The URL can be used to link to this page

Home My WebLink About2019-04-09 - Board of Directors Meeting Agenda Packet (B) AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, April 9, 2019, 6:30 PM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Brooke Jones, President Phil Hawkins, Vice President Andrew J. Hall, Director J. Wayne Miller, Director Al Nederhood, Director 4. ADDITIONS/DELETIONS TO THE AGENDA 5. INTRODUCTIONS AND PRESENTATIONS 5.1. Elected Official Liaison Reports 5.2. Federal and State Legislative Update 6. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to three minutes. 7. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 7.1. Minutes of the Board of Directors Regular Meeting Held March 12, 2019 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,397,538.54. 7.3. Establishing Certain Emergency Procedures and Organization for Responding to a Threatened or Actual Disaster Recommendation: That the Board of Directors adopt Ordinance No. 2019-XX establishing certain emergency procedures and organization for responding to a threatened or actual disaster and rescinding Ordinance No. 90-02. 7.4. Adopting State Department of Transportation (Caltrans) Prevailing Equipment Rental Rates Recommendation: That the Board of Directors approve Resolution No. 2019-XX adopting the State Department of Transportation (Caltrans) Prevailing Equipment Rental Rates as the District's official equipment rental rate schedule for reimbursement of operational expenses incurred during the course of responding to and performing regular and emergency repairs. 7.5. Disclosure of Critical Infrastructure Information Recommendation: That the Board of Directors adopt Resolution No. 2019-XX regarding the disclosure of critical infrastructure information. 7.6. Amending the District's Conflict of Interest Code Recommendation: That the Board of Directors approve Resolution No. 2019-XX adopting a Conflict of Interest Code which supersedes all prior Conflict of Interest Codes and amendments previously adopted. 7.7. Opposition of Assembly Bill 1486 (Ting) Unless Amended Recommendation: That the Board of Directors adopt an oppose position on Assembly Bill 1486 (Ting) unless amended. 8. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 8.1. Request for Contribution from Southern California Water Coalition (SCWC) Recommendation: That the Board of Directors consider making a contribution to SCWC to help fund the development of a methodology for evaluating the economic feasibility of the State Water Resources Control Board's proposed drinking water standards. 9. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the District’s interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 9.1. Status of Engineering Activities 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. Directors' Reports · Intergovernmental Meetings, Conferences, and Events 10.2. General Manager's Report 10.3. General Counsel's Report 10.4. Future Agenda Items and Staff Tasks 11. COMMITTEE REPORTS 11.1. Interagency Committee with MWDOC and OCWD (Jones/Hawkins) · Minutes of meeting held March 28, 2019 at 4:00 p.m. will be provided when available. · Next meeting scheduled May 23, 2019 at 4:00 p.m. 11.2. Joint Agency Committee with City of Yorba Linda (Jones/Hawkins) · Minutes of meeting held March 18, 2019 at 4:00 p.m. are included in the agenda packet. · Next meeting scheduled June 17, 2019 at 4:00 p.m. at Yorba Linda City Hall. 11.3. Joint Agency Committee with City of Placentia (Jones/Hawkins) · Next meeting scheduled April 11, 2018 at 8:30 a.m. at Placentia City Hall. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from April 10 - May 31, 2019 13. ADJOURNMENT 13.1. A Board of Directors Budget Workshop has been scheduled on Tuesday, April 23, 2019 at 5:30 p.m. in lieu of the regular meeting. The next Regular Board Meeting will be held Tuesday, May 14, 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. 7.1 AGENDA REPORT Meeting Date: April 9, 2019 Subject:Minutes of the Board of Directors Regular Meeting Held March 12, 2019 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2019-03-12_-_Minutes_-_BOD.docx Minutes Minutes Minutes of the YLWD Board of Directors Regular Meeting Held March 12, 2019 at 6:30 p.m. 1 2019-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, March 12, 2019, 6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 6:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Brooke Jones, President Marc Marcantonio, General Manager Phil Hawkins, Vice President Brett Barbre, Assistant General Manager Andrew J. Hall Delia Lugo, Finance Manager J. Wayne Miller Rosanne Weston, Engineering Manager Al Nederhood Annie Alexander, Exec Asst/Board Secretary Freddie Ojeda, Operations Superintendent 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 President Jones invited Paul E. Dory, Director for Vista Irrigation District, and Fred R. Bockmiller, Director for Mesa Water District to comment on their requests for concurring resolutions in support of their nominations to ACWA JPIA’s Executive Committee (Item No. 8.1.). Director Dorey also commented on his request for a concurring resolution in support of his nomination to the CA Water Insurance Fund Board of Directors (Item No. 8.2.). Minutes of the YLWD Board of Directors Regular Meeting Held March 12, 2019 at 6:30 p.m. 2 2019-XXX Brett Barbre, in his capacity as Director for the Metropolitan Water District of Southern California (MWDSC) and President for Municipal Water District of Orange County (MWDOC), commented on the Colorado River Drought Contingency Plan, current water supply conditions, and status of the California WaterFix. 6. PUBLIC COMMENTS None. 7. CONSENT CALENDAR Director Hall made a motion, seconded by Director Miller, to approve the Consent Calendar. Motion carried 5-0-0-0 on a Roll Call vote. 7.1. Minutes of the Board of Directors Regular Meeting Held February 12, 2019 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds, and Wire transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $847,902.09. 7.3. Support of Senate Bill 669 (Caballero) – Water Quality: Safe Drinking Water Fund Recommendation: That the Board of Directors adopt a resolution supporting SB 669 (Caballero), the Safe Drinking Water Trust. 7.4. Support of Senate Bill 414 (Caballero) – Small System Water Authority Act of 2019 Recommendation: That the Board of Directors adopt a support position on Senate Bill 414 (Caballero). 7.5. Support of Assembly Bill 533 (Holden) – Income Taxes: Exclusion: Water Conservation or Efficiency Programs: Water Runoff Management Improvement Program Recommendation: That the Board of Directors adopt a support position on Assembly Bill 533 (Holden). Minutes of the YLWD Board of Directors Regular Meeting Held March 12, 2019 at 6:30 p.m. 3 2019-XXX 7.6. Opposition of Senate Bill 204 (Dodd) – State Water Project: Contracts Recommendation: That the Board of Directors adopt an oppose position on Senate Bill 204 (Dodd). 7.7. Terms and Conditions for Sewer Service with Gerard Mahoney and Michael Kirtland – La Pradera Sewer Main Extension Recommendation: That the Board of Directors approve the Terms and Conditions for Sewer Service with Gerard Mahoney and Michael Kirtland, La Pradera Sewer Main Extension, Job No. 2019-07S. 8. ACTION CALENDAR 8.1. Concurring Nomination Resolution for ACWA JPIA 2019 Executive Committee Election Director Miller made a motion, seconded by Director Jones, to adopt concurring resolutions in support of the nominations of Paul E. Dory, Vista Irrigation District, and Fred R. Bockmiller, Mesa Water District, to ACWA JPIA’s Executive Committee. Motion carried 5-0-0-0 on a Roll Call vote. 8.2. Concurring Nomination Resolution for CA Water Insurance Fund Board of Directors Election Director Hawkins made a motion, seconded by Director Miller, to adopt a resolution concurring in the nomination of Paul E. Dory to the CA Water Insurance Fund Board of Directors. Motion carried 5-0-0-0 on a Roll Call vote. 8.3. California Special District Association Call for Nominations (Seat B) None of the Directors expressed an interest in being nominated as a candidate for this election. The Board took no action on this matter. 8.4. Applications to United States Department of the Interior, Bureau of Reclamation’s WaterSMART: Water and Energy Efficiency Grant Program and CalFED Water Use Efficiency Grant Program Staff responded to questions from the Board regarding the purpose of the grant applications, benefits to the District if awarded, and matching funds required. Minutes of the YLWD Board of Directors Regular Meeting Held March 12, 2019 at 6:30 p.m. 4 2019-XXX Director Hall made a motion, seconded by Director Hawkins to adopt resolutions authorizing the General Manager, or designee, to submit applications to the United States Department of the Interior, Bureau of Reclamation’s WaterSMART: Water and Energy Efficiency Grant Program in the amount of $1.5 million and CalFED Water Use Efficiency Grant Program in the amount of $500,000 for installation of the District’s Advanced Metering Infrastructure (AMI) Project. Motion carried 5-0-0-0 on a Roll Call vote. 9. DISCUSSION ITEMS 9.1. Water Use Efficiency Program Staff reviewed the District’s historical efforts related to this program, MWD’s rebate programs, and policy decisions to be considered by the Board. The Board discussed utilizing the District’s Conservation Reserve to support this program. 9.2. Board Goals for 2019 Calendar year The Board reviewed the goals discussed at the previous regular meeting and made no changes. The Board made suggestions related to the budget process and determined to conduct a budget workshop on Tuesday, April 23, 2019 at 5:00 p.m. in lieu of the regular meeting. 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. 10.2. General Manager's Report General Manager Marc Marcantonio asked each of the managers to report on activities within their respective departments. 10.3. General Counsel’s Report None. Minutes of the YLWD Board of Directors Regular Meeting Held March 12, 2019 at 6:30 p.m. 5 2019-XXX 10.4. Future Agenda Items and Staff Tasks None. 11. COMMITTEE REPORTS 11.1. Interagency Committee with MWDOC and OCWD (Jones/Hawkins) Next meeting is scheduled March 28, 2019 at 4:00 p.m. 11.2. Joint Agency Committee with City of Yorba Linda (Jones/Hawkins) Next meeting is scheduled March 18, 2019 at 4:00 p.m. at YL City Hall. 11.3. Joint Agency Committee with City of Placentia (Jones/Hawkins) Next meeting yet to be scheduled. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from March 13 – May 31, 2019 The Board made no changes to the activity calendar. 13. ADJOURNMENT 13.1. The meeting was adjourned at 8:35 p.m. Annie Alexander Board Secretary ITEM NO. 7.2 AGENDA REPORT Meeting Date: April 9, 2019 Budgeted:Yes To:Board of Directors Cost Estimate:$1,397,538.54 Funding Source:All Funds From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Reviewed by Legal:N/A Prepared By:Richard Cabadas, Accounting Assistant I CEQA Compliance:N/A Subject:Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors’ approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $1,397,538.54. DISCUSSION: The items on this disbursement list include: a check of $45,810.11 to City of Anaheim for February 2019 electricity charges at multiple locations; a wire of $47,407.27 to So. California Edison for February 2019 electricity charges at multiple locations; a wire of $14,957.01 to So. California Gas Co. for February 2019 gas charges at multiple locations; a wire of $137,480.10 to US Bank for the 2012A Refunding Revenue Bond interest payment; and a wire of $649,937.60 to US Bank for 2017A Revenue Bond interest payment. The balance of $205,584.51 is routine invoices. The Accounts Payable check register total is $1,101,176.60 and Payroll No. 06 total is $296,361.94; where the total of all listed disbursements for this agenda report is $1,397,538.54. 