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HomeMy WebLinkAbout2009-05-14 - Board of Directors Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, May 14, 2009, 6:30 PM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL John W. Summerfield, President William R. Mills, Vice President Paul R. Armstrong Michael J. Beverage Ric Collett 4. ADDITIONS/DELETIONS TO THE AGENDA 5. 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 five minutes. 6. PUBLIC HEARING 6.1. Ordinance No. 09-01 Instituting Water Conservation Measures, Prohibition Against Water Waste and Water Shortage Supply Contingencies Recommendation: That the Board of Directors adopt Ordinance 09-01 Instituting Water Conservation Measures, Prohibition Against Water Waste and Water Shortage Supply Contingencies Effective July 1, 2009. 6.2. a. President Opens Public Hearing b. Secretary Provides Proof of Public Hearing Notification, Correspondence and/or Petitions c. Testimony Beginning with Report by General Manager d. Testimony from Public e. President Closes Public Hearing f. Discussion 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 Regular Board of Directors Meeting Held April 9, 2009 Recommendation:Approve the minutes as presented. 7.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify disbursements in the amount of $660,581.13. 7.3. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$1,651,874.74. 7.4. Progress Payment No. 23 for the Lakeview Reservoir Project Recommendation:Approve Progress Payment No. 23 in the net amount of $269,745.85 to SSC Construction, Inc. and 5% retention of$14,197.15 deposited to City National Bank escrow account, for construction of the Lakeview Reservoir Project, Job No. 200704. 7.5. Terms and Conditions for Sewer Service with Larry and Tracey Pratt Recommendation:Approve the Terms and Conditions for Sewer Service with Larry and Tracey Pratt for 5951 Sandra Drive, Yorba Linda, Job No. 200907. 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. Professional Services Agreement Amendment for Lakeview Sewer Lift Station Rehabilitation Recommendation: That the Board of Directors authorize Amendment No. 1 to the Professional Services Agreement with Tetra Tech Consultants in the amount of $19,960 for design, bidding and construction phase services for the Lakeview Sewer Lift Station Project. 8.2. Award of Construction Contract for San Antonio Pressure Reducing Station Recommendation: That the Board of Directors award the Contract for Construction of San Antonio Pressure Reducing Station Upgrade Project to Paulus Engineering, Inc., for$236,250. 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 Hidden Hills Reservoir Project Recommendation: This is for information only. No action is required. 9.2. System Improvements Following Freeway Complex Fire Recommendation: This is for information only. No action is required. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. President's Report 10.2. Directors' Reports 10.3. General Manager's Report 10.4. General Counsel's Report 10.5. Future Agenda Items and Staff Tasks 11. COMMITTEE REPORTS 11.1. Executive Administrative-Organizational Committee (Summerfield/Mills) Alternate: Collett Minutes of meeting held April 21 , 8:00 a.m. Meeting scheduled for May 21, 4:00 p.m. 11.2. Finance-Accounting Committee (Beverage/Summerfield) Alternate: Mills Minutes of meeting held April 14, 4:00 p.m. Minutes of meeting held May 12, 4:00 p.m. (to be provided at the meeting). Meeting scheduled for June 9, 4:00 p.m. 11.3. Personnel-Risk Management Committee (Armstrong/Collett) Alternate: Summerfield Minutes of meeting held May 11, 4:00 p.m. (to be provided at the meeting.) Meeting scheduled for June 8, 4:00 p.m. 11.4. Planning-Engineering-Operations Committee (Mills/Armstrong) Alternate: Beverage Minutes of meeting held May 7, 4:00 p.m. Meeting scheduled for June 4, 4:00 p.m. 11.5. Public Information-Technology Committee (Collett/Beverage) Alternate:Armstrong Minutes of meeting held May 5, 4:00 p.m. Meeting scheduled for June 2, 4:00 p.m. 11.6. MWDOC/OCWD Ad Hoc Committee (Mills/Collett) Alternate: Summerfield • Meeting scheduled for May 26, 4:00 p.m. 11.7. Revenues and Rates Ad Hoc Committee (Collet/Mills) Minutes of meeting held April 28, 4:00 p.m. Meeting to be scheduled. 11.8. City of Placentia Ad Hoc Committee (Beverage/Vecchiarelli) • Meeting scheduled for June 10, 4:00 p.m. 11.9. Citizens Advisory Committee Minutes of meeting held April 21 , 4:00 p.m. Minutes of meeting held May 4, 8:00 a.m. Meeting scheduled for May 19, 4:00 p.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. MWDOC Board, April 15 (Staff) 12.2. OCWD Board, April 15 (Staff) 12.3. Yorba Linda Planning Commission, April 15 (Collett) 12.4. Yorba Linda City Council, April 21 (Armstrong) 12.5. Yorba Linda Planning Commission, April 29 (Summerfield) 12.6. Yorba Linda City Council, May 5 (Mills) 12.7. MWDOC/MWD Workshop, May 6 (Staff) 12.8. OCWD Board, May 6 (Staff) 12.9. Yorba Linda Planning Commission, May 13 (Summerfield) 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from May 15, 2009 thru June 30, 2009 Recommendation:Authorize Directors and such staff members of the District as approved by the General Manager to attend the listed meetings. 14. CONFERENCES AND SEMINARS 14.1. ACWA/JPIA Spring Conference - May 18-19, 2009 State Legislative Welcome Reception - June 4, 2009 Recommendation:Authorize Directors and such staff members of the District as approved by the General Manager to attend the listed conferences and seminars. 15. CLOSED SESSION The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. 15.1. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Negotiators: Ken Vecchiarelli, Pat Grady, Gina Knight, and Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association 15.2. Conference with Legal Counsel - Liability Claims Pursuant to Section 54956.95 of the California Government Code Claimants: Paul and Gillian Johnson, Robert Record, Ameet Sambray, and Dennis Dunn Claimant: David and Alecia Weiss Agency Claimed Against: Yorba Linda Water District 15.3. Conference with Legal Counsel - Anticipated Litigation Pursuant to Subdivision (b) (1) (b) of Section 54956.9 of the California Government Code Number of Potential Cases: Unknown The exposure to litigation arises from assertions of District responsibility for property and related losses incurred during the Freeway Complex Firestorm of November 15 and 16, 2008. 16. ADJOURNMENT 16.1. The next regular meeting of the Board of Directors will be held May 28, 2009 at 8:30 a.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. 6.1 AGENDA REPORT Meeting Date: May 14, 2009 Budgeted: No To: Board of Directors Cost Estimate: Unknown Funding Source: Water Operating Fund From: Ken Vecchiarelli, General Account No: 124580 Manager Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: Yes Prepared By: Cindy Botts, Management CEQA Compliance: N/A Analyst Subject: Ordinance No. 09-01 Instituting Water Conservation Measures, Prohibition Against Water Waste and Water Shortage Supply Contingencies SUMMARY: Attached for the Boards of Directors consideration is Ordinance 09-01 and Exhibits A-K. This Ordinance has been approved by the Municipal Water District of Orange County (MWDOC) as meeting all Metropolitan Water District of Southern California (MWD) requirements. STAFF RECOMMENDATION: That the Board of Directors adopt Ordinance 09-01 Instituting Water Conservation Measures, Prohibition Against Water Waste and Water Shortage Supply Contingencies Effective July 1 , 2009. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee discussed the ordinance on March 17, 2009 and April 8, 2009. The Citizens Advisory Committee discussed the ordinance on March 31 , 2009, April 21 , 2009 and May 4, 2009. A vote of 12-0 was held on May 4, 2009 to recommend the conservation ordinance for approval by the Board of Directors. DISCUSSION: This ordinance has been developed in response to the continued threat to the water supply in Southern California and is recommended to become effective July 1 , 2009. The Metropolitan Water District of Southern California (MWD) has declared a water supply shortage that will affect its member and retail water agencies by up to 15% in the next fiscal year and is requiring agencies to adopt ordinances and best management practices in order to remain eligible for access to conservation rebates and related program funds. The conservation ordinance was drafted using a sample ordinance provided by MWD, and the majority of this ordinance is suggested, including some of the permanent conservation requirements and the penalties and violations section. The ordinance contains a combination of water use restrictions and prohibitions derived from the following sources: . MWD's sample ordinance — These items are required for compliance with MWD's standards . Best Management Practice (BMP) 13: Water Waste Compliance, as established by the California Department of Water Resources through the California Urban Water Conservation Council (CUWCC). Including these BMPs within the ordinance is highly recommended by the Municipal Water District of Orange County (MWDOC) . Suggestions put forth by staff through consult with other agencies The following is a synopsis of the permanent restrictions and requirements related to water waste within the ordinance. These would be in effect year round and regardless of the current water situation, unless overridden by stronger restrictions within the ordinance. . Irrigation of landscaping is prohibited between the hours of 9:00 a.m. and 6:00 p.m. . Irrigation of landscaping is limited to fifteen (15) minutes per station per day. . Irrigation of landscaping is prohibited during rain or when rain is forecasted for that day. . Runoff during irrigation of landscaping onto hard surfaces is prohibited. . Washing down of hard surfaces is prohibited. . All leaks and breaks are required to be fixed within three (3) days of notice. • Use of recirculated water is required for all fountains and water features. . Washing of vehicles is prohibited unless with a bucket or similar container and sponge, and/or with a hose with a self-closing device. . Drinking water is to be served at restaurants upon request only. . Hotels and motels must provide customers the option to decline daily linen changes. . Installation of single pass cooling systems is prohibited in buildings requesting new water service. . Installation of non-recirculating water systems is prohibited in new commercial laundry systems. . Restaurants are prohibited from using non-water conserving dish wash spray valves. . All new commercial conveyor car wash systems must have installed operational re-circulating water systems. In addition to permanent water conservation requirements, the ordinance also details four water supply shortage stages that implement further restrictions that the District can apply based on MWD's water supply condition levels. The stages of the ordinance are designed to trigger accordingly with MWD, without requiring prior YLWD Board approval. Language has also been included in the ordinance to have it prevail in the event a conflict exists with other District documents, e.g. the District's 2005 Urban Water Management Plan. The following is a summary of each of the four YLWD water supply shortage stages, their MWD equivalent level and the corresponding restrictions: YLWD Stacie 1 Water Supply Shortaae (Water use reduction a_oal: 10%) Trigger: MWD "Condition 2: Water Supply Alert"level Restrictions: . Irrigation is limited to three (3) days per week, in which odd numbered addresses could irrigate on Monday, Wednesday and Friday, and even numbered addresses could irrigate Tuesday, Thursday and Saturday. No irrigation could take place on Sunday. YLWD Stage 2 Water Supply Shortage (Water use reduction coal: 20%): Trigger: MWD "Condition 3: Water Supply Allocation- Restrictions from 5% through 15%" Restrictions: . Irrigation is limited to three (3) days per week in the months of April through October in which odd numbered addresses could irrigate on Monday, Wednesday and Friday, and even numbered addresses would irrigate Tuesday, Thursday and Saturday. No irrigation would be allowed on Sunday. In the months of November through March, irrigation is limited to two (2) days per week, in which odd numbered addresses could irrigate Monday and Friday, and even numbered addresses could irrigate Tuesday and Saturday. . All leaks and breaks are required to be fixed within two (2) days of notice. YLWD Stacie 3 Water Supply_ Shortage (Water use reduction Goal: 30%): Trigger: MWD "Condition 3: Water Supply Allocation- Restrictions from 20% through 35%" Restrictions: . Irrigation is to two (2) days per week in the months of April through October, in which odd numbered addresses could irrigate Monday and Friday, and even numbered addresses could irrigate Tuesday and Saturday. In the months of November through March, irrigation is limited to one (1) day per week, in which odd numbered addresses could irrigate Monday and even numbered addresses could irrigate Saturday. . Refilling of more than one (1) foot and initial filling of residential swimming pools or outdoor spas is prohibited. YLWD Staa_e 4 Water Supply Shortage-Emerciencv Condition (_Water use reduction a_oal: 35% or areater): Trigger: MWD "Condition 3: Water Supply Allocation- Restrictions of 40% and greater" Restrictions: . Irrigation of landscaping year round is prohibited, with the exception of use of a hand held bucket and maintenance for fire protection, soil erosion or environmental mitigation projects. . All leaks and breaks are required to be fixed within one (1) day of notice. . No new water service will be provided, except to protect the public health, safety and welfare. Should a customer need a waiver from these restrictions due to hardship, a waiver process has been established within the ordinance. In addition, an appeals process related to the fines and violations is also included. PRIOR RELEVANT BOARD ACTION(S): The Board reviewed draft versions of the ordinance on March 26, 2009 and April 9, 2009. ATTACHMENTS: Description: Type: Conservation Ordinance FINAL.doc Conservation Ordinance Ordinance Conservation Ordinance Waiver Form.doc Exhibit A-Waiver Application Backup Material 4 25x1 1 Door Hanger Front - Ordinance copv.pdf Exhibit B-Doorhanger(Front) Backup Material 4 25x11 Door Hanaer Back- Ordinance coov.odf Exhibit B-Doorhanger(Back) Backup Material Notice of First Violation.doc Exhibit C-First Violation Backup Material Notice of Second Violation.doc Exhibit D-Second Violation Backup Material Notice of Third Violation.doc Exhibit E-Third Violation Backup Material Notice of Fourth Violation.doc Exhibit F-Fourth and Subsequent Violations Backup Material Notice of Intent to Install Flow Restrictor.doc Exhibit G- Intent to Install Flow Restrictor Backup Material Notice of Intent to Disconnect Service.doc Exhibit H- Intent to Disconnect Service Backup Material Notice of Review.doc Exhibit I-Notice of Review Backup Material Notice of Decision- Violation.doc Exhibit J-Notice of Decision Backup Material Emolovee Declaration Loa.doc Exhibit K-Employee Log Backup Material Conservation Ordinance Presentation.Ddf PowerPoint Presentation Presentation Approved by the Board of Directors of the Yorba Linda Water District 5/14/2009 BM/MB 4-0 Roll Call Director Collett Absent ORDINANCE NO. 09 -01 ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT INSTITUTING WATER CONSERVATION MEASURES, PROHIBITION AGAINST WATER WASTE AND WATER SHORTAGE SUPPLY CONTINGENCIES WHEREAS, California has had one of the driest years on record, with eight of the past ten years meeting drought -level conditions; and WHEREAS, storage in the Colorado River system has dropped to fifty -five (55) percent of total capacity; and WHEREAS, the flow of the California Aqueduct has been restricted by up to thirty - five (35) percent, due to a federal court ruling to protect the Delta Smelt; and WHEREAS, the Governor of the State of California proclaimed a statewide drought and issued a State of Emergency to address the California water shortage, requesting that all water users reduce their water use by twenty (20) percent and asking all water agencies to assist their customers in reducing their use through a water conservation program; and WHEREAS, the Orange County Grand Jury investigated solutions into the looming water crisis in California and recommends in its report for local water agencies a goal of ten - percent voluntary conservation, a focus on outdoor usage, the development of monthly allocations for each customer and the implementation of conservation - inducing pricing; and WHEREAS, the Metropolitan Water District of Southern California is currently in a "Water Supply Alert" phase and urges implementation of "extraordinary conservation measures ", such as conservation pricing, outdoor water restrictions, prohibition of runoff, enhanced rebates, and coordination with the Municipal Water District of Orange County to develop a unified regional message and to accelerate media and outreach campaigns; and WHEREAS, the Metropolitan Water District of Southern California is requiring ordinances from all agencies that receive rebate incentives detailing water conservation measures, prohibitions against water waste and associated penalties; and WHEREAS, the Municipal Water District of Orange County, the agency responsible for providing the Yorba Linda Water District with imported water through the Metropolitan Water District, has enacted a resolution asking every Orange County resident and business to immediately reduce their water usage by ten - percent (10); and WHEREAS, the Orange County Water District, the agency responsible for supervising the Orange County Groundwater Basin, has implemented the "OC Water Hero" public education campaign, urging customers to conserve twenty gallons of water per person, per day; and WHEREAS, the Yorba Linda Water District has broad authority to enact water conservation rules under the laws of the State of California; and WHEREAS, the adoption of water conservation measures would assist in avoiding or minimizing the effects of water supply restrictions and a water shortage in Southern California. NOW, THEREFORE, BE IT ORDAINED, under the authority of Water Code §§ 350 and 31028, that the Board of Directors of the Yorba Linda Water District, does hereby FIND AND DETERMINE that matters set forth in the above recitals are true and correct, and that the Board of Directors of the Yorba Linda Water District therefore DECLARES the existence of an emergency caused by drought or other threatened or existing water shortage; and THEREFORE, BE IT ORDAINED, under the authority of Water Code §§ 350 and 31028, that the Board of Directors of the Yorba Linda Water District, does hereby FIND, DETERMINE AND DECLARE that water conservation measures and restriction on the use of District water are necessary and appropriate to protect the health and safety of water users within the Yorba Linda Water District; and THEREFORE, BE IT ORDAINED, under authority of Water Code §§ 353 and 31026, that the Board of Directors of the Yorba Linda Water District, based upon the findings set forth herein, does hereby PROHIBIT the wastage of District water and does hereby ORDER that the following water conservation measures and water use restrictions are necessary and appropriate to prevent the waste of District water and to protect the health and safety of water users with the Yorba Linda Water District. These measures will be effective as of July 1, 2009. SECTION 1: Permanent Water Conservation Measures and Prohibitions Against Water Waste. A. The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water. 1. Limits on Watering Hours Watering or irrigation of lawn, landscape or other vegetated area is prohibited between the hours of 9:00 a.m. and 6:00 p.m. on any day, or between hours later designated by the District, except for the express purpose of adjusting or repairing an irrigation system. This subsection does not apply to landscape irrigation systems that exclusively use very low -flow drip irrigation where no emitter produces more than two (2) gallons of water per hour. 2. Limit on Watering Duration Watering or irrigating of lawn, landscape or other vegetated area is limited to fifteen (15) minutes watering per station per day. This subsection does not apply to landscape irrigation systems that exclusively use very low -flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 3. No Watering During Rain Watering or irrigating of lawn, landscape or other vegetated area is prohibited when it is currently raining or there is a forecasted chance of rain of fifty (50) percent or higher. 