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HomeMy WebLinkAbout2009-08-13 - Board of Directors Meeting Agenda PacketYorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, August 13, 2009, 8:30 AM 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. 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. 6.1. Minutes of the Regular Board of Directors Meeting Held July 23, 2009 Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $3,446,034.58. 6.3. Progress Payment No. 15 for the Highland Reservoir Replacement Project Recommendation: That the Board of Directors approve Progress Payment No. 15 in the net amount of $241,974.32 to Schuler Engineering Corporation and 10% retention of $26,886.04 deposited to Citizens Business Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No. 200309. 6.4. Terms and Conditions for Water and Sewer Service with Dentino Properties Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Dentino Properties, Job No. 200913. 6.5. Asset Management Plan Recommendation: That the Board of Directors authorize execution of a Professional Services Agreement with Carollo Engineers in the amount of $112,000 to provide an Asset Management Plan for water and sewer asset replacement. 6.6. Change Order to Well 12 Testing Contract Recommendation: That the Board of Directors approve Change Order No. 1 in the amount of $56,973.39 to provide and install a new water -tube pump, metal packer and other appurtenances and to extend the contract time by an additional 35 calendar days for the extra work. 7. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 7.1. Proposed Installation of Solar Panels on Spring View Reservoir Recommendation: That the Board of Directors authorize the General Manager to execute a contract with Akeena Solar Inc. in the amount of $227,489 to provide engineering design /build services for the construction of a 30kW peak photovoltaic solar panel installation for the Spring View Reservoir and Booster Pump Station site. 7.2. Employee - Employer Relations Between the District and Its Recognized Employee Organizations Recommendation: That the Board of Directors adopt Resolution 09 -11 Implementing Chapter 10, Division 4, Title 1 of the Government Code, State of California, "Local Public Employee Organizations" 7.3. Resolution Authorizing Individuals to Establish Accounts and Sign District Checks, and Amending Related Policies & Procedures Recommendation: That the Board of Directors adopt Resolution No. 09 -12 Amending the Policy of Individuals Authorized to Establish Accounts and Sign District Checks, Amending the Policy and Procedures for the Use of an Automated Check Signing Machine, and Rescinding Resolution No. 07 -05. 7.4. Resolution Authorizing Individuals to Transfer Funds Via the Federal Wire System Recommendation: That the Board of Directors adopt Resolution No. 09 -13 Authorizing Individuals to Transfer Funds Via the Federal Wire System and Rescinding Resolution No. 08 -15. 8. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the District's interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 8.1. Wells Capital Investment Report for the 4th Quarter of FY 2008/09 Recommendation: This is for information only. No action is required. 8.2. 2009 Water Rate Report Recommendation: This is for information only. No action is needed. 8.3. Annexation to OCWD Recommendation: This is for information only. No action is required. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report 9.2. Directors' Reports 9.3. General Manager's Report 9.4. Future Agenda Items and Staff Tasks 10. COMMITTEE REPORTS 10.1. Executive Administrative - Organizational Committee (Summerfield /Mills) Alternate: Collett • Meeting scheduled for August 18, 4:00 p.m. has been rescheduled to August 17, 4:00 p. M. 10.2. Finance - Accounting Committee (Beverage /Summerfield) Alternate: Mills Minutes of meeting held August 11, 4:00 p.m. (To be provided at the meeting). Meeting scheduled for September 8, 4:00 p.m. 10.3. Personnel -Risk Management Committee (Armstrong /Collett) Alternate: Summerfield Minutes of meeting held August 10, 4:00 p.m. (To be provided at the meeting). Meeting scheduled for September 14, 4:00 p.m. 10.4. Planning- Engineering- Operations Committee (Mills /Armstrong) Alternate: Beverage Minutes of meeting held August 6, 4:00 p.m. Meeting scheduled for September 3, 4:00 p.m. 10.5. Public Information - Technology Committee (Collett /Beverage) Alternate: Armstrong Minutes of meeting held August 4, 4:00 p.m. Meeting scheduled for September 1, 4:00 p.m. 10.6. City of Placentia Ad Hoc Committee (Beverage /Vecchiarelli) Meeting cheduled for September 17, 4:00 p.m. 10.7. MWDOC /OCWD Ad Hoc Committee (Mills /Collett) Alternate: Summerfield Meeting scheduled for September 22, 4:00 p.m. 10.8. Revenues and Rates Ad Hoc Committee (Collet /Mills) • Meeting to be scheduled. 10.9. Citizens Advisory Committee Minutes of meeting held August 3, 8:30 a.m. Meeting scheduled for August 24, 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. Yorba Linda Planning Commission, July 29 (Collett) 11.2. Yorba Linda City Council, August 4 (Mills) 11.3. MWDOC /MWD Workshop, August 5 (Staff) 11.4. OCWD Board, August 5 (Staff) 11.5. Yorba Linda Planning Commission, August 12 (Collett) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from August 14, 2009 thru September 30, 2009 13. CONFERENCES AND SEMINARS 13.1. California Water Challenge Presentation - August 20, 2009 Assembly Select Committee Hearing - August 21, 2009 Recommendation: Authorize Directors and such staff members of the District as approved by the General Manager to attend the listed conferences and seminars. 14. ADJOURNMENT 14.1. The next regular meeting of the Board of Directors will be held August 27, 2009 at 6:30 p. M. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non - exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy -two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http: / /www.ylwd.com /. Accommodations for the Disabled Any person may make a request for a disability - related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714 - 701 -3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability - related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. AGENDA REPORT Meeting Date: August 13, 2009 ITEM NO. 6.1 Subject: Minutes of the Regular Board of Directors Meeting Held July 23, 2009 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: vescription: 072309 BOD - Minutes.doc BOD Mtg Minutes N7 23�C MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING July 23, 2009 1. CALL TO ORDER The July 23, 2009 regular meeting of the Yorba Linda Water District Board of Directors was called to order by Vice President Mills at 8:30 a.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT William R. Mills, Vice President Paul R. Armstrong Michael J. Beverage Ric Collett DIRECTORS ABSENT John W. Summerfield, President STAFF PRESENT Ken Vecchiarelli, General Manager Pat Grady, Asst General Manager Art Kidman, General Counsel Lee Cory, Operations Manager Diane Cyganik, Finance Director Gina Knight, Human Resources Mgr Leon De los Reyes, Water Quality Engineer Hank Samaripa, Project Engineer Joe Polimino, Project Engineer Stacy Bavol, Customer Service Supervisor Cindy Botts, Management Analyst Ruben Gonzales, Facilities Maintenance Annie Alexander, Executive Secretary 4. ADDITIONS /DELETIONS TO THE AGENDA Mr. Vecchiarelli requested to modify Item No. 15.1. to include himself as an Agency Designated Representative. At the time the agenda was posted he was not planning to attend to the meeting. On a motion by Director Beverage, seconded by Director Collett, the Board voted 4 -0 to modify the agenda as requested. Mr. Vecchiarelli requested to add the following item to the agenda as there was a need to take immediate action on this item and the need for action came to staff's attention subsequent to the agenda being posted. 8.3. Reschedule the Public Hearing to Consider the 2009 Water Rate Report Recommendation: That the Board of Directors reschedule the Public Hearing to Consider the 2009 Water Rate Report to September 10, 2009 at 6:30 p.m., and provide notification to District customers according to Proposition 218 requirements. On a motion by Director Beverage, seconded by Director Collett, the Board voted 4 -0 to add Item 8.3. to the agenda. Mr. Vecchiarelli requested to add the following item to the agenda as there was a need to take immediate action on this item and the need for action came to staff's attention subsequent to the agenda being posted. 15.2. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Itani, et al vs. YLWD (Orange County Superior Court — Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (Orange County Superior Court — Case No. 00125994) On a motion by Director Collett, seconded by Director Armstrong, the Board voted 4 -0 to add Item 15.2. to the agenda. Mr. Vecchiarelli then requested that the Board take the Closed Session items immediately following the Consent Calendar. 5. PUBLIC COMMENTS None. 6. SPECIAL RECOGNITION 6.1. Presentation of Proclamation to Leon De los Reyes for 20 Years of Service to the District The Board of Directors presented a proclamation to Mr. De los Reyes for 20 years of service to the District. 6.2. Recognize Hank Samaripa, Project Engineer, for Completion of the ACWA/JPIA Professional Development Program The Board of Directors recognized Mr. Samaripa for completion of the ACWA/JPIA Professional Development Program. Messrs. De los Reyes, Samaripa and Gonzales left the meeting at this time. K 7. CONSENT CALENDAR On a motion by Director Beverage, seconded by Director Armstrong, the Board voted 4 -0 to approve the Consent Calendar. Director Collett abstained from voting on Check No. 51973 of Item No. 7.2. as he had a business interest with the vendor. 7.1. Minutes of the Regular Board of Directors Meeting Held July 9, 2009 Recommendation. That the Board of Directors approve the minutes as presented. 7.2. Payment of Bills, Refunds, and Wire Transfers Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of $1,850,577.69. 7.3. Progress Payment Number 1 for the Zone Reconfiguration Project Recommendation. That the Board of Directors approve Progress Payment No. 1 in the net amount of $196,852.05 to Ken Thompson, Inc. for construction of the Zone Reconfiguration Project, Job No. 200710. 7.4. Progress Payment No. 2 for Construction of the Hidden Hills Reservoir Project Recommendation. That the Board of Directors approve Progress Payment No. 2 in the net amount of $278,100.00 to Pacific Hydrotech Corporation for construction of the Hidden Hills Reservoir Project, Job No. 200028. Mr. Polimino and Ms. Bavol left the meeting at this time. 15. CLOSED SESSION The meeting was adjourned to Closed Session at 8:44 a.m. All Directors in attendance were present. Also present were Messrs. Vecchiarelli, Grady and Kreisler and Ms. Knight. 15.1 Conference with Labor Negotiators Pursuant to Section 54956.7 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Pat Grady Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association The Board reconvened in Open Session at 9:22 a.m. Vice President Mills announced that no action was taken during Closed Session that was required to be reported under the Brown Act. Vice President Mills also announced that Item 15.2. was not discussed during Closed Session and would be taken at the end of the meeting. K3 Mr. Kreisler left the meeting at this time. 8. ACTION CALENDAR Ms. Bavol rejoined the meeting at this time. 8.1. Amended Conflict of Interest Code Mr. Vecchiarelli explained that District last amended its code on September 11, 2008. Staff then forwarded a copy of the amended code to the Clerk of the Orange County Board of Supervisors ( OCBOS) for review and approval by the OCBOS. Following review, the Clerk of the OCBOS has requested that the District modify its code amendment to conform to a standardized format. On a motion by Director Beverage, seconded by Director Collett, the Board voted 4 -0 to approve Resolution 09 -09 Adopting a Conflict of Interest Code which Supersedes all Prior Conflict of Interest Codes and Amendments Previously Adopted, and direct the Secretary to file the District's amended code with the Clerk of the Orange County Board of Supervisors. 8.2. Sewer Maintenance Charges for Locke Ranch and Areas Outside of the District for Fiscal Year 2009/10 Ms. Cyganik explained that the Board considers the sewer maintenance charges on an annual basis. These charges finance the maintenance and operations of the public sewer system maintained by the District and are collected monthly on each customer's water bill or annually on the Orange County Auditor - Controller's property tax roll. The method of collection depends on whether or not the customer resides inside or outside the District's boundaries. The Orange County Auditor - Controller's office requires this resolution to be adopted by the Board prior to charges being added as a special assessment to the property tax roll. Mr. Vecchiarelli clarified that adoption of this resolution would not represent an increase in the current sewer maintenance charges. Mr. Vecchiarelli then responded to questions from the Board regarding the methods of collection and notification requirements should the Board consider increasing the charges in the future. On a motion by Director Beverage, seconded by Director Collett, the Board voted 4 -0 to approve Resolution 09 -10 Adopting the Sewer Maintenance Charge for Locke Ranch and Other Areas Outside the District Boundaries and Electing to have such Sewer Maintenance Charge Collected on the Fiscal Year 2009110 Tax Roll and Rescinding Resolution 08 -09. 8.3. Reschedule the Public Hearing to Consider the 2009 Water Rate Report Mr. Vecchiarelli reported staff had discovered that due in part to a computer glitch, not all of the District's customers received the Notice of Public Hearing scheduled August 27, 2009 at 6:30 p.m. As such, staff is CI requesting that the Board reschedule the public hearing to September 10, 2009 at 6:30 p.m. to allow enough time for a second Notice of Public Hearing to be mailed according to Proposition 218 requirements. On a motion by Director Collett, seconded by Director Armstrong, the Board voted 4 -0 to reschedule the Public Hearing to Consider the 2009 Water Rate Report to September 10, 2009 at 6.30 p.m., and provide notification to District customers according to Proposition 218 requirements. Ms. Bavol left the meeting at this time. 9. DISCUSSION ITEMS 9.1. Web Site and Online Utility Billing Payments Update Mr. Grady provided a brief presentation regarding recent and future additions to the District's website including a new online utility billing payment system. Mr. Grady then responded to questions from the Board regarding the new online bill payment system, which is scheduled to be up and running some time in September. 10. REPORTS, INFORMATION ITEMS AND COMMENTS 10.1. President's Report No report was given. 10.2. Directors' Reports Director Armstrong commented on a conversation he had with a resident regarding water conservation ordinance violations being issued by District staff to residents in the Hidden Hills area. Ms. Botts addressed the Board and stated that she had spoken with the resident and addressed his concerns. Mr. Vecchiarelli stated that staff had been instructed to note and issue violations as they go about their daily duties. Staff does not patrol specifically for violations. 