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: 19-CS_0409.pdf Cap Sheet Backup Material CkReg040919.pdf Check Register Backup Material 19_CC_0409.pdf Credit Card Summary Backup Material Summary of Disbursements April 09, 2019 CHECK NUMBERS: 04/09/2019 Computer Checks 73974-74042 $ 251,394.62 04/09/2019 Voided Checks 73905-73973 $ 0.00 ____________ $ 251,394.62 WIRES: 03/19/2019 So. California Edison $ 47,407.27 03/19/2019 So. California Gas Co. $ 14,957.01 03/25/2019 US Bank N.A. $ 137,480.10 03/28/2019 US Bank N.A. $ 649,937.60 ____________ $ 849,781.98 TOTAL OF CHECKS & WIRES $ 1,101,176.60 PAYROLL NO. 06: Direct Deposits $ 182,663.55 Third Party Checks 7162-7171 $ 24,093.93 Payroll Taxes $ 48,121.52 EFT – TASC #06 $ 2,572.88 EFT – CalPERS Payroll #06 $ 38,910.06 $ 296,361.94 TOTAL OF PAYROLL $ 296,361.94 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $1,397,538.54 ================================================================== APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF APRIL 09, 2019 ==================================================================. Check No.Date Vendor Name Amount Description 73994 04/09/2019 AGB-American Geophysical Brokerage 6,609.00 ANNUAL SEISMIC SERVICE 73975 04/09/2019 ALISSA GRABOWSKI 136.12 CUSTOMER REFUND 73995 04/09/2019 Aramark 475.92 UNIFORM SERVICE 74042 04/09/2019 ARC 20.00 PW DOC MGMT & PLANWELL DATA 73997 04/09/2019 AT & T - Calnet3 2,710.67 ATT CALNET3 73996 04/09/2019 ATS Communications 280.00 PROFESSIONAL SERVICES - FEBRUARY 2019 73998 04/09/2019 Autoscribe Corporation 1,184.25 TRANSACTION VISION GATEWAY - FEBRUARY 2019 73999 04/09/2019 BC Traffic Specialist 2,334.95 SAFETY EQUIPMENT 74000 04/09/2019 BrightView Tree Care Services Inc.1,824.70 LANDSCAPE SERVICE - APRIL 2019 74001 04/09/2019 Brooke Jones 25.06 MILEAGE REIMBURSEMENT - FEBRUARY 2019 74002 04/09/2019 CalCard US Bank 31,070.32 CREDIT CARD TRANSACTIONS - FEBRUARY & MARCH 2019 74003 04/09/2019 Calibrated Solutions 36,639.87 J19-14 - IT NETWORK REBUILD 74004 04/09/2019 CDW Government, Inc 524.40 IT EQUIPMENT - HP COLORJET MFP M477FNW 74005 04/09/2019 City Of Anaheim 45,810.11 MULTIPLE LOCATIONS - ELECTRICITY CHARGES - 02/12-03/13 74006 04/09/2019 Clinical Lab. Of San Bern.1,330.00 WATER QUALITY SAMPLING - FEBRUARY 2019 74007 04/09/2019 Dell Marketing L.P.5,033.51 IT EQUIPMENT - (2) LATITUDE 14 RUGGED 5414 74008 04/09/2019 Diversified Communications Services, Inc.2,326.88 (5) MOTOROLA XPR5580 800MHZ 74009 04/09/2019 Eisel Enterprises, Inc.533.36 J16-06 - METER BOX & LIDS 74010 04/09/2019 Enthalpy Analytical, Inc.1,710.00 WATER QUALITY SAMPLING - FEBRUARY 2019 73991 04/09/2019 FARWEST CORROSION CONTROL CO 1,532.50 CUSTOMER REFUND 73988 04/09/2019 FORCE HOLDINGS WEST 371.38 CUSTOMER REFUND 73980 04/09/2019 GERARD AVALOS 168.36 CUSTOMER REFUND 74011 04/09/2019 Groundwater Resources Assoc of CA 40.00 SAN DIEGO CHAPTER MEETING - DIR. JONES 74012 04/09/2019 Haaker Equipment Co.1,312.61 TOOLS & EQUIPMENT 73987 04/09/2019 HARLEY HARDING 125.00 CUSTOMER REFUND 74013 04/09/2019 Hydrex Pest Control 175.00 PEST CONTROL SERVICE 74014 04/09/2019 Jacqueline Segura 45.01 MILEAGE REIMBURSEMENT - FEBRUARY 2019 73979 04/09/2019 JAMIE JUMP 173.33 CUSTOMER REFUND 73981 04/09/2019 JANET FERRARO 1,432.11 CUSTOMER REFUND 74015 04/09/2019 Jeremy Smith 90.50 SUPPLIES - OPERATIONS SAFETY MEETING & TRAINING 73976 04/09/2019 JOHN HARDING 64.29 CUSTOMER REFUND 73982 04/09/2019 KDG INVESTMENTS INC 327.57 CUSTOMER REFUND 74016 04/09/2019 Killingsworth Gear 13,040.76 REPAIR GEAR DRIVE - WELL #5 & #18 74017 04/09/2019 Konica Minolta Business 1,764.21 COPY CHARGES - C258 & C558 73992 04/09/2019 LINDA LEE 33.24 CUSTOMER REFUND 74018 04/09/2019 Marc Marcantonio 63.63 MILEAGE REIMBURSEMENT - FEBRUARY 2019 74019 04/09/2019 Mc Fadden-Dale Hardware 322.28 HARDWARE SUPPLIES 74020 04/09/2019 MISCO 888.70 CL2 REPLACEMENT PARTS 74021 04/09/2019 Murcal, Inc.1,938.92 STATIONARY ENGINE MAINTENANCE - ENGINE THROTTLE CONTROLLER7398404/09/2019 NICHOLAS POMEROY 12.58 CUSTOMER REFUND 74022 04/09/2019 Nickey Kard Lock Inc 4,526.13 FUEL - 03/01/19 - 03/15/19 74023 04/09/2019 Nickey Petroleum Co Inc 3,855.02 FLEET MAINTENANCE - OIL 74028 04/09/2019 P.T.I. Sand & Gravel, Inc.1,610.35 ROAD MATERIAL 73983 04/09/2019 PACIFIC HYDROTECH CORP 1,000.00 CUSTOMER REFUND 74024 04/09/2019 Pacific Hydrotech Corporation 14,891.49 J10-11B - FAIRMONT PUMP STATION UPGRADE - PROGRESS PAYMENT #277402504/09/2019 Pacific Western Bank 783.76 J10-11B - FAIRMONT PUMP STATION UPGRADE - RETENTION #27 73977 04/09/2019 PAMELA KNAPP 74.48 CUSTOMER REFUND 74027 04/09/2019 PSI Water Technologies, Inc.1,943.95 RMA CELL REFURBISH BOM 73989 04/09/2019 RDFN VENTURES INC 336.82 CUSTOMER REFUND 73990 04/09/2019 RELIEF HOUSING SOLUTIONS LLC 95.64 CUSTOMER REFUND 73978 04/09/2019 REX ELDER 52.98 CUSTOMER REFUND 74029 04/09/2019 RKI Engineering, LLC 2,200.00 SCADA/PLC CONTROL SUPPORT 74030 04/09/2019 Robotic Sewer Solutions Inc 25,000.00 (25) SEWER LINE REPAIRS AT (17) LOCATIONS 73974 04/09/2019 RONALD RUSCHMANN 40.30 CUSTOMER REFUND 74031 04/09/2019 Ronald Ubrun Farms 4,050.00 WEED ABATEMET - (6) LOCATIONS 74032 04/09/2019 Rosanne Weston 39.78 TRVEL EXPENSE - REMTEC REMEDIATION TECHNOLOGY SUMMIT 73985 04/09/2019 SARAH SALVATICO 113.11 CUSTOMER REFUND W031919 03/19/2019 So. California Edison 47,407.27 ELECTRICITY CHARGES - MULTIPLE LOCATIONS - FEBRUARY 2019 W031919A 03/19/2019 So. California Gas Co.14,957.01 GAS CHARGES - MULTIPLE LOCATIONS - FEBRUARY 2019 74033 04/09/2019 Stater Bros. Markets 59.54 MEETING SUPPLIES 74034 04/09/2019 Step Saver Inc 977.51 COARSE SALT 74035 04/09/2019 Sulzer Electro-Mechanical Services (US) 18,431.14 REPAIR OF MOTOR - WELL #20 73993 04/09/2019 SUN COUNTRY BUILDERS 46.79 CUSTOMER REFUND 74036 04/09/2019 Sunrise Medical Group 130.00 EE POST PHYSICAL 74037 04/09/2019 Switch Ltd 552.00 DATA HOSTING - COLOCATION Yorba Linda Water District Check Register For Checks Dated: 03/27/2019 thru 04/09/2019 73986 04/09/2019 TAMI OWINGS 28.78 CUSTOMER REFUND 74038 04/09/2019 United Industries 712.37 CLEANING SUPPLIES & PPE EQUIPMENT 74039 04/09/2019 United Water Works, Inc.2,419.85 2" DEEP WELL AIR RELEASE VALVE W032519 03/25/2019 US Bank N.A.137,480.10 2012A REVENUE BOND INTEREST PAYMENT W032819 03/28/2019 US Bank N.A.649,937.60 2017A REVENUE BOND INTEREST PAYMENT 74040 04/09/2019 Westside Building Material 403.41 (60) PADLOCKS 74026 04/09/2019 WinCan LLC 1,891.00 SUPPORT - ADVANCE & OFFICE ENTERPRISE INFINITY SUPPORT 74041 04/09/2019 YO Fire 627.32 AC PARTS & MATERIALS 1,101,176.60 3/21/2019 PAYROLL #06 - EMPLOYEE DIRECT DEPOSIT 182,663.55 3/21/2019 PAYROLL #06 - PAYROLL TAX PAYMENT 48,121.52 3/21/2019 PAYROLL #06 - CALPERS EFT 38,910.06 3/21/2019 PAYROLL #06 - TASC 2,572.88 7162 3/21/2019 CALIFORNIA STATE DISBURSEMENT UNIT 339.69 7163 3/21/2019 COLONIAL LIFE 107.1 7164 3/21/2019 LINCOLN FINANCIAL GROUP 4581.77 7165 3/21/2019 NATIONWIDE RETIREMENT SOLUTIONS 14716.11 7166 3/21/2019 CALIFORNIA STATE DISBURSEMENT UNIT 366.92 7167 3/21/2019 CALIFORNIA STATE DISBURSEMENT UNIT 384.92 7168 3/21/2019 AMERICAN HERITAGE LIFE 1476.13 7169 3/21/2019 MIDLAND LIFE INSURANCE 200 7170 3/21/2019 RELIANCE DI 66.61 7171 3/21/2019 AMERITAS 1854.68 296,361.94 Payroll Checks #06 Vendor Name Amount Description Cal Society-Municipal Finance Officers 110.00 Annual membership renewal fee Best Value Tire & Wheel 3.00 Vehicle Maintenance - Unit #211 Steven Enterprises 544.14 Toner & standard bond paper LPR-Laser Printer Repair Co 389.99 Maintenance - Color scanner HP42 Avenue of the Arts Wyndham Hotel 221.92 Travel expense - JPIA Leadership program - Lugo Mobile Industrial Supply 29.09 CO2 for CL2 system Light Bulbs Etc 412.73 Light bulbs for replacements Home Depot 28.77 Paint supplies - Facility Home Depot 107.71 6' Ladder for production Municipal Water District 90.00 Travel expense - MWDOC water policy -Dir. Jones Verizon Wireless 4,177.34 Verizon Wireless service - 12/21-01/20 Lamp Post Pizza 94.43 Food for A/V training 91 Express Lanes 30.00 Fast track deposit - standby calls Amazon.com 19.06 Computer mouse - Hulbert America's Instant Signs 426.69 Door signs and flag stickers for vehicles Home Depot 75.73 Hardware supplies - Fairmont Fry's Electronics 20.44 Meter office - miscellaneous Commercial Vehicle Safety Alliance 106.79 (4) North America - Out of Service criteria books Orange County Water Assn.-Dues 30.00 OCWA luncheon registration - Dir. Miller Yorba Linda Chamber 1,000.00 First Responder Breakfast Sponsorship Orvac Electronics 434.20 SCADA tools Fry's Electronics 26.93 TV wall mount Home Depot 76.53 Electrical supplies Calif Water Environ Assn (CWEA)188.00 CWEA membership renewal - Cuellar Nexus Office Environments 1,105.90 (1) Office chair Municipal Water District 90.00 Registration MWDOC water policy - Dir. Miller ARMA International 35.00 Overview of RIM/IG profession trends Home Depot 17.76 Hardware supplies Praxair Distribution 172.06 (2) bottles of acetylene Amazon.com 191.29 Plantronic Headset CS510 Pumps N Parts, LLC 217.95 (1) case of Red-B-Gone Graziano's Italian Restaurant 48.18 Lunch for new hire - (5) attendees Microsoft Corporation 499.00 Online commercial tech support SECURE128 296.00 GeoTrust QuickSSL - multi domain - 1 year Minuteman Press 147.62 Business cards -Dir. Jones & Alexander Lamp Post Pizza 44.88 Lunch - Mechanic II interviews ARMA International 35.00 ARMA LA Chapter meeting - Millen GoDaddy 399.98 Security certificates CalCard US Bank (188.26) Refund - Travel expense - UWI Conference - Dir. Nederhood AWWA - CA-NV Section 850.00 Travel expense - AWWA Conference - DeCriscio Home Depot 30.03 Tools - hydrant crew Dick's Lock & Safe Inc.95.00 Repair & adjust door - Well#15 AWWA - CA-NV Section 850.00 Travel expense - AWWA Conf registration - Marcantonio Orange County Water Assn.-Dues 45.00 OCWA Luncheon registration - Dir. Jones Graziano's Italian Restaurant 23.65 Lunch meeting - IT department - (2) attendees Amazon.com 243.34 Paper shredder Flappy Jacks 99.02 Breakfast - YLWD, MESA, EOCWD, & SCWD 9-Apr-19 Cal Card Credit Card U S Bank Grainger 103.94 Water pressure reducing valve - Boiler Grainger 311.48 (6) pressure reducing gauges Home Depot 9.08 Hardware supplies - facilities Graziano's Italian Restaurant 46.89 Lunch for new hire (5) attendees UBER 29.25 Travel expense - REMTEC Conference - Weston UBER 10.36 Travel expense - REMTEC Conference - Weston Home Depot 600.15 Tools & equipment - production Community Lock & Safe Service, Inc.23.71 Copies of keys Parts Source Anaheim 107.70 Vehicle maintenance - Unit #171 North American Recycling and Crushing, LLC 660.00 Road material disposal Monoprice Inc 96.88 IT supplies - cabling Nikki's Kitchen 44.07 Lunch meeting - (3) attendees John Wayne Airport 40.00 Travel expense - REMTEC Conference - Weston Embassy Suites Hotels 426.10 Travel expense - REMTEC Conference - Weston Sunstate Equipment Co 34.48 Propane tank refill Suburban Propane 43.32 Repair - propane cylinder Home Depot 60.29 PVC parts for leak repair Home Depot 83.96 Tools - pinch bar and blades ACWA/JPIA 380.00 JPIA training -Talbert & Baker CDW Government, Inc 53.59 Electronic hook switch cable Amazon.com 43.94 Emergency kits - vehicles & office Caesars Las Vegas 155.65 J2019-14 - Travel expense - Switch facility visit - Barbre Caesars Las Vegas 155.65 J2019-14 - Travel expense - Switch facility visit - Marcantonio ONLINE Information Services, Inc.736.78 Online collection services Placentia Disposal #676 642.58 (2) Front loads - Disposal service Southwest Airlines 267.98 J2019-14 - Travel expense - Switch facility visit - Marcantonio Southwest Airlines 695.46 J2019-14 - Travel expense - Switch facility visit - Klimback Southwest Airlines 161.98 Travel expense - AWWA Conference - DeCriscio Orvac Electronics 100.07 SCADA supplies & materials Farmer Boys 24.44 Lunch meeting - (2) attendees Southwest Airlines 333.96 Travel expense - AWWA Conference - Marcantonio Copley's On Palm Canyon 35.50 Travel expense - UWI Conference - Dir. Jones Hilton Hotels 224.26 Travel expense - UWI Conference - Dir. Jones IN-N-OUT RESTAURANTS 18.53 Lunch meeting - (2) attendees Jersey Mike's 38.31 Lunch meeting - (3) attendees Dick's Lock & Safe Inc.92.50 Repair to board room door Best Value Tire & Wheel 58.89 Vehicle maintenance - Unit #174 Orange County Water Assn.-Dues 30.00 OCWA Luncheon registration - Marcantonio Southwest Airlines 333.96 Travel expense - UWI Conference - Dir. Jones Southwest Airlines 267.98 J2019-14 - Travel expense - Switch facility visit - Klimback National Car Rental 307.51 J2019-14 - Travel expense - Switch facility visit - Barbre Farmer Boys 16.22 J2019-14 - Travel expense - Switch facility visit - Marcantonio & Klimback Tommy's 13.25 J2019-14 - Travel expense - Switch facility visit - Marcantonio & Klimback Caesars Las Vegas 44.22 J2019-14 - Travel expense - Switch facility visit - Marcantonio AWWA - CA-NV Section 3,110.00 Travel expense - AWWA Spring Conference - 7 attendees Factory Motor Parts 124.87 Vehicle maintenance - Unit #174 & #205 Factory Motor Parts 35.22 Vehicle maintenance - Unit #179 Factory Motor Parts 41.01 Vehicle maintenance - Unit #157 AWWA - CA-NV Section 850.00 Travel expense - AWWA Conference registration - Dir. Jones Caesars Las Vegas 124.44 J2019-14 - Travel expense - Switch facility visit - Barbre Delta Airlines 507.10 J2019-14 - Travel expense - Switch facility visit - Klimback Orange County Water Assn.-Dues 30.00 Lunch meeting - GWRS Final expansion project update Culligan of Santa Ana 2,162.85 Equipment PE softener Lowe's Home Improving 22.74 Plumbing parts - facilities Plumbing And Industrial Supply 272.86 Plumbing parts - facilities Mc Master-Carr Supply Co.153.57 Parts for production Kohler 537.67 Waterless urinal sealing liqud Amazon.com 116.73 Archival labels - Office supplies & professional development book Amazon.com 36.62 Headphones - Customer Service at desk training ISDOC (Independent Special Dist OC)34.00 ISDOC Luncheon - Dir. Jones & Marcantonio Dropbox Inc.99.00 Dropbox storage Home Depot 67.62 Materials - Fairmont BPS Harrington Industrial 74.39 Plumbing parts - facilities Orange County Water Assn.