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Home My WebLink About2018-12-11 - Board of Directors Meeting Agenda Packet AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, December 11, 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. SEATING OF DIRECTORS 5.1. Administer Oaths of Office to Newly Elected Directors 5.2. Reorganization of the Board of Directors and Appointment of Officers Recommendation: That the Board of Directors: (1) nominate and elect a President; (2) nominate and elect a Vice President; and (3) appoint staff to serve as the Secretary, Assistant Secretary and Treasurer for the next calendar year. 5.3. Adjourn to Yorba Linda Water Public Financing Corporation and Financing Authority Regular Meetings 6. INTRODUCTIONS AND PRESENTATIONS 6.1. Elected Official Liaison Reports 7. 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. 8. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 8.1. Minutes of the Board of Directors Workshop Meeting Held October 30, 2018 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Special and Regular Meetings Held November 13, 2018 Recommendation: That the Board of Directors approve the minutes as presented. 8.3. Payments of Bills, Refunds, and Wire Transfers as of November 27, 2018 and December 11, 2018 Recommendation: That the Board of Directors ratify and authorize disbursements of November 27, 2018 and for December 11, 2018 in the amount of $2,675,536.84. 8.4. Purchase of a New Sewer Camera Truck Recommendation: That the Board of Directors authorize the General Manager to purchase a new sewer camera truck from Haaker Equipment Company in the amount of $263,044.68 8.5. Modifying Certain Classifications and Salary Ranges and Amending the Personnel Manual Recommendation: That the Board of Directors: (1) adopt Resolution No. 18-34 amending Exhibit A of the Memorandum of Understanding between the District and the Yorba Linda Water District Employees Association for the remainder of Fiscal Years 2019-2023; (2) adopt Resolution No. 18-35 amending Section 4.07, Articles 6 and 7, and Exhibit A of the Personnel Manual for Unrepresented Employees for the remainder of Fiscal Years 2019-2023. 8.6. Revised Budgeted Positions for the Remainder of FY19 Recommendation: That the Board of Directors adopt Resolution No. 18-36 ratifying the Budgeted Positions for the remainder of Fiscal Year 2019 and rescinding Resolution No. 18-27. 8.7. Amended Terms and Conditions for Sewer Service with Kurt Metcalf and James Heller, Eureka Avenue, Yorba Linda Recommendation: That the Board of Directors approve the Amended Terms and Conditions for Sewer Service with Kurt Metcalf of 5041 Eureka Avenue, Job No. 201714S, to include James Heller of 5039 Eureka Avenue. 8.8. Notice of Completion for Tract 15199 Waterline Replacement Recommendation: That the Board of Directors authorize staff to file the Notice of Completion for construction of Tract 15199 Waterline Replacement Project, Job No. 2017-24. 9. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 9.1. Revisions to Purchasing Policy Recommendation: That the Board of Directors adopt Resolution No. 18-37 revising the District's purchasing policy and rescinding Resolution No. 17-30. 9.2. Board of Directors Compensation Recommendation: That the Board of Directors review the Directors' current compensation rate and determine if it should remain the same for the next calendar year. 10. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the District’s interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 10.1. Establishment of Committees and Committee, Agency and Intergovernmental Meeting Assignments 10.2. Review Board of Directors' Roles and Sense of Purpose (Hall) 10.3. Performance of Water and Sewer Rate Study and Development of Proposition 218 Notice (Nederhood) 10.4. Formation of Community Facilities Districts for Connecting Customers with Septic Tanks to District Wastewater Distribution System 10.5. Status of Engineering Activities 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. Directors' Reports · Intergovernmental Meetings, Conferences, and Events 11.2. General Manager's Report 11.3. General Counsel's Report 11.4. Future Agenda Items and Staff Tasks 12. COMMITTEE REPORTS 12.1. Interagency Committee with MWDOC and OCWD (Nederhood/Jones) · Next meeting scheduled January 24, 2019 at 4:00 p.m. 12.2. Joint Agency Committee with City of Yorba Linda (Nederhood/Jones) · Minutes of meeting held December 10, 2018 at 4:00 p.m. at YL City Hall will be provided when available. · Next meeting yet to be scheduled. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from December 12, 2018 - February 28, 2019 14. ADJOURNMENT 14.1. The Board of Directors Regular Meeting scheduled Tuesday, December 25, 2018 has been cancelled. The next Regular Meeting will be held Tuesday, January 8, 2019. Closed Session (if necessary) will begin at 5:30 p.m. and regular business at 6:30 p.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District’s business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District’s internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 5.2 AGENDA REPORT Meeting Date: December 11, 2018 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Reorganization of the Board of Directors and Appointment of Officers SUMMARY: Pursuant to Section 6.1(A) of the Board of Directors' Policies and Procedures (Resolution No. 18- 15), a President and Vice President of the Board shall be elected annually at the District's reorganization meeting held at the first regular meeting of the Board in December of each year. Additionally, the Board is required to appoint the Municipal Corporation Officers of Secretary, Assistant Secretary, and Treasurer. STAFF RECOMMENDATION: That the Board of Directors: (1) nominate and elect a President; (2) nominate and elect a Vice President; and (3) appoint staff to serve as the Secretary, Assistant Secretary and Treasurer for the next calendar year. DISCUSSION: The powers and duties of the President, Vice President, Secretary, Assistant Secretary, and Treasurer are set forth in the County Water District Law and the Board of Directors' Policies and Procedures. In summary, the President's duties are as follows: Assume the chair of the Presiding Officer immediately after election. Make committee, agency, and intergovernmental meeting assignments, subject to consent of the Board. Conduct the proceedings of the Board. Sign all ordinances, resolutions and contract documents approved and adopted by the Board. Perform other duties imposed by the Board. The Vice President will serve as the Presiding Officer and perform all of the above listed duties in the absence of the President. The Secretary, or Assistant Secretary in the absence of the Secretary, attests all ordinances and resolutions approved and adopted by the Board, countersigns all contract documents approved and adopted by the Board, prepares the minutes of each meeting held by the Board, and performs other duties as imposed by the Board in accordance with governing laws and regulations. The Treasurer installs and maintains a system of auditing and accounting that completely and at all times shows the financial condition of the District, and also performs other duties as imposed by the Board in accordance with governing laws and regulations. A member of the Board cannot serve as the General Manager, Secretary, Assistant Secretary or Treasurer. However, the same person can be appointed as General Manager and Secretary or Secretary and Treasurer. The General Manager cannot serve as the Treasurer. There is no additional compensation for serving as an appointed officer if the individual is an employee of the District. ITEM NO. 8.1 AGENDA REPORT Meeting Date: December 11, 2018 Subject:Minutes of the Board of Directors Workshop Meeting Held October 30, 2018 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2018-10-30_-_Minutes_-_BOD.doc Minutes Minutes Minutes of the YLWD Board of Directors Workshop Meeting Held October 30, 2018 at 5:00 p.m. 1 2018-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS WORKSHOP MEETING Tuesday, October 30, 2018, 5:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 5:02 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 John DeCriscio, Operations Manager Phil Hawkins Delia Lugo, Finance Manager J. Wayne Miller Gina Knight, HR/Risk and Safety Manager Rosanne Weston, Engineering Manager Annie Alexander, Executive Asst/Board Secretary Kaden Young, Management Analyst OTHER ATTENDEES Andrew Gagen, General Counsel, Kidman Gagen Law LLP 4. PUBLIC COMMENTS None. 5. DISCUSSION ITEMS 5.1. 5-Year Forecast of District’s Operating Budget Staff provided an overview the following topics: key information associated with Fitch Ratings’ surveillance conducted November 2017; operational costs which had been absorbed; operational cost efficiencies which had been implemented; reserve policy targets and rating agencies’ metrics for maintaining an AA rating; and variables considered during the process of evaluating the need for a potential rate adjustment. Minutes of the YLWD Board of Directors Workshop Meeting Held October 30, 2018 at 5:00 p.m. 2 2018-XXX Staff then reviewed multiple financial scenarios and the projected impact on the District’s water revenue, debt coverage ratio, reserve balances, and credit ratings. Staff also requested the Board consider the development of policies related to future rate adjustments and funding for capital improvements, and the implementation of a 2-year budget cycle. Staff then summarized key elements of the 5-year operating budget forecast including proposed rate adjustments, total capital expenditures, and the projected financial impact on average and high usage residential customers. Staff also noted uncertainties associated with pending legislation, water quality regulatory requirements, and environmental conditions. Staff then reviewed historical retail water consumption and system demand, additional financial scenarios utilizing various rate adjustment and capital expenditure options, historical operating and non-operating water revenues, and parameters considered when projecting the need for a rate adjustment. Discussion followed regarding financing options for capital improvement projects, the timing of and cost involved with conducting a water/sewer rate study, development of an alternate water rate structure, and potentially implementing rate adjustments effective January 1, 2019 and customer notification requirements. 5.2. Historical Projected vs. Actual Revenue Staff presented information on historical water production volume trends including the impact of legislation, drought and precipitation, and the basis for staff’s projected water production volume for FY19. Discussion continued regarding the potential implementation of rate adjustments at the beginning of the year. Director Hall left the meeting at 6:31 p.m. Staff was instructed to prepare an action item for Board consideration at the next regular meeting to consider a potential $0.10 pass-through increase to the water usage (commodity) rate and a minimum 3% increase to the monthly water service rate beginning January 1, 2019. Minutes of the YLWD Board of Directors Workshop Meeting Held October 30, 2018 at 5:00 p.m. 3 2018-XXX The following matters were not discussed. 5.3. Rate Adjustment Methodology and Policy 5.4. Capital Improvement Plan Funding Policy (Pay-Go vs. Debt) 5.5. Implementation of 2-Year Budget Cycle 6. ADJOURNMENT 6.1. The meeting was adjourned at 6:33 p.m. Annie Alexander Board Secretary ITEM NO. 8.2 AGENDA REPORT Meeting Date: December 11, 2018 Subject:Minutes of the Board of Directors Special and Regular Meetings Held November 13, 2018 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2018-11-13_-_Minutes_-_BOD_(A).docx Minutes Minutes 2018-11-13_-_Minutes_-_BOD_(B).docx Minutes Minutes Minutes of the YLWD Board of Directors Special Meeting Held November 13, 2018 at 5:30 p.m. 1 2018-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Tuesday, November 13, 2018, 5:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 5:33 p.m. 2. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Al Nederhood, President Marc Marcantonio, General Manager Brooke Jones, Vice President Gina Knight, HR/Risk and Safety Manager Andrew J. Hall Annie Alexander, Executive Assistant/Board Secretary Phil Hawkins J. Wayne Miller ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP 3. PUBLIC COMMENTS None. 4. CLOSED SESSION The meeting was adjourned to Closed Session at 5:34 p.m. All Directors were present. Also present were General Manager Marc Marcantonio, HR/Risk and Safety Manager Gina Knight, and General Counsel Andrew Gagen. 4.1. 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: Brian Wooldridge v. Yorba Linda Water District (Orange County Superior Court – Case No. 00886870) Minutes of the YLWD Board of Directors Special Meeting Held November 13, 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 v. Orange County Water District, et al. (Los Angeles County Superior Court – Case No. BS168278) HR/Risk and Safety Manager Knight left the Closed Session prior to discussion of the following item. 4.3. Conference with Legal Counsel – Anticipated Litigation Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One Closed Session ended at 6:15 p.m. and the Board of Directors took a recess. The Board reconvened in Open Session at 6:31 p.m. General Counsel Gagen reported that during consideration of Item No. 4.3., the Board voted unanimously to: (1) direct President Nederhood to prepare a letter to the ISDOC Special Selection Committee and others regarding the disproportionate apportionment of OC LAFCO operational costs; and (2) direct President Nederhood to represent the District’s interest in developing a consensus amongst other special districts who may also be experiencing this disproportionate apportionment of OC LAFCO operational costs. He also reported that no action was taken on Item Nos. 4.1. or 4.2. during Closed Session that was required to be reported under the Brown Act. 5. ADJOURNMENT 5.1. The meeting adjourned at 6:32 p.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held November 13, 2018 at 6:30 p.m. 1 2018-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, November 13, 2018, 6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 6:32 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Al Nederhood, President Marc Marcantonio, General Manager Brooke Jones, Vice President John DeCriscio, Operations Manager Andrew J. Hall Gina Knight, HR/Risk and Safety Manager Phil Hawkins Delia Lugo, Finance Manager J. Wayne Miller Rosanne Weston, Engineering Manager Annie Alexander, Exec Asst/Board Secretary Mike Carreon, Facilities Maintenance Worker Kaden Young, Management Analyst ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. INTRODUCTIONS AND PRESENTATIONS 5.1. Elected Official Liaison Reports None. 6. PUBLIC COMMENTS None. Minutes of the YLWD Board of Directors Regular Meeting Held November 13, 2018 at 6:30 p.m. 2 2018-XXX 7. CONSENT CALENDAR Director stated he would need to abstain from voting on Item No. 7.2. as he wasn’t present at the meeting. President Nederhood requested to remove Item No. 7.4. from the Consent Calendar for separate action. Director Hawkins made a motion, seconded by Director Hall, to approve the remainder of the Consent Calendar. Motion carried 5-0 with Director Hall abstaining from voting on Item No. 7.2. 7.1. Minutes of the Board of Directors Regular Meeting Held September 25, 2018 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Workshop Meeting Held October 8, 2018 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Minutes of the Board of Directors Special and Regular Meetings Held October 9, 2018 Recommendation: That the Board of Directors approve the minutes as presented. 7.5. Directors and General Manager Fees and Expenses Report for First Quarter of FY19 Recommendation: That the Board of Directors receive and file the Directors and General Manager Fees and Expenses Report for First Quarter of FY19. 7.6. Notice of Completion for 2018 Sewer Main CIPP Rehabilitation Project Recommendation: That the Board of Directors authorize staff to file the Notice of Completion for construction of the 2018 Sewer Main CIPP Rehabilitation Project, Job No. J2017-37S. Minutes of the YLWD Board of Directors Regular Meeting Held November 13, 2018 at 6:30 p.m. 3 2018-XXX ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 7.4. Payments of Bills, Refunds, and Wire Transfers Staff responded to questions from President Nederhood regarding a few items on the Check Register. Director Hawkins made a motion, seconded by Director Jones, to ratify and authorize disbursements in the amount of $2,744,853.73. Motion carried 5-0. 8. ACTION CALENDAR 8.1. Proposed Water Rates Effective January 1, 2019 Staff reviewed the purpose of the proposed water rate adjustments. Julia Schultz, resident, commented on previous refunds issued to District customers and the timing of the proposed water rate adjustments. Discussion followed regarding pass-through rate adjustments, reserves, cost of service, and the District’s current water usage rate in comparison to neighboring agencies’ rates. President Nederhood read a prepared statement listing his concerns and recommendations as related to the proposed water rate adjustments. Discussion continued regarding customer notification requirements for approved water rate adjustments. Greg Schultz, resident, commented on the financial impact of SB 998. Each of the Directors then shared their individual opinions regarding the proposed water rate adjustments. Director Hall made a motion, seconded by Director Miller, to adopt Resolution No. 18-32 as presented with a $0.10 pass-through increase to the water usage (commodity) rate and a 3% increase to the current monthly water service rates effective January 1, 2019 and rescinding Resolution No. 16-10. Motion failed 2-3-0-0 with Directors Hall and Miller voting Yes and Directors Nederhood, Jones, and Hawkins voting No. Minutes of the YLWD Board of Directors Regular Meeting Held November 13, 2018 at 6:30 p.m. 4 2018-XXX Director Hawkins made a motion, seconded by Director Jones, to adopt Resolution No. 18-32 with a $0.10 pass-through increase to the water usage (commodity) rate and no increase to the current monthly water service rates for consumption as of January 1, 2019 to be billed in February 2019. Motion passed 4-1-0-0 with Director Nederhood voting No. 8.2. Amending the General Manager’s Employment Agreement General Counsel Andrew Gagen summarized the recommendations presented to the Board in relation to the General Manager’s employment agreement. Julia Schultz, resident, commended General Manager Marc Marcantonio on his work for the District. Director Hawkins made a motion, seconded by Director Jones, to (1) approve the Fifth Amendment to the Employment Agreement for the Position of General Manager as negotiated by the District’s Designated Representative; and (2) adopting Resolution No. 18-33, approving the Classification and Salary for the General Manager effective September 2, 2018, and rescinding Resolution No. 17-39. Motion carried 5-0-0-0 on a Roll Call vote. 9. DISCUSSION ITEMS 9.1. Unaudited Financial Statements for the First Quarter of FY19 Staff reviewed key information contained in these reports. 9.2. Status of Operations Activities Staff reviewed the status of sewer maintenance activities for the first quarter of FY19. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. Directors' Reports Intergovernmental Meetings, Conferences, and Events The Directors noted their attendance at the listed meetings and events. Minutes of the YLWD Board of Directors Regular Meeting Held November 13, 2018 at 6:30 p.m. 5 2018-XXX 10.2. General Manager's Report General Manager Marc Marcantonio asked each of the managers in attendance to report on activities within their respective departments. He then briefed the Board on upcoming conferences and an invitation he received to present at the ACWA conference in November. 10.3. General Counsel’s Report None. 10.4. Future Agenda Items and Staff Tasks General Manager Marcantonio suggested a discussion item be placed on the next regular meeting agenda to discuss the formation of community facilities districts for connecting customers with septic tanks to the District’s wastewater distribution system. President Nederhood requested a discussion item be placed on a future agenda to discuss the performance of a new water/sewer rate study and development of a Proposition 218 notice. 11. COMMITTEE REPORTS 11.1. Interagency Committee with MWDOC and OCWD (Nederhood/Jones) Next meeting is scheduled January 24, 2019 at 4:00 p.m. 11.2. Joint Agency Committee with City of Yorba Linda (Nederhood/Jones) Next meeting is scheduled December 10, 2018 at 4:00 p.m. at YL City Hall. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from November 14 – December 31, 2018 The Board made no changes to the activity calendar. 13. ADJOURNMENT 13.1. The meeting was adjourned at 8:27 p.m. Annie Alexander Board Secretary ITEM NO. 8.3 AGENDA REPORT Meeting Date: December 11, 2018 Budgeted:Yes To:Board of Directors Cost Estimate:$2,675,536.84 Funding Source:All Funds From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Reviewed by Legal:N/A Prepared By:Richard Cabadas, Accounting Assistant I CEQA Compliance:N/A Subject:Payments of Bills, Refunds, and Wire Transfers as of November 27, 2018 and December 11, 2018 SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors’ approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements of November 27, 2018 and for December 11, 2018 in the amount of $2,675,536.84. DISCUSSION: At the October 9, 2018 regular meeting staff informed the Board that, though the regular meeting scheduled for November 27, 2018 had been cancelled, there would still be a disbursement of payments in order for the District to meet its obligations by the listed due dates. The items on this disbursement list includes: A check of $117,203.95 to ACWA/JPIA for December medical & dental premium; a check of $57,594.36 to Aqua Metric Sales Co. for Operations work material; a check of $65,238.24 to City of Anaheim for October 2018 electricity charges; a check of $81,500.43 to George Chevrolet for purchase (3) trucks; a check of $49,884.86 to Kidman Gagen Law for legal services in October; a check of $40,567.12 to CalCard US Bank for Credit card transactions in October and November; a check of $120,000.00 to Land Veritas Corp. for J2018-23 – Hidden Hills mitigation; a wire of $42,338.59 to So. California Edison for October electricity charges at multiple locations; a wire of $37,153.27 to So. California Gas Co. for October gas charges at multiple locations; and a wire of $655,167.00 to MWDOC for October 2018 water deliveries. The balance of $343,844.53 is routine invoices. The two Accounts Payable check registers total $1,610,492.35, Payroll No. 22 total is $292,472.29, Payroll No. 23 total is $434,404.82, and Payroll No. 24 total is $338,167.38, where the combined disbursements for this agenda report is $2,675,536.84. 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_1211.doc Cap Sheet Backup Material CkReg112718.pdf Check Register Backup Material CkReg121118.pdf Check Register Backup Material 18_CC_1211.pdf Credit Card Summary Backup Material Summary of Disbursements November 27, 2018 & December 11, 2018 CHECK NUMBERS & WIRES: 11/27/2018 Computer Checks 73225—73324 $ 630,028.49 12/11/2018 Computer Checks 73118—73224 $ 245,805.00 ____________ $ 875,833.49 WIRES: W111318 So. California Edison $ 42,338.59 W111318A So. California Gas Co. $ 37,153.27 W111518 MWDOC $ 655,167.00 ____________ $ 734,658.86 TOTAL OF CHECKS & WIRES $ 1,610,492.35 PAYROLL NO. 22: Direct Deposits $ 179,880.49 Third Party Checks 7060—7066 $ 25,893.51 Payroll Taxes $ 48,483.51 EFT – CalPERS Payroll #22 $ 38,214.78 $ 292,472.29 PAYROLL NO. 23: Direct Deposits $ 269,954.55 Third Party Checks 7067—7078 $ 38,159.18 Payroll Taxes $ 88,156.48 EFT – CalPERS Payroll #23 $ 38,134.61 $ 434,404.82 PAYROLL NO. 24: Direct Deposits $ 203,477.86 Third Party Checks 7079—7085 $ 44,428.55 Payroll Taxes $ 52,994.82 EFT – CalPERS Payroll #24 $ 37,266.15 $ 338,167.38 TOTAL OF PAYROLLS $1,065,044.49 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $2,675,536.84 ================================================================== APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF DECEMBER 11, 2018 ==================================================================. Check No.Date Vendor Name Amount Description 73225 11/27/2018 3T Equipment Company Inc.3,185.42 TOOLS, EQUIPMENT, & SEWER MAIN REPAIR 73226 11/27/2018 ACWA/JPIA 117,203.95 MEDICAL & DENTAL PREMIUM - DECEMBER 2018 73227 11/27/2018 Advanced Infrastructure 1,726.76 TOOLS & EQUIPMENT 73233 11/27/2018 Air Resources Board 570.00 PERMIT RENEWAL 73229 11/27/2018 Al Nederhood 258.12 TRAVEL EXPENSE - CA/NV AWWA CONFERENCE & MILEAGE REIMBURSEMENT 73228 11/27/2018 Albert A. Webb Associates 21,767.40 J09-22#22 - PROFESSIONAL ENGINEERING SERVICES 73230 11/27/2018 Annie Alexander 253.96 TRVL EXPENSE - CSDA BOARD SECRETARY CONFERENCE 73231 11/27/2018 Aqua-Metric Sales Co.57,594.36 OPERATIONS WORK MATERIAL 73232 11/27/2018 Aramark 914.66 UNIFORM SERVICE 73321 11/27/2018 ARC 20.00 PW DOC MANAGEMENT 73235 11/27/2018 AT & T - Calnet3 1,906.67 ATT CALNET 3 73234 11/27/2018 ATS Communications 1,555.00 PROFESSIONAL SERVICES - TELECOM MANAGEMENT 73236 11/27/2018 Autoscribe Corporation 1,366.25 TRANSACTION VISION GATEWAY - OCTOBER 2018 73237 11/27/2018 Azteca Systems Inc 13,715.00 SERVER ENTERPRISE LICENSE AGREEMENT - ANNUAL FEE 73238 11/27/2018 Bentley Systems, Inc.2,200.00 PROJECT WISE - LICENSING FEE 73239 11/27/2018 Best Drilling and Pump, Inc.6,560.00 PULL PUMP & INSPECT - WELL 7 73240 11/27/2018 BLX Group LLC 1,200.00 INTERIM ARBITRAGE REPORT - 2017 SERIES A 73241 11/27/2018 Brooke Jones 56.24 MILEAGE REIMBURSEMENT - OCTOBER 2018 73242 11/27/2018 City Of Anaheim 65,238.24 RICHFIELD & LA PALMA -ELECTRICITY- 10/2018-11/2018 73243 11/27/2018 City Of Placentia 6,458.25 (5) ENCROACHMENT PERMITS & SEWER FEES - OCTOBER 2018 73244 11/27/2018 Clinical Lab. Of San Bern.3,120.00 LAB WORK - WATER SAMPLES 73287 11/27/2018 County of Orange 20.00 LANDFILL FEES 73245 11/27/2018 Daniels Tire Service 2,131.19 VEHICLE MAINTENANCE - UNIT #188 & #208 73249 11/27/2018 Dean Criske Trucking 1,143.33 ROAD MATERIAL 73246 11/27/2018 Dell Marketing L.P.1,292.05 IT EQUIPMENT 73247 11/27/2018 Diane Dalton 280.00 CERTIFICATE REIMBURSEMENT - COLLECTION SYSTEM MAINTENANCE #2 73250 11/27/2018 Eisel Enterprises, Inc.4,586.57 METER BOX & LIDS 73251 11/27/2018 Elite Equipment Inc 74.13 VEHICLE MAINTENANCE - UNIT #217 73252 11/27/2018 Employment Development Department 4,499.60 UNEMPLOYMENT INSURANCE BENEFIT CHARGE 73253 11/27/2018 Enthalpy Analytical, Inc.300.00 CARBON CHAIN 73254 11/27/2018 eSecurity Solutions, LLC 1,000.00 PROFESSIONAL SERVICES 73257 11/27/2018 EyeMed 1,368.86 EYE MED PREMIUM - NOVEMBER 2018 73255 11/27/2018 Factory Motor Parts 424.57 VEHICLE MAINTENANCE - UNIT #155, #186 & #198 73256 11/27/2018 Fiberstore Inc.132.58 CABLING & WAN COMMUNICATION 73258 11/27/2018 Fleet Services, Inc 96.95 VEHICLE MAINTENANCE - UNIT #168 73259 11/27/2018 Flex Advantage 135.00 FLEX ADV-30 PARTICIPANTS-OCT18 73260 11/27/2018 George Chevrolet 81,500.43 UNIT #222, #223 & #224 - 2019 CHEVROLET TRUCKS 73261 11/27/2018 Haaker Equipment Co.1,239.14 VEH. MAINTENANCE - UNIT #197 & #215 73262 11/27/2018 Hach Company 546.97 TOOLS & EQUIPMENT 73263 11/27/2018 Harrington Industrial 700.32 CL2 PARTS 73264 11/27/2018 Hopkins Technical Products Inc.722.93 CL2 REPLACEMENT PARTS 73265 11/27/2018 Infosend Inc.11,492.17 BILLING & POSTAGE - CUSTOMER BILLING 73323 11/27/2018 Insituform Technologies, LLC 8,516.75 J17-37S - SEWER MAIN CIPP REHAB - PROGRESS PAYMENT #02 73324 11/27/2018 Insituform Technologies, LLC 8,429.70 J17-37S - SEWER MAIN CIPP REHAB - RETENTION RELEASE 73267 11/27/2018 Jackson's Auto Supply - Napa 400.65 VEHICLE MAINTENANCE - UNIT #157, #198 & #210 73268 11/27/2018 Jacqueline Segura 153.47 TRAVEL EXPENSE - CALPERS FORUM & NEOGOV CONFERENCE 73269 11/27/2018 Jeremy Smith 186.12 REIMBURSEMENT - MEETING SUPPLIES 73270 11/27/2018 Justin W. Waterman 500.00 YLWD EVENT 73271 11/27/2018 Kidman Gagen Law 49,884.86 LEGAL SERVICE 73272 11/27/2018 Kimball Midwest 318.18 MECHANIC SHOP SUPPLIES 73273 11/27/2018 Managed Health Network 162.00 EAP - NOVEMBER 2018 73274 11/27/2018 Maria Trujillo 6.69 TRAVEL EXPENSE - CALPERS EDUCATION FORUM 73275 11/27/2018 Mc Crometer Inc 171.39 SPOIL DIRT TESTING 73276 11/27/2018 Mc Fadden-Dale Hardware 486.64 HARDWARE SUPPLIES 73277 11/27/2018 Mc Master-Carr Supply Co.948.87 PRODUCTION REPAIR PARTS 73278 11/27/2018 Mobile Industrial Supply 8.00 CYLINDER - DEMURRAGE FEE 73279 11/27/2018 Municipal Diving Services Inc.5,215.00 CAMINO DE BRYANT & CHINO HILLS RESERVOIR INSPECTION & CLEANING W111518 11/15/2018 Municipal Water District 655,167.00 WATER DELIVERIES - OCTOBER 18 73280 11/27/2018 NatPay Online Business Solutions 26.86 DOCULIVERY - OCTOBER 2018 73281 11/27/2018 Nicholas A. Hollon 260.00 CERTIFICATE REIMBURSEMENT - DISTRIBUTION GRADE 5 73282 11/27/2018 Nickey Kard Lock Inc 12,368.61 FUEL - 10/15/18 - 10/31/18 & 11/01/18 - 11/15/18 73283 11/27/2018 Office Solutions 282.43 OFFICE SUPPLIES 73284 11/27/2018 One Source Distributors, LLC 3,048.51 CL2 REPLACEMENT PARTS Yorba Linda Water District Check Register For Checks Dated: 11/14/2018 thru 11/27/2018 73286 11/27/2018 Orange County - Tax Collector 110.73 (3) - ENCROACHMENT PERMIT 73285 11/27/2018 Orange County Register 1,017.00 CLASSIFIED AD - CLAIM ORDINANCES 73288 11/27/2018 Oseco, Inc.2,364.70 CL2 REPLACEMENT PARTS 73294 11/27/2018 P.T.I. Sand & Gravel, Inc.2,492.93 ROAD MATERIAL 73289 11/27/2018 Pacific Hydrotech Corporation 14,394.40 J10-11B - FAIRMONT PUMP STATION UPGRADE - PROGRESS PAYMENT #23 73290 11/27/2018 Pacific Western Bank 757.60 J10-11B - FAIRMONT PUMP STATION UPGRADE - RETENTION #23 73291 11/27/2018 Plumbers Depot Inc.685.42 LEADER HOSE 73292 11/27/2018 Powerstride Battery 104.86 VEHICLE MAINTENANCE - UNIT #204 73293 11/27/2018 Praxair Distribution 157.55 WELDING SUPPLIES 73303 11/27/2018 Rachel Padilla/Petty Cash 274.56 PETTY CASH - Y103018 & O110118 73295 11/27/2018 Rick Walkemeyer 1,462.45 TRAVEL EXPENSE - VMWORLD 2018 CONFERENCE 73296 11/27/2018 RKI Engineering, LLC 4,200.00 DAHS & CONTROL SUPPORT 73297 11/27/2018 Rosanne Weston 26.48 ENGINEERING MEETING SUPPLIES 73298 11/27/2018 Safety-Kleen Systems Inc 2,009.78 HAZARDOUS WASTE REMOVAL 73299 11/27/2018 Sanders Paving, Inc.39,462.00 (3) CONCRETE REPAIRS & (38) ASPHALT REPAIRS 73300 11/27/2018 Selman Chevrolet Company 82.43 VEHICLE MAINTENANCE - UNIT #208 W111318 11/13/2018 SO. CALIFORNIA EDISON 42,338.59 ELECTRICAL CHARGES - MULTIPLE LOCATIONS - OCTOBER 2018 W111318A 11/13/2018 SO. CALIFORNIA GAS COMPANY 37,153.27 GAS CHARGES - MULTIPLE LOCATIONS - OCTOBER 2018 73301 11/27/2018 South Coast AQMD 151.56 FLAT FEE - LAST FISCAL YEAR EMISSIONS 73302 11/27/2018 Southwest Valve 112.13 PRODUCTION REPAIR PARTS 73304 11/27/2018 Stater Bros. Markets 93.50 MEETING SUPPLIES 73305 11/27/2018 Step Saver Inc 2,143.28 COARSE SALT 73306 11/27/2018 Switch Ltd 536.00 DATA HOSTING - CO-LOCATION 73307 11/27/2018 The Shredders 66.00 SHRED ON SITE SERVICE 73308 11/27/2018 Time Warner Cable 3,031.70 RICHFIELD -T10MB DEDICATED INTERNET & SPECTRUM BUSINESS TV 73309 11/27/2018 Titan Water Technology Inc 295.00 QUARTERLY SERVICE MAINTENANCE 73310 11/27/2018 Trench Shoring 533.50 EQUIPMENT RENTAL 73314 11/27/2018 U S Postmaster 286.00 PO BOX 309 - 12 MONTHS 73311 11/27/2018 Underground Service Alert 290.50 DIGALERT - OCTOBER 2018 73312 11/27/2018 United Industries 1,091.58 PPE EQUIPMENT 73315 11/27/2018 United Water Works, Inc.11,417.50 OPERATIONS WORK MATERIAL 73313 11/27/2018 UNUM Life Insurance Co. of America 4,166.27 LFE,AD&D,STD& LTD - DECEMBER 2018 73322 11/27/2018 USA Blue Book 530.92 SAFETY EQUIPMENT 73316 11/27/2018 Vivian Lim 107.45 REIMBURSEMENT - MEETING SUPPLIES 73266 11/27/2018 VOID 0.00 VOID 73317 11/27/2018 Wayne Miller 685.94 TRAVEL EXPENSE - AMERICAN WATER & ACQA REGULATORY SUMMIT 73319 11/27/2018 West Coast Arborist, Inc.7,740.00 TREE REMOVAL - HIGHLAND RESERVOIR 73318 11/27/2018 West Coast Safety Supply Co 1,722.76 TOOLS & EQUIPMENT 73248 11/27/2018 White Nelson Diehl Evans LLP 500.00 FINAL BILLING - AUDIT FY 18 73320 11/27/2018 YO Fire 12,992.21 OPERATIONS WORK MATERIAL 1,364,687.35 Check No.Date Vendor Name Amount Description 73348 12/11/2018 A. M. ORTEGA 139.30 CUSTOMER REFUND 73335 12/11/2018 AL RICCI REALTY 417.66 CUSTOMER REFUND 73356 12/11/2018 Aramark 422.09 UNIFORM SERVICE 73358 12/11/2018 AT & T - Calnet3 3,059.78 ATT CALNET3 73357 12/11/2018 ATS Communications 2,065.00 PROFESSIONAL SERVICES - OCTOBER 2018 73344 12/11/2018 BRECKENRIDGE PROPERTY FUND 2016, 278.05 CUSTOMER REFUND 73359 12/11/2018 BrightView Tree Care Services Inc.1,824.70 LANDSCAPE SERVICE - DECEMBER 2018 73360 12/11/2018 CalCard US Bank 40,567.12 CREDIT CARD TRANSACTION - OCTOBER & NOVEMBER 2018 73346 12/11/2018 CHRISTENSEN BROTHERS GENERAL 1,000.00 CUSTOMER REFUND 73345 12/11/2018 CHRISTIAN T JENSEN 130.16 CUSTOMER REFUND 73331 12/11/2018 CHRISTINE RUNGE 50.00 CUSTOMER REFUND 73361 12/11/2018 CPR1 LLC 630.00 ANNUAL AED MAINTENANCE 73362 12/11/2018 Delta Wye Electric, Inc.2,406.57 ELECTRICL GENERAL MAINTENANCE 73352 12/11/2018 EDWARD CHOI 90.17 CUSTOMER REFUND 73363 12/11/2018 Elite Equipment Inc 281.59 OPS WATER EQUIPMENT - #E219 73364 12/11/2018 Fairway Ford Sales, Inc.435.42 VEHICLE MAINTENANCE - UNIT #180 73365 12/11/2018 Federal Express 30.06 SHIPPING FEES 73366 12/11/2018 First American Title Insurance Co 2,500.00 J18-23 - PRELIMINARY REPORT 73333 12/11/2018 FORTUNE WEST PROPERTY 399.33 CUSTOMER REFUND 73367 12/11/2018 Hushmand Associates Inc 20,414.00 J18-23 - HIDDEN HILLS MITIGATION & J17-24 - TRACT 15199 WATERLINE REPLACEMENT7336812/11/2018 Hydrex Pest Control 175.00 PEST CONTROL SERVICE - NOVEMBER 2018 73350 12/11/2018 INSITUFORM TECHNOLOGIES 1,655.00 CUSTOMER REFUND 73369 12/11/2018 Jeff Jenkins Service Technician 1,912.68 CL2 REPLACEMENT PARTS 73329 12/11/2018 JOHN E DEEMER 30.00 CUSTOMER REFUND 73340 12/11/2018 JOHN MILLER 134.27 CUSTOMER REFUND 73332 12/11/2018 JUDI THOMAS 36.41 CUSTOMER REFUND 73325 12/11/2018 KEVIN CARVER 76.21 CUSTOMER REFUND 73338 12/11/2018 KRISTINE SNIPES 80.08 CUSTOMER REFUND 73337 12/11/2018 KUO WEI SU 23.81 CUSTOMER REFUND 73370 12/11/2018 Land Veritas Corp.120,000.00 J18-23 - HIDDEN HILLS LAND MITIGATION 73328 12/11/2018 LISA BALLENTINE 14.37 CUSTOMER REFUND 73371 12/11/2018 Marc Marcantonio 96.41 MILEAGE REIMBURSEMENT - OCTOBER & NOVEMBER 2018 73372 12/11/2018 Mc Fadden-Dale Hardware 402.26 HARDWARE SUPPLIES 73373 12/11/2018 Michael Ellis 32,582.00 REIMBURSEMENT PROJECT #2011-03S - SEWER CONNECTION FEES 73336 12/11/2018 NEASE PROPERTY MGMT 34.14 CUSTOMER REFUND 73374 12/11/2018 Orange County Water District 4,557.70 WARNER BASIN LEASE - YR 7 73375 12/11/2018 Powerstride Battery 171.20 STATIONARY ENGINE MAINTENANCE 73341 12/11/2018 QUALTEK USA LLC 210.31 CUSTOMER REFUND 73347 12/11/2018 RAY BOLD PARTNERS INC 435.00 CUSTOMER REFUND 73326 12/11/2018 ROSEMARY CREELMAN 26.95 CUSTOMER REFUND 73351 12/11/2018 ROY ALLEN SLURRY SEAL 1,490.50 CUSTOMER REFUND 73339 12/11/2018 RYAN POFFENBERGER 35.15 CUSTOMER REFUND 73353 12/11/2018 SARAH JENSEN 100.18 CUSTOMER REFUND 73349 12/11/2018 SPIRIT HALLOWEEN SUPER STORE 480.06 CUSTOMER REFUND 73327 12/11/2018 STACEY AHSMUHS 127.08 CUSTOMER REFUND 73343 12/11/2018 STEPHANIE WOOD 31.46 CUSTOMER REFUND 73376 12/11/2018 Time Warner Cable 650.00 SPECTRUM BUSINESS INTERNET - LAS VEGAS 73354 12/11/2018 TROJAN CAPITAL INVEST LLC 167.75 CUSTOMER REFUND 73378 12/11/2018 United Water Works, Inc.1,522.72 HYDRANT & SEWER MAIN REPAIR PARTS 73377 12/11/2018 Utility Systems, Science & Software, Inc.990.00 J10-11B - TROUBLESHOOTING SERVICE 73334 12/11/2018 WILLIAM SHEA 133.45 CUSTOMER REFUND 73330 12/11/2018 WILLIAM SUTTON 85.28 CUSTOMER REFUND 73355 12/11/2018 XIAOHUI XU 48.70 CUSTOMER REFUND 73342 12/11/2018 YAN WANG 147.87 CUSTOMER REFUND 245,805.00 Yorba Linda Water District Check Register For Checks Dated: 11/28/2018 thru 