4. No Excessive Water Flow or Runoff Water or irrigation of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. 5. No Washing Down Hard or Paved Surfaces Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alley, is prohibited except when necessary to alleviate safety or sanitary hazards and then only by use of a hand -held bucket or similar container, a low- volume, high - pressure cleaning machine equipped to recycle any water used, or a low- volume high - pressure water broom. 6. Obligation to Fix Leaks, Breaks, or Other Malfunctions Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system, including that of irrigation systems, beyond a reasonable period of time after such escape of water should have been discovered and corrected, and in no event more than three (3) calendar days of receiving notice from the District, is prohibited. 7. Re- circulating Water Required for Water Fountains and Decorative Water Features Operating a water fountain or other decorative water feature that does not use re- circulated water is prohibited. 8. Limits on Washing Vehicles Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand -held bucket or similar container and /or a hand -held hose equipped with a positive self - closing water shut -off nozzle or device. This subsection does not apply to any commercial car washing facility. 9. Drinking Water Served Upon Request Only Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. 10. Commercial Lodging Establishments Must Provide Guests the Option to Decline Daily Linen Services Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language. 11. No Installation of Single Pass Cooling Systems Installation of single pass cooling systems is prohibited in buildings requesting new water service. 12. No Installation of Non -re- circulating water system in Commercial Laundry Systems Installation of non -re- circulating water systems is prohibited in new commercial laundry systems. 13. Restaurants Required to Use Water Conserving Dish Wash Spray Valves Food preparation establishments, such as restaurants or cafes, are prohibited from using non -water conserving dish wash spray valves. 14. Commercial Car Wash Systems Effective on July 1, 2009, all new commercial conveyor car wash systems must have installed operational re- circulating water systems, or must have secured a waiver of this requirement from the District. SECTION 2: Stage 1 - Water Supply Shortage (Water Use Reduction Goal — up to 10 %) A. A Stage 1 Water Supply Shortage exists when the District determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to "Condition 2: Water Supply Alert ". B. In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 1 Water Supply Shortage. 1. Limits on Watering Days Watering or irrigation of lawn, landscape or other vegetated area is limited to three (3) calendar days per week, in which odd numbered addresses are permitted to irrigate on Monday, Wednesday and Friday, and even numbered addresses are permitted irrigate Tuesday, Thursday and Saturday. No irrigation is permitted on Sunday. This subsection does not apply to any landscape irrigation system that exclusively use very low -flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. SECTION 3: Stage 2 - Water Supply Shortage (Water Use Reduction Goal- up to 20 %) A. A Stage 2 Water Supply Shortage exists when the District determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to "Condition 3: Water Supply Allocation of 5% through 15 % ". B. In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 2 Water Supply Shortage: 1. Limits on Watering Days Watering or irrigation of lawn, landscape or other vegetated area in the months of April through October, is limited to three (3) calendar days per week in which odd numbered addresses are permitted to irrigate on Monday, Wednesday and Friday, and even numbered addresses are permitted to irrigate on Tuesday, Thursday and Saturday. No irrigation is permitted on Sunday. In the months of November through March, irrigation is limited to two (2) calendar days per week, in which odd numbered addresses are permitted to irrigate Monday and Friday, and even numbered addresses are permitted to irrigate Tuesday and Saturday. This subsection does not apply to any landscape irrigation system that exclusively uses very low -flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 2. Obligation to Fix Leaks, Breaks, or Other Malfunctions Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should reasonably have been discovered and corrected and in no event more than two (2) calendar days of receiving notice from the District, is prohibited. SECTION 4: Stage 3 - Water Supply Shortage (Water Use Reduction Goal- up to 35 %) A. A Stage 3 Water Supply Shortage exists when the District determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to "Condition 3: Water Supply Allocation of 20% through 35 % ". In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 3 Water Supply Shortage: 1. Limits on Watering Days Watering or irrigation of lawn, landscape or other vegetated area in the months of April through October is limited to two (2) calendar days per week, in which odd numbered addresses are permitted to irrigate on Monday and Friday, and even numbered addresses are permitted to irrigate on Tuesday and Saturday. In the months of November through March, is limited to one (1) calendar day per week, in which odd numbered addresses are permitted to irrigate on Monday only and even numbered addresses are permitted to irrigate Saturday only This subsection does not apply to landscape irrigation systems that exclusively use very low -flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 2. Limits on Filling Swimming Pools & Spas Re- filling of more than one foot and initial filling of residential swimming pools or outdoor spas is prohibited. SECTION 5: Stage 4 - Water Supply Shortage - Emergency Condition (Water Use Reduction Goal- 40% or Greater) A. A Stage 4 Water Supply Shortage is also referred to as an "emergency" condition. A Stage 4 Water Supply Shortage exists when the District declares, in its sole discretion, a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to "Condition 3: Water Supply Allocation of 40% or greater". B. In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 4 Water Supply Shortage: 1. No Watering or Irrigating Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use: a. Maintenance of vegetation, including trees and shrubs, that are watered using a hand -held bucket or similar container, hand -held hose equipped with a positive self — closing water shut -off nozzle or device; b. Maintenance of existing landscape necessary for fire protection; c. Maintenance of existing landscape for soil erosion control; d. Actively irrigated environmental mitigation projects. 2. Obligation to Fix Leaks, Breaks, or Other Malfunctions Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should reasonably have been discovered and corrected and in no event more than one (1) calendar day of receiving notice from the District, is prohibited. 3. No New Water Service Upon declaration of a Stage 4 Water Supply Shortage Emergency condition, no new water service will be provided and no new temporary meters or permanent meters will be provided, except as is necessary to protect the public health, safety, and welfare. SECTION 6: Hardship Variance A. If, due to unique circumstances, a specific requirement of this ordinance would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a variance to the requirements as provided in this section. 1. Written Finding The variance may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property. 2. Application Application for a variance must be on a form prescribed by the Yorba Linda Water District (Exhibit A) and accompanied by a $25 non- refundable processing fee. 3. Supporting Documentation The application must be accompanied by photographs, maps, drawings, and other information showing why the request should be granted, including a written statement of the applicant. 4. Required Findings for Variance An application for a variance will be denied unless the District finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the District, all of the following: a. That the variance does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; b. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; c. That the authorizing of such variance will not be of substantial detriment to adjacent properties and will not be detrimental to the public interest; and d. That the condition or situation of the subject property or the intended use of the property for which the variance is sought is not common, recurrent or general in nature. e. That conservation is already being accomplished through the previous installation of water saving features. 5. Approval Authority The General Manager's Designee shall promptly act upon any completed application no later than seven (7) calendar days after submittal and may approve, conditionally approve, or deny the variance. The applicant requesting the variance shall be promptly notified in writing of any action taken (Exhibit J). Unless specified otherwise at the time a variance is approved, the variance will apply to the subject property during the period of the mandatory water supply shortage condition and if approved or conditionally approved, will apply from the date of approval only. Any previous violations and /or subsequent penalties are final. The decision of the General Manager's Designee can be appealed to the General Manager by written notice within seven (7) calendar days of the date of the denied waiver. The General Manager shall act upon an appeal within thirty (30) calendar days of the District's receipt of the applicant's appeal. The General Manager's decision shall be final. 6. Previous Violations Any approved or conditionally approved waiver is valid from the date in which it was approved or conditionally approved forward. Any previous violations and subsequent fines or penalties associated with those violations are final and will not be reimbursed. SECTION 7: Penalties and Violations A. Violations of any provisions of the ordinance herein must be personally observed by members of the District staff able to personally attest to them. The fines for such violations will be collected on the water bill. Failure to pay a fine amount will be treated as nonpayment of the water bill and water service may be terminated as a result. Protests for violations are allowable per Section 8 of this ordinance. The fines for such violations are as follows: 1. First Violation The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also mail a Notice of First Violation (Exhibit C) to the current billing address. 2. Second Violation A second violation within twelve (12) calendar months of the first violation is punishable by a penalty not to exceed one hundred dollars ($100). This amount will be added to the next water bill fifteen days after the date of the violation, if not protested. The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also send a Notice of Second Violation (Exhibit D) to the current billing address. 3. Third Violation A third violation within twelve (12) calendar months of the first or second violation is punishable by a penalty not to exceed two hundred and fifty dollars ($250). This amount will be added to the next water bill fifteen days after the date of the violation, if not protested. The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also send a Notice of Third Violation (Exhibit E) to the current billing address. 4. Fourth and Subsequent Violations A fourth and any subsequent violation within (12) calendar months of the first or any subsequent violation is punishable by a fine not to exceed five hundred dollars ($500). This amount will be added to the next water bill fifteen days after the date of the violation, if not protested. The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also send a Notice of Fourth and Subsequent Violations (Exhibit F to the current billing address. 5. Water Flow Restrictor Device In addition to any fines, the District, at the discretion of the General Manager, may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one -half inch size and comparatively sized restrictors for larger services. The restrictor will be installed by the District forty -eight (48) hours after a Notice of Intent to Install Flow Restrictor (Exhibit G) is sent to the current billing address. The restrictor will remain installed for a minimum of forty -eight (48) hours or such time as the General Manager, in his discretion, should decide. 6. Water Service Discontinuation In addition to any fines and the installation of a water flow restrictor, the District, at the discretion of the General Manager, may disconnect a customer's water service for willful violations of mandatory restrictions listed herein. The discontinuation of service will be imposed by the District forty -eight (48) hours after a Notice of Intent to Discontinue Service (Exhibit H) is sent to the current billing address, and will be imposed in the same process as disconnection pertaining to unpaid bills. A person or entity that violates this ordinance is responsible for payment of the District's charges for installing and /or removing any flow restricting device and for disconnection and /or reconnecting service per the District's schedule of charges then in effect. The charge for installing and /or removing any flow restricting device must be paid to the District before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates. B. In the event that the individual responsible for the payment of the water bill is not the violator of the ordinance, notification of penalties will go to both the violation address and the billing address on file, with any and all fines and associated charges. Payment of the bill will be the final responsibility of the individual named on the account. SECTION 8: Relief from Enforcement A. The District will issue a Notice of Violation (Exhibits C -F) by mail or personal delivery at least fourteen (14) calendar days before taking enforcement action, with the exception of fourth and subsequent violations. Such notice will describe the violation and the date by which corrective action must be taken. A customer wishing to protest the Notice of Violation must first seek administrative review by the District by filing a written Notice of Review (Exhibit 1) with the District no later than fourteen (14) days from the date of notice. Any Notice of Violation not timely protested will be final. Upon receipt of a timely protest, the protest will be fully reviewed by the General Manager, with a Notice of Decision (Exhibit J) sent to the customer by mail within thirty (30) days of appeal. The District will only grant relief if the violation claimed is not in violation of the provisions of the Ordinance, the claim of violation is factually incorrect, or the District finds in its discretion that a violation did not occur. Should the District deny the customer relief, the customer may appeal the denial of the protest by filing a Form SC 100 with the Small Claims division of the Superior Court within 25 days of the District's decision to deny the protest. (Gov. Code, § 53069.4 (b)(1); Cal. Code of Civ. Pro., § 1013 (a).) Pending receipt of a written appeal, and appeal to the Superior Court, the District may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water Stage condition. However, the District will not terminate water service while an appeal or hearing is still pending. SECTION 9: This Ordinance is Controlling To the extent that there is any inconsistency between this ordinance and the Urban Water Management Plan, any previous ordinances, resolutions, or other planning documents, or any other documents pertaining to water conservation or water use prohibitions, this ordinance shall prevail. PASSED AND ADOPTED this 14th day of May, 2009 by the following called vote: AYES: NOES: ABSENT: ABSTAIN John W. Summerfield, President ATTEST: Kenneth Vecchiarelli, Secretary Yorba Linda Water District Exhibit "A" Conservation Ordinance Waiver Application This Application is pursuant to Ordinance 09-01 Name Date (Last) (First) Address for Waiver (Street) (City) (Zip) Restriction Waiver is Requested For Pursuant to Ordinance 09-01, Section 6, if, due to unique circumstances, a specific requirement of the Ordinance restrictions would result in undue hardship to a person using water or to property upon which water is used that is disproportionate to the impacts to water users generally or to similar property or classes of water users to the individual or property at the above address a waiver may be granted. The waiver may be granted, conditionally granted or denied based upon any included support documents and the paid non-refundable Application Processing Fee of$25. These documents can include a written statement of explanation, photographs, maps, drawings, etc. Proof of previous conservation through the installation of water saving features must also be included in the supporting documentation in order for the waiver to be granted or conditionally granted. Exclusion of this proof is grounds for denial of the waiver. Further, pursuant to Ordinance 09-01, Section 6, the General Manager's Designee will act upon any completed application no later than seven (7) days after receipt of the waiver application with a Notice of Decision (Exhibit J) sent to the address requesting the waiver. The decision of the Designee can be appealed to the General Manager, with the completion of another application within seven (7) days of the date of denied waiver. The decision of the General Manager will be final. If approved, or conditionally approved, this waiver is valid only from the date approved or conditionally approved, forward. Any previous violations and subsequent fines or penalties incurred are final and will not be reimbursed retroactively. I understand that any information provided on this form or in supporting documentation that is found to be willfully falsified shall result in an automatic denial of the application. Signature FOR OFFICE USE ONLY Application Fee Paid Approved First Application Conditionally Approved Second Application Denied - - --- - - -- - - - - - - - - - - -- - - - - - - - - - - - - - - - - % - - -- - - - - - - - - - - -- - - - - - - - - - - - - - - - - I \ I I . , \ I Exhibit "B" I \ I � \ I I I � , I \ � I I � I I � I � Yorba Linda I I Water District I As the water supply situation worsens, conserva- tion and water use efficiency remain key factors. Please help to do your part. I We were in the area and wanted to make you aware of the following restriction: I ❑ Watering between 9am and 6pm ❑ Watering more than 15 min pei station per day I � I ❑ Excessive Water Flow/Runoff ' I � ❑ Washing down of hard surfaces I I � I � I ❑Watering when it is raining ' I � I � ❑ Other ' I � I � Need Help? I � I I � I � Check out the other side of this hanger for I � information on Rebates & Conservation Tips I I � Issued byYLWD Employee No. I � Date: I I � ' Pursuant to Ordinance XX-XX, this Doorhanger serves as a I Notice of Violation I � I � ` - -- - - - - - -- - - - - - - - - - - -- - -- - - - - - - - -- - -- J -- - - - - - - - - - - - - - -- - - - - - - - - - - -- - - -/- - -- - I / , ♦ I I ♦ / I I I I , I , / I , ♦ I I ♦ ♦ t I I I I I 1 1 I � / I I � ♦ I I � I I � I � Yorba Linda I I Water District I I I I I Please Do YOUR Part To Help Conserve Water! I I � I I CONSERVATION TIPS 46 Limit watering to 15 min. per station per day. ; 1 46 Refrain from washing down drive-ways, ; sidewalks or patios. I � ' 46 Adjust sprinkers to eliminate overspray I I I and runoff. , 46 Step on your grass to check if it needs to ; be watered. If it pops back up, it doesn't. ; 46 Promptly repair all leaks, including those , within your sprinkler system. ; I I I I REBATES I I � Both Indoor & Outdoor Rebates are available! Online rebate forms can be found at: ; I www.socalwatersmart.com I I www.ylwd.com I I I I � I � More conservation tips can be found at: ; www.ylwd.com ' I � 714-701-3000 ; I � I � ` - - - - - - - - - - - - - - - -- - - - - - - - - - - -- - - - - - - - - J Yorba Linda Water District Exhibit "C" Date Re: Pursuant to Ordinance 09-01, First Violation, Case No. Dear Customer, We wanted to bring to your attention Ordinance 09-01, passed by the Yorba Linda Water District Board of Directors on May 14, 2009. A District employee was in your area and noticed an inadvertent violation on the following date, at the following address: This ordinance, like many similar throughout California, was passed in reaction to the worsening water crisis. California