-Dues 45.00 OCWA luncheon registration - Dir. Miller NPELRA 95.00 Certified Labor Relations Professional Certification - 3 years Chili's 80.00 Lunch for new hire (4) attendees Neat Co.249.99 Software - expense management United Limousine & Charter Inc.50.00 Open house shuttle reservation Disneyland Resort Parking 20.00 Travel expense - PARMA Conference - Knight Orange Tree Deli 22.88 Travel expense - PARMA Conference - Knight Government Finance Officers 150.00 Travel expense - PARMA Conference - Knight 31,070.32 ITEM NO. 7.3 AGENDA REPORT Meeting Date: April 9, 2019 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Harold Hulbert, Operations Assistant Subject:Establishing Certain Emergency Procedures and Organization for Responding to a Threatened or Actual Disaster STAFF RECOMMENDATION: That the Board of Directors adopt Ordinance No. 2019-XX establishing certain emergency procedures and organization for responding to a threatened or actual disaster and rescinding Ordinance No. 90-02. DISCUSSION: In order to comply with the California Emergency Services Act the Board previously adopted Ordinance No. 90-02 establishing emergency procedures and organization for responding to a threatened or actual disaster. Since that time the District has made several amendments to its Emergency Response Plan and modified some job titles. The attached Ordinance reflects these changes. ATTACHMENTS: Name:Description:Type: Ordinance_No._2019-XX_-_Local_Emergency.docx Ordinance Ordinance Ordinance No. 2019-XX Establishing Certain Emergency Procedures and Organization 1 ORDINANCE NO. 2019-XX ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ESTABLISHING CERTAIN EMERGENCY PROCEDURES AND ORGANIZATION FOR RESPONDING TO A THREATENED OR ACTUAL DISASTER WHEREAS, the Yorba Linda Water District (District) is organized and operates under authority of the County Water District Act; and WHEREAS, a threatened or actual disaster may occur in the course of the District’s operations; and WHEREAS, the California Emergency Services Act provides the basic authorities for the District to respond to emergencies; and WHEREAS, other certain District procedures and organization are required to respond to emergencies. NOW, THEREFORE, the Board of Directors of the Yorba Linda Water District does hereby find, determine, order and ordain as follows: SECTION 1. The matters set forth in the recitals to this Ordinance are true and correct. SECTION 2. Emergency Response Plan. The Yorba Linda Water District Board of Directors shall direct the preparation and act to approve an Emergency Response Plan for the purpose of developing and maintaining the preparedness needed to conduct emergency operations to cope with a threatened or actual disaster. SECTION 3. Emergency Authority and Line of Succession. The Board of Directors is responsible for the overall legislative and policy direction of the District’s emergency response to a threatened or actual disaster. The General Manager is responsible for the overall administrative direction of the District’s emergency response to a threatened or actual disaster. Should the General Manager be unavailable or unable to serve, individuals who hold the following positions will automatically serve in the General Manager’s place until the Board of Directors appoints a successor. Assistant General Manager 1st Alternate Operations Manager 2nd Alternate Engineering Manager 3rd Alternate Ordinance No. 2019-XX Establishing Certain Emergency Procedures and Organization 2 SECTION 4. Proclamation of Local Emergency. In the event of a threatened or actual disaster, the General Manager, shall request the Board of Directors to proclaim a state of local emergency. If the Board is not in session, the General Manager may proclaim a state of local emergency subject to ratification by the Board within seven (7) days. The proclamation terminating the local emergency shall be made by the Board of Directors, or by the General Manager subject to ratification by the Board within seven (7) days. SECTION 5. A summary of this Ordinance shall be published in a newspaper of general circulation as provided by law and become effective thirty (30) days following adoption. PASSED AND ADOPTED this 9th day of April 2019 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Brooke Jones, 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 ITEM NO. 7.4 AGENDA REPORT Meeting Date: April 9, 2019 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Delia Lugo, Finance Manager Subject:Adopting State Department of Transportation (Caltrans) Prevailing Equipment Rental Rates STAFF RECOMMENDATION: That the Board of Directors approve Resolution No. 2019-XX adopting the State Department of Transportation (Caltrans) Prevailing Equipment Rental Rates as the District's official equipment rental rate schedule for reimbursement of operational expenses incurred during the course of responding to and performing regular and emergency repairs. DISCUSSION: The District utilizes its own equipment and incurs operational expenses when responding to and performing regular and emergency repairs. From time to time, the District must request reimbursement for such operational expenses. In an effort to be more consistent with industry standard and other local agencies, it is proposed that the District's equipment fees be based on the Caltrans “Labor Surcharge and Equipment Rental Rates” publication (http://www.dot.ca.gov/hq/construc/equipmnt.html). The equipment rental rates in this publication are updated annually in April and reflect the average cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance, depreciation, storage, cost of facilities capital, overhaul, and all incidentals. All rates are hourly, unless indicated otherwise. These equipment fees are intended to recover, not exceed, the District's costs of responding to and performing regular or emergency property damage repairs. ATTACHMENTS: Name:Description:Type: Resolution_No._2019-XX_- _Caltrans_Rental_Rates.docx Resolution Resolution Resolution No. 2019-XX Adopting Caltrans Prevailing Equipment Rental Rates 1 RESOLUTION NO. 2019-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) PREVAILING EQUIPMENT RENTAL RATES AS THE DISTRICT’S OFFICIAL EQUIPMENT RENTAL RATE SCHEDULE FOR REIMBURSEMENT OF OPERATIONAL EXPENSES INCURRED DURING THE COURSE OF RESPONDING TO AND PERFORMING REGULAR AND EMERGENCY REPAIRS WHEREAS, the Yorba Linda Water District utilizes its own equipment and incurs operational expenses when responding to and performing regular and emergency repairs; and WHEREAS, the District must request reimbursement for such operational expenses from time to time; and WHEREAS, the State of California Department of Transportation (Caltrans) equipment rental rates are more representative of costs in the District’s service area; and WHEREAS, it is fiscally prudent and consistent with industry standard to adopt the prevailing Caltrans Equipment Rental Rates as the District’s official equipment rental rate schedule for the reimbursement of operational expenses incurred when responding to and performing regular and emergency repairs. NOW THEREFORE BE IT RESOLVED that the Board of Directors of the Yorba Linda Water District formally adopts the prevailing Caltrans equipment rental rates as the District’s official equipment rental rate schedule effective April 9, 2019 for the purposes of reimbursement of operational expenses incurred during the course of responding to and performing regular and emergency repairs. Resolution No. 2019-XX Adopting Caltrans Prevailing Equipment Rental Rates 2 PASSED AND ADOPTED this 9th day of April 2019 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Brooke Jones, 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 ITEM NO. 7.5 AGENDA REPORT Meeting Date: April 9, 2019 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Andrew B. Gagen, General Counsel Subject:Disclosure of Critical Infrastructure Information SUMMARY: The Resolution is designed to protect information related to, including the location and design of, the District’s critical infrastructure. The United States Department of Homeland Security and the Environmental Protection Agency declared: “Drinking water and wastewater treatment are essential to modern life and the Nation’s economy. Therefore, it is critical that we enhance the security and resilience of the Nation’s drinking water and wastewater infrastructures.” While it seems intuitive that critical infrastructure information (“CI Information”) should not be disclosed under any circumstance, the Public Records Act (“PRA”) was enacted to promote maximum disclosure of governmental operations. The PRA provides exemptions to such maximum disclosure but neither the exemption applicable to CI Information nor the “catchall” exemption (i.e. balancing test) provides adequate protection against disclosure of CI Information. The District goes to great lengths to guard against cyber-attacks and hacking of CI Information so it’s ironic and unfortunate that CI Information might walk out the front door in response to a PRA request. This Resolution will counteract that and put some balance into the “balancing test” that is supposed to (when appropriate) offset the PRA presumption in favor of public access to public records. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 2019-XX regarding the disclosure of critical infrastructure information. DISCUSSION: The PRA provides an exemption to disclosure in which a “document prepared by or for a state or local agency that assesses its vulnerability to terrorist attack or other criminal acts intended to disrupt the public agency’s operations and that is for distribution or consideration in a closed session.” For the exemption to apply and shield the CI Information from disclosure, the documents must be prepared to assesses the District’s vulnerability to terrorist attack or other criminal acts and be prepared for distribution or consideration in a closed session. However, numerous District documents that contain CI Information, such as atlas sheets (i.e. blueprints of the District’s underground facilities), do not meet these two requirements so this exemption does not shield the CI Information from disclosure. Notably, the District includes a cover letter to PRA requestors who receive atlas sheets. Attached is a copy of the letter. In addition to this limited PRA exemption, the PRA provides a “public interest” exemption in which the District may not disclose documents if it can demonstrate that the public interest served by nondisclosure clearly outweighs the public interest served by disclosure. This is a catchall exemption that requires a balancing test that is fairly subjective. To reduce this subjectivity, the Resolution identifies the District’s critical infrastructure and establishes information related thereto as critical to the health and safety of persons within the District’s service area and surrounding areas. The Board Resolution will support a staff decision to withhold documents from a PRA request if staff deems the requested documents to contain CI Information. ATTACHMENTS: Name:Description:Type: Cover_Letter.docx Backup Material Backup Material Resolution_No._2019-XX_- _Critical_Info_Disclosure.docx Resolution Resolution SAMPLE COVER LETTER The attached atlas sheets are provided in response to your request and in fulfillment of the requirements of the California Public Records Act. These atlas sheets contain sensitive information about, including the location of, the District’s critical infrastructure. Due to the sensitive infrastructural information contained therein, the District requests that you not share this information beyond those persons you deem necessary to receive it and consider destroying the atlas sheets once these records are no longer necessary to you. Thank you for your courtesy and cooperation in regard to this request. Resolution No. 2019-XX Regarding Disclosure of Critical Infrastructure Information 1 RESOLUTION NO. 2019-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT REGARDING DISCLOSURE OF CRITICAL INFRASTRUCTURE INFORMATION WHEREAS, the United States Congress has declared: “A continuous national effort is required to ensure the reliable provision of cyber and physical infrastructure services critical to maintaining the national defense, continuity of government, economic prosperity, and quality of life in the United States” (Critical Infrastructure Protection Act of 2001, 42 U.S.C. § 5195(c)); and WHEREAS, the United States Department of Homeland Security and the Environmental Protection Agency have declared: “Drinking water and wastewater treatment are essential to modern life and the Nation’s economy. Therefore, it is critical that we enhance the security and resilience of the Nation’s drinking water and wastewater infrastructures” (2015 Water and Wastewater Systems Sector-Specific Plan); and WHEREAS, the District’s water facilities are critical infrastructure that provide a safe and reliable supply of drinking water to persons within the District’s service area and surrounding areas; and WHEREAS, the District’s wastewater facilities are critical infrastructure that protect the health and safety of persons within the District’s service area and surrounding areas; and WHEREAS, any physical, chemical or cyber-attack on the District’s critical infrastructure could substantially harm the health and safety of persons within the District’s service area and surrounding areas; and WHEREAS, the California Public Records Request Act (Government Code § 6250 et seq.) (“PRA”) requires the District to disclose documents in response to a document request unless an exemption applies to the requested documents; and WHEREAS, the California Legislature exempted from disclosure, under the PRA, documents that assess a public agency’s vulnerability to terrorist attack or