12/11/2018 11-01-2018 PAYROLL #22 - EMPLOYEE DIRECT DEPOSIT 179,880.49 11-01-2018 PAYROLL #22 - PAYROLL TAX PAYMENT 48,483.51 11-01-2018 PAYROLL #22 - CALPERS EFT 38,214.78 7060 11-01-2018 COLONIAL LIFE 107.10 7061 11-01-2018 FLEX ADVANTAGE 2,479.09 7062 11-01-2018 LINCOLN FINANCIAL GROUP 6,846.75 7063 11-01-2018 NATIONWIDE RETIREMENT SOLUTIONS 15,369.04 7064 11-01-2018 CA STATE DISBURSEMENT UNIT 366.92 7065 11-01-2018 CA STATE DISBURSEMENT UNIT 339.69 7066 11-01-2018 CA STATE DISBURSEMENT UNIT 384.92 292,472.29 11-15-2018 PAYROLL #23 - EMPLOYEE DIRECT DEPOSIT 269,954.55 11-15-2018 PAYROLL #23 - PAYROLL TAX PAYMENT 88,156.48 11-15-2018 PAYROLL #23 - CALPERS EFT 38,134.61 7067 11-15-2018 COLONIAL LIFE 107.10 7068 11-15-2018 FLEX ADVANTAGE 2,479.09 7069 11-15-2018 LINCOLN FINANCIAL GROUP 8,570.89 7071 11-15-2018 NATIONWIDE RETIREMENT SOLUTIONS 22,521.34 7072 11-15-2018 CA STATE DISBURSEMENT UNIT 366.92 7073 11-15-2018 CA STATE DISBURSEMENT UNIT 339.69 7074 11-15-2018 CA STATE DISBURSEMENT UNIT 384.92 7075 11-15-2018 AMERICAN HERITAGE LIFE 1,447.09 7076 11-15-2018 MIDLAND LIFE INSURANCE 200.00 7077 11-15-2018 RELIANCE DI 57.46 7078 11-15-2018 AMERITAS 1,684.68 434,404.82 11-29-2018 PAYROLL #24 - EMPLOYEE DIRECT DEPOSIT 203,477.86 11-29-2018 PAYROLL #24 - PAYROLL TAX PAYMENT 52,994.82 11-29-2018 PAYROLL #24 - CALPERS EFT 37,266.15 7079 11-16-2018 LINCOLN FINANCIAL GROUP 21,503.84 7080 11-29-2018 COLONIAL LIFE 107.10 7081 11-29-2018 LINCOLN FINANCIAL GROUP 8,573.05 7082 11-29-2018 NATIONWIDE RETIREMENT SOLUTIONS 13,153.03 7083 11-29-2018 CA STATE DISBURSEMENT UNIT 366.92 7084 11-29-2018 CA STATE DISBURSEMENT UNIT 339.69 7085 11-29-2018 CA STATE DISBURSEMENT UNIT 384.92 338,167.38 Payroll Checks #22 Payroll Checks #23 Payroll Checks #24 Vendor Name Amount Description Cal Municipal Treasurers Assn 1,035.00 Membership and Fixed Income Bond Academy - Young, K Costco 168.87 Supplies - retirement recognition - Kiddie, M Placentia Disposal #676 555.38 (2) Front load disposal service The Pantry - Mirage Hotel & Casino 9.66 Travel expense - NEOGOV Conference - Segura, S Essentials - Mirage Hotel & Casino 24.83 Travel expense - NEOGOV Conference - Segura, S Calhoun Technologies 48.00 Cisco HWIC card - Lakeview router Chefs Toys 40.41 Emergency provision equipment Cal Municipal Treasurers Assn 25.00 Application fee - Certified California Municipal Treasurer Certification - Young, K The Pantry - Mirage Hotel & Casino 9.66 Travel expense - NEOGOV Conference - Segura, S Dunkin Donuts 54.92 Water awareness - team building Dick's Lock & Safe Inc.70.00 (12) GM keys CalCard US Bank (200.00) Hotel refund - NEOGOV Conference Long Beach Airport Parking 69.00 Travel expense - NEOGOV Conference - Segura, S El Pollo Loco 19.90 Travel expense - NEOGOV Conference - Segura & Lim UBER 19.17 Travel expense - NEOGOV Conference - Segura & Lim John Wayne Airport 20.00 Travel expense - Sacramento Treatment Plant Tour - DeCriscio Burger Station 29.74 Travel expense - Sacramento Treatment Plant Tour - DeCriscio Starbucks Store 9.91 Travel expense - Sacramento Treatment Plant Tour - DeCriscio, Weston & Dir. Miller Avenue of the Arts Wyndham Hotel 25.00 Travel expense - ACWA/JPIA leadership - Knight, G Amazon.com 123.54 Service recognition - Vargas, A & Talbert, R Amazon.com 31.50 Service recognition - Talbert, R OC ARMA 25.00 OC ARMA monthly meeting - Arambarri, T Amazon.com 303.05 Service & retiree recognition - Kiddie, M Costco 162.47 Water quality - sampling supplies Fluid Conservation Systems 280.00 Replacement - X-mic cable - leak detection equipment Kohler 672.68 (6) pk - waterless janitorial supplies Cobra Solutions, Inc 445.00 Software annual maintenance KB Design 503.14 District uniforms Home Depot 171.13 Tools & Hardware supplies Shoeteria Industrial 79.99 Safety footwear - DeCriscio, J Answer One Communications 616.70 Virtual reception services - After hours ONLINE Information Services, Inc.372.62 Online collections service Verizon Wireless 4,151.41 Verizon Wireless service Amazon.com 48.99 Safety WORKS incentive Amazon.com 29.68 Safety WORKS incentive Liebert Cassidy Whitmore 525.00 Travel expense - 2019 LCW Conference Registration - Segura, J U-Haul 46.04 U-Haul rental - Donate shelfs Home Depot 12.35 Materials - Building repairs Home Depot 246.66 Materials - Building repairs Home Depot 366.48 Emergency tool bag for operations The Toll Roads of OC 6.53 Toll fee - OCWA monthly luncheon - Dir. Nederhood Amazon.com 17.61 Labels/Tags for Board Director hard hats Amazon.com 31.25 Safety WORKS incentive Amazon.com 496.00 (2) light bars - Unit #222 & #223 Home Depot 216.30 Materials & tools - wall repair Fry's Electronics 26.93 Batteries Smart & Final 69.90 Team building lunch -All Hands meeting Indian Wells Golf Resort 34.48 Travel expense - CalPERS Conference - Segura, J Hyatt Regency Indian Wells 516.30 Travel expense - CalPERS Conference - Segura, J Wonderware California 2,500.00 Wonderware workshop - Arnado,B 11-Dec-18 Cal Card Credit Card U S Bank Amazon.com 59.43 Cisco phone cords & 4 port switches Dell Marketing L.P.53.86 AC adapter - XPS notebook United Rentals - Fullerton 194.36 Rental of concrete mixer & concrete mix Harbor Freight Tools 25.60 Tools - Operations department Vue Grille & Bar - Indian Wells Resort 21.26 Travel expense - CalPERS Education forum - Trujillo, M Smart & Final 40.92 Team building lunch -All Hands meeting Smart & Final 275.10 Team building lunch -All Hands meeting BBQ Galore 86.08 Team building lunch -All Hands meeting Albertsons 18.50 Team building lunch - All Hands meeting Pinzimini - Westin Mission Hills 27.00 Travel expense - CA/NV AWWA Conference - Marcantonio, M Liebert Cassidy Whitmore 70.00 2019 Legislative Update for Public Agencies - (3) attendees The Beer Hunter 16.05 Travel expense - CalPERS Conference - Segura, J Dell Marketing L.P.172.40 Dell 32" monitor AWWA - CA-NV Section 50.00 Travel exprndr - AFC 18 Conference - Hollon, N The Beer Hunter 16.05 Travel expense - CalPERS Education forum - Trujillo, M The Toll Roads of OC 7.28 Toll fee - OCSD meeting - Manzano, A ISDOC (Independent Special Dist OC)20.00 ISDOC Luncheon registration - Dir. Hawkins Red Robin 13.00 Travel expense - CA/NV AWWA Conference - Marcantonio, M Best Value Tire & Wheel 103.16 Vehicle maintenance - Unit #190 GM PARTS CENTER 263.33 Wire assembly & connector kit Amazon.com 59.07 Strobe switch - Unit #221, #222, #223 & #224 Koll Center Newport 18.00 Parking - Wonderware workshop Red Robin 13.00 Travel expense - CA/NV AWWA Fall Conference - DeCriscio Orchard Supply Hardware 80.80 Braided nylon tape Miramonte Resort & Spa 424.06 Travel expense - CalPERS Education forum - Trujillo, M Cal Society-Municipal Finance Officers 150.00 CSMFO December OC Chpt luncheon - Lugo, McCann, Cabadas, Hernandez, & Trujillo Placentia Disposal #676 555.38 (2) Front load disposal services McDonald's 5.70 Travel expense - CA/NV AWWA Conference -Dir. Nederhood McDonald's 5.70 Travel expense - CA/NV AWWA Conference - Dir. Jones Tahoe Resort Hotel 451.92 Travel expense - CSDA Board Secretary/Clerk Conference - Alexander, A Westin Hotels & Resorts 249.14 Travel expense - CA/NV AWWA Fall Conference - DeCriscio Metrolink 4.25 Travel expense - Water efficiency workshop - Dir. Nederhood Westin Hotels & Resorts 501.08 Travel expense - CA/NV AWWA Conference -Dir. Nederhood Metrolink 4.25 Travel expense - Water Efficiency Legislation Workshop - Dir. Jones Westin Hotels & Resorts 506.08 Travel expense - CA/NV AWWA Conference - Dir. Jones Westin Hotels & Resorts 481.30 Travel expense - CA/NV AWWA Conference - Marcantonio, M Orange County Water Assn.-Dues 45.00 Registration - OCWA Luncheon - Dir. Nederhood El Farolito 39.47 Lunch meeting - Dir. Jones, Marcantonio & Barbre Orange County Water Assn.-Dues 45.00 OCWA Luncheon - Dir. Jones ACWA-Assn Of Ca Water Agencies 65.00 Registration - ACWA Region 9 - Dir. Jones Best Value Tire & Wheel 64.28 Vehicle maintenance - Unit #204 SiteOne Landscape Supply 110.77 SOD for landscape repair NEOGOV, Inc.5,512.50 NEOGOV Perfomance Software License Esther's Tacos 32.00 Lunch meeting - Marcantonio & Dir. Nederhood Amazon.com 110.00 Mechanic shop supplies Miguel's Mexican Cocina 49.82 Lunch - City of Corona event - Ojeda, Shaw & Alexander 91 Express Lanes 6.25 Toll road fee - stand-by vehicle - DeCriscio 91 Express Lanes 40.00 Toll road - account setup for stand-by vehicle - DeCriscio Howard Industries 10.78 Electrical parts Party City 27.89 Meeting and event supplies Amazon.com 172.39 Lunch room appliance replacement Cal Society-Municipal Finance Officers 480.00 CSMFO membership & conference registration - Cabadas, R Amazon.com 79.69 Cell phone supplies Sunstate Equipment Co 407.24 Rental - concrete planer Mc Master-Carr Supply Co.97.18 Hardware supplies Canva Pty Ltd.12.95 Monthly subscription - Graphic design Margos Flowers 91.54 Sympathy flowers - Young, K Floor & Decor 390.78 (33) Floor tiles Home Depot 76.07 (15) Floor tiles Home Depot 918.31 Landscape supplies & cocnrete Government Finance Officers 420.00 Registration fee - GFOA conference - Lugo Baci Firenze Trator 111.65 Lunch meeting - Dir. Miller, Marcantonio & Barbre Los Angeles Times 207.66 Newspaper subscription County of Orange 2,000.00 GIS - OC landbase license - Road & Flood Stater Bros. Markets 175.05 Supplies - retirement recognition - Kiddie, M Smart & Final 6.78 Supplies - retirement recognition - Kiddie, M Smart & Final 152.30 Supplies - retirement recognition - Kiddie, M Francisco Meat Co 350.85 Supplies - retirement recognition - Kiddie, M VONS 36.14 Supplies - retirement recognition - Kiddie, M Ralphs 52.65 Supplies - retirement recognition - Kiddie, M BC Wire Rope & Rigging 1,865.93 Transport chains and binders - Unit #220 Amazon.com 36.85 Carburator kit - Unit #E-118 Praxair Distribution 230.70 Welding supplies Colorado River Water User Association 505.00 CRWUA - Conference registration & membership - Dir. Nederhood Colorado River Water User Association 505.00 Travel expense - CRWUA Conference - Dir. Jones Panera 47.16 Lunch - Interview panel for Sr. Mechanic Trader Joes 12.90 Supplies - retirement recognition - Kiddie, M Amazon.com 590.00 (2) ripsaw nozzles Grainger 225.17 (2) Air vent float for AC system EZAutomation 134.98 HMI screens - Richfield Plant EZAutomation 1,556.88 HMI screens - Richfield Plant Southwest Airlines 333.96 Travel expense - CRWUA Conference - Dir. Nederhood Stater Bros. Markets 19.45 Retirement supplies - Kiddie, M Smart & Final 111.50 Retirement supplies - Kiddie, M Government Finance Officers 420.00 113th Annual Conference registration - Young, K L&L Hawaiin BBQ 86.38 Supplies - retirement recognition - Kiddie, M Amazon.com 69.99 Service recognition - Howard, J Amazon.com 42.94 Service recognition - Hollon, N Best Value Tire & Wheel 107.47 Vehicle maintenance - Unit #208 B & M Lawn and Garden Inc 43.44 Equipment maintenance - oil Minuteman Press 56.34 Business cards - Ojeda, F Praxair Distribution 140.25 Welding supplies - Valve crew Government Finance Officers 330.00 Application fee - GFOA Distinguished Budget of Presentation Award North American Recycling and Crushing, LLC 200.00 Soil disposal North American Recycling and Crushing, LLC 120.00 Soil disposal Amazon.com 12.82 (2) password log book Costco 86.19 Lunch room appliance replacement Georgia Professional Licensing Board 50.00 PE License renewal - Weston, R Amazon.com 21.54 Safety WORKS incentive 40,567.12 ITEM NO. 8.4 AGENDA REPORT Meeting Date: December 11, 2018 Budgeted:Yes Total Budget:$300,000.00 To:Board of Directors Cost Estimate:$263,044.68 Funding Source:Sewer Capital Reserves From:Marc Marcantonio, General Manager Presented By:John DeCriscio, Operations Manager Dept:Operations Reviewed by Legal:N/A Prepared By:Harold Hulbert, Operations Assistant CEQA Compliance:N/A Subject:Purchase of a New Sewer Camera Truck SUMMARY: The District practice is to submit vehicle and major equipment purchases that exceed $75,001 as a Consent Item to the Board of Directors. The District purchasing policy also lays out the means and methods for procurement of vehicles and equipment of this value. The District’s procedures have been followed in obtaining bids for the subject Sewer Camera Truck. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to purchase a new sewer camera truck from Haaker Equipment Company in the amount of $263,044.68 DISCUSSION: In the current FY 19, funds are included for the purchase of a Sewer Camera Truck. After working with the staff to develop a set of specification a Competitive Bid packet was sent to six (6) vendors that could provide the Sewer Camera Truck that the district required. The Bid deadline was set as November 5, 2018, with the bid opening at 2:00 p.m. Five bids were received on time: The following are the bids received in order of cost: Jack Doheny Company, Inc. Did Not Meet Bid Spec Haaker Equipment Company $263,044.68 Neverest Equipment $265,953.39 Metroquip $270,148.66 True North Equipment Company $270,571.03 Staff reviewed each of the bids to ensure all specification where met. The only Bidder that did not meet the District specification was Jack Doheny Company, Inc. Staff recommends accepting the Bid from Haaker Equipment Company in the amount of $263,044.68 for a Camera Truck, as the lowest responsive bidder that meet the District specification. Haaker Equipment Company has the equipment and resources needed to meet the districts need for this vehicle and supported equipment. Copies of the Specification and Bid Packet are available to review. PRIOR RELEVANT BOARD ACTION(S): The Board approved the FY 2019 budget which included $300,000.00 in the Sewer Vehicle & Capital Outlay section for the purchase of a new Sewer Camera Truck. ITEM NO. 8.5 AGENDA REPORT Meeting Date: December 11, 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:Vivian Lim, Human Resources Analyst Subject:Modifying Certain Classifications and Salary Ranges and Amending the Personnel Manual STAFF RECOMMENDATION: That the Board of Directors: (1) adopt Resolution No. 18-34 amending Exhibit A of the Memorandum of Understanding between the District and the Yorba Linda Water District Employees Association for the remainder of Fiscal Years 2019-2023; (2) adopt Resolution No. 18-35 amending Section 4.07, Articles 6 and 7, and Exhibit A of the Personnel Manual for Unrepresented Employees for the remainder of Fiscal Years 2019-2023. DISCUSSION: On January 9, 2018 the Board adopted Resolution No. 18-02 to increase the salary range for the Engineering Manager, Finance Manager, Human Resources/Risk and Safety Manager, and Operations Manager from UN 37 to UN 39. This caused a salary compaction with the Assistant General Manager at UN 40. In order to address the salary compaction, the General Manager increased the salary range for the Assistant General Manager from UN 40 to UN 42 effective November 11, 2018. Additionally, the Operations Manager determined that the Sr. Fleet Mechanic, Sr. Maintenance Worker and Sr. Plant Operator classifications should no longer be in the bargaining unit. These classifications were determined to have responsibility for formulating, administering or managing the implementation of District policies and programs as well as exercising Supervisory Authority over other employees. Employees who have Supervisory Authority are considered Management Employees per the Employer Employee Relations Resolution and should be removed from the Association represented bargaining unit. On October 9, 2018, the Human Resources/Risk and Safety Manager submitted a Notice of Proposed Unit Modification to the Yorba Linda Water District Employees Association (YLWDEA). On October 17, 2018, the District and YLWDEA met and conferred on the proposed unit modification. The District and YLWDEA agreed on the terms of the unit modification to laterally transfer the Sr. Fleet Mechanic, Sr. Maintenance Worker and Sr. Plant Operator classifications from the Bargaining Unit to the Unrepresented employee group with no change in salary or special conditions. In order to provide the same conditions, the Merit Increases, Certificate Pay, Commercial Drivers’ License Pay, Uniforms, Fatigue Accommodation, Standby Compensation, and Call-out Compensation sections from the Bargaining Unit Memorandum of Understanding provisions were copied into the Unrepresented Employees Personnel Manual. Furthermore, during a review and revision of the Sr. Fleet Mechanic job description it was determined that the position does not solely work on fleet vehicles so the position was reclassified to a Sr. Mechanic with no change in salary. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors adopted Resolution No. 18-10 approving the Memorandum of Understanding between the District and the Yorba Linda Water District Employees Association for Fiscal Years 2019-2023, and Resolution No. 18-11 approving the Unrepresented Employees Personnel Manual for Fiscal Years 2019-2023 on June 5, 2018. The Board of Directors subsequently adopted Resolution No. 18-16 amending Resolution No. 18-10, and Resolution No. 18-17 amending Resolution No. 18-11. The Board of Directors then subsequently adopted Resolution No. 18-28 amending Resolution No. 18-16, and Resolution No. 18-29 amending Resolution No. 18-17. ATTACHMENTS: Name:Description:Type: Resolution_No._18-34_-_BU_Amend.docx Resolution Resolution Resolution_No._18-34_-_Exhibit_A.pdf Exhibit Exhibit Resolution_No._18-35_-_UN_Amend.docx Resolution Resolution Resolution_No._18-35_-_TC_Section_4.07.pdf Backup Material Backup Material Resolution_No._18-35_-_TC_Article_6.pdf Backup Material Backup Material Resolution_No._18-35_-_TC_Article_7.pdf Backup Material Backup Material Resolution_No._18-35_-_Personnel_Manual.pdf Personnel Manual Backup Material Resolution_No._18-35_-_Exhibit_A1.pdf Exhibit Exhibit Resolution_No._18-35_-_Exhibit_A2.pdf Exhibit Exhibit Resolution No. 18-34 Amending Exhibit A of the MOU Between the District and YLWDEA 1 RESOLUTION NO. 18-34 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING EXHIBIT A OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE YORBA LINDA WATER DISTRICT EMPLOYEES ASSOCIATION FOR THE REMAINDER OF FISCAL YEARS 2019-2023 WHEREAS, the Board of Directors of the Yorba Linda Water District previously adopted the Memorandum of Understanding (MOU) between the District and the Yorba Linda Water District Employees Association for Fiscal Years 2019-2023 (Resolution No. 18-10); and WHEREAS, the Board of Directors then adopted Resolution No. 18-16 amending the effective dates of Exhibits A through F of the MOU to reflect the 1st day of July of the applicable fiscal year; and WHEREAS, the Board of Directors then adopted Resolution No. 18-28 amending Exhibit A of the MOU to modify the classifications and salary ranges for employees of the Yorba Linda Water District Employees Association for the remainder of Fiscal Years 2019-2023; and WHEREAS, it is the desire of the Board of Directors to further amend Exhibit A of the MOU to remove the Sr. Fleet Mechanic, Sr. Maintenance Worker, and Sr. Plant Operator classifications and salary ranges effective November 11, 2018. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That effective November 11, 2018, Exhibit A of the Memorandum of Understanding between the District and the Yorba Linda Water District Resolution No. 18-34 Amending Exhibit A of the MOU Between the District and YLWDEA 2 Employees Association for Fiscal Years 2019-2023 be amended to read as attached hereto and by this reference incorporated herein. PASSED AND ADOPTED this 11th day of December 2018 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: , President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP Exhibit A Yorba Linda Water District – Bargaining Unit Employees Association Classifications and Salary Ranges Effective November 11, 2018 CLASSIFICATION TITLE SALARY RANGES FLSA Accounting Assistant I BU 17 Non-Exempt Construction Inspector BU 24 Non-Exempt Customer Service Representative I BU 15 Non-Exempt Customer Service Representative II BU 17 Non-Exempt Customer Service Representative III BU 19 Non-Exempt Engineering Technician I BU 20 Non-Exempt Engineering Technician II BU 24 Non-Exempt Facilities Maintenance BU 21 Non-Exempt GIS Analyst BU 26 Non-Exempt GIS Technician BU 24 Non-Exempt Information Systems Technician I BU 22 Non-Exempt Maintenance Worker I BU 17 Non-Exempt Maintenance Worker II BU 20 Non-Exempt Maintenance Worker III BU 23 Non-Exempt Mechanic I BU 17 Non-Exempt Mechanic II BU 21 Non-Exempt Mechanic III BU 23 Non-Exempt Meter Reader I BU 16 Non-Exempt Meter Reader II BU 18 Non-Exempt Meter Services Lead BU 23 Non-Exempt Office Clerk BU 12 Non-Exempt Operations Assistant BU 23 Non-Exempt Plant Operator I BU 21 Non-Exempt Plant Operator II BU 23 Non-Exempt Public Affairs Representative BU 17 Non-Exempt Sr. Construction Inspector BU 26 Non-Exempt Sr. Fleet Mechanic BU 26 Non-Exempt Sr. Maintenance Worker BU 26 Non-Exempt Sr. Plant Operator BU 26 Non-Exempt Sr. SCADA Technician BU 27 Non-Exempt Water Quality Technician I BU 20 Non-Exempt Water Quality Technician II BU 22 Non-Exempt Exhibit A Yorba Linda Water District – Bargaining Unit Employees Association Classifications and Salary Ranges Effective November 11, 2018 CLASSIFICATION TITLE SALARY RANGES FLSA Accounting Assistant I BU 17 Non-Exempt Construction Inspector BU 24 Non-Exempt Customer Service Representative I BU 15 Non-Exempt Customer Service Representative II BU 17 Non-Exempt Customer Service Representative III BU 19 Non-Exempt Engineering Technician I BU 20 Non-Exempt Engineering Technician II BU 24 Non-Exempt Facilities Maintenance BU 21 Non-Exempt GIS Analyst BU 26 Non-Exempt GIS Technician BU 24 Non-Exempt Information Systems Technician I BU 22 Non-Exempt Maintenance Worker I BU 17 Non-Exempt Maintenance Worker II BU 20 Non-Exempt Maintenance Worker III BU 23 Non-Exempt Mechanic I BU 17 Non-Exempt Mechanic II BU 21 Non-Exempt Mechanic III BU 23 Non-Exempt Meter Reader I BU 16 Non-Exempt Meter Reader II BU 18 Non-Exempt Meter Services Lead BU 23 Non-Exempt Office Clerk BU 12 Non-Exempt Operations Assistant BU 23 Non-Exempt Plant Operator I BU 21 Non-Exempt Plant Operator II BU 23 Non-Exempt Public Affairs Representative BU 17 Non-Exempt Sr. Construction Inspector BU 26 Non-Exempt Sr. SCADA Technician BU 27 Non-Exempt Water Quality Technician I BU 20 Non-Exempt Water Quality Technician II BU 22 Non-Exempt Resolution No. 18-35 Amending the Personnel Manual for Unrepresented Employees and Exhibit A 1 RESOLUTION NO. 18-35 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING SECTION 4.07, ARTICLES 6 AND 7, AND EXHIBIT A OF THE PERSONNEL MANUAL FOR UNREPRESENTED EMPLOYEES FOR THE REMAINDER OF FISCAL YEARS 2019-2023 WHEREAS, the Board of Directors of the Yorba Linda Water District previously adopted the Personnel Manual (Manual) for Unrepresented Employees for Fiscal Years 2019-2023 (Resolution No. 18-11); and WHEREAS, the Board of Directors then adopted Resolution No. 18-17 amending the effective dates of Exhibits A through F of the Manual to reflect the 1st day of July of the applicable fiscal year; and WHEREAS, the Board of Directors then adopted Resolution No. 18-29 amending Section 6.02 of the Manual to clarify the benefits and special conditions offered by the District for Unrepresented Employees as related to Certificate Pay and amending Exhibit A of the Manual to modify the classifications and salary ranges for Unrepresented Employees for the remainder of Fiscal Years 2019-2023; and WHEREAS, it is the desire of the Board of Directors to amend Section 4.07 and Articles 6 and 7 of the Manual to clarify the benefits and special conditions offered by the District for Unrepresented Employees as related to Merit Increases, Certificate Pay, Commercial Drivers’ License Pay, Uniforms, Fatigue Accommodation, Standby Compensation, and Call-out Compensation; and WHEREAS, it is also the desire of the Board of Directors to further amend Exhibit A of the Manual for Unrepresented Employees to: (1) add the Sr. Mechanic, Sr. Maintenance Worker, and Sr. Plant Operator classifications and salary ranges, and modify the Assistant General Manager classification and salary range effective November 11, 2018; and (2) add the Construction Project Manager classification and salary range effective January 1, 2019. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That effective November 11, 2018, Section 4.07 and Articles 6 and 7 of the Personnel Manual for Unrepresented Employees for Fiscal Years 2019-2023 be amended to read as attached hereto and by this reference incorporated herein. Resolution No. 18-35 Amending the Personnel Manual for Unrepresented Employees and Exhibit A 2 Section 2. That effective November 11, 2018, Exhibit A (1) of the Personnel Manual for Unrepresented Employees for Fiscal Years 2019-2023 be amended to read as attached hereto and by this reference incorporated herein. Section 3. That effective January 1, 2019, Exhibit A (2) of the Personnel Manual for Unrepresented Employees for Fiscal Years 2019-2023 supersede Exhibit A (1) and read as attached hereto and by this reference incorporated herein. PASSED AND ADOPTED this 11th day of December 2018 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: , President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP Unrepresented Employees Personnel Manual 8 2018-2023 informed in writing of the amount of extension and the reasons for the extension. Extensions shall not exceed six (6) months. Only one extension shall be granted. D. Leave of Absence: The taking of a leave of absence shall automatically cause the employee's probationary period to be extended by the length of the leave where such leave exceeds in excess of fifteen (15) calendar days. Section 4.07 – Merit Increases The advancement of an employee within a classification shall be dependent on the employee exhibiting increased knowledge, skills, and abilities, coupled with meritorious performance. The employee’s supervisor shall evaluate the employee’s performance and if merited, recommend a merit-based step increase. The increase shall not be automatic but may be granted only for continued or sustained improvement by the employee in the effective performance of the duties of his/her position as determined within the District’s sole discretion. The District has an eleven (11) step salary schedule with approximately 2.5% salary difference between steps and 5% salary difference between ranges. A. Each employee shall be reviewed annually following the completion of his/her probationary period. The District utilizes the following ratings for performance evaluations: “Unsatisfactory”, “Needs Improvement”, “Meets Expectations”, “Exceeds Expectations”, and “Outstanding”. B. An employee who receives an overall performance rating “Exceeds Expectations,” no “Unsatisfactory” ratings and no more than two (2) “Needs Improvement” ratings on his/her evaluation shall receive a one (1) step merit increase. C. An employee who receives an overall performance rating of “Outstanding,” no “Unsatisfactory” ratings and no “Needs Improvement” ratings on his/her evaluation shall receive a two (2) step merit increase. D. The resulting rate of pay shall not exceed the rate of pay corresponding to step eleven (11) for the classification. E. The District shall endeavor to have performance reviews completed by the employee’s performance review date. The effective date of any resulting merit increase shall be the first day of the first full pay period that starts after the employee's review date. If the evaluation is delayed, any merit increase resulting from the performance review shall apply retroactively effective the date on which the increase would have otherwise have taken effect. Unrepresented Employees Personnel Manual 16 2018-2023 conditions of coverage, or the member enrolls in another group medical plan. E. For purposes of this Manual, retired status means that the employee shall not work for compensation for more than nine hundred sixty (960) hours in any fiscal year (July 1 through June 30). The District shall require an employee to certify under penalty of perjury that the employee has remained on retired status and/or to submit to such additional verification as the District deems necessary to demonstrate retired status. F. Employees hired on or after December 8, 2011 shall be ineligible to receive this benefit. Section 5.14 – Benefits Payroll Deduction Subject to the singular exception of deducting employee health, dental, vision, supplemental life and supplemental accidental death and dismemberment (AD&D) insurance contributions over 24 payroll periods, the District employs 26 payroll periods of two (2) weeks each as a means of distributing compensation. Employee payroll deductions for the employee share of health, dental, vision, supplemental life and supplemental accidental death and dismemberment (AD&D) insurance premium contributions shall be amortized over 24 payroll periods and deducted during said 24 payroll periods. ARTICLE VI – MISCELLANEOUS BENEFITS Section 6.01 – Safety Boot Allowance An employee who is required to wear safety footwear in the performance of his/her job, as determined by the Department Manager, Human Resources/Risk and Safety Manager, and/or Safety and Training Analyst, shall be eligible for District- purchased safety footwear in an amount not to exceed $250 each fiscal year. Safety footwear must meet American Society for Testing and Materials (ASTM) minimum compression and impact performance standards in ASTM F2413 or provide equivalent protection. Employees must purchase the shoes/boots from a District-approved vendor. Any unused funds shall be forfeited at the end of each fiscal year. Any employee who separates from District employment within thirty (30) calendar days of purchasing safety footwear or receiving reimbursement for safety footwear shall be required to reimburse the District for the cost of the safety footwear regardless of the reason for the employee’s separation from the District. If the Department Manager determines that an employee’s safety footwear is no longer safe, the employee’s Department Manager may replace the used footwear with a Unrepresented Employees Personnel Manual 17 2018-2023 new pair of safety footwear (up to $250). The employee will be required to submit the used safety footwear to the District in exchange for the replacement safety footwear. Section 6.02 – Certificate Pay The District shall reimburse employees for sums paid to the appropriate agencies for obtaining or renewing treatment and/or distribution certificates, collection certificates, and other professional certifications, registrations and job related training. A. In addition, the District shall provide a one-time per fiscal year payment of $150.00 per certificate to an employee in the Maintenance Superintendent, Operations Superintendent, and Production Superintendent classifications who has qualified for and been issued a State Water Resources Control Board (SWRCB) Distribution or SWRCB Treatment and/or California Water Environment Association (CWEA) Collection Certificate(s) that is above and beyond the certification(s) required for his/her classification. As determined at the sole discretion of the General Manager, the certificate(s) must be relevant to the employee’s principal duties and must be above and beyond the requirement of the employee’s classification. The $150.00 payment shall be issued during each year in which the applicable certificate(s) remains valid and remains other than a certificate which is a job requirement. B. The District shall provide the below indicated certificate pay amounts where any employee in the Sr. Plant Operator, Sr. Maintenance Worker, classifications has been issued a State Water Resources Control Board (SWRCB) Distribution, SWRCB Treatment, and/or California Water Environment Association (CWEA) Collection Certificate(s) that is above and beyond the certification(s) required for his/her classification. As determined at the sole discretion of the General Manager, the certificate(s) must be relevant to the employee’s principal duties and must be above and beyond the requirement of the employee’s classification. 