice of the District, from the Board to each individual employee is treated with 4 dignity and respect, and that differences are valued and individual abilities and contributions are recognized. Respect – We ensure every voice of the District is treated with dignity and civility; differences are valued and individual abilities and contributions are recognized. BASIS OF AUTHORITY 1.5 The District is a County Water District, organized and existing under the County Water District Law. The Board is the legislative body, and functions as the District’s policymaking body. It can only function as a unit. Apart from their role as a part of this unit, individual Directors have no authority with regard to any aspect of District business. 1.6 As individuals, Directors may not commit the District to any policy, act, or expenditure without prior Board approval nor give direction to the General Manager, staff, contract personnel or consultants without prior Board approval. Directors do not represent any fractional segment or region of the community, but are part of a legislative body that represents and acts for the District as a whole. Since Directors are elected officials, no Director may delegate his/her authority to act as a Director. 2.0 DUTIES, RESPONSIBILITIES AND CONDUCT Duties and Responsibilities 2.1 The Board’s primary responsibility is the formulation and evaluation of District policy. The General Manager is responsible for running the District’s business. Routine matters concerning operational aspects of the District are delegated to professional staff members by the General Manager. Directors are responsible for monitoring District progress in attaining its goals and objectives, while pursuing its mission. The Board establishes goals, objectives, expectations, and measurement criteria for the General Manager’s performance. Board members shall provide policy direction and instructions to the General Manager on matters within the authority of the Board by a majority vote during a duly convened meeting of the Board. 2.2 In order to assist in the governance of the behavior between and among members of the Board, the following practices shall be observed: A. The dignity, style, values and opinions of each Director shall be respected. B. Responsiveness and attentive listening in communication is encouraged. C. The needs of the District’s constituents shall be the priority of the Board of Directors. D. Directors shall commit themselves to emphasizing the positive, avoiding double talk, hidden agendas, gossip, backbiting, and other negative forms of interaction. E. Directors shall commit themselves to focusing on issues and not personalities. The presentation of the opinions of others shall be encouraged. Cliques and voting blocks based on personalities rather than issues shall be avoided. 5 F. Differing viewpoints are healthy in the decision-making process. Individuals have the right to disagree with ideas and opinions, but without being disagreeable. Once the Board takes action, Directors shall commit to supporting said action and not create barriers to the implementation of said action. 2.3 In order to maintain effective working relationships and support the chain of command, the following procedures shall be followed: A. Board members shall address matters within the authority of the General Manager through the General Manager, not directly through District employees. B. Accordingly, individual Directors’ requests for information from staff or contract personnel/consultants shall always be made to the General Manager. C. Responsive materials to Directors’ requests for information shall be distributed by the General Manager or his/her designee, to all Board members at the same time. D. If the General Manger’s response is deemed inadequate, a Director may contact the Board President or raise the issue directly at a Board meeting, where the Board shall determine whether or not the issue warrants attention and if so, schedule it for a future meeting. E. If the General Manager anticipates being unavailable, he/she shall notify the Board in advance and provide a designee contact. F. When the General Manager is unavailable in person or by technological means, Board members, at their discretion, may contact the General Manager’s designee. G. Board members shall refrain from making requests directly to District employees to undertake analysis, perform work assignments or change the priority of work assignments. District employees have been instructed to notify the General Manager of all requests received from a Board member within 48 hours. H. If approached by an employee concerning District policy, Board members shall direct inquiries to the appropriate staff supervisor or General Manager. I. In handling complaints from residents and property owners of the District, said complaints shall be referred directly to the General Manager. J. In handling matters related to public safety, concerns shall be reported to the General Manager or the District office. Emergency situations shall be dealt with immediately by seeking appropriate assistance. K. In seeking clarification for policy-related concerns, especially those involving personnel, legal action, land acquisition and development, finances and programming, said concerns shall be referred directly to the General Manager or legal counsel. 6 2.4 The work of the District is a team effort. All individuals shall work together in the collaborative process, assisting each other in conducting the affairs of the District. A. When responding to constituent requests and concerns, Directors shall be courteous, responding to individuals in a positive manner and routing their questions through appropriate channels. B. Directors shall develop a working relationship with the General Manager wherein current issues, concerns and District projects can be discussed comfortably and openly. C. Directors shall function as a part of the whole. Issues shall be brought to the attention of the Board as a whole, rather than to individual members selectively. 2.5 Directors shall attend all meetings of the Board, including committee, agency, and intergovernmental meetings to which they may be assigned, unless there is good cause for absence, and be properly prepared for participation and deliberation. 2.6 Newly elected or appointed Directors shall participate in a minimum of two hours of harassment prevention training and a minimum of six hours of basic governance training within one year from the first day of service with the District. Thereafter, all Directors shall participate in a minimum of two hours of harassment prevention training every two years and a minimum of six hours of basic governance training every five years. Participation in the Governance Foundation course, offered by the California Special District Association’s Special District Leadership Academy, shall satisfy the basic governance training requirement. 2.7 The Board shall review the policies and procedures contained in this manual on an annual basis or more often as required. Code of Conduct (Ethics Policy) 2.8 It is the policy of the District to require the highest standards of ethics from its Board members. The operation of the District requires that decisions and policy be made within the proper channels of governmental structure, that the public office not be used for personal gain, and that all individuals associated with the District remain impartial and responsible towards the public. Accordingly, it is the policy of the District that Board members shall maintain the highest standard of personal honesty and fairness in carrying out their duties. The following are guidelines for ethical conduct to be followed by the Board: A. Board members are obligated to uphold the Constitution of the United States and the Constitution of the State of California, and to uphold the laws of national, state and local governmental agencies. Board members shall comply with all applicable laws regulating their conduct, including conflicts of interest, financial disclosure and open government laws. It is the responsibility of Board members to conduct themselves both professionally and personally in a manner above reproach and to avoid the appearance of impropriety. 7 B. Board members in the performance of their official duties and responsibilities shall neither harass nor discriminate against any individual on the basis of their protected classification(s), the perception of any individuals protected classification(s), or because the individual associates with a person who has or is perceived to have a protected classification(s). The term “Protected Classification” includes race, religion, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), sexual orientation (including heterosexuality, homosexuality and bisexuality), national origin, ancestry, citizenship status, marital status, age, medical condition, genetic characteristics or information, military or veteran status, and physical or mental disability (whether perceived or actual). No Board member shall grant any unfair or inappropriate consideration, treatment, or advantage to any individual or group beyond that which is available to others or groups with the same circumstances. C. Except where specifically authorized by the General Manager in the public interest, no Board member shall knowingly use or permit the use of District-owned vehicles, equipment, telephones, materials or property, nor require a District employee to perform services for personal convenience or profit. Board members shall safeguard the District’s property, equipment, moneys, and assets against unauthorized use or removal, as well as from loss due to criminal act or breach of trust. D. Board members shall not disclose information that legally qualifies as confidential to unauthorized individuals without approval from a majority vote of the Board and consultation with legal counsel. This includes information that (1) has been received during a Closed Session; (2) is protected from disclosure under the attorney/client or other evidentiary privilege; or (3) is not required to be disclosed under the California Public Records Act (GC § 6250 et seq.). A Board member may make a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury necessary to establish the alleged illegality of a District action. Prior to disclosing confidential information, however, a Board member shall first bring the matter to the attention of either the President or the full Board. E. Board members shall avoid conflicts, or perceived conflicts of interest in connection with District decisions and activities. 1. A Board member shall not have a financial interest in a contract with the District, which includes the purchase or sale of goods and services. The Board shall not authorize any District contract if a Board member is financially interested in the contract. 2. A Board member shall not participate in the discussion, deliberation or vote on a matter before the Board, or attempt to influence a decision of the Board, if the Board member has a financial interest, which is prohibited under California law. If a Board member believes that he/she may be disqualified from participation in the discussion, deliberations or vote on a particular matter due to a financial interest, the following procedures shall be followed: 8 a. If a Board member becomes aware of the potential conflict of interest before a Board meeting at which the matter will be discussed or acted on, the Board member shall notify the General Manager and legal counsel of the potential conflict of interest, so that a determination can be made whether it is a disqualifying conflict of interest. b. If it’s not possible for a Board member to discuss the potential conflict with the General Manager and legal counsel before the meeting, or if the Board member does not become aware of the potential conflict until during the meeting, the Board member shall immediately disclose the potential conflict during the Board meeting (see Exhibit B), so that there can be a determination as to whether it is a disqualifying conflict of interest. c. Upon a determination that there is a disqualifying conflict of interest, the Board member (1) shall not participate in the discussion, deliberation or vote on the matter for which a conflict of interest exists, which shall be so noted in the Board minutes; and (2) leave the room until after the discussion, vote and any other disposition of the matter is concluded (see also Section 13.1 C). 3. A Board member shall not recommend the employment of a relative to the District or to a vendor, contractor or consultant known by the Board member to be bidding or negotiating a contract with the District. F. To avoid non-compliance with the Ralph M. Brown Act (GC § 54950 et seq.), Directors are prohibited from sending and receiving electronically produced messages during meetings. G. For a period of one year after leaving office, former Board members shall not represent any non-governmental entities before the District for compensation. This restriction shall not apply to governmental entities. 2.9 Board members are prohibited from soliciting political funds or contributions at District facilities and prohibited from using the District’s seal, trademark, logo, branding, stationary or other indicia of the District’s identity, in any solicitation for political contributions contrary to State law. A Board member shall not accept, solicit or direct a political contribution from: A. District employees. B. Consultants or contractors used by the District in the past 12 months. C. Individuals, entities, vendors, consultants, sub-consultants, contractors, or sub- contractors which have a personal or financial interest in a contract or other matter while it is pending before the District and for 6 months after the District renders a final decision on that contract or other matter. 9 2.10 The appointment or election of a Board member to a public entity, other than the District, may result in action that is contrary or inconsistent with the interests of the District and could result in loss of the member’s position of the Board. Board members may, with consent of the Board, consult with legal counsel and the Board may authorize a request for an opinion from the Attorney General of the State of California as to the incompatibility of offices. 2.11 No Board member shall receive or agree to receive, directly or indirectly, any compensation, reward, honoraria or gift from any source except for recognition from the District for any action related to the conduct of the District’s business. A Board member shall not accept gifts that exceed the limitations specified in California law. Any and all gifts, campaign contributions, income and financial information shall be disclosed as required under the provisions of the Political Reform Act of 1974 and applicable regulations adopted by the Fair Political Practices Commission. 2.12 Board members and persons elected or appointed, who have not yet assumed office as members of the Board, shall fully comply with the provisions of the Ralph M. Brown Act (GC § 54950 et seq.). 2.13 The General Manager has primary responsibility for (1) ensuring compliance with the District’s personnel policies and procedures; (2) ensuring that District employees do not engage in improper activities; (3) investigating allegations of improper activities; and (4) taking appropriate corrective and disciplinary actions. The Board ensures that the General Manager is operating the District according to the law and the policies approved by the Board. A. Board members shall disclose to the General Manager, to the extent not expressly prohibited by law, improper activities within their knowledge. Board members shall not interfere with the General Manager’s responsibilities in identifying, investigating and correcting improper activities, unless the Board determines the General Manager is not properly carrying out these responsibilities. B. A Board member shall not directly or indirectly use or attempt to use the authority or influence of the position to intimidate, threaten, coerce, command or influence any person for the purpose of preventing such person from acting in good faith to bring to the attention of the General Manager or the Board any information that, if true, will constitute a work-related violation by a Board member or District employee of any law or regulation. This includes, but is not limited to (1) misappropriation or waste of District funds; (2) abuse of authority; (3) creating substantial danger to public health or safety by an act or omission of a District official or employee; (4) use of a District office or position or of District resources for personal gain; or (5) a conflict of interest of a Board member or employee. 2.14 Any new Director must receive ethics training as soon as practical, but not more than one year, from the first day of service with the District. Thereafter, all Directors shall be required to receive ethics training at least once every two years. A Director who serves on more than one local agency board may satisfy this requirement by obtaining ethics training once every two years without regard to the number of local agencies with which he/she serves. The District shall provide information annually on where training is available. All Directors shall provide a copy of proof of participation in the required ethics 10 training to the District. Copies of proofs of participation shall be considered public documents and shall be retained for a minimum of five years (GC § 53235.2(b)). 2.15 Directors are not subject to the District’s Conflict of Interest Codes, but are subject to the disclosure requirements of the Political Reform Act (GC § 87100 et seq., GC § 87203). Directors are required to file a Statement of Economic Interests (Form 700) with the County when assuming office, on an annual basis thereafter, and when leaving office. Filing of these forms shall be performed using the County’s e-file system. 2.16 Directors appointed to other agency’s boards (e.g. OCSD or ACWA-JPIA) shall be required to file Form 700’s in accordance with that respective agency’s Conflict of Interest Codes. 