other criminal acts intended to disrupt the public agency’s operations, which are for distribution in closed session (Government Code § 6254(aa)); and WHEREAS, the PRA also provides a “public interest” exemption in which the District may not disclose documents if it can demonstrate that the public interest served by nondisclosure clearly outweighs the public interest served by disclosure (Government Code § 6255). Resolution No. 2019-XX Regarding Disclosure of Critical Infrastructure Information 2 NOW, THEREFORE, the Board of Directors of the Yorba Linda Water District does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. Findings. A. Public interest requires protection of the physical and cyber security of District water and wastewater operating systems. B. Disclosure of documents regarding critical infrastructures could pose serious threats both to the District’s safe and reliable supply of drinking water and the public health and safety of the persons and property within the District’s service area and surrounding areas. SECTION 2. Critical Infrastructure Information Defined. A. Critical Infrastructure is defined by the Critical Infrastructure Protection Act of 2001 (42 U.S.C. § 5195c(e)) and includes any District pipeline, reservoir, interconnection, pumping or lift station, chemical storage tank, physical computer-based operating, security, or monitoring system such as the Supervisory Control and Data Acquisition system, and information technology such as geographic information system. B. Critical Infrastructure Information is defined by the PRA (Government Code § 6254(ab)) and includes any document, including electronic documents, that disclose the location, as-built plans, operating processes, or other information regarding Critical Infrastructure. SECTION 3. Critical Infrastructure Information Disclosure Required by Law. A. The District shall disclose Critical Infrastructure Information in response to a document request only when disclosure is required by law. Where appropriate, Critical Infrastructure Information may be redacted from an otherwise disclosable document to comply with this Section. B. Disclosure is required by law only if, and when, one or more of the following applies: i. The District receives a valid order issued by a court, administrative agency, or law enforcement agency with jurisdiction over the District, commanding disclosure of specifically identified Critical Infrastructure Information. Resolution No. 2019-XX Regarding Disclosure of Critical Infrastructure Information 3 ii. The District receives a valid subpoena in connection with a pending court proceeding as confirmed by District legal counsel. iii. District legal counsel provides written advice that disclosure of a particular document, which includes Critical Infrastructure Information, is required by Constitution, statute, regulation or common law. iv. The General Manager or its designee demonstrates, after receiving written advice of legal counsel if so requested, that the public interest served by disclosure clearly outweighs the public interest in nondisclosure of the Critical Infrastructure Information. SECTION 4. Implementation. The General Manager may issue staff policies, directives and guidelines, and may conduct staff training, as necessary and appropriate to fully effectuate the terms and intent of this Resolution. PASSED AND ADOPTED this 9th day of April 2019 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Brooke Jones, 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 ITEM NO. 7.6 AGENDA REPORT Meeting Date: April 9, 2019 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Amending the District's Conflict of Interest Code STAFF RECOMMENDATION: That the Board of Directors approve Resolution No. 2019-XX adopting a Conflict of Interest Code which supersedes all prior Conflict of Interest Codes and amendments previously adopted. DISCUSSION: In compliance with Section 81000 et. seq. of the California Government Code, the Board of Directors has adopted a Conflict of Interest Code (Code) governing the disclosure of financial interests by certain designated employees of the District. The Political Reform Act requires every local government agency to review its code on a biennial basis. Staff recently reviewed the District's code and has identified the following minor revisions: The position of Construction Project Supervisor was renamed to Construction Project Manager. The position of Director of Public Affairs was recently created. The position of Management Analyst was renamed to Senior Management Analyst. Following adoption by the Board, a copy of the Resolution and updated Code must be submitted for review and approval by the Orange County Board of Supervisors, after which it will be considered in effect. PRIOR RELEVANT BOARD ACTION(S): The District's Conflict of Interest Code was last updated on October 9, 2018 by Resolution No. 18- 31. ATTACHMENTS: Name:Description:Type: Resolution_No._2019-XX_-_YLWD_COI.docx Resolution Resolution COI_Amendment.pdf Backup Material Backup Material Resolution No. 2019-XX Adopting a Conflict of Interest Code 1 RESOLUTION NO. 2019-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED WHEREAS, the Political Reform Act of 1974, Government Code Section 81000 et. seq. (“the Act”), requires a local government agency to adopt a Conflict of Interest Code pursuant to the Act; and WHEREAS, the Yorba Linda Water District has previously adopted a Conflict of Interest Code and that Code now requires updating; and WHEREAS, amendments to the Act have in the past and foreseeably will in the future require conforming amendments to be made to the Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, Title 2, California Code of Regulations, Section 18730, which contains terms for a standard model Conflict of Interest Code, which, together with amendments thereto, may be adopted by public agencies and incorporated by reference to save public agencies time and money by minimizing the actions required of such agencies to keep their codes in conformity with the Political Reform Act. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The terms of Title 2, California Code of Regulations, Section 18730 (Attachment A) and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, together with Exhibits A and B in which members and employees are designated and Resolution No. 2019-XX Adopting a Conflict of Interest Code 2 disclosure categories are set forth, constitute the Conflict of Interest Code of the Yorba Linda Water District. Section 2. The provisions of all Conflict of Interest Codes and Amendments thereto previously adopted by the Yorba Linda Water District are hereby superseded. Section 3. The Filing Officer is hereby authorized to forward a copy of this Resolution to the Clerk of the Orange County Board of Supervisors for review and approval by the Orange County Board of Supervisors as required by California Government Code Section 87303. PASSED AND ADOPTED this 9th day of April 2019 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Brooke Jones, 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 Resolution No. 2019-XX Adopting a Conflict of Interest Code 3 ATTACHMENT A CONFLICT OF INTEREST CODE FOR THE YORBA LINDA WATER DISTRICT The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Section 18730) which contains the terms of a standard Conflict of Interest Code, which may be incorporated by reference in an agency’s code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Yorba Linda Water District. Designated employees shall file statements of economic interests with the Yorba Linda Water District’s Political Reform Act Filing Officer, Board Secretary, who will make the statements available for public inspection and reproduction (Government Code Section 82008). Upon receipt of the statements of Members of the Board of Directors, General Manager, Assistant General Manager, Finance Manager, General Counsel, Labor Counsel, Construction Project Manager, Customer Service Billing Administrator, Director of Public Affairs, Engineering Manager, Human Resources/Risk and Safety Manager, Information Systems Administrator, Information Technology Manager, Maintenance Superintendent, Operations Assistant, Operations Manager, Operations Superintendent, Principal Engineer, Production Superintendent, Senior Accountant, Senior Engineer, Senior Mechanic, Senior Project Manager, and Senior Management Analyst, the Yorba Linda Water District’s Filing Officer shall make and retain a copy and forward the original of these statements to the Clerk of the Orange County Board of Supervisors as the Filing Officer for these designated positions. Statements for all other designated positions will be retained by the Yorba Linda Water District’s Filing Officer. Conflict of Interest Code EXHIBIT A (Final Draft) Entity:Water Districts Yorba Linda Water DistrictAgency: Position Disclosure Category Files With Status Construction Project Manager OC-05 COB Renamed Reason: Position of Construction Project Supervisor was renamed to Construction Project Manager. Consultant OC-30 Agency Unchanged Customer Service Billing Administrator OC-05 COB Unchanged Director of Public Affairs OC-41 COB Added Reason: Position was recently created. Engineering Manager OC-41 COB Unchanged General Counsel OC-01 COB Unchanged Human Resources/Risk and Safety Manager OC-41 COB Unchanged Information Systems Administrator OC-05 COB Unchanged Information Technology Manager OC-41 COB Unchanged Labor Counsel OC-01 COB Unchanged Maintenance Superintendent OC-05 COB Unchanged Operations Assistant OC-05 COB Unchanged Operations Manager OC-41 COB Unchanged Operations Superintendent OC-05 COB Unchanged Principal Engineer OC-05 COB Unchanged Production Superintendent OC-05 COB Unchanged Senior Accountant OC-05 COB Unchanged Senior Engineer OC-05 COB Unchanged Senior Management Analyst OC-05 COB Renamed Reason: Position of Management Analyst was renamed to Senior Management Analyst. Senior Mechanic OC-05 COB Renamed Reason:Position of Senior Fleet Mechanic was renamed to Senior Mechanic. Senior Project Manager OC-05 COB Unchanged Total: 21 OFFICIALS WHO ARE SPECIFIED IN GOVERNMENT CODE SECTION 87200 Officials who are specified in Government Code section 87200 (including officials who manage public investments, as defined by 2 Cal. Code of Regs. § 18700.3 (b)), are NOT subject to the Agency’s Conflict of Interest Code, but are subject to the disclosure requirements of the Political Reform Act, Government Code section 87100, et seq. Gov’t Code § 87203. These positions are listed here for informational purposes only. The positions listed below are officials who are specified in Government Code section 87200: April 01 2019 10:48:40 AM Page 1 of 2 Conflict of Interest Code EXHIBIT A (Final Draft) Entity:Water Districts Yorba Linda Water DistrictAgency: Assistant General Manager Files with COB Unchanged Finance Manager Files with COB Unchanged General Manager Files with COB Unchanged Member of the Board of Directors Files with COB Unchanged The disclosure requirements for these positions are set forth in Government Code section 87200, et. seq. They require the disclosure of interests in real property in the agency’s jurisdiction, as well as investments, business positions and sources of income (including gifts, loans and travel payments). April 01 2019 10:48:40 AM Page 2 of 2 Disclosure Descriptions EXHIBIT B (Final Draft) Disclosure Category Disclosure Description Status Water Districts Yorba Linda Water District Entity: Agency: 87200 Filer Form 87200 filers shall complete all schedules for Form 700 and disclose all reportable sources of income, interests in real property, investments and business positions in business entities, if applicable, pursuant to Government Code Section 87200 et seq.. Unchanged OC-01 All interests in real property in Orange County, the authority or the District as applicable, as well as investments, business positions and sources of income (including gifts, loans and travel payments).Unchanged OC-05 All investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide services, supplies, materials, machinery, equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. Unchanged OC-30 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The County Department Head/Director/General Manager/Superintendent/etc. may determine that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure required. The determination of disclosure is a public record and shall be filed with the Form 700 and retained by the Filing Officer for public inspection. Unchanged OC-41 All interests in real property in Orange County, the District or Authority, as applicable, as well as investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide services, supplies, materials, machinery, vehicles, or equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. Unchanged Grand Total: 5 April 01 2019 10:48:41 AM Page 1 of 1 Conflict of Interest Code EXHIBIT A (Final Draft) Entity:Water Districts Yorba Linda Water DistrictAgency: Position Disclosure Category Files With Construction Project Manager OC-05 COB Consultant OC-30 Agency Customer Service Billing Administrator OC-05 COB Director of Public Affairs OC-41 COB Engineering Manager OC-41 COB General Counsel OC-01 COB Human