1. In those instances where an employee has a Treatment, Distribution, and/or Collection Certificate that is above and beyond the certification(s) required for the employee’s classification, the District agrees to pay the following certificate pay amounts on a biweekly basis. Employees will receive no more than two (2) certificate pays per pay period. TREATMENT CERTIFICATE DISTRIBUTION CERTIFICATE COLLECTIONS CERTIFICATE CERTIFICATE PAY PER PAY PERIOD T-1 D-1 C-1 $6.00/PP T-2 D-2 C-2 $7.00/PP T-3 D-3 C-3 $8.00/PP T-4 D-4 C-4 $9.00/PP T-5 D-5 N/A $10.00/PP Unrepresented Employees Personnel Manual 18 2018-2023 2. Subject to certificate pay being limited to a total of two (2) certificates, each affected employee shall be eligible to receive, biweekly, the combined total of the certificate pay amount that relates to any of the above particular levels. For example, an employee having been issued a T-3 certificate shall receive an $8.00 biweekly certificate pay. An employee having been issued a T-3 and a D-4 shall receive a $17.00 biweekly certificate pay. An employee having a T-5, D-5 and a C-4, shall receive a $20.00 biweekly certificate pay. Where three or more certificates have been issued, the two (2) certificates having the highest combined total shall be utilized to determine the total certificate pay. As indicated above, certificate pay will only be paid for an issued certificate which is above the certification required of the employee holding a specific classification. Thus, a Plant Operator II having been issued a T-2 and a D-3 certificate shall receive no certificate pay. A Plant Operator II having been issued a T-2 certificate and a D-4 certificate shall receive a $9.00 biweekly certificate pay. 3. Individuals within the Sr. Mechanic classifications are eligible for the following certificate compensation upon being awarded specified certificates issued by the National Institute for Automotive Service Excellence (ASE). It has been agreed by the parties that the following available ASE certificates shall be deemed relevant to the employee’s principal duties. Those certificates as defined by the ASE are:  Alternate Fuels Certification Test (F1)  Advanced Engine Performance Specialist Certification Test (L1)  Electronic Diesel Engine Diagnosis Specialist Certification Test (L2)  Undercar Specialist Exhaust Systems Test (X1)  Any A1-A9 test certificate listed in the Automobile & Light Truck Certification Tests (A Series)  Any E1-E3 test certificate listed in the Truck Equipment Certification Tests (E Series)  Any T1-T8 test certificate listed in the Medium-Heavy Truck Certification Tests (T Series) Where these classified employees have been issued an ASE certificate deemed by the General Manager to be relevant to the employee’s principal duties, the employee shall receive an $8.00 biweekly certificate pay for each certificate, not to exceed two (2) Unrepresented Employees Personnel Manual 19 2018-2023 certificates ($16.00 biweekly). The District agrees to pay the aforementioned certificate pay amounts on a biweekly basis. A.C. Payment by the District of any exam fees, certificate fees, renewal fees or similar fees shall only be made following provision to the District of evidence that the employee has successfully qualified for and been awarded the pertinent certificate(s). The biweekly certificate pay(s) shall be paid only while a certificate remains valid. Section 6.03 – Education Reimbursement The District shall provide pre-approved educational reimbursement for regular full time employees to assist with the cost of tuition, fees, books and parking for undergraduate and graduate level studies up to a Masters level coursework. As education reimbursement each fiscal year, employees may, based upon level of enrollment, receive up to the equivalent of one academic year’s full-time undergraduate or graduate tuition at California State University for an in-state student. To qualify for reimbursement, regular full time employees must successfully complete a pre-approved course with a passing grade (C or better). In the event of a “Credit/No Credit” course, “Credit” will be considered a passing grade. Proof of payment and successful completion of the course with a passing grade as indicated in the District’s Educational Reimbursement Policy must accompany the Educational Tuition Reimbursement form (Exhibit A of the District’s Educational Reimbursement Policy). The employee shall be responsible for any tax consequences as a result of education reimbursement. Once the degree is earned, the employee shall be required to complete three (3) years of District employment from the date the degree is awarded. If, for any reason, the employee separates from the District prior to the completion of three (3) years, he/she shall be required to reimburse the District 1/3 of the total received educational reimbursement for each year remaining. For example, an employee is awarded his/her degree on June 1, 2018. If he/she separates from the District on September 20, 2019, he/she shall reimburse the District 2/3 of the total received educational reimbursement. If he/she separates from the District on September 20, 2020, he/she shall reimburse the District 1/3 of the total received educational reimbursement. Section 6.04 – Commercial Driver’s License Pay An employee who has a valid California Class A Commercial Driver’s License in the performance of their job, shall be eligible for a $23.00 biweekly premium pay. Section 6.05 – Uniforms The District provides Sr. Maintenance Worker, Sr. Mechanic, and Sr. Plant Operator classifications a District-funded cleaning service for uniform pants and shirts Unrepresented Employees Personnel Manual 20 2018-2023 with the employee’s name and District logo. The field uniforms provided to employees may include District-issued shorts and t-shirts which may only be worn in accordance with District established safety guidelines. Section 6.064 – Car Allowance Management Employees will be entitled to car allowance of $400.00/month as determined by the General Manager. ARTICLE VII – WORK SCHEDULE Section 7.01 – Work Week Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. All departments shall keep biweekly timesheets of employees which must be reported in the form and on the dates specified by the Human Resources/Risk and Safety Manager. Unless otherwise authorized by a supervisor, employees are expected to be at work during all scheduled work hours in order that the District may meet its work goals and objectives. Employees who are frequently late and/or absent shall be subject to discipline as outlined in Article XI. A. The regular work week for all employees covered by this manual shall be forty (40) hours as scheduled by the department heads. It is expressly understood the department head may schedule shifts which include evening, weekend and holiday work. B. Paychecks will be distributed on the Thursday following the end of each payroll period. Payroll periods shall be two (2) weeks long, commencing on a Sunday and ending on the last Saturday of the two (2) week period. If the Thursday payday falls on a holiday, the pay shall be distributed on the prior day, a Wednesday. C. 4/10 WORK SCHEDULE: Employees shall be assigned to a four (4) day work week, consisting of ten (10) scheduled hours of work each day. The Board of Directors clearly and unequivocally have the right to terminate the 4/10 schedule at any time during the term of this Manual. In such case, the schedule shall revert to the 9/80 schedule as it existed prior to implementation of the 4/10 schedule. D. ALTERNATIVE WORK SCHEDULES: Work schedules of more than eight hours within one day but not more than forty hours within a period of seven consecutive days (9/80) may be scheduled by management to meet the work needs of the District. Where it meets the needs of both the District and the employee, an alternative work schedule may be scheduled. Employees working a 9/80 schedule shall work nine (9) hours per day on Monday through Thursday, and eight (8) hours per day on Unrepresented Employees Personnel Manual 20 2018-2023 with the employee’s name and District logo. The field uniforms provided to employees may include District-issued shorts and t-shirts which may only be worn in accordance with District established safety guidelines. Section 6.064 – Car Allowance Management Employees will be entitled to car allowance of $400.00/month as determined by the General Manager. ARTICLE VII – WORK SCHEDULE Section 7.01 – Work Week Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. All departments shall keep biweekly timesheets of employees which must be reported in the form and on the dates specified by the Human Resources/Risk and Safety Manager. Unless otherwise authorized by a supervisor, employees are expected to be at work during all scheduled work hours in order that the District may meet its work goals and objectives. Employees who are frequently late and/or absent shall be subject to discipline as outlined in Article XI. A. The regular work week for all employees covered by this manual shall be forty (40) hours as scheduled by the department heads. It is expressly understood the department head may schedule shifts which include evening, weekend and holiday work. B. Paychecks will be distributed on the Thursday following the end of each payroll period. Payroll periods shall be two (2) weeks long, commencing on a Sunday and ending on the last Saturday of the two (2) week period. If the Thursday payday falls on a holiday, the pay shall be distributed on the prior day, a Wednesday. C. 4/10 WORK SCHEDULE: Employees shall be assigned to a four (4) day work week, consisting of ten (10) scheduled hours of work each day. The Board of Directors clearly and unequivocally have the right to terminate the 4/10 schedule at any time during the term of this Manual. In such case, the schedule shall revert to the 9/80 schedule as it existed prior to implementation of the 4/10 schedule. D. ALTERNATIVE WORK SCHEDULES: Work schedules of more than eight hours within one day but not more than forty hours within a period of seven consecutive days (9/80) may be scheduled by management to meet the work needs of the District. Where it meets the needs of both the District and the employee, an alternative work schedule may be scheduled. Employees working a 9/80 schedule shall work nine (9) hours per day on Monday through Thursday, and eight (8) hours per day on Unrepresented Employees Personnel Manual 21 2018-2023 alternating Fridays. Employees shall have every other Friday off. For employees working a 9/80 work schedule, each employee’s designated FLSA work period shall begin exactly four hours after the start of his/her eight hour shift on the day of the week that corresponds with the employee’s alternating regular day off. The 9/80 work schedule is displayed as follows: SU MO TU WE TH FR SA Off 4 (Start Workweek) Off 9 9 9 9 Off (End Workweek) Off Off (Start Workweek) Off 9 9 9 9 4 (End Workweek) E. TIMESHEETS: All District employees must complete timesheets showing hours worked and leave taken. They must be signed by the employee, the employee's supervisor and Department Head or designated representative(s). Notice of any corrections to the timesheets shall be sent to the employee and Department Head. Such corrections shall be deemed final unless questioned by the employee within thirty (30) days after the notice of correction is given to the employee. Unresolved matters may be taken to the General Manager for a final determination. Section 7.02 – Overtime A non-management employee who may be asked to perform overtime shall be notified of the apparent need for such overtime as soon as practicable prior to the commencement of overtime. Overtime opportunities shall be made available first on an equal basis to regular full-time employees capable of performing the work. All overtime must be authorized in advance by the employee’s Department Head, General Manager, or designated representative(s). All non-management employees must accurately report all work time to the nearest five minutes. Overtime is credited in fifteen minute increments; where an employee works 7 minutes or more, the District will round up and pay for fifteen Unrepresented Employees Personnel Manual 22 2018-2023 minutes; where an employee works less than 7 minutes, the District will round down. Time worked as overtime shall not be used to earn supplemental benefits or to serve out probation or merit increase periods. Section 7.03 – Overtime Pay A non-exempt employee shall be compensated at one and one-half (1½) times his/her hourly rate of pay for hours worked in excess of forty (40) hours in any one work period. An exempt non-management employee shall be compensated at one times his/her hourly the rate of pay for hours worked in excess of forty (40) hours in any one work period. Overtime shall be calculated to the nearest one-quarter hour of overtime worked. In addition to actual hours worked, scheduled vacation hours authorized at least twenty-four (24) hours prior to use, compensatory time and/or agency observed holiday time that falls within the employee’s regular shift shall also count as hours worked for purposes of computing overtime. If an agency observed holiday falls outside of an employee’s regular shift and the employee does not actually work on the day of the holiday, the holiday shall not count as hours worked when computing overtime. Sick leave hours which are utilized by the employee, shall not be considered hours worked for purposes of computing overtime eligibility, whether pursuant to this Manual or pursuant to the requirements of the FLSA. Additionally, vacation hours not authorized twenty-four (24) hours prior to use, shall not be considered hours worked for purposes of computing overtime eligibility, whether pursuant to this Manual or pursuant to the requirements of the FLSA. Section 7.04 – Compensatory Time A. Compensatory time, in lieu of monetary overtime compensation, shall be provided at the selection of the employee at a rate equal to one and one- half (1½) hours for non-exempt employees and one (1) hour for non- management exempt employees of compensatory time for each hour of overtime worked to be taken as paid time off. Compensatory time shall be calculated to the nearest one-quarter hour of overtime worked. The maximum amount of compensatory time off which shall be accrued is forty (40) hours. B. At the employee’s discretion, the employee may sell to the District up to forty (40) hours of accrued unused compensatory time. An employee must provide at least fifteen (15) days prior notice to sell-back compensatory time and will only be paid on the last payday in March and July of each year. All unused compensatory time accrued as of the last full pay period in December will be cashed out at the employee’s hourly rate of pay on the last payday in December. Unrepresented Employees Personnel Manual 23 2018-2023 C. Selection of accrued compensatory time in lieu of overtime pay shall be made by the employee at the time he/she submits his/her timesheet. The usage of compensatory time shall be approved in advance by the employee’s manager and/or supervisor. An employee desiring to utilize accrued compensatory time shall submit an Employee Time Off Request Form to his/her supervisor. Compensatory time off may be taken in 15 minute increments, unless in the supervisor’s sole determination, use of the compensatory time off for the requested date(s) and time(s), shall result in an undue hardship to the District. D. In the event an employee is promoted/reclassified to a Management classification, the employee shall be paid for all compensatory time on the books at the employee’s hourly rate of pay prior to the change in classification. E. Upon separation from employment, the employee shall be compensated for all accrued unused compensatory time at the employee’s current hourly rate of pay. Section 7.05 – Fatigue Accommodation The District provides Sr. Maintenance Worker, Sr. Mechanic, and Sr. Plant Operator classifications fatigue accommodation. In any instance where at the direction of a supervisor an employee works sixteen (16) or more hours during a 24 hour period of time, the employee shall be provided with eight (8) consecutive hours of non-work time before being compelled to commence a regularly scheduled shift or to commence other duties on behalf of the District. This section shall not apply to employees who are on standby duty. In any instance where use of the eight (8) consecutive hour period results in the employee being excused from scheduled hours of work, the employee shall have said hours credited as compensable hours worked. In any instance where utilization of the eight (8) consecutive hour period would result in there being three (3) or less hours of scheduled work time remaining should the employee return to his/her work assignment, a department manager shall have discretion to relieve the affected employee of the obligation to report to the District for the remainder of the scheduled hours of work. Where the department manager exercises that discretion, the three (3) or less remaining hours of scheduled work shall be considered compensable hours worked. Section 7.065 – Meals During Emergency Service If an employee is required to remain at work for a minimum of two hours following the close of his/her regular workday for the purpose of performing emergency overtime work, the District shall provide that employee with an adequate meal. If an employee is called out to perform emergency overtime work during the morning hours of a regularly Unrepresented Employees Personnel Manual 24 2018-2023 scheduled working day, the District shall provide that employee with an adequate meal if such overtime work continues past the hour of 7 a.m. If an employee is called out to perform emergency overtime work, the District shall provide an adequate meal at four- hour intervals during the performance of such overtime work. Meal time is considered working time and shall be compensated for at the appropriate overtime rate. The District shall not provide meals before, during or after any overtime work which is scheduled in advance. If the District is unable to provide the employee with a meal the employee is authorized to spend up to $10.00 to obtain a meal and shall be reimbursed upon provision to the District of a receipt. Section 7.076 – Rest Period An employee shall be granted one fifteen (15) minute rest period for each four (4) hours worked. The rest period shall be determined by the supervisor. Rest periods cannot be combined to extend the lunch period or shorten work hours. Section 7.08 – Standby Compensation A Sr. Maintenance Worker or Sr. Plant Operator assigned to standby duty for purposes of being on call to handle emergency situations arising at times other than normal scheduled working hours, and not as an extension of a regularly scheduled shift, shall be paid a flat fee for each day he/she is assigned to standby duty. In those instances where the standby occurs on Monday through and including Thursday, the flat fee during the term of this MOU shall be Thirty-Five Dollars ($35.00). In those instances where the standby occurs on a District recognized holiday and/or Friday through and including Sunday, the flat fee during the term of this MOU shall be Fifty-Five Dollars ($55.00). A “standby day” for purposes of calculating standby compensation shall be that period of time when an employee has been assigned to be available for purposes of handling emergency situations arising at times other than normally scheduled working hours and not as an extension of a regularly scheduled shift. It is understood that standby duty for pump operations will be provided by qualified and available employees as assigned by the supervisor and/or Operations Manager, and that those individuals in Maintenance Worker I and Maintenance Worker II positions determined qualified by the District shall be eligible for standby duty. The pay for standby compensation shall be paid on the regular pay day for the pay period in which the standby duty is completed. An employee on standby duty must (1) be ready to respond immediately to a call for service, (2) be readily available at all hours by telephone or other agreed upon communication equipment, and (3) refrain from activities which might impair their assigned duties upon call. The parties agree that an employee must be able to arrive at District boundaries within forty-five (45) minutes from receiving a call-out. The parties agree that employees on standby duty, as defined above, are “waiting to be engaged.” Unrepresented Employees Personnel Manual 25 2018-2023 Section 7.09 – Call-Out Compensation A “call-out” occurs when an employee on assigned standby duty is required to return to a District worksite or is otherwise required to commence work following the employee’s departure from the worksite at the end of his/her regular scheduled work shift. Therefore, a “call-out” is not an extension of a regular scheduled work shift. Upon being initially “called-out” during each standby day, the employee shall be entitled to at least two (2) hours’ pay at one and one-half (1½) times the employee’s hourly rate of pay, regardless of whether or not the initial call-out work is completed in less than two (2) hours’ time. During any standby day, this two-hour minimum shall apply only once. If a subsequent call-out commences during the period of time for which the employee has received the initial minimum compensation of two (2) hours, there shall not be an additional minimum compensation for this subsequent call-out. The employee shall be compensated at the rate of one and one-half (1½) times the employee’s hourly rate of pay for all hours worked, over the initial two (2) hour minimum compensation provided because of the initial call-out. However, if a call-out occurs subsequent to the initial call-out and two (2) hours or more have elapsed between commencement of the initial call-out and commencement of the subsequent call-out, there shall be a one and one-half (1½) hour minimum call-out compensation provided to the employee for this subsequent call-out. This one and one-half (1½) hour minimum eligibility shall repeat itself throughout the standby period as long as there is two (2) hours or more passage of time between the initial call-out and the subsequent call-out. EXAMPLE: Start Shift 0700 – End Shift 1630 1630 1700 1730 1800 1830 1900 1930 1945 2000 2030 2100 2130 2200 2230 2300 240 0 Call out commences 1800 & ends 1900 10 minute phone call 30 minute call 30 minutes = 2 hours’ pay at 1.5 times hourly rate included in 2 hour minimum .25 hours’ pay at 1.5 times hourly rate 1.5 hours’ pay at 1.5 times hourly rate Unrepresented Employees Personnel Manual 26 2018-2023 Call-out commences at 1800 hours and is completed at 1900 hours. The employee would be paid for two (2) hours at one and one-half (1½) times the hourly rate. At 1930 hours, the employee commences a ten (10) minute call. No additional payment would be due as the employee has already accrued compensation for the two (2) hour minimum. At 1945 hours, the employee commences a thirty (30) minute call. For the call that commenced at 1945 hours, the employee would be paid for .25 additional hours at one and one-half (1½) times the hourly rate, because the call, which lasted until 2015 hours, commenced during the initial two (2) hour minimum payment period but exceeded that period by fifteen (15) minutes. If the initial call-out had commenced at 1830 hours and was completed at 1900 hours and the next call-out had commenced at 2030 hours, the employee would be eligible for a one and one-half (1½) hour minimum call-out payment at one and one-half (1½) times the employee’s hourly rate for the call-out that commenced at 2030 hours, because two (2) hours or more will have passed between the commencement of the initial call-out and the commencement of the subsequent call-out. If a third call-out was to commence on or after 2200 hours, the employee would then be eligible for an additional one and one-half (1½) hour minimum payment. Where a “call-out” requires the employee to leave his/her residence and respond to a designated worksite, computation of compensable work hours shall include travel time to and from the employee’s residence and the worksite. Compensable work hours shall also include time spent on the telephone or other electronic device whereby the “call-out” is assigned and/or efforts by telephone or other electronic devise are undertaken to address the subject of the “call-out.” Employees shall have a District issued ID badge in his/her possession when responding to call-outs for ease of identification from outside the vehicle. ARTICLE IX – LEAVES Section 9.01 – Holidays A. The District’s holiday schedule is set forth in Exhibit “G”. B. For purposes of holiday compensation, compensation shall be equal to the number of hours that the employee normally would have worked other than for the holiday. C. For those employees whose scheduled work week is Monday through Thursday, a District-observed holiday falling on a Friday, Saturday, or Sunday shall convert into a floating holiday to be used within the fiscal year in which it is accrued or the following fiscal year. Any unused floating holiday will be cashed out at the employee’s then hourly rate of pay at the end of the fiscal year following the fiscal year during which the time was Unrepresented Employees Personnel Manual 1 2018-2023 PERSONNEL MANUAL UNREPRESENTED EMPLOYEES EFFECTIVE JULY 1, 2018 THROUGH JUNE 30, 2023 Unrepresented Employees Personnel Manual i 2018-2023 Table of Contents ARTICLE I – MANAGEMENT RIGHTS ........................................................................... 1 Section 1.01 – General ................................................................................................ 1 ARTICLE II – RECOGNITION .......................................................................................... 1 Section 2.01 – General ................................................................................................. 1 ARTICLE III – DEFINITIONS .......................................................................................... 1 Section 3.01 – Definitions ............................................................................................ 1 ARTICLE IV – CLASSIFICATION AND COMPENSATION ............................................. 5 Section 4.01 – Compensation ...................................................................................... 5 Section 4.02 – Classification Revision and Reclassification ........................................ 6 Section 4.03 – Request for Classification Review ........................................................ 6 Section 4.04 – Salary Schedules ................................................................................. 7 Section 4.05 – Salary Step for New Employees .......................................................... 7 Section 4.06 – Probation ............................................................................................. 7 Section 4.07 – Merit Increases .................................................................................... 8 Section 4.08 – Salary on Promotion ............................................................................ 9 Section 4.09 – Salary on Transfer ............................................................................... 9 Section 4.10 – Salary on Demotion ............................................................................. 9 Section 4.11 – Salary on Position Reclassification .................................................... 10 Section 4.12 – Acting Pay .......................................................................................... 10 ARTICLE V – EMPLOYEE BENEFITS .......................................................................... 12 Section 5.01 – Retirement System ............................................................................ 12 Section 5.02 – Employee CalPERS Contribution Rate and Formula ......................... 12 Section 5.03 – Deferred Compensation ..................................................................... 13 Section 5.04 – Medical Insurance .............................................................................. 13 Section 5.05 – Life Insurance and Accidental Death and Dismemberment (AD&D) .. 13 Section 5.06 – Supplemental Life Insurance and Accidental Death and Dismemberment (AD&D) ........................................................................................... 13 Section 5.07 – Long-Term Disability .......................................................................... 13 Section 5.08 – Short Term Disability .......................................................................... 14 Section 5.09 – Dental Insurance ................................................................................ 14 Section 5.10 – Vision Coverage ................................................................................. 14 Section 5.11 – Cafeteria Plan .................................................................................... 14 Section 5.12 – Employee Assistance Program (EAP) ............................................... 14 Section 5.13 – Retiree Insurance Benefits ................................................................. 15 Section 5.14 – Benefits Payroll Deduction ................................................................. 16 ARTICLE VI – MISCELLANEOUS BENEFITS .............................................................. 16 Section 6.01 – Safety Boot Allowance ....................................................................... 16 Section 6.02 – Certificate Pay ................................................................................... 17 Section 6.03 – Education Reimbursement ................................................................. 19 Section 6.04 – Commercial Driver’s License Pay ...................................................... 19 Section 6.05 – Uniforms ............................................................................................ 19 Section 6.06 – Car Allowance .................................................................................... 20 ARTICLE VII – WORK SCHEDULE .............................................................................. 20 Section 7.01 – Work Week ........................................................................................ 20 Unrepresented Employees Personnel Manual ii 2018-2023 Section 7.02 – Overtime ............................................................................................ 21 Section 7.03 – Overtime Pay ..................................................................................... 22 Section 7.04 – Compensatory Time ........................................................................... 22 Section 7.05 – Fatigue Accommodation .................................................................... 23 Section 7.06 – Meals During Emergency Service ...................................................... 23 Section 7.07 – Rest Period ........................................................................................ 24 Section 7.08 – Standby Compensation ...................................................................... 24 Section 7.09 – Call-Out Compensation ...................................................................... 25 ARTICLE IX – LEAVES ................................................................................................. 26 Section 9.01 – Holidays ............................................................................................. 26 Section 9.02 – Vacation Leave .................................................................................. 27 Section 9.03 – Sick Leave ......................................................................................... 28 Section 9.04 – Disability Leave .................................................................................. 30 Section 9.05 – Management Leave ........................................................................... 30 Section 9.06 – Bereavement Leave ........................................................................... 30 Section 9.07 – Unpaid Leave of Absence .................................................................. 31 Section 9.08 – Voting Leave ...................................................................................... 32 Section 9.09 – Jury Duty/Court Testimony ................................................................ 32 Section 9.10 – Military Leave ..................................................................................... 32 ARTICLE X – LAYOFF PROCEDURES ........................................................................ 32 Section 10.01 – Elimination of Position ...................................................................... 32 Section 10.02 – Layoff Procedure.............................................................................. 32 Section 10.03 – Reemployment ................................................................................. 33 Section 10.04 – Salary Upon Reemployment After Layoff ......................................... 34 ARTICLE XI – EMPLOYEE DISCIPLINE ...................................................................... 34 Section 11.01 – Cause for Discipline ......................................................................... 34 Section 11.02 – Types of Actions .............................................................................. 36 Section 11.03 – Progressive Steps ............................................................................ 36 Section 11.04 – Disciplinary Procedure ..................................................................... 37 Section 11.05 – Appeal of Disciplinary Action............................................................ 38 Section 11.06 – Placement in Personnel File ............................................................ 40 Section 11.07 – Employee Acknowledgement ........................................................... 40 Section 11.08 – Paid Administrative Leave ............................................................... 40 Section 11.09 – Job Abandonment ............................................................................ 40 ARTICLE XII – GRIEVANCE PROCEDURE ................................................................. 41 Section 12.01 – Purpose ........................................................................................... 41 Section 12.02 – Matters Subject to the Grievance Procedure ................................... 41 Section 12.03 – Informal Grievance Adjustment ........................................................ 41 Section 12.04 – Formal Grievance Procedure ........................................................... 41 Section 12.05 – General Conditions .......................................................................... 