2.17 The following procedures shall be followed when any member of the Board reasonably believes that another member of the Board has engaged in alleged misconduct or has failed to act in the best interests of the District. These procedures shall not be effective in any case in which a non-board member seeks redress for alleged misconduct by a Board member. While the Board has discretion in deciding the actions it may choose to take in response to a complaint, this section provides definitions and procedures related to three types of actions: admonition, sanction and censure. A. Admonition is the least severe form of action. An admonition may typically be directed to all members of the Board, reminding them that a particular type of behavior is not in the best interests of the District, and that, if it occurs or is found to have occurred, could cause a member to be subject to sanction or censure. An admonition may be issued in response to a particular alleged action or actions, although it will not necessarily have to be triggered by a complaint of misconduct. An admonition may be issued by the Board prior to any findings of fact regarding any complaint, and because it is a warning or reminder, will not necessarily require an investigation. B. Sanction is the next most severe form of action. Sanction shall be directed to an individual member of the Board based on a particular action (or set of actions) that is determined to be misconduct but is considered by the Board not to be sufficiently serious to require censure. A sanction may be based upon the Board’s review and consideration of a complaint. A sanction may be issued by the Board, and because it is not punishment or discipline, will not necessarily require an investigation. C. Censure is the most severe form of action. Censure is a formal statement of the Board officially reprimanding one of its members. It is a punitive action, which serves as a penalty imposed for misconduct, but it carries no fine or suspension of the rights of the member as an elected official. It can however, include such actions as the disapproval of expense reimbursement requests, de-authorization of attendance at conferences, seminars and other activities at District expense, removal of the member from Board committee, agency and intergovernmental meeting assignments, and other such remedies as may be deemed appropriate by the Board. Censure shall only be used for cases in which the Board determines that the misconduct is a serious offense. In order to protect the overriding principle of freedom of speech, the Board shall not impose censure on any of its members for the exercise of his/her First Amendment rights, no matter how distasteful the 11 expression was to the Board or the District. However, nothing herein shall be construed to prohibit the Board from collectively condemning and expressing their strong disapprobation of such remarks. Before the imposition of a censure, the Director accused of a violation shall be entitled to written notice of the allegation, the right to provide a written response to the allegation, and an opportunity to respond in writing as to the results of an investigation. 2.18 All complaints shall be submitted in writing to the General Manager and/or the District’s legal counsel for review and determination as to whether there is sufficient basis for further action. Complaints that specifically seek admonition, sanction or censure as a specific remedy shall be treated as a request for that remedy. Once a complaint has been filed, the General Manager, in conjunction with legal counsel, shall bring the matter before the Board. The Director named in a complaint shall be given an opportunity to respond to the complaint in writing. If the Board determines, in consultation with legal counsel, that an investigation is warranted, the Board shall initiate an investigation by the appropriate investigator, entity or authority, as determined in the reasonable discretion of the Board. In the event of such an investigation, a report of the findings of said investigation, along with the accused Director’s written response to the report, shall be presented to the board for majority action. If there is no merit, the matter shall be disposed of with no further action. When the Board decides, based upon findings and the accused Director’s defense, that a violation has occurred, it may choose to impose one of the above listed internal remedies. Any action taken by the Board to impose a sanction or censure, shall be taken by way of written resolution. 2.19 At any point during any of these processes, the Board may refer the matter, as appropriate, to the Orange County District Attorney or other proper authorities for possible investigation, enforcement or prosecution. Prior to or following such referral, the Board may also proceed with any of the actions described in this section. COMPOSITION, TERMS AND VACANCY 2.20 The District shall have a Board of five Directors each of whom, whether elected or appointed, shall be a voter of the District (WC § 30500). 2.21 The term of office of each Director, other than Directors appointed to fill an unexpired term, shall be four years (WC § 30502). Terms of office are staggered, with elections held in November of every even numbered year. 2.22 Elections are held at large, which means that all voters throughout the District have the opportunity to vote for any person seeking election. 2.23 Before entering upon the duties of his/her office, each Director shall take and subscribe the official oath and file it with the Secretary. The oath of office may be taken before the Secretary, any member of the Board, or any officer authorized by law to administer oaths (WC § 30509-30510). 2.24 Each Director elected or appointed shall hold office until his/her successor qualifies (WC § 30506). 12 2.25 If a person elected fails to qualify, the office shall be filled as if there were a vacancy in the office (WC § 30503). 2.26 From time to time a vacancy may occur on the Board for a variety of reasons. An office becomes vacant on any of the following events before the expiration of a Director’s term (GC § 1770 et seq.): A. Death of an incumbent; B. A court’s declaration that the incumbent is physically or mentally incapacitated; C. Resignation; D. Removal from office; E. Ceasing to be an inhabitant of the District; F. Absence from the state beyond periods allowed by law; G. Ceasing to discharge the duties of the office for three consecutive months; H. Conviction of a felony; I. Refusal or neglect to file required oath of office; J. Declaration by a competent tribunal that election or appointment is void; or K. Commitment to a hospital or sanitarium by a court of competent jurisdiction. 2.27 All vacancies occurring in the office of Director shall be filled pursuant to Section 1780 of the Government Code (WC § 30504). The District shall notify the county elections official of the vacancy no later than 15 days after the Board is notified of the vacancy or the effective date of the vacancy, whichever is later. A. The remaining members of a five person board may fill a vacancy by appointment. The appointee shall hold office until the District general election 130 days or more after the effective date of the vacancy. Appointments shall be made within 60 days after the effective date of the vacancy. Notice of the vacancy shall be posted in three or more conspicuous places within the District and published in a newspaper of general circulation at least 15 days prior to an appointment. The remaining members may call an election to fill the vacancy within 60 days of the vacancy, in lieu of an appointment, on the next available election date provided by Chapter 1 of Division 1 of the Election Code that is 130 days or more after the vacancy. B. If the vacancy is not filled or an election called within 60 days of the vacancy, the County Board of Supervisors may fill the vacancy within 90 days of the vacancy or order the District to call an election to fill the vacancy. 13 C. If neither (A) or (B) has occurred within 90 days, the District shall call an election to be held on the next available election date provided by Chapter 1 of Division 1 of the Election Code that is 130 days or more after the vacancy occurs. D. If the remaining Board falls below a quorum, the Board of Supervisors may waive the 60 day period provided in (A) and appoint immediately, or may call an election to fill the vacancy under Chapter 1 of the Election Code. The Board of Supervisors shall only fill enough vacancies to provide a quorum. E. Appointees shall hold office until the next District general election. Electees shall hold office for the unexpired balance of the term of office. 2.28 If a Director’s place of residence is moved outside District boundaries, and if within 180 days of the move the Director fails to reestablish a place of residence within the District, it shall be presumed that a permanent change of residence has occurred and that a vacancy exists on the Board (GC § 1770 and WC § 30508). OFFICERS 2.29 President and Vice President A. A President and Vice President of the Board shall be elected annually at the District’s reorganization meeting held at the first regular meeting of the Board in December of each year. The President shall assume the chair of the Presiding Officer immediately after election. B. The President shall make committee, agency, and intergovernmental meeting assignments, subject to consent of the Board, annually by the first meeting of the Board of Directors to be held in January of the subsequent year. C. If the President is absent from a meeting of the Board, the Vice President shall serve as the Presiding Officer. If both the President and Vice President are absent, the Secretary shall take the chair so that the Directors present may elect a Presiding Officer. Upon late arrival of the President or Vice President at the meeting, the chair shall be relinquished at the first opportunity not disruptive to the conduct of business. D. In the event the President becomes incapacitated or is otherwise unable to act in his/her official capacity, as determined by a majority vote of the Board, the Vice President shall serve until the incapacity is cured or relieved. In the event the Vice President becomes incapacitated or is otherwise unable to act in his/her official capacity, as determined by a majority vote of the Board, an interim Vice President shall be elected at the District’s next regular meeting of the Board to serve until the incapacity is cured or relieved. E. The Presiding Officer, established pursuant to these policies, shall conduct the proceedings of the Board. 14 F. The Presiding Officer shall sign all ordinances, resolutions and contract documents approved and adopted by the Board. G. The President and Vice President of the Board shall serve as the President and Vice President of the Public Financing Corporation. The Officers of the Corporation shall be updated annually at the District’s reorganization meeting held at the first regular meeting of the Board in December of each year. H. Individuals serving as President or Vice President of the Board and the Corporation may be removed from office by a majority vote of the Board. APPOINTED STAFF AND OTHERS Appointed Staff, as defined in this section, shall mean the General Manager, Board Secretary, Assistant Board Secretary and Treasurer, who are appointed by the Board. 2.30 General Manager, Secretary, Assistant Secretary and Treasurer A. A General Manager shall be appointed by a majority vote of the Board and serve at the pleasure of the Board. The General Manager shall perform all duties set forth in County Water District Law (WC § 30000 et seq.), set forth in these policies, set forth in the General Manager’s contract with the District, imposed by the Board, and in accordance with governing laws and regulations. In summary, the General Manager shall: (1) have full charge and control of the maintenance, operation, and construction of the water works or water works system of the District; (2) have full power and authority to employ and discharge all employees and assistants at pleasure; (3) prescribe the duties of employees and assistants; (4) fix and alter the compensation of employees and assistants subject to budget limitations as approved by the Board; (5) perform other duties imposed by the Board; and (6) report to the Board in accordance with the rules and regulations as adopted by the Board (WC § 30580-30581). B. A Secretary and Assistant Secretary shall be appointed by a majority vote of the Board and serve at the pleasure of the Board. The Secretary, or the Assistant Secretary in the absence of the Secretary, shall attest all ordinances and resolutions approved and adopted by the Board, countersign all contract documents approved and adopted by the Board, prepare the minutes of each meeting held by the Board, and perform all duties set forth in the County Water District Law (WC § 30000 et seq.), set forth in these policies, imposed by the Board, and in accordance with governing laws and regulations. C. A Treasurer shall be appointed by a majority vote of the Board and serve at the pleasure of the Board. The Treasurer shall perform all duties set forth in the County Water District Law (WC § 3000 et seq.), set forth in these policies, imposed by the Board, and in accordance with governing laws and regulations. The Treasurer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the District (WC § 30582). D. A member of the Board shall not serve as the General Manager, Secretary, Assistant Secretary or Treasurer. The same person may be appointed as General 15 Manager and Secretary or Secretary and Treasurer. There shall be no additional compensation for also serving as Secretary, Assistant Secretary or Treasurer if the individual so serving is an employee of the District. E. The Secretary, Assistant Secretary, and Treasurer of the District shall serve as the Secretary, Assistant Secretary, and Treasurer of the Public Financing Corporation. Appointed staff of the Corporation shall be updated annually at the District’s reorganization meeting held at the first regular meeting of the Board in December of each year. F. The General Manager, Secretary, Assistant Secretary, Treasurer, and other employees or assistants of the District, as required by the Board, shall each give a bond to the District conditioned for the faithful performance of his/her duties as the Board may provide (WC § 30545). Payment for the provision of these bonds shall be provided by the District. G. Individuals serving as General Manager, Secretary, Assistant Secretary, or Treasurer of the Board and the Corporation may be removed from their appointments by a majority vote of the Board. 2.31 District Legal and Labor Counsel A. The District’s Legal and Labor Counsel are law firms that are appointed by and report to the Board of Directors. 1. Legal Counsel shall serve as the attorney for the District and its Board in all legal matters pertaining to the operation, maintenance, and other related business of the District. Legal Counsel shall perform such duties as the Board or General Manager may request, and shall (1) review all Board actions to insure legality and acceptability under law; (2) prepare or review legal documents and provide legal counsel, as required by the Board or General Manager; and (3) attend and/or participate in Board meetings and other meetings as directed by the Board or the General Manager. 2. Labor Counsel shall serve as the attorney for the District and its Board in all legal matters pertaining to public sector law, employment law, and other related business of the District. Labor Counsel shall perform such duties as the Board or General Manager may request, and shall (1) review all employment related matters to insure legality and acceptability under law; (2) prepare or review employment and labor related documents and provide legal counsel, as required by the Board or General Manager and (3) attend and/or participate in Board meetings and other meetings as directed by the Board or the General Manager. 2.32 District Auditor A. The District’s Auditor is a certified audit firm that is appointed by and reports to the Board, and that conducts the District’s annual audit and prepares the District’s annual audit report. The District’s auditor shall be rotated on a periodic basis. Contracts for independent auditing services shall be awarded for an initial period 16 of three years, with the option of extending up to two subsequent years (for a maximum total of five), unless otherwise determined by the Board. 2.33 Consultants A. The Board may from time-to-time select, retain, compensate, define the scope and efforts of, and dismiss consultants to support or provide information to the Board in developing policy level decisions or in implementing Board actions. In doing so, the Board shall delegate to the General Manager the responsibility for day-to-day direction of the work of the consultant. COMMITTEES 2.34 From time to time, the Board may establish committees, whether standing or ad hoc, to assist with the performance of its duties and policy advice. In keeping with the Board’s broader focus, committees shall not direct the implementation of District programs and projects. Committees shall assist the Board by preparing policy alternatives and implications for Board consideration. Committees shall not act on the Board’s behalf unless authorized by a majority vote of the Board. Said authorization shall not conflict with the duties assigned to the General Manager. In order to preserve the organizational structure and support the chain of command, committees shall not exercise authority over staff or staff operations. 2.35 The purpose of each established committee shall be reviewed by the Board on an annual basis, prior to making Director assignments, in order to determine their continuing relevance. 2.36 The Board previously adopted the Fair Political Practices Commission’s (FPPC) Form 806 as the District’s official form for reporting public official appointments and has directed staff to post a completed form on the District’s website in accordance with the requirements set forth in FPPC Regulation 18705.5. 3.0 DIRECTORS’ COMPENSATION, BENEFITS AND EXPENSE REIMBURSEMENT Directors’ Compensation 3.1 As of January 23, 2003, compensation for members of the Board shall be $150 per day for each day’s attendance at meetings of the Board and other meetings attended at the request of the Board (GC § 53232.1, WC § 20201, Ord. 03-01), including reasonable and necessary travel time (see Appendix 1). Compensation for any type of service shall not exceed ten days in any calendar month (WC § 20202, Ord. 03-01). 