10.3. General Manager's Report Mr. Vecchiarelli reported that the District would be providing water and water bottles for participants in the Relay for Life on August 7t" and 8t" Mr. Vecchiarelli also noted that all of the water conservation ordinance violations issued in July were courtesy notices only. No fines were imposed or collected. Most of the violations issued were for watering between the hours of 9 a.m. and 6 p.m. or for extensive runoff. The District's water usage for the month is down by approximately 11%. Permanent signage regarding the District's water conservation goals and current status will be installed within the next few weeks. The location for each sign is still to be decided. 61 Mr. Kidman commented on the status of the state budget and related borrowing of property tax revenue. Should the Legislature vote to suspend Proposition 1A, approximately $80,000 of the District's property tax revenue could be diverted to the state. These funds would have to be repaid to the District with interest within three years. 10.4. Future Agenda Items and Staff Tasks None. 11. COMMITTEE REPORTS 11.1. Executive - Administrative - Organizational Committee (Summerfield /Mills) Alternate. Collett Meeting scheduled for July 21, 4:00 p.m. was cancelled. Meeting scheduled for August 18, 4:00 p.m. 11.2. Finance - Accounting Committee (Beverage /Summerfield) Alternate. Mills Minutes of the meeting held July 14 were provided in the agenda packet. Directors Beverage and Mills attended. Items discussed during the meeting were as follows: monthly financial statement and investment report for May 2009; Locke Ranch sewer assessment; and the state Individual Registered Warrants (IOU's). Meeting scheduled for August 11, 4:00 p.m. 11.3. Personnel -Risk Management Committee (Armstrong /Collett) Alternate. Summerfield Minutes of the meeting held July 13 were provided in the agenda packet. Directors Armstrong and Collett attended. Items discussed during the meeting were the status of recruitments and risk management activities. Meeting scheduled for August 10, 4:00 p.m. 11.4. Planning- Engineering- Operations Committee (Mills /Armstrong) Alternate. Beverage Meeting scheduled for August 6, 4:00 p.m. 11.5. Public Information - Technology Committee (Collett /Beverage) Alternate. Armstrong Meeting scheduled for August 4, 4:00 p.m. C.1 11.6. City of Placentia Ad Hoc Committee (Beverage /Vecchiarelli) Meeting scheduled for September 17, 4:00 p.m. 11.7. MWDOC /OCWD Ad Hoc Committee (Mills /Collett) Alternate: Summerfield Meeting scheduled for July 28, 4:00 p.m. was cancelled. Meeting scheduled for September 22, 4:00 p.m. 11.8. Revenues and Rates Ad Hoc Committee (Collett /Mills) Minutes of the meeting held July 20 were provided at the meeting. Directors Collett and Mills attended. Items discussed during the meeting were the Notice of Public Hearing to consider 2009 Water Rate Report and the Draft 2009 Water Rate Report. 11.9. Citizens Advisory Committee Meeting scheduled for July 27, 8:30 a.m. was rescheduled to August 3, 8:30 a.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. MWDOC Board, July 15 (Staff) Staff did not attend. 12.2. OCWD Board, July 15 (Staff) Staff did not attend. Mr. Vecchiarelli stated that there would be an item on the next Executive - Administrative- Organizational Committee meeting agenda to discuss the possibility of Board members attending the MWDOC and OCWD Board meetings once a month with staff. 12.3. Yorba Linda Planning Commission, July 15 (Collett) Director Collett did not attend. 12.4. Yorba Linda City Council, July 21 (Armstrong) Director Armstrong attended and stated that the public hearing for adjusting the sewer rates was continued to a future date. Approximately 144 parcels were unaccounted for and did not receive the notice of public hearing. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from July 24, 2009 thru August 31, 2009 The Board reviewed the listed meetings with no changes. rA 14. CONFERENCES AND SEMINARS 14.1. Independent Special Districts of Orange County Quarterly Meeting — July 30, 2009 There was no interest in attending this event. 2009 Public Official Conference — September 24 -26, 2009 On a motion by Director Beverage, seconded by Director Collett, the Board voted 4 -0 to authorize Directors and such staff members of the District as approved by the General Manager to attend the conference. 15. CLOSED SESSION The meeting was again adjourned to Closed Session at 10:23 a.m. All Directors in attendance were present. Also present were Messrs. Vecchiarelli, Grady and Kidman and Mses. Knight and Park. 15.2. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Itani, et al vs. YLWD (Orange County Superior Court — Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (Orange County Superior Court — Case No. 00125994) The Board reconvened in Open Session at 10:56 a.m. Vice President Mills announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 16. ADJOURNMENT 16.1. The meeting was adjourned at 10:57 a.m. The next regular meeting of the Board of Directors will be held August 13, 2009 at 8:30 a.m. E:3 Meeting Date: To: From: Presented By: Prepared By: Subject: SUMMARY: AGENDA REPORT August 13, 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. 6.2 Yes N/A $3,446,034.58 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 $3,446,034.58. DISCUSSION: The major items and wire transfers on this disbursement list are as follows: A wire of $78,529.90 to ACWA -HBA for August 2009 health premium; a wire of $261.96 to ACWA -EAP for August 2009 EAP; a wire of $1,509,039.60 to OCWD for January through June 2009 Replenishment Assessment; a wire of $30,011.00 to ACWA/JPIA for April through June 2009 Workers' Compensation premium; a wire of $721,901.78 to MWDOC for June 2009 water purchase; a wire of $84.81 to Bank of America for June 2009 visa payment; a check of $53,931.50 to Hardy & Harper for June 2009 paving patches on various sites; a check of $51,794.78 to Layne Christensen for Well 11 motor repair; a check of $241,974.32 to Schuler Engineering for Job 200309 progress payment; and, a check of $81,138.84 to Southern California Edison for July 2009 services. The balance of $448,891.08 is routine invoices. ADP is now issuing our payroll checks, with the exception of the third party checks. We have two accounts payable check registers for this Board Meeting because we are in transition to a new Accounting System. The accounts payable check register from our D3 System is $2,537,730.00 and from the new Great Plains System is $679,829.57. Payroll No. 15 total is $228,475.01; and, the disbursements of this agenda report are $3,446,034.58. A summary of the checks is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi - monthly. ATTACHMENTS: Name. Description: Type: 09 -CS 813.doc Cap Sheet 8/13/09 Backup Material CkList 0813 9.pdf Check List 8/13/09 Backup Material August 13, 2009 CHECK NUMBERS: Checks (D3) 52067 TO 52094 $ 306,703.81 Checks (GP) 52095 TO 52197 $ 571,026.71 WIRES: W -72709 ACWA -HBA $ 78,529.90 W- 72709A ACWA -EAP $ 261.96 W -73009 OCWD $1,509,039.60 W -8609 ACWA/JPIA $ 30,011.00 W- 81309A MWDOC $ 721,901.78 W- 81309B Bank of America $ 84.81 $2,339,829.05 TOTAL OF CHECKS AND WIRES PAYROLL NO. 15 (including ADP checks): DISTRICT CHECK NUMBERS: Manual Checks 4339 TO 4343 $ 3,217,559.57 $ 228,475.01 TOTAL: $ 3,446,034.58 ------------------------------------------------------------------ ------------------------------------------------------------------ APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF AUGUST 13, 2009 ------------------------------------------------------------------ ------------------------------------------------------------------ TOTAL DISBURSEMENTS ARE DISTRIBUTED TO THE FUND ACCOUNTS AS FOLLOWS: WATER $ 3,363,310.42 SEWER $ 59,907.50 ID # 1 $ 15,229.54 ID # 2 $ 7,587.12 TOTAL: $ 3,446,034.58 Legend: D3 = Old Accounting System GP= Great Plains New Accounting System Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 07- -24 -09 THRU 08 -13 -09 Check. Check... Posting. Vendor Name ................... Check..... No Date Date Amount 52067 08 -13 -09 08 -13 -09 ARTISTIC MAINTENANCE, INC 205.56 52068 08 -13 -09 08 -13 -09 AT & T MOBILITY 418.65 52069 08 -13 -09 08 -13 -09 AT &T /MCI 785.57 W81309 08 -13 -09 08- -13 -09 BANK OF AMERICA 721,986.59 W81309 08 -13 -09 08- 13-09 BANK OF AMERICA - 721,986.59 81309E 08 -13 -09 08- -13 -09 BANK OF AMERICA 84.81 52070 08 -13 -09 08- 13-09 BONTERRA CONSULTING 3,408.26 52071 08 -13 -09 08 -13 -09 BROWN AND CALDWELL 200.00 52072 08 -13 -09 08 -13 -09 BUTTER ENGINEERING INC 9,221.25 52073 08 -13 -09 08 -13 -09 CAROLLO ENGINEERS 11,683.00 52074 08 -13 -09 08 -13 -09 CITY OF PLACENTIA 591.62 52075 08 -13 -09 08 -13 -09 CLINICAL LAB. OF SAN BERN. 1,765.00 52076 08 -13 -09 08 -13 -09 FAIRWAY FORD SALES, INC. 15.86 52077 08 -13 -09 08 -13 -09 FEDERAL EXPRESS 138.94 52078 08 -13 -09 08 -13 -09 HARDY & HARPER INC. 53,931.50 52079 08 -13 -09 08 -13 -09 HOME DEPOT CREDIT SERVICES 244.83 52080 08 -13 -09 08 -13 -09 LAYNE CHRISTENSEN COMPANY 51,794.78 52081 08 -13 -09 08- 13 -09 LEIGHTON CONSULTING, INC. 789.50 52082 08 -13 -09 08 -13 -09 LIEBERT CASSIDY WHITMORE 4,691.00 52083 08 -13 -09 08 -13 -09 MSO TECHNOLOGIES 12,290.74 52084 08 -13 -09 08 -13 -09 MUNICIPAL WATER DISTRICT 243.00 81309A 08 -13 -09 08 -13 -09 MUNICIPAL WATER DISTRICT 721,901.78 52085 08 -13-09 08 -13 -09 ORANGE COUNTY WATER ASSN. -DUES 50.00 W73009 07 -30 -09 07 -30 -09 ORANGE COUNTY WATER DISTRICT 1,509,039.60 52085 08 -13 -09 08 -13 -09 PAULUS ENGINEERING INC. 20,758.00 52087 08 -13 -09 08- 1.3 -09 PETRA GEOTECHNICAL INC. 6,675.00 52088 08 -13 -09 08 -13 -09 PSOMAS & ASSOCIATES 8,510.93 52089 08 -13 -09 08 -13 -09 RKI ENGINEERING, LLC 7,920.00 52090 08 -13 -09 08 -13 -09 SANCON TECHNOLOGIES INC. 17,500.00 52091 08 -13 -09 08 -13 -09 SHAPELL INDUSTRIES INC. 90,456.02 52092 08 -13 -09 08 -13 -09 STACY BAVOL /PETTY CASH 116.17 52093 08- 13--09 08 -13 -09 TETRA TECH, ISG 41 2,118.63 -52094 08 -13 -09 08 -13 -09 VALVERDE CONSTRUCTION, INC. 180.00 .2,537,730.00 Yorba Linda Water District Check Register For Checks Dated: 07/24/2009 thru 08/13/2009 Check No. Date Vendor Name Amount 52102 08/13/2009 Abigail Abbott Staffing Svc 9,544.65 W8609 08/06/2009 ACWA /JPIA 30,011.00 W72709A 07/27/2009 ACWA -EAP 261.96 W72709 07/27/2009 ACWA -HBA 78,529.90 52103 08/13/2009 Advanced Infrastructure 881.69 52104 08/13/2009 All Purpose Safety Training Solutions, LLC 500.00 52105 08/13/2009 Alpha Omega. Appliances Inc. 199.95 52106 08/13/2009 Anixter Inc. 103.20 52107 08/13/2009 Answer One Communications 516.55 52108 08/13/2009 Aqua - Metric Sales Co. 22,555.01 52109 08/13/2009 Arrow Hardware 559.13 52110 08/13/2009 Artistic Maintenance, Inc 3,495.60 52112 08/13/2009 AT&T 46.09 52111 08/13/2009 AT & T Mobility 670.68 52113 08/13/2009 Avante -Garde Inc. 5,459.00 52115 08/13/2009 AWWA - CA -NV Section 1,040.00 52114 08/13/2009 AWWA - dues 85.00 52116 08/13/2009 Bear State Pump 552.18 52117 08/13/7009 Bell Pipe & Supply 631.36 52118 08/13/2009 Boot World Inc, 1,190.89 52119 08/13/2009 Brown And Caldwell 400.00 52127 08/13/2009 C & L Refrigeration Corp. 622.13 52101 08/13/2009 C G Real Estate Investments 19.22 52130 08/13/2009 C. Wells Pipeline 77.65 52120 08/13/2009 Cadet Uniform Service 872.42 52121 08/13/2009 Calolympic Safety Co. 4,690,66 52122 08/13/2009 CDW Government, Inc 9,235.38 S2123 08/13/2009 Ceridian Benefits Services 100.00 52124 08/13/2009 Citizen's Business Bank 26,886.04 52125 08/13/2009 City Of Placentia 4,614.64 52126 08/13/2009 Cla -Val Co. 3,941.97 52128 08/13/2009 Commworld Orange Coast 271.25 52097 08/13/2009 Cora Constructors Inc 951.35 52129 08/13/2009 Culligan 1,794.40 52134 08/13/2009 D.R. Criske Trucking Inc 49$28 52131 08/13/2009 Dangelo Co. 115.49 52132 08/13/2009 David W. Barmer 120.00 52133 08/13/2009 Digital Map Products, Inc. 1,082.60 52135 08/13/2009 Eisel Enterprises, Inc. 554.46 52136 08/13/2009 Fairway Ford Sales, Inc. 59.71 52137 08/13/2009 Fleet Services, Inc 22.50 52138 08/13/2009 Fry's Electronics 9140 52139 08/13/2009 Fullerton Paint & Flooring 354.49 52140 08/13/2009 Garden Gate Flower Shop 69.59 52141 08/13/2009 General Pump Co., Inc. 705.00 52100 08/13/2009 George Unger 3.25 52142 08/13/2009 Griffith Air Tool, Inc. 313.27 52143 08/13/2009 Haaker Equipment Co. 3.045.21 52144 08/13/2009 Home Depot Credit Services 359.30 52095 08/13/2009 HQT Homes 818.92 52145 08 /13 /20091nfosend 31,383.62 52146 08/13/2009 Jennifer Hill 80.00 52147 08/13/2009 Jobs Available 35.00 52148 08/13/2009 Katrina Brown 2,478.44 52149 08/13/2009 Konica Minolta Business 1,328.00 52150 08/13/2009 Lehigh Safety Shoe Co 654.82 52151 08/13/2009 Leighton Consulting, Inc. 3,518.58 52152 08/13/2009 LPR 593.75 52153 08/13/2009 Mag Systems, Inc. 896.58 52096 08/13/2009 Matlock Assoc Inc 857.04 52154 08/13/2009 Mc Fadden -Dale Hardware 1,208.71 52155 08/13/2009 Mc Master -Carr Supply Co. 7.08 52156 08/13/2009 Minuteman Press 376.28 52157 08/13/2009 Murcal, Inc. 1,501.44 52158 08/13/2009 Muzak Oa 65.25 52159 08/13/2009 MWH Americas, Inc. 24,62329 52160 08/13/2009 Nickey Petroleum Co 4,823.3E 52161 08/13/2009 O.C. Driveline 353.91 52162 08/13/2009 Office Solutions 981.19 52163 08/13/2009 Orange County - HCA 881.00 52188 08/13/2009 Orange County Water Association 95 -00 52164 08/13/2009 Orvac Electronics 147.53 52165 08/13/2009 Pacific Coast Tool & Supply 738.41 52166 08/13/2009 Praxair Distribution 288.40 52099 08/13/2009 Preferred Group Realty 6.08 52167 08/13/2009 Project Partners, Inc. 3,408.75 52168 08/13/2009 Quinn Power Systems Associates 1,068.93 52170 08/13/2009 R J Services, Inc 894.00 52169 08/13/2009 Red Wing Shoes - Sa 2,822.25 52171 08/13/2009 Sacramento Advocates 3,000.00 52173 08/13/2009 Sc Fuels 704.44 52172 08/13/2009 SCEC 2,314.47 52174 08/13/2009 Schuler Engineering Corp. 241,974.32 52175 08/13/2009 Scott W. Moulton 4,313.75 52176 08/13/2009 Selman Chevrolet Company 1,837.39 52177 08/13/2009 South Coast AQMD 3,077.28. 52178 08/13/2009 Southern Calif Edison Co. 81,138.84 52179 08/13/2009 Southern Calif Gas Co. 12,027.57 52180 08/13/2009 Southwest Networks Inc. 215.33 52181 08/13/2009 Southwest Services 864.00 52182 08/13/2009 Stacy Bavol /Petty Cash 137.18 52183 08/13/2009 Staples Business Advantage 535.40 52184 08/13/2009 Stater Bros. Markets 61.77 52185 08/13/2009 Sunstate Equipment Co 338.92 52186 08/13/2009 Support Product Services 10,190.97 52187 08/13/2009 Systems Source Inc 418.25 52098 08/13/2009 Tamara Ross 29.83 52189 08/13/2009 Terminix Processing Center 185.00 52190 08/13/2009 Time Warner Cable 171.28 52191 08/13/2009 Transcat 810.19 52192 08/13/2009 United Industries 66778 52194 08/13/2009 Village Nurseries 87.11 52193 52155 52196 52197 08/13/2009 W & 0 supply Inc 08/13/2005 Wells Supply Co 08/13/2009 Westside Building Material 08/13/2409 Yorba Linda Hardware 1,760.98 7,565.33 399.85 59.12 Total $679,829.57 Meeting Date: To: From: Presented By: Prepared By: Subject SUMMARY: AGENDA REPORT August 13, 2009 Board of Directors Ken Vecchiarelli, General Manager Steve Conklin, Engineering Manager Budgeted: Total Budget: Cost Estimate: Funding Source: Account No: Job No: Dept: Reviewed by Legal: Joe Polimino, Project Engineer CEQA Compliance: ITEM NO. 6.3 Yes $11.2M $11.2M Water Revenue Bond 101 -2700 J- 200309 Engineering N/A MND Progress Payment No. 15 for the Highland Reservoir Replacement Project The Board of Directors awarded a contract to Schuler Engineering for construction of the Highland Reservoir Replacement Project on April 10, 2008 and approved a project construction budget of $11.2M on May 15, 2008. Submitted for consideration is construction Progress Payment No. 15. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 15 in the net amount of $241,974.32 to Schuler Engineering Corporation and 10% retention of $26,886.04 deposited to Citizens Business Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No. 200309. DISCUSSION: In accordance with the contract documents, Schuler Engineering Corporation submitted a request for Progress Pay No. 15 for the period ending July 31, 2009. This progress pay request includes payment for installation of the underdrain and preparation of base material under the reservoir slabs. Construction of both reservoir sumps is complete and the contractor continues to install rebar and formwork for the base slab of the north reservoir bay. The status of the construction contract with Schuler Engineering is as follows: • The current contract amount is $9,384,921.44 and 769 calendar days (includes $335,575.44 in authorized change orders and additional 39 calendar days with approved time extensions). • If approved, Progress Payment No. 15 is $268,860.36 (2.9% of the revised contract amount) less 10% retention of $26,886.04 for a net payment of $241,974.32. • If approved, total progress payments to date including retentions are $5,143,956.65 (54.8% of the total revised contract amount). • As of July 31, 2009, 425 calendar days were used (55.3% of the revised contract calendar days). Staff and Carollo Engineers, the District's construction progress payment request and recommend payment. is attached for your information. PRIOR RELEVANT BOARD ACTION(S): management consultant, reviewed the A copy of Progress Payment Request No. 15 The Board of Directors awarded a construction contract to Schuler Engineering on April 10, 2008 in the amount of $9,049,346 for construction of the project. On May 15, 2008, the Board approved execution of a Professional Service Agreement with Carollo Engineers in the amount of $605,856 for engineering support services, construction management and backup inspection services; a Professional Service Agreement with Leighton Consulting Engineers in the amount of $86,200 for geotechnical services, soils, concrete and materials testing; a Professional Service Agreement with BonTerra Consulting in the amount of $22,251 for environmental compliance services; and approved the construction budget in the amount of $11,200,000 for construction of the Highland Reservoir Replacement Project. On April 9, 2009, the Board approved an amendment to BonTerra's Professional Services Agreement in the amount of $15,700 for additional environmental compliance services. The Board has approved 14 progress payments to date, the most recent of which was approved on July 9, 2009. ATTACHMENTS: Description: „ Schuler Engineering PPR 15 Highland Reservoir.pdf Schuler Engineering PPR15 Highland Reservoir Backup —a . YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Highland Reservoir PROGRESS PAY REQUEST NO. 15 LOCATION Yorba Linda PROJECT NO. J- PAGE 1 OF 1 PAGES 200309 CONTRACTOR Schuler Engineering__ ORIGINAL CONTRACT AMOUNT: $ 9,049,346.00 AUTHORIZED CHANGE ORDERS: $ 335,575.44 $ 514,395.68 REVISED CONTRACT AMOUNT: $ 9,384,921.44 PAY ESTIMATE FOR PERIOD July 1, 2009 TO DATE July 31.2009 31, 2009 VALUE OF WORK COMPLETED CHANGE ORDER WORK COMPLETED TOTAL VALUE OF WORK COMPLETED LESS RETENTION 10% LESS OTHER DEDUCTIONS AMOUNT DUE THIS ESTIMATE LESS AMOUNT PREVIOUSLY PAID BALANCE DUE THIS ESTIMATE $ 4,550,57737 $ 264,221.36 $ 324,518.92 $ 4,639.00 $ 4,875,096.29 $ 268,860.36 1 S 4,814,798.73 $ S 329,157.92 5,143,956.65 $ 514,395.68 425 CALENDAR DAYS $ 4.629,560.97 $ 4,387,586.65 $ 241,974.32 NOTICE TO PROCEED COMPLETION TIME APPROVED TIME EXTENSIONS TOTAL CONTRACT TIME TIME EXPENDED TO DATE TIME REMAINING 344 CALENDAR DAYS REQUESTED BY: � � DATE.. S LE ENGINEERING- CONTRAC OR Chas Wick APPROVED BY: DATE: CAROL O -OW ER'S- REPRESENTATIVE Brian Wilson APPROVED 6Y: DATE: YLWD- OWNER Steve Conklin 7--k7k / ' lkq 7 2,`<, -df ,June 2,2008 730 CALENDAR DAYS 39 CALENDAR DAYS 769 CALENDAR DAYS 425 CALENDAR DAYS 344 CALENDAR DAYS REQUESTED BY: � � DATE.. S LE ENGINEERING- CONTRAC OR Chas Wick APPROVED BY: DATE: CAROL O -OW ER'S- REPRESENTATIVE Brian Wilson APPROVED 6Y: DATE: YLWD- OWNER Steve Conklin 7--k7k / ' lkq 7 2,`<, -df AGENDA REPORT Meeting Date: August 13, 2009 To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Steve Conklin, Engineering Manager Prepared By: Ariel Bacani, Engineering Technician II Budgeted: Funding Source: Account No: Job No: Dept: Reviewed by Legal: CEQA Compliance: ITEM NO. 6.4 N/A Developer Funded 1/2-2600 200913 Engineering N/A N/A Subject: Terms and Conditions for Water and Sewer Service with Dentino Properties SUMMARY: Dentino Properties is proposing to develop a residential lot on the west side of Longview Circle, between Yorba Linda Boulevard to the north and Buena Vista Avenue to the south. The property is approximately 2.56 acres and is located within Water Pressure Zone 2 of the District's Western Service Area. An exhibit depicting the project location is attached for your reference. STAFF RECOMMENDATION: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Dentino Properties, Job No. 200913. COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee discussed this item at its meeting held August 6th and supports staff recommendation. DISCUSSION: The District has an existing 8 -inch water pipeline located in an easement that extends westerly from Longview Circle. There is an existing oil well that is centrally located on the easterly half of the property. The oil well's location prevents the extension of the water main to serve the new home. Instead, the applicant is requesting a water service connection at the west end of the pipeline. The District will require the applicant to abandon an existing 4 -inch cast iron water pipeline within the project site. In addition, the applicant will be required to replace the terminal blow -off assembly with a fire hydrant at the end of the 8 -inch water main. The applicant's property is located within Drainage Area 2 of the District's Sewer Service Area. The District has an existing onsite sewer main that ends near the west side of the property. The applicant will be required to extend the sewer main easterly by approximately 85 feet with a terminal manhole and construct a 4 -inch house lateral to the 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 Water and Sewer Service with Dentino Properties are attached for consideration. ATTACHMENTS: Description: Type: 200913 TC.pdf Dentino T &C Backup Material Dentino_Exhibit.pdf Dentino Exhibit Backup Material YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR WATER AND SEWER SERVICE NAME OF APPLICANT: DENTINO PROPERTIES LOCATION OF PROJECT: WEST END OF LONGVIEW CIRCLE TRACT NUMBER: N/A JOB NUMBER: 200913 Date: August 13, 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: DENTINO PROPERTIES LOCATION OF PROJECT: WEST END OF LONGVIEW CIRCLE 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) X 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) X The applicant shall complete an Application to and Agreement for Water Service. 15) X The applicant shall pay all of the water fees as required by the Rules and Regulations of the District. 16) X The applicant shall pay meter fees associated with the installation of radio read meters for this project. 17) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Water Service. 18) X 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: DENTINO PROPERTIES LOCATION OF PROJECT: WEST END OF LONGVIEW CIRCLE 19) X 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) X The applicant's water facilities (on -site) shall be Privately owned and maintained. 21) X 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) X 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) X 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) X All existing water services that are not useable in the new plan shall be cut and plugged at the main line. 27) X The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 28) X 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) X The applicant shall adjust and raise to grade all valve covers within the limits of this project. 30) X 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) X 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: DENTINO PROPERTIES LOCATION OF PROJECT: WEST END OF LONGVIEW CIRCLE 32) X 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) X The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. 34) X 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) X 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) X 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: DENTINO PROPERTIES LOCATION OF PROJECT: WEST END OF LONGVIEW CIRCLE 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 install one new water service, replace an existing terminal blow -off assembly with one new fire hydrant, and abandon an existing 4 -inch cast iron water pipeline, per approved plans and District Specifications. 49) X The applicant shall install approximately 85 feet of new 8 -inch VCP sewer main with a terminal manhole and one new sewer lateral, per approved plans and District Specifications. I hereby certify that the foregoing Terms and Conditions were approved at the August 13, 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 YORBA LINDA BLVD. I I I I I � � I EX. 8" SEWER } �PR �I ISEWER w EASEMENT I EX. MH , QI EX. MHI 0i — -- -- 30' EASEMENT FOR pl INGRESS & EGRESS Ld I LL_ I C) j N iy- N ■N CIC y■y rn " I I ■ II � ■ ■ I BUENA VISTA AVENUE VICINITY MAP N.T.S. 1 1 ISED 85 FEET 8" SEWER I -PROPOSED 4" LATERAL I R I 1 � RI I I I R PLAN HIGH BLOCK " WALL 1 1 IR EXISTING PROPOSED FIRE I HOUSE HYDRANT I EX. WATER SERVICE EX. 8" WATER Z I EX. BLOW -OFF - - -- ----- - - - - -- -- EXISTING W It OIL WELL FO — I W_- -_w — QO I -- -- --------- - - - - -- 3 t I Y.L.W.D. SEWER & VR WATER EASEMENT V m I PROPOSED 2" ' WATER SERVICE Lu 1.4 I EXISTING HOUSE _w CUT &PLUG _7EX. 4" CIN WATER LINE II EX. 6" CIN WATER LINE I III N AGENDA REPORT Meeting Date: August 13, 2009 To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Steve Conklin, Engineering Manager Prepared By: Hank Samaripa, Project Engineer Subject: Asset Management Plan SUMMARY: Budgeted: Total Budget: Cost Estimate: Funding Source: Account No: Job No: Dept: Reviewed by Legal: CEQA Compliance: ITEM NO. 6.5 Yes $120,000 $120,000 All Water Funds 400401 J- 200909 Engineering N/A N/A The Yorba Linda Water District maintains its water and sewer capital equipment and facilities on an on -going basis and provides funding in its annual budget for this purpose. The District is looking at the adequacy of its maintenance program and the appropriate level of funding to plan for future replacements, while continuing to deliver the service its customers desire and regulators require. With this in mind, the District has budgeted for the preparation of an Asset Management Plan (AMP). The AMP will identify all of the District's capital assets, the current condition of each, the risk profiles, and the long -term Rehabilitation and Replacement (R &R) funding requirements. With the understanding of the long -term R &R requirements, the AMP will present a proposed funding policy to fulfill the needs to maintain the District's assets. For the preparation of the Asset Management Plan, staff issued a Request for Proposals and received three consultant proposals for the project. Following an evaluation, staff recommends award to Carollo Engineers for a fee not to exceed $112,000. STAFF RECOMMENDATION: That the Board of Directors authorize execution of a Professional Services Agreement with Carollo Engineers in the amount of $112,000 to provide an Asset Management Plan for water and sewer asset replacement. COMMITTEE RECOMMENDATION: The Planning Engineering Operations Committee reviewed this matter at its August 6, 2009 meeting and supports staff's recommendation. DISCUSSION: Engineering staff prepared a Request for Proposal for a Capital Asset Management Plan and solicited seven engineering consulting firms experienced in this field. Three replied and submitted a proposal. The District's review team ranked and scored the proposals based on experience, content, and understanding of the project. Below are the results of the ranking. Firm Carollo Engineers Brown /Caldwell MWH Evaluation Score 13.79 12.57 12.02 Proposed Fee $112,000 $109,250 $182,545 The Carollo Engineers proposal and project team presented the best overall understanding of the project, presentation of the scope of work to meet the project requirements, a well - qualified project manager and excellent experience for the firm and the project manager. Based on these results and the competitive fee, staff recommends award to Carollo Engineers. Meeting Date: To: From: Presented By: Prepared By: Subject: SUMMARY: AGENDA REPORT August 13, 2009 Board of Directors Ken Vecchiarelli, General Manager Steve Conklin, Engineering Manager Steve Conklin, Engineering Manager Budgeted: Total Budget: Cost Estimate: Account No: Job No: Dept: Reviewed by Legal: CEQA Compliance: Change Order to Well 12 Testing Contract ITEM NO. 6.6 Yes $190,000 $57,000 101 -2700 200813 Engineering N/A N/A The testing of Well 12 has been completed to determine modifications to the well and operational changes to achieve the best continued long -term production of the 60- year -old well. The testing program was performed by General Pump Company, who was retained based on competitive bidding in accordance with District procedures. The testing program was based on specifications prepared by CDM, the District's consultant, who also monitored the testing. Following the completion of the test program and the analysis of the results, General Pump was requested to submit a cost proposal to provide and install the modifications to the well, as recommended by CDM. District staff has reviewed the cost proposal and recommends approval, as Change Order No. 1, a copy of which is attached. STAFF RECOMMENDATION: That the Board of Directors approve Change Order No. 1 in the amount of $56,973.39 to provide and install a new water -lube pump, metal packer and other appurtenances and to extend the contract time by an additional 35 calendar days for the extra work. COMMITTEE RECOMMENDATION: The PEO Committee discussed this item at its meeting held August 6, 2009 and supports staff recommendation. DISCUSSION: The testing of Well 12 occurred between June 12 and 24 under various conditions, to determine a reasonable and sustainable flow rate that would not have entrained air in the discharge. The air is a result of water cascading down in the well casing due to the continuing drop of the aquifer level. A test packer was inserted in the well casing at two different depths. A test pump was operated at varying discharge rates with the packer inflated and uninflated to determine water flow, air entrainment and sand generation under various conditions, as observed and directed by CDM's hydrogeologist. Following a review of the findings with District staff, CDM recommended the installation of a metal cylinder the same shape as a packer 140 feet below grade, to isolate the air in the column from the water being withdrawn from the well. They also recommended that the flow be limited to 1200 gallons per minute. Historically, Well 12 has operated at 2,000 gpm when the aquifer was at higher levels. A copy of the field investigation report and recommendations by CDM is attached. The original contract with General Pump for the testing program was for $49,985. The change order