42 Unrepresented Employees Personnel Manual 1 2018-2023 YORBA LINDA WATER DISTRICT PERSONNEL MANUAL FOR UNREPRESENTED EMPLOYEES EFFECTIVE JULY 1, 2018 Yorba Linda Water District (“District”) hereby presents this Personnel Manual (“Manual”) describing the salaries, benefits and special conditions offered by the District and establishing rules, regulations, and procedures for its Unrepresented Employees (“Employees”) which shall be effective July 1, 2018, unless otherwise noted, through June 30, 2023. ARTICLE I – MANAGEMENT RIGHTS Section 1.01 – General There are no provisions in this Manual that shall be deemed to limit or curtail the District in any way in the exercise of the rights, powers and authority which the District had prior to this Personnel Manual unless and only to the extent that the provisions of this Manual specifically curtail or limit such rights, powers and authority. The Manual does not create any contract of employment, expressed or implied, or any rights in the nature of a contract. ARTICLE II – RECOGNITION Section 2.01 – General The provisions of this Manual shall apply to the Unrepresented Employees’ (formerly Professional and Confidential Employee Group, and Management Employee Group) as specified in Exhibit “A”. The Assistant General Manager is at-will and serves at the will of the General Manager and may be dismissed without cause or right of appeal. Articles X, XI, and XII of this Personnel Manual do not apply to this classification. Provisions of this Manual do not apply to part-time, temporary, limited term, contract or intern personnel (employees) unless specifically noted in this manual, District Policy or the employee’s contract. ARTICLE III – DEFINITIONS Section 3.01 – Definitions The following terms as used in this Personnel Manual shall, unless the context clearly indicates otherwise, have the respective meanings described below: Unrepresented Employees Personnel Manual 2 2018-2023 CLASSIFICATION: All positions sufficiently similar in duties, authority, responsibility and working conditions to permit grouping under common title and the application of common standards of selection, transfer, promotion and salary. CONTINUOUS SERVICE: The service of an employee in a payroll status without interruption except for authorized leave(s) of absence from date of hire. DAY: One calendar day, unless expressly noted otherwise. DEMOTION: The voluntary or involuntary transfer of an employee from one classification to another classification with a lower salary grade. DEPARTMENT HEAD: One who functions directly under the authority of the General Manager and Assistant General Manager, has direct responsibility for a particular department or major function, and manages its staff, policies and budget. DISCIPLINARY ACTION: The discharge, demotion, reduction of pay, suspension, or the issuance of a written reprimand or formal warning. A performance evaluation is not a disciplinary action, regardless of the rating. ELIGIBLE: A person whose name is on an employment list, promotional list or reemployment list. EMPLOYEE: An individual within a classification included in Exhibit “A.” Regardless of duties, anybody whom the District deems an independent contractor or volunteer shall not be considered an “employee” for purposes of this Manual. EMPLOYMENT LIST: A. Eligibility List -- A list of candidates who have qualified in an examination open to all qualified individuals and who are eligible for appointment. B. Promotional -- A list of candidates who have qualified in an examination open only to qualified District employees and who are eligible for appointment. C. Reemployment -- A list of former employees who have been laid off and who are eligible for reemployment in his/her former classification or in a comparable classification carrying the same or lower maximum rate of pay. D. Reinstatement -- A list of former employees who resigned from the District in good standing and who are eligible for reinstatement to his/her former classification carrying the same or lower maximum rate of pay. Unrepresented Employees Personnel Manual 3 2018-2023 EXEMPT EMPLOYEE: An employee who is exempt from the overtime payment provisions of FLSA. FAIR LABOR STANDARDS ACT (FLSA): The Federal Law which guarantees non- exempt employees pay at one and one-half (1½) times for working overtime. FISCAL YEAR: A twelve month period from July 1 to June 30 in which the District plans, budgets, appropriates and expends its funds. FULL-TIME POSITION: A position requiring the incumbent to work forty hours or more per week. GRIEVANCE: A claim by a regular employee that the District has violated, misrepresented or misapplied an obligation to the employee, as expressed in the Personnel Manual or other administrative rules, policy, procedures or regulations. Disciplinary actions, the content of performance evaluations, failure of probation, merit increases, reclassification, layoff, transfer or challenges to examinations or appointment are not subject to the grievance procedure. The grievance procedure shall not be used to establish new policies or change any existing rules. GRIEVANCE PROCEDURE: The process by which the validity of a grievance is determined. IMMEDIATE FAMILY: Employee's spouse, domestic partner, parents, children (stepchildren,) foster children, sisters, brothers, grandparents, grandchildren, mother-in- law, father-in-law. LAYOFF: Termination of employment due to elimination of position because of lack of work or lack of available funding, reorganization or an action deemed by the Board to be in the public interest. LEAVE OF ABSENCE: Permission to be absent from work for a specified purpose, with the right to return before or upon the expiration of the leave period. MANAGEMENT EMPLOYEES: Employees within the Assistant General Manager, Engineering Manager, Finance Manager, Human Resources/Risk and Safety Manager, Information Technology Manager, and Operations Manager classifications. MERIT INCREASE: An increase in the base pay rate of an employee from his/her current Step to a higher Step in the salary Range established for his/her classification. The amount of merit increase is awarded based on the employee’s overall performance rating as documented on the Performance Appraisal, not on longevity. NON-EXEMPT EMPLOYEE: An employee who is covered by the overtime provisions of FLSA. Unrepresented Employees Personnel Manual 4 2018-2023 OVERTIME: The time which an exempt or a non-exempt employee is required or permitted to work beyond forty hours in a 7 day work period. Non-exempt employees receive time and a half pay for the hours worked. Exempt non-management employees receive an hour of pay for each hour worked. PART-TIME POSITION: A position requiring the incumbent to work less than forty (40) hours per week. Employees working less than thirty (30) hours per week serve at the will of the General Manager, and may be terminated without cause or without hearing or right of appeal. Employees working 30 hours or more may receive some benefits. POSITION: A combination of duties assigned to be performed by one person. PROBATIONARY EMPLOYEE: An employee whose regular status is contingent upon successful completion of a prescribed period of observation to determine that the employee possesses the ability to perform the duties of the position. The original probationary period is a 12 month working test period and the promotional probationary period is a 6 month working test period, during which an employee is required to demonstrate his/her ability to perform the duties of their position. PROMOTION: The movement of an employee from one classification to another classification with a higher rate of pay. RECLASSIFICATION: The reassignment of a position from one classification title or grade to a different classification title or grade in accordance with a reevaluation of the minimum qualifications, duties, and responsibilities of the position in question. REGULAR FULL TIME EMPLOYEE/REGULAR PART TIME EMPLOYEE: An employee who has completed the Probationary Period and is occupying a position established on a continuing basis, as distinct from temporary employees who serve on a seasonal or intermittent basis. A regular part time employee works thirty hours or more and has completed probation. SALARY SCHEDULE: An annual listing of the minimum through maximum salary grades of pay for all defined District classifications, as prepared by the General Manager and adopted by the Board of Directors. SENIORITY: Seniority is defined as the length of continuous service in the employee's present classification or in higher or equal classification regardless of the department to which assigned. SEPARATION: The separation of an employee from District service because of retirement, resignation, termination, permanent disability, dismissal or death. STEP: The various increments of a salary range, from minimum to maximum, authorized for the subject classification. Unrepresented Employees Personnel Manual 5 2018-2023 SUSPENSION: An involuntary absence imposed by the General Manager for disciplinary purposes or pending investigation or charges. TEMPORARY EMPLOYEE: An employee in a position that is intended to be occupied on less than a year-round basis including, but not limited to the following: to cover seasonal peak workloads; emergency extra workloads of limited duration; vacation relief, paid sick leave or other situations involving a fluctuating staff. Ordinarily, such positions shall not be authorized for over six months. Temporary employees, serve at the will of the General Manager, and may be terminated without cause or without hearing or right of appeal. TRANSFER: Change of an employee from one classification to another having the same maximum salary and similar duties and basic qualifications. WORKWEEK: A regularly reoccurring period of seven (7) consecutive twenty-four (24) hour days. ARTICLE IV – CLASSIFICATION AND COMPENSATION Section 4.01 – Compensation The following base salary increases are considered “persable” compensation and lump sum payments are considered “non-persable” compensation. A. On July 12, 2018, employees shall receive a 1% increase to his/her base salary (Exhibit “B”). On November 15, 2018, employees shall receive a lump sum payment equivalent to 2% of his/her current hourly rate of pay as of November 10, 2018 multiplied by 2080. B. On July 11, 2019, employees shall receive a 2% increase to his/her base salary (Exhibit “C”). On November 14, 2019, employees shall receive a lump sum payment equivalent to 1% of his/her current hourly rate of pay as of November 9, 2019 multiplied by 2080. C. On July 9, 2020, employees shall receive a 1% increase to his/her base salary (Exhibit “D”). On November 12, 2020, employees shall receive a lump sum payment equivalent to 2% of his/her current hourly rate of pay as of November 7, 2020 multiplied by 2080. D. On July 8, 2021, employees shall receive a 2% increase to his/her base salary (Exhibit “E”). On November 10, 2021, employees shall receive a lump sum payment equivalent to 1% of his/her current hourly rate of pay as of November 6, 2021 multiplied by 2080. E. On July 7, 2022, employees shall receive a 1% increase to his/her base salary (Exhibit “F”). On November 10, 2022, employees shall receive a Unrepresented Employees Personnel Manual 6 2018-2023 lump sum payment equivalent to 2% of his/her current hourly rate of pay as of November 5, 2022 multiplied by 2080. Section 4.02 – Classification Revision and Reclassification The classifications in Exhibit “A” may be amended, combined, or abolished and new classifications set forth by the General Manager or a designated representative thereof. In addition, any position may be reclassified to a different classification by the General Manager, or designated representative(s) when there is a change in the duties and responsibilities of the position or other sufficient cause. A demotion is not considered a non-voluntary reclassification of a position to a different classification and is subject to a reduction in pay rate. A. The General Manager or Human Resources/Risk and Safety Manager may initiate, at any time, a study to determine the appropriateness of any position's classification. The General Manager shall make the final determination on all actions arising under this provision, subject to ratification by the Board of Directors at the next available regular Board meeting when the determination results in an amendment to the list of classifications in Exhibit “A”. B. The District shall provide an information copy of the new classification specification for any proposed classification relevant to the Unrepresented Employees. Section 4.03 – Request for Classification Review A. A Department Head may, at any time, submit a request to the Human Resources/Risk and Safety Manager for a review of an employee's position, setting forth the reasons for the request. B. If an employee believes that his/her duties and responsibilities have changed significantly, the employee may request a classification study of his/her position. Such request must be submitted in writing to the Human Resources/Risk and Safety Manager. An employee shall not submit a subsequent request prior to 18 months after completion of any previous classification review. C. The Human Resources/Risk and Safety Manager may conduct a review of the classification and make recommendations to the General Manager. All such requests may be acted upon within sixty (60) days of receipt. The decision of the General Manager shall be final without right of grievance or further hearing. Unrepresented Employees Personnel Manual 7 2018-2023 Section 4.04 – Salary Schedules Salary schedules attached hereto as Exhibits “B”, “C”, “D”, “E”, and “F” shall be in effect for the duration of this Manual. Section 4.05 – Salary Step for New Employees A new employee shall be paid at the first step of the salary range in effect for the classification, unless the General Manager or designated representative thereof approves a higher salary step based on the District’s recruitment needs. Section 4.06 – Probation A. Original Probation: A newly hired employee shall be subject to a twelve (12) month original probationary period. 1. During the original probationary period, an employee may receive a performance evaluation at the end of the employee’s first three months and/or six months of employment and one month prior to the completion of the new employee’s 12-month probationary period. A corresponding personnel action fact sheet will be completed if an employee passes his/her original probation. 2. Failure of Probation: During the original probationary period, an employee may be released from employment at any time without right of appeal or hearing. B. Promotional Probation: An existing employee, upon promotion to a new classification, shall be subject to a six (6) month promotional probationary period. 1. An employee on a promotional probation may receive a performance evaluation at the end of the six (6) months from date of the promotion. A corresponding personnel action fact sheet will be completed if an employee passes his/her promotional probation. 2. Failure of Probation: At any time during the promotional probationary period, any employee may be returned to the classification from which he/she promoted, subject to there existing a vacancy within such classification. If the employee is discharged for cause or resigns, this shall bar a return to the classification from which he/she promoted. C. Extension of Probation: Should the Department Head, Human Resources/Risk and Safety Manager and General Manager determine that a longer period of probation should be required, the appointee shall be Unrepresented Employees Personnel Manual 8 2018-2023 informed in writing of the amount of extension and the reasons for the extension. Extensions shall not exceed six (6) months. Only one extension shall be granted. D. Leave of Absence: The taking of a leave of absence shall automatically cause the employee's probationary period to be extended by the length of the leave where such leave exceeds in excess of fifteen (15) calendar days. Section 4.07 – Merit Increases The advancement of an employee within a classification shall be dependent on the employee exhibiting increased knowledge, skills, and abilities, coupled with meritorious performance. The employee’s supervisor shall evaluate the employee’s performance and if merited, recommend a merit-based step increase. The increase shall not be automatic but may be granted only for continued or sustained improvement by the employee in the effective performance of the duties of his/her position as determined within the District’s sole discretion. The District has an eleven (11) step salary schedule with approximately 2.5% salary difference between steps and 5% salary difference between ranges. A. Each employee shall be reviewed annually following the completion of his/her probationary period. The District utilizes the following ratings for performance evaluations: “Unsatisfactory”, “Needs Improvement”, “Meets Expectations”, “Exceeds Expectations”, and “Outstanding”. B. An employee who receives an overall performance rating “Exceeds Expectations,” no “Unsatisfactory” ratings and no more than two (2) “Needs Improvement” ratings on his/her evaluation shall receive a one (1) step merit increase. C. An employee who receives an overall performance rating of “Outstanding,” no “Unsatisfactory” ratings and no “Needs Improvement” ratings on his/her evaluation shall receive a two (2) step merit increase. D. The resulting rate of pay shall not exceed the rate of pay corresponding to step eleven (11) for the classification. E. The District shall endeavor to have performance reviews completed by the employee’s performance review date. The effective date of any resulting merit increase shall be the first day of the first full pay period that starts after the employee's review date. If the evaluation is delayed, any merit increase resulting from the performance review shall apply retroactively effective the date on which the increase would have otherwise have taken effect. Unrepresented Employees Personnel Manual 9 2018-2023 F. An early merit increase may be granted to an employee who has exhibited an overall performance rating of Outstanding with the approval of the General Manager, or designated representative(s). The scheduled date of the next merit increase shall be upon completion of one (1) year from the date of the early merit increase. G. An employee on an authorized leave of absence that exceeds thirty (30) continuous calendar days (fifteen (15) continuous calendar days for probationary employees), other than for military leave, shall have his/her performance appraisal and merit increase date extended by the number of calendar days he/she was on leave. H. Final approval of all merit increases rests with the General Manager, or a designated representative thereof, whose decision shall be final and not subject to a right of grievance or appeal. It shall be the responsibility of the Human Resources/Risk and Safety Manager and Department Head to ensure that the required performance evaluation is submitted in a timely and complete fashion. In no event shall a merit increase be granted before the requirements of this provision have been satisfied. Section 4.08 – Salary on Promotion Upon promotion to a classification with a higher salary range than that for the classification held immediately prior to the promotion, the promoted employee’s salary shall be at the salary step numerically closest, whether upward or downward, to 5% above the salary step applicable to the employee immediately prior to the promotion. The employee shall be given a new merit review date for purposes of future salary step advancements, which shall be based upon the effective date of promotion. Section 4.09 – Salary on Transfer An employee who is transferred from one position to another in a classification having the same salary range as the classification they formerly occupied shall be compensated at the same step in the salary range. The employee's merit review date shall not change. Section 4.10 – Salary on Demotion A. INVOLUNTARY DEMOTION: An involuntary demotion shall be considered a disciplinary action and shall be subject to the provisions of Article XI. B. VOLUNTARY DEMOTION: An employee who is demoted at their request or upon mutual agreement shall receive the highest salary in the new Unrepresented Employees Personnel Manual 10 2018-2023 classification that does not exceed the employee's rate of pay immediately prior to the voluntary demotion. The employee's merit review date shall not change. Section 4.11 – Salary on Position Reclassification When an employee's position is reclassified and the employee is appointed to the new position, his/her salary shall be determined as follows: A. HIGHER CLASSIFICATION: An employee who is reclassified into a classification with a higher salary range than the previous classification, the employee's salary and merit increase date shall be set in the same manner as if they had been promoted. B. EQUIVALENT CLASSIFICATION: An employee who is reclassified into a classification with a same salary range as the previous classification, the employee’s salary and merit increase date shall not change. C. LOWER CLASSIFICATION: An employee who is reclassified into a classification with a lower salary range than the previous classification shall receive the highest salary in the new classification that does not exceed the employee's rate of pay immediately prior to the reclassification. The employee’s merit increase date shall not change. Section 4.12 – Acting Pay Upon recommendation of the Department head and Human Resources/Risk and Safety Manager, the General Manager may temporarily appoint an employee to assume the duties of a higher job classification and shall be designated as "Acting." An employee who is designated as acting shall receive a minimum increase to the step closest to 5% above the step held by the employee immediately prior to the acting position, or shall be placed on Step 1 of the range established for the acting position, whichever is higher; however, the employee's rate shall not exceed Step 11 of the range established for the acting position at any time. An employee shall receive acting pay until officially released of those duties with the following conditions: A. Compensation shall be requested in writing, outlining the circumstances, and is subject to the approval of the Human Resources/Risk and Safety Manager. B. Acting pay will be effective when the acting appointment begins. C. An employee shall receive acting pay for a maximum of 960 hours per fiscal year. Unrepresented Employees Personnel Manual 11 2018-2023 D. If the employee is scheduled to receive a merit increase for the position in which he/she normally fills while serving in an acting status, the necessary forms shall be completed to document such increase, and such increase shall be implemented upon completion of acting status. E. The employee's merit increase date shall not be affected by acting status unless he/she is appointed to the position in which he/she was acting. If such, his/her review date shall be adjusted to coincide with the date he/she started in the Acting position or as provided in Section 4.12.G. F. If the employee is scheduled to receive any type of payout that was earned for the position in which he/she normally fills while serving in an acting status, the employee shall be paid out at the rate of pay equivalent to the position in which he/she normally fills. G. If an employee who is receiving acting pay is promoted to permanently fill the position in which he/she is acting, the date from which the employee began receiving acting pay shall be credited to the employee's total time worked in the position. Following the promotion, the employee's merit increase, if applicable, will be awarded at the conclusion of the promotional probationary period (including all time he/she was receiving acting pay). All subsequent merit increases will be awarded upon completion of twenty-six (26) complete pay periods. H. If an employee continues to perform the job duties for the position he/she normally fills as well as the duties of the acting classification the following conditions shall apply: 1. Acting pay shall not be reported to CalPERS as special compensation, and therefore is not compensation earnable pursuant to California Public Employees’ Retirement System (CalPERS) Regulations, Section 571. 2. All overtime hours worked shall be paid in accordance with Section 7.02 and 7.03 for the position he/she normally fills. 3. An employee scheduled to receive a merit increase for the position in which he/she normally fills shall receive such increase as scheduled to his/her hourly rate of pay in the position he/she normally fills. 4. An employee shall receive acting pay for a maximum of twenty-six (26) consecutive pay periods. Under special circumstances, the General Manager may authorize an extension to meet the needs of the District. Unrepresented Employees Personnel Manual 12 2018-2023 ARTICLE V – EMPLOYEE BENEFITS Section 5.01 – Retirement System The District participates in the California Public Employees’ Retirement System (CalPERS). Eligible employees are required to participate in accordance with the rules of CalPERS. At its option, the District may change its retirement system provider upon adoption by the Board of Directors. Prior to any changes in retirement benefits, those eligible for retirement must be notified at least 90 days in advance. The CalPERS retirement benefits are available to employees working at least 1,000 hours in a fiscal year. Any employee not eligible for membership in CalPERS shall be placed in the Federal Social Security retirement system. Section 5.02 – Employee CalPERS Contribution Rate and Formula A. Employees hired prior to January 26, 2012 are Tier 1 employees who are enrolled in the 2% at 55 retirement formula with a one year (12 month) final compensation period. Employees pay the full employee contribution rate, which is 7% of pensionable compensation. B. Employees hired between January 26, 2012 and December 31, 2012, and any District employees hired on or after January 1, 2013 who are defined as “classic members” are Tier 2 employees who are enrolled in the 2% at 60 retirement formula with a one year (12 month) final compensation period. Employees pay the full employee contribution rate, which is 7% of pensionable compensation. C. Employees hired on or after January 1, 2013 who are defined as “new members” under the Public Employees’ Pension Reform Act of 2013 (PEPRA) are Tier 3 employees who are enrolled in the 2.0% at 62 (or 2.5% at 67) retirement formula with a three year (36 month) final compensation period. Employees may designate the highest 36 month period. Employees will pay one-half (½) of his/her total normal cost rate as determined by CalPERS. D. The District’s contract with CalPERS includes the following items: Level 4 1959 Survivor Benefit, Annual Cost-of-Living Allowance Increase up to 2%, Prior Service, Military Service Credit as Public Service, Military Service Credit for Retired Persons, Public Service Credit for Peace Corps, AmeriCorps VISTA, or AmeriCorps Service, Public Service Credit for Periods of Layoff, Pre-Retirement Option 2W Death Benefit, Pre- Retirement Death Benefits to continue after remarriage of survivor, $500 Retired Death Benefit, Local System Service Credit included in Basic Death Benefit, Local System Transfer, and Unused Sick Leave Credit. Unrepresented Employees Personnel Manual 13 2018-2023 Section 5.03 – Deferred Compensation The District will match dollar for dollar not to exceed 2% base salary earned per payroll period of an employee’s base salary or the employee’s actual amount of deferred compensation per payroll period, whichever amount is lesser, for employees who are regularly schedule to work in excess of 30 hours per week. Section 5.04 – Medical Insurance The District shall pay 100% of the premium for medical insurance for employees who are regularly schedule to work in excess of 30 hours per week, effective the first of the month following the employee’s date of hire and ⅔ of the additional premium toward employee dependent coverage for covered employees with one or more dependents subject to the provisions of any contract between the District and any company or companies of the District's choosing. The employee shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. Section 5.05 – Life Insurance and Accidental Death and Dismemberment (AD&D) In accordance with the provisions of the contract between the District and any company of the District’s choosing providing such coverage, effective on the first day of the month following his/her date of hire, the District shall provide group life insurance and Accidental Death and Dismemberment (AD&D), in the amount of one-time payment equal to his/her basic annual salary rounded to the next higher multiple of $1,000, for each employee under age 65. An employee who reaches age 65 will have their coverage reduced to 65% of original amount. An employee who reaches age 70 will have their coverage reduced to 50% of original amount. Section 5.06 – Supplemental Life Insurance and Accidental Death and Dismemberment (AD&D) An employee may purchase additional life insurance and AD&D coverage up to $500,000 by authorizing the additional premium to be deducted from his/her salary. In addition, an employee may purchase coverage for their spouse, up to 100% of the employee’s additional life insurance and AD&D amount. Some medical restrictions may apply. An employee may purchase coverage for their children, up to $10,000. Children include the employee’s natural children, legally adopted children, stepchildren and foster children who depend on the employee for support. Eligible children must be unmarried and between the ages of 14 days old up to age 21, or up to age 25 if a full-time student at an accredited college/university. There are no medical restrictions for child coverage. Section 5.07 – Long-Term Disability The District shall provide a long-term disability plan for employees which has a 90-day elimination period and provides 67% of an employee’s monthly pre-disability Unrepresented Employees Personnel Manual 14 2018-2023 earnings to a maximum of $7,000 per month for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. Section 5.08 – Short Term Disability The District shall provide a short-term disability plan for employees which has a 30-day elimination period up to an employee’s eligibility for Long-Term Disability and provides 67% of an employee’s weekly pre-disability earnings up to a maximum of $1,500 per week for a designated period of nine (9) weeks in accordance with coverage procured by the District from a carrier to be determined at the District’s sole discretion. Section 5.09 – Dental Insurance The District shall pay 100% of the premium for dental insurance for employees who are regularly scheduled to work in excess of 30 hours or more per week, effective the first of the month following the employee’s date of hire and ⅔ of the additional premium toward employee dependent coverage for covered employees with one or more dependents in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The employee shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. Section 5.10 – Vision Coverage The District shall pay 100% of the premium for vision insurance for employees who are regularly scheduled to work in excess of 30 hours or more per week, effective the first of the month following the employee’s date of hire and ⅔ of the additional premium toward dependent coverage for covered employees with one or more dependents in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The employee shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. Section 5.11 – Cafeteria Plan The District provides a cafeteria plan under Section 125 of the Internal Revenue Code to employees. Employees can voluntarily participate in both tax advantage flexible health and dependent care plans. Section 5.12 – Employee Assistance Program (EAP) Depending on budget and other considerations, the District may provide an employee assistance program. The EAP provides counseling and other services to assist employees and their families dealing with personal and emotional problems which Unrepresented Employees Personnel Manual 15 2018-2023 affect or might potentially affect their job performance. This counseling is provided through an outside third party company and is strictly confidential. Section 5.13 – Retiree Insurance Benefits For employees hired prior to December 8, 2011, and subject to carrier approval, the District shall pay the amounts provided in Sections 5.04, 5.09, and 5.10 of this Manual for an employee who retires from the District. For every three (3) years of service with the District, the retiree will receive the equivalent of one year of extended benefits, or pro-ration thereof on a quarterly basis. A. To be eligible for this benefit, the employee must at the time of retirement or separation: 1. be regularly assigned to work 30 or more hours per week; 2. be at least 50 years of age; 3. have at least five (5) complete consecutive years of service with the District; 4. provide ninety (90) days’ notice of intent to retire; and 5. retire from the District during the term of this Manual while in good standing (did not retire after being provided written notice that disciplinary investigation/proceedings were pending which in the sole judgment of the District are reasonably anticipated to result in a recommendation of dismissal from employment or which have resulted in a determination by the District to impose dismissal. If a dismissal is appealed and results in a final administrative decision, (and where appealable, a court determination) reinstating the employee, the withheld benefit shall be retroactively implemented to the date of dismissal). In addition, the employee must remain in retired status to maintain eligibility. B. If any benefit period remains when the retiree and/or his/her spouse reaches age 65 this coverage shall become secondary to Medicare for the remainder of the benefit period. C. The retired employee must make any contribution required of a regular employee pursuant to Section 5.04, 5.09, and 5.10 prior to the first day of the month in which coverage is to be extended. Failure of an employee to make such payment shall result in termination of coverage and termination of any right to any benefit pursuant to this section. D. Surviving Spouse/Dependent: If the retired employee dies while receiving this benefit, the coverage will continue for the enrolled family member until the surviving spouse remarries, the child no longer meets all of the Unrepresented Employees Personnel Manual 16 2018-2023 conditions of coverage, or the member enrolls in another group medical plan. E. For purposes of this Manual, retired status means that the employee shall not work for compensation for more than nine hundred sixty (960) hours in any fiscal year (July 1 through June 30). The District shall require an employee to certify under penalty of perjury that the employee has remained on retired status and/or to submit to such additional verification as the District deems necessary to demonstrate retired status. F. Employees hired on or after December 8, 2011 shall be ineligible to receive this benefit. Section 5.14 – Benefits Payroll Deduction Subject to the singular exception of deducting employee health, dental, vision, supplemental life and supplemental accidental death and dismemberment (AD&D) insurance contributions over 24 payroll periods, the District employs 26 payroll periods of two (2) weeks each as a means of distributing compensation. Employee payroll deductions for the employee share of health, dental, vision, supplemental life and supplemental accidental death and dismemberment (AD&D) insurance premium contributions shall be amortized over 24 payroll periods and deducted during said 24 payroll periods. ARTICLE VI – MISCELLANEOUS BENEFITS Section 6.01 – Safety Boot Allowance An employee who is required to wear safety footwear in the performance of his/her job, as determined by the Department Manager, Human Resources/Risk and Safety Manager, and/or Safety and Training Analyst, shall be eligible for District- purchased safety footwear in an amount not to exceed $250 each fiscal year. Safety footwear must meet American Society for Testing and Materials (ASTM) minimum compression and impact performance standards in ASTM F2413 or provide equivalent protection. Employees must purchase the shoes/boots from a District-approved vendor. Any unused funds shall be forfeited at the end of each fiscal year. Any employee who separates from District employment within thirty (30) calendar days of purchasing safety footwear or receiving reimbursement for safety footwear shall be required to reimburse the District for the cost of the safety footwear regardless of the reason for the employee’s separation from the District. If the Department Manager determines that an employee’s safety footwear is no longer safe, the employee’s Department Manager may replace the used footwear with a Unrepresented Employees Personnel Manual 17 2018-2023 new pair of safety footwear (up to $250). The employee will be required to submit the used safety footwear to the District in exchange for the replacement safety footwear. Section 6.02 – Certificate Pay The District shall reimburse employees for sums paid to the appropriate agencies for obtaining or renewing treatment and/or distribution certificates, collection certificates, and other professional certifications, registrations and job related training. A. In addition, the District shall provide a one-time per fiscal year payment of $150.00 per certificate to an employee in the Maintenance Superintendent, Operations Superintendent, and Production Superintendent classifications who has qualified for and been issued a State Water Resources Control Board (SWRCB) Distribution or SWRCB Treatment and/or California Water Environment Association (CWEA) Collection Certificate(s) that is above and beyond the certification(s) required for his/her classification. As determined at the sole discretion of the General Manager, the certificate(s) must be relevant to the employee’s principal duties and must be above and beyond the requirement of the employee’s classification. The $150.00 payment shall be issued during each year in which the applicable certificate(s) remains valid and remains other than a certificate which is a job requirement. B. The District shall provide the below indicated certificate pay amounts where any employee in the Sr. Plant Operator, Sr. Maintenance Worker, classifications has been issued a State Water Resources Control Board (SWRCB) Distribution, SWRCB Treatment, and/or California Water Environment Association (CWEA) Collection Certificate(s) that is above and beyond the certification(s) required for his/her classification. As determined at the sole discretion of the General Manager, the certificate(s) must be relevant to the employee’s principal duties and must be above and beyond the requirement of the employee’s classification. 