has had one of the driest years on record, with eight of the past ten years meeting drought-level conditions and the Governor of the State of California proclaimed a state-wide drought and issued a State of Emergency, requesting that all water users reduce their water use by twenty (20) percent. We, at the Yorba Linda Water District, are committed to assisting our customers meet this request by focusing on the reduction of water waste and the efficiency of water that is used. Rebates for both indoor and outdoor products and conservation tips are available through the District website at www.vlwd.com. Please review the included Ordinance and feel free to contact us if you have any questions about its implementation. Due to unique circumstances, should you require an exemption from these restrictions, due to unique circumstances which create a hardship, a request for a Hardship Waiver can be submitted to the District. The Conservation Ordinance Waiver Application is available at the District Administrative Offices and through the District website. Upon submittal of the request for a variance to the District, the District staff will review the request and either approve, conditionally approve, or deny the waiver. If approved, the waiver is applicable from that date forward. Any previous violations will not be reimbursed retroactively. Thank you, in advance, for your commitment to water use efficiency. Sincerely, Cindy Botts Management Analyst Yorba Linda Water District Exhibit "D" Date Notice of Second Violation This Notice is issued pursuant to Ordinance 09-01 Violation Case No. Date Issued Location of Violation I. Violations The following violations of District Ordinance 09-01 have been witnessed as occurring on said property by a District employee: II. Corrective Actions The following corrective action is required: III. Date for Compliance/Penalties You have been assessed a penalty for the above violations in the amount of one hundred ($100) dollars. This penalty will appear on your water bill after fourteen (14) days, if not appealed. The account is subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required within fourteen (14) days to avoid future violations. Future violations will also incur penalties pursuant to Ordinance No. 09-01, Section 7a. A copy of the full Ordinance is attached. This order shall become final unless you file a protest with the District no later than the close of business fourteen (14) days after the date of this Notice of Violation. The Notice of Appeal is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: Yorba Linda Water District Exhibit "E" Date Notice of Third Violation This Notice is issued pursuant to Ordinance 09-01 Violation Case No. Date Issued Location of Violation I. Violations The following violations of District Ordinance 09-01 have been witnessed as occurring on said property by a District employee: II. Corrective Actions The following corrective action is required: III. Date for Compliance/Penalties You have been assessed a penalty for the above violations in the amount of two hundred and fifty ($250) dollars. This penalty will appear on your water bill after fourteen (14) days, if not appealed. The account is subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required within fourteen (14) days to avoid future violations. Future violations will also incur penalties pursuant to Ordinance No.09-01 , Section 7a. A copy of the full Ordinance is attached. This order shall become final unless you file a protest with the District no later than the close of business fourteen (14) days after the date of this Notice of Violation. The Notice of Appeal is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: Yorba Linda Water District EXHIBIT "F" Date Notice of Fourth and Subsequent Violation This Notice is issued pursuant to Ordinance 09-01 Violation Case No. Date Issued Location of Violation I. Violations The following violations of District Ordinance 09-01 have been witnessed as occurring on said property by a District employee: II. Corrective Actions The following corrective action is required: III. Date for Compliance/Penalties You have been assessed a penalty for the above violations in the amount of five hundred ($500) dollars. This penalty will appear on your water bill after fourteen (14) days, if not appealed. In addition to the penalty, the District may install a water flow restrictor device (48/48 Program) and/or may disconnect service for willful violations, pursuant to Ordinance 09-01. The installation of a restrictor and/or the disconnection of service may become effective within forty-eight (48) hours, by separate notice. The account is also subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required within fourteen (14) days to avoid future violations. Future violations will also incur penalties pursuant to Ordinance No. 09-01, Section 7a. A copy of the full Ordinance is attached. This order shall become final unless you file a protest with the District no later than the close of business fourteen (14) days after the date of this Notice of Violation. The Notice of Appeal is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: Yorba Linda Water District Exhibit "G" Date Notice of Intent to Install Flow Restrictor This Notice is issued pursuant to Ordinance 09-01 Violation Case No. Date Issued Location of Violation This notice is in regard to the receipt of a Fourth or Subsequent Violation (Exhibit "F"). Pursuant to Ordinance 09-01, Section 7a, in addition to any fees assessed, the District may install a water flow restrictor device (48/48 Program) and/or may disconnect service for willful violations. The restrictor will be installed by the District forty-eight (48) hours after a Notice of Intent to Install Flow Restrictor (Exhibit G) is sent to the current billing address. The restrictor will allow approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services, and will remain installed for a minimum of forty-eight (48) hours. Removal of the flow restrictor is at the discretion of the General Manager. Further, pursuant to Ordinance 09-01, Section 7a, payment of the District's charges for installing and/or removing any flow restricting device and for disconnection and/or reconnecting service per the District's schedule of charges then in effect will be included on the customer's water bill. The charge for installing and/or removing any flow restricting device must be paid to the District before the device is removed. The account is also subject to disconnect if any and all penalties are not paid in a timely manner. Due to unique circumstances, should you require an exemption from these restrictions, a Hardship Waiver can be submitted to the District, and is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Kenneth R. Vecchiarelli, General Manager Signature: Yorba Linda Water District Exhibit "H" Date Notice of Intent to Disconnect Service This Notice is issued pursuant to Ordinance 09-01 Violation Case No. Date Issued Location of Violation This notice is in regard to the receipt of a Fourth or Subsequent Violation (Exhibit "F"). Pursuant to Ordinance 09-01, Section 7a, in addition to any fees assessed, the District may install a water flow restrictor device (48/48 Program) and/or may disconnect service for willful violations. The discontinuation of service will be imposed by the District forty-eight (48) hours after a Notice of Intent to Discontinue Service (Exhibit H) is sent to the current billing address. Further, pursuant to Ordinance 09-01, Section 7a, payment of the District's charges for installing and/or removing any flow restricting device and for disconnection and/or reconnecting service per the District's schedule of charges then in effect will be included on the customer's water bill. The charge for disconnection and/or reconnecting services must be paid to the District before the service is restored. The account is also subject to disconnect if any and all penalties are not paid in a timely manner. Due to unique circumstances, should you require an exemption from these restrictions, a Hardship Waiver can be submitted to the District, and is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Kenneth R. Vecchiarelli, General Manager Signature: Yorba Linda Water District Exhibit "I" Notice of Review This notice is pursuant to Ordinance 09-01 Name Date (Last) (First) Address for Waiver/Violation Appeal (Street) (City) (Zip) Violation No. (if applicable) Pursuant to Ordinance 09-01, if, due to unique circumstances, a specific requirement of the Ordinance restrictions would result in undue hardship, additional supporting documents are found, or the violation was made in error, an appeal can be submitted to the District no later than the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. The waiver may be granted, conditionally granted or denied based upon any included support documents. These documents can include a written statement of explanation, photographs, maps, drawings, etc. Further, pursuant to Ordinance 09-01, Section 7, the General Manager's Designee will act upon any completed Notice of Review (Exhibit I) no later than seven (7) calendar days after receipt of the appeal with a Notice of Decision (Exhibit J) sent to the address requesting the appeal. The decision of the Designee can be appealed to the General Manager, with the completion of another application within seven (7) days of the date of denied waiver. The General Manager will act upon the appeal within thirty (30) calendar days. The decision of the General Manager is final. I understand that any information provided on this form or in supporting documentation that is found to be willfully falsified shall result in an automatic denial of the appeal. Signature FOR OFFICE USE ONLY Approved Conditionally Approved Denied Yorba Linda Water District Exhibit "J" Notice of Decision This notice is pursuant to Ordinance 09-01 Pursuant to Ordinance 09-01, if, due to unique circumstances, a specific requirement of the Ordinance restrictions would result in undue hardship, additional supporting documents are found, or the violation was made in error, an appeal can be submitted to the District no later than the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. The waiver may be granted, conditionally granted or denied based upon any included support documents. These documents can include a written statement of explanation, photographs, maps, drawings, etc. Pursuant to Ordinance 09-01, Section 6, the General Manager's Designee will act upon any completed Notice of Notice of Appeal no later than seven (7) calendar days after receipt of the appeal. Unless specified otherwise at the time approved, the variance will apply to the subject property during the period of the mandatory water supply shortage condition and if approved or conditionally approved, will apply from the date of approval only. Any previous violations and/or subsequent penalties are final. The decision of the General Manager's Designee can be appealed to the General Manager by written notice within seven (7) calendar days of the date of the denied waiver. The General Manager shall act upon an appeal within thirty (30) calendar days after receipt of the appeal with a Notice of Decision sent to the address requesting the appeal. The decision of the General Manager shall be final in the case of an appeal for a waiver. In the case of an appeal of a violation fine, should the District deny the customer relief, the customer may appeal the denial of the protest by filing a Form SC 100 with the Small Claims division of the Superior Court within 25 days of the District's decision to deny the protest. (Gov. Code, § 53069.4 (b)(1); Cal. Code of Civ. Pro., § 1013 (a).) Request for Appeal of: Waiver Violation Request Decision: Approved Conditionally Approved Denied Decision Reason: Issued by: Kenneth R. Vecchiarelli, General Manager Signature: Date: ]Water Yorba Linda District Ordinance 09 -01 Violation Log Exhibit "K" Name of Customer & Violation Observed Date & Time Door Hanger Employee Signature & Employee Number Street Address where Left at Violation was observed Address of In compliance with California Code of Civil Procedure § 2015.5, in signing this declaration I do hereby declare under penalty ofperjury that Violation? the foregoing is true and correct: Customer Name: Watering between 9am & 6 pm Water more than 15 minutes per Date: YES Date: Customer Address: station per day _Excess Water Flow /Runoff Place: California down of hard surfaces _Washing _Watering when it is raining Signature Other: Time: NO Employee # Customer Name: Watering between 9am & 6 pm Water more than 15 minutes per Date: YES Date: Customer Address: station per day _Excess Water Flow / Runoff Place: California _Washing down of hard surfaces _Watering when it is raining Signature Other: Time: NO Employee # Customer Name: Watering between 9am & 6 pm Water more than 15 minutes per Date: YES Date: Customer Address: station per day _Excess Water Flow / Runoff Place: California _Washing down of hard surfaces _Watering when it is raining Signature Other: Time: NO Employee # Customer Name: Watering between 9am & 6 pm Water more than 15 minutes per Date: YES Date: Customer Address: station per day _Excess Water Flow /Runoff Place: California down of hard surfaces _Washing _Watering when it is raining Signature Other: Time: NO ®Yorba Linda Water District Ordinance 09 -01 Violation Log Exhibit "K" Employee # 11• Water Conservation Ordinance Presented to: YLWD Board of Directors May 14, 2009 w Yarba Linda Water D1str�ct Where YLWD - Gets Its Water Transfers & Storage Local Supplies LA Aqueduct State Water Colorado River ProjectLA. Aqueduct Entitlement River Local Supplies Groundwater& Recycling 11• Current Water Supply Situation Colorado River = 1.1 MAF State Water Project (20%) = 0.415 MAF Pull from Storage/Transfers= 0.380 MAF Total Supplies - 1.90 MAF Demands = 2.1-2.2 MAF Supply Gap = 0.20-0.30 MAF To meet the Suaply Gaa MET needs a 10% to 15 shortaae reduction Labe Oro�ille 2008 r ' 11• Labe Mead 2008 i Call for Conservation OC Grand Jury- 10% ➢ MET- 10% MWDOC- 10% OCWD- 20% Governor's State of Emergency- Feb. 09 5/18/2009 ■Anaheim 200 1 ■Brea ■Buena Park 180 ■El Toro WD ■Fountain Valley 160 -� ■Fullerton ■Garden Grove 140 -�� ■Golden State ■Huntington Beach 120 ■Irvine Ranch ■La Habra 100 ■Laguna Beach CWD ■Mesa Consolidated WD 80 ■Nouton Niguel WD ■Newport Beach 60 ■Orange ■San Clemente 40 ■San Juan Cap ■Santa Ana 20 ■Santa Margarita ■South Coast WD 0 ■Trabuco Canyon ■Tustin Water Usage ■Westminster ■YLWD Organization • • • • Ordinance• • Permanent Requirements 4 Stages Violations/ Notices Appeal Waiver Process 4 11• Permanent Requirements MET Requirements Limits on Watering Hours: gam- bpm Limits on Watering Duration: 15min/ station/day No Watering During Rain No Runoff No Washing Down of Paved Surfaces Obligation to Fix Leaks: 3 days 11• BMP Requirements Re-Circulating Water Required for Water Features & Fountains No Single-Pass Cooling Systems Re-Circulated Water System Used In Commercial Laundry Systems Re-Circulating Water Systems Required for New Car Washes Staff Additions Limits on Washing Vehicles: Bucket and/or Positive Shut-off Nozzle Drinking Water Served Only on Request Hotels Must Provide the Option to Decline Daily Laundering Restaurants Required to Use Water Conserving Dish Wash Spray Valves 5/18/2009 Conservation 10% 10-20% 20-35% 35%+ Goal Days of 3 days/wk 3 days/wk:Apr-Oct 2 days/wk:Apr-Oct None Irrigation (Odd/Even2 days/wk:Nov-Mar 1 days/wk:Nov-Mar ) Leaks 3 days 2 days 2 days 1 day Pool/Spas No No 1 ft 1 ft Restrictions Restrictions No Initial Filling No Initial Filling New Water No No No No New Service Restrictions Restrictions Restrictions Water Service Violations . Notices 1st Violation 2nd Violation 3rd Violation 4th Violatio Door han0- ,so 0 eAdditional None None None Flow Restrictor Penalties And/or Disconnection 7 11• Appeal Process File Notice of Review (Exhibit I) no later than 14 days after the date of Violation Reviewed by General Manager Notice of Decision (Exhibit J) sent to customer within 30 days Can be further appealed to the Superior Court within 25 days of District's decision Waiver Process Exhibit A $25 Non-Refundable Processing Fee Required: . Does not constitute a grant of special privileges . Due to special circumstances, there would be a disproportionate impact • Granting of the variance would not be detrimental to adjacent properties . The situation is not common, recurrent or general 11• Waiver Process Continued Approval Authority: . General Manager's Designee, within 7 days . Can be Approved, Conditionally Approved or Denied . Is valid from the Date of Approval only . Decision can be appealed to the General Manager . General Manager's decision is FINAL Ordinance Evaluation Process March 17, 2009: Ordinance reviewed by EAO Committee March 19, 2009: Implementation Plan reviewed by PIT Committee April 6, 2009: Ordinance reviewed by CAC Committee April 7, 2009: Implementation Plan reviewed by PIT Committee April 8, 2009: Ordinance reviewed by EAO Committee April 21 , 2009: Ordinance reviewed by CAC Committee 11• Next Steps ➢ Implementation Plan: May-Jun 2009 ➢ Effective Date: July 1 , 2009 Implementation Plan Advertisements YL Star/ PL News-Tim Water Conservation Webpage on Website Goal vs. Actual Conservation -"gas gauge" E-blast notification to our Customer Mailing List Automated Phone Call Ordinance Intro Brochure Bill Stuffer Monthly Updates to Customers Sandwich Board Signs on Major Street Corners 10 11• Questions ITEM NO. 7.1 AGENDA REPORT Meeting Date: May 14, 2009 Subject: Minutes of the Regular Board of Directors Meeting Held April 9, 2009 STAFF RECOMMENDATION: Approve the minutes as presented. ATTACHMENTS: Nami Description: Type: 040909 BOD - Minutes.doc April 9,2009 Board Meeting Minutes Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/14/2009 BM/PA 4-0 Director Collett Absent MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING April 9, 2009 The April 9, 2009 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Summerfield at 6:30 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. DIRECTORS PRESENT John W. Summerfield, President William R. Mills, Vice President Paul R. Armstrong Michael J. Beverage Ric Collett STAFF PRESENT Ken Vecchiarelli, General Manager Pat Grady, Assistant General Manager Art Kidman, General Counsel Steve Conklin, Engineering Manager Lee Cory, Operations Manager Diane Cyganik, Finance Director Gina Knight, HR Manager Cindy Botts, Management Analyst Annie Alexander, Executive Secretary ADDITIONS /DELETIONS TO THE AGENDA Mr. Vecchiarelli stated that a Closed Session for Item No. 20 was no longer needed. Item No. 20 was removed from the agenda. President Summerfield announced that Items No. 13 and 21 would be taken out of order and would immediately follow approval of the Consent Calendar. PUBLIC COMMENTS None. SPECIAL RECOGNITION None. CONSENT CALENDAR On a motion by Director Beverage, seconded by Director Mills, the Board voted 5 -0 to approve the Consent Calendar. Minutes of the Board of Directors Workshop Meeting held March 23, 2009 Recommendation. Approve the minutes as presented. 2. Minutes of the Regular Board of Directors Meeting held March 26, 2009 Recommendation. Approve the minutes as presented. 3. Payment of Bills, Refunds, and Wire Transfers Recommendation. Ratify and authorize disbursements in the amount of $1,859,845.93. 4. Progress Payment No. 11 for the Highland Reservoir Replacement Project Recommendation. Approve Progress Payment No. 11 in the net amount of $365,462.60 to Schuler Engineering Corporation and 10% retention of $40,606.96 deposited to Citizens Business Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No. 200309. 5. Damage Claim Filed by Michael Burns, 19926 Trotter Lane, Yorba Linda Recommendation. That the Board of Directors reject the claim filed by Michael Burns. 6. Damage Claim Filed on Behalf of loan Marc, 5052 Grandview Avenue, Yorba Linda Recommendation. That the Board of Directors reject the claim filed on behalf of loan Marc. ACTION CALENDAR The following items were taken out of order: 13. Legal Services for Upcoming Labor Negotiations Mr. Vecchiarelli introduced Richard Kreisler, Senior Partner of Liebert Cassidy & Whitmore. Ms. Knight then explained that the District currently used Liebert Cassidy & Whitmore for representation in employment related matters with positive results. Staff is recommending that the Board engage the services of Mr. Kreisler to represent the District and provide legal counsel during the meet and confer process with the District's negotiating team and Employee Association. Mr. Kreisler then responded to questions from the Board. Director Collett stated that the Personnel -Risk Management Committee had discussed the matter at its April 1St meeting and agreed with staff's recommendation. On a motion by Director Collett, seconded by Director Armstrong the Board voted 5 -0 to authorize the General Manager to engage the services of Richard Kreisler, of Liebert Cassidy & Whitmore to provide employment relations services for the District's Labor Negotiations with the Yorba Linda Water District's Employee Association. On a motion by Director Beverage, seconded by Director Collett, the Board adjourned to Closed Session at 6:39 p.m. All Directors were present. Also present were Messrs. Vecchiarelli, Grady and Kreisler, and Ms. Knight. 21. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Pat Grady Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association K On a motion by Director Armstrong, seconded by Director Collett, the Board reconvened in Open Session at 7:08 p.m. President Summerfield reported that no action was taken during Closed Session that was required to be reported under the Brown Act. 7. Sewer Acreage Fee Agreement with Shapell Industries, Inc. Director Beverage announced that he would need to recuse himself from this item as the agreement was with a company who was a source of income. Director Beverage excused himself from the meeting at this time. Mr. Conklin explained that Shapell Industries, Inc. had requested preparation of an agreement for Vesting Tentative Tract Map 16208 in light of changes mutually agreed upon in the scope of Sewer obligations that were required due to construction issues. The Planning- Engineering- Operations Committee reviewed the Agreement at its April 2nd meeting and supports staff's recommendation. On a motion by Director Mills, seconded by Director Armstrong the Board voted 4 -0 to authorize the President and Secretary to execute an Acreage Fee Agreement with Shapell for Vesting Tentative Tract Map 16208, subject to prior execution of the Agreement by Shapell. Director Beverage rejoined the meeting at this time. 8. Change Order No. 6 for the Lakeview Reservoir Project Mr. Conklin explained that due to the rains the previous month, work on the site had been delayed. SSC Construction, Inc. has submitted a request for a time extension of 21 calendar days in order to complete the project. On a motion by Director Mills, seconded by Director Armstrong the Board voted 5 -0 to approve Change Order No. 6 adding 21 calendar days for construction of the Lakeview Reservoir Project, Job No. 200704. 9. Professional Services Agreement Amendment for Environmental Compliance Services for the Highland Reservoir Replacement Project Mr. Conklin stated that BonTerra Consulting had submitted a contract amendment request for additional environmental services needed to comply with CEQA requirements not included in the original scope of work. Because the reservoir was key structure in an early 20th Century California water system, photographs and documentation of the existing reservoir are required to comply with the conditions of the Historic American Engineering Record. The Planning - Engineering- Operations Committee reviewed the request at its April 2nd meeting and suggested that the final report be provided to the District, the City of Yorba Linda and the Yorba Linda City Library due to its historical significance. On a motion by Director Mills, seconded by Director Beverage the Board voted 5 -0 to authorize an amendment to the Professional Services Agreement with Bon Terra Consulting in the amount of $15,700 for additional environmental compliance services for the Highland Reservoir Replacement Project, Job No. 200309. K3 10. Award of Geotechnical Engineering Services for the Hidden Hills Reservoir Project Mr. Conklin explained that staff had solicited proposals from five firms for geotechnical engineering services in anticipation of construction of the Hidden Hills Reservoir. Only two of the five firms submitted a proposal for the project. Staff has reviewed the proposals and recommend award to Leighton Consulting, Inc. On a motion by Director Mills, seconded by Director Armstrong the Board voted 5 -0 to authorize execution of a Professional Services Agreement for Geotechnical Engineering Services with Leighton Consulting, Inc. for the Hidden Hills Reservoir Project in the amount of $94,558. 11. Rebuild of Engine No. 5 at Highland Booster Station Mr. Cory stated that until the replacement booster station was completed, the existing pumps and motors would need to be maintained to operate at maximum efficiency which will require a major rebuild of the natural gas engine driver for Pump No. 5. Only one estimate for the work was received from Cummins Engine Company for approximately $45,000. Staff will save $5,000 from the estimate by removing the old engine themselves. On a motion by Director Beverage, seconded by Director Mills the Board voted 5 -0 to authorize the General Manager to execute a Purchase Order with Cummins Engine Company in the amount not to exceed $40,000 to rebuild the Highland Booster Pump Station Engine No. 5. 12. Resolution Supporting the Santa Ana River Watershed Integrated Regional Water Management Plan Mr. Conklin explained that the Santa Ana Watershed Project Authority had requested the District adopt a Resolution in support of the "One Water One Watershed" Integrated Regional Water Management Plan to help secure funding for resources in the region. The Planning- Engineering- Operations Committee reviewed the Resolution at its meeting held April 2nd and supports staff's recommendation. On a motion by Director Mills, seconded by Director Beverage the Board voted 5 -0 on a Roll Call to adopt Resolution 09 -05 supporting the "One Water One Watershed" Santa Ana River Watershed Integrated Regional Water Management Plan and its submittal to the Department of Water Resources for Proposition 84 Funding, and authorize the General Manager to send a response letter to Santa Ana Watershed Project Authority staff. 13. Legal Services for Upcoming Labor Negotiations This item was taken out of order. 14. Draft Water Conservation Ordinance Mr. Grady provided a brief PowerPoint presentation highlighting the purpose of and need for the Ordinance, permanent requirements, water supply shortage stages, violations and notices, and the appeals and waivers process. Mr. Grady also reviewed the evaluation process and implementation plan for the Ordinance. Staff is requesting that the Board set a public hearing for May 14, 2009 at 6:30 n p.m. to receive testimony from the public. Staff then responded to questions from the Board. Michael Marien addressed the Board regarding specific sections of the Ordinance. Further discussion of the Ordinance then followed. On a motion by Director Beverage, seconded by Director Mills the Board voted 5 -0 to set a public hearing for May 14, 2009 at 6.30 p.m. to solicit feedback and testimony from the public. DISCUSSION ITEMS 15. Status of Hidden Hills Reservoir Project Mr. Conklin reported that the remainder of the construction awards related to the project were now complete. The State Parks Department has approved the necessary permit and all related insurance requirements have been met. Staff expects to be breaking ground soon. REPORTS, INFORMATION ITEMS AND COMMENTS 16. a. President's Report No report was given. b. Directors' Reports Director Collett stated that he would not be in attendance for the public hearing and had attended the first meeting of the Citizens Advisory Committee. C. General Manager's Report Mr. Vecchiarelli reported that he had attended the AWWA conference and provided a presentation regarding the lessons learned from the Freeway Complex Fire. The presentation was well received. d. Future Agenda Items and Staff Tasks None. COMMITTEE REPORTS 17. a. Executive - Administrative - Organizational Committee (Summerfield /Mills) Alternate. Collett 1) Minutes of meeting held April 8 were provided at the meeting. Directors Summerfield and Mills attended. The second revision of the draft Water Conservation Ordinance was discussed during the meeting. 2) Meeting scheduled for April 21, 4:00 p.m. 61 b. Finance - Accounting Committee (Beverage /Summerfield) Alternate. Mills 1) Meeting scheduled for April 14, 4:00 p.m. C. Personnel -Risk Management Committee (Armstrong /Collett) Alternate. Summerfield 1) Minutes of meeting held April 1 were provided in the agenda packet. Directors Armstrong and Collett attended. Items discussed during the meeting were as follows: damage claims; status of personnel on Administrative Leave and risk management activities; A Closed Session regarding labor negotiations with the YLWD Employees Association was also held. 2) Meeting scheduled for May 11, 4:00 p.m. d. Planning- Engineering- Operations Committee (Mills /Armstrong) Alternate. Beverage 1) Minutes of meeting held April 2 were provided at the meeting. Directors Mills and Armstrong attended. Items discussed during the meeting were as follows: Change Order No. 6 for the Lakeview Reservoir Project; Professional Services Agreement for Environmental Compliance Services for the Highland Reservoir Replacement Project; Award of Geotechnical Engineering Services for the Hidden Hills Reservoir Project; Resolution supporting the Santa Ana River Watershed Integrated Regional Water Management Plan; Shapell Pre - Annexation Acreage Fee Agreement; 2009/10 preliminary CIP budget; monthly groundwater production, purchased water and preventative maintenance program reports; monthly MWDOC Managers and OC Groundwater Producers meeting summary reports; status report on capital projects in progress; and plan for expansion of groundwater supply. 2) Meeting scheduled for May 7, 4:00 p.m. e. Public Information - Technology Committee (Collett /Beverage) Alternate. Armstrong 1) Minutes of meeting held April 7 were provided at the meeting. Directors Collett and Beverage attended. Items discussed during the meeting were the Water Conservation Ordinance Implementation Plan and Budget and the 2009/10 Public Information budget. 2) Meeting scheduled for May 5, 4:00 p.m. C.1 f. MWDOC /OCWD Ad Hoc Committee (Mills /Collett) Alternate: Summerfield 1) Meeting scheduled for May 26, 4:00 p.m. g. Revenues and Rates Ad Hoc Committee (Collett /Mills) 1) Meeting scheduled for April 28, 4:00 p.m. h. City of Placentia Ad Hoc Committee (Beverage /Vecchiarelli) 1) Meeting to be scheduled. Citizens Advisory Committee 1) Minutes of meeting held March 31 were provided in the agenda packet. Items discussed during the meeting were as follows: introductions of Board, staff and Committee members; Committee Guidelines and Brown Act requirements; near term and future goals and objectives; District's distribution system; water supply shortage; and the Draft Water Conservation Ordinance and Implementation Plan. 2) Minutes of meeting held April 6 were provided at the meeting. Items discussed during the meeting were as follows: water conservation; meeting schedule; Colorado River, MWD Diamond Valley Tours and Orange County Water Summit; and Draft Water Conservation Ordinance and Implementation Plan. A short tour of the District's facilities was also conducted. 3) Meeting scheduled for April 21, 4:00 p.m. INTERGOVERNMENTAL MEETINGS 18. a. MWDOC /MWD Workshop, April 1 (Staff) Mr. Vecchiarelli attended and commented on the Colorado River and State Water Project allocations which were discussed during the meeting. b. OCWD Board, April 1 (Staff) Mr. Vecchiarelli attended and commented on the budget which was discussed at the meeting. C. Yorba Linda City Council, April 7 (Mills) Director Mills attended and made note of some items on the agenda including the closure of Main Street to accommodate a car show and the discussion of hiring Sacramento Advocates as a lobbyist to represent the City. BOARD OF DIRECTORS ACTIVITY CALENDAR rA Authorization to attend meetings scheduled after April 9, 2009. Agenda is available in the District office prior to meeting. ADHI Finance - Accounting Committee, Apr 14, 4:00 p.m. Beverage / Summerfield MWDOC Board, Apr 15, 8:30 a.m. Staff OCWD Board, Apr 15, 5:00 p.m. Staff Yorba Linda Planning Commission, Apr 15, 7:00 p.m. Collett Citizens Advisory Committee, Apr 21, 4:00 p.m. Staff Executive - Admin- Organizational Committee, Apr 21, 4:00 p.m. Summerfield /Mills Yorba Linda City Council, Apr 21, 6:30 p.m. Armstrong District Board Meeting, Apr 23, 8:30 a.m. Beverage / Summerfield Revenues and Rates Committee, Apr 28, 4:00 p.m. Collett/Mills Yorba Linda Planning Commission, Apr 29, 7:00 p.m. Summerfield M av Citizens Advisory Committee, May 4, 8:00 a.m. Staff Public Information - Technology Committee, May 5, 4:00 p.m. Collett/Beverage Yorba Linda City Council, May 5, 6:30 p.m. Mills MWDOC /MWD Workshop, May 6, 7:30 a.m. Staff OCWD Board, May 6, 5:00 p.m. Staff Planning- Engineering- Operations Committee, May 7, 4:00 p.m. Armstrong /Beverage Personnel -Risk Management Committee, May 11, 4:00 p.m. Armstrong /Collett Finance - Accounting Committee, May 12, 4:00 p.m. Beverage / Summerfield Yorba Linda Planning Commission, May 13, 7:00 p.m. Summerfield District Board Meeting, May 14, 6:30 p.m. Executive - Admin- Organizational Committee, May 19, 4:00 p.m. Summerfield /Mills Yorba Linda City Council, May 19, 6:30 p.m. Armstrong MWDOC Board, May 20, 8:30 a.m. Staff OCWD Board, May 20, 5:00 p.m. Staff Holiday, May 25 District Offices Closed MWDOC /OCWD Ad Hoc Committee Meeting, May 26, 4:00 p.m. Mills /Collett Yorba Linda Planning Commission, May 27, 7:00 p.m. Collett District Board Meeting, May 28, 8:30 a.m. CONFERENCES AND SEMINARS 19. None. CLOSED SESSION Item No. 20 was removed from the agenda. 20. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Subdivision (b)(1)(b) of Section 54956.9 of the California Government Code Number of Potential Cases: Unknown The exposure to litigation arises from assertions of District responsibility for property and related losses incurred during the "Freeway Complex" firestorm of November 15 and 16, 2008. Item No. 21 was taken out of order. E:3 21. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Pat Grady Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association ADJOURNMENT The meeting adjourned at 8:33 p.m. The next meeting of the Board of Directors is scheduled for April 23, 2009, at 8:30 a.m. 10.1 Meeting Date: To: From: Presented By: Prepared By: Subject: SUMMARY: AGENDA REPORT May 14, 2009 Board of Directors Ken Vecchiarelli, General Manager Budgeted: Total Budget: Cost Estimate: Funding Source: Account No: Job No: Diane Cyganik, Finance Director Dept: Reviewed by Legal Maria Trujillo, Accounting CEQA Compliance: Assistant I Payments of Bills, Refunds, and Wire Transfers ITEM NO. 7.2 Yes N/A $660,581.13 All Funds N/A N/A Finance N/A N/A 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. Due to an extremely light agenda, the regularly scheduled meeting on April 23, 2009 was canceled. Staff obtained authorization from the Board President to release the disbursements that would have been approved by the Board at the April 23rd meeting with ratification to take place at the May 14th meeting. Pursuant to law, staff is hereby submitting this list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify disbursements in the amount of $660,581.13. DISCUSSION: The wire transfers and major items on this disbursement were as follows: wires in the amount of $110.94 to Bank of America for the March 2009 visa payment, $147,627.69 to MWDOC for February 2009 water purchase, and $5,521.75 to Parsons for March 2009 services; and, checks in the amount of $57,005.17 to McCormick, Kidman & Behrens for March 2009 services, $52,352.36 to Southern California Edison Company for March 2009 electrical services, and $51,874.00 to General Pump Company for upgrades to Booster Pump and Motor No. 2 at the Highland Booster Pump Station. The balance of $112,525.48 were routine invoices. ADP is now issuing our payroll checks, with the exception of the third party checks, listed below. In summary, the check register total was $427,017.39; payroll No. 7 total was $233,563.74; and, the disbursements of this agenda report are $660,581.13. A summary of the checks are as follows: Payables: Manual Check Check No. 51347 Computer Checks Check Nos. 51348 - 51432 Pavroll #7: Manual Checks Check Nos. 4290 - 4294 The disbursement total for this period was $660,581 .13, distributed as follows: Water $638,071 .40 Sewer $14,745.96 ID #1 $79.00 ID #2 $7,684.77 TOTAL $660,581 .13 PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers normally on a semi-monthly basis. The Board last approved payments on April 9, 2009. ATTACHMENTS: Nam Description: Type: 09-CS 423.doc Cap Sheet 04/23/09 Backup Material 042309 Check List.odf Check List 04/23/09 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/14/2009 BM/PA 4-0 Director Collett Absent April 23, 2009 (Ratified May 14, 2009) CHECK NUMBERS 51347 TO 51432 $ 273,757.01 WIRES: W -41309 Bank of America $ 110.94 W -41409 MWDOC $ 147,627.69 W -42309 Parsons $ 5,521.75 $ 153,260.38 TOTAL OF CHECKS AND WIRES: $ 427,017.39 PAYROLL NO. 7: CHECK NUMBERS: 4290 TO 4294 $ 233,563.74 -------------------------------------------------------------------------------------------------------------------- TOTAL: $ 660,581.13 ------------------------------------------------------------------ ------------------------------------------------------------------ RATIFIED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF MAY 14, 2009 TOTAL DISBURSEMENTS ARE DISTRIBUTED TO THE FUND ACCOUNTS AS FOLLOWS: WATER $ 638,071.40 SEWER $ 14,745.96 I D# 1 $ 79.00 I D# 2 $ 7,684.77 TOTAL: $660,581.13 Yorba Linda Water DistrictwCK REGISTER FOR CHECKS DATED 04 -10 -09 THRU 04 -23 -09 Check. Check... Posting. Vendor Name ................... Check..... No Date Date Amount 51347 04 -13 -09 04 -13 -09 SOUTHERN CALIF EDISON CO. 52,352.36 51348 04 -23 -09 04 -23 -09 BECKY WILLS 8.35 51349 04 -23 -09 04 -23 -09 JENNIFER COFFEY 26.25 51350 04 -23 -09 04 -23 -09 SARAH BARNUM 16.11 51351 04 -23 -09 04 -23 -09 A PLUS AWARDS BY DEWEY 10.78 51352 04 -23 -09 04 -23 -09 ABIGAIL ABBOTT STAFFING SVC 7,053.70 51353 04 -23 -09 04 -23 -09 ADVANCED INFRASTRUCTURE 1,614.30 51354 04 -23 -09 04 -23 -09 ALEXIS OIL CO /DAL CHEM INC. 190.31 51355 04 -23 -09 04 -23 -09 ARROW HARDWARE 552.84 51356 04 -23 -09 04 -23 -09 AT &T 45.09 51357 04 -23 -09 04 -23 -09 ATWOOD SALES 215.26 51358 04 -23 -09 04 -23 -09 B & M LAWN & GARDEN 96.69 51359 04 -23 -09 04 -23 -09 CADET UNIFORM SERVICE 594.29 51360 04 -23 -09 04 -23 -09 Ca1CPA 395.00 51361 04 -23 -09 04 -23 -09 CALIF WATER ENVIRON ASSN(CWEA) 80.00 51362 04 -23 -09 04 -23 -09 CDW -G GOVERNMENT, INC 3,431.47 51363 04 -23 -09 04 -23 -09 CENTA CORPORATION 2,885.61 51364 04 -23 -09 04 -23 -09 CERIDIAN BENEFITS SERVICES 100.00 51365 04 -23 -09 04 -23 -09 CITY OF ANAHEIM 6,146.63 51366 04 -23 -09 04 -23 -09 CITY OF PLACENTIA 656.76 51367 04 -23 -09 04 -23 -09 COMMERCIAL MAINTENANCE 131.16 51368 04 -23 -09 04 -23 -09 COMMONWEALTH UPHOLSTERY 435.00 51369 04 -23 -09 04 -23 -09 COMMWORLD ORANGE COAST 2,143.42 51370 04 -23 -09 04 -23 -09 CORE SUPPORT RESOURCES INC. 3,150.00 51371 04 -23 -09 04 -23 -09 DAN COPP CRUSHING CORP. 164.00 51372 04 -23 -09 04 -23 -09 DATALOK ORANGE COUNTY 268.42 51373 04 -23 -09 04 -23 -09 DELL MARKETING L.P. 1,862.26 51374 04 -23 -09 04 -23 -09 DELTA DENTAL - PMI 296.32 51375 04 -23 -09 04 -23 -09 DICK'S LOCK & SAFE INC. 397.59 51376 04 -23 -09 04 -23 -09 DIEHL, EVANS & COMPANY, LLP 4,500.00 51377 04 -23 -09 04 -23 -09 DRAGER SAFETY INC. 296.20 51378 04 -23 -09 04 -23 -09 ESTRADA HARDWARE CO INC. 242.44 51379 04 -23 -09 04 -23 -09 FEDERAL EXPRESS 79.51 51380 04 -23 -09 04 -23 -09 FLEET SERVICES, INC 507.04 51381 04 -23 -09 04 -23 -09 FRY'S ELECTRONICS 265.04 Yorba Linda Water DistrictwCK REGISTER FOR CHECKS DATED 04 -10 -09 THRU 04 -23 -09 Check. Check... Posting. Vendor Name ................... Check..... No Date Date Amount 51382 04 -23 -09 04 -23 -09 GENERAL PUMP CO., INC. 51,874.00 51383 04 -23 -09 04 -23 -09 GRAYBAR ELECTRIC CO 3,034.82 51384 04 -23 -09 04 -23 -09 HACH COMPANY 505.89 51385 04 -23 -09 04 -23 -09 HALSTED & HOGGAN INC 811.48 51386 04 -23 -09 04 -23 -09 HARDY & HARPER INC. 2,780.00 51387 04 -23 -09 04 -23 -09 HOME DEPOT CREDIT SERVICES 117.17 51388 04 -23 -09 04 -23 -09 INFOSEND 2,536.56 51389 04 -23 -09 04 -23 -09 JON'S FLAGS & POLES, INC. 136.48 51390 04 -23 -09 04 -23 -09 KATRINA BROWN 336.06 51391 04 -23 -09 04 -23 -09 KEN MENDUM 1,594.00 51392 04 -23 -09 04 -23 -09 KENNETH R. VECCHIARELLI 28.39 51393 04 -2309 04 -23 -09 LEHIGH SAFETY SHOE CO 500.99 51394 04 -23 -09 04 -23 -09 LIEBERT CASSIDY WHITMORE 1,833.53 51395 04 -23 -09 04 -23 -09 