3.2 Director attendance at events sponsored by the following organizations shall be preauthorized in consideration of the current budget: A. Association of California Water Agencies (ACWA) B. Association of California Water Agencies – Joint Powers Insurance Authority (ACWA-JPIA) C. American Water Works Association (AWWA) D. California-Nevada Section of American Water Works Association (CA-NV AWWA) 17 E. California Association of Sanitation Agencies (CASA) F. City, County and State Governmental Agencies (Including meetings with elected/appointed officials and staff.) G. Colorado River Water Users Association (CRWUA) H. California Special Districts Association (CSDA) I. Independent Special Districts of Orange County (ISDOC) J. Orange County Local Agency Formation Commission (OC LAFCO) K. Municipal Water District of Orange County (MWDOC) L. Metropolitan Water District of Southern California (MWD or MET) M. Orange County Sanitation District (OCSD) N. Orange County Water Association (OCWA) O. Orange County Water District (OCWD) P. Special District Leadership Foundation (SDLF) Q. Urban Water Institute (UWI) R. Water Advisory Committee of Orange County (WACO) 3.3 Director attendance at events sponsored by any other organization than those listed above requires preapproval or ratification by a majority vote of the Board in order to be considered as an activity for the purposes of compensation. 3.23.4 Directors shall complete an Activity Report and Compensation Form (see Exhibit C) on a monthly basis. Directors have until the 15th day of the following month to file said reports with the General Manager or his/her designee. If an activity report is not returned by this deadline, no compensation shall be paid to the Director for that reporting period. 3.33.5 All activity reports shall be reviewed and approved by the President or the Vice President. 3.43.6 Increases in compensation are limited to five percent for each calendar year following the operative date of the last adjustment (Ord. 03-01, WC § 20202). The Board shall consider its compensation rate following the reorganization meeting held at the first regular meeting of the Board in December of each year. If the Board recommends an increase in the amount of compensation, an Ordinance shall be considered and adopted by the Board according to the following procedures: A. A public hearing shall be held prior to adoption of the Ordinance (WC § 20203). B. Notice of the hearing shall be published in a newspaper of general circulation once a week for two successive weeks prior to the public hearing (GC § 6066). C. The Ordinance shall become effective 60 days from the date of its final passage (WC § 20204). 3.53.7 The District does not provide any of its Directors with loans. Benefits 3.63.8 Directors and their eligible dependents may participate in the health benefits plans provided by the District, including medical, dental and vision plans. The District shall pay the premium amount for Directors and 2/3 of the premium amount for eligible dependents. Directors are responsible for paying the balance of the premium amount for eligible 18 dependents. Health benefits provided to Directors shall not be greater than the most generous plan being offered to any group of District employees. A Director is also eligible for District-provided post-service health benefits if the following conditions are satisfied: the Director’s term began before January 1, 1995 and continued uninterrupted until on or after May 27, 2010; and the Director began receiving health benefits from the District before January 1, 1994. The rate of accrual for post-service health benefits is one year of benefits for each three years of service to the District as a Director. In addition to the terms and conditions provided herein, any terms or conditions set forth in the personnel rules of the District that are applicable to retiree health benefits shall also apply to post- service health benefits for Directors, except those conditions relating to good standing and adequate notice of retirement. Directors are also eligible for District-provided Group Life insurance and Accidental Death and Dismemberment insurance in amounts up to $10,000 each. Additionally, Directors may elect to participate in the District’s deferred compensation plan. Enrollment in any of the above benefits plans is subject to the rules and restrictions of the plans. Travel Expense Reimbursement 3.73.9 Directors are encouraged to attend conferences, conventions, meetings, symposiums, intergovernmental meetings and legislative sessions relating to the mission of the District. Directors shall receive reimbursement or payment of expenses, according to District rules, incurred in the performance of their duties as required or authorized by the Board (GC § 53232.2, Ord. 03-01). Attendance at an event must be preapproved or ratified 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. Directors’ rates for reimbursement and payment of travel expenses shall not be greater than rates specified for District employees. 3.83.10 Directors shall be reimbursed for actual costs to attend activities, not to exceed: Flight: $350 Per Round Trip (Most Economical Class) Car Rental: $50 Per Day (Economy to Standard Size Vehicle) Lodging: $275 Per Night Meals: $75 Per Day Actual and Necessary Expenses: $30 Per Day 3.93.11 Expenditures for lodging, meals, and transportation shall provide for reasonable and necessary comfort and convenience. Directors shall be mindful that public funds are being spent and that only a reasonable and necessary level of expense is warranted. 3.103.12 When available, Directors must use coach class for commercial travel and group/government rates for lodging. If the group/government rate is not available, the reimbursement cannot be more than the amount set forth above. In the event a more expensive class of transportation is used, the reimbursable amount shall be limited to the cost of the most economical class of transportation available as identified above. 3.113.13 If an expense does not fall within the reimbursement rates identified in Section 9.12, it must be preapproved or ratified by a majority vote of the Board in a public meeting (GC § 53232.2(f)). 19 3.123.14 Meal expenses include the reasonable and necessary costs of meals and beverages, not including alcoholic beverages. Meal expenses shall be reimbursed on a daily basis not to exceed $75 per day. Meal expenses for partial days shall be reimbursed on a meal by meal basis as follows: $15 for breakfast, $25 for lunch, and $35 for dinner. Any amount spent over the daily or partial day reimbursable amounts set forth in this section may not be deducted from another day’s reimbursable amount during that same activity. Additionally, any amounts not spent over the daily or partial day reimbursable amounts set forth above may not be added to another day’s reimbursable amount during that same activity. No reimbursement shall be provided for alternative meals when the District has paid for the cost of the activity including any incorporated meals. Attendance at receptions before dinner shall not be considered a meal. 3.133.15 Eligible reimbursable amounts as identified above, do not include the cost of taxes or gratuities. 3.143.16 Actual and necessary expenses include tips for porters, baggage carriers, bell hops, and housekeepers. This does not include the cost of laundry, cleaning or pressing of clothes, or telephone calls. 3.153.17 For travel by personal vehicle, mileage shall be reimbursed at the IRS rate in effect at the time of travel. Personally owned vehicles used in the conduct of District business must be insured for property and liability damage in an amount not less than the minimum limits required by the California Financial Responsibility Act. In no case shall the amount paid for mileage reimbursement for use of a personally owned vehicle used for travel in lieu of air travel exceed the cost of coach class or equivalent airfare. 3.163.18 The District shall not incur any costs for a spouse, or other accompanying person. 3.173.19 In order to obtain reimbursement tor qualified expenses, the following procedures must be followed: A. Directors shall submit a completed Travel Expense Reimbursement Form (see Exhibit D) for conference, convention or symposium attendance, together with all original itemized receipts and corresponding route maps, within 30 calendar days of when the expense was incurred (GC § 53232.3). B. Directors shall also submit a completed Meeting and Mileage Expense Reimbursement Form (see Exhibit E) for local meeting attendance, together with all original itemized receipts and corresponding route maps, within 30 calendar days following the end of each month. C. If the Director does not file an expense report within the above listed deadlines, the District will not reimburse mileage or out-of-pocket expenses. D. For any activity that the District prepays expenses, the Director is still required to file an expense report to ensure that any expenses prepaid by the District are properly accounted for. Staff shall assist Directors with these reports as needed. To enforce the timely filing of expense reports the District may, by majority vote of the Board, stop prepaying conference and travel expenses. 20 E. All expense reimbursement requests shall be reviewed and approved by the Finance Manager or the General Manager. Any requests for reimbursement that fall outside the limitations contained in this policy shall be reviewed and approved by the President or Vice President. F. With the exception of mileage reimbursement, any expense shown on the form must have a corresponding, attached original itemized receipt or other verification document. G. If a receipt is lost or not provided, the Director must submit a completed Missing Receipt Affidavit Form (see Exhibit F) as substantiation of the expense. H. Directors shall also submit a completed Miscellaneous Gratuities Form (see Exhibit G) for such expenses paid in cash without a receipt. I. All forms, receipts and verification documents shall be public documents subject to redaction of any confidential information, such as credit card numbers. 3.183.20 A Director shall not attend a conference or training event for which there is an expense to the District if it occurs after the Director has announced his/her pending resignation, or if it occurs after an election in which it has been determined that the Director will not retain his/her seat on the Board. A Director shall not attend a conference or training event when it is apparent that there is no significant benefit to the District. 3.193.21 Directors shall provide a brief report about the activity at the next regular Board meeting following attendance (GC § 53232.3(d)). Said report shall detail what was learned at the session(s) that will be of benefit to the District. Materials from session(s) may be delivered to the General Manager for inclusion in the District’s library for future use. Communications Expense Reimbursement 3.203.22 In order to facilitate operational efficiency and reduce expenses, the Board has determined that it is in the best interests of the District to have all agendas and other District information distributed to the Board via electronic means instead of providing paper copies whenever possible. While Director participation in and support of this initiative is encouraged, it is not required. Participating Directors are eligible for the reimbursement of expenses associated with the purchase of necessary electronic equipment and related items provided: A. The Director is an elected official of the District with more than two months remaining in his/her current term of office. B. The Director has submitted a completed Communications Expense Reimbursement Form (see Exhibit H) in accordance with established procedures. C. The District shall provide reimbursement, up to $1,000 every four years (or sooner in the event of loss or theft), for the cost of electronic equipment and related items 21 of the Director’s choosing plus a monthly allowance of $25 for a data plan relating to e-mail/internet access, etc., as applicable. Qualifying electronic equipment and related items shall include tablet PCs, laptop computers, tablet PC/laptop covers or cases, protective screen wraps, extended warranties, and downloadable applications specific to the conduct of District business, such as word processing, spreadsheet or PDF annotation applications. D. Expenses that are not reimbursable include, but are not limited to, gift wrapping, engraving, downloadable applications (other than those used specifically for conducting District business) and additional adaptors. E. One hundred percent of the electronic equipment and approved itemized expenses reimbursed shall be reported on the Director’s Form W-2 as taxable income. In providing this information, the District is not offering tax advice. Directors having questions concerning the tax implications of electronic communications reimbursement benefits are urged to contact the Internal Revenue Service or other experts in tax law. 3.213.23 Reimbursements shall be processed when proof of purchase and original itemized receipts are submitted by the Director along with a completed form within 30 days of purchase. 3.223.24 Failure to submit a completed form within this time frame shall result in a denial of the Director’s request for reimbursement of the expense. A. The electronic equipment and related items for which reimbursement is provided shall become the property of the Director and all maintenance is the sole responsibility of the Director. B. Notwithstanding the foregoing, staff may, from time to time as deemed necessary, provide paper copies of District information to Directors and such provision of paper copies shall not affect the reimbursement of expenses as provided in this section. 3.233.25 Should a Director experience a loss or theft of electronic equipment for which the full or partial expense was reimbursed by the District, said Director shall submit a written statement and/or police report to the Finance Manager or the General Manager for auditing purposes prior to requesting reimbursement of expenses for the purchase of replacement equipment. Requests for reimbursement of expenses for replacement equipment shall be subject to the limitations and requirements as set forth above. 3.243.26 All communications expense reimbursement requests shall be reviewed and approved by the Finance Manager or the General Manager. Any requests for reimbursement that fall outside the limitations contained in this policy shall be reviewed and approved by the President or Vice President. Disclosure of Expenditures/Reimbursements 3.253.27 A full accounting of expenditures of public funds under this policy shall be made and become part of the records of the District. 22 3.263.28 All reimbursements paid by the District of at least $100 for each individual charge for services or product received, shall be disclosed in an annual report following the end of each fiscal year. Reimbursement of an individual charge includes, but is not limited to, one meal, lodging for one day, transportation, or a registration fee paid to any Director. This report shall be made available for public inspection upon request. 3.273.29 All travel expenses and reimbursements paid by the District on behalf of a Director shall be disclosed in a quarterly report and provided to the Board for review at a regular meeting. BOARD MEETINGS, GENERAL All meetings of the Board shall be held at the District’s Administration Building located at 1717 East Miraloma Avenue, Placentia, California. All meetings of the Board shall be open and public and all persons are invited to attend (GC § 54953(a), WC § 30529) . The District shall continue to implement all applicable requirements of the Ralph M. Brown Act (GC § 54950 et seq.) to ensure transparent, open and responsive government. 3.283.30 Regular Meetings A. All regular meetings of the Board shall be held on the second and fourth Tuesday of each month. If these days happen to coincide with a holiday designated by law or otherwise recognized by the District, the meeting shall be rescheduled to a date and time as determined by a majority vote of the Board. Closed Sessions scheduled to occur on the same day as a regular meeting will generally commence at 5:30 p.m. or 6:00 p.m. depending on time requirements and may be noticed separately as a special meeting. Regular meetings shall commence at 6:30 p.m. Any member of the Board may make a motion to complete any item under discussion during meetings lasting more than four hours from the time of commencement. All remaining items on the agenda which have not been acted upon shall be continued to the next regular meeting or as specified by the Board. 3.293.31 Special Meetings A. Special meetings of the Board may be called by the President or a majority of the Board. Whenever a special meeting of the Board is called, notice in writing shall be delivered by the Secretary to each Director, and if notice is requested in writing, to each local newspaper of general circulation and radio or television station. The notice shall be delivered personally or by any other means and shall be received at least 24 hours in advance of the meeting. The notice shall specify the time and place of such meeting and the purpose of the meeting. The written notice may be dispensed with as to any Director who, at or prior to the time the meeting convenes, files with the Secretary a written waiver of notice. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. 