proposal was for $77,173.39. However, from that amount there were deductions for tasks not required under the original contract ($9,200 deduction) and for providing a metal packer assembly in place of an inflatable packer ($11,000 deduction). The net proposed Change Order No. 1 is for $56,973.39, which would increase the total contract amount to $106,958.39 and would add 35 calendar days to the contract. District staff has reviewed the change order proposal amounts for labor and materials and finds them to be reasonable and appropriate. Staff recommends approval of the change order so that we can proceed with restoring Well 12 to service. PRIOR RELEVANT BOARD ACTION(S): On August 28, 2008, the Board approved a Professional Services Agreement with CDM for hydrogeologic services for the wellfield optimization, for a fee not to exceed $54,390. ATTACHMENTS: Nam,- Description: CO for Well 12.pdf Change Order Type: Backup Material YORBA LINDA WATER DISTRICT CONTRACT NAME: Well 12 Testing S Retrofit, Job 200813 CHANGE ORDER NO. 1 DATE July 30, 2009 HPage 1 of 1 CONTRACT AMT.: $ 49,985 DAYS: 30 CONTRACTOR: General Pump Company THIS CHANGE: wµ$56,973.39 DAYS: 35 DESCRIPTION OF CHANGES /OR OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $106,95839 DAYS: 65 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner. The amount of the contract will be increased by the sum of $56,973.39 and the contract time shall be increased by 35 calendar days. The undersigned Contractor approves the foregoing Change Order as to the changes, if any. In the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, Inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. This Change Order constitutes full, final, and complete compensation to the Contractor for all costs, expenses, overhead, profit, and any damages of every kind that the Contractor may incur in connection with the above referenced changes in the work, including any impact on the referenced work of any other work under the contract, any changes in the sequences of any work, any delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract. By the execution of the Change Order, the Contractor accepts the contract price change and the contract completion date change, if any, and expressly waives any claims for any additional compensation, damages or time extensions, in connection with the above - referenced changes. RECOMMENDED. ACCEPTED: Steve Conklin, Engineering Manager Mike Rodiart, Director of Engineering APPROVED: Ken Vecchlarelli, General Manager OWNER +INCREASE CONTRACT CONTRACTOR DATE: TIME DESCRIPTION OF CHANGES /OR +EXTENSION 1 - DECREASE IN OR - REDUCTION CONTRACT (DAYS) AMOUNT 1) Provide water -Tube pump and packer per July 23, 2009 proposal, as attached +77,173,39 2) Deduct lower packer, low -meter survey and Besst survey from original contract - 9,200.00 per July 23, 2009 proposal 3) Provide metal packer assembly in place of inflatable packer with stainless steel -11,000.00 air lines and fittings per July 30, 2009 proposal, as attached NET CHANGE $56,973.39 REVISED CONTRACT AMOUNT AND TIME $106,958.39 The amount of the contract will be increased by the sum of $56,973.39 and the contract time shall be increased by 35 calendar days. The undersigned Contractor approves the foregoing Change Order as to the changes, if any. In the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, Inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. This Change Order constitutes full, final, and complete compensation to the Contractor for all costs, expenses, overhead, profit, and any damages of every kind that the Contractor may incur in connection with the above referenced changes in the work, including any impact on the referenced work of any other work under the contract, any changes in the sequences of any work, any delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract. By the execution of the Change Order, the Contractor accepts the contract price change and the contract completion date change, if any, and expressly waives any claims for any additional compensation, damages or time extensions, in connection with the above - referenced changes. RECOMMENDED. ACCEPTED: Steve Conklin, Engineering Manager Mike Rodiart, Director of Engineering APPROVED: Ken Vecchlarelli, General Manager OWNER DATE: CONTRACTOR DATE: OWNER DATE: a GENERAL � PUMP COMPANY WFLL & PUMP SERVICE SINCE 1952 . July 23, 2009 Yorba Linda Water District 1717 East Miraloma Avenue Placentia, California 92870 Attn: John Decriscio 159 N. ACACIA S'T'REET - SAN DIMAS, CA 91773 P[[ONE: (909) 599 -9606 - FAX: (909) 599 -6238 Subject: Well 72 — Water Lube Pump !Packer Lie. #496765 Via E -mail General Pump Company is pleased to submit the following scope of work and cost to provide the above referenced water tube equipment and packer. Scope of Work • Pull out test pump and convert to water lube. • Furnish and install new water tube column pipe, retainers, couplings and line shaft. • Sandblast, inspect and paint discharge head. • Sandblast, inspect and rebuild packing box. • Install packer and pump. • Completely disassemble gear drive and inspect and repair. Cost .Shop Labor • Disassemble pump bowls and inspect 8 Hrs • Clean bowl parts and prepare for reassembly 4 Hrs • Assemble pump bowls for water lubrication. 8 Hrs • Machine top column parallel & concentric to center line of pump 8 Hrs • Pressure wash new column, clean threads and couplings 3 Hrs • Machine & modify two water lube retainers to install in packer couplings 2 Hrs • Install new shaft couplings. 3 Hrs • Remove top column from head, remove top column flange 2 Hrs • Clean taped holes, install new top column flange wl new bolting 2 Hrs • Machine new top column parallel and concentric to center line of pump. 8 Hrs • Machine head shaft 6 Hrs • Rebuild Packing box 2 Hrs • Install Pre -lube fittings 2 Hrs • Mount water level gage and fittings on customers head 2 Hrs © GENERAL PUMP COMPANY Shorn Labor (Continued): Mr. John DeCriscio Yorba Linda Water District July 23, 2009 Page -2- • Inspect and assemble and paint discharge head after sandblast 6 Hrs • Sandblast, paint packing box & prepare for installation 3 Hrs • Assemble pumping equipment. 7 Hrs • Unload and stage equipment for installation. 6 Hrs Outside Service • Sandblast discharge head $ 480.00 • Transport - 2 Hrs. @ $98 /1Ir. 196.00 • Gear drive repair — Est. - - -- Labor $ 3,800.00 Est. — Material 1,200.00 Sales Tax 437 .550 5,437.00 6,113.50 GPC Engineering (37 firs.) and CAD Pimp Drawings Included .Subtotal $77,173.39 82 Hrs. G $98/Hr. $8,036-00 Materials • Packer assembly (includes stainless steel air lines and fittings) $ 19,620.00 • 10' LG water lube column 10,494.00 • 5' LG water lube column. 1,320.00 • 10 ft. 416SST line shafts with CIS couplings 9,735.00 • 5 ft. 41.6SST line shafts with CIS couplings 980.,44 • 1 %" x 10" water lube spiders (threaded style) 4,860.00 • Column coupling 197.00 • Top column flange 1,140.00 • Stuffing box bearing 106.04 • Set Garlock 8909 pump packing 105.00 Head shaft 416 SS 799.00 • Bronze adjusting nut, gib key & lock screw 215.04 • Gallon Gear oil 26.00 • Lot, Gaskets & bolting kit 150.00 • Miscellaneous assembly lube, solvents, paint, permatex sealant, bolting. 240.00 • 14" remanufactured heavy duty bowl assembly 7,966.00 • Sales Tax rr 8.75% 5,070.8 $63,023.89 Outside Service • Sandblast discharge head $ 480.00 • Transport - 2 Hrs. @ $98 /1Ir. 196.00 • Gear drive repair — Est. - - -- Labor $ 3,800.00 Est. — Material 1,200.00 Sales Tax 437 .550 5,437.00 6,113.50 GPC Engineering (37 firs.) and CAD Pimp Drawings Included .Subtotal $77,173.39 GENERAL PUMP COMPANY Deductions from Contract 1. Lower Picker Quantity — One @ $1,600 2. Conduct flow meter survey. 3. Conduct Sesst survey. Mr. John DeCriscio Yorha Linda Water District July 23, 2009 Page -3- ($1,600.00) ($2,500,00) ($5,100.00 Total Adjusted Change Order Requested $67,973.39 Please do not hesitate to give us a call if you have any questions or need additional information. Thank you. Sincerely, GENERAII PUMP COMPANY W ichae[Bodan Michael Bodart Director of Engineering a GENERAL � PUMP COMPANY WELL & PUMP SERVICE SINCE 1.952 July 30, 2009 Yorba Linda Water District 1717 East Mi,raloma Avenue Placentia, California 92870 Attn: John Decriscio Subject: Well 12 — Packer Assembly Clear John, 159 N. ACACIA STREET - SAN DIMAS, CA 91773 PHONE: (909) 599 -9606 - FAX: (909) 599 -6238 Viva E -m ail Lic. #496765 Per our phone conversation yesterday, General Pump will reduce the cost of the packer assembly by $11,000. This savings includes tax and freight. The flow restricting packer assembly will be manufactured on a 10" piece of water tube column pipe. The new packer, although dimensionally very close to the same, will not inflate. The lead time is 3 weeks. The remainder of the material has a one week delivery, therefore this option adds two weeks to the completion date. Sincerely, GENERAL PUMP COMPANY, INC. WichaeC (Bodart Michael Bodart Director of Engineering cc: Matt Hinson — GPC : Julio Martinez - GPC 111 Academy, Suite 150 Irvine, CA 92 617 tel: 949 752 -5452 fax: 949 725 -3790 July 13, 2009 icon de los Reyes Water Quality Engineer Yorba Unda Water District 1717 I ast Miraloma Avenue Placentia, CA 92870 Subject: YLWD Well 1.2 Testing Recommendations Dear Leon: As discussed in our telephone conversation on Thursday, July 9th, this letter is a summary of the finding of the testing at Well 12 and presents our recommendations. Field Investigation Well 1.2 was testes{ with a packer assembly and pump set at two different depth. Initially, on June 12, 2009, General Pump installed the packer assembly which consisted of a 6 foot 18.5 -'inch diameter packer set at a depth of 114 below the top of the pump pad (topp) (1.7 feet above ground surface) with a pump installed 60 feet below the packer assembly. The packer is shown in the photo on the right. A ' sounding tube/ camera tube was installed as part of the packer assembly to a depth of 121 feet. The pump intake was installed at 195 feet below the topp. All the water levels were taken relative to the top of the 2 -inch sounding tube that passes through the packer. The stickup for the sounding tube was 1.82 feet above the pump pad and 2.52 feet above the ground surface. The static water level was 87.88 feet measured above the packer in the annulus between the casing and the pump column and 90.68 feet measured in the sounding tube below the packer. There was a 2.8 feet water level difference above and below the packer. The initial tests were done with the packer uninflated. When the well started discharging, the initial discharge was colored and turbid, but quickly cleared. A Baker tank was set up to capture any solids resulting from the test. P:12351 -YLW Dtwe11121we1112 recommendatlons 07132009v 1.dac CDM Leon de los Reyes July 13, 2009 Page 2 The technique for checking for air entrainment was to sample water from a centrally located port between the gate valve and the pump. This water was under pressure until it was discharged into a tub (see the photo). '['here was a garden hose attached to 3/4 pipe. The discharge was submerged and directed into a clear glass jar. This allowed any air in the discharge to be captured and seen in the glass Jar. It was very easy to see when air was present. The pumping rate was slowly increased until air was noted. There was no air at a pumping rate of 1,098 gpm but there was cascading water. Air was noted in the discharge at a rate of 1,486 gpm with the packer uninflated. Af €er €he air was noted at 1,456 gpm the pumping rate was reduced to 1,300 gpm where minor air was still noted and then 600 gpm and the packer was inflated to 20 psi. There was a change in the water levels above and below the packers and this confirmed that the packer was inflated. The pumping rate was slowly increased from 600 gpm to 1,374 gpm. At 600 gpm and 1000 gpm, no air was noted in the discharge. The well was increased to 1200 gpm. Sand production in the discharged water was measured using a Rossum Sand Tester during the pumping. Sand was noted at 1,374 gprn at a volume large enough to color the water and add sand to the Rossum Sand Tester. The sand production was short lived and was probably the lower section of the well being developed. After ten minutes, the water had cleared. At 1,374 gpm the sand content ranged from 47 ppm to 0 ppm over ten minutes with the numbers decreasing as the pumping continued. At a rate of 1,374 gpm the well was discharging air. A simple test was conducted to indicate the sou rce of the air. The two inch tube was sealed at the surface with a threader{ cap. In just a few minutes of pumping the air in the discharge stopped. The air below the packer was therefore coming from the surface through the two -inch sounding /camera tube. The probable mechanism for this air entrainment was turbulent flow in [lie zone between the water surface in the well below the packer and the base of the packer. "There was a head difference of approximately 34 feet between the zone above the packer and the section below the packer that likely led to discharge around the packer through the annulus/ formation outside the well. This water was then able to enter the ;zone below the packer through slots, including those above the water surface, inducing turbulent flow. When the access tube was open to the atmosphere, this allowed entrainment of air, which then moVed downward to the pump intake, since a significant portion of the well yield originates in the shallow portion of well above the packer. P: 12351- YLWMwe11121we1112 recommendations 07132009 vl.doc CDM Leon & los Reyes July 113, 2009 Page 3 On June 19th a video camera was lowered down the well in the annulus between the casing, and pump column above the packer assembly. The packer was inflated to 20 PSI. The pumping rate was increased from 5001 to approximately 1,450 gpm at which time the air was noted in the discharge. The video showed no indication of moving water above the packer. The pumping rate was decreased to 500 gpm and the camera was lowered through the two -inch sounding tube to a point approximately 30 feet below the packer and above the pump intake. 'E he rate was slowly increased. At 1,200 gpm there were significant bubbles visible in the water. This confirmed that there was air in well below the packer at a lower rate than was visible at the surface. This may have also been due to the issue noted above, where the access tube was providing the air to the turbulent flow Tone. The pump was shut off. The camera was lowered below the bowls to a depth of 214 feet. 