LINCOLN NATIONAL LIFE 1,862.76 51396 04 -23 -09 04 -23 -09 MC FADDEN -DALE HARDWARE 1,420.33 51397 04 -23 -09 04 -23 -09 MC MASTER -CARR SUPPLY CO. 155.78 51398 04 -23 -09 04 -23 -09 McCORMICK,KIDMAN & BEHRENS LLP 57,005.17 51399 04 -23 -09 04 -23 -09 MICROSOFT TECHNET 483.80 51400 04 -23 -09 04 -23 -09 MINUTEMAN PRESS 302.27 51401 04 -23 -09 04 -23 -09 MUNICIPAL WATER DISTRICT 146.00 51402 04 -23 -09 04 -23 -09 NICKEY PETROLEUM CO 3,646.92 51403 04 -23 -09 04 -23 -09 ONE STOP SIGNS & GRAPHICS 500.25 51404 04 -23 -09 04 -23 -09 ORANGE COUNTY - I W M D 1,048.80 51405 04 -23 -09 04 -23 -09 ORANGE COUNTY REGISTER 1,033.68 51406 04 -23 -09 04 -23 -09 ORANGE COUNTY WATER DISTRICT 1,000.00 51407 04 -23 -09 04 -23 -09 PARTS SOURCE ANAHEIM 892.09 51408 04 -23 -09 04 -23 -09 PEERLESS PUMP COMPANY 3,277.75 51409 04 -23 -09 04 -23 -09 PLACENTIA DISPOSAL 499.36 51410 04 -23 -09 04 -23 -09 PRAXAIR DISTRIBUTION 2,069.28 51411 04 -23 -09 04 -23 -09 QUINN POWER SYSTEMS ASSOCIATES 41.25 51412 04 -23 -09 04 -23 -09 RISK MANAGEMENT 5,621.66 51413 04 -23 -09 04 -23 -09 ROB KNAGGS 1,600.00 51414 04 -23 -09 04 -23 -09 SC FUELS 740.69 51415 04 -23 -09 04 -23 -09 SIEMENS ENERGY & 836.14 51416 04 -23 -09 04 -23 -09 SIEMENS WATER 651.33 Yorba Linda Water DistricAECK REGISTER • FOR CHECKS DATED 04 -10 -09 THRU 04 -23 -09 Check. Check... Posting. Vendor Name ................... Check..... No Date Date Amount 51417 04 -23 -09 04 -23 -09 SOUTHERN CALIF GAS CO. 16,994.94 51418 04 -23 -09 04 -23 -09 SOUTHWEST NETWORKS INC. 135.00 51419 04 -23 -09 04 -23 -09 ST.JOSEPH HERITAGE HEALTHCARE 262.00 51420 04 -23 -09 04 -23 -09 STACY BAVOL /PETTY CASH 289.18 51421 04 -23 -09 04 -23 -09 STAPLES BUSINESS ADVANTAGE 552.50 51422 04 -23 -09 04 -23 -09 SUNSTATE EQUIPMENT CO 347.62 51423 04 -23 -09 04 -23 -09 TIME WARNER CABLE 187.38 51424 04 -23 -09 04 -23 -09 TOWNSEND PUBLIC AFFAIRS, INC. 5,240.00 51425 04 -23 -09 04 -23 -09 U S BANK TRUST NAT'L ASSN. 2,500.00 51426 04 -23 -09 04 -23 -09 UNDERGROUND SERVICE ALERT 172.50 51427 04 -23 -09 04 -23 -09 UNITED INDUSTRIES 432.25 51428 04 -23 -09 04 -23 -09 VISION SERVICE PLAN 1,681.46 51429 04 -23 -09 04 -23 -09 WELLS SUPPLY CO 1,123.84 51430 04 -23 -09 04 -23 -09 WESTSIDE BUILDING MATERIAL 340.69 51431 04 -23 -09 04 -23 -09 XEROX CORPORATION 1,165.93 51432 04 -23 -09 04 -23 -09 YORBA LINDA HARDWARE 196.84 W41309 04 -13 -09 04 -13 -09 BANK OF AMERICA 110.94 W41409 04 -14 -09 04 -14 -09 MUNICIPAL WATER DISTRICT 147,627.69 W42309 04- 23 -0.9 04 -23 -09 PARSONS ENGINEERING SCIENCE 5,521.75 427,017.39 Meeting Date: To: From: Presented By: Prepared By: Subject: SUMMARY: AGENDA REPORT May 14, 2009 Board of Directors Ken Vecchiarelli, General Manager Budgeted: Total Budget: Cost Estimate: Funding Source: Account No: Job No: Diane Cyganik, Finance Director Dept: Reviewed by Legal Maria Trujillo, Accounting CEQA Compliance: Assistant I Payments of Bills, Refunds, and Wire Transfers ITEM NO. 7.3 Yes N/A $1,651,874.74 All Funds N/A N/A Finance N/A N/A 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 $1,651,874.74. DISCUSSION: The major items and wire transfers on this disbursement list are as follows: A wire of $80,078.22 to ACWA -HBA for May 2009 health premium; a wire of $261.96 to ACWA -EAP for May 2009 EAP; a wire of $26,059.00 to ACWA/JPIA for January through March 2009 workers' compensation premium; a wire of $244,432.99 to MWDOC for March 2009 water purchase; a wire of $14,177.15 to City National Bank for Job 200704 March 2009 retention; a wire of $1,727.40 to Bank of America for April 2009 visa payment; a check of $169,975.99 to Schuler Engineering for Job 200309 April 2009 progress payment; and, a check of $269,745.85 to SSC Construction for Job 200704 March 2009 progress payment. The balance of $389,120.67 is routine invoices. ADP is now issuing our payroll checks, with the exception of the third party checks, listed below. In summary, the check register total is $1,195,579.23; payroll Nos. 8 and 9 totals are $229,118.19 and $227,177.32, respectively; and, the disbursements of this agenda report are $1,651,874.74. A summary of the checks is as follows: Payables: Manual Check Check No. 51433 Computer Checks Check Nos. 51434 - 51541 Pavroll #8: Void Check Check No. 4295 Manual Check Check No. 4296 Void Checks Check Nos. 4297 - 4298 Manual Checks Check Nos. 4299 - 4303 Pavroll #9: Manual Check Check No. 4304 Void Check Check No. 4305 Manual Checks Check Nos. 4306 - 4310 The disbursement total for the current period is $1,651 ,874.74, distributed as follows: Water $1 ,602,506.69 Sewer $46,870.45 ID #1 $0.00 ID #2 $2,497.60 TOTAL $1 ,651 ,874.74 PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. ATTACHMENTS: Name: Description: Type: 09-CS 514.doc Cap sheet 5/14 Backup Material Mav14 check list.odf Check list 5/14 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/14/2009 BM/PA 4-0 Director Collett Absent CHECK NUMBERS 51433 TO 51541 WIRES: W -42709 ACWA -HBA W- 42709A ACWA -EAP W -5109 ACWA/JPIA W -51409 MWDOC W- 51409A City National Bank W- 51409B Bank of America TOTAL OF CHECKS AND WIRES: PAYROLL NOS. 8 AND 9: CHECK NUMBERS: 4295 TO 4303 4304 TO 4310 May 14, 2009 $ 828,842.51 $ 80,078.22 $ 261.96 $ 26,059.00 $ 244,432.99 $ 14,177.15 $ 1.727.40 $ 366,736.72 $ 1,195,579.23 $ 229,118.19 $ 227,177.32 TOTAL: $ 1,651,874.74 ------------------------------------------------------------------ ------------------------------------------------------------------ APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF MAY 14, 2009 ------------------------------------------------------------------ ------------------------------------------------------------------ TOTAL DISBURSEMENTS ARE DISTRIBUTED TO THE FUND ACCOUNTS AS FOLLOWS: WATER $1,602,506.69 SEWER $ 46,870.45 I D# 1 $ 0.00 I D# 2 $ 2,497.60 TOTAL: $1,651,874.74 Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 04 -24 -09 THRU 05 -14 -09 Check. Check_.. Posting. Vendor Name ................... Check..... No Date Date Amount 51438 05 -14 -09 OS -14 -09 ABIGAIL ABBOTT STAFFING SVC 9,002.90 W42709 04 -27 -09 04 -27 -09 ACWA -HBA 80,078.22 42709A 04-27-09 04 -27 -09 ACS, A -HBA 261.96 51439 05 -1409 05 -I4 -09 ACWA /JPIA 75.00 W5109 05 -01 -09 05 -01 -09 ACWA /JPTA 26,059.00 51434 05 -14 -09 05 -14 -09 ALEX SOLES 8.35 51440 05 -14 -09 05 -14 -09 ALEXANDER HAMILTON INSTITUTE 48.48 51441 05 -14 -09 05 -14 -09 ALJON GRAPHICS, INC 597.32 51442 OS -14 -09 05 -14 -09 ANAHEIM WHEEL & TIRE 75.00 51443 05 -14 -09 05 -14 -09 ANSW-:ili ONE COMMUNICATIONS 312.89 51435 05 -14 -09 05 -14 -09 ANTHONY SERPATELLI 92.38 51444 05 -14 -09 05 -14 -09 AQUA - METRIC SALES CO. 29,988.25 51445 05 -14 -09 05 -14 -09 ARROWHEAD 44.76 51446 05 -14 -09 05 -14 -09 ARTISTIC MAINTENANCE, INC 4,828.41 51447 OS -14 -09 05 -14 -09 ASSOCIATED LABORATORIES 3,553.10 51448 05 -14 -09 05 -14 -09 AT & T - CATNET2 3,820.09 51449 05 -14 -09 05 -14 -09 AT & `t' MOBILITY 411.18 51450 05 -14 -09 05 -14 -09 ATWOOD SALES 136.21 51541 05- 1.4 -09 05 -14 -09 AVANTE GARDE INC. 10,825.00 51451 05 -14 -09 05 -14 -09 AWWA 125.50 51452 05 -14 -09 05- 1.4 -09 B & M LAWN AND GARDEN INC. 341.93 51409E 05 -14 -09 05 -14 -09 BANK OF AMERICA 1,727.40 51453 05 -14 -09 05 -14 -09 BIOVIR LABORATORIES INC. 410.25 51454 05 -14 -09 05 -14 -09 BONTERRA CONSULTING 1,657.25 51455 05 -14 -09 05 -14 -09 BRIAN VARGAS 235.00 51456 05 -14 -09 05 -14 -09 BUTIER ENGINEERING INC 20,372.50 51457 05 -14 -09 05 -14 -09 C & L REFRIGERATTON CORP. 1,915.13 51458 05 -14 -09 05 -14 -09 C. WELLS PIPELINE 636.19 51.459 05 -14 -09 05 -14 -09 CADET UNIFORM SERVICE 579.54 51460 05 -14 -09 05 -14 -09 CALIF WATER ENVIRON ASSN(CWEA) 80.00 51461 05- 14--09 05 -14 -09 CALPELRA 335.00 51462 05 -14 -09 05 -14 -09 CAROLLO ENGINEERS 11,143.50 51463 05 -14 -09 05 -14 -09 CDW -G GOVERNMENT, INC 693.29 51464 05 -14 -09 05 -14 -09 CERIDIAN BENEFITS SERVICES 100.00 51465 05 -14 -09 05-14 -09 CITIZEN'S BUSINESS BANK 18,886.22 Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 04 -24 -09 THRU 05- 1.4 -09 Check. Check... Posting. Vendor Name ................... Check..... No Date Date Amount 51409A 05 -14 -09 05 -14 -09 CITY NATIONAL BANK 14,177.15 51466 05- 1.4 -09 05 -14 -09 CITY OF PLACENTIA 196.44 51467 05 -14 -09 05 -14 -09 CLINICAL LAB. OF SAN BERN. 1,405.00 51468 05 -14 -09 05 -14 -09 COGSDALE SERVICES CORPORATION 16,567.74 51469 05 -14 -09 05 -14 -09 CONSOLIDATED REPROGRAPHICS 997.60 51470 05 -14 -09 05 -14 -09 COUNTY OF ORANGE 100.00 51471 05--14 -09 05-14 -09 CULLIGAN 1,808.80 51472 05 -14 -09 0S -14 -09 D. R. CRISKE TRUCKING 700.25 51473 05 -14 -09 05 -14 -09 D.R. CRISKE TRUCKING INC 2,225.99 51474 05- 14 -09 05 -14 -09 D.RENEE CHRISTENSEN INC 300.00 51436 05 -14 -09 05 -14 -09 DFI PROPERTIES LLC 142.89 51475 05 -14 -09 05 -14 -09 DIGT -KFY CORPORATION 48.04 51476 05- 1.4 -09 05 -14 -09 DRAGER SAFETY INC. 295.00 51477 05 -14 -09 05 -14 -09 EISEL ENTERPRISES, INC. 673.02 51478 05 -14 -09 05 -14 -09 ESRI 7,895.32 51479 05 -14 -09 05- 14--09 FAIRWAY FORD SALES, INC. 565.44 51480 05 -14 -09 05 -14 -09 FILTER RECYCLING SERV --CES, INC 97.75 51481 05 -14 -09 05 -14 -09 FRY'S ELECTRONICS 303.97 51482 05 -14 -09 05- 1.4 -09 FULLERTON PAINT & FLOORING 548.45 51433 05 -14 -09 05- 14--09 GEORGR TANNER 103.04 51484 05 -14 -09 05-14 -09 HARDY & HARPER INC. 21,158.83 51485 05 -14 -09 05 -14 -09 HASLER, INC. MAILING SYSTEMS 755.38 51486 05 -14 -09 05 -14 -09 HOME DEPOT CREDIT SERVICES 500.00 51487 05-14 - -09 05 -14 -09 INFOSEND 9,626.35 51488 05 -14 -09 05 -14 -09 INTERIORS BY JANI -TRESS 4,464.14 51489 05 -14 -09 05 -14 -09 INTEROP /MOBILE BUSINESS/CLOUD 150.00 51539 05 -14 -09 05 -14 -09 KATRINA BROWN 2,469.11 51437 05 -14 -09 OS -14 -09 KEYSTONE CONTRACTING INC 992.84 51490 05 -14 -09 05 -14 -09 KNOTT'S BERRY FIRM 6,517.46 51491 05 -14 -09 05- 1.4 -09 T.F 7C : _FTON CONSTIT,'PING, INC. 870.40 51492 05 -14 -09 05 -14 -09 LIEBERT CASSIDY WHITMORE 6,241.13 51 -493 05 -14 -09 05 -14 -09 LPR 85.00 51494 05 -14 -09 05-14 -09 MC MASTER -CARR SC)PPLY CO. 63.31 51495 05 -14 -09 05 -14 -09 MCR TECHNOLOGIES INC. 940.08 51496 05 -14 -09 0S -14 -09 MINUTEMAN PRESS 453.71 Yorba Linda Water DistrictCHECK REGISTER FOR. CHECKS DATED 04 -24 -09 THRU 05 -14 -09 Check. Chec=k... Posting. Vendor Name ................... Check..... No Date Date Amount 51497 05 -14 -09 05 -14 -09 MORTON SALT 2,516.39 51498 05 -14 -09 05 -14 -09 MUDGE FASTENERS, INC 509.60 W51409 05 -14 -09 05 -14 -09 MUNICIPAL WATER .DISTRICT 244,432.99 51499 05 -14 -09 05 -14 -09 MUZAK OA 130.87 51500 05 -14 -09 05- 1.4 -09 NATIONAL NOTARY ASSOCIATION 406.50 51501 05 -14 -09 05 -14 -09 NEXTEL OF CALIFORNIA 1,886.67 51502 05 -14 -09 05 -14 -09 NICKEY PETROLEUM CO 6,710.45 51503 05 -14 -09 05 -14 -09 OFFICE SOLUTIONS 990.16 51504 05 -14 -09 05 -14 -09 ORANGE COUNTY WATER ASSN. -DUES 50.00 51505 05 -14 -09 05 -14 -09 ORVAC ELECTRONICS 274.55 51506 05 -14 -09 05 -14 -09 PARTS SOURCE ANAHEIM 512.04 51507 05 -14 -09 05 -14 -09 PRAXAIR DISTRIBUTION 487.96 51508 05 -14 -09 05 -14 -09 PSOMAS & ASSOCIATES 5,71.2.34 51509 05 -14 -09 05 -14 -09 QtJINN POWER SYSTEMS ASSOCIATES 4,034.93 515 7-0 05 -14 -09 05 -14 -09 RICHARD GANGLOFF III 60.00 51511 05 -14 -09 05 -14 -09 SAFE' GLOW 716.66 51512 05 -14 -09 05- 14--09 SC FUELS 695.79 51513 05 -14 -09 05 -14 -09 SCHUL;k KNGINEERING CORP. 169,975.99 51540 05 -14 -09 05-14 -09 SCOTT' W. MOULTON 7,012.50 51514 05 -14 -09 05- 1.4 -09 SECU_'2�TY SOLUTIONS 350.00 51515 05 -14 -09 05 -14 -09 SHRED -7T LOS ANGELES 65.00 51.516 05 -14 -09 05 -14 -09 SOUTH COAST AQMD 2,550.03 51433 04 -24 -09 04 -24 -09 SOUTHERN CALIF EDISON CO. 160.00 51517 05 -14 -09 05 -14 -09 SOUTHERN CALIF EDISON CO. 71,992.42 51518 05 -14 -09 05 -14 -09 SOUTHERN CALIF C=AS CO. 8,855.73 51519 05 -14 -09 05 -14 -09 SOUTHERN COUNTIES 4,877.85 51520 05 -14 -09 05 -14 -09 SSC CONSTRUCTION, INC 269,745.85 51521 05 -14 -09 05 -14 -09 STACY BAVOL /PRTTY CASH 30.88 51522 05 -14 -09 05 -14 -09 STAPLES BUSINESS ADVANTAGE 449.31 51523 05 -14 -09 05 -14 -09 STATER BROS.MARKETS PROPERTY 1,641.25 51524 05-14-09 05- 1.4 -09 STEVE CONKLIN 705.00 51525 05 -14 -09 05 -14 -09 TECH PRO SALES & SERVICE INC. 259.85 51526 05 -14 -09 05 -14 -09 TETRA TECH, ISG ##1 23,849.35 51527 05 -14 -09 05 -14 -09 THE BEE MAN 150.00 51528 05 -14 -09 05 -14 -09 TRAFFIC CONTROL SERVICE, INC 17,068.31 Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 04 -24 -09 THRU 05 -14 -09 Check. Check... Posting. Vendor Name ................... Check..... No Date Date Amount 51529 05 -14 -09 05 -14 -09 U S POSTAL SERVICE(HASLER) 5,000.00 51530 05 -14 -09 05 -14 -09 UNITED INDUSTRIES 167.36 51531 05 -14 -09 05 -14 -09 VERIZON WIRELESS 423.27 51532 05 -14 -09 05 -14 -09 VILLAGE NURSERIES 82.51 51533 05 -14 -09 05 -14 -09 VISION SERVICE PLAN 1,664.79 51534 05 -14 -09 05 -14 -09 WALTERS WHOLESALE ELECTRIC CO 92.29 51535 05 -14 -09 05 -14 -09 WATER ENVIRONMENT FEDERATION 267.00 51536 05 -14 -09 05 -14 -09 WELLS SUPPLY CO 3,690.66 51537 05 -14 -09 05 -14 -09 WESTSIDE BUILDING MATERIAL 296.75 51538 05 -14 -09 05 -14 -09 YORBA LINDA HARDWARE 130.55 1,195,579.23 ITEM NO. 7.4 AGENDA REPORT Meeting Date: May 14, 2009 Budgeted: Yes Total Budget: 11 .5M To: Board of Directors Cost Estimate: 11 .5M Funding Source: District & Developer Funds From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: 200704 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Joe Polimino, Project Engineer CEQA Compliance: MND Subject: Progress Payment No. 23 for the Lakeview Reservoir Project SUMMARY: On January 25, 2007, the District Board of Directors authorized the execution of an agreement with SSC Construction, Inc. (SSC) for construction of an 8-million gallon underground concrete reservoir, piping and appurtenances. The project also includes demolition of the existing Bastanchury Booster Pump Station and Reservoir (two steel storage tanks). The site is located north of Bastanchury Road off the new Lakeview Avenue extension, north of the Hover Development and south of Vista Del Verde's Village 4. When completed, the project will increase operational, fire and emergency storage capacity, retain better water quality through improved circulation and improve reliability of the water system. STAFF RECOMMENDATION: Approve Progress Payment No. 23 in the net amount of $269,745.85 to SSC Construction, Inc. and 5% retention of $14,197.15 deposited to City National Bank escrow account, for construction of the Lakeview Reservoir Project, Job No. 200704. DISCUSSION: In accordance with the contract documents, SSC submitted a request for Progress Payment No. 23, in the amount of $283,943.00 for completed work through March 31 , 2009. During this period, SSC continued with fine grading of the site, installation of wrought iron perimeter fence, and continued placement of concrete for "v" ditches. The contractor also continued work on the cathodic protection system and curb and gutter. The status of the construction contract with SSC Construction, Inc. is as follows: . The current contract is $11 ,006,911 .61 and 663 calendar days starting June 18, 2007. . If approved, Progress Payment No. 23 is $283,943.00 (2.6% of the total contract amount), less 5% retention of $14,197.15 for a net payment of $269,745.85. . Total payments to date including retention are $10,707,851 .37 (97.3% of the total contract amount). . As of March 31, 2009, 653 calendar days were used (98.5% of the contract time). Staff and Butier, the District's construction manager for the project, have reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 23 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): On January 25, 2007, the District Board of Directors approved and awarded a construction contract with SSC Construction, Inc. in the amount of $10,489,500 for construction of an 8 million gallon underground concrete reservoir, piping and appurtenances, and demolition of the existing Bastanchury Booster Pump Station and Reservoir. On April 10, 2008, the District Board of Directors approved Change Order No. 1 increasing the total contract amount to $10,639,500 and total contract calendar days to 547. On June 30, 2008, staff approved Change Order No. 2 in the net amount of $2,887.92 increasing the total contract to $10,642,387.92. On July 10, 2008, the Board of Directors approved Change Order No. 3 in the amount of $55,393.45 and an additional 27 calendar days to be added to the contract. On February 12, 2009, the Board of Directors approved Change Order No. 4 in the amount of $167,113.53 and an additional 49 calendar days to be added to the contract. At the same meeting, the Board of Directors also approved Change Order No. 5 in the amount of $142,016.71 and an additional 19 calendar days to be added to the contract. On April 9, 2009, the Board of Directors approved Change Order No. 6 adding an additional 21 calendar days to the contract. The Board has approved twenty two progress payments to date for this project, the most recent of which was approved on March 26, 2009. ATTACHMENTS: Name: Description: Type: PPR 23 SSC Construction.odf Progress Pay Report 23 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/14/2009 BM/PA 4-0 Director Collett Absent YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Lakeview Reservoir Projecf PROGRESS PAY REQUEST NO, 23 LOCATION Yorba Linda, CA PROJECT NO. 200704 PAGE 1 OF 1 PAGES CONTRACTOR SSC Construction, Inc. DATE 3131109 )RIGINAL CONTRACT AMOUNT; $ 10,489,600.00 WTHORIZED CHANGE ORDERS: 517,411.61 Z15VISED CO NT RACT AMO U NT: 11,006,911-61 PROGRESS PAY ESTIMATE FOR PERIOD March 1, 2009 TO March 31, 2009 CALENDAR DAYS PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 10.125,627.00 $ 147,943.00 $ 10,273,570.00 CHANGE ORDER WORK COMPLETED $ 298,281,37 $ 135,000.00 $ 434,281.37 TOTAL VALUE OF WORk COMPLETED $ 10,€23,908.37 $ 283,943.00 $ 10,707,851.37 LESS RETENTION 5 % $ 535,392.57 LESS OTHER [DEDUCTIONS 50 °A of Bf ronic Wire Fees $ 150.00 NET EARNED TO DATE $ 10,172,308.80 LESS AMOUNT PREVIOUSLY PAID $ 9,902,552.95 SALAzNCE DUE THIS ESTIMATE $ 269.745.$5 NOTICE TO PROCEED COMPLETION TIME. APPROVED TIME EXTENSIONS TOTAL CONTRACT TIME TIME EXPENDED TO DATE TIME REMAINING June 18, 2007 487 CALENDAR DAYS 176 CALENDAR DAYS 663 CALENDAR DAYS 653 CALENDAR DAYS 10 CALENDAR DAY$ REQUESTED BY- ................. .._..._ ..... .... Brent Bra er, Asst Controller, S C Construction Inc. APPROVED BY: .4-L � �+ 1.�t 1�-LL c a DATE: Z If 4-L0 Jahn Whisenhun , Construction ,ytanager, eutier Engineering APPROVED BY: DATE: . Kenneth R. Vewhiarelli, General Manager, YLWD ITEM NO. 7.5 AGENDA REPORT Meeting Date: May 14, 2009 Budgeted: N/A To: Board of Directors Funding Source: Developer Funded From: Ken Vecchiarelli, General Account No: 2-2600 Manager Job No: 200907 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Ariel Bacani, Engineering CEQA Compliance: N/A Technician II Subject: Terms and Conditions for Sewer Service with Larry and Tracey Pratt SUMMARY: The Pratts are proposing to demolish and rebuild their single family home at 5951 Sandra Drive. They plan to connect their corner lot to the sewer main at Short Street. The property is approximately 0.55 acre and is located within the District's Western Service Area. An exhibit depicting the project location is attached for your reference. STAFF RECOMMENDATION: Approve the Terms and Conditions for Sewer Service with Larry and Tracey Pratt for 5951 Sandra Drive, Yorba Linda, Job No. 200907. DISCUSSION: The applicants' property is located within Drainage Area 1 of the District's Sewer Service Area. The District has an existing sewer main in Short Street that extends northeasterly into Lakehaven Way. The applicants are required to extend the sewer main along Short Street by approximately 160 feet, and construct two manholes, a potential 4-inch lateral for future connection, and a 4-inch house lateral to their residence in accordance with the District Rules and Regulations for Sewer Service and in compliance with the District's Sewer Standards and Specifications. The Terms and Conditions for Sewer Service with Larry and Tracey Pratt are attached for your consideration. ATTACHMENTS: Name: Description: Type: 200907 T Cmdf Terms&Conditions for Sewer Service with Larry&Tracey Agreement Pratt 200907 Exhibit.Ddf Exhibit of Short St.Sewer Main Extension Exhibit Approved by the Board of Directors of the Yorba Linda Water District 5/14/2009 BM/PA 4-0 Director Collett Absent YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR SEWER SERVICE NAME OF APPLICANT: LARRY & TRACEY PRATT LOCATION OF PROJECT: 5951 SANDRA DRIVE, YORBA LINDA TRACT NUMBER: N/A JOB NUMBER: 200907 Date: May 14, 2009 LOT(S): 1 The applicant will be required to complete to the satisfaction of the District the following items that have an "X" following the number. 