1. In those instances where an employee has a Treatment, Distribution, and/or Collection Certificate that is above and beyond the certification(s) required for the employee’s classification, the District agrees to pay the following certificate pay amounts on a biweekly basis. Employees will receive no more than two (2) certificate pays per pay period. TREATMENT CERTIFICATE DISTRIBUTION CERTIFICATE COLLECTIONS CERTIFICATE CERTIFICATE PAY PER PAY PERIOD T-1 D-1 C-1 $6.00/PP T-2 D-2 C-2 $7.00/PP T-3 D-3 C-3 $8.00/PP T-4 D-4 C-4 $9.00/PP T-5 D-5 N/A $10.00/PP Unrepresented Employees Personnel Manual 18 2018-2023 2. Subject to certificate pay being limited to a total of two (2) certificates, each affected employee shall be eligible to receive, biweekly, the combined total of the certificate pay amount that relates to any of the above particular levels. For example, an employee having been issued a T-3 certificate shall receive an $8.00 biweekly certificate pay. An employee having been issued a T-3 and a D-4 shall receive a $17.00 biweekly certificate pay. An employee having a T-5, D-5 and a C-4, shall receive a $20.00 biweekly certificate pay. Where three or more certificates have been issued, the two (2) certificates having the highest combined total shall be utilized to determine the total certificate pay. As indicated above, certificate pay will only be paid for an issued certificate which is above the certification required of the employee holding a specific classification. Thus, a Plant Operator II having been issued a T-2 and a D-3 certificate shall receive no certificate pay. A Plant Operator II having been issued a T-2 certificate and a D-4 certificate shall receive a $9.00 biweekly certificate pay. 3. Individuals within the Sr. Mechanic classifications are eligible for the following certificate compensation upon being awarded specified certificates issued by the National Institute for Automotive Service Excellence (ASE). It has been agreed by the parties that the following available ASE certificates shall be deemed relevant to the employee’s principal duties. Those certificates as defined by the ASE are: • Alternate Fuels Certification Test (F1) • Advanced Engine Performance Specialist Certification Test (L1) • Electronic Diesel Engine Diagnosis Specialist Certification Test (L2) • Undercar Specialist Exhaust Systems Test (X1) • Any A1-A9 test certificate listed in the Automobile & Light Truck Certification Tests (A Series) • Any E1-E3 test certificate listed in the Truck Equipment Certification Tests (E Series) • Any T1-T8 test certificate listed in the Medium-Heavy Truck Certification Tests (T Series) Where these classified employees have been issued an ASE certificate deemed by the General Manager to be relevant to the employee’s principal duties, the employee shall receive an $8.00 biweekly certificate pay for each certificate, not to exceed two (2) Unrepresented Employees Personnel Manual 19 2018-2023 certificates ($16.00 biweekly). The District agrees to pay the aforementioned certificate pay amounts on a biweekly basis. C. Payment by the District of any exam fees, certificate fees, renewal fees or similar fees shall only be made following provision to the District of evidence that the employee has successfully qualified for and been awarded the pertinent certificate(s). The biweekly certificate pay(s) shall be paid only while a certificate remains valid. Section 6.03 – Education Reimbursement The District shall provide pre-approved educational reimbursement for regular full time employees to assist with the cost of tuition, fees, books and parking for undergraduate and graduate level studies up to a Masters level coursework. As education reimbursement each fiscal year, employees may, based upon level of enrollment, receive up to the equivalent of one academic year’s full-time undergraduate or graduate tuition at California State University for an in-state student. To qualify for reimbursement, regular full time employees must successfully complete a pre-approved course with a passing grade (C or better). In the event of a “Credit/No Credit” course, “Credit” will be considered a passing grade. Proof of payment and successful completion of the course with a passing grade as indicated in the District’s Educational Reimbursement Policy must accompany the Educational Tuition Reimbursement form (Exhibit A of the District’s Educational Reimbursement Policy). The employee shall be responsible for any tax consequences as a result of education reimbursement. Once the degree is earned, the employee shall be required to complete three (3) years of District employment from the date the degree is awarded. If, for any reason, the employee separates from the District prior to the completion of three (3) years, he/she shall be required to reimburse the District 1/3 of the total received educational reimbursement for each year remaining. For example, an employee is awarded his/her degree on June 1, 2018. If he/she separates from the District on September 20, 2019, he/she shall reimburse the District 2/3 of the total received educational reimbursement. If he/she separates from the District on September 20, 2020, he/she shall reimburse the District 1/3 of the total received educational reimbursement. Section 6.04 – Commercial Driver’s License Pay An employee who has a valid California Class A Commercial Driver’s License in the performance of their job, shall be eligible for a $23.00 biweekly premium pay. Section 6.05 – Uniforms The District provides Sr. Maintenance Worker, Sr. Mechanic, and Sr. Plant Operator classifications a District-funded cleaning service for uniform pants and shirts Unrepresented Employees Personnel Manual 20 2018-2023 with the employee’s name and District logo. The field uniforms provided to employees may include District-issued shorts and t-shirts which may only be worn in accordance with District established safety guidelines. Section 6.06 – Car Allowance Management Employees will be entitled to car allowance of $400.00/month as determined by the General Manager. ARTICLE VII – WORK SCHEDULE Section 7.01 – Work Week Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. All departments shall keep biweekly timesheets of employees which must be reported in the form and on the dates specified by the Human Resources/Risk and Safety Manager. Unless otherwise authorized by a supervisor, employees are expected to be at work during all scheduled work hours in order that the District may meet its work goals and objectives. Employees who are frequently late and/or absent shall be subject to discipline as outlined in Article XI. A. The regular work week for all employees covered by this manual shall be forty (40) hours as scheduled by the department heads. It is expressly understood the department head may schedule shifts which include evening, weekend and holiday work. B. Paychecks will be distributed on the Thursday following the end of each payroll period. Payroll periods shall be two (2) weeks long, commencing on a Sunday and ending on the last Saturday of the two (2) week period. If the Thursday payday falls on a holiday, the pay shall be distributed on the prior day, a Wednesday. C. 4/10 WORK SCHEDULE: Employees shall be assigned to a four (4) day work week, consisting of ten (10) scheduled hours of work each day. The Board of Directors clearly and unequivocally have the right to terminate the 4/10 schedule at any time during the term of this Manual. In such case, the schedule shall revert to the 9/80 schedule as it existed prior to implementation of the 4/10 schedule. D. ALTERNATIVE WORK SCHEDULES: Work schedules of more than eight hours within one day but not more than forty hours within a period of seven consecutive days (9/80) may be scheduled by management to meet the work needs of the District. Where it meets the needs of both the District and the employee, an alternative work schedule may be scheduled. Employees working a 9/80 schedule shall work nine (9) hours per day on Monday through Thursday, and eight (8) hours per day on Unrepresented Employees Personnel Manual 21 2018-2023 alternating Fridays. Employees shall have every other Friday off. For employees working a 9/80 work schedule, each employee’s designated FLSA work period shall begin exactly four hours after the start of his/her eight hour shift on the day of the week that corresponds with the employee’s alternating regular day off. The 9/80 work schedule is displayed as follows: SU MO TU WE TH FR SA Off 4 (Start Workweek) Off 9 9 9 9 Off (End Workweek) Off Off (Start Workweek) Off 9 9 9 9 4 (End Workweek) E. TIMESHEETS: All District employees must complete timesheets showing hours worked and leave taken. They must be signed by the employee, the employee's supervisor and Department Head or designated representative(s). Notice of any corrections to the timesheets shall be sent to the employee and Department Head. Such corrections shall be deemed final unless questioned by the employee within thirty (30) days after the notice of correction is given to the employee. Unresolved matters may be taken to the General Manager for a final determination. Section 7.02 – Overtime A non-management employee who may be asked to perform overtime shall be notified of the apparent need for such overtime as soon as practicable prior to the commencement of overtime. Overtime opportunities shall be made available first on an equal basis to regular full-time employees capable of performing the work. All overtime must be authorized in advance by the employee’s Department Head, General Manager, or designated representative(s). All non-management employees must accurately report all work time to the nearest five minutes. Overtime is credited in fifteen minute increments; where an employee works 7 minutes or more, the District will round up and pay for fifteen Unrepresented Employees Personnel Manual 22 2018-2023 minutes; where an employee works less than 7 minutes, the District will round down. Time worked as overtime shall not be used to earn supplemental benefits or to serve out probation or merit increase periods. Section 7.03 – Overtime Pay A non-exempt employee shall be compensated at one and one-half (1½) times his/her hourly rate of pay for hours worked in excess of forty (40) hours in any one work period. An exempt non-management employee shall be compensated at one times his/her hourly the rate of pay for hours worked in excess of forty (40) hours in any one work period. Overtime shall be calculated to the nearest one-quarter hour of overtime worked. In addition to actual hours worked, scheduled vacation hours authorized at least twenty-four (24) hours prior to use, compensatory time and/or agency observed holiday time that falls within the employee’s regular shift shall also count as hours worked for purposes of computing overtime. If an agency observed holiday falls outside of an employee’s regular shift and the employee does not actually work on the day of the holiday, the holiday shall not count as hours worked when computing overtime. Sick leave hours which are utilized by the employee, shall not be considered hours worked for purposes of computing overtime eligibility, whether pursuant to this Manual or pursuant to the requirements of the FLSA. Additionally, vacation hours not authorized twenty-four (24) hours prior to use, shall not be considered hours worked for purposes of computing overtime eligibility, whether pursuant to this Manual or pursuant to the requirements of the FLSA. Section 7.04 – Compensatory Time A. Compensatory time, in lieu of monetary overtime compensation, shall be provided at the selection of the employee at a rate equal to one and one- half (1½) hours for non-exempt employees and one (1) hour for non- management exempt employees of compensatory time for each hour of overtime worked to be taken as paid time off. Compensatory time shall be calculated to the nearest one-quarter hour of overtime worked. The maximum amount of compensatory time off which shall be accrued is forty (40) hours. B. At the employee’s discretion, the employee may sell to the District up to forty (40) hours of accrued unused compensatory time. An employee must provide at least fifteen (15) days prior notice to sell-back compensatory time and will only be paid on the last payday in March and July of each year. All unused compensatory time accrued as of the last full pay period in December will be cashed out at the employee’s hourly rate of pay on the last payday in December. Unrepresented Employees Personnel Manual 23 2018-2023 C. Selection of accrued compensatory time in lieu of overtime pay shall be made by the employee at the time he/she submits his/her timesheet. The usage of compensatory time shall be approved in advance by the employee’s manager and/or supervisor. An employee desiring to utilize accrued compensatory time shall submit an Employee Time Off Request Form to his/her supervisor. Compensatory time off may be taken in 15 minute increments, unless in the supervisor’s sole determination, use of the compensatory time off for the requested date(s) and time(s), shall result in an undue hardship to the District. D. In the event an employee is promoted/reclassified to a Management classification, the employee shall be paid for all compensatory time on the books at the employee’s hourly rate of pay prior to the change in classification. E. Upon separation from employment, the employee shall be compensated for all accrued unused compensatory time at the employee’s current hourly rate of pay. Section 7.05 – Fatigue Accommodation The District provides Sr. Maintenance Worker, Sr. Mechanic, and Sr. Plant Operator classifications fatigue accommodation. In any instance where at the direction of a supervisor an employee works sixteen (16) or more hours during a 24 hour period of time, the employee shall be provided with eight (8) consecutive hours of non-work time before being compelled to commence a regularly scheduled shift or to commence other duties on behalf of the District. This section shall not apply to employees who are on standby duty. In any instance where use of the eight (8) consecutive hour period results in the employee being excused from scheduled hours of work, the employee shall have said hours credited as compensable hours worked. In any instance where utilization of the eight (8) consecutive hour period would result in there being three (3) or less hours of scheduled work time remaining should the employee return to his/her work assignment, a department manager shall have discretion to relieve the affected employee of the obligation to report to the District for the remainder of the scheduled hours of work. Where the department manager exercises that discretion, the three (3) or less remaining hours of scheduled work shall be considered compensable hours worked. Section 7.06 – Meals During Emergency Service If an employee is required to remain at work for a minimum of two hours following the close of his/her regular workday for the purpose of performing emergency overtime work, the District shall provide that employee with an adequate meal. If an employee is called out to perform emergency overtime work during the morning hours of a regularly Unrepresented Employees Personnel Manual 24 2018-2023 scheduled working day, the District shall provide that employee with an adequate meal if such overtime work continues past the hour of 7 a.m. If an employee is called out to perform emergency overtime work, the District shall provide an adequate meal at four- hour intervals during the performance of such overtime work. Meal time is considered working time and shall be compensated for at the appropriate overtime rate. The District shall not provide meals before, during or after any overtime work which is scheduled in advance. If the District is unable to provide the employee with a meal the employee is authorized to spend up to $10.00 to obtain a meal and shall be reimbursed upon provision to the District of a receipt. Section 7.07 – Rest Period An employee shall be granted one fifteen (15) minute rest period for each four (4) hours worked. The rest period shall be determined by the supervisor. Rest periods cannot be combined to extend the lunch period or shorten work hours. Section 7.08 – Standby Compensation A Sr. Maintenance Worker or Sr. Plant Operator assigned to standby duty for purposes of being on call to handle emergency situations arising at times other than normal scheduled working hours, and not as an extension of a regularly scheduled shift, shall be paid a flat fee for each day he/she is assigned to standby duty. In those instances where the standby occurs on Monday through and including Thursday, the flat fee during the term of this MOU shall be Thirty-Five Dollars ($35.00). In those instances where the standby occurs on a District recognized holiday and/or Friday through and including Sunday, the flat fee during the term of this MOU shall be Fifty-Five Dollars ($55.00). A “standby day” for purposes of calculating standby compensation shall be that period of time when an employee has been assigned to be available for purposes of handling emergency situations arising at times other than normally scheduled working hours and not as an extension of a regularly scheduled shift. It is understood that standby duty for pump operations will be provided by qualified and available employees as assigned by the supervisor and/or Operations Manager, and that those individuals in Maintenance Worker I and Maintenance Worker II positions determined qualified by the District shall be eligible for standby duty. The pay for standby compensation shall be paid on the regular pay day for the pay period in which the standby duty is completed. An employee on standby duty must (1) be ready to respond immediately to a call for service, (2) be readily available at all hours by telephone or other agreed upon communication equipment, and (3) refrain from activities which might impair their assigned duties upon call. The parties agree that an employee must be able to arrive at District boundaries within forty-five (45) minutes from receiving a call-out. The parties agree that employees on standby duty, as defined above, are “waiting to be engaged.” Unrepresented Employees Personnel Manual 25 2018-2023 Section 7.09 – Call-Out Compensation A “call-out” occurs when an employee on assigned standby duty is required to return to a District worksite or is otherwise required to commence work following the employee’s departure from the worksite at the end of his/her regular scheduled work shift. Therefore, a “call-out” is not an extension of a regular scheduled work shift. Upon being initially “called-out” during each standby day, the employee shall be entitled to at least two (2) hours’ pay at one and one-half (1½) times the employee’s hourly rate of pay, regardless of whether or not the initial call-out work is completed in less than two (2) hours’ time. During any standby day, this two-hour minimum shall apply only once. If a subsequent call-out commences during the period of time for which the employee has received the initial minimum compensation of two (2) hours, there shall not be an additional minimum compensation for this subsequent call-out. The employee shall be compensated at the rate of one and one-half (1½) times the employee’s hourly rate of pay for all hours worked, over the initial two (2) hour minimum compensation provided because of the initial call-out. However, if a call-out occurs subsequent to the initial call-out and two (2) hours or more have elapsed between commencement of the initial call-out and commencement of the subsequent call-out, there shall be a one and one-half (1½) hour minimum call-out compensation provided to the employee for this subsequent call-out. This one and one-half (1½) hour minimum eligibility shall repeat itself throughout the standby period as long as there is two (2) hours or more passage of time between the initial call-out and the subsequent call-out. EXAMPLE: Start Shift 0700 – End Shift 1630 1630 1700 1730 1800 1830 1900 1930 1945 2000 2030 2100 2130 2200 2230 2300 240 0 Call out commences 1800 & ends 1900 10 minute phone call 30 minute call 30 minutes = 2 hours’ pay at 1.5 times hourly rate included in 2 hour minimum .25 hours’ pay at 1.5 times hourly rate 1.5 hours’ pay at 1.5 times hourly rate Unrepresented Employees Personnel Manual 26 2018-2023 Call-out commences at 1800 hours and is completed at 1900 hours. The employee would be paid for two (2) hours at one and one-half (1½) times the hourly rate. At 1930 hours, the employee commences a ten (10) minute call. No additional payment would be due as the employee has already accrued compensation for the two (2) hour minimum. At 1945 hours, the employee commences a thirty (30) minute call. For the call that commenced at 1945 hours, the employee would be paid for .25 additional hours at one and one-half (1½) times the hourly rate, because the call, which lasted until 2015 hours, commenced during the initial two (2) hour minimum payment period but exceeded that period by fifteen (15) minutes. If the initial call-out had commenced at 1830 hours and was completed at 1900 hours and the next call-out had commenced at 2030 hours, the employee would be eligible for a one and one-half (1½) hour minimum call-out payment at one and one-half (1½) times the employee’s hourly rate for the call-out that commenced at 2030 hours, because two (2) hours or more will have passed between the commencement of the initial call-out and the commencement of the subsequent call-out. If a third call-out was to commence on or after 2200 hours, the employee would then be eligible for an additional one and one-half (1½) hour minimum payment. Where a “call-out” requires the employee to leave his/her residence and respond to a designated worksite, computation of compensable work hours shall include travel time to and from the employee’s residence and the worksite. Compensable work hours shall also include time spent on the telephone or other electronic device whereby the “call-out” is assigned and/or efforts by telephone or other electronic devise are undertaken to address the subject of the “call-out.” Employees shall have a District issued ID badge in his/her possession when responding to call-outs for ease of identification from outside the vehicle. ARTICLE IX – LEAVES Section 9.01 – Holidays A. The District’s holiday schedule is set forth in Exhibit “G”. B. For purposes of holiday compensation, compensation shall be equal to the number of hours that the employee normally would have worked other than for the holiday. C. For those employees whose scheduled work week is Monday through Thursday, a District-observed holiday falling on a Friday, Saturday, or Sunday shall convert into a floating holiday to be used within the fiscal year in which it is accrued or the following fiscal year. Any unused floating holiday will be cashed out at the employee’s then hourly rate of pay at the end of the fiscal year following the fiscal year during which the time was Unrepresented Employees Personnel Manual 27 2018-2023 accrued. For example, any unused floating holiday time accrued during fiscal year 2017-18 would be paid out at the end of fiscal year 2018-19. D. In order to be eligible for Holiday pay, an employee must be either at work, on paid leave of absence, or on a leave of absence protected by law (e.g., FMLA/CFRA) on the regularly scheduled workday immediately preceding the day observed as the holiday and the regularly scheduled workday immediately following the day observed as the holiday. E. Employees working at least 20 hours but not more than 30 hours may receive holiday pay in proportion to the average of normal hours worked as a part-time employee compared to full time, (i.e., 4 hours per day worked by a regular part-time employee would be paid 4 hours on a holiday). Section 9.02 – Vacation Leave A. An employee who is regularly scheduled to work more than thirty (30) hours per week shall accrue vacation leave time with pay as follows: Duration of Continuous Regular Employment Hours Accrued per Pay Period During 1st through 60th month (0-5 yrs) 3.077 hrs = 2.0 wks/yr During 61st through 120th month (5-10 yrs) 4.615 hrs = 3.0 wks/yr During 121st through 180th month (10-15 yrs) 5.384 hrs = 3.5 wks/yr During 181st through 240th month (15-20 yrs) 6.153 hrs = 4.0 wks/yr During 241st month and thereafter (20+ yrs) 6.922 hrs = 4.5 wks/yr B. Vacation leave shall continue to accrue in accordance with the above provisions when an employee is either at work, or on a paid leave of absence. C. Vacation leave shall be scheduled with due regard to the interests of the District and must be approved in advance by the employee’s Department Manager or immediate supervisor. D. An employee may not take more vacation leave than the amount the employee has accrued. The minimum amount of vacation leave that may be taken at any given time shall be fifteen (15) minute increments. E. An employee on an original probationary period shall accrue vacation commencing with the start of employment but shall be ineligible to use accrued vacation leave prior to successfully completing of six (6) months of service. Unrepresented Employees Personnel Manual 28 2018-2023 F. The total maximum vacation that may be accrued shall be one and one- half (1½) times the amount that may be accrued in one year of service, based on the employee’s rate of accrual. If the employee has accrued the maximum total amount of vacation, no additional vacation shall be accrued, nor shall the cash equivalent of excess vacation accruals be earned. However, where in the sole discretion of the General Manager it is determined that requirements of the District are the sole reason for an employee being unable to timely schedule and utilize vacation time off, said employee may be provided authorization to accrue additional vacation time in an amount determined in the sole discretion of the General Manager. G. Upon separation, an employee shall be cashed out at their current rate of pay for any vacation leave accrued but not taken. H. An employee who has been employed by the District for more than one year may sell to the District up to forty (40) hours of accrued unused vacation leave. To be eligible for this benefit, an employee must submit his/her irrevocable election by December 31st of each year to be paid on the second payday in November of the following year to receive cash for up to forty (40) hours of vacation time that would otherwise accrue in the immediate following year. For example, an employee irrevocably elects to sell 40 hours of vacation leave on December 12, 2018. The employee will be paid out on November 27, 2019. I. An employee who works, or is on a paid leave of absence between twenty (20) and thirty (30) hours per week shall accrue vacation leave on a proportionate basis relative to a full time employee. Section 9.03 – Sick Leave A. Sick leave is not an earned right to time off from work. Sick leave is provided for use if the employee is unable to work because of illness, and as otherwise required by law. B. An employee eligible for paid sick leave shall be granted such leave for the following reasons: 1. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or a member of the employee’s immediate family. 2. For employees who are victims of domestic violence, sexual assault, or stalking: a) to obtain a temporary restraining order or other court assistance to help ensure the health, safety, or welfare of the employee or his or her child; or b) obtain medical attention or Unrepresented Employees Personnel Manual 29 2018-2023 psychological counseling, services from a shelter, program or crisis center, or participate in safety planning or other actions to increase safety. C. In order to receive sick pay if the need for leave is foreseeable, e.g., for routine medical or dental appointments, the employee must notify their immediate supervisor twenty-four (24) hours in advance. If the need for sick leave is not foreseeable, the employee shall provide advance notice as soon as practicable. If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave. D. In the event that an employee is absent on sick leave in excess of three (3) days or twenty-four (24) hours, or if the District has cause to believe that an employee is misusing sick leave, the District may require that the employee submit a written statement by a physician licensed by the State of California certifying that the condition of the employee or the employee’s family member prevented the employee from performing his/her duties. All employees who use paid leave to address issues related to domestic violence, sexual assault, or stalking, and who cannot provide advance notice of their need for leave, must provide certification of the need for leave within a reasonable time thereafter. E. An employee who is regularly scheduled to work more than thirty (30) hours shall accrue sick leave at the rate of 3.70 hours per payroll period. Sick Leave shall continue to accrue when an employee is either at work, or on a paid leave of absence. F. An employee may not take more sick leave time than the amount the employee has accrued. The minimum amount of sick leave that may be taken at any time shall be fifteen (15) minutes. An employee may use accrued sick leave beginning on the 90th day after the first day of employment, subject to the limits and request provisions in this Section. G. CalPERS Unused Sick Leave Credit: An employee who retires in accordance with the Public Employees' Retirement System qualifications shall be paid at the rate of their final salary for ⅜ of their accumulated days of sick leave, if any, at the time of separation from active employment. The remaining ⅝ of their accumulated days of sick leave will be converted into CalPERS service credit. H. An employee who works, or is on a paid leave of absence between twenty (20) and thirty (30) hours per week shall accrue sick leave on a proportionate basis relative to a full time employee. Unrepresented Employees Personnel Manual 30 2018-2023 I. An employees who is laid off from District employment after being employed by the District for five (5) or more complete consecutive years of regular employment, shall be compensated for accumulated, unused sick leave above 400 hours as follows: YEARS PERCENT PAYABLE ABOVE 400 HOURS ON THE BOOKS 5 through 9 20% 10 through 15 25% 16 through 20 and above 30% Employees who are terminated from the District for cause, or who resign in lieu of termination, shall not be eligible for this benefit. Section 9.04 – Disability Leave A. In situations where an employee has been injured in a non-duty accident and his/her disability leave exceeds thirty (30) continuous calendar days, their merit review and anniversary dates will be adjusted accordingly for that portion of leave exceeding thirty (30) continuous calendar days. B. An injured employee may elect to take sick leave and/or vacation leave, if available, subject to the limitation that his/her disability payment, when added to his/her paid leave, does not result in a net payment exceeding his/her regular compensation. Section 9.05 – Management Leave Management Employees shall receive a maximum of forty (40) hours of management leave each fiscal year which is strongly encouraged to be used within the fiscal year in which it is accrued. Any unused management leave will be cashed out at the employee’s then hourly rate of pay at the end of the fiscal year. There will be no carry-over of management leave time to the next fiscal year. Management Employees joining after the start of the fiscal year shall receive a prorated benefit based on the number of remaining payroll periods in the fiscal year. Section 9.06 – Bereavement Leave Upon the death of an immediate family member, an employee shall be entitled to use up to three (3) days of District-paid bereavement leave to attend funeral services and/or conduct business associated with the deceased. The General Manager, at his/her sole discretion, may allow the employee to use up to an additional four (4) days of sick leave for this purpose. Unrepresented Employees Personnel Manual 31 2018-2023 The General Manager, at his/her sole discretion, may also allow an employee to use up to four (4) days of sick leave, if available, for bereavement of a non-immediate family member. Section 9.07 – Unpaid Leave of Absence A. An employee’s request for any unpaid leave of absence shall be submitted to the Human Resources/Risk and Safety Manager. In consultation with Human Resources/Risk and Safety Manager, department managers may grant an employee a leave of absence without pay for a period not to exceed two (2) weeks. B. In consultation with the Human Resources/Risk and Safety Manager, the General Manager may grant an employee a leave of absence without pay or seniority for a period not to exceed six (6) months. Any leave of absence for a period longer than six (6) months must be approved by the Board of Directors. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. Approval, if granted, shall be in writing from the General Manager, or designated representative(s) thereof, and such approval shall be entirely at their discretion C. Except as provided by law, the District shall not be required to make contributions toward insurance or retirement coverage. An employee on an unpaid leave of absence for more than thirty (30) continuous calendar days shall submit to the District any and all actual premiums for any and all insurance coverage. If the employee chooses not to submit any or all of these premiums, their coverage shall be terminated within the limits prescribed by the benefit carriers and shall be reinstated within the limits prescribed by the benefit carrier at the time of their reinstatement by the District. D. Upon expiration of an approved unpaid leave of absence or within twenty- four (24) hours’ notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted or to a comparable position. Failure on the part of an employee to report to work promptly at the expiration of the approved leave period may subject the employee to disciplinary action up to and including termination. The depositing in the United States mail of a first-class postage-paid letter addressed to the employee’s last known place of residence shall be reasonable notice. E. Except as provided by law, an employee on an unpaid leave of absence in exceeding thirty (30) continuous calendar days shall have his/her seniority extended by the number of calendar days they were on leave. Unrepresented Employees Personnel Manual 32 2018-2023 Section 9.08 – Voting Leave An employee may take off such working time as shall enable them to vote, providing such employee is a registered voter and does not have sufficient time outside regular working hours within which to vote. A maximum of two hours may be taken with pay. The scheduling of the time referenced above is subject to approval of the Department head and shall normally be at the beginning or end of the work shift. Section 9.09 – Jury Duty/Court Testimony An employee required to serve as a trial juror shall be entitled to be absent from their duties during the period of jury service. The employee shall receive full compensation from the District for a period not to exceed ten (10) working days for each period of jury duty. If court records indicate that the employee advised the court of this ten (10) working day limit for which the District provides payment, and the employee is nonetheless selected for a jury, and the jury duty exceeds ten (10) working days, the excess days shall be paid by the District. Witness fees or juror fees, with the exception of mileage reimbursement, shall be submitted to the District. Section 9.10 – Military Leave Payment of an employee on military leave is governed by law. Employees must submit a copy of military orders to the Human Resources/Risk and Safety Manager prior to the beginning of the military leave period and as soon as the employee knows of the need to request such leave, except where military necessity dictates. ARTICLE X – LAYOFF PROCEDURES Section 10.01 – Elimination of Position The Board may require elimination or curtailment of a public service activity if the Board determines it is in the public interest. Such Board action may result in the layoff of one or more employees. The following procedure is intended to provide consideration to seniority of service. Section 10.02 – Layoff Procedure A. When employees have equal seniority for retention in a classification, the employee with the longest length of continuous service with the District since the employee’s last date of hire shall have the highest retention priority. B. ORDER OF LAYOFF: When layoff is necessary, employees are subject to layoff by classification and by department in the following order: 1. Temporary employees shall be laid off in an order determined by seniority. Unrepresented Employees Personnel Manual 33 2018-2023 2. Probationary and provisional (acting) employees shall be laid off in an order determined by seniority. 3. Regular and promotional probationary employees shall be laid off in an order determined by seniority. C. SENIORITY LIST: Employees shall be subject to layoff as follows: 1. The names of all employees in a classification within a department shall be listed in order of seniority according to the categories described above. The procedure described below shall be applied to each category in order until it is exhausted before moving to the next category. 2. If one layoff is to be made, the three (3) least senior employees shall be considered. If more than one layoff is to be made, the number of employees lowest in seniority equal to the number of layoffs plus two shall be considered. The General Manager shall base layoff decisions on seniority. 3. In order to avoid layoff, an employee laid off under the provisions of Section 10.02.C.2 above may, within three (3) working days of receiving the layoff notice, request demotion to a position in any lower classification within the same series, or in an equivalent series, or in any classification within the classified service in which the employee previously held regular status. Whether to allow an incumbent to bump shall be based upon seniority. The decision must be recommended by the Human Resources/Risk and Safety Manager and approved by the General Manager. 