Resources/Risk and Safety Manager OC-41 COB Information Systems Administrator OC-05 COB Information Technology Manager OC-41 COB Labor Counsel OC-01 COB Maintenance Superintendent OC-05 COB Operations Assistant OC-05 COB Operations Manager OC-41 COB Operations Superintendent OC-05 COB Principal Engineer OC-05 COB Production Superintendent OC-05 COB Senior Accountant OC-05 COB Senior Engineer OC-05 COB Senior Management Analyst OC-05 COB Senior Mechanic OC-05 COB Senior Project Manager OC-05 COB Total: 21 OFFICIALS WHO ARE SPECIFIED IN GOVERNMENT CODE SECTION 87200 Officials who are specified in Government Code section 87200 (including officials who manage public investments, as defined by 2 Cal. Code of Regs. § 18700.3 (b)), are NOT subject to the Agency’s Conflict of Interest Code, but are subject to the disclosure requirements of the Political Reform Act, Government Code section 87100, et seq. Gov’t Code § 87203. These positions are listed here for informational purposes only. The positions listed below are officials who are specified in Government Code section 87200: Assistant General Manager Files with COB Finance Manager Files with COB April 01 2019 10:48:41 AM Page 1 of 2 Conflict of Interest Code EXHIBIT A (Final Draft) Entity:Water Districts Yorba Linda Water DistrictAgency: General Manager Files with COB Member of the Board of Directors Files with COB The disclosure requirements for these positions are set forth in Government Code section 87200, et. seq. They require the disclosure of interests in real property in the agency’s jurisdiction, as well as investments, business positions and sources of income (including gifts, loans and travel payments). April 01 2019 10:48:41 AM Page 2 of 2 Disclosure Descriptions EXHIBIT B (Final Draft) Disclosure Category Disclosure Description Water Districts Yorba Linda Water District Entity: Agency: 87200 Filer Form 87200 filers shall complete all schedules for Form 700 and disclose all reportable sources of income, interests in real property, investments and business positions in business entities, if applicable, pursuant to Government Code Section 87200 et seq.. OC-01 All interests in real property in Orange County, the authority or the District as applicable, as well as investments, business positions and sources of income (including gifts, loans and travel payments). OC-05 All investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide services, supplies, materials, machinery, equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. OC-30 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The County Department Head/Director/General Manager/Superintendent/etc. may determine that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure required. The determination of disclosure is a public record and shall be filed with the Form 700 and retained by the Filing Officer for public inspection. OC-41 All interests in real property in Orange County, the District or Authority, as applicable, as well as investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide services, supplies, materials, machinery, vehicles, or equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. Grand Total: 5 April 01 2019 10:48:41 AM Page 1 of 1 ITEM NO. 7.7 AGENDA REPORT Meeting Date: April 9, 2019 Subject:Opposition of Assembly Bill 1486 (Ting) Unless Amended STAFF RECOMMENDATION: That the Board of Directors adopt an oppose position on Assembly Bill 1486 (Ting) unless amended. ATTACHMENTS: Name:Description:Type: 2019-04-09_-_Opposing_AB1486_Unless_Amended.pdf Backup Material Backup Material Bill_Text_-_AB-1486.pdf Backup Material Backup Material April 9, 2019 The Honorable Phil Ting California State Assembly State Capitol Sacramento, CA 95814 RE: Assembly Bill 1486 (Ting) – Oppose Unless Amended [As Introduced February 2, 2019] Dear Assembly Member Ting: The Yorba Linda Water District is respectfully opposed to Assembly Bill 1486 unless it is amended to address our concerns. AB 1486 requires public agencies to offer their land for development before leasing their property. AB 1486 requires special districts and other local agencies to offer the right of first refusal to affordable housing developers, schools, and parks before selling, leasing, or otherwise conveying their land. The new requirements in the bill are problematic for many public agencies that have valid reasons to lease or otherwise protect land they own, such as buffer land surrounding a wastewater plant, or the long-term lease of cemetery district property that will be needed for future internments. Under AB 1486, attempting to lease land in support of an agency’s governmental function would trigger the requirements for the disposal of surplus land. As written, AB 1486 would require agencies to offer up property which may be incompatible for use for housing, schools, or parks. AB 1486 would also make it more difficult to protect an agency’s land for a future governmental use. We respectfully request AB 1486 be amended to limit the scope of the bill to the sale of surplus land and not include property for lease. Our opposition is not a challenge to the need for affordable housing, but a validation of the need for local flexibility when it comes to proper governmental land use management. For these reasons, Yorba Linda Water District respectfully opposes AB 1486 unless it is amended. Sincerely, Marc Marcantonio General Manager cc: Tara Gamboa-Eastman, Office of Assembly Member Phil Ting [Tara.Gamboa-Eastman@asm.ca.gov] Honorable Phillip Chen, State Assembly District 55 [assemblymember.chen@assembly.ca.gov] Honorable Ling Ling Chang, State Senate District 29 [senator.chang@senate.ca.gov] Rylan Gervase, Legislative Representative, California Special Districts Association [rylang@csda.net] 3/28/2019 Bill Text - AB-1486 Local agencies: surplus land. leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1486 1/7 SHARE THIS:Date Published: 02/22/2019 09:00 PM AB-1486 Local agencies: surplus land.(2019-2020) CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION ASSEMBLY BILL No. 1486 Introduced by Assembly Member Ting February 22, 2019 An act to amend Sections 54220, 54221, 54222, 54223, 54225, 54226, 54227, 54230.5, and 54233 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 1486, as introduced, Ting. Local agencies: surplus land. (1) Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines “local agency” for these purposes as every city, county, city and county, and district, including school districts of any kind or class, empowered to acquire and hold real property. Existing law defines “surplus land” for these purposes as land owned by any local agency that is determined to be no longer necessary for the agency’s use, except property being held by the agency for the purpose of exchange. This bill would expand the definition of “local agency” to include sewer, water, utility, and local and regional park districts, joint powers authorities, successor agencies to former redevelopment agencies, housing authorities, and other political subdivisions of this state and any instrumentality thereof that is empowered to acquire and hold real property, thereby requiring these entities to comply with these requirements for the disposal of surplus land. The bill would revise the definition of “surplus land” to mean land owned by any local agency that is not necessary for the agency’s governmental operations, except property being held by the agency expressly for the purpose of exchange for another property necessary for its governmental operations and would provide that land is presumed to be surplus land when a local agency initiates an action to dispose of it. The bill would also define the term “dispose of” for these purposes as the sale, lease, transfer, or other conveyance of any interest in real property owned by a local agency. The bill would recast various provisions referring to the sale or lease of surplus land to instead refer to the disposal of surplus land. The bill would also delete certain obsolete references and make related conforming changes. (2) Existing law requires a local agency disposing of surplus land to send, prior to disposing of that property, a written offer to sell or lease the property to specified entities. Existing law requires that a local agency, upon a written request, send a written offer to sell or lease surplus land to a housing sponsor, as defined, for the Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 3/28/2019 Bill Text - AB-1486 Local agencies: surplus land. leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1486 2/7 purpose of developing low- and moderate-income housing. Existing law also requires the local agency to send a written offer to sell or lease surplus land for the purpose of developing property located within an infill opportunity zone, designated as provided, to, among others, a community redevelopment agency. This bill would instead require the local agency disposing of surplus land to send, prior to disposing of that property or participating in any formal or informal negotiations to dispose of that property, a written notice of availability. The bill would make various related conforming changes. With regards to a housing sponsor, the bill would require that the written notice of availability be sent if the housing sponsor has notified the applicable regional council of governments or, in the case of a local agency without a council of governments, the Department of Housing and Community Development of its interest in the land, rather than upon written request. With regards to surplus land to be used for the purpose of developing property located within an infill opportunity zone, as described above, the bill would instead require that the written notice of availability be sent to a successor agency to a former redevelopment agency. (3) After the disposing agency has received a notice from an entity desiring to purchase or lease the land, existing law requires the disposing agency to enter into good faith negotiations to determine a mutually satisfactory sales price or lease terms. This bill would limit negotiations to sales price and lease terms, including the amount and timing of any payments. (4) If the local agency receives offers from more than one entity that agrees to meet specified requirements related to the provision of affordable housing on the surplus land, existing law requires the local agency to give priority to the entity that proposes to provide the greatest number of units that meet those requirements. Notwithstanding that requirement, existing law requires the local agency to give first priority to an entity in specified circumstances. This bill would define “priority” for these purposes as meaning that the local agency negotiates in good faith exclusively with the entity pursuant to specified requirements. In the event that more than one entity proposes the same number of units that meet the above-described affordable housing requirements, this bill would require that priority be given to the entity that proposes the deepest average level of affordability for the affordable units. (5) Under existing law, failure by a local agency to comply with these requirements for the disposal of surplus land does not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer of value. This bill, in the event of failure to comply, would provide that certain requirements, described below, relating to the use of units developed on the parcel for affordable housing purposes would apply. (6) If a local agency does not agree to price and terms with an entity to which notice and an opportunity to purchase or lease are given and disposes of the surplus land to an entity that uses the property for the development of 10 or more residential units, existing law requires the purchasing entity or a successor in interest to provide not less than 15% of the total number of units developed on the parcels at an affordable housing cost or affordable rent to lower income households. This bill would revise this requirement to apply if the local agency does not agree to price and terms with an entity to which notice of availability of land was given, or if no entity to which a notice of availability was given responds to that notice, and 10 or more residential units are developed on the property. (7) Existing law makes various findings and declarations as to the need for affordable housing and the use of surplus government land for that purpose. This bill would revise these findings. This bill would express the intent of the Legislature to enact legislation that addresses the need for affordable housing by utilizing surplus land within the state, as specified. (8) By adding to the duties of local officials with respect to the disposal of surplus land, and expanding the scope of local agencies subject to the bill’s requirements, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. 