3.303.32 Emergency Meetings 23 A. In the event of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the Board may hold an emergency special meeting without complying with the 24 hour notice required in Section 10.2 herein. An emergency situation means a crippling disaster which severely impairs public health, safety, or both. The President, or the Vice President in the absence of the President, or the General Manager, may determine if an emergency situation exists. B. Whenever an emergency meeting of the Board is called, notice in writing shall be delivered by the Secretary to each Director, and if notice is requested in writing, to each local newspaper of general circulation and radio or television station. The notice shall be delivered personally or by any other means and shall be received at least one hour in advance of the meeting. In the event that telephonic services are not functioning, the notice requirement of one hour is waived. The Secretary shall then notify such newspapers, radio stations, or television states of the fact of the holding of the emergency meeting, and of any action taken by the Board, as soon after the meeting as possible. C. No Closed Session may be held during an emergency meeting, and all other rules governing special meetings shall be observed with the exception of the 24 hour notice. The minutes of the emergency meeting, a list of persons the Board or designee notified or attempted to notify, a copy of the roll call vote(s), and any actions taken at such meeting shall be posted for a minimum of ten days in the District office as soon after the meeting as possible. BOARD MEETINGS, AGENDAS 3.313.33 Agendas A. Any matter which is to be considered for approval or adoption by the Board at the meeting must be submitted to the Board as part of an agenda (GC § 54950 et seq.). All ordinances, resolutions and contracts shall be reviewed by legal counsel and approved as to form and legality prior to submission for consideration by the Board. B. The Secretary shall, under direction of the General Manager, prepare an agenda of such matters according to Section 11.2 herein, entitled “Order of Business”, including a description of the items to be considered or discussed and, where deemed appropriate by the General Manager, a staff recommendation for each item. C. A copy of the draft agenda for every meeting of the Board shall be provided to the Presiding Chair (should one be appointed) for review prior to posting by the Secretary. D. A copy of the finalized agenda for every meeting of the Board shall be posted at least 72 hours prior to the meeting in a place that is freely accessible to members of the public. Once posted, copies of the complete agenda and supporting materials shall be available for public inspection during business hours at the District office and on the District’s website. 24 E. Agendas for all special meetings of the Board shall be posted in the same manner at least 24 hours prior to the meeting. The agenda for a special meeting of the Board is limited to only those matters specifically set forth in the purpose of the call for the special meeting. No other business shall be considered at a special meeting. F. All agendas and other District information shall be distributed to the Board via electronic means instead of providing paper copies. Director incurred expenses for electronic equipment and related items required for receiving, accessing and printing all agendas and information shall be reimbursed in accordance with Section 9.0 herein. G. A copy of each agenda for a meeting of the Board shall be mailed to members of the public so requesting them in writing. Any member of the public requesting a copy of a complete agenda and supporting materials shall be charged, in advance, for reproduction costs plus mailing expenses. Exceptions are public agencies, members of the public who request a copy of the agenda without supporting materials, and individuals requesting a copy of an agenda, with or without supporting materials, that contains a specific matter involving that individual as a party. H. All information made available to the Board (except confidential information allowed by law per legal counsel authority) shall be available for public review prior to the Board meeting. I. Any Director may contact the General Manager and request an item to be placed on the agenda no later than 12:00 p.m. the day before an agenda is scheduled to be closed. In general, all agendas will be closed on Wednesday of the week prior to the meeting date. J. Any member of the public may request that a matter directly related to District business be placed on the agenda of a regularly scheduled meeting of the Board, subject to the following conditions: 1. The request must be in writing and submitted to the General Manager together with supporting documents and information, if any, at least 10 days prior to the date of the meeting. 2. The General Manager shall be the sole judge of whether the public request is or is not a “matter directly related to District business” and if the matter is to be placed on a future agenda. The public member requesting the agenda item may appeal the General Manager’s decision at the next regular meeting of the Board. Any Director may request that the item be placed on the agenda of the Board’s next regular meeting. 3. No matter which is legally a proper subject for consideration by the Board in Closed Session shall be accepted. 25 4. The Board may place limitations on the total time to be devoted to a public request issue at any meeting, and may limit the time allowed for any one person to speak on the issue at the meeting. K. Any member of the public may request to present electronic material (such as a PowerPoint presentation) directly related to District business during Public Comments or in relation to a specific agenda item during a regularly scheduled meeting of the Board, subject to the following conditions: 1. The request must be made in writing and submitted to the General Manager together with all electronic materials at least 12 hours prior to the meeting. 2. The General Manager shall be the sole judge of whether the electronic material is or is not a “matter directly related to District business” and if the material is to be presented during a regularly scheduled Board meeting. The public member requesting to present the electronic material may appeal the General Manager’s decision at the next regular meeting of the Board. Any Director may request that the electronic material be presented at the Board’s next regular meeting. 3.323.34 Order of Business A. Upon convening the meeting at the hour set on the date of each meeting, the members of the Board, the Secretary and General Manager of the District shall take their regular stations in the Board Meeting Room, and the business of the Board shall be taken up for consideration. The Presiding Officer shall immediately call the Board to order and lead in the Pledge of Allegiance to the flag of the United States of America. B. Before proceeding with the business of the Board, the Secretary shall call the roll of the Directors. The Secretary shall enter the names of all Directors, Officers, staff members and visitors (if known) present in the Minutes of the meeting. C. If a quorum is present, the Secretary shall so advise the Presiding Officer. If a quorum is not present, the Secretary may adjourn the meeting to a time certain for the purpose of obtaining a quorum. Any such reconvened regular meeting shall not constitute a special meeting. In the event a regular or special meeting of the Board is adjourned to a time and date certain, the Secretary shall post a notice of adjournment in a place that is freely accessible to members of the public within 24 hours of such adjournment. D. Three of the five Directors elected or appointed to the Board shall constitute a quorum for any meeting of the Board. Irrespective of the number of Board members constituting a quorum for a particular meeting, a majority vote of the Board shall consist of at least three votes. No ordinance, resolution or motion shall be passed or become effective without the affirmative votes of at least a majority of the members of the Board. 26 E. Directors may attend Board and Committee meetings via teleconference provided the meeting has been duly noticed as a teleconference meeting in compliance with requirements of the Ralph M. Brown Act (GC § 54950 et seq.). Duly noticed teleconference locations may be outside the District’s jurisdictional boundaries, but for purposes of establishing a quorum, at least three Directors must be participating in the meeting from within the District’s jurisdictional boundaries. A Director is entitled to participate fully in the meeting and vote from a teleconference location, and all votes shall be taken by roll call. F. The Presiding Officer may, on his/her own initiative or at the request of any two Directors, take any item of business out of order, either as to the general order of business or as to the specific agenda as the Secretary has prepared it. G. The Board may take action on items not appearing on the posted agenda for regular meetings under the following circumstances: 1. Upon determination by a majority vote of the Board that an emergency, work stoppage or crippling disaster exists that impairs public health and/or safety. 2. Upon determination by a two-thirds vote of the Board, or by all Directors if only three are present, that a matter came to the attention of the District subsequent to posting the agenda that needs immediate action by the Board. 3. When an item was posted on the agenda of, and was continued from, a meeting held not more than five days earlier. H. The Order of Business taken up for consideration by the Board is generally organized so that high priority matters are addressed at the beginning of the meeting, and is generally in the following sequence: 1. Introductions and Presentations 2. Public Hearings 3. Consent Calendar 4. Action Calendar 5. Discussion Calendar 6. Informational Reports and Other Business 7. Closed Session(s) 8. Adjournment I. The Public Hearings portion of the agenda, if any, shall be held at the time specified in the legal notice advertising such hearing. In general, the order of procedure for a public hearing is as follows: 1. Opening of Hearing by Presiding Officer 2. Verification of Notice of Hearing Provided by Board Secretary 3. Reports by General Manager, Staff and/or Consultant 4. Comments from the Public Speaking in Favor and/or Against the Issue 5. Receipt of Written Communications from the Public 27 6. Continue or Closing of Hearing by Presiding Officer 7. Questions to Staff and Board Discussion 8. Consideration of Action by the Board J. The Consent Calendar portion of the agenda shall be consideration, in a single action, of items determined by the Secretary to be routine matters, status reports or documents implementing previous Board instructions. If a Director has a question or wishes to discuss a Consent Calendar item, they may do so without formally removing the item from the Consent Calendar. If, after such discussion, a Director, staff member or member of the public has a question or wishes to address a Consent Calendar item further, they may request that the item be removed for further discussion. The Presiding Officer shall immediately grant such requests and transfer the removed item to the Action Calendar for later discussion. Items removed from the Consent Calendar for discussion shall be acted upon separately. All items remaining on the Consent Calendar shall be considered for approval by a single motion. Examples of matters appearing on the Consent Calendar may include, but are not limited to: 1. Minutes of Previous Board Meetings 2. Approval to Pay Warrants 3. Routine Environmental Assessments 4. Approval of Routine Terms and Conditions for Water and/or Sewer Service 5. Approval of Change Orders (W ith a dollar value within the General Manager’s authority consistent with the approved purchasing policy.) 6. Approval of Contracts (For projects identified in the adopted budget.) 7. Final Acceptance of Facilities 8. Disposition of Liability Claims 9. Other Routine Administrative Matters K. The Action Calendar portion of the agenda shall include items requiring staff presentation and/or Board discussion prior to formal Board action. Items shall generally be listed in order of priority and with items of a similar nature grouped together. Items may be addressed out of order upon request and with the consent of the Presiding Officer. L. The Discussion Calendar shall include matters that do not require Board action or that cannot reasonably be expected to result in Board action at that meeting. Matters appropriate for the Discussion Calendar include technical presentations to the Board, review of drafts of proposed policies and, in general, items for which District staff seeks the advice and counsel of the Board. When time permits, the Board believes the District’s best interests are served by discussing more complex matters at one meeting and considering formal action on them at a subsequent meeting. M. The Informational Reports and Other Business portion of the agenda provides an opportunity for the presentation of reports by the General Manager, reports from Committees, reports by Directors who have attended outside meetings, and general comments by Directors. It also provides an opportunity for the Board to schedule future meetings and assignments on the Board’s activity calendar. 28 N. Closed Sessions are strictly limited to the open meeting exceptions as defined in the Ralph M. Brown Act (GC § 54950 et seq.). At times, during Board meetings, the Board may adjourn into Closed Session to discuss personnel matters, real estate negotiations, existing or anticipated litigation or other matters as specified in the exceptions set forth in the Brown Act. Appropriate agenda descriptions are also required for Closed Session items. O. A motion to adjourn must be moved by a Director and seconded by another Director, and is subject to debate. No further business can be conducted after an affirmative vote to adjourn. P. The Board may adjourn any regular or adjourned regular meeting to a time and place specified in the motion of adjournment so approved by the Board. BOARD MEETINGS, MINUTES 3.333.35 The Secretary shall keep minutes of all Board meetings. Minutes are to record actions taken and meaningful discussion; they are not intended to be verbatim records. Members of the public requesting information about a meeting shall be encouraged to listen to the audio recording made of each meeting. Draft minutes shall be distributed to the Board for review and approval at the next regular meeting or as soon as possible thereafter. Minutes may be approved as part of the Consent Calendar. 3.343.36 The official minutes of all Board meetings shall be kept in a fire-proof vault or in fire-resistant locked cabinets at the District’s Administration office. An audio recording shall be made of all regular Board meetings, including public hearings, and retained for 30 days following the date the meeting minutes are approved by a majority vote of the Board. Video recordings of all regular Board meetings or public hearings shall be retained for a minimum of 30 days following the date of the meeting. BOARD MEETINGS, CONDUCT 3.353.37 Guidelines for Discussion These guidelines are intended primarily for those situations where discussion of an issue is taken up with considerable enthusiasm by several Directors and/or members of the general public, and it is necessary to formalize the meeting so that each Director, in due course, may be heard. A. The Presiding Officer shall decide, subject to a question of order by any Director, the degree of enforcement of these guidelines at any time during any meeting. B. The Board prefers a flexible form of meeting, believing that this enhances the decision-making process and therefore does not conduct its meetings with formal “rules of order” or parliamentary procedure. The Presiding Officer for each meeting has the responsibility to preserve order and decorum. If at any time, a Director believes order is not being maintained or that procedures being followed are not adequate for the decision-making process at hand, he/she shall call this fact to the attention of the Presiding Officer and request corrective action. If the corrective action taken by the Presiding Officer is not satisfactory, a motion for specific 29 corrective action may be made to the Board. In that event, a majority vote of the Board shall determine the action to be taken. C. A Director is disqualified from participating in the decision-making process if a financial interest in an item before the Board might interfere with the performance of duties in an impartial manner free from bias, as defined in Section 4.0 herein. If grounds for disqualification exist, the Director at issue shall announce prior to consideration of the matter that he/she has a conflict of interest (see Exhibit B), publicly identify the interest that gives rise to the conflict or potential conflict in sufficient detail to be understood by the public, recuse themselves from discussing and voting on the matter, and then leave the room until after the discussion, vote, and any other disposition of the matter is concluded. The Director shall not be counted toward achieving a quorum while the item is discussed. This rule applies when the item that gives rise to the disqualification is on the Consent Calendar except the Director at issue is not required to leave the room. Any Director unsure about whether a conflict of interest exists may request an opinion from legal counsel. D. The Presiding Officer may move, second or debate motions from the chair, subject only to such limitations of debate as may be imposed on all Directors, and shall not be deprived of any of the rights and privileges of a Director by serving as the Presiding Officer. The Presiding Officer may vote on all questions or motions before the Board, with his/her name being called last in a roll call vote. E. Any Director desiring to speak shall first address the chair. Upon recognition by the Presiding Officer, the Director may speak freely with respect to the matter then before the Board but shall confine his/her comments to the subject under discussion. Any Director, once recognized, shall not be interrupted except by a call to order from the Presiding Officer. If a Director is called to order, he/she shall cease speaking until the question or order is determined; if determined to be in order, they may proceed. F. Any Director moving the adoption or approval of a matter may call for the question. G. True motions to reconsider any Board action must be made at the same meeting at which the original action was taken; however, any Director may make any other type of motion at any meeting. H. All motions shall be adopted by voice vote unless otherwise required by law. The Secretary shall record in the Minutes any dissenting and abstaining votes, or disqualification from voting due to a conflict of interest. I. Unless a Director declares a conflict of interest or abstains, silence shall be recorded in the Minutes as an affirmative vote. J. The Secretary shall enter into the Minutes for each meeting a record of all Board actions and a summary of the discussion on each matter considered by the Board. 