4. In the case of any question as to the equivalency of classifications for purposes of Section 10.02.C.3 above, the decision of the Human Resources/Risk and Safety Manager is final. D. WRITTEN NOTICE OF LAYOFF: Any employee to be laid off shall be given written notice of layoff not less than fourteen (14) calendar days prior to the effective date of such layoff. Section 10.03 – Reemployment A. REEMPLOYMENT LIST: The names of persons laid off shall be placed on a reemployment list for each classification in the same and any equivalent series at or below the level of the classification from which laid off and for each classification in which regular status was previously held. Unrepresented Employees Personnel Manual 34 2018-2023 These names shall be placed on the reemployment list in reverse order of layoff. The last employee laid off is the first employee on the reemployment list, with other laid off employees listed in sequential order thereafter. An employee whose position has been reallocated to a lower classification but who has not been demoted for cause shall also have his/her names placed on the reemployment list for the classification from which his/her position was reallocated. Reemployment lists shall be certified by the Human Resources/Risk and Safety Manager and be valid for one year from the date of layoff. B. APPOINTMENTS: The General Manager shall select from among the three highest available and qualified on the reemployment list. Qualifications shall be determined by the last performance evaluation prior to layoff. C. PRIOR SERVICE AND ANNIVERSARY DATE: For the purpose of computing total seniority with the District, an employee reemployed shall have the same prior service credited to them as they had at the time of layoff. Upon reemployment an employee shall be credited with the same portion of a year as that credited at the time of layoff for purposes of establishing a new anniversary date for merit increase eligibility. Section 10.04 – Salary Upon Reemployment After Layoff An employee reemployed in the same classification or a comparable classification shall be placed in the same salary step held upon layoff. ARTICLE XI – EMPLOYEE DISCIPLINE Section 11.01 – Cause for Discipline Employees who have passed probation may be subject to discipline for reasons including but not limited to the following: A. FRAUD IN SECURING EMPLOYMENT: Making a false statement on an application for employment or on any supporting documents furnished with or made part of any application. B. INEFFECTIVENESS: Failing to meet or comply with the minimum standards of a position or to perform the duties required of an employee in that position in an effective and timely manner. C. ABSENTEEISM: Excessive absences or repeated lateness for work. Unrepresented Employees Personnel Manual 35 2018-2023 D. DISOBEDIENCE/INSUBORDINATION: Willfully failing to follow or conform to established supervisor’s lawful orders or directions, or acting in an insulting or demeaning manner toward a supervisor. E. DISHONESTY: Communicating information in an untruthful or misleading manner. F. SUBSTANCE ABUSE: Being under the influence of alcohol or illegal drugs while on duty. G. VIOLATION OF DISTRICT/DEPARTMENT/SECTION RULES OR POLICIES: Violation of the Personnel Manual, District policies and/or procedures, departmental/section rules, or professional standards. H. DISCOURTESY: Discourteous treatment of other employees or members of the public. I. PROPERTY USE: Improper or unauthorized use of District property. J. UNBECOMING CONDUCT: Conduct likely to cause discredit to the employee or the District or impair the ability of oneself or others to effectively perform job duties. K. ABUSE OF LEAVE: Abuse of sick leave or other leaves, including, but not limited to, using leave for unauthorized purposes. L. CARELESSNESS/NEGLIGENCE: Careless or negligent behavior in the care or handling of District property. M. UNAUTHORIZED OVERTIME: Performing overtime work without prior authorization. N. FRAUDULENT ACTION: Falsifying a timesheet, production records overtime sheets or other work record, or engaging in fraud of any type. O. SLEEPING ON DUTY. P. READING NON-WORK RELATED MATERIAL DURING WORKING HOURS, EXCEPT DURING AUTHORIZED BREAKS AND/OR MEAL PERIODS. Q. CARRYING A FIREARM OR OTHER UNAUTHORIZED WEAPON WHILE ON DISTRICT PROPERTY. R. POSSESS, SELL, BUY, DISTRIBUTE, OFFER TO POSSESS, SELL, BUY, DISTRIBUTE OR USE, BEING UNDER THE INFLUENCE OR Unrepresented Employees Personnel Manual 36 2018-2023 HAVING IN THE EMPLOYEE’S SYSTEMS ANY ILLEGAL SUBSTANCE, ALCOHOL OR ANY LEGAL DRUG OR SUBSTANCE NOT PROPERLY OBTAINED BY THE EMPLOYEE, WHILE ON DISTRICT TIME AND/OR PROPERTY. S. DANGEROUS ACTS: Engaging in conduct likely to endanger oneself, other employees or members of the public, and/or create potential liability for the District through damage or injury. T. DISRUPTION OF DISTRICT BUSINESS THROUGH WILLFUL MISCONDUCT. U. SEXUAL ACTIVITY ON DUTY. V. RELEASE OF CONFIDENTIAL INFORMATION. W. CRIMINAL CONDUCT: Commission of a crime either a) during the course of employment or b) during the employee’s off-duty hours if there is a nexus to the employment relationship between the District and the employee, the employee becomes unavailable to work as result, or the District’s interests are adversely affected. Section 11.02 – Types of Actions The types of disciplinary actions are: verbal reprimand, written reprimand, suspension without pay, involuntary demotion, reduction in pay and termination. For each type of disciplinary action, certain steps and procedures must be followed. A supervisor who is considering a disciplinary action beyond a verbal reprimand should discuss the circumstances of the situation with the Human Resources/Risk and Safety Manager before taking any action unless the particular situation requires immediate action. A supervisor is not required to take disciplinary action in sequential order. Depending upon the specific circumstances of the violation, the supervisor should determine which action (or actions) is appropriate, in consultation with the Human Resources/Risk and Safety Manager. Section 11.03 – Progressive Steps Disciplinary actions may, but are not required to, be taken in progressive steps as follows: A. VERBAL REPRIMAND: The supervisor holds a Verbal Reprimand meeting with the employee. The purpose of the meeting is to explain the employee's conduct or acts which are in violation of the Personnel Manual, policies, procedures, or practices, and to remind the employee of Unrepresented Employees Personnel Manual 37 2018-2023 the behavior that is expected in the future and the consequences of not meeting the performance expectations of the supervisor. B. WRITTEN REPRIMAND: The supervisor prepares a Written Reprimand memo. The written reprimand constitutes notice of the infraction(s) including the circumstances. The supervisor shall hold a Written Reprimand meeting with the employee. Employees who have received written reminders are entitled to the following: 1. A meeting with the supervisor to discuss the contents of the written reprimand. 2. The opportunity to present a written response to the written reprimand. The written reprimand and the response shall be placed in the employee's personnel file. 3. The employee has ten (10) business days from receipt of the written reprimand in which to write a response to it. C. SUSPENSION WITHOUT PAY: An employee may be suspended without pay for up to thirty (30) calendar days. When placing an employee on suspension without pay, the supervisor shall follow all of the steps listed under Section 11.04 – Disciplinary Procedure. D. INVOLUNTARY DEMOTION: An employee may be demoted to a classification having an overall lower salary range. When demoting an employee, the supervisor must follow all of the steps listed under Section 11.04 – Disciplinary Procedure. E. REDUCTION IN PAY: An employee may be reduced in pay to a lower step within the pay range. When reducing the salary of an employee, the supervisor must follow all of the steps listed under Section 11.04 – Disciplinary Procedure. F. TERMINATION: When it is necessary to terminate an employee, the supervisor must follow all of the steps listed under Section 11.04 – Disciplinary Procedure. Section 11.04 – Disciplinary Procedure The following procedure applies only to a suspension without pay, involuntary demotion, reduction in pay, and/or termination. A. When an employee who has passed probation is to be subject to discipline, specific written charges shall be prepared and presented by the Unrepresented Employees Personnel Manual 38 2018-2023 employee’s department manager for action by the Human Resources/Risk and Safety Manager. B. The Human Resources/Risk and Safety Manager shall provide such employee with a written Notice of Intent. The Notice of Intent shall advise the employee of the contemplated level of discipline and underlying charge(s), and that the employee is entitled to respond to the charges as provided below. Relevant documents relied upon in proposing the discipline shall be attached to the Notice of Intent. The employee shall have the right to respond orally or in writing to the Human Resources/Risk and Safety Manager within five (5) business days from the date of issuance of the Notice of Intent if personally served, or ten (10) calendar days if served by mail. The Notice of Intent shall contain a "statement of personal service or mailing" indicating the date on which the Notice of Intent was personally served or deposited in the United States Mail. Such date of personal service or mailing shall be the “date of issuance” of the Notice of Intent. The Human Resources/Risk and Safety Manager may act upon the initial written and/or oral presentation of the employee or may request that the employee submit a further response in writing, or permit the employee a further oral presentation. Failure of the employee to make a written response or request an oral presentation shall constitute waiver of this pre-disciplinary provision. At his/her own expense, the employee shall be entitled to be represented by counsel or other person of their choice during the course of the above proceedings. This pre-disciplinary hearing is an opportunity for the employee to tell their story, but is not an evidentiary hearing, and the employee may not call witnesses. C. The Human Resources/Risk and Safety Manager shall provide the employee a written Notice of Discipline, describing his/her final decision to proceed with, modify, or cancel the proposed disciplinary action. The decision of the Human Resources/Risk and Safety Manager shall be immediately implemented. Section 11.05 – Appeal of Disciplinary Action The following procedure applies only to a suspension without pay, involuntary demotion, reduction in pay, and termination. A. When disciplinary action has been taken by the Human Resources/Risk and Safety Manager pursuant to Section 11.03, the employee shall have the right to an appeal. An appeal shall not suspend the effective date of the discipline. Failure to timely appeal by the employee or his/her representative will make the action by the Human Resources/Risk and Safety Manager final and conclusive. Unrepresented Employees Personnel Manual 39 2018-2023 B. Within fifteen (15) calendar days after the final Notice of Discipline is issued, the subject employee may appeal to the General Manager by filing a written answer to the charges and requesting a hearing thereon. C. The General Manager may hear the matter or may appoint a hearing officer to hear the matter and make a recommendation to the General Manager. In the event the action involves a department head or other employee who reports directly to the General Manager, the Board of Directors shall conduct the hearing or appoint a hearing officer to hear the matter and make a recommendation to the Board of Directors in accordance with the provisions of this section. D. The hearing officer shall prepare a recommended decision and forward it to the General Manager no later than thirty (30) calendar days after the matter of appeal was taken under submission by the hearing officer. The recommended decision shall set forth which charges, if any, the hearing officer feels are sustained and the reasons therefor. The recommended decision shall also set forth whether the level discipline imposed reflects an abuse of discretion. E. Within thirty (30) calendar days of receiving the recommendation of the hearing officer, and after consideration of the record only, the General Manager may sustain or reject any or all of the charges filed against the employee. If the General Manager modifies reduces the level discipline, the General Manager shall, as appropriate, order all or part of the employee’s full compensation from the time of dismissal or suspension, if applicable to be paid. The General Manager shall issue a written decision which is final and binding. F. An employee who was demoted or dismissed may be reinstated to his/her position as a result of a successful appeal. In the event of such reinstatement, the employee shall be entitled to their former status of employment. G. Dismissal of an employee from the District service following the pre- disciplinary meeting at the Human Resources/Risk and Safety Manager, shall: 1. Constitute a dismissal as of the same date from all positions the employee may hold in the District service. 2. Terminate the salary of the employee as of the effective date of their dismissal except that they shall be compensated for any unpaid salary, unused vacation, compensatory time off, and alternative time to their credit as of the date of dismissal. Unrepresented Employees Personnel Manual 40 2018-2023 Section 11.06 – Placement in Personnel File Official disciplinary action documents shall be placed in the employee's personnel file when the discipline is final. Section 11.07 – Employee Acknowledgement The employee shall be asked to acknowledge each document in the disciplinary process by signing that it was received. Section 11.08 – Paid Administrative Leave An employee may be placed on paid administrative leave during an investigation of alleged misconduct and/or while disciplinary action is being considered. Section 11.09 – Job Abandonment When an employee has been absent without authorization from work for more than three (3) days, and in the opinion of the Department head the employee has abandoned his/her position, the Department Head shall notify the General Manager or a designee. The General Manager shall notify the employee that the District has determined the employee has abandoned his/her position, and the employee has five working days upon receipt of the notice to contact the District regarding his/her intent to return to work. Such notice shall be in writing and sent by certified mail or personal service to the most recent address listed in the employee's personnel file. Abandonment of a position may include, but is not limited to: A. An employee failing to return to their employment upon conclusion of any authorized leave of absence; B. An employee failing to properly notify their immediate supervisor of absence due to sickness or injury; C. An employee failing to appear for work without notification, or agreement between supervisor and employee as to the use of any leave time set forth under this Personnel Manual; If an employee fails to respond within five (5) working days to the notice of abandonment of position, the employee may be considered to have abandoned his/her position of employment with the District, which shall serve as just cause for termination and grounds for disqualification from future employment with the District. Even if the employee responds within five (5) working days to a notice of abandonment, nothing herein shall preclude the District from taking disciplinary action, up to and including termination, for abuse of leave or unauthorized absence. Unrepresented Employees Personnel Manual 41 2018-2023 ARTICLE XII – GRIEVANCE PROCEDURE Section 12.01 – Purpose The purpose of this section is to enhance communications between the District and employees by providing a fair and impartial review and consideration of grievances at the level closest to their point of origin within a reasonable time period without jeopardizing the employees' position or employment. Section 12.02 – Matters Subject to the Grievance Procedure A. A grievance may be filed for an alleged violation of this Manual. B. The grievance procedure shall not be used to establish a new policy or change an existing rules. It shall not be used to challenge a disciplinary action or a performance evaluation. Section 12.03 – Informal Grievance Adjustment A. An aggrieved employee shall try to resolve the issue through informal discussion with his/her supervisor no later than ten (10) working days after the employee knew or reasonably should have known of the facts underlying the grievance. The supervisor shall conduct whatever investigation he/she deems necessary and reply in writing to the grievant within ten (10) working days. Any matters that the supervisor does not have authority to decide shall be brought to the attention of a higher level supervisor who does have the proper authority. B. If the grievant remains dissatisfied, and/or some other extenuating circumstances exist, he/she may file a written informal grievance with the next level of authority no later than ten (10) working days after receipt of the informal decision. The higher level supervisor shall conduct whatever investigation he/she deems necessary and reply in writing no later than ten (10) working days after receipt of the written informal grievance. If the grievant is still not satisfied with the decision, they may file a formal grievance within ten (10) working days of receipt of the higher level supervisor’s written decision. Section 12.04 – Formal Grievance Procedure A. The formal grievance procedure may be followed only after failure to resolve the issue through informal grievance adjustment. If the employee is not in agreement with the informal written decision reached, he/she may within ten (10) working days of the receipt of the higher level supervisor’s written decision, file a formal grievance in writing with the Human Unrepresented Employees Personnel Manual 42 2018-2023 Resources/Risk and Safety Manager with a copy to the General Manager. The Human Resources/Risk and Safety Manager shall conduct whatever investigation he/she deems necessary to allow fair consideration of the situation and shall present a written reply to the grievant within ten (10) working days after receipt of the written grievance. A copy of the reply shall be forwarded to the General Manager. B. If the employee is not satisfied with the decision of the Human Resources/Risk and Safety Manager, he/she may file a written appeal to the General Manager within five (5) working days after having received a reply from the Human Resources/Risk and Safety Manager. Within ten (10) working days of receipt of the written appeal, the General Manager shall make a written decision which shall be final and binding on all parties. The General Manager may conduct whatever investigation and/or meeting(s) he/she deems appropriate. Section 12.05 – General Conditions A. The Human Resources/Risk and Safety Manager shall receive and retain copies of all written materials pertaining to the grievance. B. An employee may represent himself/herself, or at his/her own expense, select whomever they desire to represent them in the grievance procedure. C. If an employee fails to proceed with a grievance within any of the time limits specified in this section, the grievance shall be deemed abandoned with no further basis for appeal. D. If an employee fails to proceed with a grievance within any of the time limits specified in this article, the grievance shall be deemed denied. The time limits for appeal of a denied grievance shall commence running upon receipt by the grievant of a timely written grievance rejection, or absent such rejection, at the end of the supervisory reply period, where no written rejection has been provided. E. Any of the time limits specified in this section may be extended in writing when mutually agreed upon by all parties concerned. F. Either the grievant, the Human Resources/Risk and Safety Manager or the General Manager, may request a meeting to review the grievance prior to a decision. G. When a grievant or designated representative (if a District employee) attends a grievance meeting or hearing with management during the work day, they shall be released without any loss of pay in order to permit Unrepresented Employees Personnel Manual 43 2018-2023 participation in the foregoing activities, provided advance arrangements are made with the employee's Department Head. _________________________________ __________________________ Marc Marcantonio Date General Manager Exhibit A (1) Yorba Linda Water District – Unrepresented Employees Classifications and Salary Ranges Effective November 11, 2018August 19, 2018 CLASSIFICATION TITLE SALARY RANGES FLSA Accountant UN 25 Exempt Accounting Assistant II UN 21 Non-Exempt Assistant General Manager*UN 40 42 Exempt Construction Project Supervisor UN 28 Exempt Customer Service Billing Administrator UN 30 Exempt Engineering Manager* UN 39 Exempt Executive Assistant UN 32 Non-Exempt Finance Manager* UN 39 Exempt Human Resources Analyst UN 27 Exempt Human Resources Technician UN 23 Non-Exempt Human Resources/Risk and Safety Manager* UN 39 Exempt Information Systems Administrator UN 30 Exempt Information Technology Manager* UN 37 Exempt Maintenance Superintendent UN 30 Exempt Management Analyst UN 28 Exempt Operations Manager* UN 39 Exempt Operations Superintendent UN 30 Exempt Principal Engineer UN 32 Exempt Production Superintendent UN 31 Exempt Records Management Administrator UN 30 Exempt Records Management Specialist UN 19 Non-Exempt Safety and Training Analyst UN 27 Exempt Safety and Training Technician UN 23 Non-Exempt Sr. Accountant UN 30 Exempt Sr. Engineer UN 30 Exempt Sr. Maintenance Worker UN 26 Non-Exempt Sr. Mechanic UN 26 Non-Exempt Sr. Plant Operator UN 26 Non-Exempt Sr. Project Manager UN 34 Exempt * Management Classifications Exhibit A (1) Yorba Linda Water District – Unrepresented Employees Classifications and Salary Ranges Effective November 11, 2018 CLASSIFICATION TITLE SALARY RANGES FLSA Accountant UN 25 Exempt Accounting Assistant II UN 21 Non-Exempt Assistant General Manager*UN 42 Exempt Construction Project Supervisor UN 28 Exempt Customer Service Billing Administrator UN 30 Exempt Engineering Manager*UN 39 Exempt Executive Assistant UN 32 Non-Exempt Finance Manager*UN 39 Exempt Human Resources Analyst UN 27 Exempt Human Resources Technician UN 23 Non-Exempt Human Resources/Risk and Safety Manager* UN 39 Exempt Information Systems Administrator UN 30 Exempt Information Technology Manager*UN 37 Exempt Maintenance Superintendent UN 30 Exempt Management Analyst UN 28 Exempt Operations Manager*UN 39 Exempt Operations Superintendent UN 30 Exempt Principal Engineer UN 32 Exempt Production Superintendent UN 31 Exempt Records Management Administrator UN 30 Exempt Records Management Specialist UN 19 Non-Exempt Safety and Training Analyst UN 27 Exempt Safety and Training Technician UN 23 Non-Exempt Sr. Accountant UN 30 Exempt Sr. Engineer UN 30 Exempt Sr. Maintenance Worker UN 26 Non-Exempt Sr. Mechanic UN 26 Non-Exempt Sr. Plant Operator UN 26 Non-Exempt Sr. Project Manager UN 34 Exempt * Management Classifications Exhibit A (2) Yorba Linda Water District – Unrepresented Employees Classifications and Salary Ranges Effective January 1, 2019November 11, 2018 CLASSIFICATION TITLE SALARY RANGES FLSA Accountant UN 25 Exempt Accounting Assistant II UN 21 Non-Exempt Assistant General Manager*UN 42 Exempt Construction Project Supervisor UN 28 Exempt Construction Project Manager UN 30 Exempt Customer Service Billing Administrator UN 30 Exempt Engineering Manager*UN 39 Exempt Executive Assistant UN 32 Non-Exempt Finance Manager*UN 39 Exempt Human Resources Analyst UN 27 Exempt Human Resources Technician UN 23 Non-Exempt Human Resources/Risk and Safety Manager*UN 39 Exempt Information Systems Administrator UN 30 Exempt Information Technology Manager*UN 37 Exempt Maintenance Superintendent UN 30 Exempt Management Analyst UN 28 Exempt Operations Manager*UN 39 Exempt Operations Superintendent UN 30 Exempt Principal Engineer UN 32 Exempt Production Superintendent UN 31 Exempt Records Management Administrator UN 30 Exempt Records Management Specialist UN 19 Non-Exempt Safety and Training Analyst UN 27 Exempt Safety and Training Technician UN 23 Non-Exempt Sr. Accountant UN 30 Exempt Sr. Engineer UN 30 Exempt Sr. Maintenance Worker UN 26 Non-Exempt Sr. Mechanic UN 26 Non-Exempt Sr. Plant Operator UN 26 Non-Exempt Sr. Project Manager UN 34 Exempt * Management Classifications Exhibit A (2) Yorba Linda Water District – Unrepresented Employees Classifications and Salary Ranges Effective January 1, 2019 CLASSIFICATION TITLE SALARY RANGES FLSA Accountant UN 25 Exempt Accounting Assistant II UN 21 Non-Exempt Assistant General Manager*UN 42 Exempt Construction Project Manager UN 30 Exempt Customer Service Billing Administrator UN 30 Exempt Engineering Manager*UN 39 Exempt Executive Assistant UN 32 Non-Exempt Finance Manager*UN 39 Exempt Human Resources Analyst UN 27 Exempt Human Resources Technician UN 23 Non-Exempt Human Resources/Risk and Safety Manager* UN 39 Exempt Information Systems Administrator UN 30 Exempt Information Technology Manager*UN 37 Exempt Maintenance Superintendent UN 30 Exempt Management Analyst UN 28 Exempt Operations Manager*UN 39 Exempt Operations Superintendent UN 30 Exempt Principal Engineer UN 32 Exempt Production Superintendent UN 31 Exempt Records Management Administrator UN 30 Exempt Records Management Specialist UN 19 Non-Exempt Safety and Training Analyst UN 27 Exempt Safety and Training Technician UN 23 Non-Exempt Sr. Accountant UN 30 Exempt Sr. Engineer UN 30 Exempt Sr. Maintenance Worker UN 26 Non-Exempt Sr. Mechanic UN 26 Non-Exempt Sr. Plant Operator UN 26 Non-Exempt Sr. Project Manager UN 34 Exempt * Management Classifications ITEM NO. 8.6 AGENDA REPORT Meeting Date: December 11, 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:Revised Budgeted Positions for the Remainder of FY19 SUMMARY: On September 11, 2018, the District's Board of Directors adopted Resolution No. 18-27 ratifying the budgeted positions for the remainder of FY19. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 18-36 ratifying the Budgeted Positions for the remainder of Fiscal Year 2019 and rescinding Resolution No. 18-27. DISCUSSION: As part of the General Manager's vision to restructure the organization, provide career progression, correct salary compaction and develop a succession plan, the following salary adjustments and reclassification will become effective as specified: Salary Adjustment: November 11, 2018, Assistant General Manager (R40) to R(42) Reclassification and Salary Adjustment: January 1, 2019, Construction Project Supervisor (R28) to Construction Project Manager (R30) The goal of the above changes is to remain budget neutral. The fiscal impact for the above changes will be offset by filling promotions at lower steps and keeping vacant positions unfilled longer throughout FY19. STRATEGIC PLAN: G5 1A - Retain a highly skilled and capable workforce. ATTACHMENTS: Name:Description:Type: Resolution_No._18-36_-_Budgeted_Positions.docx Resolution Resolution Resolution_No._18-36_-_Exhibit_A1.pdf Exhibit Exhibit Resolution_No._18-36_-_Exhibit_A2.pdf Exhibit Exhibit Resolution No. 18-36 Ratifying Budgeted Positions for Remainder of FY19 and Rescinding Resolution No. 18-27 1 RESOLUTION NO. 18-36 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT RATIFYING THE BUDGETED POSITIONS FOR THE REMAINDER OF FISCAL YEAR 2019 AND RESCINDING RESOLUTION NO. 18-27 WHEREAS, the Board of Directors adopts a budget on an annual basis; and WHEREAS, the Board of Directors is required to ratify the proposed budgeted positions for each fiscal year in compliance with California Code of Regulations (CCR) Section 570.5 and the Public Employees’ Retirement Law (PERL). WHEREAS, it is the desire of the Board of Directors to ratify the Budgeted Positions for the remainder of Fiscal Year 2019. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. Effective November 11, 2018, the number of Budgeted Positions as set forth in Exhibit A (1) and attached hereto is hereby ratified for the remainder of Fiscal Year 2019. Section 2. Effective January 1, 2019, the number of Budgeted Positions as set forth in Exhibit A (2) and attached hereto is hereby ratified for the remainder of Fiscal Year 2019. Section 3. The General Manager is hereby authorized to employ up to the number of employees budgeted and funded in each fiscal year without further approval of the Board of Directors. Resolution No. 18-36 Ratifying Budgeted Positions for Remainder of FY19 and Rescinding Resolution No. 18-27 2 Section 4. The General Manager is hereby authorized while this Resolution is active to fill a budgeted position that is vacated with a new employee at a lower or equal classification and/or with a part time employee or contract staff. Section 5. The General Manager is further authorized to fix and alter the compensation of employees subject to budget limitations. Section 6. That Resolution No. 18-27 is hereby rescinded effective December 11, 2018. PASSED AND ADOPTED this 11th day of December 2018 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: , President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP Exhibit A (1) Resolution No. 18-36 Budgeted Positions for the Remainder of FY19 Effective November 11, 2018 Salary Range Position Classification Budgeted as of 8/19/2018 Proposed Change Budgeted as of 11/11/2018 12 Office Clerk 1 1 16 Meter Reader I 1 1 Accounting Assistant I 0 0 Customer Service Rep II 2 2 Maintenance Worker I 9 9 Public Affairs Representative 1 1 18 Meter Reader II 2 2 Customer Service Rep III 2 2 Operations/Warehouse Assistant 0 0 Records Management Specialist 1 1 Maintenance Worker II 6 6 Water Quality Technician I 0 0 Accounting Assistant II 2 2 Facilities Maintenance 1 1 Mechanic II 1 1 Operator I (Operator In Training)1 1 Information Systems Tech I 1 1 Water Quality Technician II 1 1 Human Resources Technician 1 1 Maintenance Worker III 5 5 Mechanic III 1 1 Meter Services Lead 1 1 Operations Assistant 1 1 Plant Operator II 3 3 Safety and Training Technician 0 0 Construction Inspector 1 1 19 20 22 17 21 23 24 Page 1 of 2 Construction Inspector 1 1 Engineering Technician II 2 2 Human Resources Analyst 0 0 Accountant 1 1 Instrumentation Technician 0 0 GIS Analyst 1 1 Sr. Construction Inspector 1 1 Sr. Fleet Mechanic 1 1 Sr. Maintenance Worker 4 4 Sr. Plant Operator 1 1 Human Resources Analyst 1 1 Safety and Training Analyst 1 1 Sr. SCADA Technician 1 1 Construction Project Supervisor 1 1 Management Analyst 1 1 Associate Engineer 0 0 Customer Service Billing Administrator 1 1 IS Administrator 2 2 25 26 24 27 30 28 Page 1 of 2 Exhibit A (1) Resolution No. 18-36 Budgeted Positions for the Remainder of FY19 Effective November 11, 2018 Maintenance Superintendent 1 1 Operations Superintendent 1 1 Records Management Administrator 1 1 Sr. Accountant 1 1 Sr. Engineer 1 1 31 Production Superintendent 1 1 32 Executive Assistant 1 1 Principal Engineer 1 1 34 Sr. Project Manager 1 1 37 IT Manager 1 1 39 Engineering Manager 1 1 Finance Manager 1 1 Human Resources/Risk and Safety Manager 1 1 Operations Manager 1 1 40 Assistant General Manager 1 -1 0 42 Assistant General Manager 0 1 1 General Manager 1 1 Total 80 0 80 Engineering Intern 0 1 1 * 0 1 1 Salary Set by Board Page 2 of 2 0 1 1 * The Engineering Intern position is based on part-time work not to exceed 960 hours per fiscal year. Page 2 of 2 Exhibit A (2) Resolution No. 18-36 Budgeted Positions for the Remainder of FY19 Effective January 1, 2019 Salary Range Position Classification Budgeted as of 11/11/2018 Proposed Change Budgeted as of 1/1/2019 12 Office Clerk 1 1 16 Meter Reader I 1 1 Accounting Assistant I 0 0 Customer Service Rep II 2 2 Maintenance Worker I 9 9 Public Affairs Representative 1 1 18 Meter Reader II 2 2 Customer Service Rep III 2 2 Operations/Warehouse Assistant 0 0 Records Management Specialist 1 1 Maintenance Worker II 6 6 Water Quality Technician I 0 0 Accounting Assistant II 2 2 Facilities Maintenance 1 1 Mechanic II 1 1 Operator I (Operator In Training)1 1 Information Systems Tech I 1 1 Water Quality Technician II 1 1 Human Resources Technician 1 1 Maintenance Worker III 5 5 Mechanic III 1 1 Meter Services Lead 1 1 Operations Assistant 1 1 Plant Operator II 3 3 Safety and Training Technician 0 0 Construction Inspector 1 1 19 20 22 17 21 23 24 Page 1 of 2 Construction Inspector 1 1 Engineering Technician II 2 2 Human Resources Analyst 0 0 Accountant 1 1 Instrumentation Technician 0 0 GIS Analyst 1 1 Sr. Construction Inspector 1 1 Sr. Fleet Mechanic 1 1 Sr. Maintenance Worker 4 4 Sr. Plant Operator 1 1 Human Resources Analyst 1 1 Safety and Training Analyst 1 1 Sr. SCADA Technician 1 1 Construction Project Supervisor 1 -1 0 Management Analyst 1 1 Construction Project Manager 0 1 1 Customer Service Billing Administrator 1 1 IS Administrator 2 2 25 26 24 27 30 28 Page 1 of 2 Exhibit A (2) Resolution No. 18-36 Budgeted Positions for the Remainder of FY19 Effective January 1, 2019 Maintenance Superintendent 1 1 Operations Superintendent 1 1 Records Management Administrator 1 1 Sr. Accountant 1 1 Sr. Engineer 1 1 31 Production Superintendent 1 1 32 Executive Assistant 1 1 Principal Engineer 1 1 34 Sr. Project Manager 1 1 37 IT Manager 1 1 39 Engineering Manager 1 1 Finance Manager 1 1 Human Resources/Risk and Safety Manager 1 1 Operations Manager 1 1 42 Assistant General Manager 1 1 General Manager 1 1 Total 80 0 80 Engineering Intern 0 1 1 * 0 1 1 Salary Set by Board Page 2 of 2 * The Engineering Intern position is based on part-time work not to exceed 960 hours per fiscal year. Page 2 of 2 ITEM NO. 8.7 AGENDA REPORT Meeting Date: December 11, 2018 Budgeted:N/A To:Board of Directors Funding Source:Developer Funded From:Marc Marcantonio, General Manager Account No:2-2600 Job No:201714S Presented By:Rosanne Weston, Engineering Manager Dept:Engineering Reviewed by Legal:N/A Prepared By:Ariel Bacani, Engineering Technician II CEQA Compliance:N/A Subject:Amended Terms and Conditions for Sewer Service with Kurt Metcalf and James Heller, Eureka Avenue, Yorba Linda SUMMARY: Yorba Linda residents, Kurt Metcalf at 5041 Eureka Avenue and James Heller at 5039 Eureka Avenue, are currently using septic systems and have requested to connect to the public sewer system. Both properties have a combined acreage of 0.87 acres and are located within the District's Western Service Area. An exhibit depicting the project location is attached for your reference. STAFF RECOMMENDATION: That the Board of Directors approve the Amended Terms and Conditions for Sewer Service with Kurt Metcalf of 5041 Eureka Avenue, Job No. 201714S, to include James Heller of 5039 Eureka Avenue. DISCUSSION: The proposed project consists of providing sewer service to two Yorba Linda residents, Kurt Metcalf at 5041 Eureka Avenue and James Heller at 5039 Eureka Avenue. The residents are both using septic systems and are requesting to connect to the public sewer system. This project is located in Drainage Area "2" within the District's Western Service Area. The District has an existing 8-inch sewer main stub-out in Eureka Avenue, north of Blair Drive. Previously, staff required a proposed sewer main extension length of approximately 95 ft., northerly along Eureka Avenue in compliance with District Sewer Standards and Specifications. Mr. Metcalf had the option to either use an existing lateral stub-out or to install a new lateral to his property. Mr. Metcalf recruited his neighbor, Mr. Heller, to share the cost of extending the proposed sewer main for the approximate total length of 227 ft., and connecting both properties to the public sewer. Staff also requires the installation of a terminal manhole. The Amended Terms and Conditions for Sewer Service with Kurt Metcalf and James Heller are attached for the Board's consideration. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors previously approved the Terms and Conditions for Sewer Service with Kurt Metcalf, 5041 Eureka Avenue, Yorba Linda, on May 9, 2017. ATTACHMENTS: Name:Description:Type: 201714S_T_C_2018-12-11.docx Terms and Conditions Agreement Exhibit.pdf Exhibit Exhibit Date: DECEMBER 11, 2018 YORBA LINDA WATER DISTRICT AMENDED TERMS AND CONDITIONS FOR SEWER SERVICE NAME OF APPLICANT: KURT METCALF & JAMES HELLER LOCATION OF PROJECT: 5041& 5039 EUREKA AVE., YORBA LINDA TRACT NUMBER: N/A JOB NUMBER: 201714S LOT(S): 2 The applicant will be required to complete to the satisfaction of the District the following items that have an “X” following the number. 1) X The applicant shall provide the District with a copy of the Grant Deed or Title Report of the property to be served. 2) X The applicant shall include information deemed necessary by the District in the event the applicant is required to file a Department of Real Estate Tax Disclosure statement. 3) X The applicant shall submit two (2) sets of the improvement plans to the District for plan check processing. a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 4) X Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. 5) The applicant shall dedicate or obtain all easements deemed necessary by the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer (licensed prior to January 1, 1982) licensed to practice in the State of California. 6) X The applicant shall provide the District with a copy of the Recorded Tract/Parcel Map(s) or Easement Documents illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 7) The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. Page 2 of 5 NAME OF APPLICANT: KURT METCALF & JAMES HELLER LOCATION OF PROJECT: 5041 & 5039 EUREKA AVE., YORBA LINDA 8) X The applicant shall furnish the District with a 24-hour emergency telephone number prior to the District’s approval of the construction plans. 9) X The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 10) X The applicant shall complete a Temporary Construction Meter Permit application for all water to be used in construction work and all water used under such permit shall be taken from the approved construction meter. 11) X The applicant shall provide per the District specifications one complete set of "As Built" mylars and electronic copy of ACAD drawings (version 2008 or later) for the Water and/or Sewer facilities. 12) The applicant shall complete an Application to and Agreement with the Yorba Linda Water District for Water Service. 13) The applicant shall pay all of the water fees as required by the Rules and Regulations for Water Service of the District. 14) The applicant shall pay meter fees associated with the installation of radio read meters for this project. 15) The applicant shall comply with the Rules and Regulations for Water Service of the Yorba Linda Water District. 16) The applicant shall provide the District with a set of plans stamped and approved by the Orange County Fire Authority, or fire agency having jurisdiction, that identifies approved fire hydrant locations. Such approved plan must be submitted to the District before staff will initiate a District plan check for water improvements. 17) The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan and the Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 18) The applicant’s engineer shall provide a computer hydraulic analysis report to confirm that the District’s existing water system can accommodate the project. 19) The applicant’s water facilities (on-site) shall be District owned and maintained. Page 3 of 5 NAME OF APPLICANT: KURT METCALF & JAMES HELLER LOCATION OF PROJECT: 5041 & 5039 EUREKA AVE., YORBA LINDA 20) The applicant shall be required to conduct flow tests at their cost in the event the Orange County Fire Authority requires a flow test. A District representative shall be present to witness the flow test. 21) The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 22) The applicant shall install water Sampling Station(s) in conformance with the District’s Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. 23) The applicant shall provide a completed Surety Bond for the water facilities prior to the District signing the Water Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed water facilities. 24) The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 25) All existing water services that are not useable in the new plan shall be cut and plugged at the main line. 26) The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 27) The applicant shall provide a written copy of the Bacteriological Report prior to occupancy releases certifying that the water meets the Health Department's requirements. 28) The applicant shall adjust and raise to grade all valve covers within the limits of this project. 29) The applicant shall install a pressure regulator in all buildings that have over 80 p.s.i. static water pressure in accordance with the appropriate building codes. 30) The applicant shall complete a Temporary Water Permit for all water that will be used through the new water services to serve the new buildings. 31) The applicant shall install a District approved backflow device in connection with any private fire suppression sprinkler facilities that may be required by the Orange County Fire Authority or fire agency having jurisdiction. 32) The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. Page 4 of 5 NAME OF APPLICANT: KURT METCALF & JAMES HELLER LOCATION OF PROJECT: 5041 & 5039 EUREKA AVE., YORBA LINDA 33) The applicant shall install and provide a written test report to the District for each backflow device certifying that the backflow devices are operating properly prior to the water meters being turned on for service. 34) The applicant shall install and provide a written test report to the District certifying that the double check detector assembly is operating properly prior to the double check detector assembly being turned on for service. 35) The applicant shall provide an annual written test report to the District certifying that the backflow devices and fire detector assemblies are operating properly pursuant to the District’s Backflow Prevention Program and the State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross-Connections. 36) The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 37) X The applicant shall complete an Application to and Agreement with the Yorba Linda Water District for Sanitary Sewer Service. 38) X The applicant shall comply with the Rules and Regulations for Sewer Service of the Yorba Linda Water District. 39) X The applicant shall pay all of the sewer fees as required by the Rules and Regulations for Sewer Service of the District. 40) X The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan and the Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 41) X The applicant’s engineer shall provide sewer flow calculations to confirm that the District’s existing sewer system can accommodate the peak wastewater generation from the project. 42) X The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 43) X The applicant’s sewer facilities (on-site) shall be Privately owned and maintained. 44) X The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District’s Standard Page 5 of 5 NAME OF APPLICANT: KURT METCALF & JAMES HELLER LOCATION OF PROJECT: 5041 & 5039 EUREKA AVE., YORBA LINDA Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. 45) X The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. 46) X The applicant shall install a sewer backflow prevention valve on all sewer service connections in which the pad elevations of the property being served is lower than the rim elevation of the upstream manhole. Installation of the backflow device shall comply with all requirements of the Building and Plumbing Codes of the appropriate agency having jurisdiction. 47) X The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector, which will include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. (END OF STANDARD TERMS AND CONDITIONS) PROJECT SPECIFIC TERMS AND CONDITIONS 48) X The applicant shall construct approximately 227 feet of new 6-inch PVC sewer main with one terminal manhole, two sewer laterals and an optional sewer lateral stub-out, per approved plans and District Specifications. I hereby certify that the foregoing Terms and Conditions were approved at the December 11, 2018 Regular meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms and Conditions shall become void six (6) months from the approval date if a formal Application To and Agreement with the Yorba Linda Water District for Water and/or Sewer Service is not executed for the project under consideration. Marc Marcantonio, General Manager , ISS .6 I 1 `n� I I � I EX.W.M. 18002 —j------------------------- I i 5039I i wi i I u .--P 20J�.CT — PROP.SEWER � /' S TE MANHOLE x - X PROP.4" w SEWER AL . Q LU 'I BLdIREX.F.H. CLEANOUT(TYP.) xwM _ g I J V BUEN4VII I i Q 5011 5041 I Ll� ss I W EXTENSION n LJ (APPROX.227 L.F. VICINITY MAP OPTIONAL 4"SEWER-/' LATERAL STUB-OUT I I EXISTING 4"SEWER LATERAL STUB-OUT U I—� EXIST.8"SEWER_ STUB-OUT ss ss -y- EX.S.M.H. ( - - - - - - - - - - - - - - - - - - - - - - - SS— w BLAIR DRIVE 5111 I 4 i 5112 SITE PLAN PREPARED BY: EXHIBIT SCALE: N.T.S. YORBA LINDA WATER DISTRICT PROPOSED SEWER MAIN EXTENSION DATE: El 1717 E. MIRALOMA AVENUE FOR 11-26-2018 PLACENTIA, CALIFORNIA 92870 5041 EUREKA AVE. FILENAME: (714) 701-3100 J-2017-14S ITEM NO. 8.8 AGENDA REPORT Meeting Date: December 11, 2018 Budgeted:Yes Total Budget:$900,000 To:Board of Directors Cost Estimate:$667,649.31 From:Marc Marcantonio, General Manager Job No:J2017-24 Presented By:Rosanne Weston, Engineering Manager Dept:Engineering Reviewed by Legal:No Prepared By:Danielle Logsdon, Senior Engineer CEQA Compliance:Exempt Subject:Notice of Completion for Tract 15199 Waterline Replacement SUMMARY: Construction is complete on the Tract 15199 Waterline Replacement Project. Submitted for consideration is a request for authorization to file the Notice of Completion for the project. STAFF RECOMMENDATION: That the Board of Directors authorize staff to file the Notice of Completion for construction of Tract 15199 Waterline Replacement Project, Job No. 2017-24. DISCUSSION: Construction is complete on the Tract 15199 Waterline Replacement Project. The project included the replacement of 2,300 feet of waterline. The status of the construction contract with Christensen Brothers General Engineering, Inc. is as follows: The original contract was approved by the Board of Directors for $654,610.00 and 150 calendar days. Change Order No. 1 was approved by the Engineering Manager, in accordance with the District's Purchasing Policy, which added $13,039.31 and 20 calendar days to the contract (2.0% of the original contract). The final construction contract amount is $667,649.31and 170 calendar days. Change Order No. 1 consisted of: Additional time and material due to underground conflicts with utilities and valve removal. Additional time due to leak repair and valves that did not close properly. Credit for the deletion of the slurry seal on Camino de Bryant. All work has been completed in accordance with the contract documents and to the satisfaction of District staff; accordingly, staff requests authorization to file and proceed with recordation of the Notice of Completion. PRIOR RELEVANT BOARD ACTION(S): On October 10, 2017, the Board of Directors authorized staff to proceed with the Tract 15199 Waterline Replacement Project. On January 23, 2018, the Board of Directors rejected all bids and directed District staff to re- advertise. On February 27, 2018, the Board of Directors awarded the Construction Contract for the Tract 15199 Waterline Replacement Project to Christensen Brothers General Engineering, Inc. for $654,610.00. ITEM NO. 9.1 AGENDA REPORT Meeting Date: December 11, 2018 To:Board of Directors From:Marc Marcantonio, General Manager Dept:Finance Prepared By:Delia Lugo, Finance Manager Subject:Revisions to Purchasing Policy STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 18-37 revising the District's purchasing policy and rescinding Resolution No. 17-30. DISCUSSION: From time to time it is necessary to review the Purchasing Policy and to make modifications that reflect current District procedures, public policy demands and economic conditions. Attached is the revised Purchasing Policy and Resolution No. 18-37 for the Board of Director's consideration. The presented revised policy strives to add further refinements and additional controls within the District's current Purchasing Policy and procedures by introducing additional internal controls and adding Emergency Procurement Procedures (Section 10.0) in the event that the District declares an emergency. ATTACHMENTS: Name:Description:Type: Resolution_No._18-37_-_Purchasing_Policy.docx Resolution Resolution 3010-007_-_Purchasing_Policy.pdf Exhibit Exhibit Resolution No. 18-37 Adopting a Purchasing Policy and Rescinding Resolution No. 17-30 1 RESOLUTION NO. 18-37 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A PURCHASING POLICY AND RESCINDING RESOLUTION NO. 17-30 WHEREAS, from time to time it is necessary for the Board of Directors to review the Purchasing Policy and make modifications that reflect current District procedures, public policy demands and economic conditions; and WHEREAS, the Board of Directors desires to modify the Purchasing Policy last adopted by Resolution No. 17-30 on August 22, 2017. NOW, THEREFORE, the Board of Directors of Yorba Linda Water District does find, determine, and resolve: Section 1: The Yorba Linda Water District Purchasing Policy as attached hereto is hereby adopted and shall be deemed effective December 11, 2018. Section 2: That Resolution No. 17-30 is hereby rescinded effective December 11, 2018. PASSED AND ADOPTED this 11th day of December 2018 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: , President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP 3010-007 Purchasing Policy Page 1 of 22 Policies and Procedures Policy No.: 3010-007 Adoption Method: Resolution No. 18-37 Effective Date: December 11, 2018 Last Revised: August 22, 2017 Prepared By: Delia Lugo, Finance Manager Applicability: District Wide POLICY: PURCHASING POLICY 1.0 GENERAL POLICY 1.1 The Yorba Linda Water District Purchasing Policy (this “Policy”) establishes policies and procedures for acquiring services and materials, equipment and supplies (referred to collectively as “Services and/or Materials”), and for Public Works projects, for the Yorba Linda Water District (the “District”), pursuant to Government Code Section 54201 et seq. California Government Code Section 54202: requires every local agency to adopt policies and procedures, including bidding regulations, governing purchases of supplies, materials and equipment and that said purchases shall be in accordance with said duly adopted policies and procedures. California Government Code Section 54204: requires that if the local agency is other than a city or county, policies provided for in Section 54202 shall be adopted by means of a written rule or regulation, copies of which shall be available for public distribution. 1.2 This Policy establishes the Board of Directors’ (the “Board”) approved policies with respect to the procurement of Services and Materials and for Public Works projects, including expenditure authorization and limits, competitive proposal and bidding requirements, and general procurement procedures. All purchases of Services or Materials and Public Works projects to be paid for by the District must adhere to the authority level and dollar limits of this Policy as set forth in Section 2, except as otherwise provided by specific terms and exceptions set forth in this Policy. 2.0 AUTHORIZATION 2.1 By adoption of this Policy, the Board is authorizing the General Manager and other designated representatives to exercise certain 3010-007 Purchasing Policy Page 2 of 22 duties and responsibilities that are essential for the day-to-day operation of the District. 2.2 The General Manager may delegate the procurement of Services and Materials and the provision of Public Works projects to those staff members given specific authority, consistent with the terms of this Policy. 2.3 Delegation of purchasing authority may be through the authorized use of Purchasing Cards, Purchase Orders, check requests, or other written authorization. All such purchases will be made in conformity with the policies and procedures prescribed within this Policy. 2.4 The Board-established procurement limits and Contract signatory authority are listed in Table 1 below. These limits are applicable on a per-expenditure/per-Contract basis, not on an aggregated basis, for unrelated activities. Table 1 Procurement Limits and Contract Signature Authority Title Expenditures Contract Signature Authority General Manager Up to $75,000 $75,001 and over with Board authorization; Up to $75,000 without Board authorization Asst General Manager Up to $50,000 Up to $50,000 Department Managers Up to $25,000 Up to $25,000 Construction Project Manager, Executive Assistant, IT Administrator, Management Analyst, Principle Engineer, Senior Accountant, Senior Project Manager, Superintendents Up to $5,000 None Administrative Personnel Up to $1,000 None 3.0 DEFINITIONS The terms referenced in this Policy shall have the meanings as defined below. 3.1 Administrative Personnel – District administrative employees authorized by the General Manager to purchase miscellaneous 3010-007 Purchasing Policy Page 3 of 22 items, food and travel in support of District functions includes Public Affairs Representative, Human Resources Analyst, Operations Lead Staff, and any other administrative position as authorized by the General Manager. 3.2 Amendment – A written change or addition to a legal document which, when properly executed, has the same legal validity of the original document. 3.3 Board – The Board of Directors of Yorba Linda Water District. 3.4 Change Order – A written Amendment modifying the terms of an existing Contract or Purchase Order. 3.5 Consultant – An individual, firm or entity that provides or offers to provide Professional Services to the District. 3.6 Contract - Written agreement authorizing a contractor, Consultant, supplier or service provider to provide Services or Materials, or Public Works, in accordance with the material requirements, conditions or scope of work stated in the Contract. 3.7 Contractor – Shall mean any person who submits a bid, proposal, or contract in connection with a procurement or service. This term also includes any person who conducts business as an agent or representative of the contractor. 3.8 District – Yorba Linda Water District. 3.9 Emergency – A situation in which unforeseen circumstances present an immediate risk of harm or hazard to the public health, safety, welfare, or District personnel or property, or threaten serious interruption of District operations. 3.10 General Manager – General Manager of the District or the person appointed by the Board to act in the capacity of the General Manager and authorized to administer this Policy on his/her behalf. 3.11 Invitation to Bid - A formal process for soliciting sealed bids from qualified prospective suppliers or Public Works contractors. Typically involves a formal bid opening, and the awarding of a Contract to a responsive and responsible supplier or contractor based on price, demonstrated competence and qualifications necessary to perform the services required, demonstrated quality of the goods required, other specified factors, and as otherwise required by law. 3.12 Multiple Year Contract - A Contract for the purchase of Services, Materials, or Public Works for a multiple year term or that may contain provisions to extend performance by exercising optional renewal periods. A Multiple Year Contract does not obligate the District beyond the initial award period and shall not provide for a cancellation payment to the contractor if options are not exercised. 3010-007 Purchasing Policy Page 4 of 22 3.13 Non-Discretionary Purchases – Payments to utilities, temporary employment services, insurance providers, healthcare providers and national, federal, state or local agencies that relate to routine obligations and expenses essential to the District’s ability to provide service to customers and that have been approved in fiscal year operating or capital budgets. 3.14 Non-Professional Services – Services other than Professional Services, including, but not limited to, supply and maintenance services. 3.15 Procurement - The purchase or lease of materials, supplies, equipment, services, or Public Works. 3.16 Procurement Card - A form of charge card (also referred to as a P- Card or Purchasing Card) that allows for goods to be purchased without using a Purchase Order. 3.17 Professional Services – Any type of special service or advice in financial, economic, accounting, engineering, legal or administrative matters by persons specially trained and experienced and competent to perform the special services required. (Gov’t Code § 53060.) Such services include but are not limited to architectural; engineering; environmental; financial; land surveying; construction management; audits; training services; legal services; preparation of planning or studies; SCADA integration; technology application development; and personnel, job classification and benefit studies. 3.18 Public Works – As defined by California Public Code Section 22002, public projects include construction, reconstruction, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased or operated facility. Maintenance work is not considered a public project for purposes of this definition. 3.19 Purchase Order (PO) – An authorization, under a standardized form in which the party designated as the “provider” is to provide Services and Materials for which the District agrees to pay. 3.20 Request for Proposal (RFP) - A solicitation used for the Procurement of Professional Services and Non- Professional Services. Prospective suppliers or Consultants submit proposals based on requested information and are evaluated/awarded based on pre-established criteria. 3.21 Request for Quotes (RFQ) - A solicitation used for Procurement of construction services, maintenance services, supplies, materials, or equipment. 3.22 Requisition (REQ) - The procedural method by which departments may request a PO for the purchase of materials, supplies or 3010-007 Purchasing Policy Page 5 of 22 equipment. Requisitions are entered into the District’s ERP system application. 3.23 Single Source Purchase - Procurement where: (1) there is a compelling reason for only one source, a preferred brand, like material, homeland security goods, services, etc., to be procured; or (2) the commodity is unique, including, but not limited to, acquisition of data processing, telecommunications and word processing equipment, goods and services; or (3) the purchase of a specific brand name, make or model is necessary to match existing District equipment or facilitate effective maintenance and support; or (4) when it is in the best interest of the District to extend or renew a Contract from a previous contract period, based on satisfactory service, reasonable prices, avoidance of start-up costs, avoidance of interruptions to District business, or good business practices. Such a Procurement of $25,000 or greater must be presented to the Board of Directors at the next regular scheduled meeting (refer to Exhibit A). 3.24 Sole Source Purchase - Procurement where only one viable source exists. This is usually due to legal restrictions of patent rights and copyrights, a proprietary process, warranty issues, original equipment, etc. Such a Procurement of $25,000 or greater must be presented to the Board at the next regular scheduled meeting (refer to Exhibit A). 4.0 GENERAL PROCUREMENT POLICIES 4.1 Procurement practices shall comply with laws, regulations and guidelines of the State of California and any other applicable law, and the provisions of grant or funding contracts, if applicable. 4.2 Any employee/individual affecting any Procurement outside of the policies and procedures established by this Policy and without General Manager or Board authorization to do so, shall be subject to disciplinary action and/or termination in accordance with District policies. 4.3 Expenditures and Contract awards must be authorized by the appropriate authorization level indicated in Table 1. 4.3.1 Separating or dividing Contracts into smaller components for the purpose of bringing the cost of one or more Contracts below any specified sum to avoid a requirement in any section of this Policy or any policy incorporated herein is strictly prohibited. Contracts may be divided only to meet unique scheduling of a project or to accommodate necessary time frames. In addition, no specifications shall be drafted in such a manner as to limit competitive bidding or solicitation directly or indirectly to any one specific vendor, or any specific brand, product, thing, or service, except for those items that are 3010-007 Purchasing Policy Page 6 of 22 approved as exempt from competitive bidding or solicitation requirements as provided in Section 7.1.3. 4.4 Purchase amounts include taxes and the cost of shipping, freight fees and any other charges billed by the supplier or contractor for purposes of the authorization limits under this Policy. 4.5 Purchase authorization and expenditure limits in Table 1, and competitive solicitation requirements in Table 2 and as further set forth in this Policy, are on a per purchase/per contract basis and shall not be applied as an aggregate limit to any vendor, supplier, contractor or Consultant. 4.6 With the exception of the General Manager, in the absence of an authorized signatory for a given request, authorization will be obtained from the next highest authority in Table 1. In the case where the next highest authority is absent, then authorization will be obtained by an authorized signatory in order of rank and availability. 4.7 The District may use electronic commerce whenever practicable or cost-effective. The District may accept electronic signatures and records in connection with the District Procurement, as permitted by applicable law. 5.0 PROCUREMENT METHODS The following methods are available to initiate a purchase request or to pay for Services and Materials or Public Works: 5.1 Requisition/Purchase Order - Staff that require Services and Materials to carry out the defined duties of their positions shall submit Requisitions, in advance, for purchases in accordance with this Policy and other applicable procedures and policies of the District. Staff will generate a Purchase Order from the Requisition. 5.1.1 Complete the Requisition form or Requisition data entry screen to request that Services or Materials are ordered. A. Allow at least two (2) working days of lead time. B. Provide complete name and address of selected vendor. C. Indicate the purpose of the Purchase Order. D. Describe the Services or Materials clearly and specifically. Include make, model, manufacturer’s part number, catalog number or vendor catalog page number, if available. Indicate color, size, or any option required. 3010-007 Purchasing Policy Page 7 of 22 E. Indicate the quantity and unit price for each Service or Material. F. Note whether the Services or Materials are taxable. G. Note any freight charges. H. Must indicate a valid General Ledger account number(s), and correct projects number(s). I. Indicate the date the Services or Materials are needed. J. Attach any required price quotes and data that supports the requested purchase, if available. K. Seek appropriate approvals as required in Table 1. L. Submit Purchase Order for processing. 5.1.2 Upon approval and receipt of a fully executed purchase Requisition, the Purchase Order will be systematically assigned the next consecutive number. A. The original Purchase Order will be given back to the originator or sent to the vendor. B. A copy of the approved Purchase Order, and any supporting documents, will be forwarded to Accounts Payable for processing. C. A copy of the approved Purchase Order will be forwarded to the Warehouse pending receipt of goods. D. An electronic record of the Requisition/Purchase Order will be kept within the purchasing system for historical purposes. 5.2 Check Request - A check request can be used to initiate payment for certain limited Services or Materials without a Purchase Order. Check requests can be used to request payment for Non- Discretionary Purchases, services rendered, subscriptions, membership dues, workshop/seminar/conference registrations, use of facilities, etc. 5.3 CAL -Card and Other Procurement Cards - Designated staff may be assigned a CAL-Card for miscellaneous purchases. Purchases using the CAL-Card are subject to the terms and conditions of the District Cardholder Procurement Card Agreement and any other applicable District procurement card policies or procedures. Professional Services are not to be acquired on CAL-Cards due to lack of insurance and indemnification language associated with these services. CAL-Card limits may be increased for a specific 3010-007 Purchasing Policy Page 8 of 22 authorized user with the approval of the General Manager subject to the authorization limits as set in Table 1. Use of all other Procurement Cards are subject to the terms of this Policy and to any set terms provided at the time of card issuance to the designated staff and any subsequent Amendments to such terms, and other applicable District policies (refer to Exhibit B). 5.4 Contracts - Provisions shall be made, either through specifications or procedures established by the District, for verification of the references and financial responsibility of the contracting parties prior to the award of a Contract. After award, all Contracts shall be executed on behalf of the District by the appropriate authorized signatory indicated in Table 1. In no case shall any Contract be made if sufficient funds are not budgeted and appropriated and not available to make payment promptly upon delivery or completion, or in accordance with a progress payment schedule, unless otherwise authorized and approved by the Board or approved by the General Manager as provided for in Section 6.2 (Emergency). 5.4.1 Contracts for Non-Professional Services, Professional Services and Public Works shall be executed when an expenditure exceeds $5,000 (except in the event of an Emergency). 5.4.2 Multiple Year Contracts are allowed when in the best interests of the District as determined, and executed by the General Manager. A. For purposes of Procurement authorization, the dollar value of a Multiple Year Contract shall be the total contract value, including optional renewal periods. Once initially approved in accordance with the Policy requirements, any optional renewals may then be authorized by the General Manager at the time of renewal, regardless of the dollar amount, provided the pre-priced option is consistent with the terms of the Contract as initially approved. 6.0 EXCEPTIONS TO PRE-AUTHORIZATION 6.1 Non-Discretionary Purchases - Do not require Board approval for payment, including those that exceed the General Manager limit of $75,000. Purchase Orders are not required for Non-Discretionary Purchases that pertain to payments to utilities, insurance providers, heath care providers, payroll, and national, federal, state or local agencies that relate to routine obligations and expenses essential to the District’s ability to provide service to customers and that have been approved in fiscal year operating budgets 6.2 Emergency Work/Services - The General Manager, Assistant General Manager or the assigned Operations Manager may authorize Emergency expenditures for work, services, and/or 3010-007 Purchasing Policy Page 9 of 22 supplies where the cost exceeds $75,000 without prior Board approval. The Board shall be notified of any expenditures for Emergency work, services and/or supplies exceeding the General Manager’s authorization limit at the next regularly scheduled Board meeting. 6.3 Purchase Requests - Require no prior authorization or signatory approval under Table 1 to replenish the District’s warehouse inventory within established inventory re-order levels. 7.0 COMPETITIVE SELECTION PROCESS 7.1 General - A competitive selection process for procurement of Services and Materials, and for Public Works projects, is required in accordance with the limits as set forth in Table 2 below (subject to certain exceptions, qualifications or limitations as further set forth below). Table 2 Competitive Solicitation Process - Requirements Purchase Amount Solicitation Requirement $25,000 and under One Quote $25,001 - $50,000 Two Quotes $50,001 - $75,000 Three Quotes $75,001 and over RFP or RFQ or Invitation to Bid Process Required 7.1.1 Competitive Solicitation – Submission A. All quotes, bids and proposals must be in writing. An email is acceptable for expenditures of $75,000 and under. B. RFP, RFQ, and Invitation to Bid submissions must be in writing and be in substantial compliance with terms in the solicitation, or as otherwise required by law, or may be disqualified. C. Quotes, bids and proposal documentation shall be retained pursuant to the District’s record retention policy. 7.1.2 Exceptions from Competitive Solicitation Process - Generally, solicitation of bids or proposals is preferable whenever practicable. In addition to the exceptions stated under Section 7.3.2, the competitive solicitation requirements 3010-007 Purchasing Policy Page 10 of 22 set forth under Table 2 may be waived when any of the following is applicable: A. Sole Source Purchases. B. Single Source Purchases. C. Emergency expenditures. D. After a reasonable attempt has been made to obtain competitive quotes/ responses and it has been determined that no additional suppliers/providers/contractors/consultants can be located; the District has a lack of response from suppliers/providers/contractors/Consultants to a competitive solicitation; or, when sufficient, satisfactory bids/proposals are not received, based on the District’s sole discretion. E. Purchases to replenish the District’s warehouse inventory within established inventory re- order levels. F. As dictated by law. 7.1.3 It shall be at the discretion of the General Manager or Assistant General Manager and the initiating Department Manager(s) to determine whether an expenditure meets the qualifications listed herein to be exempt from a competitive solicitation, subject to any Board authorization. Such expenditures that meet this criteria will be presented to the Board of Directors at publicly held meeting. 7.2 Public Works - Contracts for Public Works projects shall conform to applicable requirements for Public Works contracts under State law, including but not limited to requirements relating to listing of subcontractors, posting of a payment bond in an amount not less than 100% of the total contract amount (for all Public Works contracts over $25,000) and payment of prevailing wages (for all contracts for Public Works exceeding $1,000), or as otherwise required by statute. Unless specifically waived by the District with the approval of the General Manager and District’s legal counsel, the District shall require performance bonds for all Public Works Contracts in an amount not less than 100% of the total Contract amount,. Public Works Contracts let by an Invitation to Bid shall be awarded to the lowest responsive, responsible bidder in accordance with State law and the District’s standard Public Works contract documents. 7.3 Professional Services (over $75,000) - RFPs will be initiated pursuant to the limits set forth in Table 2 when the Contract is anticipated to exceed $75,000, unless the District’s needs mandate uniquely qualified services, in which case only one proposal from a 3010-007 Purchasing Policy Page 11 of 22 qualified firm may be solicited. Professional Services shall be engaged in accordance with California Government Code §4525 et seq., on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the District. 