3/28/2019 Bill Text - AB-1486 Local agencies: surplus land. leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1486 3/7 This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 54220 of the Government Code is amended to read: 54220. (a) The Legislature reaffirms its declaration that housing is of vital statewide importance to the health, safety, and welfare of the residents of this state and that provision of a decent home and a suitable living environment for every Californian is a priority of the highest order. The Legislature further declares that there is a shortage of sites available for housing for persons and families of low and moderate income is a barrier to addressing urgent statewide housing needs and that surplus government land, prior to disposition, should be made available for that purpose. (b) The Legislature reaffirms its belief that there is an identifiable deficiency in the amount of land available for recreational purposes and that surplus land, prior to disposition, should be made available for park and recreation purposes or for open-space purposes. This article shall not apply to surplus residential property as defined in Section 54236. (c) The Legislature reaffirms its declaration of the importance of appropriate planning and development near transit stations, to encourage the clustering of housing and commercial development around such stations. Studies of transit ridership in California indicate that a higher percentage of persons who live or work within walking distance of major transit stations utilize the transit system more than those living elsewhere, and that lower income households are more likely to use transit when living near a major transit station than higher income households. The sale or lease of surplus land at less than fair market value to facilitate the creation of affordable housing near transit is consistent with goals and objectives to achieve optimal transportation use. The Legislature also notes that the Federal Transit Administration gives priority for funding of rail transit proposals to areas that are implementing higher-density, mixed-use, and affordable development near major transit stations. SEC. 2. Section 54221 of the Government Code is amended to read: 54221. (a)As used in this article, the term “local following definitions shall apply: (a) “Local agency” means every city, whether organized under general law or by charter, county, city and county, and district, including school school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property. (b)As used in this article, the term “surplus (b) “Surplus land” means land owned by any local agency, that is determined to be no longer not necessary for the agency’s use, governmental operations, except property being held by the agency expressly for the purpose of exchange. exchange for another property necessary for its governmental operations. Land shall be presumed to be “surplus land” when a local agency initiates an action to dispose of it. (c)As used in this article, the term “open-space (c) “Open-space purposes” means the use of land for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources. (d)As used in this article, the term “persons (d) “Persons and families of low or moderate income” means the same as provided under Section 50093 of the Health and Safety Code. (e)As used in this article, the term “exempt (e) (1) Except as provided in paragraph (2), “exempt surplus land” means either of the following: 3/28/2019 Bill Text - AB-1486 Local agencies: surplus land. leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1486 4/7 (1) (A) Surplus land that is transferred pursuant to Section 25539.4. (2) (B) Surplus land that is (A) (i) less than 5,000 square feet in area, (B) (ii) less than the minimum legal residential building lot size for the jurisdiction in which the parcel is located, or 5,000 square feet in area, whichever is less, or (C) (iii) has no record access and is less than 10,000 square feet in area; and is not contiguous to land owned by a state or local agency that is used for park, recreational, open-space, or low- and moderate-income housing purposes and is located neither within an enterprise zone pursuant to Section 7073 nor a designated program area as defined in Section 7082. purposes. If the surplus land is not sold to an owner of contiguous land, it is not considered exempt surplus land and is subject to this article. (f ) (2) Notwithstanding subdivision (e), paragraph (1), the following properties are not considered exempt surplus land and are subject to this article: (1) (A) Lands within the coastal zone. (2) (B) Lands within 1,000 yards of a historical unit of the State Parks System. (3) (C) Lands within 1,000 yards of any property that has been listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places. (4) (D) Lands within the Lake Tahoe region as defined in Section 66905.5. (f) “Dispose of” shall mean sell, lease, transfer, or otherwise convey any interest in real property owned by a local agency. SEC. 3. Section 54222 of the Government Code is amended to read: 54222. Any local agency disposing of surplus land shall send, prior to disposing of that property or participating in any formal or informal negotiations to dispose of that property, a written offer to sell or lease the property as follows: notice of availability of the property to all of the following entities: (a) A written offer to sell or lease notice of availability for the purpose of developing low- and moderate-income housing shall be sent to any local public entity, as defined in Section 50079 of the Health and Safety Code, within whose jurisdiction the surplus land is located. Housing sponsors, as defined by Section 50074 of the Health and Safety Code, shall be sent, upon written request, a written offer to sell or lease that have notified the applicable regional council of governments or, in the case of a local agency without a council of governments, the Department of Housing and Community Development, of their interest in surplus land shall be sent a written notice of availability of surplus land for the purpose of developing low- and moderate-income housing. All notices shall be sent by first-class mail and, if possible, by electronic mail, and shall include the location and a description of the property. With respect to any offer to purchase or lease pursuant to this subdivision, priority shall be given to development of the land to provide affordable housing for lower income elderly or disabled persons or households, and other lower income households. (b) A written offer to sell or lease notice of availability for park and recreational purposes or open-space purposes shall be sent: (1) To any park or recreation department of any city within which the land may be situated. (2) To any park or recreation department of the county within which the land is situated. (3) To any regional park authority having jurisdiction within the area in which the land is situated. 3/28/2019 Bill Text - AB-1486 Local agencies: surplus land. leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1486 5/7 (4) To the State Resources Agency or any agency that may succeed to its powers. (c) A written offer to sell or lease notice of availability of land suitable for school facilities construction or use by a school district for open-space purposes shall be sent to any school district in whose jurisdiction the land is located. (d)A written offer to sell or lease for enterprise zone purposes any surplus property in an area designated as an enterprise zone pursuant to Section 7073 shall be sent to the nonprofit neighborhood enterprise association corporation in that zone. (e) (d) A written offer to sell or lease notice of availability for the purpose of developing property located within an infill opportunity zone designated pursuant to Section 65088.4 or within an area covered by a transit village plan adopted pursuant to the Transit Village Development Planning Act of 1994 (Article 8.5 (commencing with Section 65460) of Chapter 3 of Division 1 of Title 7) shall be sent to any county, city, city and county, community successor agency to a former redevelopment agency, public transportation agency, or housing authority within whose jurisdiction the surplus land is located. (f ) (e) The entity or association desiring to purchase or lease the surplus land for any of the purposes authorized by this section shall notify in writing the disposing agency of its intent to purchase or lease interest in purchasing or leasing the land within 60 days after receipt of the agency’s notification of intent to sell notice of availability of the land. SEC. 4. Section 54223 of the Government Code is amended to read: 54223. After the disposing agency has received notice from the entity desiring to purchase or lease the land, land on terms that comply with this article, the disposing agency and the entity shall enter into good faith negotiations to determine a mutually satisfactory sales price or lease terms. If the price or terms cannot be agreed upon after a good faith negotiation period of not less than 90 days, the land may be disposed of without further regard to this article, except that Section 54233 shall apply. Negotiations shall be limited to sales price and lease terms, including the amount and timing of any payments. SEC. 5. Section 54225 of the Government Code is amended to read: 54225. Any public agency selling disposing of surplus land to an entity described in Section 54222 for park or recreation purposes, for open-space purposes, for school purposes, or for low- and moderate- income moderate- income housing purposes may provide for a payment period of up to 20 years in any contract of sale or sale by trust deed for the land. The payment period for surplus land sold disposed of for housing for persons and families of low and moderate income may exceed 20 years, but the payment period shall not exceed the term that the land is required to be used for low- or moderate-income housing. SEC. 6. Section 54226 of the Government Code is amended to read: 54226. This article shall not be interpreted to limit the power of any local agency to sell or lease dispose of surplus land at fair market value or at less than fair market value, and any such sale or lease disposal at or less than fair market value consistent with this article shall not be construed as inconsistent with an agency’s purpose. No provision of this article shall be applied when it conflicts with any other provision of statutory law. SEC. 7. Section 54227 of the Government Code is amended to read: 54227. (a) In the event that any local agency disposing of surplus land receives offers for the purchase or lease of that land from more than one of the entities to which notice and an opportunity to purchase or lease shall be given pursuant to this article, the local agency shall give first priority to the entity that agrees to use the site for housing that meets the requirements of Section 54222.5. If the local agency receives offers from more than one entity that agrees to meet the requirements of Section 54222.5, then the local agency shall give priority to the entity that proposes to provide the greatest number of units that meet the requirements of Section 54222.5 at the deepest level of affordability. 54222.5. In the event that more than one entity proposes the same number of 3/28/2019 Bill Text - AB-1486 Local agencies: surplus land. leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1486 6/7 units that meet the requirements of Section 54222.5, priority shall be given to the entity that proposes the deepest average level of affordability for the affordable units. (b) Notwithstanding subdivision (a), first priority shall be given to an entity that agrees to use the site for park or recreational purposes if the land being offered is already being used and will continue to be used for park or recreational purposes, or if the land is designated for park and recreational use in the local general plan and will be developed for that purpose. (c) For purposes of this section, “priority” means that the local agency shall negotiate in good faith exclusively with the entity in accordance with Section 54223. SEC. 8. Section 54230.5 of the Government Code is amended to read: 54230.5. The failure by a local agency to comply with this article shall not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer for value. value; however, Section 54233 shall still apply. SEC. 9. Section 54233 of the Government Code is amended to read: 54233. If the local agency does not agree to price and terms with an entity to which notice and an opportunity to purchase or lease are of availability of land was given pursuant to this article, or if no entity to which a notice of availability was given pursuant to this article and disposes of the surplus land to an entity that uses the property for the development of responds to that notice, and 10 or more residential units, the entity or a successor-in- interest shall provide units are developed on the property, not less than 15 percent of the total number of units developed on the parcels shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land prior to land use entitlement of the project, and the covenant or restriction shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f ), inclusive, of Section 54222.5. SEC. 10. It is the intent of the Legislature to enact legislation, in addition to Sections 1 to 9, inclusive, of this act, that does the following: (a) Strengthens the provisions of Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, relating to local surplus land, by directing local agencies to create a full inventory of publicly owned sites within their jurisdiction and report the information to the Department of Housing and Community Development. (b) Requires state agencies to prioritize disposition of surplus land for development of affordable housing by doing all of the following: (1) Specifying a minimum percentage of surplus property to be disposed annually. (2) Expediting disposition timelines. (3) Directing the Department of General Services to review its spatial guidelines for public facilities to allow onsite affordable housing without compromising the quality of onsite public services. (b) Requires the Department of Housing and Community Development to develop a statewide public lands database and empowers the department with referral power to the Attorney General’s office to enforce compliance with laws governing the disposition of public land for affordable housing. (c) Incentivizes development of affordable housing on state and local public lands by doing both of the following: (1) Allowing affordable housing projects on surplus land to be more competitive for state funding programs. (2) Allowing public agencies that dispose of surplus land to be more competitive for discretionary transportation funds. 