30 K. Any person desiring to speak shall first address the chair. Upon recognition by the Presiding Officer, the speaker shall state his/her name, representation and/or affiliation and the matter on which he/she wishes to comment. If the matter relates to an item on the current agenda, the Presiding Officer shall recognize the person and invite their comment when the item is considered. If the matter does not relate to an item on the current agenda, the Presiding Officer shall determine whether and when to allow the comment. Comments are limited to matters of public interest within the jurisdiction of the District, and comments must be no more than three minutes in length unless a time extension is granted by the Presiding Officer. A maximum of 20 minutes shall be allotted for each subject matter pursuant to the discretion of the Presiding Officer. No action shall be taken on matters not appearing on the posted agenda for that meeting, although Directors may respond briefly to public comments. L. In the event any person or group of people makes personal, impertinent or slanderous remarks or becomes boisterous while attending a District Board meeting, the Presiding Officer shall call for order. If the person or group refuses to comply with the Presiding Officer’s request for order, the Presiding Officer may declare a recess and summon a law enforcement officer to remove the person(s) from the room. Once the Presiding Officer takes this action, permission for such person(s) to remain at the meeting requires a motion approved by a majority vote of the Board. When, in the judgment of the Presiding Officer, order is restored, the meeting shall reconvene and continue with the Board’s business. BOARD ACTIONS AND DECISIONS 3.363.38 The Board shall act only by Ordinance, Resolution or Motion. The Presiding Officer shall state each matter as it is presented for consideration by the Board and shall announce each decision of the Board. 3.373.39 Ordinances are an authoritative decree or municipal regulation of the District. Ordinances shall relate to no more than one subject, which shall be clearly expressed in the title of the ordinance. No ordinance, or section thereof, shall be amended or repealed unless the new ordinances contains the title of the ordinance or section amended or repealed. When applicable, ordinances shall be identified to the Board as replacements to existing ordinances or sections thereof. Ordinances must be moved and seconded and shall be adopted only by a roll call vote. The Secretary shall record the names of all Directors and identify them as voting Aye, No, Abstain, or Absent on each adopted ordinance. All ordinances shall be signed by the Presiding Officer and attested by the Secretary. Ordinances shall be in full force and effect upon adoption unless otherwise provided by law, and the Secretary shall be responsible for compliance with any and all legal requirements for publication of the ordinance. 3.383.40 Resolutions are a formal expression of opinion, will or intent of the Board. Resolutions must be moved and seconded and shall be adopted only by a roll call vote. The Secretary shall record names of all Directors and identify them as voting Aye, No, Abstain, or Absent on each adopted resolution. All resolutions shall be signed by the Presiding Officer and attested by the Secretary. 31 3.393.41 Motions are proposals, made by a Director during a Board meeting, for action, inclination of the mind or will, or a formal proposal made in a deliberative manner by the Board. Every motion considered by the Board must be moved by a Director, seconded by another Director and is subject to debate. 3.403.42 Except where action is taken by the unanimous vote of all Directors present and voting, the Secretary shall record the names of all Directors and identify them as voting Aye, No, Abstain or Absent upon the passage of all ordinances, resolutions, or motions and enter them upon the Minutes of the Board. EXHIBITS AND APPENDIXES Exhibits A. Acknowledgement B. Sample Conflict of Interest Declarations C. Activity Report and Compensation Form D. Travel Expense Reimbursement Form E. Meeting and Mileage Expense Reimbursement Form F. Missing Receipt Affidavit Form G. Miscellaneous Gratuities Form H. Communications Expense Reimbursement Form Appendixes 1. Setting Compensation for Members of the Board (Ord. 03-01) YORBA LINDA WATER DISTRICT Acknowledgement Form By signing below, the Director hereby acknowledges and agrees that he/she: a)Has read this manual and understands its expectations; b)Will comply with all local, state, and federal laws and regulations as an inherent quality of ethical behavior; c)Pledges to uphold a standard of integrity and competence beyond that required by law; d)Will treat all persons, claims and transactions in a fair and equitable manner; and e)Fully understands they are subject to the Board’s admonition, sanction and censure, depending on their ability to exemplify the ethical and professional behavior promoted by this manual. Director’s Name (Printed): Date: ________________________________________ Director’s Signature: ________________________________________ Distribution: Original to Personnel File Copy: Director Exhibit A YORBA LINDA WATER DISTRICT Sample Conflict of Interest Declarations Generally, a Board member has a financial interest in a matter if it is reasonably foreseeable that the Board’s decision would have a material financial effect (as defined by the Fair Political Practices Commission regulations) that is distinguishable from its effect on the public generally, on the official, a member of his/her immediate family, or on any of the following: •A business entity in which the Board member has a direct or indirect investment worth $2,000 or more; •A business entity in which the Board member holds a position as a director, officer, partner, trustee, employee, or holds any position of management; •A source of income (except gifts or loans by a commercial lending institution made in the regular course of business on terms available to the public without regard to official status), aggregating $500 or more in value provided, promised to, or received by, the Board member within 12 months prior to the time a decision is made; •A source of gifts to the Board member amounting to the annual gift limit or more within 12 months prior to the time a decision is made; and •Real property in which the Board member has a direct or indirect interest worth $2,000 or more. Below are some sample conflict of interest declarations as provided by the District’s legal counsel: 1.Decision affects business entity in which a Director has an investment: I declare that I have a conflict of interest on Agenda Item No. because I have an investment in Name of Company . 2.Decision affects business entity in which a Director holds a position: I declare that I have a conflict of interest on Agenda Item No. because I hold a position at Name of Company , a business that Description of Business Activities . 3.Decision affects a source of income/gift: I declare that I have a conflict of interest on Agenda Item No. because I have received income or a gift from Name of Source . 4.Decision affects real property in which the Director has a direct/indirect interest: I declare that I have a conflict of interest on Agenda Item No. because I own real property, located at Location which may be affected. NOTE: If subject property is the Director’s primary residence simply state that “the property is a residence”. 5.Decision related to Closed Session agenda item: I recuse myself from participating in Agenda Item No. due to a conflict of interest under Government Code Section 87100. Exhibit B YORBA LINDA WATER DISTRICT Directors Activity Report and Compensation Form Name (Printed): NOTE: Rate is $150.00 per day. Month: For Admin Use Only Date Meeting Description Code Rate Total Compensation Amount: $ Director’s Signature: Date: R = YLWD Regular BOD Mtg | S = YLWD Special BOD Mtg | C = YLWD Committee Mtg | O = Other Mtg, Conference, or Event Fax to 714-701-3028 or scan and e-mail to the Executive Assistant. Exhibit C Page 1 of 2 Original itemized receipts and Name:corresponding route maps must be attached. Conference Name: Destination/Location: Purpose of Trip: Departure Date:Return Date: Travel Date Expense Paid Expense Paid Total Business By YLWD By Director Expenses Breakfast 0.00 Lunch 0.00 Dinner 0.00 Airfare 0.00 Lodging 0.00 Cab / Shuttle 0.00 Auto Rental 0.00 Fuel / Oil 0.00 Parking / Toll 0.00 Mileage 0.00 Misc / Tips 0.00 Conference Fee 0.00 Membership Fee 0.00 Total $0.00 0.00 0.00 $0.00 I hereby certify that the above expenditures represent cash spent for legitimate District business only and includes no personal items. Director's Signature:Date: Reviewer's Signature:Date: Itemized Expenses Total Due Director: YORBA LINDA WATER DISTRICT Travel Expense Reimbursement Form Exhibit D Page 2 of 2 Original itemized receipts and Name:corresponding route maps must be attached. Mileage Date Miles 0.54 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total $0.00 Misc / Tips Date Amount Total $0.00 YORBA LINDA WATER DISTRICT Travel Expense Reimbursement Form Destination Description Exhibit D TOTAL EXPENSES:$0.00 Meeting and Mileage Expense Reimbursement Form Name: Month:Current Rate =0.54 Date Purpose Miles Meals Parking Other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Total Miles:0 TOTALS:$0.00 $0.00 $0.00 $0.00 Director's Signature Date Original itemized receipts and corresponding route maps must be attached. Reviewer's Signature Date YORBA LINDA WATER DISTRICT Location Exhibit E YORBA LINDA WATER DISTRICT Missing Receipt Affidavit Form Please retain this form with the District’s financial records in case of an audit. Name (Printed): I certify that I made the purchase shown below for District purposes but do not have a receipt because (check all that apply): Vendor did not provide a detailed receipt. I had a receipt but cannot locate it. I have a receipt, but it is not readable (e.g. not in English and/or not legible). This document is provided in order to describe the items purchased. Order was placed via telephone, fax, or internet, and vendor has not supplied an invoice. Vendor Name City Date of Purchase Detailed Description of Purchase (Attach additional sheets if necessary.) Item Amount Total Purchase Amount $ This document is in lieu of an invoice or receipt for this transaction. I certify that all items listed above (and on the attached, if applicable) were purchased and received for District business. Director’s Signature: Date: NOTE: All information is required and must be typed or printed in ink. Use one affidavit per receipt. Exhibit F YORBA LINDA WATER DISTRICT Miscellaneous Gratuities Form Please retain this form with the District’s financial records in case of an audit. Name (Printed): Conference/Event Name: The following gratuities were paid in cash and are directly related to my attendance at the above listed conference/event: Date Location Purpose Amount Total Amount $ This document is in lieu of an invoice or receipt for this/these transaction(s). I certify that all items listed above (and on the attached, if applicable) were for District business. Signature: Date: Exhibit G YORBA LINDA WATER DISTRICT Communications Expense Reimbursement Form Director’s Name (Printed): The purpose of this form is to identify and provide proof of purchase and original itemized receipts for the reimbursement of Director incurred expenses for obtaining electronic equipment and related items in order to receive and access agendas and other District information distributed to the Board via electronic means. NOTE: One hundred percent (100%) of the electronic equipment and approved itemized expenses reimbursed shall be reported on the Director’s Form W-2 as taxable income. Date Description Amount Total Expenses: $ Less Paid by YLWD: $ Total Reimbursement Amount: $ I agree that all expenses submitted on this form are for District purposes only. I also agree that it is my responsibility to provide proof of purchase and original itemized receipts along with this completed form to the Finance Manager or the General Manager within 30 days of purchase. Director’s Signature: Date: Reviewer’s Signature: Date: Exhibit H Appendix 1 ORDINANCE NO. 03-01 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT SETTING COMPENSATION FOR MEMBERS OF THE BOARD OF DIRECTORS WHEREAS, The Yorba Linda Water District is organized and operates under authority of the County Water District Act, Division 12, commencing with Section 30,000 of the California Water Code; and WHEREAS, Water Code Section 20202, permits water districts, as defined in Section 20200, which includes the Yorba Linda Water District,to increase compensation of members of the Board of Directors in an amount in excess of$100 per day for each day's attendance at Board meetings or each day's service as a Director at the Board's request, not to exceed ten day's per calendar month; and, WHEREAS, the increase in compensation authorized pursuant to Section 20202 is limited to five percent for each calendar year following the operative date of the last adjustment; and WHEREAS, the Board of Directors of the Yorba Linda Water District, by action taken in February, 1991 set the daily compensation under Water Code Section 30507 at $125 for Board and Board Committee meetings and $50 for other service rendered at the request of the Board; and WHEREAS, the Board of Directors of the Yorba Linda Water District has conducted a public hearing upon notice pursuant to Government Code Section 6066 as required by Water Code Section 20203. NOW THEREFORE,the Board of Directors of the Yorba Linda Water District does hereby find, declare, order and ordain as follows: Section 1. The matters set forth in the recitals of this Ordinance are true and correct. Section 2. Upon and after the effective date of this Ordinance, compensation for members of the Board of Directors of the Yorba Linda Water District shall be $150 per day for each day's attendance at meetings of the Board of Directors and other meetings attended at the request of the Board of Directors. Compensation for any type of service shall not exceed ten (10) days in any calendar month. Members of the Board of Directors shall receive reimbursement or payment of expenses, according to District rules, incurred in the performance of each Director's duties required or authorized by the Board of Directors. Appendix 1 Section 3. This Ordinance shall become effective sixty(60) days after its adoption. PASSED AND ADOPTED this 23rd day of January, 2003 by the following called vote: AYES: Beverage, Mills, Summerfield NOES: Armstrong ABSENT: Korn ABSTAIN: 6?resident W. ummerh ld, , l JEST son, Secretary ITEM NO. 10.1 AGENDA REPORT Meeting Date: February 13, 2018 Subject:Interagency Committee with MWDOC and OCWD (Nederhood/Jones) · Minutes of meeting held January 25, 2018 at 4:00 p.m. · Next meeting scheduled March 22, 2018 at 4:00 p.m. ATTACHMENTS: Name:Description:Type: 2018-01-25_-_Minutes_-_YLWD-MWDOC-OCWD.docx Minutes Minutes Minutes of the YLWD/MWDOC/OCWD Interagency Committee Meeting Held January 25, 2018 at 4:00 p.m. 1 MINUTES OF THE YORBA LINDA WATER DISTRICT INTERAGENCY COMMITTEE MEETING WITH MWDOC AND OCWD Thursday, January 25, 2018, 4:00 P.M. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 4:00 p.m. 2. ROLL CALL YLWD COMMITTEE MEMBERS YLWD STAFF Al Nederhood, President Marc Marcantonio, General Manager Brooke Jones, Vice President Steve Conklin, Engineering Manager John DeCriscio, Operations Manager MWDOC COMMITTEE MEMBER MWDOC STAFF Brett Barbre, Director Karl Seckel, Asst General Manager OCWD COMMITTEE MEMBER OCWD STAFF Unable to Attend Mike Markus, General Manager 3. PUBLIC COMMENTS None. 4. DISCUSSION ITEMS 4.1. Pending Legislation – Making Water Conservation a California Way of Life There was a general discussion on the legislation being considered in Sacramento that could put permanent restrictions on water use. Mr. Marcantonio commented that while the consumption value of 55 gpcd being considered for indoor use may be acceptable, the values being proposed for outdoor use and the means to determine the irrigable area is very problematic for the large residential lots in the Yorba Linda service area. Mr. Marcus noted that OCWD is advocating that any permanent conservation legislation give increased credit for recycled water use. He stated that current legislation gives a maximum credit of 10% and OCWD is pursuing a larger percentage, due to GWRS in Orange County. Minutes of the YLWD/MWDOC/OCWD Interagency Committee Meeting Held January 25, 2018 at 4:00 p.m. 2 4.2. MWD Water Supply Conditions and Outlook Mr. Barbre reported that the MWD water supply condition is very good due to the high volume of water placed in storage from the very wet year last year, with about 2.5 MAF in storage. However, he noted that due to the current very dry conditions, MWD has suspended the In-lieu Program effective February 1. If the snow and rain conditions improve significantly in the near term, it is possible that MWD could return to In-Lieu. 4.3. Condition of OCWD Groundwater Basin, Water Purchased for Recharge, and In-Lieu Recharge Mr. Markus stated that OCWD has taken about 70,000 AF of In-Lieu water and would like to take an additional 30,000 AF if the program returns this spring. In addition to In-Lieu water, OCWD has purchased and recharged 65,000 AF of full-service untreated MWD water. He projected that the basin condition will improve to an overdraft of 240,000 AF by June 30. 4.3. PFOS/PFOA Testing and Mitigation Mr. Conklin reported that OCWD tests on a quarterly basis for PFOS and PFOA at all YLWD wells and the blend from all the wells at Highland Reservoir. He noted that the concentration of these PFCs at Highland, which is the groundwater served to customers, meets the advisory level established by USEPA. Mr. Conklin stated that YLWD staff is looking at retaining a consultant to perform bench-scale testing of its groundwater to determine the effectiveness of various methods of treatment to remove the PFCs and other compounds of concern and their relative costs. 4.5. Huntington Beach Desalination Project Mr. Markus reported that the Project recently received necessary approval from the State Lands Commission and is scheduled to be considered for approval by the RWQCB in the summer of 2018. If approved by that agency, the Project will be reviewed for its last required permit by the Coastal Commission. Mr. Markus noted that OCWD is still examining the costs that it would bear for design, construction and operation of the infrastructure to deliver the finished water from the treatment plant to it points of use. If the Project receives all necessary permits and after OCWD completes its examination of the costs it would have to bear, the OCWD Board will determine if its wants to proceed with the Project and execute a contract with Poseidon. Minutes of the YLWD/MWDOC/OCWD Interagency Committee Meeting Held January 25, 2018 at 4:00 p.m. 3 4.6. California Water Fix Project Mr. Barbre reported that Gov Brown is now looking at a one-tunnel project with the second tunnel at a future time, based on current politics and funding. A lot of discussion on-going of the cost and benefit of a single tunnel and who would get the water at what cost. No end in sight on a decision. 