'Phis is the top of the lower perforation section of the well. The particles were failing after the well was turned on at a rate of 650 gpm. The pumping rate was slowly increased to 1,200 gpm at which time the partic Ies no longer fell. This indicated that the lower section of the well was producing water. The pump was Shut off and the camera was removed. Summary of the first test The first test placed the bottom of the packer at 120 feet below the top of the pump pad. With the packer uninflated there was air in the discharge at 1,500 gpm. With the packer inflated there was air in the discharge at 1,400 gpm. The source of the air is from the surface. This was confirmed by capping the two -inch sounding tube. After a few minutes of pumping at 1,400 gpm the air in the flow stopped. The use of the camera confirmed that air was present in the well at 1,200 gpm, but the air wits not coming to the surface. The camera also confirmed that the lower perforated section of the well is contributing water. Summary of the second Lest On June 23rd, General Pump lowered the packer assembly to a depth of 160 feet below topp. On June 24th the static water level was 87.45 feet in the sounding tube and 88.90 feet in the annulus between the casing and pump column above the packer. The stickup for the sounding tub remained unchanged. The well was pumped at approximately 750 gpm with the packer uninflated increasing gradually to 1,629 gpm at which time air was noted in the discharge with some sand noted. The pumping rate was decreased to 800 gpm and the packer inflated. The pumping rate was then increased to 1,115 gpm and the sand rate increased. The pumping water level was 143 feet below the top of the sounding tube which was the same depth as the bottom of the packer. Because of the pumping water level depth it was decided to pump the well without the packer inflated again, providing additional evidence that a significant portion of the yield from this well originates in the upper screen interval. The pumping rate was increased to 1,440 gpm. when air was noted in the discharge at which time the rate was decreased to 1,330 gpm which still indicated air in the discharge. The pumping rate was reduced to 1,225 gpm and the air was eliminated and there was no sand. The rate R%2351- YLVVMwe]112%weIH 2 recommendations 07132009v I . rtoo CDM Loon de los Reyes July 13, 2009 Page 4 was increased slightly and extremely small bubbles, were noted at which time the pump was turned off after pumping for an hour. Conclusion and Recommendations The packer can be used to isolate air from the discharge if it is set at a depth of 140 feet from the top of the pump pad, and no source of air from the surface is available below the packer. The obstruction caused by the packer appears to be causing coalescing of the bubbles and the obstruction appears to be the major role in de- airing the water. 'fhe maximum flow attained with the packer at this depth was 1,225 with out air in the discharge. A sustainable putnping rate is estimated to be 1,200 l pin. This pumping rate is appropriate under the current water table conditions. if the water table were to decrease over time, the pump may start having air in the discharge, even while using the packer and at that time the discharge rate would have to be decreased. A "dummy" with the same dimensions of the packer (a cylinder, 18.5 inch diameter by 6 foot long) should be welded to a piece of pump column and installed at a depth of 140 feet. The pump should be installed below the packer in the blank section between a depth of 223 and 251 feet below the top of the pump pad. It is recommended that the well be pumped at 1,200 gpm after the pump assembly is installed. During, pumping, the water levels should be monitored regularly. The key is to make sure the water level never drops below the bottom of the packer. It should be noted that if the water levels continue to drop then the pumping rate will have to decrease also or the air may appear again. Should you have any questions or require additional clarification, please feel free to call Mike Smith (303- 383 -2411) or myself. Very truly yours, Suzanne M. Rowe, P.G., C.HG, Project Manager Camp Dresser & McKee Inc. cc: Mike Smith PV351- YLWMwef1121we1112 recommendations 07132009 v1 doc AGENDA REPORT Meeting Date: August 13, 2009 To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Steve Conklin, Engineering Manager Prepared By: Hank Samaripa, Project Engineer Budgeted: Cost Estimate: Funding Source: Account No: Job No: Dept: Reviewed by Legal: CEQA Compliance: ITEM NO. 7.1 No $250,000 All Water Funds 400401 J- 200912 Engineering N/A MND Subject: Proposed Installation of Solar Panels on Spring View Reservoir SUMMARY: Yorba Linda Water District has been investigating the feasibility of installing photovoltaic (PV) solar panels since 2004. Five studies have been performed over the last five years, generally indicating payback in 10 -15 years. As a means of determining the true cost of construction and operating a PV System, staff is recommending installing a 30kW pilot system at the Spring View Reservoir site. With this in mind, staff solicited Design /Build proposals from five solar providers. Following an evaluation of the three proposals received, Staff recommends award to Akeena Solar Inc. for a cost not to exceed $227,489. While this project was not funded in the current fiscal year budget, it is anticipated that savings on other projects will cover the cost of this pilot project. In addition, Staff will apply for a rebate under the California Solar Initiative program to lower our overall cost of the project. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to execute a contract with Akeena Solar Inc. in the amount of $227,489 to provide engineering design /build services for the construction of a 30kW peak photovoltaic solar panel installation for the Spring View Reservoir and Booster Pump Station site. COMMITTEE RECOMMENDATION: The Planning Engineering Operations Committee reviewed this matter at its August 6, 2009 meeting and supports staff's recommendation. DISCUSSION: Staff recommends that a relatively small solar power system be purchased and installed at the Spring View site to provide a portion of the power required by the booster pumps. This would allow us to gauge the cost and benefits of solar power at a relatively modest cost before considering a larger -scale investment. The Engineering staff prepared and sent a Request for Proposal to five solar providers experienced in this field. Three proposals were received from qualified installers. After reviewing each solar provider's proposal, Engineering staff is recommending Akeena Solar Inc. for the PV solar panel installation. The ranking of the cost proposals is as follows. Firm Bid Akeena $227,489 ASIT $258,928 Silverwood Energy $262,232 PRIOR RELEVANT BOARD ACTION(S): None. ITEM NO. 7.2 AGENDA REPORT Meeting Date: August 13, 2009 To: Board of Directors Funding Source: N/A From: Ken Vecchiarelli, General Manager Presented By: Gina Knight, Human Resources Dept: Administration Manager Reviewed by Legal: Yes Prepared By: Gina Knight, Human Resources CEQA Compliance: N/A Manager Subject: Employee - Employer Relations Between the District and Its Recognized Employee Organizations SUMMARY: Resolution 09 -11 establishes rules of engagement and uniform methods of communications for future negotiations between employees, employee organizations and the Yorba Linda Water District. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution 09 -11 Implementing Chapter 10, Division 4, Title 1 of the Government Code, State of California, "Local Public Employee Organizations ". COMMITTEE RECOMMENDATION: The Personnel -Risk Management Committee will discuss this item at its meeting on August 10, 2009. Staff will report the Committee's recommendation at the Board meeting. DISCUSSION: The District does not have a resolution in place which establishes reasonable rules, guidelines and regulations for the negotiation process with its recognized employee organizations. This resolution is customary for agencies that employ represented employees. Staff was assisted by Liebert Cassidy Whitmore, a Labor Relations Law firm, to develop the District's Employee - Employer Relations Resolution. The resolution was reviewed in the Meet and Confer process by both the District's Negotiating Team and the Employee's Bargaining Unit Representatives. In summary, the resolution addresses the following: • Procedures for Meeting and Conferring • Filing Recognition Procedures by an Employee Organization • Employee Organization Election Procedures • Decertification Procedures of Recognized Employee Organizations • Employee Organization Activities — Use of District Resources . Impasse Procedures Staff met and conferred with the Employee's Bargaining Unit Representatives. On July 20, 2009, the parties submitted their Meet and Confer disputes to a representative of the State Mediation and Conciliation Services. The attached resolution represents the agreement of the parties following successful completion of the mediation process. Therefore, staff recommends that the Board of Directors adopt the resolution which defines the guidelines to be used during the meet and confer process and encourages more effective and successful good -faith bargaining between employee organizations and the District. PRIOR RELEVANT BOARD ACTION(S): In November 2008, the Personnel -Risk Management Committee reviewed and discussed the draft Employee - Employer Relations Resolution (EERR). ATTACHMENTS: Description: Resolution 09 -11 - Employee - Employer Relations.doc Resolution 09 -11 RESOLUTION NO. 09-11 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT IMPLEMENTING CHAPTER 10, DIVISION 4, TITLE 1 OF THE GOVERNMENT CODE, STATE OF CALIFORNIA, "LOCAL PUBLIC EMPLOYEE ORGANIZATIONS" WHEREAS, the District wishes to implement Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations; and WHEREAS, the District intends to strengthen methods of administering employee - employer relations through the establishment of uniform methods of communications between employees, employee organizations and the Yorba Linda Water District, NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District to implement the following provisions. Article 1. General Provisions Section 1: Statement of Purpose This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations," (the Meyers- Milias- Brown Act) by providing orderly procedures for the administration of employee - employer relations between the Yorba Linda Water District and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of state law, ordinances, resolutions and rules which establish and regulate the merit and civil service system, or which provide for other methods of administering employee - employer relations. This Resolution is intended, instead, to strengthen merit, civil service and other methods of administering employee - employer relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the Yorba Linda Water District. It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly and significantly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law, or by the laws governing and /or creating the Yorba Linda Water District. However, nothing herein shall be construed to restrict any legal or inherent exclusive Yorba Linda Water District rights with respect to Resolution No. 09 -11 Employee - Employer Relations matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment; determine the rules and policies under which employment is to be managed; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; determine the content of job classifications; subcontract work; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Section 2. Definitions As used in this Resolution, the following terms shall have the meanings indicated: a. "Appropriate unit" means a unit of employee classes or positions, established pursuant to Article II hereof. b. "District" means the Yorba Linda Water District, and, where appropriate herein, refers to the Board or any duly authorized District representative as herein defined. C. "Confidential Employee" means an employee who, in the course of his or her duties, has access to confidential information relating to the District's administration of employee - employer relations. d. "Consult /Consultation in Good Faith" means to communicate orally or in writing with all effected recognized employee organizations for the purpose of presenting and obtaining views or advising of proposed actions in a good faith effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of the meet and confer process, does not involve an exchange of proposals and counterproposals in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof. e. "Day" means calendar day unless expressly stated otherwise. f. "Employee Relations Officer" means the District General Manager or his or her duly authorized representative. Resolution No. 09 -11 Employee - Employer Relations 2 g. "Exclusively Recognized Employee Organization" means an employee organization that has been formally acknowledged by the District as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees. Such recognition status may not be challenged by another employee organization: 1) within twelve (12) months of such recognition and 2) to take effect during a Memorandum of Understanding having a term of up to three (3) years. h. "Impasse" means that the representatives of the District and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and about which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of District policies and programs and /or an employee who exercises supervisory authority. "Proof of Employee Support" means: 1) an authorization card recently signed and personally dated by an employee, provided that the card has not been subsequently revoked in writing by the employee prior to its submission, 2) a verified authorization petition or petitions recently signed and personally dated by an employee or 3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within ninety (90) days prior to the filing of a petition. k. "Supervisory Authority" means any employee having authority, in the interest of the District, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, Resolution No. 09 -11 Employee - Employer Relations 3 or responsibly to direct them, or to adjust their grievances or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment. Terms not defined herein shall have the meanings as set forth in the Meyers - Milias -Brown Act. Article II. Representation Proceedings Section 1. Filing of Recognition Petition by Employee Organization An employee organization which seeks to be formally acknowledged as an Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation: a. Name and address of the employee organization. b. Names and titles of its officers. C. Names of employee organization representatives who are authorized to speak on behalf of the organization. d. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the District. e. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner with, a local, regional, state, national or international organization and, if so, the name and address of each such other organization. f. Certified copies of the employee organization's constitution and bylaws. g. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. h. A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability or medical condition. Resolution No. 09 -11 Employee - Employer Relations 4 The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the District. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. k. A request that the Employee Relations Officer formally executing it acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization. Section 2. District Response to Recognition Petition Upon receipt of the Petition, the Employee Relations Officer shall determine whether: a. There has been compliance with the requirements of the Recognition Petition, and b The proposed representation unit is an appropriate unit in accordance with Section 7 of this Article II. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he /she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Section 10, Article II of this Resolution. Resolution No. 09 -11 Employee - Employer Relations 5 Section 3. Open Period for Filing Challenging Petition Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the recognition petition being challenged) by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Section 1 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section 6 of this Article II. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 10 of this Article II. Section 4. Granting Recognition Without an Election If the proof of support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations Officer shall request the California State Mediation and Conciliation Service, or another mutually agreed upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination, the Employee Relations Officer shall formally acknowledge the petitioning employee organization as the Exclusive Recognized Employee Organization for the designated unit. Section 5. Election Procedure Where recognition is not granted, pursuant to Section 4, Article II, the Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with such party's rules and procedures subject to the provisions of this Resolution. All employee organizations that have duly submitted petitions, which have Resolution No. 09 -11 Employee - Employer Relations 6 been determined to be in conformance with this Article II, shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the District. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date ending at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the District in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run -off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices where none of the choices receives a majority of the valid votes cast, a run -off election shall be conducted between the two choices receiving the largest number of valid votes cast with the rules governing an initial election being applicable to a run -off election. There shall be no more than one valid election under this Resolution pursuant to any petition in a 12 -month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service. Costs of conducting elections shall be borne in equal shares by the District and by each employee organization appearing on the ballot. Section 6. Procedure for Decertification of Exclusively Recognized Employee Organization A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years. A Decertification Petition may be filed by two or more employees or their representative or an employee organization and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete: Resolution No. 09 -11 Employee - Employer Relations a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. b. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit. C. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit and any other relevant and material facts relating thereto. d. Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent, that includes the allegation and information required under paragraph (c.) of this Section 6 and otherwise conforms to the requirements of Section 1 of this Article II. The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his /her determination is in the negative, he /she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 10 of this Article II. If the determination of the Employee Relations Officer is in the affirmative, or if his /her negative determination is reversed on appeal, he /she shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of Resolution No. 09 -11 Employee - Employer Relations 8 decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Section 1 of this Article II. During the 'open period" specified in the first paragraph of this Section 6, the Employee Relations Officer may on his /her own motion, when he /she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he /she will arrange for an election to determine that issue. In such event, any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Section 6, which the Employee Relations Officer shall act on in accordance with this Section 6. If, pursuant to this Section 6, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term. Section 7. Policy and Standards for Determination of Appropriate Units The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on: 1) the efficient operations of the District and its compatibility with the primary responsibility of the District and its employees to effectively and economically serve the public, and 2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: a. Similarity of the general kinds of work performed, types of qualifications required and the general working conditions. b. History of representation in the District and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. C. Consistency with the organizational patterns of the District. d. Effect of differing legally mandated impasse resolution procedures. Resolution No. 09 -11 Employee - Employer Relations 9 e. Number of employees and classifications and the effect on the administration of employee - employer relations created by the separation of classifications and creation of multiple units. f. Effect on the classification structure and impact on the stability of the employee - employer relationship of dividing a single or related classifications among two or more units. Notwithstanding the foregoing provisions of this Section, managerial, and confidential responsibilities, as defined in Sec. 2 of this Resolution, are determining factors in establishing appropriate units hereunder, and therefore managerial, and confidential employees may only be included in a unit consisting solely of managerial, or confidential employees respectively. Managerial and confidential employees may not represent any employee organization which represents other employees. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. The decision of the Employee Relations Officer shall be final. Section 8. Procedure for Modification of Established Appropriate Units Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Section 6 of this Article II. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Section 1 of this Article II, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 7 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article II. The Employee Relations Officer may by his /her own motion propose that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 7 of this Article II, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in Section 10 of this Article. Resolution No. 09 -11 Employee - Employer Relations 10 If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Section 1 of Article II. Section 9. Procedure for Processing Severance Requests An employee organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another recognized employee organization. The timing, form and processing of such request shall be as specified in Section 8 of Article II for modification requests. Section 10. Appeals An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer; or an employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Section 1, Article II), Challenging Petition (Section 3, Article II), Decertification Petition (Section 6, Article II), Unit Modification Petition (Section 8, Article II) - -- or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 6, Article II) or Severance Request (Section 9, Article II) - - -has not been filed in compliance with the applicable provisions of this Article, may, within fifteen (15) days of notice of the Employee Relations Officer's final decision, request to submit the matter to mediation by the State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the District's Board for final decision within fifteen (15) days of notice of the Employee Relations Officer's determination or the termination of mediation proceedings, whichever is later. Appeals to the District's Board shall be filed in writing with the Board's Secretary, and a copy thereof served on the Employee Relations Officer. The District's Board shall commence to consider the matter within thirty (30) days of the filing of the appeal. The District's Board may, in its discretion, refer the dispute to a non - binding third party hearing process. Any decision of the Board on the use of such procedure, and /or any decision of the Board determining the substance of the dispute shall be final and binding. Resolution No. 09 -11 Employee - Employer Relations 11 Article III. Administration Section 1. Submission of Current Information by Recognized Employee Organizations All changes in the information filed with the District by an Exclusively Recognized Employee Organization under items a. through h. of its Recognized Petition under Section 1, Article II of this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change. Exclusively Recognized Employee Organizations that are party to an agency shop provision shall provide annually to the Employee Relations Officer and to unit members within 60 days after the end of its fiscal year the financial report required under Government Code Section 3502.5 (f) of the Meyers - Milias Brown Act. Section 2. Employee Organization Activities - Use of District Resources Access to District work locations and the use of District paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memoranda of Understanding and /or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employee - employer relationship and not such internal employee organization business as soliciting membership or campaigning for office, and shall not interfere with the efficiency, safety and security of District operations. Section 3. Administrative Rules and Procedures The District General Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation(or meeting and conferring as required by law) with affected employee organizations. Article IV. Impasse Procedures Section 1. Initiation of Impasse Procedures: If the meet and confer process has reached impasse as defined in Section 2, Article I of this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An Resolution No. 09 -11 Employee - Employer Relations 12 impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be: a. To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding, and b. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. Section 2. Impasse Procedures Impasse procedures are as follows: a. Either party may propose that the impasse be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation nor take any public position at any time concerning the issues. The mediation shall be conducted by the State Mediation and Conciliation Service. b. If the parties fail to resolve the dispute through mediation the parties shall submit the impasse to the Board of Directors for the Board's determination, which shall be final and conclusive. Section 3. Costs of Impasse Procedures The cost for the services of a mediator, and other mutually incurred costs of mediation, shall be borne equally by the District and Exclusively Recognized Employee Organization. Article V. Miscellaneous Provisions Section 1. Construction This Resolution shall be administered and construed as follows: a. Nothing in this Resolution shall be construed to deny to any person, employee, organization, the District, or any authorized officer, body or other representative of the District, the rights, powers and authority granted by federal or state law (or District Charter provisions). b. This Resolution shall be interpreted so as to carry out its purpose as set forth in Article I. Resolution No. 09 -11 Employee - Employer Relations 13 Section 2. Severability If any provision of this Resolution, or the application of such provision to any persons or circumstances, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. PASSED AND ADOPTED this 13th day of August, 2009 by the following called vote: AYES: NOES: ABSENT: ABSTAIN: John W. Summerfield, President Yorba Linda Water District ATTEST: Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by Special Employment Relations General Counsel: Richard M. Kreisler, Esq. Liebert Cassidy Whitmore Resolution No. 09 -11 Employee - Employer Relations 14 ITEM NO. 7.3 AGENDA REPORT Meeting Date: August 13, 2009 Budgeted: N/A Total Budget: N/A To: Board of Directors Cost Estimate: N/A Funding Source: N/A From: Ken Vecchiarelli, General Account No: N/A Manager Job No: N/A Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: Yes Prepared By: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: Resolution Authorizing Individuals to Establish Accounts and Sign District Checks, and Amending Related Policies & Procedures SUMMARY: Financial institutions require that those individuals authorized to establish an account and /or sign checks for the District must be designated by Resolution of the Board of Directors. With the resignation of Diane Cyganik as Finance Director, effective August 21, 2009, and the need for additional flexibility, staff is recommending the Board adopt a new Resolution. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 09 -12 Amending the Policy of Individuals Authorized to Establish Accounts and Sign District Checks, Amending the Policy and Procedures for the Use of an Automated Check Signing Machine, and Rescinding Resolution No. 07 -05. DISCUSSION: Currently, Resolution No. 07 -05 specifies that only the General Manager's and Finance Director's signatures are authorized to appear on the signature plate used to sign checks for accounts payable. Furthermore, the District no longer uses a signature plate for payroll checks now that ADP is issuing them. Therefore, this provision has been removed from the new resolution. The attached Resolution has also been revised to allow the Assistant General Manager's signature to appear on a second signature plate used to sign checks for accounts payable. This provision allows flexibility during the transition period while the District recruits a new Finance Director. During this period, the General Manager and the Assistant General Manager will have the ability to execute checks in the absence of a Finance Director. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors last amended the check signing policies and procedures when Resolution No 07 -05 was adopted March 22, 2007. This was done at the request of the Finance - Accounting Committee to simplify the procedures and give more responsibility to the General Manager. ATTACHMENTS: Description: Resolution 09 -12 - Authorized Signatures on District Checks.doc Resolution No. 09 -12 Resolution 09 -12 - Authorized_ Signatures_ on District_ Checks_ Revised Resolution No. 09 -12 (MKB_Edited).doc RESOLUTION NO. 09-12 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING THE POLICY OF INDIVIDUALS AUTHORIZED TO ESTABLISH ACCOUNTS AND SIGN DISTRICT CHECKS, AMENDING THE POLICY AND PROCEDURES FOR THE USE OF AN AUTOMATED CHECK SIGNING MACHINE, AND RESCINDING RESOLUTION NO. 07-05 WHEREAS, The Yorba Linda Water District (District) uses bank checking accounts for the collection and distribution of funds; and WHEREAS, to establish or distribute funds from District checking accounts requires two signatures; and WHEREAS, financial institutions require that those persons authorized to establish an account and /or sign District checks must be designated by Resolution of the Board of Directors. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1: Persons Authorized to Establish Accounts and Sign District Checks a. That the District establishes in its name one or more accounts with Wells Fargo Bank for "Accounts Payable" and "Payroll' upon such terms and conditions as may be agreed upon with said bank. The General Manager, Assistant General Manager and Finance Director collectively are hereby authorized to establish such an account or accounts. b. That the General Manager, Assistant General Manager and Finance Director are the only signatures authorized to appear on the signature facsimile plates used to sign for "Accounts Payable ". c. That in case of an emergency and /or in the best financial interest of the District, the Assistant General Manager and Finance Director is authorized to sign manual checks if approved by the General Manager. If the Assistant General Manager and /or Finance Director are not available, the General Manager is authorized to be the second signer with any member of the Board of Directors as the first signer. All manual checks shall be submitted to the Board of Directors for ratification at the next Board of Directors meeting. Resolution No. 09 -12 Authorized Signatures on District Checks Section 2: Board Members Responsibility to Review Invoices and Payable Checks a. That a Board member assigned to the Finance - Accounting Committee shall review the list of accounts payable and invoices prior to consideration by the Board of Directors. If the Board member has a question about an invoice, check or amount, he /she shall contact the General Manager prior to the billboard being approved. If a problem is found and is not easily corrected, the invoice and check will be withdrawn from the billboard until the issue has been corrected to the satisfaction of the Board member and General Manager. The invoice and check will be added to the next available billboard. Section 3: Procedures for the Use of the Automated Check Signing Machine a. That two keys are necessary to operate the machine: one key is to lock the signature plates either in or out of the machine and the other to turn the machine on and off. The "Accounts Payable" signature plates and their keys shall be secured in separate locked boxes within the District vault. The distribution of keys is as follows: Accounts Payable Signature Plates Keys Power Access Key General Manager Accounting Assistant I Assistant General Manager Accounting Assistant II Finance Director b. That the Finance Director is responsible for insuring that all "Accounts Payable" and "Payroll' checks are made payable to the correct party, in the correct amount and the approved procedures followed. c. Whenever a signature plate is replaced, the Finance Director shall cut the plate into two pieces in the presence of the General Manager. One piece of the plate shall be taken and disposed of off the District premises by the Finance Director and the other piece shall be taken and disposed of off the District premises by the General Manager. BE IT FURTHER RESOLVED that Resolution No. 07 -05 is hereby rescinded effective immediately upon passage of this Resolution. Resolution No. 09 -12 Authorized Signatures on District Checks 2 PASSED AND ADOPTED this 13th day of August, 2009 by the following called vote: AYES: NOES: ABSENT: ABSTAIN: John W. Summerfield, President Yorba Linda Water District ATTEST: Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman and Behrens Resolution No. 09 -12 Authorized Signatures on District Checks RESOLUTION NO. 09-12 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING ITS POLICY AUTHORIZING INDIVIDUALS TO ESTABLISH ACCOUNTS AND SIGN DISTRICT CHECKS, AMENDING THE POLICY AND PROCEDURES FOR THE USE OF AN AUTOMATED CHECK SIGNING MACHINE, AND RESCINDING RESOLUTION NO. 07-05 WHEREAS, The Yorba Linda Water District (District) uses bank checking accounts for the collection and distribution of funds; and WHEREAS, The establishment of a bank checking account and the distribution of funds from District checking accounts require that two signatures be provided; and WHEREAS, Financial institutions require the District's Board of Directors to authorize by Resolution those persons who can establish an account and /or sign District checks. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. Resolution No. 07 -05 is rescinded and shall have no further force and effect. Section 2: Persons Authorized to Establish Accounts and Sign District Checks a. That the General Manager, Assistant General Manager, and Finance Director are each hereby authorized to establish bank checking accounts and sign District checks. b. That the District hereby directs Staff to establish in the District's name one or more accounts with Wells Fargo Bank for "Accounts Payable" and "Payroll" upon such terms and conditions as may be agreed upon with said bank. c. That the General Manager, Assistant General Manager, and Finance Director shall be the only signatures authorized to appear on the signature facsimile plates used to sign for "Accounts Payable ". d. That in case of an emergency and /or if it is in the best financial interest of the District, and if approved by the General Manager, the Assistant General Manager and Finance Director are authorized to sign manual checks. Resolution No. 09 -12 Authorized Signatures on District Checks e. That if the Assistant General Manager and /or Finance Director are not available to sign a manual check, the General Manager is authorized to be the second signer with any member of the Board of Directors as the first signer. f. That all manual checks shall be submitted to the Board of Directors for ratification at the next Board of Directors meeting. Section 3: Board Members Responsibility to Review Invoices and Payable Checks a. That a Board member assigned to the Finance - Accounting Committee shall review the list of accounts payable and invoices ( "billboard ") prior to consideration by the Board of Directors. If the Board member has a question about an invoice, check or amount, he /she shall contact the General Manager prior to the billboard being approved. If a problem is found and is not easily corrected, the invoice and check will be withdrawn from the billboard until the issue has been corrected to the satisfaction of the Board member and General Manager. The invoice and check will be added to the next available billboard. Section 4: Procedures for the Use of the Automated Check Signing Machine a. That two keys shall be necessary to operate the machine: one key is to lock the signature plates either in or out of the machine and the other to turn the machine on and off. The "Accounts Payable" signature plates and their keys shall be secured in separate locked boxes within the District vault. The distribution of keys is as follows: Accounts Payable Signature Plates Keys Power Access Key General Manager Accounting Assistant I Assistant General Manager Accounting Assistant II Finance Director b. That the Finance Director is responsible for ensuring that all "Accounts Payable" and "Payroll' checks are made payable to the correct party, in the correct amount, and following the approved procedures. c. Whenever a signature plate is replaced, the Finance Director shall cut the plate into two pieces in the presence of the General Manager. One piece of the plate shall be taken and disposed of off the District premises by the Finance Director and the other piece shall be taken and disposed of off the District premises by the General Manager. Resolution No. 09 -12 Authorized Signatures on District Checks 2 PASSED AND ADOPTED this 13th day of August, 2009 by the following called vote: AYES: NOES: ABSENT: ABSTAIN: John W. Summerfield, President Yorba Linda Water District ATTEST: Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman and Behrens, LLP Resolution No. 09 -12 Authorized Signatures on District Checks ITEM NO. 7.4 AGENDA REPORT Meeting Date: August 13, 2009 Budgeted: N/A Total Budget: N/A To: Board of Directors Cost Estimate: N/A Funding Source: N/A From: Ken Vecchiarelli, General Account No: N/A Manager Job No: N/A Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: Yes Prepared By: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: Resolution Authorizing Individuals to Transfer Funds Via the Federal Wire System SUMMARY: Financial institutions require that those individuals authorized to transfer funds via the Federal Wire System for the District be designated by Resolution of the Board of Directors. With the resignation of Diane Cyganik YLWD's Finance Director /Auditor, effective August 21, 2009, a new Resolution needs to be adopted. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 09 -13 Authorizing Individuals to Transfer Funds Via the Federal Wire System and Rescinding Resolution No. 08 -15. DISCUSSION: Currently, Resolution No. 08 -15 specifies each individual authorized to transfer funds via the Federal Wire System by name. This requires the Resolution to be updated every time there is a change in staff and /or appointed officers. The attached Resolution incorporates the use of each authorized individuals office instead of their name in order to eliminate this problem. The office of Assistant Secretary has also been added to the Resolution so that this individual may serve as a backup to perform fund transfers in the event that either the Secretary or Auditor are not available. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors last amended the individuals authorized to transfer funds via the Federal Wire System when Resolution No. 8 -15 was adopted on December 11, 2008. This was due to the retirement of Mike Payne, former General Manager /Secretary. ATTACHMENTS: Resolution 09 -13 Resolution No. 09 -13 Resolution Individuals Authorized to Perform Wire Transfers.doc Resolution 09 -13 - Individuals Authorized to Perform Wire Transfers Revised Resolution No. 09 -13 Resolution (MKB_Edited).doc RESOLUTION NO. 09 -13 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AUTHORIZING INDIVIDUALS TO TRANSFER FUNDS VIA THE FEDERAL WIRE SYSTEM AND RESCINDING RESOLUTION NO. 08 -15 WHEREAS, the Yorba Linda Water District (District) desires to transfer funds through the Federal Wire System; and WHEREAS, the transfer of funds through the Federal Wire System is authorized by signature and is completed electronically or by telephone if necessary, for the purpose of paying certain debts and making investments; and WHEREAS, financial institutions require that those persons authorized to transfer funds via the Federal Wire System be designated by a Resolution of the Board of Directors. NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That the Secretary, Assistant Secretary, or Auditor are hereby authorized, as representatives of the District, to transfer funds via the Federal Wire System for the following purposes: a. Investments. Any funds transferred for the purpose of making investments on behalf of the District must be for the credit of the District, and can only be to financial institutions authorized by the latest adopted Investment Policy Resolution. b. Payables. Transfer of funds for payment of payables to the following: 1. Vendors requesting a wire transfer instead of a check. 2. To assure payment in a timely manner to avoid a financial penalty. c. Payment of payroll taxes. d. Payment of third party checks for insurance, deferred income, garnishment, CaIPERS, etc. Resolution No. 09 -13 Individuals Authorized to Perform Wire Transfers Section 2. That any funds transferred via the Federal Wire System for any purpose other than those specified in Section 1(a) and /or (b) herein requires approval by two persons. Any one of the five members of the Board of Directors is authorized to be the first signer and the General Manager, Assistant General Manager or Auditor are hereby authorized to be cosigners. These are the only signatures authorized to appear on the Wire Instruction Form for funds transferred under this section. Section 3. That the Senior Accountant or Accounting Assistant II will verify all wire transfers with Wells Fargo Bank that have been sent via the Federal Wire System. Section 4. That Resolution No. 08 -15 is hereby rescinded effective immediately upon passage of this Resolution. PASSED AND ADOPTED this 13th day of August 2009, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: John W. Summerfield, President Yorba Linda Water District ATTEST: Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman and Behrens Resolution No. 09 -13 Individuals Authorized to Perform Wire Transfers 2 RESOLUTION NO. 09 -13 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AUTHORIZING INDIVIDUALS TO TRANSFER FUNDS VIA THE FEDERAL WIRE SYSTEM AND RESCINDING RESOLUTION NO. 08 -15 WHEREAS, the Yorba Linda Water District (District) desires to transfer funds through the Federal Wire System; and WHEREAS, the transfer of funds through the Federal Wire System is authorized by signature and is completed electronically or by telephone if necessary, for the purpose of paying certain debts and making investments; and WHEREAS, financial institutions require that those persons authorized to transfer funds via the Federal Wire System be designated by a Resolution of the Board of Directors. NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That the Secretary, Assistant Secretary, and Auditor are each hereby authorized, as representatives of the District, to transfer funds via the Federal Wire System for the following purposes: a. Investments. Any funds transferred for the purpose of making investments on behalf of the District must be for the credit of the District, and can only be to financial institutions authorized by the latest adopted Investment Policy Resolution. b. Payables. Transfer of funds for payment of payables to the following: 1. Vendors requesting a wire transfer instead of a check. 2. To assure payment in a timely manner to avoid a financial penalty. c. Payment of payroll taxes. d. Payment of third party checks for insurance, deferred income, garnishment, CaIPERS, etc. Resolution No. 09 -13 Individuals Authorized to Perform Wire Transfers Section 2. That any funds transferred via the Federal Wire System for any purpose other than those specified in Section 1(a) and /or (b) herein requires approval by two persons. Any one of the five members of the Board of Directors is authorized to be the first signer and the General Manager, Assistant General Manager and Auditor are each hereby authorized to be cosigners. These are the only signatures authorized to appear on the Wire Instruction Form for funds transferred under this section. Section 3. That the Senior Accountant or Accounting Assistant II will verify all wire transfers with Wells Fargo Bank that have been sent via the Federal Wire System. Section 4. That Resolution No. 08 -15 is hereby rescinded effective immediately upon passage of this Resolution. PASSED AND ADOPTED this 13th day of August 2009, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: John W. Summerfield, President Yorba Linda Water District ATTEST: Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman and Behrens, LLP Resolution No. 09 -13 Individuals Authorized to Perform Wire Transfers 2 AGENDA REPORT Meeting Date: August 13, 2009 ITEM NO. 8.1 Subject: Wells Capital Investment Report for the 4th Quarter of FY 2008/09 STAFF RECOMMENDATION: This is for information only. No action is required. ATTACHMENTS: YLWDPerf Page. pdf YLWD3QOutlook.pdf vescription: YLWDPerf Page. pdf YLWD 3Q Outlook Type: Backup Material Backup Material Yorba Linda Water District Account #18611500 Portfolio Managed by: Wells Capital Management Performance Summary Report For the period ended: June 30, 2009 Reporting Period: Annualized Month -to- Quarter to Return Since Date Date YTD Inception* Yorba Linda Water District -0.03% 0.18% 0.33% Investment Portfolio 3.87% Lipper Institutional Money 0.04% 0.13% 0.37% Market Fund Index 3.85% 4.50% 4.00% ■YLWD 3.50% ❑ Lipper Inst. MM Fund Index 3.00% 2.50% 2.00% 1.50% 1.00% 0.50% 0.00% Month -to -Date Quarter to Date YTD Annualized Since -0.50% 1 Inception * - Account inception date for purposes of perfonnance calculation: 1111105 Returns are net of Wells