3/28/2019 Bill Text - AB-1486 Local agencies: surplus land. leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1486 7/7 (d) Utilizes Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, relating to housing elements, to prioritize disposition of surplus land by doing all of the following: (1) Establishing a presumption in Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, that allows residential uses on all developable public land where it is not improper or unsafe, notwithstanding local zoning, for housing in which 100 percent of the units qualify as affordable housing to lower-income households. (2) Requiring housing elements to include a discussion of the jurisdiction’s policies and plans to encourage the development of affordable housing on surplus land, including identification of any public land expected to be sold or leased. (3) Requiring jurisdictions to report annually, through housing element progress reports, on how they disposed of surplus sites. (e) Expands the trained labor pool available for housing construction by supporting trained apprentices and prevailing wages on affordable housing projects built on surplus land, with exceptions for emergency temporary housing and housing built by volunteers. SEC. 11. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ITEM NO. 8.1 AGENDA REPORT Meeting Date: April 9, 2019 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Request for Contribution from Southern California Water Coalition (SCWC) STAFF RECOMMENDATION: That the Board of Directors consider making a contribution to SCWC to help fund the development of a methodology for evaluating the economic feasibility of the State Water Resources Control Board's proposed drinking water standards. DISCUSSION: The State is currently engaged in developing guidance to be used in formulating new drinking water standards. SCWC is working with a group of water agencies to develop a methodology for evaluating the economic feasibility of these standards. As part of this initiative, SCWC is pursuing the help of a leading environmental engineering firm to formalize the groups efforts. SCWC is requesting the Board consider contributing $7,500 towards its goal of $100,000 to help fund this work. Should the Board decide to participate, SCWC would execute a Memorandum of Understanding with YLWD prior to the processing the contribution. ATTACHMENTS: Name:Description:Type: SCWC_Contribution.pdf Backup Material Backup Material Mr. Marc Marcantonio Yorba Linda Water District P. 0. Box 309 Yorba Linda, CA 92885 Dear Mr. Marcantonio: RECEIVED MAR 18 2019 YORBA LIND A W/1 ... ER DISTRiC'f BY~~~~~-~~~ Evaluation of Economic Feasibility of California's Drinking Water Standard Last year a California Superior Court issued a decision invalidating the State's recent chromium 6 regulation. In the decision, a judge indicated that the State Water Resource Control Board did not adequately consider economic feasibility in its development of a 10 parts per billion drinking water standard for chromium 6. The State is now engaged in a process to develop guidance to be used in developing new drinking water standards including chromium 6. SCWC is working with a group of water agencies to develop recommendations to the State Board. These recommendations will include a state-of-the-science work product that water agencies can use as the State Board seeks input from our community during any public workshops or comment period early next year. SCWC is pursuing the help of a leading environmental engineering firm to formalize our workgroups efforts with the development of a methodology for evaluating feasibility for proposed drinking water standards (See Attachment). To do this, I am asking your agency to contribute $7,500 toward our goal of $100,000 to fund this work on economic feasibility. If you choose to contribute, SCWC will execute a Memorandum of Understanding with your agency prior to processing your contribution. A SCWC representation will follow-up with you in a few days. Thank you for the support of this important effort. If you have any questions, please contact me at (949) 632-2074 or by email at cwilson@socalwater.org. Sincerely, ~~ Executive Director & CEO Attachment Technical Report on Evaluating the Economic Feasibility of Drinking Water Standards SOW Proposed for CA Utilities prepared by Bob Raucher, Corona Environmental Consulting updated Oct 5, 2018 This SOW reflects our understanding of the topic area focus and schedule desired for a "Technical Report" on "Evaluating the Economic Feasibility of Drinking Water Standards." Our work will provide California water utilities with a technically sound utility-based perspective on the topic of "economic feasibility" and can serve as a basis for an informed and constructive dialogue with the State Water Quality Control Board (SWQCB, or Board). Our deliverable to the utilities will be technically sound and informative. The anticipated schedule is intended to be independent upon the timing of an anticipated SWQCB release of materials describing how it intends to evaluate the economic feasibility of drinking water standards. A report or similar written document had been expected from the Board by late September, but now the Board's timing is uncertain. Therefore, our report is intended to be made available to the Board once our work is complete and approved by the client utility group (aiming for mid-January, 2019). Overview There is a wide-ranging dialogue across CA, and the nation, on the challenge that rising costs for water-related services poses for community and household affordability. Escalating water sector costs arise due to a number of factors, including the need to comply with regulatory requirements (e.g., MCLs, stormwater management), the need to add expensive new water supply options to meet growing demands in the face of drought-impacted supplies and climate change, and the high cost of much needed infrastructure renewal efforts . The federal and California versions of their respective Safe Drinking Water Acts (SDWA) call for setting enforceable standards (MCLs) as close to the stated public health goal (typically a "no risk" level) as is "feasible." The California SDWA requires that an MCL be set "as close as feasible to the corresponding public health goal ... to the extent technologically and economically feasible." A May 2017 California Court ruling ordered the state to withdraw its proposed Chromium VI [Cr(VI)] MCL, with the Judge's commentary establishing that "feasibility" must extend beyond what best available technology can reliably deliver in terms of contaminant removals. Specifically, the Judge's ruling notes that under the governing state Safe Drinking Water Act (SDWA) statute, the state must explicitly assess and include considerations of "economic feasibility" (Superior Court of California, County of Sacramento, Gordon D. Schaber, Sacramento County Courthouse, May 2017). Further, the Judge's ruling establishes that "economic feasibility" must include consideration of what is "affordable" to households served by all regulation-impacted utilities. The Judge's opinion stated further that the state's regulatory analysis for the Cr(VI) MCL focused solely on calculating estimated public health risk reduction benefits and the cost of meeting the proposed MCL. The state's benefit-cost calculations were ruled as insufficient by the Judge, as the state's analysis failed to examine whether or not the MCL was economically feasible or affordable. And, noting the state's estimated per household cost to meet the MCL in small systems, the Judge further surmised that the MCL was unlikely to be affordable to those households served in small MCL-impacted systems. Based on these findings, the Judge ruled that the state must withdraw the Cr(VI) MCL. In response to this ruling, the CA SWQCB has been examining its options for how to assess economic feasibility in relation to how the state may establish future MCLs. The intent of our proposed technical report is to furnish conceptually and empirically sound input that CA-based water utilities can provide to the Board, to help guide deliberations and establish potential approaches for how economic feasibility may be addressed in the context of regulatory development under the CA SOWA. Technical Approach Our approach to reviewing the Board approach for evaluating economic feasibility for drinking water standards, and for developing a series of suggested approaches, will be structured around the following two sequenced questions: 1. Do the proposed MCLs (or other standards or policies) provide benefits that justify the costs? If the benefits are deemed to exceed (or otherwise justify) the costs, then 2. Is the MCL affordable? Each of these questions will be addressed in a technically sound and transparent manner, based on the best available data and methods of analysis . We will review the methods and approaches the state has used in benefit-cost analyses of drinking water standards, as well as what they may propose as methodology revisions offered in any forthcoming Board materials. To perform this work, we will draw on the vast amount of work we have performed on this topic, addressing numerous past rulemakings at the federal level on behalf of AWWA and other utility sector organizations (please see our Qualifications section, below, for additional detail). Specifically, we will address the series of complex and critical economic analysis issues and normative/policy issues as discussed below. Benefit-Cost Analysis (BCA) The BCA component has several complex elements that we will evaluate to ensure they are properly addressed. A partial list of these issues includes: 2 1. Are the costs accurately estimated, given the utility-specific nature of compliance options, plant configurations and space, and related expense? 2. Are public health benefits properly estimated, given the uncertainty around dose- response functions, sensitive subpopulations, potential latency periods, changes/variations in exposure patterns, issues in assigning monetary values to changes in risks of morbidity or premature fatality, and numerous other factors? 3. Are benefits and costs estimated on an incremental basis (i.e., examining the added benefits and costs of moving from each potential MCL to the next level of possible stringency) rather than an average basis? 4. Are benefits and costs evaluated for each system size category (given that the benefit-cost tradeoffs are far less favorable in smaller systems than in larger ones)? 5 . Is the potential for adverse impacts on health taken into consideration, as may arise for economically challenged households in water systems that need to impose significant rate increases to cover the costs of compliance? Based on our own experience, as well as our review of Board materials (if/when they are made available}, we can offer a critique and recommend alternative approaches that will enhance/improve the benefit-cost approach applied by the state.1 Affordability The related affordability components raise a number of technical economic as well as normative policy considerations. For example, affordability determinations (i.e ., at what point does something become "unaffordable") requires subjective judgement, whereas the development of relevant metrics with which to consider affordability entails an empirical, data- driven exercise. We will address both empirical and subjective issues in our report. There are four main questions that we will ensure are addressed appropriately in the Board recommendations with regard to affordability: 1. What does affordability mean (i.e., how is it defined)? 2. How should affordability be measured (i.e., what metrics are relevant and informative -- such as comparing a household water bill as percent of household income at the 20th 1 Technically, the benefit-cost analysis addresses whether a potential MCL is economically efficient (i .e., whether it provides more social value than social costs), rather than addressing the matter of economic feasibility (i .e., whether the cost can be reasonably borne). However, because the California SOWA uses the term "economically feasible " and the State Board has indicated in recent guidelines that "project alternatives with a positive net present value are considered economically feasible," this is the terminology that we will adopt, per Guidelines for Preparing Economic Analysis for Water Recycling Projects (EATF , April 2011). 