1) X The applicant shall provide the District with a copy of the Grant Deed or Title Report of the property to be served. 2) X The applicant shall include information deemed necessary by the District in the event the applicant is required to file a Department of Real Estate Tax Disclosure statement. 3) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 1 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. I. 4) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 2 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. 2. 5) X The applicant shall submit two (2) sets of the improvement plans to the District for plan check processing. a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 6) X Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. Page 2 of 5 NAME OF APPLICANT: LARRY & TRACEY PRATT LOCATION OF PROJECT: 5951 SANDRA DRIVE, YORBA LINDA 7) X The applicant shall dedicate or obtain all easements deemed necessary by the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer (licensed prior to January 1, 1982) licensed to practice in the State of California. 8) X The applicant shall provide the District with a copy of the Recorded Tract /Parcel Map(s) or Easement Documents illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 9) The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. 10) X The applicant shall furnish the District with a 24 -hour emergency telephone number prior to the District's approval of the construction plans. 11) X The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 12) X The applicant shall complete a Temporary Construction Meter Permit application for all water to be used in construction work and all water used under such permit shall be taken from the approved construction meter. 13) X The applicant shall provide per the District specifications one complete set of "As Built" mylars and electronic copy of ACAD drawings (version 2002 or later) for the Water and Sewer facilities. 14) The applicant shall complete an Application to and Agreement for Water Service. 15) The applicant shall pay all of the water fees as required by the Rules and Regulations of the District. 16) The applicant shall pay meter fees associated with the installation of radio read meters for this project. 17) The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Water Service. 18) The applicant shall provide the District with a set of plans stamped and approved by the Orange County Fire Authority, or fire agency having jurisdiction, that identifies approved fire hydrant locations. Such approved plan must be submitted to the District before staff will initiate a District plan check for water improvements. Page 3 of 5 NAME OF APPLICANT: LARRY & TRACEY PRATT LOCATION OF PROJECT: 5951 SANDRA DRIVE, YORBA LINDA 19) The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan, the Insurance Services Office's suggested standards contained in the "Grading Schedule of Municipal Fire Protection ", and the District's Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 20) The applicant's water facilities (on -site) shall be Privately owned and maintained. 21) The applicant shall be required to conduct flow tests at their cost in the event the Orange County Fire Authority requires a flow test. A District representative shall be present to witness the flow test. 22) The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 23) The applicant shall install one 1 water Sampling Station(s) in conformance with the District's Standard Plans. 24) The applicant shall provide a completed Surety Bond for the water facilities prior to the District signing the Water Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed water facilities. 25) The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 26) All existing water services that are not useable in the new plan shall be cut and plugged at the main line. 27) The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 28) The applicant shall provide a written copy of the Bacteriological Report prior to occupancy releases certifying that the water meets the Health Department's requirements. 29) The applicant shall adjust and raise to grade all valve covers within the limits of this project. 30) The applicant shall install a pressure regulator in all dwellings that have over 80 p.s.i. static water pressure in accordance with the appropriate building codes. 31) The applicant shall complete a Temporary Water Permit for all water that will be used through the new water services to serve the new dwellings. Page 4 of 5 NAME OF APPLICANT: LARRY & TRACEY PRATT LOCATION OF PROJECT: 5951 SANDRA DRIVE, YORBA LINDA 32) The applicant shall install a District approved backflow device in connection with any private fire suppression sprinkler facilities that may be required by the Orange County Fire Authority or fire agency having jurisdiction. 33) The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. 34) The applicant shall install and provide a written test report to the District for each backflow device certifying that the backflow devices are operating properly prior to the water meters being turned on for service. 35) The applicant shall install and provide a written test report to the District certifying that the double check detector assembly is operating properly prior to the double check detector assembly being turned on for service. 36) The applicant shall provide an annual written test report to the District certifying that the backflow devices and fire detector assemblies are operating properly pursuant to the District's Backflow Prevention Program and the State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross - Connections. 37) The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 38) X The applicant shall complete an Application to and Agreement for Sewer Service. 39) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Sanitary Sewer Service. 40) X The applicant shall pay all of the sewer fees as required by the Rules and Regulations of the District. 41) X The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan and Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 42) X The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 43) X The applicant's sewer facilities (on -site) shall be Privately owned and maintained. 44) X The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District's Plans and Specifications. Page 5 of 5 NAME OF APPLICANT: LARRY & TRACEY PRATT LOCATION OF PROJECT: 5951 SANDRA DRIVE, YORBA LINDA 45) X The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. 46) X The applicant shall install a sewer backflow prevention valve on all sewer service connections in which the pad elevations of the property being served is lower than the rim elevation of the upstream manhole. Installation of the backflow device shall comply with all requirements of the Building and Plumbing Codes of the appropriate agency having jurisdiction. 47) X The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector, which will include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. (END OF STANDARD TERMS AND CONDITIONS) PROJECT SPECIFIC TERMS AND CONDITIONS 48) X The applicant shall construct approximately 160 feet of new 8 -inch VCP sewer main with two manholes, one potential sewer lateral, and one new sewer lateral, per approved plans and District Specifications. I hereby certify that the foregoing Terms and Conditions were approved at the May 14, 2009 Regular Meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms and Conditions shall become void six (6) months from the approval date if a formal Application To and Agreement with the Yorba Linda Water District for Sewer Service is not executed for the project under consideration. Kenneth R. Vecchiarelli, P.E., General Manager ' r Yr j 5$4! JLAWHAVEW ko WAY AI IJ p 1 � 5957 SANDRA DRIVE Ifs '•zy PLAN y a •ti� _ A Cibelb h• S - � �Yay�, Si PROJECT Lm b w SITE T - �-� � inn.ranc r>r y, '�r� •.`ti-_ qp r<arn en a C9° �s3 rip", Fe Sun 11N 91 r a+J(.,,,y v _tr to - 5 Lo d a �'F�&iwnlY�ye� d s Wwtivlr�Fn Y 9 3 e ie� -p rsr,G, E srviaw.v in `:M::.t'•-.aa-.. Via!=+Rw .w V..V MnT Ar iio w Tl.-A VICINITY MAP PREPARED BY: SCALE: N.T.S. YORBA LINDA WATER DISTRICT EXHIBIT 0 L PROPOSED SEWER DATE- 5-6-09 FOR w1717 E. MIRALCMA AVENUE PLACENTIA, CALIFORNIA 92870 5957 SANDRA DRIVE FILENAME: 200907 (714)701-3000 ITEM NO. 8.1 AGENDA REPORT Meeting Date: May 14, 2009 Budgeted: Yes Total Budget: $200,000 To: Board of Directors Cost Estimate: $200,000 Funding Source: Sewer Operating Fund From: Ken Vecchiarelli, General Account No: 202-2700 Manager Job No: J-200905 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: No Prepared By: Hank Samaripa, Project CEQA Compliance: Exempt Engineer Subject: Professional Services Agreement Amendment for Lakeview Sewer Lift Station Rehabilitation SUMMARY: The 33-year old Lakeview Sewer Lift Station in the Yorba Linda Lakebed needs replacement of its two submersible pumps and control systems. Tetra Tech was hired in July 2006 as the design consultant to provide plans and specs for an upgraded lift station. The design was completed but the project bidding and construction was put on hold due to limitations in the existing SCE power facilities and complications regarding the SCE easement. The project issues have now been resolved. At the District's request, Tetra Tech provided a proposal to finalize the design and to provide engineering services during the bidding and construction phases. STAFF RECOMMENDATION: That the Board of Directors authorize Amendment No. 1 to the Professional Services Agreement with Tetra Tech Consultants in the amount of $19,960 for design, bidding and construction phase services for the Lakeview Sewer Lift Station Project. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee reviewed this matter at their meeting held on May 7, 2009 and supports staff's recommendation. DISCUSSION: A professional services agreement was executed with Tetra Tech in the amount of $22,120 on July 13, 2006. Tetra Tech completed design of the upgraded lift station before the project was put on hold due to inadequate electrical service and easement issues. These issues developed as the need for larger, more powerful grinder pumps were identified as the solution to overcome frequent clogging and to reduce maintenance and alarm call outs. SCE required a larger easement to provide the new power source for the pumps and when the property owner would not agree to provide this easement, the project was put on hold. It was recently reactivated when the pump problem became untenable and the threat for sewer overflows from the station increased. New pump options were investigated by the consultant and a solution was found to deliver the necessary power within the existing easement. With a workable solution identified, staff requested Tetra Tech to submit a proposal to provide additional services to complete the project. Staff has reviewed the added services for completion of the revised design drawings and specifications, project management, bid assistance, shop drawing review, change order review, and as-built drawings, and recommends approval of the additional scope and fee. A copy of Tetra Tech's proposal is attached. PRIOR RELEVANT BOARD ACTION(S): The Board previously adopted Resolution No. 07-09 on June 28, 2007 approving the Lakeview Sewer Lift Station Rehabilitation project in the 5 year Capital Improvement Program for Fiscal Years 2007-2012. ATTACHMENTS: Name: Description: Type: Document.odf PSA Amendment-Lakeview Lift Station Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/14/2009 PA/MB 4-0 Director Collet Absent d( OTETRATECH April 20, 2009 Mr. Hank Sarnaripa Yorba Linda Water District Post Office Box 309 Yorba Linda, CA 92686 -0309 ` R" APR 2 4 2009 Reference: Request for Additional Budget to Provide Professional Engineering Designs and Construction Phase Services for the Lakeview Lift Station Dear Mr. Samaripa: Yorba Linda Water District originally authorized Tetra Tech, Inc. to complete the plans and specifications for the upgrade of the Lakeview Lift Station in July 2006. The plans and specifications were completed to the 100% milestone prior to the end of the 2006 calendar year. However, SCE brought up easement issues which caused the project implementation to be delayed, since power upgrades were required. The project has basically been on hold since this time, however we continued to provide exhibits and various documents to assist the District with resolving SCE's concerns. SCE now states that the power load is not significant enough to warrant bringing 3 Phase power to the site and therefore the easement issues no longer apply. At this time, it is our understanding that the District desires to move forward with a single phase pump that will meet the pumping criteria. A couple of more years of operation have proven to be just about all the original pumping facilities can endure. With the pumps no longer being manufactured, replacement parts are coning harder and harder to come by and there is no local technical support. As such, the project priority continues to rise. Per your request, we are moving forward with making revisions to the plans, specifications and estimate for District review. Upon your approval, the documents can then be let for bid. Our original scope of work did not envision the long delays, the amount of effort needed to coordinate with SCE, and subsequent calculations, design, drafting, revising specifications and cost estimate per the current project approach. As such, we request additional budget to complete the project documents. In addition, it is our understanding that the District would like our team to provide bid phase and construction phase services. As such, this letter requests authorization of additional budget to complete bid phase and construction phase services. We have attached a detailed scope of work and hourly fee summary breakdown per task and classification. Due to delays outside of our control, we also request use of our 2009 Standard Billing Rates, attached hereto for your reference. Tetra Tech, Inc. 1622-1 i.agura Canyon Road Su to 2GJ, h-vire, C ?. 91618 -7- ,I 94g.727.7099 Fax 949.7? 7.709:5 ,..v aetracr,h.com OTETRA TECH Mr. Hank Samaripa April 20, 2009 Page 2. We propose to complete the scope of work for a not -to- exceed fee of $19,950. We loop forward to your positive response to our request and working with you on this exiting assignment. As always, please do not hesitate to contact me at your earliest convenience should you have any questions or desire any additional information. Sincerely, Aeven E . Divisional Vice President RSA/cg PAP03731\00381WordprolL tters11t0o1.doc(l06) Attachments YORBA LINDA WATER DISTRICT Lakeview Lift Station SCOPE OF WORK Task 1— Project Management and Quality Assurance 1.1 Project .Management: Tetra Tech will complete all project management duties for this project including day -to -day communications, budget and schedule tracking, invoicing, coordination with YLWD, coordination of subconsultants, design team and quality review team. 1.2 Quality Assurance: Tetra Tech will perform independent quality reviews prior to all submittals. Quality reviews will be performed by and/or under the direction of the Quality Assurance Team leader. All individuals completing quality reviews will be completely independent from this project; that is that they have not completed any portion of the calculations, design, drafting or word processing on this project. Task Z -- Preparation of Plans, Specifications and Estimate 2.1 Contract Documents:. Provide calculations, analysis and pump selection to meet SCE Single Phase power requirements. Update project plans, specifications and estimate per selected pumps. All sheets will be stamped with a wet seal and wet signed by a California registered civil engineer. 2.2 Deliverables: Tetra Tech will submit (3) sets of plans and estimate for review and comment at the 100% and final stages. One (1) set of original mylars, sealed and signed, will be provided to YLWD for final approval, signature and reproduction for bidding. 2.3 Bid Phase Services: Tetra Tech will respond to three (3) request for information, prepare one (1) addenda, attend the pre -bid meeting, attend the bid opening, review bid received for accuracy and qualifications of the contractor, submit written recommendation for award. Task 3 -- Construction Phase Services 3.1 Shop Drawing Review: Tetra Tech will review and process shop drawings for the project. We will combine review comments from the District and Tetra Tech and prepare a review letter and distribute the contract specified amount of stamped copies to the contractor and the District. We have assumed there will be eight (8) shop drawings for review and approval. If drawing revisions are required, we will provide instructions, create pencil sketches and/or provide details as required. Changes will be incorporated into the record drawings elsewhere in this scope of work. 3.2 Substitute .Materials: Tetra Tech will evaluate the acceptability of substitute materials and equipment proposed by the contractor and provide recommendations to the District for approval /denial. Reviews shall be limited to paper submittals and office communication. For purposes of the proposal, we have assumed one (1) substitute submittal will be made. 3.3 Change Corder ReviewlNegotiation: Tetra Tech will evaluate change order requests submitted by the contractor to determine validity of additional work request and proposed cost/schedule credit/debit. P: 1P0 3 7 3 1 100 3 81Wordpm\l.cucs'JtOQl uopc.doc - I - TETRA TECH YORBA LINDA WATER DISTRICT Lakeview Lift Station The review will also verify that the original design intent has not been altered. For purposes of the proposal, we have assumed one (1) substitute submittal will be made. 3.4 RF"FCs: Respond to four (4) contractor submitted RFIsIRFCs. Prepare hand sketch of CAD drawing revision if necessary. 3.5 Record Drawings: Revise the final design drawings in AutoCAD R14 or later to reflect "As- Built" conditions based on contractor furnished information, field sketches and records kept during construction. Provide one set of "As- Built" plans on mylar to the District along with electronic files. Assumptions Included in Preparing our Scope of Services It is assumed that the following items will be provided by and are the responsibility of others, or deemed not required for this project: • The District will provide a project manager /contract administrator. • The District will pay all permit, plan checking and other fees not waived by other agencies nor made the responsibility of the contractor, direct or reimburse Tetra Tech for said fees at cost plus 15% above the contract amount. • YLWD shall provide reproduction for bidding and construction phase services, or reimburse Tetra Tech, Inc. at cost plus I S% above the contract amount. • All facilities and appurtenances are to be located within public right-of-way or within an existing easement. Exhibits, legal descriptions, plat maps, and processing thereof for new easements is excluded from this scope of work. • Compaction testing, material testing and surveying for construction of the facilities will be performed by others, retained directly by, and coordinated by, YLWD or the contractor. • YLWD shall perform all daily observation, inspection, to verify the facilities are constructed in conformance with the project documents. P: IP037311f 7038'tWordprotiettecs�1t041 scopc.dac - Z - TETRA TECH PERSON-HOUR ESTIMATE Lakeview Lift Station i PD TASK HRS I HRS PM I HRS I HRS I HRS 11HRS I HRS I PE ENG CANTN TYPE HRS IBSRVR HRS I SUM I SUM I GA DC SUBTHORSh I TOSUM E TASK 1 Project Management and Quality Assurance 1.1 Project Management 4 $25 4 5805 1.2 Quality Assurance 2 2, $540 Subtotal 2 4 0 0 0 0 0 0 0 $25 $0 6 $1,345 TASK 2 Preparation of Plans,Specifications and Estimate 2.1 Constract Documents 12 4 4 10 $55 30 $4,685 2.2 Deliverables 2 $255 2 $485 2.3 Bid Phase Services 12 6 4 1 $50 23 $3,935 Subtotal 0 24 10 8 12 0 l 0 0 $360 0 55 $9,105 TASK 3 Construction Phase Services 3.1 Shop Drawing Review(8) 4 8 16 28 $4,060 3.2 Substitute Materials(1) 1 2 2 5 $765 3.3 Change Order Review/Negotiation(1) 6 $25 6 $1,195 3.4 RFI/RFC's(4) 4 8 2 14 $2,290 3.5 Record Drawings 1 6 1 $230 8 $1,200 Subtotal 0 16 18 18 8 0 1 0 0 $255 $0 61 $9,510 TOTAL 2 44 28 26 20 0 2 0 0 $640 $0 122 $19,960 -------- M,.. TETRA TECH TETRA TECF W ,1i Exhibit. B 2009 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Engineering Intem/Technician/Assistant ... $ 62.00 Project Administrator .. ............................... $ 105.00 Designer /CAD Operator /Engineer I........... $ 115.00 Engineer H and III /Senior Designer .......... $ 125.00 Biologist ...................... ............................... $ 125.00 Planner ........................ ............................... $ 125.00 Senior Engineer /Landscape Architect........ $ 139.00 Project Engineer/Project Coordinator........ $ 160.00 Senior Planner ............. ............................... $ 175.00 Senior Scientist ........... ............................... $ 175.00 Senior Project Engineer ............................. $ 175.00 Project Manager /Sr. Project Coordinator... $ 195.00 Senior Project Manager .............................. $ 255.00 Program Director/Project Director ............. $ 270.00 Administrative Administrative Clerk ... ............................... $ 60.00 Word Processor /Admin. Support ............... $ 85.00 Graphic Designer.... ................................... S 115.00 Reimbursable In -mouse Costs Photo Copies (B&.W 8.5 "x11 ")...... $ 0.15/Each Photo Copies (B &W 11 "x17 ") ....... $ 0.40 /Each Color Copies (up to 8.5 "x1 I") ........ $ 2.00/Each Color Copies (to 11 "x17 ") .............. $ 3.00/Each Computer Usage ............................. $ 2.50/Hour Surve IM a vpin,2 Survey Technician I .... ............................... $ 109.00 Survey Technician II/Field Supervisor....... $ 125.00 Senior Surveyor . .......... ............................... $ 141.00 Project Surveyor ......... ............................... $ 163.00 Two - Person Survey Parry .......................... $ 230.00 Two - Person Survey Party with GPS .......... $ 275.00 Three- Person Survey Party ........................ $ 320-00 Survey Travel Time (Two- person) ............. $ 109.00 Survey Travel Timc (Three- person) ........... $ 153,00 Construction Management Construction Observer 1 ............................. $ 95.00 Construction Observer II ............................ $ 110.00 Senior Construction Observer .................... $ 130.00 Resident Engineer ....... ............................... $ 160.00 Construction Manager . ............................... $ 180.00 Compact Discs . ............................... $10.00/Each Large Format Copies ..................... $ 0.40/S.F. Mileage ............ ............................... $0.585/Mile *current GSA POV Mileage Rate subject to change Company Vehicles .......................... $8,00/Hour All other direct costs, such as reproduction, special photography, postage, delivery services, overnight mail, out -of- area telephone calls, printing and any other services performed by subcontractor, will be billed at cost plus 15 %. NOTE: All costs and rates are effective January 1, 2009, and subject to annual increase. P:1 P0373110038\Wordvro\LettemMtOOI Exhibit A - CA 20Mdoc ITEM NO. 8.2 AGENDA REPORT Meeting Date: May 14, 2009 Budgeted: Yes To: Board of Directors Cost Estimate: 280,000 Funding Source: ID No. 1 GO Bonds From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: 200901 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Joe Polimino, Project Engineer CEQA Compliance: Exempt Subject: Award of Construction Contract for San Antonio Pressure Reducing Station SUMMARY: On April 27, 2009, bids were received from 11 contractors for the construction of the San Antonio Pressure Reducing Station Upgrade Project. It will consist of removing the upper half of the underground vault, installation of new pressure reducing valves and piping, and rebuilding the vault with improved access, lighting and ventilation. The low bid was $236,250 by Paulus Engineering, Inc. The Engineer's Estimate was $280,000. STAFF RECOMMENDATION: That the Board of Directors award the Contract for Construction of San Antonio Pressure Reducing Station Upgrade Project to Paulus Engineering, Inc., for $236,250. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee reviewed this matter at their meeting on May 7, 2009 and supports staff's recommendation. DISCUSSION: The San Antonio Pressure Reducing Station Upgrade Project is designed to work in conjunction with the Zone Reconfiguration Project, to assist with raising the hydraulic grade line from Elevation 675 to 706 feet, to mitigate the low pressure problems in three separate areas, affecting approximately 800 homes. It is anticipated that construction will be complete by November 2009. Bids were received from 11 contractors, ranging from a low of $236,250 to a high of $424,000, as shown on the attached bid summary sheet. The bid tabulation and other bid documents from the low bidder, Paulus Engineering, Inc., were reviewed by District staff and found to be acceptable. PRIOR RELEVANT BOARD ACTION(S): On June 28, 2007, the Board of Directors adopted Budgets for FY 2007/08 and FY 2008/09 and approved the current Five Year Capital Improvement Plan (CIP) for FY 2007-2012. On September 13, 2007, the Board of Directors authorized staff to modify the Current Five Year Plan Capital Improvement Projects List and the Adopted Budget for FY 2007-2009 by adding the Zone 4 Reconfiguration Project for the Twin Peaks Area of East Lake Village. On December 4, 2008, the Board of Directors authorized the President and Secretary to Amend the Consultants Agreement with Psomas, in the amount of $43,125 for additional work to provide design services and bid assistance for upgrades to the San Antonio PRS in conjunction with the Zone Reconfiguration Project, Job No. 200710. ATTACHMENTS: Name: Description: Type: San Antonio Bid List.odf San Antonio Bid Results Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/14/2009 MB/PA 4-0 Director Collett Absent SAN ANTONIO PRESSURE REDUCING STATION UPGRADE PROJECT JOB NO. 200901 BIDDER BID 1. Paulus Engineering $236,250 2. Stevens Construction, Inc. $247,706 3. SRD Engineering, Inc. $248,700 4. GCI Construction, Inc. $249,900 5. Pacific Coast Infrastructure, Inc. $252,300 6. Caliagua $255,250 7. Fleming Environmental, Inc. $268,594 8. SCW Contracting Corp. $284,041 9. Schuler Engineering Corp. $293,400 10. John T. Malloy, Inc. $320,000 11. Humphrey Constructors $424,000 ITEM NO. 9.2 AGENDA REPORT Meeting Date: May 14, 2009 Subject: System Improvements Following Freeway Complex Fire STAFF RECOMMENDATION: This is for information only. No action is required. ATTACHMENTS: Nan. Description: Type: Fwv Fire Mitigations Presentation.odf Mitigations Presentation Presentation 5/18/2009 Yorba Linda Water Distri c Overview * On November 15, 2oo8, the Freeway Complex Fire devastated many areas served by the Yorba Linda Water District. During this event, the District realized a fire event of this magnitude can push resources to its limit. • As was proven during the firestorm, this type of event can quickly overwhelm a water system and hamper fire-fighting efforts. • The following report addresses the on-going efforts by the District staff to make improvements to the water system. Additionally this report will make staff recommendations for future system hardening efforts. 1 5/18/2009 PF Recommendations : i. Improve reliability of SCADA control systems impacted directly or indirectly by the fire. 2. Increase ability to transfer water into areas of the distribution system that may have high demands caused by an emergency. 3. Protect against loss of electrical power to pumping stations. 4. Improve staff training and coordination with outside agencies. Improve reliability of SCADA systems • During the fire event a SCADA control sensor at Santiago Booster Station was disrupted which in turn shut the electric pumps off at the Santiago Booster station. • Since the event upgrades and changes have been made to the stations controls; the programmable logic controller was replaced and control instruments were individually fused to reduce multiple failures in the future. 2 5/18/2009 Increase ability to transfer water 4 •Water demand in wild-land interface of the District exceeded the pumping capabilities of the existing pumping stations. Y` • As mitigation,the Operation Department has since installed and tested temporary pumping connections at several zones throughout the District r " is Moving Water Between Zones Pumping Fairmont Zone 3 to 4 Pumping Fairmont Zone 4 to 5 3 5/18/2009 Portable Pumping Connections M•lpk[:FN['4'Y.[7NF lltitl'k-t1F IAW'A'1'1[]N MAp Hidden Hills Reservoir •As further mitigation,the District has begun construction of the Hidden Hills reservoir, which will supplement water supplies to the Hidden Hills _ upper zone with an additional a . million gallons of water in - Y' storage. _, 4 5/18/2009 Hidden Hills Reservoir y y Portable Pump The District has also purchased ��iOpp, � portable pumping equipment that - is designed to deliver water at - pressures and volumes to • !�+� `e r i supplement those zones whereit is envisioned there could be a need for additional water Further,we have budgeted for one additional mobile pump that is designed to operate at higher capacity and higher discharge pressure so we have more flexibility. 5 5/18/2009 Purchase of Portable Generator To further improve our capabilities the District has also purchased a portable electric generator to provide power to pumping stations during prolonged power outages. •We will be working with an electrical contractor to install quick connections for this generator at Hidden Hills,Box Canyon and other stations that are supplied only by electric pumps. Improve staff training and coordination with outside agencies During the incident there was some lack of communication between Fire Authority and District Staff , -This was partly due to the time lag between information received at the Incident Command Post (ICP)getting to the District and r. vice versa. •For example,the District did send a Senior Water Distribution Operator to the Fire Incident Command Post but this person was not in direct contact with those at the head of the ICP. 6 5/18/2009 WEROC Water/Fire Task Force In response to this need for improved communications, WEROC, at the direction of its member agencies, created the Water/Fire Task Force to address many issues that came about not only from the Freeway Fire but also previous year's fires. • This task force, which included two members of the District staff, made recommendations for a template to be used to help the various water agencies with their mitigation efforts. • Also included was setting up meetings for training staff of both agencies to work more closely within the Incident Command systems. Emergency Digital Information Service • As further mitigation, the District has incorporated the monitoring of the California Emergency Digital Information Service. • This email alert service allows the District to be kept aware of upcoming weather storm warnings, fire alerts and other state emergency related issues. • The District is also receiving California Emergency Monitoring Reports on a daily basis so that we might keep abreast of all state wide emergency related activities. 7 5/18/2009 Staff recommen a ions for further mitigation Continue to assess District facilities to provide further recommendations for fire hardening and system improvements during emergency conditions. Further mitigation recommendations • Evaluate maintenance activities in the urban wild-land areas. Initiating increased training between the District and the Fire Authority. Updating the District's weed abatement program. 8 5/18/2009 Thank You Please Remember to Conserve Water 9 ITEM NO. 11.1 AGENDA REPORT Meeting Date: May 14, 2009 Subject: Executive Administrative-Organizational Committee (Summerfield/Mills) Alternate: Collett Minutes of meeting held April 21 , 8:00 a.m. Meeting scheduled for May 21, 4:00 p.m. ATTACHMENTS: Name: Description: Type: 042109 EAO - Minutes.doc EAO Mtg Minutes 04/21/09 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT EXECUTIVE - ADMINISTRATIVE - ORGANIZATIONAL COMMITTEE MEETING April 21, 2009 A meeting of the Executive - Administrative - Organizational Committee was called to order by Director Summerfield at 8:00 a.m. The meeting was held at the District's Administrative Office at 1717 East Miraloma Avenue, Placentia CA 92870. COMMITTEE Director John Summerfield, Chair Director William R. Mills PUBLIC COMMENTS None. ACTION ITEMS None. DISCUSSION ITEMS STAFF Ken Vecchiarelli, General Manager Pat Grady, Assistant General Manager 1. Board Strategic Planning Workshop - Draft Report The Committee reviewed and discussed the draft report from the Strategic Planning Workshop prepared by John Acampora of the Management Action Program consulting team. Staff stated their objective is to present an implementation plan for the various action items indentified in the draft report to the respective committees for review and consideration. Staff also reported that the draft was sent to each Director to solicit corrections and comments before the final report is taken to the full board to receive and file. 2. Board Budget Workshop Staff reported a Director had recommended a full board workshop to discuss the proposed budget and certain elements contained within the budget. This workshop could be held sometime in May and would be in addition to the budget workshop scheduled during the first board meeting in June. Following a short discussion of the status and progress of the budget, the Committee deferred this matter for further determination. Staff will present a recommendation at a later date. 3. Recommendation for Becoming Signatory of the CUWCC Staff presented the BMP's as developed by the CUWCC, and the areas where the District would not be in compliance if YLWD were a signatory to that organization. The Committee did not recommend becoming a member of the CUWCC at this time, but suggested the District evaluate those items of non- compliance and potentially incorporate them into a Public Information Master Plan. 1 4. Changes to Board Packets Staff recommended removing the Board Activities Calendar from the agenda itself and creating a separate agenda item with the same information. The agenda automation software system currently being implemented is not capable of displaying the activities calendar on the agenda. The Committee supported staff's recommendation and further authorized staff to develop a more user - friendly calendar that could be posted on the District's web site. 5. Report on Legislative Activities — Sacramento Advocates A report of legislative activity prepared by Sacramento Advocates was presented to the Committee. No action was taken. 6. Report on Grant Activities — Townsend Public Affairs A report prepared by Townsend Public Affairs was presented in the agenda packet. The Committee requested staff to have TPA attend the next Committee meeting and present an action plan for success in obtaining grant funding. 7. General Counsel's Monthly Summary Billing Reports The Committee had no comments regarding the report presented in the agenda packet. 8. Future Agenda Items and Staff Tasks Director Mills suggested staff look into opportunities to develop our water resources portfolio including the potential for untreated water use, wastewater reclamation opportunities and development of other local resources. The Committee also discussed solar power projects, use of local groundwater at golf courses and parks, tiered rates and budget based water allocations as future topics for further consideration. ADJOURNMENT The Committee adjourned at 9:30 a.m. The next meeting of the Executive - Administrative- Organizational Committee will be held May 19, 2009 at 4:00 p.m. 2 ITEM NO. 11.2 AGENDA REPORT Meeting Date: May 14, 2009 Subject: Finance-Accounting Committee (Beverage/Summerfield) Alternate: Mills Minutes of meeting held April 14, 4:00 p.m. Minutes of meeting held May 12, 4:00 p.m. (to be provided at the meeting). Meeting scheduled for June 9, 4:00 p.m. ATTACHMENTS: Name: Description: Type: 041409 FA Minutes.doc FA Mtg Minutes 04/14/09 Minutes 051209 FA Minutes.doc FA Mtg Minutes 05/12/09 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT FINANCE - ACCOUNTING COMMITTEE MEETING April 14, 2009 A meeting of the Finance - Accounting Committee was called to order by Director Beverage at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Michael J. Beverage, Chair Ken Vecchiarelli, General Manager Director John W. Summerfield Pat Grady, Assistant General Manager Diane Cyganik, Finance Director Sandi Van Etten, Senior Accountant PUBLIC COMMENTS None. ACTION ITEMS 1. Investment Report ending February 28, 2009. The Investment Report was reviewed and accepted as presented. The Committee inquired as to whether CAMP funds could be transferred into Wells Capital for the ID2 fund. Staff will report back after further research. 2. Monthly Financial Statements for the Period ending February 28, 2009. The Financial Statements were reviewed and accepted as presented. DISCUSSION ITEMS 3. Monthly Portfolio Report ending March 31, 2009. Report by Keith Khorey, Wells Capital Management. Finance Director Cyganik contacted Mr. Khorey before the meeting. There was nothing critical to report. The call to Mr. Khorey was cancelled. 4. Operating and Non - Operating Expense Budget. The first pass at the budget for expenses was presented to Committee by Assistant General Manager Grady and General Manager Vecchiarelli. A budget for revenue was included only for comparison purposes — it was not prepared in the usual manner nor with in depth research. There was much discussion and the expense budget will continue to be refined. 5. Update on Actuarial RFP's. Finance Director Cyganik reported that she had selected the low bid by Total Compensation Systems, Inc. after researching the references to prepare the actuarial study for compliance with GASB 43 & 45. 1 6. Future Agenda Items and Staff Tasks. None. ADJOURNMENT The Committee adjourned at 5:50 p.m. The next meeting of the Finance - Accounting Committee will be held May 12, 2009 at 4:00 p.m. 2 MINUTES OF THE YORBA LINDA WATER DISTRICT FINANCE - ACCOUNTING COMMITTEE MEETING May 12, 2009 A meeting of the Finance - Accounting Committee was called to order by Director Beverage at 4:05 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE Director Michael J. Beverage, Chair Director John W. Summerfield 1. PUBLIC COMMENTS None. STAFF Ken Vecchiarelli, General Manager Pat Grady, Assistant General Manager Sandi Van Etten, Senior Accountant 2. ACTION ITEMS 2.1 Monthly Financial Statements for March 2009 The financial statements were discussed and accepted as presented. 2.2 Monthly Investment Report for March 2009 The investment report was discussed and accepted as presented. Staff pointed out that US Bank's government securities /treasury fund paid 0% interest on the revenue bonds in March. The bank's contact said the District may switch the bond funds to a Prime Obligation fund which is yielding .35 basis points. The Committee recommended we do this, unless any additional bank fees would zero out the interest earned. 2.3 Revised YTD /Monthly Financial Reports Staff presented alternative report formats generated by the new software systems. The Committee decided to use a combined one page summary report but to have the detail reports separated by water and sewer funds. 3. DISCUSSION ITEMS 3.1 Monthly Portfolio Report for April 2009 Staff had called Keith Khorey prior to the meeting; he said there were no concerns with the portfolio. No further action was taken. 3.2 Future Agenda Items and Staff Tasks Water rates were discussed. Director Beverage requested staff prepare a report that compares depreciation expense, overhead expense and water operating pass- through costs. He would like a further comparison of their status at the time the last rate increase was approved as well as the status of the current projections. ADJOURNMENT The Committee adjourned at 4:58 p.m. The next regular meeting of the Finance - Accounting Committee will be held June 9, 2009 at 4:00 p.m. 1 ITEM NO. 11.3 AGENDA REPORT Meeting Date: May 14, 2009 Subject: Personnel-Risk Management Committee (Armstrong/Collett) Alternate: Summerfield Minutes of meeting held May 11, 4:00 p.m. (to be provided at the meeting.) Meeting scheduled for June 8, 4:00 p.m. ATTACHMENTS: Name: Description: Type: 051109 PRM - Minutes.doc PRM Mtg Minutes 05/11/09 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL -RISK MANAGEMENT COMMITTEE MEETING May 11, 2009 A meeting of the Personnel -Risk Management Committee was called to order by Director Armstrong at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE Director Paul Armstrong, Chair Director Ric Collett 1. PUBLIC COMMENTS None. 2. ACTION ITEMS STAFF Ken Vecchiarelli, General Manager Gina Knight, Human Resources Manager 2.1 Damage Claim — Mr. William C. Wamsley, 5088 Via Alvarado, Yorba Linda The Committee discussed the claim filed by Nelda Wamsley on behalf of William Wamsley. The Committee will recommend to the Board of Directors to reject the claim at the May 28, 2009 Board Meeting. 