4.7. North and South Basin Projects Mr. Markus reported that the USEPA has stepped in on the North Basin Project and has initiated the Comment Period leading up to the Project being placed on the National Priorities List (NPL) for EPA. He noted that OCWD has been proactive by constructing the EW-1 Project, which is an extraction well now in operation that pumps out an estimated 1 MGD of water from a contaminated point in the shallow aquifer and discharges it to the OCSD sewer for treatment and recycling thru GWRS. Regarding the South Basin Project, Mr. Markus stated that the court ruled in favor of OCWD on a recent issue and OCWD is continuing efforts in court. 4.8. YLWD Well Projects Mr. Conklin reported that W-21 is in operation and that OCWD staff is in contact with YLWD staff to discuss completing the connection to the turnout from the well to deliver raw water for OCWD landscape irrigation and other uses in the Warner Basin complex. Regarding W-22, he reported that the drilling of the well is nearing completion, with pump testing to follow. YLWD recently retained a consultant to begin the design of the above-grade facilities and pipeline for W-22. 4.9. Future Agenda Items None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 5:20 p.m. SC ITEM NO. 10.2 AGENDA REPORT Meeting Date: February 13, 2018 Subject:Joint Agency Committee with City of Yorba Linda (Nederhood/Jones) · Minutes of meeting held December 18, 2017 at 4:00 p.m. · Next meeting scheduled March 19, 2018 at 4:00 p.m. at YL City Hall. ATTACHMENTS: Name:Description:Type: 2017-12-18_-_Minutes_-_YLWD-City_of_YL.pdf Minutes Minutes YLWD/CC Joint Advisory Committee Minutes December 18, 2017 Page 1 of 3 CITY OF YORBA LINDA Land of Gracious Living YORBA LINDA WATER DISTRICT/ CITY COUNCIL JOINT ADVISORY COMMITTEE MEETING MINUTES December 18, 2017 4:00 p.m. CALL TO ORDER The Yorba Linda Water District/City Council Joint Advisory Committee meeting convened at 4:02 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. PLEDGE OF ALLEGIANCE Councilwoman Beth Haney ROLL CALL Committee Members City Council: Beth Haney, Councilwoman Tom Lindsey, Councilman Water District: J. Wayne Miller, President Phil Hawkins, Director Staff Members: Marc Marcantonio, General Manager YL Water District Mark Pulone, City Manager City of Yorba Linda PUBLIC COMMENTS None YLWD/CC Joint Advisory Committee Minutes December 18, 2017 Page 2 of 3 ACTION CALENDAR 1.Minutes of the YLWD/City Council Joint Advisory Committee meeting held on September 18, 2017. The YLWD/City Council Joint Advisory Committee approved the minutes of the September 18, 2017 meeting. DISCUSSION ITEMS 2.Pending Legislation - Making Water Conservation a California Way of Life General Manager Marc Marcantonio spoke about a proposed new State Water Resources Control Board (SWRCB) regulation called “Wasteful Water Use”. He reviewed some of the proposed topics and stated that this regulation would severely impact homeowner’s associations and cities and counties. He asked that the City consider sending a comment letter of opposition to the SWRCB by Tuesday, December 26, 2017. A lengthy discussion ensued regarding a comment letter of opposition to the State. General Manager Marcantonio briefly summarized AB 1668/SB606 Water Conservation legislation and SB 623 and reported that neither Bill was passed by the legislature. Julia Schultz, resident, commented on the proposed new regulation. Greg Schultz, resident, spoke about the short deadline for the public to respond to the proposed regulation. 3.Emergency Response Planning General Manager Marcantonio stressed the importance of developing close relations between all first responder agencies. The Water District would like to meet with the City, Yorba Linda Police Services and the Orange County Fire Authority to improve interoperability, communications and overall disaster response. Julia Schultz, resident, said that she is no longer receiving the Water District’s newsletter. Greg Schultz, resident, commented on issues with the City’s Landscape Maintenance Assessment District, and suggested the City and Water District come up with an update letter to help spread the word. YLWD/CC Joint Advisory Committee Minutes December 18, 2017 Page 3 of 3 4.Status of Yorba Linda Town Center Economics Development Manager Pamela Stoker provided a summary of the status of the Yorba Linda Town Center development and responded to questions from committee members. Julia Schultz, resident, commented about parking spaces in the new Town Center. 5.Future Meeting Date and Agenda Items The Committee agreed to meet again on Monday, March 19th at 4:00 p.m. No additional items for the next Agenda were discussed. ADJOURNMENT City Manager Mark Pulone adjourned the meeting at 5:04 p.m. to the next Yorba Linda Water District/City Council Joint Advisory Committee meeting on Monday, March 19, 2018 at 4:00 p.m. ITEM NO. 12.1 AGENDA REPORT Meeting Date: February 13, 2018 Subject:Meetings from February 14 - April 30, 2018 ATTACHMENTS: Name:Description:Type: BOD_-_Activities_Calendar.pdf Backup Material Backup Material Board of Directors Activity Calendar Event Date Time Attendance By February LAFCO Wed, Feb 14 8:15 AM Nederhood (As Needed) YL Planning Commission Wed, Feb 14 6:30 PM Hawkins (As Needed) OCWD/OCSD Winter Fest Fri, Feb 16 3:30 PM Jones District Offices Closed Mon, Feb 19 7:00 AM YL City Council Tue, Feb 20 6:30 PM Jones MWDOC Wed, Feb 21 8:30 AM Nederhood/Jones OCWD Wed, Feb 21 5:30 PM Miller/Jones Board of Directors Workshop Meeting Thu, Feb 22 4:30 PM Board of Directors Regular Meeting Tue, Feb 27 6:30 PM OCSD Wed, Feb 28 6:00 PM Hawkins YL Planning Commission Wed, Feb 28 6:30 PM Hawkins (As Needed) March WACO Fri, Mar 2 7:30 AM TBD MWDSC Inspection Tour Tue, Mar 6 7:00 AM Hawkins/Jones/Nederhood ISDOC Executive Committee Tue, Mar 6 7:30 AM Nederhood YL City Council Tue, Mar 6 6:30 PM Hall MWDOC Wed, Mar 7 8:30 AM Nederhood/Jones OCSD Operations Committee Wed, Mar 7 5:00 PM Hawkins OCWD Wed, Mar 7 5:30 PM Miller/Jones Board of Directors Regular Meeting Tue, Mar 13 6:30 PM LAFCO Wed, Mar 14 8:15 AM Nederhood (As Needed) YL Planning Commission Wed, Mar 14 6:30 PM Hawkins (As Needed) Joint Committee Meeting with City of Yorba Linda Mon, Mar 19 4:00 PM Nederhood/Jones YL City Council Tue, Mar 20 6:30 PM Hawkins MWDOC Wed, Mar 21 8:30 AM Nederhood/Jones TENTATIVE - Board of Directors Workshop Meeting Wed, Mar 21 4:30 PM OCWD Wed, Mar 21 5:30 PM Miller/Jones Interagency Committee Meeting with MWDOC and OCWD Thu, Mar 22 4:00 PM Nederhood/Jones Board of Directors Regular Meeting Tue, Mar 27 6:30 PM OCSD Wed, Mar 28 6:00 PM Hawkins YL Planning Commission Wed, Mar 28 6:30 PM Hawkins (As Needed) ISDOC Thu, Mar 29 11:30 AM TBD April ISDOC Executive Committee Tue, Apr 3 7:30 AM Nederhood YL City Council Tue, Apr 3 6:30 PM Miller MWDOC Wed, Apr 4 8:30 AM Nederhood/Jones OCSD Operations Committee Wed, Apr 4 5:00 PM Hawkins OCWD Wed, Apr 4 5:30 PM Miller/Jones MWDOC Elected Officials Forum Thu, Apr 5 6:00 PM Jones/Nederhood WACO Fri, Apr 6 7:30 AM TBD Board of Directors Regular Meeting Tue, Apr 10 6:30 PM LAFCO Wed, Apr 11 8:15 AM Nederhood (As Needed) YL Planning Commission Wed, Apr 11 6:30 PM Hawkins (As Needed) YL City Council Tue, Apr 17 6:30 PM Nederhood MWDOC Wed, Apr 18 8:30 AM Nederhood/Jones OCWD Wed, Apr 18 5:30 PM Miller/Jones Board of Directors Regular Meeting Tue, Apr 24 6:30 PM MWDOC/OCWD Joint Planning Committee Wed, Apr 25 8:30 AM Jones/Miller/Nederhood OCSD Wed, Apr 25 6:00 PM Hawkins YL Planning Commission Wed, Apr 25 6:30 PM Hawkins (As Needed) TENTATIVE - Board of Directors Workshop Meeting Thu, Apr 26 4:30 PM BACKUP MATERIALS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING M E M O R A N D U M TO: Marc Marcantonio FROM: Brett R. Barbre DATE: February 13, 2018 RE: YLWD Open House – May 19, 2018 WHAT: YLWD Open House WHEN: May 19, 2018 – 9:00 am to 3:00 pm – RAIN or SHINE WHERE: YLWD Field Headquarters; 2 hour tour to 3 facilities Highland Reservoir/Booster Station Fairmont Reservoir/Pumping Station Hidden Hills Reservoir WHY: Showcase the investment YLWD ratepayers make through their water rates in reliable and cost-effective water and sewer services. COMPONENTS There will be numerous stations set up around the YLWD yard: Water Quality – our Water Quality staff will share the number of samples taken annually and to be available to explain/answer questions about water quality issues. Valves – the valve crew will show different types of valves in active use around the District; how they work; how they are repaired; how they are maintained. Sewer – the sewer crew will show the VACTOR truck and CAMERA truck and how they are used in the field to maintain and keep our sewers flowing. Hydrants – the hydrant crew will show how hydrants are maintained; tested; and be available to answer questions about the different types of hydrants found within the District. Leaks – the leak crew will discuss what to do when leaks are discovered; how various leaks are repaired; the importance of notifying the District when leaks are discovered so they may be repaired. Equipment – various pieces of equipment will be available for inspection. SCADA – the SCADA room will be shown to demonstrate the ability to monitor water quality and flows throughout the District from one central location. ITEM NO. 8.2. Customer Service/Meter Reading – the team would demonstrate how meters work, how they are read, and how bills are calculated, prepared and collected. MWD Landscape Workshop – representatives of the Metropolitan Water District of Southern California would conduct a landscape workshop on drought tolerant plants and other landscape related topics.. Tap Crew – a demonstration of the tap team and their abilities will be shown 3 times. Broken Pipes – different examples of broken pipes will be shown to demonstrate the power of water when a leak starts and ultimately blows out a portion of various pipes. Chlorination Facility – a discussion by our operations team on the chlorination of the groundwater supplies as they pass by the Richfield Yard. Groundwater Wells – several wells will be shown – both electric and natural gas – and the various components will be labeled. Richfield Pumping Plant - The Richfield Booster Pump Station will demonstrate the pumping required to move the water from the Richfield Facility (elevation 200 feet) to Highland (elevation 428 feet). Facilities Tour - The tour, which is approximately 2 hours in duration, will depart at 10:00 am and 1:00 pm. The first stop will be the Highland Reservoir, which is the first stop for groundwater. The discussion of the various ZONES served directly from Highland will be demonstrated. The Highland Booster Pump Station will also demonstrate the pumping required to move the water from the Highland Reservoir (elevation 428 feet) to Lakeview Reservoir (elevation 540 feet) and ultimately to the Fairmont Reservoir (elevation 675 feet). The second stop will be the Fairmont Reservoir (elevation 675 feet) which will demonstrate the location where MWD water and GROUDWATER mix. The Fairmont Booster Pump Station will demonstrate the ability, once completed, to move groundwater to 100% of the District. The emergency pumping between zones will also be highlighted. The final stop will be Hidden Hills Reservoir (elevation 1,390 feet) which is the highest point of all of our District facilities. Ultimately, the District will demonstrate the challenges of having 19 different pressure zones and a District that has 352 miles of mains, 12 booster pump stations, 23 pressure reducing devices, 14 reservoirs, 11 wells, 3,956 hydrants, 11,162 valves; 259 miles of sewer lines, 25,032 connections, and elevations that span from the 200 foot level to 1,390 feet above sea level. A complete map of the District and the facilities (wells, import connections, pump stations, reservoirs, and pressure reducing stations) with elevations noted, will be produced and distributed. ITEM NO. 8.2. M E M O R A N D U M TO: Marc Marcantonio FROM: Brett R. Barbre DATE: February 13, 2018 RE: Ways in Which YLWD Customers Pay Their Water Bills Over a 6 month period of time, we calculated the various ways in which customers pay their bills. Those methods are as follows: Website (credit card, on-line check) 34.7% Bill Pay (bank-to-bank payment) 25.4% Mail (Wells Fargo processes) 24.5% Auto Pay (NACHA) 8.6% Counter/Phone (credit card) 2.7% Mail (bank electronic checks) 1.7% Counter (checks) 1.0% Mail (customer service process checks) 1.0% Counter (cash) 0.4% 100% The monthly average number in each category is as follows: Website (credit card, on-line check) 8,113 Bill Pay (bank-to-bank payment) 5,930 Mail (Wells Fargo processes) 5,713 Auto Pay (NACHA) 1,999 Counter/Phone (credit card) 632 Mail (bank electronic checks) 391 Counter (checks) 243 Mail (customer service process checks) 231 Counter (cash) 101 Broken down by process (Automated/Wells Fargo process/Customer Service), the numbers are as follows: Automated 68.7% or 16,042 Wells Fargo processed checks 24.5% or 5,713 Customer Service 6.8% or 1,598 Average SHUT-OFFS is 3 per week or 12 per month. ITEM NO. 8.3. February 14, 2018 Ms. Jeanine Townsend (commentletters@waterboards.ca.gov) Clerk to the Board State Water Resources Control Board P.O. Box 100 Sacramento CA 95812-2000 Subject: Comment Letter – Changes to Proposed Regulation Prohibiting Wasteful Water Use Practices The Yorba Linda Water District (YLWD) appreciates the opportunity to comment to the State Water Resources Control Board (SWRCB) on the proposed regulation to permanently prohibit certain wasteful water uses. We support several of the proposed regulations and have concerns with others. Of most concern is the failure of the proposed regulation to recognize communities that achieve high levels of responsible water use, and potable reuse. Towards that end we believe it is essential to establish a category that acknowledges potable reuse. The proposed Regulation incorrectly calls some water practices as “waste and unreasonable use” despite this water being reused as potable water by YLWD. BACKGROUND YLWD is a community located in the northeastern corner of Orange County and encompasses 14,475 acres of land comprising 22.6 square miles. The 109-year old District serves a population of approximately 78,500 and provides water and wastewater service to approximately 25,000 residential, commercial, irrigation and other connections with more than $1.2 billion in critical infrastructure. Our District has significant wildfire interface zones with Chino Hills State Park for which we are required to irrigate by the Orange County Fire Authority. Model Water Reuse Community YLWD is a model District as all of our sewer and gray water flows are sent through the Groundwater Replenishment System, which pumps the water back to our aquifer to replenish the groundwater basin. All runoff in the District percolates into the aquifer, or migrates to the Santa Ana River which then percolates into the groundwater basin. It is then pumped, treated, and served to our customers again and again. The water that is not returned to potable reuse is what goes to evapotranspiration, providing climate cooling benefits and destined to be dropped in other parts of the state through rain and snow. ITEM NO. 9.2. MATERIALS SUBMITTED BY: Marc Marcantonio MEETING DATE: February 13, 2018 J. Townsend February 14, 2018 Page 2 During the most recent drought emergency, the customers of the YLWD responded admirably and complied with the unilaterally mandated restrictions promulgated by the SWRCB. We exceeded our 36% reduction mandate, despite not resulting in a single glass of water being made available to communities in need, and at a revenue loss of nearly $9 million (projected revenue prior to the emergency declaration). The one-size-fits-all emergency regulation caused a drastic and sudden rate increase necessary to prevent default on bond obligations. While we are managed to avert default, our community was fractured, and we experienced a recall of our Board of Directors, resulting in four out of five positions filled with new Directors. Our residents, like all Californian’s, will pull together in a time of need, as long as it is temporary. However, when we make permanent investments to ensure our water sources are reliable, we should not be penalized because others have less vision or resources. This proposed regulation needs to credit all water destined for potable re-use as a viable source of water. Public Policy and Legal Concerns Public Safety: the District’s water system was built to its current size to provide the maximum reasonable protection for public safety. As we share a major border with Chino Hills State Park, we continually are threatened by wildland fires. After the 2008 Freeway Complex Fire loss of many homes and more than $65 million in judgements against the District, reservoir capacities and pumping were increased at great cost for future protection. Public Health: water must be circulated and consumed to prevent growth of pathogens, disinfection byproducts, and other public health risks. By investing in multiple methods of water reuse, we are able to circulate and consume our water repeatedly, without waste. This regulation impairs this process, and puts public health at risk. We will evaluate the legal implications of being mandated to reduce water deliveries below the design and construction level paid by our customers, as a government taking of public property. ITEM NO. 9.2. MATERIALS SUBMITTED BY: Marc Marcantonio MEETING DATE: February 13, 2018 J. Townsend February 14, 2018 Page 3 Water agencies like YLWD embody conservation as a California way of life, and should not be penalized just so everyone equally feels the pain. Should you have any questions, please contact me at 714-701-3022. Sincerely, Marc Marcantonio, General Manager Yorba Linda Water District ITEM NO. 9.2. MATERIALS SUBMITTED BY: Marc Marcantonio MEETING DATE: February 13, 2018 -DRAFT- VIA EMAIL: commentletters@waterboards.ca.gov February 13, 2017 Jeanine Townsend, Clerk to the Board State Water Resources Control Board 1001 I Street, 24th Floor Sacramento, CA 95814 Subject: “Comment Letter – Changes to Proposed Regulation Prohibiting Wasteful Water Use Practices” Dear Ms. Townsend: The Association of California Water Agencies (ACWA) appreciates this opportunity to provide comments on the State Water Resources Control Board’s (State Water Board) changes to proposed regulation prohibiting certain “wasteful water uses.” The changes were