7.3.1 Professional Engineering Services - The District may request proposals for engineering services when the contract amount is anticipated to exceed $25,000, and up to $75,000. For engineering services anticipated to exceed $75,000, RFPs will be initiated pursuant to the limits set forth in Table 2. 7.3.2 Exceptions from Competitive Solicitation Process – Professional Services - In addition to the exception for “uniquely qualified services” set forth under Section 7.3, the following criteria shall apply as exceptions to the competitive solicitation requirements set forth under Table 2 for Professional Services where such requirements would otherwise apply: A. For Professional Services estimated to cost $25,000 or less, staff may request a proposal from one (1) qualified Consultant. B. For Public Works projects where the project design is scheduled in phases, the related Professional Services may be negotiated with the Consultant that performed the work for a prior phase, if the Consultant performed satisfactory work on the prior phase(s) in terms of quality, schedule and estimated design costs and a satisfactory Contract can be negotiated. C. For Professional Services in which it is impracticable to comply with the selection process because of the unique, exploratory or experimental nature of the project, staff may request a proposal from one (1) qualified Consultant. 7.4 Rejecting Competitive Responses - In response to an Invitation to Bid, RFQ, or RFP, the District may reject a bid or other response which is in any way incomplete, irregular, amplified, unqualified, conditional or otherwise not in compliance with the solicitation documents in all material respects, and in accordance with law. The District may waive any informality, irregularity, immaterial defects or technicalities in any bids or other responses received; and/or cancel an Invitation for Bid or RFP/RFQ, or reject all bids or responses for any other reason, which indicates the cancellation or rejection of all bids or responses is in the best interest of the District, and in accordance with law. Rejection of all bids or responses or cancellation of competitive solicitations, including determinations to re-bid, or re-solicit are subject to the same level of authority which is 3010-007 Purchasing Policy Page 12 of 22 required to award a Contract as provided under Table 1, and as required by law. 7.5 RFPs and RFQs - The General Manager and the Board reserve the right to award Contracts based upon the best interests of the District, as determined by the District in its sole discretion. 8.0 CHANGE ORDERS 8.1 Change Orders may be issued from time to time as required by changes in the specifications or conditions of a project, services performed or materials to be issued. 8.1.1 Change Orders – PO Only - Change Orders up to 10% (to a maximum additional $1,000) of the original PO amount may be issued by the appropriate Department Manager without further approvals. A revised Purchase Order Requisition must be completed and approved at the appropriate authorization levels under Table 1 for any Change Order request exceeding the original amount by more than 10% or the $1,000 limit. 8.1.2 Change Orders – Formal Contracts and Amendments A. For Contracts and/or Amendments under $75,000: • Change Orders up to 10% of the original Contract amount can be approved by the appropriate authorization levels as outlined in Table 1 up to a maximum total Contract amount of $75,000 without Board approval. • Board approval is required for Change Order requests exceeding the original Contract amount by more than 10%, or resulting in a total Contract amount over $75,000. B. For Contracts and/or Amendments $75,001 and over: • Change Orders up to 10% (to a maximum additional $75,000) of the original Contract amount can be approved by the appropriate authorization levels as outlined in Table 1 without Board approval. • Board approval is required for Change Order requests exceeding the original Contract amount by more than 10%, or resulting in a $75,000 increase. 8.1.3 Change Order Exceeding Limits A Change Order exceeding the Change Order limits set forth in this article may be authorized by the General Manager prior 3010-007 Purchasing Policy Page 13 of 22 to Board approval if, in the General Manager’s determination, any of the following circumstances exist: A. A delay in Change Order authorization could result in a negative financial impact to the District. B. A delay in Change Order authorization could result in damage to or impairment of the operations of a District facility. C. An Emergency exists which requires immediate work/services. The Board shall be notified of any Change Order authorization exceeding the General Manager’s authorization limit at the next regularly scheduled Board meeting. 9.0 ETHICAL PROCUREMENT – CONFLICT OF INTEREST 9.1 Board members, District officers and employees shall not be financially interested in any Contract made by them in their official capacity. (Government Code Sections 1090 and 1091.5). Board Members, District officers and employees shall not participate in any way to influence a governmental decision in which he/she knows or has reason to know that he/she has a financial interest. (Government Code Section 87100 et seq.) 9.2 Any District employee (other than Administrative Personnel not under Designated Positions in the District’s Conflict of Interest Code) authorized under this Policy to make or enter into purchases on behalf of the District will complete a Statement of Economic Interests (Form 700) and comply with the District’s Conflict of Interest Code. 9.3 Confidential or proprietary information must be handled with due care and proper consideration of ethical and legal ramifications and governmental regulations. 9.4 Purchasing activities must be performed in accordance with all applicable laws and District policies. 9.5 Any employee/individual who violates the standards set forth in this Section shall be subject to disciplinary action consistent with District personnel policies. 10.0 EMERGENCY PROCUREMENT PROCEDURES 10.1 In the event that the District declares an Emergency, the District may procure the necessary equipment, services, and supplies in response to that Emergency without following the purchasing procedures prescribed by this Policy. 3010-007 Purchasing Policy Page 14 of 22 10.2 General Manager Authority 10.2.1 The Board has authorized the General Manager, or his/her designee, to approve Emergency Procurements described in Section 10.1. 10.2.2 If the Emergency procurement exceeds the General Manager’s approval authority, the General Manager, or his/her designee, shall report to the Board, at its next meeting, the reasons justifying why the Emergency did not permit time to comply with the District’s purchasing requirements and why the purchase was necessary to respond to the Emergency. 10.3 Board Ratification 10.3.1 After the District makes an Emergency Procurement, it shall make a finding based on substantial evidence set forth in the minutes of its meeting that the Emergency did not permit time to comply with the District’s purchasing requirements, and that the purchase was necessary to respond to the Emergency. 10.4 Federally Declared Emergencies; Procurement and Contracting Requirements 10.4.1 In the event of an emergency declared by the President of the United States, the District must comply with Federal procurement standards as a condition of receiving public assistance funding from the Federal Emergency Management Agency (FEMA) for contract costs for eligible work. FEMA funding is governed by Title 2 of the Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 10.4.2 Federal Emergency Procurement Procedures A. Micro Purchases • Purchases within the micro-purchase threshold (e.g. currently set at purchases of $3,000 or less but periodically adjusted for inflation) may be awarded without soliciting competitive quotations if the District considers the price to be reasonable. • To the extent practicable, the District must distribute micro-purchases equitably among qualified suppliers. B. Small Purchases • Purchases within the simplified acquisition threshold (e.g. currently set at purchases of 3010-007 Purchasing Policy Page 15 of 22 $150,000 or less) shall not be required to be formally bid. • Price quotations must be received from no less than three (3) sources. C. Formal, Seal Bidding • Formal, sealed bidding is required for purchases greater than the simplified acquisition threshold, which is currently set at $150,000, or as may be adjusted by the Federal Acquisition Regulation, pursuant to 48 CFR Section 2.101. • The District must publically advertise the invitation for Bids and publically open all bids at the time and place prescribed in the invitation. • Any contracts awarded pursuant to this procedure shall be to the lowest responsible bidder submitting a responsive bid and shall be for a firm fixed price. D. Solicitation of Competitive Proposals • When the nature of a procurement does not lend itself to formal, sealed bidding (e.g. professional services), the District may solicit competitive proposals. • A request for proposals (RFP) must be publically advertised, and the District must solicit proposals from an adequate number of sources. The RFP must identify all evaluation factors and their relative importance; however, the numerical or percentage ratings or weight need not be disclosed. • Any contract awarded based on the competitive proposal procurement process cannot be based exclusively on price or price-related factors. • If a contract is awarded, it shall be to the responsible firm whose proposal is most advantageous to the District (“best value”), with price and other factors considered. 10.4.3 Federal Emergency Noncompetitive Procurements A. Contracts may be procured through a noncompetitive proposal only when: • The item is only available from a single source; 3010-007 Purchasing Policy Page 16 of 22 • The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; • The District authorizes noncompetitive proposals, as otherwise permitted by the Purchasing Policy; or • Competition is deemed inadequate after the solicitation of a number of sources. 10.4.4 Federal Emergency Contracting with Small and Minority Firms, Women’s Business Enterprises, and Labor Area Surplus Firms A. The District must conduct all necessary affirmative steps to ensure the use of minority businesses, women’s business enterprises, and labor surplus area firms when possible, as set forth in 2 CFR Section 200.321. B. The District has developed contract templates that include requirements for bidders to take those affirmative steps to secure involvement by those firms, as outlined in 2 CFR Section 200.321(b). 10.4.5 Federal Emergency Cost or Price Analysis A. The District shall perform a cost or price analysis is connection with every procurement action, including contract modifications, in excess of the simplified acquisition threshold. While the method and degree of analysis depends on the facts surrounding the particular procurement situation, the District must, at a minimum, make independent estimates before receiving bids or proposals. B. The District shall negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where a cost analysis is performed as required by 2 CFR Section 200.323(b). 10.4.6 Federal Emergency Payment Procedures A. Contracts entered into pursuant to this Section 10.4 shall utilize only fixed-price, cost-reimbursement, or, to a limited extent, time and materials payment methods. B. Time and Materials (T&M) Contracts • T&M contracts should be used rarely, and the use of T&M contracts should be limited to a reasonable time period (e.g., no more than 70 hours) based on circumstances during which the District cannot define a clear scope of work. 3010-007 Purchasing Policy Page 17 of 22 • The District shall only enter into a T&M contract if all of the following apply:  No other contract was suitable;  The contract has a guaranteed maximum price that the contractor exceeds at its own risk; and  The District provides a high degree of oversight to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. • The District must define the scope of work as soon as possible to enable procurement of a more acceptable type of contract (i.e., non-T&M). C. Separate Invoicing • All purchases made during a proclaimed Emergency shall require separate invoicing from routine (i.e., non-emergency related) purchases. All invoices shall state the goods, services, or equipment provided and shall specify where the goods or services were delivered. All invoices shall specify the location(s) where the goods or services were used, if possible. Any invoice which fails to properly identify the emergency nature of the purchase and provide details as to the date(s) and location(s), as appropriate, shall not be paid until such errors are corrected by the vendor and re- submitted in correct form. D. Auditing of Invoices for Debris Removal • All invoices for debris clearance and removal shall be audited prior to payment to the vendor. Vendors shall be notified of the requirement prior to award of any contract for debris clearance and/or removal. Audits shall be in accordance with procedures for debris removal monitoring specified in FEMAA’s Publication 325, Debris Management Guide. 11.0 COUNTY WATER DISTRICT STATUS The District is a County Water District and therefore is not mandated by State law to competitively bid any purchases, including those for Public Works projects and/or capital expenditures. The District has discretion to enter into non-bid Contracts for Public Works, to procure Services and Materials, to contract for design-build work, to utilize job-order contracting and to enter into Cooperative Purchasing arrangements for the design, 3010-007 Purchasing Policy Page 18 of 22 construction and maintenance of Public Works, or undertake any other form of contracting determined to be in the District’s best interest, except as otherwise expressly restricted by law. Notwithstanding this lack of legal mandate and contractual discretion, District staff shall make a good faith effort to support the Competitive Selection Process described in Section 7. 12.0 POLICY REVISIONS This document will be maintained and revised by the General Manager with his/her designated representatives in consultation with the District’s legal counsel, subject to approval by the Board. This document will be reviewed annually and revisions will occur whenever applicable Federal, State or local regulations change or otherwise as the need arises and in the discretion of the Board. 13.0 POLICY APPROVAL AND ADOPTION This Policy has been reviewed by the Yorba Linda Water District Board of Directors and adopted by Resolution No. 18-37 on December 11, 2018. 3010-007 Purchasing Policy Page 19 of 22 EXHIBIT A NOTIFICATION OF SINGLE / SOLE SOURCE PROCUREMENT Pursuant to the District’s Purchasing Policy (3010-007), notification of single or sole source procurements of $25,000 or more must be presented to the Board at the next regular meeting. Vendor Name Requestors Name Address Department Purchase Amount Primary Contact Total Budgeted Phone Job # PO # Purchases from Same Vendor for Previous 24 Months Product / Service Description Justification / Background _________________________ Department Manager _________________________ Date _________________________ General Manager _________________________ Date 3010-007 Purchasing Policy Page 20 of 22 EXHIBIT B PROCUREMENT CARD POLICY PURPOSE The Procurement Card Program was developed to allow designated full-time regular employees the capability to purchase, with predefined spending limits, certain types of items directly from the merchant thus reducing the cost associated with low-value purchasing activity. The purpose of this policy is to identify the conditions in which employees will be issue a Procurement Card and the rules for its use. GENERAL INFORMATION Authorization to use this Card is restricted to the CARDHOLDER ONLY and MAY NOT BE USED FOR PERSONAL PURCHASES. 1.1 Employees will not use District Procurement Cards for personal expenses even if the intent is to reimburse the District later. 1.2 Procurement Cards must not be used for purchases when the cardholder has personal interest in the merchant or knowledge that a purchase would create a conflict of interest. 1.3 Before receiving a Procurement Card, employees will sign a “Cardholder Procurement Card Agreement” and receive a copy of the Policies and Procedures setting forth their obligations under this program. 1.4 The Procurement Card is supplemented to the procurement process. As with other procurement methods the following conditions must be met when using the Procurement Card: 1.4.1 The Procurement Card should be used whenever possible in lieu of petty cash or low dollar requisitions from point of sale vendors. 1.4.2 Purchases must not be split to circumvent transaction limits of this Procurement Policy. 1.4.3 Each single purchase may be comprised of multiple items, but the total including tax and freight cannot exceed the single purchase dollar limit on the Procurement Card. 1.4.4 Every purchase using the Procurement Card must adhere to all provisions of the Procurement Policy. PROCUREMENT CARD ROLE DEFINITIONS Cardholder: The cardholder is the District employee whose name appears on the Procurement card. 3010-007 Purchasing Policy Page 21 of 22 Approver: The Approver is the person who is responsible for reviewing the charges for a group of cardholders to ensure that purchases are appropriate and allowed. Program Administrator: The Program Administrator provides overall administration and oversight of the procurement card program. RESPONSIBILITIES Cardholders: Cardholders Safeguard the Procurement Card, provide itemized receipts for all transactions, allocate the transactions, and sign off on the transactions in a timely basis. Approvers: Approvers review transactions of cardholders for adherence to policies and procedures, ensure that all transactions are properly coded, and all disputed charges are correctly reported. The Cardholder and Approver are required to review and approve the individual cardholder transactions and submit to Accounts Payable with the established time frame specified by Finance. This is critical to allow Accounts Payable to make payment within specified time limits. Failure to meet approval deadlines can result in the following: First Failure – Verbal/electronic warning Second Failure – Written warning and notification to the appropriate Department Manager and possible suspension of card privileges. Third Failure – Suspension of card privileges. Restoration of card privileges requires approval by the Finance Manager. PROCUREMENT AUDITS To ensure the continued success of the Procurement Card Program, periodic, random audits will be performed by the Finance Department. The purpose of the audits will be to ensure the cardholders are adhering to established policies and procedures. USE OF PROCUREMENT CARD FOR TRAVEL AND MEALS Procurement cards may be used for approved travel in accordance with the District’s travel policy. CARD RESTRICTIONS The Procurement Card is not to be used for services of any kind, leases or repairs excluding auto when traveling, due to insurance requirements and the complexity of IRS 1099 reporting. Department Managers may apply additional restrictions on card use. It is the responsibility of the cardholder to know what their department’s restrictions are. 3010-007 Purchasing Policy Page 22 of 22 MISUSE OF A PROCUREMENT CARD The following situation are a few examples of “misuse” of a Procurement Card. • Purchases using the Procurement Card for personal benefit of the employee. • Assignment or transfer of an individual Procurement Card to an unauthorized person. • Purchases from family, friends or relatives where there is personal gain or a conflict of interest, perceived or real. Any variance, misuse and/or violation of the policy and processes set forth will be considered improper use of the card. This may result in card cancellation, disciplinary action, up to and including termination. RETURN OF MERCHANDISE In the event the cardholder determines that an item must be returned for any reason, the item and credit card receipt must be returned to the merchant/vendor as soon as possible. At no time is the cardholder allowed to accept a store gift card or cash in lieu of a credit adjustment to the procurement card. Cardholder is responsible for allocating and signing off on both the purchase and the credit transactions in a timely manner. DISPUTES All transactions should be monitored for validity and disputed transactions must be reported to the Program Administrator. To process a dispute, consult the Program Administrator. LOST OR STOLEN CARDS When a Procurement Card is lost or stolen during normal business hours the cardholder must notify his or her Approver and the Program Administrator immediately. If it is after hours you must notify the issuing bank directly. SEPARATION, TRANSFER OR REVOCATION OF CARD PRIVILEGES Upon leaving the District, transferring to another Department or loss of Procurement Card privileges, the Cardholder must return his or her Procurement Card to Human Resources. Concurrent with surrendering the card, the cardholder must deliver documentation to their supervisor of all outstanding transactions. The General Manager, Assistant General Manager, or Department Managers have absolute discretion to suspend or revoke a cardholder’s privileges at any time and for any reason. ITEM NO. 9.2 AGENDA REPORT Meeting Date: December 11, 2018 Total Budget:$90,000 To:Board of Directors Funding Source:Water Operating Fund From:Marc Marcantonio, General Manager Account No:1-1010-0440-00 Dept:Board of Directors Prepared By:Annie Alexander, Executive Assistant Subject:Board of Directors Compensation STAFF RECOMMENDATION: That the Board of Directors review the Directors' current compensation rate and determine if it should remain the same for the next calendar year. DISCUSSION: In accordance with California Water Code Sections 20201-20202, the amount of compensation for members of the Board of Directors is currently set at $150 per day for each day's attendance at meetings of the Board and other meetings attended at the request of the Board, not to exceed 10 days per calendar month. Section 20202 also allows for an increase in the amount of compensation up to 5% for each calendar year following the operative date of the last adjustment. As the last adjustment was effective March 24, 2003 per Ordinance No. 03-01, the Board of Directors would be eligible for an increase in their current compensation rate up to $311.84 per day as of March 24, 2018. Also attached are the results of a compensation survey that was recently conducted by the Irvine Ranch Water District. Should the Board recommend an increase in the amount of compensation, an ordinance would need to be adopted pursuant to the procedures specified in Water Code Sections 20203-20204 and Government Code Section 6066: A public hearing would need to be held prior to adoption of the ordinance. Notice of the hearing would need to be published in a newspaper of general circulation once a week for two successive weeks prior to the public hearing. The ordinance would become effective 60 days from the date of its final passage. No action is necessary if the Board desires the compensation rate to remain the same. ATTACHMENTS: Name:Description:Type: Directors_Fee_Survey_2018.pdf Backup Material Backup Material BOARD OF DIRECTORS PER DIEM SURVEY (as of November 12, 2018) AGENCY PER DIEM MEETING EFFECTIVE DATE MAXIMUM MEETINGS PER MONTH El Toro Water District $219.00 March 2018 10 Irvine Ranch Water District $286.00 January 2019 10 Mesa Water District $264.00 July 2017 10 Moulton Niguel Water District $220.00 September 2016 10 Municipal Water of Orange County $296.99 January 2018 10 Orange County Water District $288.00 April 2018 10 Santa Margarita Water District $210.00 February 2009 10 South Coast Water District $190.00 January 2006 10 Yorba Linda Water District $150.00 January 2003 10 ITEM NO. 10.1 AGENDA REPORT Meeting Date: December 11, 2018 Budgeted:Yes Total Budget:$90,000 To:Board of Directors Cost Estimate:$90,000 Funding Source:Water Operating Fund From:Marc Marcantonio, General Manager Account No:1010-0440-00 Prepared By:Annie Alexander, Executive Assistant Subject:Establishment of Committees and Committee, Agency and Intergovernmental Meeting Assignments DISCUSSION: Pursuant to Section 6.1.(B) of the Board of Directors' Policies and Procedures (Resolution No. 18- 15), the newly elected President shall make committee, agency, and intergovernmental meeting assignments, subject to consent of the Board, following the annual reorganization of the Board of Directors. In addition, the purpose of each established committee shall be reviewed by the Board, prior to making these assignments, in order to determine their continuing relevance. The Total Budgeted and Estimated Cost amounts listed above include compensation for Board, Committee and intergovernmental meeting attendance at a maximum of $150 per day up to 10 days per calendar month as allowed by statute and established by Ordinance No. 03-01. Two Board members will also need to be assigned to serve as Active and Alternate Directors for the Orange County Sanitation District (OCSD). The Active director may also be assigned to one or more OCSD committees. OCSD Board members are compensated by OCSD at a rate of $212.50 per day for meeting attendance (up to six meetings a month with the average being two) and receive no health insurance benefits from OCSD. The Chair may be compensated for up to 10 meetings per month. The attached list has been provided to facilitate the process of identifying Directors' assignment preferences. Staff is suggesting the Board consider the currently established committees and determine their continuing relevance and review the available committee, agency, and intergovernmental meeting assignments and provide their preferences to the newly elected President by Thursday, December 20, 2018 in preparation for the next regular Board meeting on Tuesday, January 8, 2019. ATTACHMENTS: Name:Description:Type: BOD_Assignments.xls Backup Material Backup Material YORBA LINDA WATER DISTRICT Board of Directors'Committee,Agency and Intergovernmental Meeting Assignments JOINT/INTERAGENCY COMMITTEES 2017 2018 2019 YLWD/MWDOC/OCWD Miller Nederhood Meets bi-monthly on 4th Tuesday at 4:00 p.m. Nederhood Jones YLWD/City of Yorba Linda Miller Nederhood Meets quarterly. No set day of the month or time. Hawkins Jones YLWD/City of Placentia Miller Nederhood Meets as necessary. No meetings were held during 2017 or 2018. Nederhood Jones INTERGOVERNMENTAL MEETINGS 2017 2018 2019 YL City Council Directors Rotate Attendance Directors Rotate Attendance Meets 1st and 3rd Tuesday of the month at 6:30 p.m. htti)://vAvw.ci.vorba-linda.ca.us/ 1YL Planning Commission Hawkins Hawkins Meets 2nd and 4th Wednesday of the Month at 6:30 p.m. (As Needed) (As Needed) LhttD://www.ci.vorba-li nda.ca.us/i ndex.DhD/elected-officials/comm i ssions/plan ni na-commission IMWDOC Board of Directors Nederhood Nederhood Meets 1st and 3rd Wednesday of the month at 8:30 a.m. Jones htti)://www.mwdoc.com/ IOCWD Board of Directors Jones Miller Meets 1st and 3rd Wednesday of the Month at 5:30 p.m. Jones Ihtti)://www.ocwd.com/ JOCSD* Hawkins Hawkins Meets 4th Wednesday of the month at 6:00 p.m. Jones(Alternate) Jones(Alternate) httD://www.ocsd.co m/ IWACO Jones All Directors Preauthorized Meets 1st Friday of the month at 7:30 a.m. (All Directors Preauthorized) Ihtti)://www.mwdoc.com/waco JISDOC Hawkins All Directors Preauthorized Meets months with 5th Thursday at 11:30 a.m. (All Directors Preauthorized) IhttD://www.mwdoc.com/isdoc JLAFCO Nederhood All Directors Preathorized Meets 2nd Wednesday of the month at 8:00 a.m. (As Needed) IhttD://oclafco.ora/ JACWA/JPIA" Miller Jones Meets semi-annually in May and November. lhttD://www.acwaiDia.com/ Submission of Form 700 for OCSD required. Additional committee participation may be necessary. Submission of Form 700 for ACWA/JPIA required. ITEM NO. 11.1 AGENDA REPORT Meeting Date: December 11, 2018 Subject:Directors' Reports · Intergovernmental Meetings, Conferences, and Events SUMMARY: The Directors will report on their attendance at the following events: 1. OC LAFCO - November 14, 2018 (Nederhood - As Needed) 2. OCWA Luncheon - November 14, 2018 (Jones/Miller/Nederhood) 3. YL Planning Commission - November 14, 2018 (Hawkins - As Needed) 4. Grand Opening Ceremony for YL Parking Structure - November 20, 2018 (Jones/Miller/Nederhood) 5. YL City Council - November 20, 2018 (Miller) 6. MWDOC Board - November 21, 2018 (Nederhood/Jones) 7. ACWA-JPIA Fall Conference - November 26-27, 2018 (Jones/Miller) 8. ACWA Groundwater Committee - November 27, 2018 (Jones) 9. ACWA Energy Committee - November 27, 2018 (Miller) 10. ACWA Water Quality Committee - November 27, 2018 (Miller) 11. ACWA Fall Conference - November 27-30, 2018 (Jones/Miller/Nederhood) 12. OCSD Board - November 28, 2018 (Hawkins) 13. ISDOC Executive Committee - December 4, 2018 (Nederhood) 14. YL City Council - December 4, 2018 (Nederhood) 15. WEF Workshop - December 5, 2018 (Nederhood) 16. MWDOC Board - December 5, 2018 (Jones) 17. OCSD Operations Committee - December 5, 2018 (Hawkins) 18. OCWD Board - December 5, 2018 (Jones) 19. WACO Planning Committee Dinner - December 6, 2018 (Jones/Nederhood) 20. MWDOC Elected Officials' Forum - December 6, 2018 (Hawkins/Miller) 21. WACO - December 7, 2018 (Hawkins/Jones/Nederhood) ITEM NO. 13.1 AGENDA REPORT Meeting Date: December 11, 2018 Subject:Meetings from December 12, 2018 - February 28, 2019 ATTACHMENTS: Name:Description:Type: BOD_-_Activities_Calendar.pdf Backup Material Backup Material Board of Directors Activity Calendar Event Date Time Attendance By December CRWUA Annual Conference Wed, Dec 12 8:00 AM Jones/Nederhood OC LAFCO Wed, Dec 12 8:15 AM Nederhood (As Needed) YL Planning Commission Wed, Dec 12 6:30 PM Hawkins (As Needed) CRWUA Annual Conference Thu, Dec 13 8:00 AM Jones/Nederhood CRWUA Annual Conference Fri, Dec 14 8:00 AM Jones/Nederhood YL City Council Tue, Dec 18 6:30 PM Jones MWDOC Board Wed, Dec 19 8:30 AM Nederhood/Jones OCWD Board Wed, Dec 19 5:30 PM Miller/Jones OCSD Board Wed, Dec 19 6:00 PM Hawkins District Offices Closed Mon, Dec 24 7:00 AM District Offices Closed Tue, Dec 25 7:00 AM January District Offices Closed Tue, Jan 1 7:00 AM MWDOC Board Wed, Jan 2 8:30 AM Nederhood/Jones OCSD Operations Committee Wed, Jan 2 5:00 PM Hawkins OCWD Board Wed, Jan 2 5:30 PM Miller/Jones WACO Fri, Jan 4 7:30 AM TBD ISDOC Executive Committee Tue, Jan 1 7:30 AM Nederhood Board of Directors Regular Meeting Tue, Jan 8 6:30 PM OC LAFCO Wed, Jan 9 8:15 AM Nederhood (As Needed) YL City Council Tue, Jan 15 6:30 PM MWDOC Board Wed, Jan 16 8:30 AM OCWD Board Wed, Jan 16 5:30 PM Board of Directors Regular Meeting Tue, Jan 22 6:30 PM OCSD Board Wed, Jan 23 6:00 PM YL Planning Commission Wed, Jan 23 6:30 PM Interagency Committee Meeting with MWDOC and OCWD Thu, Jan 24 4:00 PM GRAC Conference Mon, Jan 28 8:00 AM Jones GRAC Conference Tue, Jan 29 8:00 AM Jones ISDOC Thu, Jan 31 7:30 AM TBD February WACO Fri, Feb 1 7:30 AM TBD ISDOC Executive Committee Tue, Feb 5 7:30 AM YL City Council Tue, Feb 5 6:30 PM MWDOC Board Wed, Feb 6 8:30 AM OCSD Operations Committee Wed, Feb 6 5:00 PM OCWD Board Wed, Feb 6 5:30 PM Board of Directors Regular Meeting Tue, Feb 12 6:30 PM OC LAFCO Wed, Feb 13 8:15 AM YL Planning Commission Wed, Feb 13 6:30 PM YL City Council Tue, Feb 19 6:30 PM MWDOC Board Wed, Feb 20 8:30 AM OCWD Board Wed, Feb 20 5:30 PM Board of Directors Regular Meeting Tue, Feb 26 6:30 PM UWI Spring Conference Wed, Feb 27 8:00 AM Jones/Nederhood OCSD Board Wed, Feb 27 6:00 PM YL Planning Commission Wed, Feb 27 6:30 PM UWI Spring Conference Thu, Feb 28 8:00 AM Jones/Nederhood BACKUP MATERIALS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 ITEM NO. 8.7. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 ITEM NO. 8.7. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 ITEM NO. 8.7. Status of Engineering Activities December 11, 2018 ITEM NO. 10.5. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 Fairmont Booster Pump Station UpgradeITEM NO. 10.5. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 ITEM NO. 10.5. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 ITEM NO. 10.5. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 ITEM NO. 10.5. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 ITEM NO. 10.5. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 ITEM NO. 10.5. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 Lakeview Sewer Lift Station DecommissioningITEM NO. 10.5. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 ITEM NO. 10.5. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 ITEM NO. 10.5. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 ITEM NO. 10.5. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 ITEM NO. 10.5. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 ITEM NO. 10.5. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 PRS Rehabilitation Phase 2 ITEM NO. 10.5. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 Tract 15199 Waterline ReplacementITEM NO. 10.5. MATERIALS SUBMITTED BY: Rosanne Weston MEETING DATE: December 11, 2018 AFTER ACTION –CITY OF PARADISE December 7, 2018 Brett R. Barbre John DeCriscio ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018 FIRE IN PARADISE –CAMP FIRE Incident Start Date:Thursday, November 8, 2018 Incident Start Time:6:29 am Size:153,336 acres Firefighter Injuries:3 Civilian Fatalities:85 SFR Damaged/Destroyed:462/13,696 MFR Destroyed:276 Commercial Damaged/Destroyed:102/528 Misc. Structures Destroyed:4,293 ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018 PARADISE IRRIGATION DISTRICT ASSISTANCE Freddie Ojeda Provided logistics and organization Ron Talbert Doug Baker Replaced the brakes, changed oil & lubed three trucks; prepared notes Josh Madrid Robert Cuellar Cleaned and prepared trucks for transit ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018 PARADISE IRRIGATION DISTRICT ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018 PARADISE IRRIGATION DISTRICT ASSISTANCE ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018 BEFORE AND AFTER -MCDONALDS ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018 BEFORE AND AFTER –BLACK BEAR DINER ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018 BEFORE AND AFTER –SAFEWAY SHOPPING CENTER ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018 BEFORE AND AFTER –LDS CHURCH ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018 BEFORE AND AFTER –COVERED BRIDGE ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018 BEFORE AND AFTER –GOLD NUGGET MUSEUM ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018 PARADISE IRRIGATION DISTRICT Basic Statistics Established:1916 Municipal Connections:10,546 Precipitation (annual):55 inches rainfall/6 inches of snowfall Storage Facilities Owned:2 dams (Paradise Dam & Magalia Dam) Treatment Plant:1 –Capacity is 22.8 mgd Metered System?:Yes , since 1934 Meter Type:AMI System (7,500 in 2010; remainder 2011) Population Served:25,977 (all but 258 connections in City of Paradise) Wastewater:Septic System for all homes (clustered systems) ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018 PARADISE IRRIGATION DISTRICT ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018 PARADISE IRRIGATION DISTRICT ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018 PARADISE IRRIGATION DISTRICT ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018 PARADISE IRRIGATION DISTRICT FUTURE CHALLENGES Only 6 months of reserves to cover labor/expenses/replacement Limited revenue –10% of customers survived fire and need service All meters will need to be replaced Locating service connections will be a challenge Replace equipment destroyed in fire (entire back hoes) Reconnecting services will be sporadic and may require outside assistance ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018 PARADISE –THE CITY WILL REBUILD ITEM NO. 11.2. MATERIALS SUBMITTED BY: Brett R. Barbre and John DeCriscio MEETING DATE: December 11, 2018