3. DISCUSSION ITEMS 3.1 Proposed Authorized Positions FY 2009/2010 Staff discussed for consideration with the Committee the proposed authorized positions for FY 2009/2010. The Committee had several questions, comments and suggestions. Staff will present this matter to the full Board of Directors for further discussion and consideration at a Budget Workshop on or before June 11, 2009. 3.2 Status of Recruitments Staff gave an update on the current recruitment for a Sr. Project Manager. 3.3 Status of Risk Management Activities Staff gave an update on recent claims received. Recommendations will follow pending the Board of Directors closed session discussions scheduled May 14, 2009. 3.4 Future Agenda Items and Staff Tasks Staff discussed scheduling a Budget Workshop. 4. ADJOURNMENT 4.1 The Committee adjourned at 5:15 p.m. The next regular meeting of the Personnel -Risk Management Committee will be held June 8, 2009 at 4:00 p.m. 1 ITEM NO. 11.4 AGENDA REPORT Meeting Date: May 14, 2009 Subject: Planning-Engineering-Operations Committee (Mills/Armstrong) Alternate: Beverage Minutes of meeting held May 7, 4:00 p.m. Meeting scheduled for June 4, 4:00 p.m. ATTACHMENTS: Name: Description: Type: 050709 PEO PEO Mtg Minutes 05/07/09 Minutes MINUTES OF THE YORBA LINDA WATER DISRICT PLANNING - ENGINEERING - OPERATIONS COMMITTEE MEETING May 7, 2009 A meeting of the Planning- Engineering- Operations Committee was called to order by Director Armstrong at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE Director Paul R. Armstrong, Vice Chair Director Michael J. Beverage, Alternate STAFF Ken Vecchiarelli, General Manager Steve Conklin, Engineering Manager Lee Cory, Operations Manager John DeCriscio, Chief Plant Operator Scott Moulton, Consulting Engineer 1. PUBLIC COMMENTS Mr. Lee Larson, a resident of Grandview Avenue, was present to participate in the discussion on Item 2.3, which was the first item addressed. 2. ACTION CALENDAR 2.1 Fairmont Site Improvement Agreement with Shapell Industries This item was the final item discussed. Director Beverage excused himself from the discussion and the meeting because he declared that he had a conflict. Engineering Manager Conklin reported on the purpose of the proposed agreement with Shapell Industries. General Manager Vecchiarelli described the background and the location of the Fairmont Reservoir relative to the maintenance yard. Following discussion, Director Armstrong supported the staff recommendation for the Board's approval of the improvement agreement. 2.2 Professional Services Agreement Amendment for Lakeview Sewer Lift Station Rehabilitation Engineering Manager Conklin reported on the status of the Lakeview Sewer Lift Station operation and planned rehabilitation, and the need for additional engineering services to carry the project through bidding and construction. Following discussion the Committee supported the staff recommendation for an amendment to the Professional Services Agreement for Tetra Tech for additional services for a fee not to exceed $19,960. 2.3 Grandview Sewer Extension — Frontage Fees General Manager Vecchiarelli reported on the planning, construction, and more recent events concerning the Grandview Sewer Project. He noted that there were 11 sewer laterals constructed, two for the Sanchez property at 5592 Grandview Avenue. Mr. Lee Larson, who was present for this item, presented his perspective on the project events and potential 1 options on the cost per residence. Following discussion, the Committee recommended that the cost for each of the 10 residences served by the Grandview sewer for design and construction cost be assessed at $15,767. It was noted that in addition to this share of the design and construction cost, each residence will need to pay for existing agency fees for new sewer service from the Orange County Sanitation District, City of Yorba Linda, and Yorba Linda Water District, as well as costs to abandon their existing septic tank system and connect to the new sewer. The Committee also recommended that staff be directed to collect the appropriate fees and penalties for the unpermitted connection to the Grandview Sewer at 5551 Grandview Avenue. 2.4 Award of Construction Contract for San Antonio Pressure Reducing Station Engineering Manager Conklin reported on receipt of bids for the subject project, to retrofit the pressure reducing station and to serve the 800 homes in the Zone Reconfiguration Project beginning construction. Following discussion, the Committee supported the staff recommendation for award of the contract to the low- bidder, Paulus Engineering for $236,250. 3. DISCUSSION ITEMS 3.1 Monthly Groundwater Production and Purchased Water Report Chief Plant Operator DeCriscio reported on groundwater pumping and water purchased for the month of April 2009. He noted that our groundwater pumping remains slightly above our goal and will be throttled back to hit 60% through the end of June. 3.2 Monthly Preventative Maintenance Program Report Operations Manager Cory reported on the status of the subject program for each category. He and General Manager Vecchiarelli noted that staff has been addressing sewer repair issues in addition to its other duties. 3.3 Monthly MWDOC Managers Meeting Summary Report General Manager Vecchiarelli reported that he attended the April meeting at MWDOC and that the major item of discussion was the Met water allocation and rates which were approved mid April. 3.4 Monthly OC Groundwater Producers Meeting Summary Report Engineering Manager Conklin reported on the April Groundwater Producers meeting that he and John DeCriscio attended. He noted that a major item of discussion was the projected BPP, BEA and RA, which have since been established by the OCWD Board. General Manager Vecchiarelli reported that the OCWD Board also approved the purchase of 18,000 AF of Met untreated full - service water at a cost of $11 million for recharge of the basin in May and June. 3.5 Status Report on Capital Projects in Progress Engineering Manager Conklin reported on the capital projects in progress, as summarized in the status report in the committee packet. 2 3.6 Future Agenda Items and Staff Tasks The Committee asked that staff look at getting the agenda packet to the committee further ahead of the meeting date, to provide more time for review. The Committee asked that staff look again at the issues relating to potential development of the tops of reservoirs to provide space for community sports and other activities. 4. ADJOURNMENT The meeting was adjourned at 5:50 p.m. The next regular meeting of the Planning- Engineering- Operations Committee will be held June 4, 2009 at 4:00 p.m. 3 ITEM NO. 11.5 AGENDA REPORT Meeting Date: May 14, 2009 Subject: Public Information-Technology Committee (Collett/Beverage) Alternate:Armstrong Minutes of meeting held May 5, 4:00 p.m. Meeting scheduled for June 2, 4:00 p.m. ATTACHMENTS: Name: Description: Type: 050509 PIT - Minutes.doc PIT Mtg Minutes 05/05/09 Minutes MINUTES OF THE YORBA LINDA WATER DISRICT PUBLIC INFORMATION - TECHNOLOGY COMMITTEE MEETING May 5, 2009 A meeting of the Public Information - Technology Committee was called to order by Director Collett at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Ric Collett, Chair Ken Vecchiarelli, General Manager Director Michael J. Beverage Pat Grady, Assistant General Manager Cindy Botts, Management Analyst 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1 Customer Online Payments Service The Committee supported Staff's recommendation to move forward with an online bill payment service. 3. DISCUSSION ITEMS 3.1 Website Updates and Links Ms. Botts presented the updates to the website since the last Public Information - Technology Committee meeting on April 7, 2009. These included additional information about the "double billing" on the April 2009 customer water bill and the draft water conservation ordinance that staff was soliciting comments on. 3.2 Customer Newsletter — Spring 2009 A completed version was shown to the Committee as an informational item only. Staff acknowledged that due to time constraints most of the approval process was done by staff alone. The Committee requested that for the next newsletter, they would like to have a draft to comment on prior to print. 3.3 OC Children's Water Education Festival and OC Girl Scouts Public Events Ms. Botts stated that Staff attended and volunteered both days of the OC Children's Water Education Festival and attended and manned a booth with promotional giveaways at the OC Girl Scouts Birthday Event. Both events were held at the Richard Nixon Library. Ms. Botts left the meeting at 4:30pm. 3.4 Future Agenda Items and Staff Tasks No future agenda items or staff tasks were assigned by the Committee. 1 4. ADJOURNMENT The meeting was adjourned at 5:15 p.m. The next regular meeting of the Public Information - Technology Committee will be held June 2, 2009 at 4:00 p.m. 2 ITEM NO. 11.7 AGENDA REPORT Meeting Date: May 14, 2009 Subject: Revenues and Rates Ad Hoc Committee (Collet/Mills) Minutes of meeting held April 28, 4:00 p.m. Meeting to be scheduled. ATTACHMENTS: Name: Description: Type: 042809 R' RR Mtg Minutes 04/28/09 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT REVENUES AND RATES COMMITTEE MEETING April 28, 2009 A meeting of the Revenues and Rates Committee was called to order by Director Mills at 4:08 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Ric Collett, Chair Ken Vecchiarelli, General Manager Director William R. Mills Pat Grady, Assistant General Manager Diane Cyganik, Finance Director PUBLIC COMMENTS None. ACTION ITEMS 1. None. DISCUSSION ITEMS 2. Review and Discuss Actual and Forecast Revenues for FY 2008/09 and Proposed Budget Revenues for FY 2009/10 Staff presented a series of spreadsheets identifying the budgeted, year to date through February, and forecasted revenues for FY 2008/09. Staff also presented revenue projections for FY 2009/10 based on the existing water and sewer rate structures and discussed the resulting shortfall. In addition, staff presented the affects of a single year pass through of water supply cost increases. This affect alone would cause raise water rates to rise by 21 cents. 3. Review and Discuss Rate Strategies, Proposed Pass Through Rate Increase, Budget Based and Tiered Rate Alternatives The Committee discussed the strategy options for tiered rates and requested staff to compile and report on actions proposed by comparable water agencies. 4. Status Report on Citizens Advisory Committee Activities Mr. Vecchiarelli reported on the activities of the Committee. Minutes of the CAC Meeting held April 21 will be included in the agenda for the Board of Directors regular meeting May 14, 2008. ADJOURNMENT The Committee adjourned at 5:35 p.m. The next meeting of the Revenues and Rates Committee will be scheduled as needed. 1 ITEM NO. 11.9 AGENDA REPORT Meeting Date: May 14, 2009 Subject: Citizens Advisory Committee Minutes of meeting held April 21 , 4:00 p.m. Minutes of meeting held May 4, 8:00 a.m. Meeting scheduled for May 19, 4:00 p.m. ATTACHMENTS: Name: Description: Type: 042109 CAC Minutes.doc CAC Mtg Minutes 04/21/09 Minutes 050409 CAC Minutes.doc CAC Mtg Minutes 05/04/09 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING April 21, 2009 A meeting of the Citizens Advisory Committee was called to order at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 East Miraloma Avenue, Placentia CA 92870. COMMITTEE Carl Boznanski Gary Melton Gene Scearce Gregory Meyers Howard Weber Janine Eggers Lindon Baker Marlo Naber -Mole Maurice Gallarda Neil Brine Oscar Bugarini, Sr Phil Hawkins Richard Bogda William Guse STAFF Ken Vecchiarelli, General Manager Cindy Botts, Management Analyst OTHER ATTENDEES Mark Schock PUBLIC COMMENTS Ms. Eggers noted that due to other obligations, she would not be able to continue as a Committee member. DISCUSSION ITEMS 1. OC Water Summit — May 15, 2009 Staff reconfirmed seven Committee members' attendance. 2. Conservation Ordinance Implementation Plan Staff provided a brief overview of the plan which will be placed on the Committee's webpage for the Committee's review and comment at a later date. Mr. Schock stated that in regards to the Ordinance, it should be mandatory to include evidence of water conserving fixtures already installed as a requirement for granting a waiver. 3. Fiscal Year 2009/10 Budget and Variable Expenses Discussion Staff provided an overview of the budget and stated that the PowerPoint presentation would be placed upon the Committee's webpage for their review. Many questions were posed by the Committee in regards to the regulatory drought and MWD's increased rates and how those factors would affect the proposed YLWD budget. 4. Preliminary Water Rate Discussion The Committee and staff discussed at length the external factors involved in the necessary water rate increase this summer. 1 ACTION ITEMS 5. Nominate CAC Officers Mr. Boznanski was nominated and approved by a majority of the Committee members as the Committee Chair. Mr. Gallarda and Mr. Meyers were also nominated and approved by a majority of the Committee members as the Committee Vice Chairs. ADJOURNMENT The Committee adjourned at 6:30 p.m. The next meeting of the Citizens Advisory Committee will be held on Monday, May 4, 2009 at 8:00 a.m. 2 MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING May 4, 2009 A meeting of the Citizens Advisory Committee was called to order at 8:05 a.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE Carl Boznanski Gary Melton Gene Scearce Gregory Meyers Howard Weber Lindon Baker PUBLIC COMMENTS None. ACTION ITEMS Neil Brine Oscar Bugarini, Sr Phil Hawkins Richard Bogda Robert Kiley William Guse STAFF Ken Vecchiarelli, General Manager Cindy Botts, Management Analyst OTHER ATTENDEES Mark Schock 1. Water Conservation Ordinance and Supply Shortage Contingencies The Committee made several suggestions regarding messaging for both the public hearing and the implementation of the Ordinance. Several suggestions were also made to clarify points within the Ordinance on fines and variance. The Committee voted 12 -0 in favor of recommending the Ordinance to the Board of Directors for implementation. Mr. Schock also indicated that he would be in favor of recommending the Ordinance to the Board of Directors for implementation. DISCUSSION ITEMS 2. Fiscal Year 2009/10 Revenues The Committee reviewed a PowerPoint presentation regarding the District budget which focused on the impact of higher water costs and lower water sales on the revenue needed to maintain a sound, more balanced operating budget. 3. Water Rate Options The Committee indicated its understanding that water rates were not currently reflecting increased operational costs or import water costs, and would have to be increased. The Committee also strongly stated the need to develop tiered rates to encourage conservation and to reward those who were already conserving. 4. Capital Improvement Plan for FY 2009 -2014 and Financing Future Infrastructure Needs This item was addressed briefly by Mr. Vecchiarelli and will be discussed in the next meeting. 1 ADJOURNMENT The Committee adjourned at 10:30 a.m. The next meeting of the Citizens Advisory Committee will be held Tuesday, May 19 at 4:00 PM. ITEM NO. 13.1 AGENDA REPORT Meeting Date: May 14, 2009 Subject: Meetings from May 15, 2009 thru June 30, 2009 STAFF RECOMMENDATION: Authorize Directors and such staff members of the District as approved by the General Manager to attend the listed meetings. ATTACHMENTS: Name: Description: Type: BOD Activities Calendar.odf Meeting List Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: May 2009 Yorba Linda City Council Tue, May 19 6:30PM Armstrong MWDOC Board Wed, May 20 8:30AM Staff OCWD Board Wed, May 20 5:00PM Staff Exec utive - Admin- Organizational Committee Thu, May 21 4:00PM Summerfield /Mills Holiday Mon, May 25 7:30AM District Offices Closed MWDOC /OCWD Ad Hoc Committee Tue, May 26 4:00PM Mills /Collett Yorba Linda Planning Commission Wed, May 27 7:00PM Collett District Board Meeting Thu, May 28 8:30AM June 2009 Public Information - Technology Commitee Tue, Jun 2 4:00PM Collett /Beverage Yorba Linda City Council Tue, Jun 2 6:30PM Mills MWDOC /MWD Workshop Wed, Jun 3 7:30AM Staff OCWD Board Wed, Jun 3 5:00PM Staff Planning- Engineering- Operations Committee Thu, Jun 4 4:00PM Mills /Armstrong Personnel -Risk Management Committee Mon, Jun 8 4:00PM Armstrong /Collett Finance - Accounting Committee Tue, Jun 9 4:00PM Beverage /Summerfield City of Placentia Ad Hoc Committee Wed, Jun 10 4:00PM Yorba Linda Planning Commission Wed, Jun 10 7:00PM Collett District Board Meeting Thu, Jun 11 6:30PM Exec utive- Admin- Organizational Committee Tue, Jun 16 4:00PM Summerfield /Mills Yorba Linda City Council Tue, Jun 16 6:30PM Armstrong MWDOC Board Wed, Jun 17 8:30AM Staff OCWD Board Wed, Jun 17 5:00PM Staff Yorba Linda Planning Commission Wed, Jun 24 7:00PM Summerfield District Board Meeting Thu, Jun 25 8:30AM 5/5/2009 11:48:41 AM ITEM NO. 14.1 AGENDA REPORT Meeting Date: May 14, 2009 Subject: ACWA/JPIA Spring Conference - May 18-19, 2009 State Legislative Welcome Reception - June 4, 2009 STAFF RECOMMENDATION: Authorize Directors and such staff members of the District as approved by the General Manager to attend the listed conferences and seminars. ATTACHMENTS: Description: Type: schedule2009sorina.odf Conference Schedule Backup Material Leaislative Reception Flver.odf Reception Flyer Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/14/2009 ACWA/JPIA Conference PA/BM 4-0 Director Collett Absent Legislative Reception MB/PA 4-0 Director Collett Absent ACWA Joint Powers Insurance Authority 2009 Spring Conference Schedule Sheraton Grand Hotel 1230 J Street, Sacramento, CA 95814 - (916) 447 -1700 Monday — May 18, 2009 8:30 a.m. — Workers' Compensation Program Camellia 10:00 a.m. Subcommittee meeting 10:15 a.m. — Executive Committee meeting Camellia 11:45 a.m. 1:15 p.m. — Town Hall meeting Gardenia 2:30 p.m. 3:00 p.m. — Board of Directors' meeting Magnolia /Camellia 5:00 p.m. 5:00 p.m. — 30th Anniversary Reception Grand Nave Foyer 6:00 p.m. Tuesday — May 19, 2009 8:30 a.m. — It's Raining Dollars and Sense: Magnolia /Camellia 10:30 a.m. JPIA Resources for Turbulent Times 10:45 a.m. — Be Water Prepared; Protecting Water Magnolia /Camellia 11:45 a.m. Through Preparedness & Response Coordination 1:30 p.m. — Sexual Harassment Prevention for Board Magnolia /Camellia 3:30 p.m. Members and Managers (AB1825) Dear Managers, MWDOC would like to invite you and a representative from your board /city council to attend our rescheduled "meet and greet" reception with first -term Assemblymen Curt Hagman and Jeff Miller on Thursday, June 4th, from 6:00 — 8:00 pm at the Foxfire Restaurant in Anaheim Hills. Attached is the event flyer and a location map. Please notify your board /council members of this opportunity as appropriate. Assemblymen Hagman and Miller both represent portions of Orange and Riverside Counties, and this is an opportunity for them to get to know some of the key leaders in the Orange County water community. There is no charge for this reception but we do request that each agency designate only two representatives to attend. Please contact my assistant, Tiffany Baca, at (714) 593 -5013 or tbaca @mwdoc.com by Friday, May 291h to confirm your agency's attendance. This will allow us to provide the restaurant with an accurate headcount. If you have any questions, please do not hesitate to call or email me. Otherwise, we look forward to seeing you at the reception on Thursday, June 41h -David ------------------------------- David J. Cordero Director of Government Affairs Municipal Water District of Orange County Phone: (714) 593 -5012 Fax: (714) 964 -5930 Cell: (714) 865 -8292 dcordero(@mwdoc.com www.mwdoc.com WAT.tF? k 1 State Legislative pprl ! I ' fI: �+ * i Welcome _ Reception Thursday, June 4, 2009 i 6:00 - 8:00 pm Foxfire Restaurant in Anaheim Hills (By Invitation Only) Hosted Hors D'Oeuvres / Cash Bar You are cordially invited to a special water community reception welcoming Orange/Riverside County Assemblymen Curt Hagman (AD 60) and Jeff Miller (AB 71), and honoring recently retired Senators Bob Margett (SD 29) and Dick Ackerman (SD 33). Date: Thursday, June 4, 2009 Time: 6:00 - 8:00 pm Location: Foxfire Restaurant 5717 E. Santa Ana Canyon Road, Anaheim Hills (91 Freeway/Imperial Highway) Hosts: Municipal Water District of Orange County and Western Municipal Water District RSVP: David Cordero (MWDOC) by Thursday, May 28th 714.593.5012 or dcordero@mwdoc.com MUNICIPAL. WATER DISTRICT OF WESTERN ORANGE MUNICIPAL. PPP COUNTY WATER AWO DISTRICT