made in response to public comments on the initial draft and were released for a 15-day comment period on January 15, 2018. This proposal is intended, in part, to replace similar prohibitions that were part of the emergency drought response regulation which recently expired on November 25, 2017. ACWA represents approximately 440 public water agencies responsible for delivery of over 90% of the water used for residential, commercial and agricultural purposes in California. As noted in our previous comment letter dated December 21, 2017, most of California’s urban water suppliers have already locally prohibited many of the “wasteful water uses” which were included in the emergency drought response regulation and are now proposed for permanent statewide prohibition. Any potential additional annual water savings associated with the State Water Board proposed prohibitions would be essentially inconsequential and considered unnecessary from a practical perspective. We appreciate many of the proposed changes to refine and better target the proposed prohibitions. However, we continue to have several concerns about some of the proposed prohibitions, which were identified in our previous letter and to which the proposed changes are not fully responsive. Additionally, ACWA continues to share a more general concern with urban water agencies and water rights holders statewide about the State Water Board’s intention to use its general authority to prevent “waste and unreasonable use” as a means to categorically prohibit certain water use practices without consideration of specific water use circumstances as required by law. ACWA had joined a coalition letter prepared by water rights attorneys and submitted separately on behalf of a significant number of water agencies which conveys the basis of this ITEM NO. 9.2. MATERIALS SUBMITTED BY: Marc Marcantonio MEETING DATE: February 13, 2018 Jeanine Townsend, Clerk to the Board February 13, 2018 • Page 2 concern and advocates a more defensible legal framework for the proposed conservation regulation. Proposed Prohibitions ACWA appreciates some of the changes that were made to the proposal in response to comments. However, several concerns that we previously identified remain. ACWA asks the State Water Board to: 1. Eliminate the Statewide Prescription of What Constitutes “Measureable Rainfall” Although ACWA supports the proposed change from specifying measurable rainfall as on fourth of an inch or rain instead of one tenth of an inch as initially proposed, we continue to believe that a statewide prescription should be eliminated entirely to restore needed local flexibility to balance highly localized and variable rainfall patterns, site-specific landscape irrigation needs, and the technical limitations of rain sensors and irrigation controllers, and to restore the wording of the previous emergency drought prohibition, which was effectively administered by local water suppliers. 2. Eliminate the Statewide Prohibition on Serving Drinking Water Other Than Upon Request In Favor of Local Implementation Although ACWA supports the proposed change to this prohibition which conditions it upon a declaration of drought by the Governor, we continue to believe that this measure should be reserved and deployed as determined by local water suppliers in the appropriate local water supply and public education context to retain its effectiveness. It should therefore be removed as a statewide prohibition. 3. Eliminate Prescriptive and Burdensome Prohibitions on Use of Recycled Water for Irrigation of Turf on Medians and Adjacent to Streets Although ACWA supports the proposed change to grandfather irrigation systems using recycled water installed prior to January 1, 2018, we continue to believe that the site- specific considerations associated with landscaping and irrigation of medians and parkways (including use of recycled water and irrigation methods to keep trees alive) renders imposition of a general statewide prohibition of this type highly burdensome and too prescriptive. Irrigation of center median or parkways with recycled water may not constitute an unreasonable use for a community with insufficient demands to utilize all of its available recycled water and when the excess water would otherwise be discharged to the ocean. On the other hand, a different determination may be warranted for a community that has limited water supplies and fully utilizes its recycled water for other, higher uses. Local agencies are best equipped to weigh these important factors and make fact-based determinations. In addition, the proposed turf irrigation restriction is both redundant in part and inconsistent in part with existing regulations. The application of the restriction to center medians is redundant with Section 492.6(a)(1)(E) of the California Code of Regulations that prohibits high water using plants, characterized by a plant factor of 0.7 to 1.0, for ITEM NO. 9.2. MATERIALS SUBMITTED BY: Marc Marcantonio MEETING DATE: February 13, 2018 Jeanine Townsend, Clerk to the Board February 13, 2018 • Page 3 these areas. With respect publicly owned and maintained parkways, the restriction is redundant with Section 491(s) that establishes an ET adjustment factor of 0.45 for non- residential areas and would effectively preclude turf irrigated with potable water in these areas. However, the proposed restriction is inconsistent with Section 492.14(c) that appropriately categorizes landscapes using recycled water as "Special Landscape Areas" with an ET adjustment factor of up to 1.0, which would support turf. We recommend that the Board remove the proposed prohibition on irrigating center median and parkways from the regulation or, at a minimum, modify the provision such that it does not extend to recycled water. Thank you for your consideration of these comments. I am available to discuss them by email or phone at daveb@acwa.com or (916) 441-4545. Sincerely, David Bolland Director of State Regulatory Relations cc: Felicia Marcus, Chair, State Water Resources Control Board Steven Moore, Vice Chair, State Water Resources Control Board Tam M. Doduc, Member, State Water Resources Control Board Dorene D'Adamo, Member, State Water Resources Control Board E. Joaquin Esquivel, Member, State Water Resources Control Board Eileen Sobeck, Executive Director, State Water Resources Control Board Michael Lauffer, Chief Counsel, State Water Resources Control Board Eric Oppenheimer, Chief Deputy Director, State Water Resources Control Board Max Gomberg, Climate and Conservation Program Manager, State Water Resources Control Board Charlotte Ely, Climate and Conservation Specialist, State Water Resources Control Board Kathy Frevert, Climate and Conservation Specialist, State Water Resources Control Board ITEM NO. 9.2. MATERIALS SUBMITTED BY: Marc Marcantonio MEETING DATE: February 13, 2018 February 14, 2018 Via Email and U.S. Mail Chair Felicia Marcus and Board Members State Water Resources Control Board 1001 I Street, 24th Floor Sacramento, CA 95814 Jeanine Townsend Clerk to the Board State Water Resources Control Board 1001 I Street, 24th Floor Sacramento, CA 95814 Re: Comment Letter – Changes to Proposed Regulation Prohibiting Wasteful Water Use Practices Dear Chair Marcus, Board Members, and Ms. Townsend: The agencies denoted represent many of the State’s water users and water right holders who stand to be impacted if the State Water Resources Control Board (“SWRCB”) adopts its proposed “Wasteful and Unreasonable Water Use Practices” regulation (“Regulation”) as currently drafted. Although we very much support the conservation objectives of the Regulation, we believe using waste and unreasonable use as the tool to reach these conservation objectives is problematic and inconsistent with the law. That said, we believe conservation is critical and, as such, have suggested many other ways the Regulation could be implemented. ITEM NO. 9.2. MATERIALS SUBMITTED BY: Marc Marcantonio MEETING DATE: February 13, 2018 State Water Resources Control Board Chair Felicia Marcus Board Members Ms. Jeanine Townsend February 14, 2018 Page 2 As discussed in many of the comments previously submitted, the SWRCB’s authority to determine waste and unreasonable use of water is an adjudicative act that requires due process of law. The Regulation is defective because it has the effect – if not the purpose – of diminishing water rights by legislative means, without any process whatsoever. The Regulation therefore turns the water rights system on its head. Several of the comment letters previously submitted to the SWRCB proposed minor and sensible modifications to the legal framework for Regulation that would have no effect on the substance or objectives of the conservation measures in the Regulation. These comments surgically addressed the serious water rights and due process concerns created by the proposed Regulation. Yet, those comments were ignored in the modified Regulation distributed by the SWRCB on January 31, 2018. The SWRCB should not ignore these significant legal issues, particularly when there are other lawful grounds supporting the proposed conservation measures. We respectfully ask the SWRCB to work with us, and with other water users and interested parties, to make water conservation a way of life in California. To this end, we request that the SWRCB table any action to approve the Regulation at its February 20th meeting, and direct staff to work with us to develop a more defensible legal framework for its proposed conservation Regulation. Thank you for your attention to this matter. We look forward to working with you. ITEM NO. 9.2. MATERIALS SUBMITTED BY: Marc Marcantonio MEETING DATE: February 13, 2018 WASTE & UNREASONABLE USE - 2018 LOGOS: 1. San Juan Water District 2. Nevada Irrigation District 3. West Stanislaus Irrigation District 4. Stockton East Water District 5. South Valley Water Association 6. Banta-Carbona Irrigation District 7. ACWA (Dave Bolland) 8. Twain Harte Community Services District 9. Yorba Linda Water District 10. Grizzly Flats Community Services District 11. Placer County Water Agency 12. Northern California Water Agency 13. State Water Contractors 14. San Bernardino Valley Municipal Water District 15. Mojave Water Agency 16. Calaveras County Water District 17. Zone 7 (Livermore-Amador Valley Water Supply) 18. Three Valleys Municipal Water District 19. Imperial Irrigation District 20. Mountain Counties Water Resources Association 21. Tuolumne Utilities District 22. Modesto Irrigation District 23. Turlock Irrigation District 24. South San Joaquin Irrigation District 25. California Farm Water Coalition 26. Central Coast Water Authority 27. Orange County Water District 28. Central Coast Water Authority 29. Westlands Water District 30. Georgetown Divide Public Utilities District 31. Cucamonga Valley Water District 32. Western Municipal Water District 33. San Joaquin River Water Authority Exchange Contractors 34. SFPUC - San Francisco Power Sewer 35. Merced Irrigation District 36. Tuolumne County 37. Santa Clarita Valley Water Agency 38. Las Virgenes Municipal Water District ITEM NO. 9.2. MATERIALS SUBMITTED BY: Marc Marcantonio MEETING DATE: February 13, 2018 WASTE & UNREASONABLE USE - 2018 LOGOS (Cont’d.) 39. California Farm Bureau Federation 40. Bay Area Water Supply & Conservation Agency 41. Patterson Irrigation District 42. Sacramento Suburban Water District 43. Calleguas Municipal Water District 44. East Bay Municipal Utility District 45. South Tahoe Public Utility District 46. Solano County Water Agency 47. Metropolitan Water District 48. Tahoe City Public Utility District 49. Rincon Del Diablo Municipal Water District 50. Santa Fe Irrigation District 51. Otay Water District 52. Carlsbad Municipal Water District 53. Olivenhain Municipal Water District 54. Sweetwater Authority 55. El Dorado Irrigation District 56. California Water Association 57. Valley Center Municipal Water District 58. City of Poway 59. Padre Dam Municipal Water District 60. Vista Irrigation District 61. El Dorado County Water Agency 62. Regional Water Authority 63. Helix Water District ITEM NO. 9.2. MATERIALS SUBMITTED BY: Marc Marcantonio MEETING DATE: February 13, 2018 ACWA Water Management Committee Meeting February 7, 2018 Agenda Item: California Water Plan Update 2018 Agenda Item: Integrated Regional Water Management (IRWM). Cathy Pieroni (San Diego): DWR wants to enhance the connection of IRWM and SGMA; memo published on March of 2017 with additional information. DWR will publish a “Water Atlas” in 2018 for data management. Agenda Item: Recycled Water – Water Reuse CA Update. Jennifer: Recycled water can be used in medians and verges if installed prior to 2018 (grandfathered) but prevents future use. MWELO draft regulations will come out in March or April. The Recycled Water Policy Update is coming out in March; will require annual reporting which is redundant with many other reports now provided to DWR and other agencies. Updating Contaminants of Emerging Concern (CECs) identifying CEC requirements which are growing and of increasing concern as all sources of water are being looked at for monitoring (including recycled water). Risked Based Framework includes antibiotic resistance concerns. Panel will be reconvened every 3 years instead of 5-7 years. Seawater and Brackish Water Desalination – CalDesal Update Paul Kelley (Executive Director CalDesal): Recent conference in Carmel that was best ever. Huntington Beach project got approval to renew their land lease; still waiting for Coastal Commission approvals. DWR finally released their draft Prop 1 funding grant program recommending $34 million in funding for desal projects. Agenda Item: Headwaters Dave Eggerton: Federal Legislative issue that collapsed in the last hour of discussion. Funds for forest fire suppression were siphoned away, and this needs to be changed. Need to implement legislative measures that fix the mismanagement of our forests especially due to drought and climate change. Trying to find pathways to reach agreement but were unsuccessful over environmental issues. Dave Reynolds has been spending a lot of time on this at Speaker Ryan’s office and others. Little Hoover Commission just released their report on Headwaters Management. Looks to be a good report that captures the problem and has a thoughtful suite of recommendations. Agenda Item: Flood and Stormwater Management Adam: STORMS is the name of the program for capture and use of stormwater. March 8 is the next meeting. Agenda Item: Urban Conservation and Agricultural ITEM NO. 9.2. MATERIALS SUBMITTED BY: Marc Marcantonio MEETING DATE: February 13, 2018 Jim Peifer: AB 1668 and SB 606 are the bills that move some Emergency Water Use Prohibitions to permanent rules. Letters are due Feb 14, and will be an Agenda Item at the SWRCB on Feb 20. Dave Bolland spoke about the slippery slope and problems with the proposed regulation. SWRCB has made some changes responsive to comments by ACWA and the water community. Still have some policy issues that need refinement. We have a big problem with the legal implications. Jennifer Buckman, ACWA Chair of Legal Affairs, expressed concern that waste and reasonable use should be determined on a case by case basis. SWRCB is imposing rules by mandate to all rather than considering case by case basis as the courts mandate. ACWA handed out a draft coalition letter that will be due to the SWRCB on Feb 14; we need to let ACWA know if we wish to sign on by Feb 12. Whitney Wiley legislative analyst for ACWA: 2017 had 9 bills introduced on conservation; two are remaining (SB 606 Hertzberg, AB 1668 Friedman). In December the bill authors had “listening sessions” in which they took comments on several issues which may result in an amendment at any time. 1668 is in rules committee, 606 is on the floor. Nobody is sharing any information about what the plan moving forward will be. SB555 in 2015 required water loss audits in 2017. Max Gomberg was tasked with setting standards of water loss (March 9 stakeholder meeting). We can attend to observe (but not to participate) in the meeting. I brought up a new bill submitted yesterday by Senator Dodd, No. 998 CALWEP (California Water Efficiency Partnership) 916-552-5885 Mary in Sacramento: March 7 event (we are invited) CALWEP.org ; They want our input for this new organization so they are conducting a 2018 Listening Tour, and then will finalize a 3-year Strategic Plan in 2018. Will conduct Peer-to-Peer training in May. Seeking new collaborators and partnerships. Agenda Item: Board of Directors Business and Strategic Plan and Committee Work Plan – Issue Identification and Prioritization. Board will probably pick only 4 or 5 priority goals/objectives. There are a lot of issues on ACWA’s plate. Paul Shoenberger opened up a discussion to brainstorm what goals should be considered by the ACWA board. I spoke up first and raised concern that ACWA needs to be prepared to address all aspects of the “Human Right to Water” philosophy being pushed by the SWRCB. We are already experiencing crisis management regarding this on things like the Senator Dodd bill 998; Morring’s SB 606 utility tax on water bills; etc. The committee thought this was a good topic. Sustainability and the SGMA 2020 Plan. Mentorship of small water utilities by large water utilities for grant writing. ACWA input to the SWRCB Bay Delta Water Quality Control Plan. ACWA be involved in discussions about the AB1755, DWR putting out a report on water data. DWR is in middle of organizational changes; how will this affect funding applications in process for years, and other DWR issues like DeSal, etc. ITEM NO. 9.2. MATERIALS SUBMITTED BY: Marc Marcantonio MEETING DATE: February 13, 2018 Agenda Item: Committee Organization. Dave Bolling: What type of workgroups/subcommittees would we like to assemble to work various water management committee issues going forward? Below are a list of current groups: Water Transfers Storage IRWM Subcommittee Recycled/Reuse Water Committee Urban Water Conservation (WUE) Ag Water Conservation Seawater Intrusion Stormwater Headwaters Implementation Workgroup Agenda Item: Spring Conference Programs Dave Bolling previewed some program ideas such as “Using LIDAR to measure snowpack and predict water volume stored as snow.” Ideas were solicited by the group: DWR provide information about what they are doing for water data management. Streamlining water transfers. Unintended Consequences of Water Conservation (Water Quality, Sewer Flows, Wildfire, etc.). This was a very popular topic for the next conference. Future meetings: May 8 (spring conference), Aug 15, Nov 27 (fall conference). ITEM NO. 9.2. MATERIALS SUBMITTED BY: Marc Marcantonio MEETING DATE: February 13, 2018 • Will take place from 2017 - 2021 • Contaminants grouped within six categories: - Cyanotoxins (10) - Metals (2) - Pesticides (9) - Alcohols (3) 30 Contaminants - Semivolatile Organics (SVOCs) (3) - Haloacetic Acids (HAAs) (3 groups) mi:;:; ;:i:i 0 C4H,N,O2 ••�•••�•••�•�•�•• C e HCI e O Pb C,HF130,S C12 H 1404 TKN C1^2 C e He CI 3 NO3S C to H 2 O! C,H,C12 C to H O 3 Se C,H12O C,H,N20 C 6 H 10 O C14 H O N 20 C e H N-NITHROSO PERFLUORO HEXANE DIETHYL PHTHALATE TOTAL KTELDAHI BENZO(A)ANTHRACENE CAFTAN DIETHYLSTILBESTROL OCIRSO-1,3- ESTRIOL SELENIUM METHYL TERT-BUTYL N-NITROSOMETHYL PENTANAL SIDURON TOTAL XYLENES( M.Pb OI PENTACHLOROPHENOL LEAD DICHL PROPENE ETHER ETHYLAMINE MORPOLINE SULFONIC ACID NITROGEN ITE . 