3 percentile or median of the community income distribution, or reviewing community rates of poverty)? 3. At what level does one consider a water bill unaffordable (i .e., what threshold or benchmark serves as the boundary between affordable and unaffordable water bills, for the metric(s) applied)? 4. What should be done to address affordability (i.e ., what policy approach -e.g., waivers, variances, state funding support, less stringent MCLs, or other possible measures - should be deployed to make an MCL affordable)?2 We will bring insights from the on-going discussion at both the national and state level regarding the issue of water affordability in the context of regulatory requirements. For example, the US EPA has recently embarked on a formal process of revisiting the affordability of water sector costs, in response to a Congressionally mandated critique, developed by the National Association of Public Administration, Developing a New Framework for Community Affordability of Clean Water Services (NAPA, October 2017). The NAPA report calls for significant reconsideration and reform in how affordability is assessed and addressed in federal water regulations and compliance matters. The regulatory affairs division of AWWA, jointly with the National Association of Clean Water Agencies and Water Environment Federation, has developed an expert team to develop approaches to recommend to US EPA as it addresses the NAPA critique (and Corona's Dr. Raucher is the AWWA technical lead on this effort). We will also ensure the approach appropriately includes consideration of the affordability issue in California, which currently is at the forefront of several legislative, executive branch, and other efforts, as evident by last session's SB 623, and the on-going activities of the Water Board. Qualifications of the Corona Team Dr. Robert Raucher will be the technical lead and project manager for this proposed effort. Bob has 40 years of experience examining the affordability and benefit-cost issues associated with drinking water standards. He wrote his doctoral dissertation on the affordability economics of the original Safe Drinking Water Act (completed 1980), and subsequently has led national AWWA and other assessments of the benefits and costs of drinking water standards, and the affordability issues associated with those standards. Dr. Raucher has developed seminal research and related guidance documents for the Water Research Foundation on estimating the costs of compliance with drinking water regulations (Raucher et al., Estimating the Cost of Compliance with Drinking Water Standards: A User's 2 There also is the critical question of "who should pay " (and the method through which those funds are collected) if monies are to be made available to households (or water systems) that would otherwise face water bills deemed unaffordable . 4 Guide, 1995), and on how to quantify and value the public health benefits of those regulations and compare the benefits to the costs (Raucher et al., Quantifying Public Health Risk Reduction Benefits, 2002). He served as A WW A's technical lead in developing detailed critiques of the US EPA's benefit-cost methodologies and findings for the arsenic, radionuclides, M/DBP, and other major federal regulatory efforts for drinking water. Dr. Raucher has also served in lead roles on numerous high-profile affordability assessments, at the national and utility level. He served on the National Drinking Water Advisory Council (NDWAC), as nat ional AWWA's representative examining the affordability for the arsenic standard. He also has served on other NDWAC expert workgroups, for measuring drinking water regulatory benefits and costs . He currently serves as AWWA technical lead on affordability, in conjunction with on-going federal initiatives to re-examine how US EPA should consider measuring and addressing affordability issues for the water sector. Dr. Raucher also has been actively engaged with several California utilities on economic matters, including pioneering work on the Triple Bottom Line (TBL) economics and pricing of water reuse, evaluating the TBL benefits and costs of reuse and desalination, and complex long- term water supply planning under climate change and regulatory uncertainties. He served as Principal Investigator of WateReuse Research Foundation report developing an economic framework for evaluating water reuse, which in turn served as the primary basis adopted in the California water reuse framework developed by UC Davis. He currently is serving on a UC Davis- led state-funded project examining the affordability impacts of alternative approaches to attain nitrate MCL compl i ance is small, economically disadvantaged communities in the Central Valley. Dr. Raucher received the 2016 Pankaj Parekh Research Innovation Award for his achievements in applied water sector research, from the Water Research Foundation, in recognition of his contributions to the water supply sector. His abbreviated resume is attached . Additional information and qualifications for Dr. Raucher, his team of seasoned water economists and communication experts at Corona , or of Corona Environmental Consulting as whole, will be provided upon request . Schedule and Budget The schedule will be determined upon further interactions with the clients, and it will accommodate the scheduling realities as may be driven by the Water Board's activities related to the affordability topic area. Our understanding is that most of the work is to be developed in the third quarter of calendar 2018, with an aim that the work be completed by mid-January 2019. The proposed budget for this effort is based on our current understanding of the types and levels of work effort that the utility clients wish to have performed . We anticipate a standard "time and materials" (T&M) type contract, with a not to exceed (NTE) ceiling of $52,000. 5 Our billings will be based on actual hours worked up the NTE ceiling. Charges will be based on applying Corona's standard T&M hourly rates. Dr. Raucher's 2018 hourly rate is $250 per hour, with supporting technical staff applying rates ranging from $115 to $185 or $220 per hour. 6 ITEM NO. 10.1 AGENDA REPORT Meeting Date: April 9, 2019 Subject:Directors' Reports · Intergovernmental Meetings, Conferences, and Events SUMMARY: The Directors will report on their attendance at the following events: 1. WaterSmart AMI Webinar - March 5, 2019 (Miller) 2. SWRCB PFAS Informational Webcast - March 6, 2019 (Miller) 3. Teleconference w/ Dr. Scott Bartell of UC Irvine Regarding PFAS - March 21, 2019 (Miller) 4. OCSD Board - March 27, 2019 (Hawkins) 5. ISDOC - March 28, 2019 (Jones/Nederhood) 6. Santa Ana River Watershed Conference - March 29, 2019 (Jones/Nederhood) 7. AWWA M36 Advanced Pressure Control Webinar - March 31, 2019 (Miller) 8. ISDOC Executive Committee - April 2, 2019 (Nederhood) 9. SAWPA Commission - April 2, 2019 (Jones - As Needed) 10. YL City Council - April 2, 2019 (Hawkins) 11. MWDOC Board - April 3, 2019 (Miller) 12. OCWD Board - April 3, 2019 (Jones) 13. MWDOC Elected Officials' Forum - April 4, 2019 (Jones/Miller/Nederhood) 14. WACO - April 5, 2019 (Hawkins/Jones/Nederhood) ITEM NO. 11.2 AGENDA REPORT Meeting Date: April 9, 2019 Subject:Joint Agency Committee with City of Yorba Linda (Jones/Hawkins) · Minutes of meeting held March 18, 2019 at 4:00 p.m. are included in the agenda packet. · Next meeting scheduled June 17, 2019 at 4:00 p.m. at Yorba Linda City Hall. ATTACHMENTS: Name:Description:Type: 2019-03-18_-_Minutes_-_YLWD-City_of_YL.pdf Minutes Minutes YLWD/CC Joint Advisory Committee Minutes March 18, 2019 Page 1 of 2 CITY OF YORBA LINDA Land of Gracious Living YORBA LINDA WATER DISTRICT/ CITY COUNCIL JOINT ADVISORY COMMITTEE MEETING MINUTES March 18, 2019 4:00 p.m. 1.CALL TO ORDER The Yorba Linda Water District/City Council Joint Advisory Committee meeting convened at 4:01 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. 2.PLEDGE OF ALLEGIANCE Yorba Linda Assistant City Manager Dave Christian 3.ROLL CALL Committee Members City Council: Gene Hernandez, Council Member Carlos Rodriguez, Council Member Water District: Brooke Jones, President Phil Hawkins, Vice President Staff Members: Marc Marcantonio, General Manager YL Water District Dave Christian, Assistant City Manager City of Yorba Linda 4.PUBLIC COMMENTS None YLWD/CC Joint Advisory Committee Minutes March 18, 2019 Page 2 of 2 5. ACTION CALENDAR 5.1 Minutes of the YLWD/City Council Joint Advisory Committee meeting held on December 10, 2018. The YLWD/City Council Joint Advisory Committee approved the minutes of the December 10, 2018 meeting. 6. DISCUSSION ITEMS 6.1 Pending and Recently Chaptered Water Related Legislation General Manager Marc Marcantonio reviewed various water related legislation including SB 200 Safe and Affordable Drinking Water Fund, SB 414 Safe Drinking Water Solutions for All Californians, SB 204 State Water Project, SB 134 Water Conservation, and AB 533 Income Taxes: Exclusion: Water Conservation of Efficiency Programs. He also spoke about South Coast Air Quality Management District’s (SCAQMD) proposed Amended Rule 1403, Asbestos Emissions from Demolition/Renovation Activities. Anthony Johnson introduced himself as the new Field Representative for Assemblyman Phillip Chen’s office. He indicated that he would report back to Assemblyman Chen regarding the concerns voiced by the Committee. Julia Schultz, resident, commented on water utility taxes and shared her concerns of the proposed legislation. 6.2 State’s Long-term Framework for Indoor/Outdoor Water Use Efficiency General Manager Marc Marcantonio spoke on the State’s plan for indoor and outdoor water use efficiency and said the State will give the Yorba Linda Water District an annual water budget which will be the total of Indoor Residential Budget, Outdoor Residential Budget, CII (Commercial, Industrial, and Institutional) Budget, and Efficient Allowable Water Losses Some variances may be granted for excessive water use necessary for large animals, wildfire prevention, seasonal populations, commercial agriculture use, and more. The Water District will not be allowed to go over its budget without facing penalties and fines. 6.3 Future Meeting Date and Agenda Items The Committee agreed to meet again on Monday, June 17, 2019 at 4:00 p.m. No additional items for the next Agenda were discussed. 7. ADJOURNMENT 7.1 Assistant City Manager Dave Christian adjourned the meeting at 5:22 p.m. to the next Yorba Linda Water District/City of Yorba Linda Joint Agency Committee meeting on Monday, June 17, 2019 at 4:00 p.m. ITEM NO. 12.1 AGENDA REPORT Meeting Date: April 9, 2019 Subject:Meetings from April 10 - May 31, 2019 ATTACHMENTS: Name:Description:Type: BOD_-_Activities_Calendar.pdf Backup Material Backup Material Board of Directors Activity Calendar Event Date Time Attendance_by_ April OC LAFCO Wed, Apr 10 8:15 AM TBD YL Planning Commission Wed, Apr 10 6:30 PM Hawkins (As Needed) WACO Planning Committee Tue, Apr 16 7:30 AM Jones/Nederhood SAWPA Commission Tue, Apr 16 9:30 AM Jones (As Needed) YL City Council Tue, Apr 16 6:30 PM Hall MWDOC Board Wed, Apr 17 8:30 AM Nederhood OCWA Luncheon Wed, Apr 17 11:30 AM TBD OCWD Board Wed, Apr 17 5:30 PM Jones Board of Directors Workshop Meeting Tue, Apr 23 5:30 PM MWDOC/OCWD Joint Planning Committee Wed, Apr 24 8:30 AM TBD OCSD Board Wed, Apr 24 6:00 PM Hawkins YL Planning Commission Wed, Apr 24 6:30 PM Hawkins (As Needed) May MWDOC Board Wed, May 1 8:30 AM Miller/Nederhood OCWD Board Wed, May 1 5:30 PM Jones WACO Fri, May 3 7:30 AM TBD ACWA-JPIA Spring Conference Mon, May 6 8:00 AM ISDOC Executive Committee Tue, May 7 7:30 AM Nederhood ACWA-JPIA Spring Conference Tue, May 7 8:00 AM ACWA Spring Conference Tue, May 7 8:00 AM SAWPA Commission Tue, May 7 9:30 AM Jones (As Needed) YL City Council Tue, May 7 6:30 PM Miller ACWA Spring Conference Wed, May 8 8:00 AM OC LAFCO Wed, May 8 8:15 AM TBD YL Planning Commission Wed, May 8 6:30 PM Hawkins (As Needed) ACWA Spring Conference Thu, May 9 8:00 AM ACWA Spring Conference Fri, May 10 8:00 AM Board of Directors Regular Meeting Tue, May 14 6:30 PM MWDOC Board Wed, May 15 8:30 AM Miller/Nederhood OCWA Luncheon Wed, May 15 11:30 AM TBD OCWD Board Wed, May 15 5:30 PM Jones District Open House Sat, May 18 10:00 AM Specific Time TBD WACO Planning Committee Tue, May 21 7:30 AM Jones/Nederhood SAWPA Commission Tue, May 21 9:30 AM Jones (As Needed) YL City Council Tue, May 21 6:30 PM Nederhood OCSD Board Wed, May 22 6:00 PM Hawkins YL Planning Commission Wed, May 22 6:30 PM Hawkins (As Needed) Interagency Committee Meeting with MWDOC and OCWD Thu, May 23 4:00 PM Jones/Hawkins District Offices Closed Mon, May 27 7:00 AM Board of Directors Regular Meeting Tue, May 28 6:30 PM Special Districts Summit Thu, May 30 8:30 AM Jones OC Water Summit Fri, May 31 7:30 AM Hawkins/Jones/Miller/Nederhood As of April 2, 2019