11.11. TOTAL C„H,F,O,S C H NON C,H74N20 C HBr O C H CIN C H O CH CI NH-N C H O C H O C H CI C,H,N,S CS, C'16H2204 TRIHALO- C12Hap 13 7 2 3 2 7 12CIN, 7 14 x 2 l 2 4 a 2202 0 11 7 LRICYGLAZOIE CARBON DISUI"(IF DINPUTYI VHIHAL 'LAT[ ACENAPHTHYLENE PERFLUORO BUT BENZO(A)PYRENE NITRATE NITROGEN N.NITROSODI-N TRIBROMOACETIC ACID SIMAZINE HEPTANAL METHYLENE CHLORIDE AMMONIA NITROGEN ACETALDEHYDE ESTRONE I�. - -'ii r•. -. METHANES SULFONIC ACID PROPYLAMINE C,H170 C'20H12 C10 H6CIe Si01 C19 28 H 02 C H9 NO2 Cu C12 H11 NO2 C9 H CIN6 C6 11 H O Be Cl4 H CINO2 C70 H CI1 O4 P C6 H10 2 N O C7HF„02 C H N S S2 •.•I T,I BENe B 6 CHLORDANEALPHA SILICA TES105TERONE aCFTAMINOPHEN COPPER CARBARYL CYANAZINE DIISOPROPVL ETHER BERYLLIUM ACEIOCHLUN STIROFOS N�NITROSOPIPEflIDINE PERFLUORO HEPTANOIC BENZO(B) CHLORDANE SIMETETRYN I FLUORANTHENE ACID 4 } AS C2CI,N C2H,N20 C H NOS C19HIS N3OB C6CI6 C2z H C.CIe CNH12Na CB 19 H 02PS1 C,CI6 C2H,NS C4 He x N O V C3 1 H 02 C19 xH 02 IRICHLORO NNITROSO- ] 11 2 2 HEXACHLOROCVCLO BENZOIKI HEXACHLORO- METHYL .:ETONITRILE DIME-HYLAMIN! AI DICgflp IOPROMDE HEXACHLOROBENZENE BFNZO(G,1-TI)PERYLENE PENTADIENE FLUORANTHENE SODIUM ETHDPROF BUTADIENE ISOTHIOCYANATE NNITROSOPVRROLIDINE VANADIUM METHYLGLYOXAL EQUILIN C H CN CHCIOS C H NO CHO C H NOS Co CH O CH NO PS CH O C H NO CH NOPS Fe C,HF,,02 CH C HCI 16 t0 9 6 6 l 15 11 22 TURBIDITY 3 6 11 21 6 10 6 12 3 2 6 11 12 15 l B 10 5 PFRFLUORO NONANOIC e e 10 s 9 LUORANTHE Nr CIANIDE FN:,)SULFANI I:'L ANTIN ACETONE CYCLOATE COBALT CYCLOHE%ANONE DIMETHOATE ETHYL TERT BUTYL ETHER CARBOFURAN METHYL PARATHION IRON ACID STYRENE TRANS-NONACHLOR C H CIO CCI, DACTHAL ACID C H C H CINO UVA C H C H O C2H,C102 DOC C H CIF N O C,H220,P2S, C„H„CI,O, C„H,CI: C„H„F,N20 NOS C10H12N20s 10 1004 15 22 2 0 10 s 24 1 9 2 102 fI UOMETURON NITRATE DINOSEB CARBON METABOLITES DIMETHYL PHTHALATF MFTOI ACIII OR ULTRAVIOLET ET„yLBEN2ENE 4-NONYLPHENOL MONOCHLOROACETIC DISSOLVED ORGANIC DIFLUBENZURON TETRACHLORIDE ABSORBANCE ACID CARBON S C2HCI302 C4H4Cl2 C12H1,Cl2N0 C,SH,2N20 C14H7CIF,N05 C„H,6CI02PS3 C9H„BrN202 C12H6CIF,N,O C,H4CI202 C,BH6CI, Zn CSHSCI3N20S C12H20N402 C6H,4N40S C xxH 420 C 4 eHF isO x C toH nN303S . 1ZCa DICHLOROBENZENE PRONAMIDE REar.t A,'h P�NF aL'�LUGHFEN iRITHIi]N BROMACIL NORFLURAZON DALAPON Il+LiIRDa NE ZINC EIRI UTAZIII! IIEXAZINONI METRIBUHIS(2 ETHYLHEXYL) PERFLUORO OCTANOIC -RI/;HI OROACE TIC ZIN ADIPATE ACID SULFAMETHO%AZc�ll aC D B C,H16N102S NO3+NO;N C,H2104PS3 Mg C3H,N C24H3e04 Mn C,6H,C1404 C,7H12C12N,0 C34H3804 TOTAL CIO; C,H760 C12H14N202 C6H1fN40S "ON METHOMYL NE NITRO TERBUFOS SL'LFONE MAGNESIUM ACRYI ONITRILE HIS PHTHALATE EXYL) MANGANESE DCPA DACTHAL FENARIMOI. DIN OCTYI.PFITHALATE COLIFORM I HLORITL OCTANAI PRIMIDONF TEBUTHIUROh C'ORROSIVITY NITRITE NITROGCN PHTHALATE C12H,CI, CH CI C H O C12H„NO C H CI O C H N C H N C HCI C H F N C,H,CI20 C H C H O 3 6 tI 10 5 7 9 19 204 a 10 402 10 6 e 13 16 3 304 C7H„N303S �� 12 C17H25NO2 SURFAC- 6 ,4 C9H„CIN 202 C2HCI, 2'2'33.4'4'6 CHLOROMETHANE HEXANAL NTOLLAHYL M HEP'ACILOR EPO%ID! MEPROBAKIATE CAFFEINE CHLORDANE-GAMMA TRIFLURALIN HIS(2-C ETHER THYL) OIALIYI INDFNt1 2 i I.DI TCI I r t(: If I TANTS iFP.T AMY:r:tETH vI. HEPTACHLOROBIPHENVL TOIUaMIDE ETHER PYkFNF ET-EP TERBACIL TRICHLOROETHENE C H BrC10 CHCI C4H102 C12 C12H,C12 z z = z z z Ag C,H40 C14H 6N403 C12H2,N201PS C9H„NOS Ba C 9H2613N,09 C 6H 7N0 C,H B C BH 9N50 SOaz CCI,F RICHLORO- VINVLACETATE FREE CHLORINE 2.3-DICHLOROBIPHENYL BROMOCHLOROACETIC TRANS ETHEN1,2 HLORO- SILVER ACROLEIN TRIMETHOPRIM DIAZINON MOL INATE HAHIUM IOHEXOL DIPHENAMID O-XYLENE PROMETON SULFATE TOROMETHA ACID ETHENE FLUOROMETNANE C12H4C14 C15 H22 O3 C12H15N04 TI C,H,CI CH 3C13 C8 H6 Br C2HBr2C102 UVT C12 H 12 2 Br N 2 C 13 H 10 TRUE COLOR C2H,Br02 C,H,CIO,S C H N S C2CISF3 C H NO PS 2 2,1:4,4- 3 CMLORODIBROMO- ULTRAVIOLET PERCENT MONOBROMOACETIC PARA.CHLOROBENZENE 10 79 6 TRICHLORO- 10 14 6 TETRACHLOROBIPHENVL GEMFIBROZIL HYDRO%YCARBOFUPAN THALLIUM 2CHLOROTOLUENE 1.1,1-TRICHLOROETHANE BROMOBENZENE ACETIC ACID TRANSMITTANCE 6254 NM DIOUAT FI IIORFNF (FILTF RED; PROMETRYN PARATHION ACID SULFONIC ACID TRIFLUOROETHANE C2 2 H CI2 O2 Crre CI He O C16 H20 O2 C6 12 H O C7 H11 N2O3S SUSPENDED CHCIF2 C2 H2 Br2 O2 C9 70 H CI2 2 N O2 Ct0 H6 C9 H14 O C,HF„O,S C+2 11 H CI2 2 N EC C H O C HCI O HEXAVALENT CHLORODIFLUORO- PERFLUORO OCTANE ELECTRICAL 27 30 2 12 7 3 2 DICHLOROACETIC ACID CHROMIUM BUTANAL EPITESTOSTERONE 2HE%ANONE ALDICARB SULFO%IDE SOLIDS METHANE DIBROMOACETIC ACID LINURON .aPrITHALf NF ISOPHOPONE SULFONIC ACID PARAOUAT CONDUCTIVITY PROGESTERONE TRICLOSAN - C.H.CI C H C,H,CI,O C22H14 ORGANIC-N C HCI C2HBrCIN TOTAL C H N S C H CI O S C HCI C H UVA/TOC C H N S C H CINO C H O Sb 74 70 1,1,1- DIBENZO(AH) 12 H,CI, BROMO,.'.,I ALKALINITY 9 17 3 9 6 6 3 3 8 2 9 12 UV ABSORSANCE/TOC 10 19 s 11 1{ 4 10 PHENANTHRENE TRIC HLOROPROPANONE ANTHRACENE ORGANIC NITROGEN ALDRIN ACETONITPTI (AS CaCO.) AMETRYN ENDOSULFANDICHLOROPROPANE SOPROP'ILBFNZENE (UNFILTERED)RATIO TERBUTRYN PROPACHLOR TERT BUTYL ALCOHOL ANTIMONY 1 CIO,- C,H,CI, OH- C H C H C HBr N CH2BrCI CHCI CHBr2CI Mo CH O C H C H F NO C12H,CI, I 10 1802 z 2 BROMOCHLOPi 3 2 15 1602 17 16 ] C10H71 C,H60 C14H16CIN,02 •+LOP.ATE I.DICHLOROETHANE HYDROXIDE ANTHRR ACENE SUPROFEN DIBROMOACETONITRILE CHLOROFORM DIBROETHANE RO MOLYBDENUM FORMALDEHYDE BISPHENOLA FLUOXETINE POLYCHLORINATEO TERT-BUTYLBENZENE PROPANAL TRIDEMEFON METHANE METHANE BIPHENYLS C,H,C14 C H 14 N 104S 1,1,1,2 TOC C10HnO ALDICARB SULFONE TETRACHLOROETHANE TOTAL ORGANIC DECANAL CARBON C2 DIBRO O C2"'Br2 MICROBES ORGANIC INORGANIC TETRAB OMO CHC,O 1,2-DIBROMO� 12-DIBROMOETHANE 16 1{ 2 3 CHLOROPROPANE BISPH ROMO CHLOROBENZILATE BISPHENOL A C14H22N203 HCO3 Microorganisms, including certain COMPOUNDS CHEMICALS c H cl o P ATENOLOL BICARBONATE C2C14 a C 3 4 PERCHLOROETHENE TRISPHOSPORETHVL bacteria and viruses that indicate the PHOSPHATE possible presence of pathogens. Naturally occurring and man-made Chemical contaminants that are C6H4CI604S C2H4Cl2 C,H,CI C9H,N40S r' ENDOSULFAN SULFATE 1,2-DICHLOROETHANE pollutants that all contain carbon. mainly metals, minerals, trace CHLOROBENZENE THIDIAZURON 1 elements, and salts. C2H,CI, C„H14F,NO 1.1.2.TRICHLOROETHANE FLURIDONE C14 H CI cHCI c H DETECTING THINGS IN WATER 11 10 / 6 6 6 to 2402 4.4'DDD HCH BETA 178 ESTRADIOL Mr I Continuous monitoring and testing Cd c H CI c H 0 c H 7C1101 c,H,CI20 C HBrCI O c H CI helpidentify possible water quality 1s s s 10 s 6 7 ] 3 I,I.DICHLORO- FECAL BROMODICHLORO F C12H6C16 2 2 + C2HC12F, C,H,B C17H2,NO2 C72 FLH,CI5 C6H,= Y lit p q Y CADMIUM 4.4 DDT 1-NAPHTHOL 2,4,5-TP COLIFORM UORIDE PCB 1,1,2,2 2-PROPANONE ACETIC ACID TETRACHLOROETHANE FREON 123A MPXYLENE NAPROPAMIDE PCB1016PROPYLBE issues and allow OCWD to act quickly PO4 to address them. CHCI CHCI Br0 C11,15, CHBrCI C H CI O CCI NO C H O H O CHCI C H O C H NOS C2 2 2 8 1 2 3 C HCI C H N O BROMODICHLORO lx 6 s 11 14 , 10 21 x.4s. 11 e { t1 u x s a e 2 2 3 z e to s x t IDIGiI.nRrIE"HFrlf 13-DICHLOROBENZENE BROMATE TRICHLOROBIPHENYL 4,4'.DDE ASPARTAME METHANE CHLORONEB CHLOROPICRIN ENDOTHALL HYDROGEN PEROXIDE PCB-1242 NAPROXEN VERNOLATE P PHENOL- C12H,CI,O CHBr, C12H2C1, C,H,CI201 C,H, C,H,C12 C,H,CI20, Ca C HCI C H O C H CINO PHTHALEIN C,2H,C1, ENDRIN BROMOFORM ZZ,33;ROBI H Z4-DIACETIC PHENO%Y- 1,3.BUTADIENE PH 1.3 DICHLOROPROPANE DICAMBA CALCIUM I I-DICHSOROPROPENE GLYOXAL 1ALACHLOR 2 ALKALINITY PCB 1232 DICHLOROD OCTACHLOROBIPHENYL ACETIC ACID (AS Cac0,) M C,H,CI, Ni C11H,CI, CHCI NO Cj9Hn02 C HCI N 1.2.3- 22',3',4,6 14 " 2 2 4 ANDROSTENES, C,H14CIN5 CH C,BH12CIN02 : z C H NO P C H CI O C H NO S C H N O CHOPS C DICHLORO- 3 0 5 12 0 6 17 16 2 20 70 2 5 10 19 6 2 le TAICHLOROBENZENE NICKEL PENTACHLOROBIPHENYL DICLOFENAC ATRAZINE BROMOMETMANE CHLORPROPHAM GLYPHOSATE FNDRIN ALDEHYDE METHIOCARB NEOTAME MAIATHION PYRENE 17-DIONE ACE7ONILPIL[ K ,4 H O C1tH.5.6 DI TE N LU CO,-,I C H N C H CINO C H CI O P C H CIN C H CI O HALOACETIC COD C H NO CH Br C H CI O C H Br' 4 1 2 2.2:4,4:5.6' 7 e 2 / 36 72 2012 17 26 2 4 7 11 9 16 5 12 B 6 6 5 2 2 2 21 20 2 3 7 e POTASSRIr.I 1,4 DIOXANE 2b DINITROTOLUENE CARBONATE AZITHROMYCIN BUTACHLOR DICHLORVOS PROPAZINE ENDRIN KI TONE ACIDS FIVE CHEMICAL OXYGEN NITROBENZENE DIBROMOMETHANE TOTAL PFkMFTHRENC1201 TOLUENE BROMIDE HE%ACHLOROBIPHENYL DEMAND C6HCI3 02 IODOR 121 7AIEN TOTAL C„H,CI C10H14 C11H15NO3 CIO C6H12 C6C14N2 CHCI C H CIO C,H,6N20 C,H,C12 TRICHLOROBFNZENt 1 .STRADIOL 2-CHLOROBIPHENYL 4ISOPROPYLTOLUENE BAVGON PERCHLORATE 1,2,4 TRIMETHVLBENZENE CHLOROTHALONIL THRESHOLD ODOR 9 8 6 16 16 3 2 NNITROSODIETHYL TOTAL 13-DICHLORO- GCI NOi N C2H,CI CHLORINE NUMBER HCH ALPHA METHOXYCHLOR AMINE PROPENE GADOLINIUM NITRITE NITROGEN VINYL CHLORIDE C,H,C16 C10H2,02 C,H,CI, Sr C,4H220 C,6H1$N203S C„H21NOS C6H„CI,NO3PS C,H,N204 C,H16NOS C9H12 C4 H.0 Hg C12 C H O C12 II I;FI I•. 17A.ETHYNYLESTRADIOL Z2.DICHLOROPROPANE STRONTIUM 4 N-OCTYLPHENOL BFNTAZON BUTYLATE CHLORPYRIFOS 2,4.DINFTROTOLUENE EPTC LAS TRIMETHYLEENZENE METHYL ETHYL KETONE MERCURY PCB 1260 6 PHENYLPHENOL PCB 1754 6 E.COIF 1 1 , A - • 1 C H C H O C HCI NO C HCI C H O C+9Hx00• C H C H CI O C3H4Cl2 C HCI CBH+,N20 C H NOS C HCI N,0 C H.0 10 14 7 6 9 9 2 2 6 14 u BUTYLBENZYL 1e 12 1Z e e TRANS 1,3 6 6 B V NITRO 30DI-N 10 U 6 3 3 2 14 u N-BIJfYLBENZENE BENZALDEHYDE PROPANII CHLOROETHANE I-TER7.00TYLPHENOL PHTHALATE CHRYSENE DIELDRIN DICHLOROPROPENE HCHGAMMA BUTVLAMWE PEUULnTE PICLC TOTAL OCTYLPHENOL C3H,Cl3 C H C H C H CI N O C2H2C12 C HCI C H NO C H NOP C H O C H C,H.0,P C9H1eO 1.2,3 2 10 6 6 e 10 2 2 CIS 12 10 9 ] Y" 67 N B 10 6 4 6 0 ld MEVINPHOS NONANAL TRICHLOROPROPANE ACENAPHTHENE BENZENE DIURON DICHLOROETHENE HEPTACHLOR EflYTHROMYCIN METHYL PARAOXON CROTONALDEHYDE SEC BUTVLBENZENE C4 202 CHCI O� C,HF1303S C H O C H C HCI NOS C H O C3H4Cl2 C H O C,H130 C,H,N20 C,H+,O C14H.N20 CBH,B N-NITROSO- 8 5 PERFLUORO HEXANE 12 ld / 16 12 B B 3 2 16 20 2CIS 16 2403 METHYL TERT-BUTYL NNITROSOMETHYL- PENTACHLOROPHENOL DIETHYL PHTHALATE BENZO(A)ANTHRACENE CAFTAN DIETHYLSTILBESTROL OROPR- ESTRIOL PENTANAL SIDURON TOTAL XYLENES(M,R60) MORPHOLINE SULFONIC ACID DICHLOROPROPENE ETHER ETHYLAMINE IN TOTAL C„H,F,03S C H C,H„N,O C HBr O C H CIN C H O CH CI C H O C H O C H CI C,H^S CS2 C16H22O4 TRIHALO- He PRFLUORO BUTANE x0 12 N-NIIROSODI N- 2 3 2 ] 12 6 7 14 2 Z 2 • B 22 2 0 11 ] TRICYCLAZOLE CARBON DISULFIDE DI N BUTYLPHTHALATE METHANES ACENAPHTHYLENE SULFONIC ACID BENZO(AjPYRENE PROPYLAMINE TRIBROMOACETIC ACID SIMAZINE HEPTANAL I.tI .TIE CHLORIDE ACETALDEHYDE ESTRONE TOXAPHENE MIXTURE C,H120 C20H12 C HCI C H O C H NO C H NO C H CIN C H O C H CINO C H CI O P C H N O CHF O METHYL ISOBUTYL BENZO(B) H, 6 B 19 2e 2 0 9 2 12 11 z B 13 6 8 14 N M 2 10 9 4 1 9 10 2 PERFLUORO HEPTANOIC CeH1sNsS CHLORDANE ALPHA TESTOSTERONE ACETAMINOPHEN CARBARYL CYANAZINE DIISOPROPYL ETHER ACETOCMLOR STIROFOS N-NITROSOFIPERIDINE ACID SIMETRYN KETONE FLUORANTHENE C2C13N C2H6Nz0 C H NOS C H I N O CCI C=H CsCle C20H12 C H O PS C4 1, C2H,NS C H N O C H O C H TRICHLORO N-NITROSO ] +• 2 2 1B 24 3 3 8 C'Cl. T2 12 HEXACHLOROCYCLO- BENZO�K� B 19 2 1 HEXACHLORO- METHYL 4 e 2 3 / 2 16 2002 ACETONITRILE DIMETHYIAMINE ALDICARB IOPROMIDE HEXACHLOROBENZENE BE NZO(G,H,I)PERYLENE pENTADIENE FLUORANTHENE ETHOPROP N-NDROSOPYRROLIDINE METHYLGLYOXAL EQUILIN BUTADIENE ISOTHIOCYANATE C H CHCIOS C H NCHO C H NOS CH O CH NO PS CH O C H NO CH NOPS CHF O 16 10 9 6 6 3 16 12 202 TURBIDITY 3 6 ++ 21 6 10 9 12 3 2 6 11 1Z 13 3 B 10 6 PERFLUORO NONANOIC C,H, C„H,CI, FLUORANTHENE ENDOSULFAN II DILANRN ACETONE CYCLOATE II)HEXANONE DIMETHOATE ETHYL TERT-BUTYL ETHER CARBOFURAN METHYL PARATHION ACID STYRENE TRANS-NONACHLOR C H OPS C H CI O C HCI C•H]CIO C H F N O C H N O CCI, DACTHAL ACID C H O C H CINO C H C H O C2H3C102 C H CIF N O 9 22 1 2 1 12 19 3 B 6 4 2 2-CHLOROETHYLVINYL 10 11 3 2 10 12 2 6 CARBON METABOLITES +0 10 4 13 22 2 B 10 13 N MONOCHLOROACETIC 14 9 2 2 2 ETMION SUCRALOSE li-DICHLOROBENZENE ETHER FLUOMETURON DINOSEB 7ETPACMLORIDE DIMETHYL PHTHAIATE METOLACHLOR ETNYLBENZENE 4-NONYLPHENOL ACID DIFLUBENZURON C HCI C HCI NO C H N O C H CIF NO C H CIO PS C H BrN O C H CIF N O C H C HCI C H CI N OS C H N O C H N OS C22H4204 C,HF,102 C H N OS C2HC1302 6 4 2 12 IIC12 13 12 2 ,. ] ] 6 11 16 2 7 9 13 202 12 9 3 3 3 4C'202 10 6 e 6 9 3 2 12 20 402 8 l4 4 BIS(2-ETHYLHEXYL) PERFLUORO OCTANOIC 10 11 3 l TRICHLOROACETIC 1,2-DICHLOROBENZENE PRONAMIDE CARBAMAZEPINE ACIFLUORFEN TRITHION BROMACIL NORFLURAZON DALAPON CHLORDANE ETRIDIAZOLE HE%AZINONE METRIBUZIN ADIPATE ACID SULFAMETHO%AZOLE ACID C H NOS C H OPS C H N C24H3eO4 C„H,CI404 C17H12C12N20 C24H3804CBH„O C11H14N202 C,H16N,OS 9 10 202S 9 21 4 3 3 3 BIS(2-ETHYLHEXYL) METHOMYL TERBUFOS SULFONE ACRYLONITRILE PHTHALATE DCPA DACTHAL FENARIMOL DI-NOCiVL PHTHALATE OCTANAL PRIMIDONE TEBUTHIURON C 2H,CI7 CH CI C H O C12H17N0 C H CI O C H N O C H N O C HCI C H F NO C4H,CI20 C H NOS C22H12 C H NO C.H140 C,H13CIN202 C2 HCI, 2.7.3.3;d,4,6 3 6 12 N,N-DIETHYL-M- 10 8 ] 9 16 1 1 B 10 4 2 10 6 B tl 16 3 3 4 BIS(2-CHLOROETHYL) ] 13 3 3 INDENO(1,2.3 CD) +T is 2 TERT-AMYL METHYL CHLOROMETHANE HEXANAL TOLUAMIDE HEPTACHLOR EPDXIDE MEPROBAMATE CAFFEINE CHLORDANE-GAMMA TRIFLURALIN ETHER O%AMYL PYRENE TOTAL MGK 264 iERBACIL TRICHLOROETHENE ETHER HEPTACHLOROBIPHENYL C4H,02 C12H,C12 C2H2UAMIDE C2H2Cl2 C H O C H N O C H N O PS C H NOS CHINC H NO C H C H N O CC13F BflOMOCHLOROACETIC TRANS-12 DICHLORO- 3 • 1d 1B 4 3 12 21 2 3 9 1] 19 263 309 IP i] CAB 10 19 8 VINYL ACETATE 2,3-DICHLOROBIPMENYL gCID IZ DIC ACROLEIN TRIMETHOPRIM DIAZINON MOLINATE IOHEXOL DIFHENAMID O-XYLENE FROMETON FLUOROMETHANE C HCI C12H„N04 C HCI C HCI C H Br C2HBr2C102 C H Br N C H C H Br0 C H IN� S C CI F WA1 C2 3 z 6 s C H NS z 3 ,, C H NOPS 12 6 4 C1SH22D3 ] 7 2 3 3 6 5 CHLORODIBROMO- 12 1Z 2 2 13 10 MONOBROMOACETIC PARA.CHLZENE 10 19 9 TRICHLORO +0 A 9 2,2.4.4 GEMFIBROZIL 3 2-CHLOROTOLUENE 1,1.1-TRICHLOROETHANE BROMOBENZENE ACETIC ACID DIOUAT FLUORENE ACID SULFOID PROMETRYN TRIFLUOROETHANE PARATHION TETRACHLOROBIPHENYL HYDROXYCARBOFURAN C HCIO C H O C H O C H O C H,NOS CHCIF2 C HBrO CH CIN O C H C H O C,HF703S C H C H O C HCIO 2 2 2 2 1 1 19 28 2 6 12 ] 1 2 3 CHLORODIFLUORO- 2 2 2 2 9 B 1 2 2 10 B 9 14 PERFLUORO OCTANE /2 2 21 ]0 2 12 7 3 2 DICHLOROACETIC ACID BUTANAL EPITESTOSTERONE 2-HEXANONE ALDICARB SULFOXIDE METHANE DIBROMOACETIC ACID uNURON NAPHTHALENE ISOPHORONE $ULFCHIC ACID PAPROGESTERONE TRICLOSAN CHCIO C H C,HBrCIN CH NS CHCIOS CHC. CH C S CHCINO CHO �.`HCI C. H 3 3 ] 22 11 C12H,C16 91] 99663l62912 10 11111 107 ] 14 10DIBENZO(AH) BROl.IOCHLORO- AMETRYN ENDOSULFANI 1,2-DIGHLOROPROPANE ISOPROPYLBENZENE TERPROPACHLOR TERT-Bl!(YL ALCOHOL4CHLOROTOLUENE PHENANTHRENE ALDRIN ACETONITRILETPoCHLOROPROPANONE ANfHPACENECHCI C H C H O CHBr N CH,BrC1 CHCI 2CHO CHO CHFNO C13CH CHO CHCINO2 • 2 l4 10 13 18 2 2 2 BROMOCHLORO- 3 DIBROMOCHLORO- 2 16 16 2 17 183 POLYCTED 10td 36141632I,1DICHLOROETHANE ANTHRACENE IBUPROFEN DIBROMOACETONITRILE METHANE CHLOROFORM FORMALDEHYDE BISPHENOLA FLUO%ETINE BIPTERT"BUTYLBENZENE PROPANAL TRIDEMEFON CHCI C„H2OO C2 z 4 C7H14N204S DECANA._ 1,1.12 ALDICARB SULFONE TETRACHLOROETHANE C,H,Br2Cl CHBr I ROBE ORGANIC INORGANIC �'E"aBM°°2 �LHoBENZ°E 1,2 DIBROMO- 2 • z ...PHENOL.. 3.CHLOROPROPANE +•I-DIBROMOETHANE COMPOUNDS CHEMICALS C2C14 CH CIDP 6 u 3 4 C H N PERCHLOROETHENE TR152CHLORETHvI 1/ z2 203 _- PHOSPHATE ATENOLOL Naturally occurring and man-made C,H,CI,04S C2H4Cl2 C,H,CI C,H,N OS EN C,H,ANSULFATE 1.2-DC2HLICTHANE pollutants that all contain Carbon. CHLOROBENZENE THIDIA_. C2H,CI3 C1,H,4F,NO 1,1,2-TRICHLOROETHANE FLURIDONE DETECTING THINGS IN WATER C14H10C14 C6H6CI' C16H2402 4,4'DDD HCH BETA I7B.ESTRADIOL Continuous monitoring and testing C H CI O C HBrCI O C,H,CI4 C HCI F C H C H NO C H CI C H help identify possible water quality C14H,C1, C C,H,CI30, 3 4 2 2 2 2 C12H,C1, 2a 2 Z 3 a 10 17 21NO2 12 3 5 9 12 issues and allow OC�'v7ll to act quickly DICHLORO BROMODICHLORO- PCB-1240 FREON 123A M,P-XYLENE NAPROPAMIDE PCB-1016 PROPYLBENZENE 4.4 OCT .NAPHTHOL 2,4,5 TP 2.PROPANONE ACETIC ACID TETRACHLOROETHANE to address them. THI n C12H,CI3 C HCI C H N O CHBrC12 CHC 102 CCI NO C H O C H CI C H C H NOS C2H2Cl2 Ci,H4Cl2 245 4 B 4 / 18 Z 3 BROMODICHLORO 6 8 2 3 2 8 10 5 11 6 5 1401 21 1,1-DICHLOROETHENE I,SDICHLOROBENZENE 4,4,DDE ASPARTAME CHLORONEB CHLOROPICRIN ENDOTHALL PCB-1242 NAPRO%EN VERNOIATE 7RICHLOROBIPHENYL METHANE C H CI O CHBr3 C12H2CIs C,H,C1203 C4H, C3H6C12 C8H6C1203 C3H4Cl2 C2HA C„H2OCIN02 C 2H5C1, CC12F2 12 e 6 2,4-DICHLOROPHENOXY 1,3.BUTADIENE 1,3-DICHLOROPROPANE DICAMBA 1.1DICHLOROPROPENE GLYOXAL ALACHLOR PC81232 DICHIORODIFLUORO ENDRIN BROMOFORM OCTACHLOROBIPMENYL ACETIC ACID 0 METHANE C,H,,C13 Ct2H,CI' H1CI to3 -CH0 , C 9H 14CIN5 CH 3 Br C 10 H tI CINO2 C2HC12N C l H e NO 6 P C H B CI 6 O C H 16 NO 2 S C 20 H 3 N 2 OB C10 HO6 PS2 C 16 H10 C 12 H 16 CINOS C 12 H 2.23;1.6 C14 1 HANE CHLOflPROPHAM DICHLORO� GLYPHOSATE ENDRIN ALDEHYDE MET/10CAR8 NEOTAME MALATHION PYRENE THIOBENCARB F � DICLOFENAC ATRAZINE BROMOMETACETONITRILE I9 CI s I TRICHLOROBENZENE PENTACHLOROBIPHENYL 17-DIONE C12H4CIs C H N O C H N O C H CINO C H CI O P C H CIN C H CI O HALOACETIC C H NO CH Br C H CI O C H 1,4DIOXANE 2.2',44'.5.62,6-DINITROTOLUENE AZI THROMYCIN BUTACHLOR DICHLORVOS PROPAZINE Ci411,02 7 6 2 1 ]2 2 12 17 2 4 7 2 1 9 16 5 ENDRIN KETONE ACIDS FIVE NITROBENZENE DIBROMOMETHANE TOTALP RMETHRIN TOLUENE ' HEXACHLOROBIPHENYL CHCI CHCI C H CI O CA.1,120 C3H4Cl2 C2H,C1 e 3 3 C H O C12 CI C„H14 C„H„NOS c9H12 CPA 6 6 6 16 19 3 2 N-NITROSODIETHYL. TOTALI,3.DICHLORO- 1B 24 2 HCH METHO%VCHLOR VINYL CHLORIDE 1,2.4- 1]A-ESTRA02 2-CHLOROBIPHENYL 41SOPROPVLTOLUENE BAYGON 1,2,4-TRIMETMYL.ENZENE CHLOROTHALONIL AMINE PROPENE TRICHLOROBENZENE A , C'�YeL'(�yB{�L�/' C}H,CIz C14H220 C10H12N203S C„H,,NOS C,H„CISNOSPS C,H6N204 C,H„NOS C9H72 C4HBOC12H,CIs C12H100 C,2H,CI5 1(. v, r-a ��+ R � 4-N-OCTVLPHENOL BENTAZON BUYATE CHLORPYRIFOS 24 DINITROTOLUENE EPTC 3,5-TRIMETHYLBENZENE METHYL ETHYL KETONE PCB-1260 PHENYLPHENOL PCB-1251 DEl to 11 ETHY L OL 22 DICHLOROPROPANE 1 � �