Capital Management fees. WELLS CAPITAL MANAGEMENT MONTHLY MARKET OUTLOOK ON THE STOCK AND BOND MARKETS July 2009 Presented to: Yorba Linda Water District THE INVESTMENT ENVIRONMENT: PRIMED FOR RECOVERY Fresh signs of an approaching recovery have prompted another "U- turn" in stocks and bonds. A fragile economy and vulnerable financial market leave uncertain the stock rally's enduring strength, but adjustment to last fall's credit "shock" has progressed enough for investors to respond aggressively to signs of growth. Stock - market strategies can draw on past performance during recession - recovery transitions, though familiar patterns could be distorted by unique features of this cycle. Bond strategies will be affected, too, by unusually low interest rates, vulnerable to early increases from less sanguine inflation expectations and from unwinding "flight" capital during the credit "thaw. " Stock - market performance beyond the latest "bounce" will depend on "building blocks" needed to sustain a rally. Generally supportive, they should at least propel moderate gains in stocks matching, if not exceeding those following the last two, mild recessions, with the potential for something more in the rally's early stages. Beyond the strength and staying power of this, or any future rally, the market's recent slump and uncertain outlook are rekindling debate over appropriate investment strategies, including the benefits of "active" vs. "passive" management and the effectiveness of asset allocation itself. The Stock Market: Relief Rally! Stocks have tracked swings in economic data throughout the year, mounting two "relief rallies" on signs of an end to the "free fall" in activity and, more recently, on evidence of an approaching end to the recession. Added support has come from better - than - expected second - quarter earnings, even as they head for another sizable, double -digit drop. The latest rebound left the benchmark S &P 500 with an impressive, year -to -date gain of 9.3% (or 10.9% including dividends) through July, but still down 37% from its peak in early October 2007. As rallies go, this two -part rebound from its March low has been as "V "- shaped as those following the deep recessions of 1974 -75 and, as illustrated in the upper chart at right, 1982 -83. How much of that "bounce" has been due to over -sold positions earlier this year and how much to anticipation of a powerful economic and earnings recovery still is unclear. Growing investor optimism has been apparent from a decline in market uncertainty, or volatility, as measured by the so- called "VIX" index (of implied volatility of S &P 500 options contracts) to a level more closely in line with its long -term average. (See the second chart below.) 65% 55% 45% 35% 25 % 15% 5% -5% 80 70 60 50 40 30 20 10 0 12/27/06 5/9/07 9/19/07 1/30/08 6/11/08 10/22/08 3/4/09 7/15/09 OFF TO A STRONG START Cumulative Change In S &P 500 Stocks; In Percent 1 .13 -8 -3 12 7 12 17 22 27 32 37 Weeks Before /After Cvcle Low Point * Average of 1970 -71, 1990 -91, 2002 -03. STOCK - MARKET VOLATILITY SLOWLY MOVING BACK TO NORMAL S &P 500 Volatility, As Measured By The "VIX" Index'" ^` As measured by the implied volatility of S &P 500 options coruracts. Source: The Chicago Board Options Exchange, via Bloomberg Fin '1 News, hic. The latest leg of the rally has been as broad -based as it was earlier this year, extending across all ten S &P 500 sectors and all but two of the 134 constituent industry groups. Sector performance has been typical of a recession - recovery transition, paced by highly charged tech and cyclically sensitive materials, industrials and "big- ticket" consumer goods, and joined by financial services and energy. The move toward these "high beta" sectors reversed a temporary rotation to "defensive" health care, consumer staples and utilities during the market's sell -off between late June and early July. And as indicated in the table below, typical early- recovery strength by the stock market's highly charged sectors since the market bottomed in early March has extended to Russell 2000 small -cap stocks. S &P 500 PERFORMANCE BYECONOAMCSECTOR LV 1009 Percem Change hi Pnce Inderes 12 /31/18- 3/9/09- 3/9/09 7/31/09 Tech -13.9% Financials 108.8% Health Cue -18.1% Materials 60.W Consumer Staples - 19.0% Consumer"Cyclicals" 58.5% Energy -19.5% Lrdusaials 57.3% MateriaLs -20.9% Tech 57.3% Telecom. Svcs -21. 1% L$ilitiL� 29.3% Utilities -23.1% I lea] thCue 28.E Consumer "Cyclicals" - 25.8% Consumer Staples 26.617 Industrials - 35.9% &tergy 25.4% Financials -50.4% Telecom. Svcs 2151,, S &P 500 -25.1% S &P 500 46.09, Memo. R2000 -31. 1% Mema R2000 61 Sources. Standard& Pcnrs, Inc., Blootaherg Finaucial News. Inc. Russell 1000 Value stocks out - performed their Growth counterpart in July, but remained well behind on the year. (See the Stock Market Scorecard table at right.) Strong gains by Growth's key tech, health care and consumer "cyclicals" sectors were overshadowed by Value's relatively strong performance in ten of the twelve constituent sectors making up the two benchmarks. Dollar - denominated returns on international (EAFE) stocks out - performed the S &P 500, but only because of the lift from a weaker U.S. currency. Emerging- market stocks out- performed the U.S. benchmark with and without the translation gains from a weaker dollar. More Than A "Cost- Driven" Rally? "Building blocks" are supportive of a rally more sustained than the one earlier this year. Better - than - expected earnings reports for the second quarter, contributing to the latest leg of the rally, have been mainly cost - driven, much like they were early in the market's delayed rally from the 2001 recession in the first half of 2003. Cost -driven rallies are, by nature, limited. However, they do set the stage for stronger, more enduring gains by driving costs down relative to future increases in revenue. Aggressive cost - cutting of the past year has left "operating leverage" at a forty- five -year high, levering even modest, future revenue growth by funneling an out -sized share of those proceeds directly to the bottom line. EQLITYSCORECARD Total Returns, In Percent MSCI LAh L (S T,,,,,) 8.0 6.3 -10.3 16.6 -43.4 (,,n. Terns) 7.3 3.8 -9.6 12.8 -40.3 Eme r; EAPE(S'1 -s) 9.9 14.4 -11.8 49.5 -53.2 Sources: S&P: f ua k Russell Co.: MSCI Moreover, earnings forecasts are being ratcheted up as outlook "visibility" improves. First Call's consensus earnings forecast of S&P 500 earnings for 2010 is for a rebound from the steepest earnings decline in over fifty years with the strongest profits growth since 1988, a view largely shared by analysts at Standard & Poors. That strength rests on two pillars of support, beyond potential cost - driven margin expansion. First, earnings growth will be lifted materially in coming quarters by "easy" year - earlier comparisons, associated with the deep slump in late 2008 and early this year. And second, the chart below shows that "pricing power," though weak, isn't quite as bad as it was during the last cost -driven rally in 2003. "PRICLNG POWER" RECOVERING MORE QUICKLY THAN IT DID AFTER THE LAST RECESSION Year -Ago % Chg., Non- Financial Corporations 4.5 c7c 3.2% Bars Denote Yr -To_Daw Recession Periods Julyl- 30,'09 Jane'09 Mar -June '09 7130109 1008 S&P 500 7.5 8.8 -8.2 10.9 -37.0 Russell 1007 7.6 8.8 -7.7 12.2 -37.6 Russell 1007 Gmwth 7.3 8.9 -5.6 19.7 -38.4 Russell 1097 Value 7.9 8.6 -10.0 4.8 -36.9 Russell Mid -Cap 8.7 9.2 -6.3 19.5 -41.5 Russell Mid-Cap Growth 7.8 9.5 -6.1 25.7 -44.3 Russell Mid -Cap Value 9.6 8.7 -6.8 13.1 -38.4 Russell 2007 9.8 8.9 0.1 12.7 -33.8 Russell 2007 Gmwth 8.2 9.0 1.7 20.5 -38.5 Russell 2007 Value 11.5 8.9 -1.7 5.8 -28.9 MSCI LAh L (S T,,,,,) 8.0 6.3 -10.3 16.6 -43.4 (,,n. Terns) 7.3 3.8 -9.6 12.8 -40.3 Eme r; EAPE(S'1 -s) 9.9 14.4 -11.8 49.5 -53.2 Sources: S&P: f ua k Russell Co.: MSCI Moreover, earnings forecasts are being ratcheted up as outlook "visibility" improves. First Call's consensus earnings forecast of S&P 500 earnings for 2010 is for a rebound from the steepest earnings decline in over fifty years with the strongest profits growth since 1988, a view largely shared by analysts at Standard & Poors. That strength rests on two pillars of support, beyond potential cost - driven margin expansion. First, earnings growth will be lifted materially in coming quarters by "easy" year - earlier comparisons, associated with the deep slump in late 2008 and early this year. And second, the chart below shows that "pricing power," though weak, isn't quite as bad as it was during the last cost -driven rally in 2003. "PRICLNG POWER" RECOVERING MORE QUICKLY THAN IT DID AFTER THE LAST RECESSION Year -Ago % Chg., Non- Financial Corporations 4.5 c7c 3.2% 1,9' Selling ices -0.7% -2.0% Dec -99 Jun -01 Dec -02 Jun -04 Dec -05 Jun -07 Dec -08 Source: U.S. Commerce Department "Forward" price- earnings (P /E) valuations are "cheap," too, based on the First Call 2010 consensus earnings forecast. Historically low bond yields (and high prices) also are keeping stock prices at a sizable discount to bond values, cushioning them against the usual P/E "compression" as interest rates continue to rise. (See the on the next page.) 2 Bars Denote Recession Periods - 09QJ , t 1 r� 1 r r "V 1,9' Selling ices -0.7% -2.0% Dec -99 Jun -01 Dec -02 Jun -04 Dec -05 Jun -07 Dec -08 Source: U.S. Commerce Department "Forward" price- earnings (P /E) valuations are "cheap," too, based on the First Call 2010 consensus earnings forecast. Historically low bond yields (and high prices) also are keeping stock prices at a sizable discount to bond values, cushioning them against the usual P/E "compression" as interest rates continue to rise. (See the on the next page.) 2 S &P 500 STOCKS STILL "CHEAP" COMPARED TO BONDS Avg. Yield On 10 -Year Treasury Note & Corporate Bonds As A% OfThe S &P 500 Earnings Yield* 185 165 145 125 105 85 65 45 Stocks "Rich" Vs. Bonds Avg., 1983- 20088 =106% f 7129109`: Stocks "Cheep Vs. Bonds Dec -94 Apr -97 Aug -99 Dee -01 Apr -04 Aug -06 Dee -08 * Based on IBES consensus earnings growth in the next 12 months. Sources: Standard & Poors, Inc.; Federal Reserve Board Another "ace in the hole" for stocks: sizable amounts of "cash" still on the sidelines, serving as a potential "tail wind" for this, or any future rally. By mid -July, the ratio of money -fund assets (a common parking vehicle for money moving into and out of the stock market) to the market's capitalization, at 36 %, still was more than double its long -term average. While that ratio undoubtedly has come down during the latest leg of the stock rally, it still is a potent support for the market. An improving economic backdrop should keep the market's highly charged tech and cyclically sensitive sectors (materials producers, industrials and consumer "cyclicals ") on the leading edge of any sustained rally, as the economy transitions from recession to recovery. As illustrated in the chart below, performance historically has rotated toward these sectors soon after the S &P 500 has bottomed "HIGH BETAS " STOCKS LEAD EARLY S &P 500 RALLIES Ratio "Hi Beta " To "Defensives " S &P 500 Price Indexes 115 113 111 109 107 105 103 101 Average of 5 Economic Cycles Since 1970 99 !, -10 -7 -4 -1 2 5 8 11 14 17 20 23 26 Months Before /After S&P 500 Cyclical Low Point * Tech, industrials, materials, consumer "cYclicals. " **Consumer staples, health care. Source: Data from Standard & Poors, Inc.;Citigroup, Inc. out during the previous five major recoveries dating back to 1970 and stayed there during the first eighteen months of the subsequent recovery WILL "ACTIVE" MANAGEMENT RISE AGAIN? Ironically, dissatisfaction with the performance of "actively" managed portfolios during the stock market's free fall of the past year has sparked renewed interest in lower -cost, `passive" indexed funds by individuals and pension funds just as the investment environment is tilting in favor of the "active" investing style. "Core" equity funds suffered declines during the steep sell -off late last year and in early 2009 about as severe as those of the Russell 1000 Index, disappointing in view of the "low bar" set by the benchmark's slump. "Active" management can avoid the sort of passive, "momentum" investing inherent in traditional indexing, in which industry and sector allocations perversely are raised and lowered with increases or declines in valuations. Moreover, actively managed funds tend to perform best when benchmark returns are sub -par (i.e., when "a rising tide" is less likely to "lift all ships ") and widely dispersed across constituent industries and sectors just the sort of market environment expected in coming months. Two statistical screens confirm that relationship. First, the share of actively managed, core - equity funds out - performing the Russell 1000 Index has been negatively correlated with returns on that benchmark over the past 28 years and positively correlated with the dispersion of industry/ sector returns. Second, data also show that an above - average share of those actively managed funds out - performed the benchmark over 70% of the time during periods of relatively weak, dispersed sector/ industry returns. Russell 2000 small cap stocks typically join so- called "high beta" stocks on the leading edge of the recovery. As indicated in the chart below, however, 120 115 110 105 100 95 90 85 80 75 70 65 Jan -87 Jan -92 Jan -97 Jan -02 Jan -07 RUSSELL 2000 "RICH" VS. THE S &P 500 Russell 2000 Value PIE As A Percent of The S &P 500 PIE Source: FactsetRe.search, Inc.; Wells Capital Management 3 the rebound by the Russell 2000 Index could be restrained in this cycle by its relatively "rich" P/E multiple compared to that of the S &P 500. The Bond Market: More Than Meets The Eye. The bond market extended its rally for fifth month in July, leaving the benchmark U.S. Aggregate with a gain of just under 3% on the year. Performance rankings across constituent sectors continue to shift in response to changes in risk tolerance, inflation expectations and to relative valuations. Treasury issues continued to be hurt by the reflow of "flight" capital back to other sectors of the market, associated with the credit "thaw," adding to their sizable loss on the year. Within the Aggregate benchmark of taxable, investment -grade securities, strong rallies by commercial mortgage- backed and corporate securities last month left them (along with asset - backed issues) with double -digit gains on the year. BOND MARKETSCORECARD Total Returns, In Percent Y,-To-Date Juh' 1 -30, '09 June '09 Mar -June '09 7130109 2008 Lch'm Aggregate 1.0 1.4 -LO 2.9 5.2 Twasurvs -0.3 2.2 0.0 4.6 13.7 Agcncvs 0.3 1.0 -0.3 0.3 9.1 Mortea;c -Bkds. 0.5 1.4 -0.8 3.4 8.3 U.S. Credit 2.6 -0.1 -1.1 9.7 -3.1 Asset -Bkds. 0.6 2.0 -2.7 16.4 -12.7 Municipals 1.5 0.0 -0.2 8.1 -2.5 High -Yield 5.5 3.2 -3.8 37.7 -26.2 U.S. "TIPS" -0.5 0.5 1.4 5.7 -2.4 Non -U.S. Go0s* 0.4 1.0 0.2 0.6 8.0 Emerging Mkts 3.4 1.9 13.1 22.8 -15.4 * Denominated in dollars,.Julh hedged. Sources: Lehman Bros., Ciagwup, Inc.; Merrill Lynch, Inc. Outside the benchmark index, more powerful gains in U.S. non - investment -grade and emerging- market securities have been powered by increased risk tolerance and by the rally in stocks. (See the Bond Market Scorecard, above.) June's strong rally by Treasury Inflation - Protected Securities (or "TIPS ") was cut short earlier this month by reduced inflation worries associated with disappointing economic data that still left those bonds with a healthy, 5.7% return on the year. Tax - exempt bonds have shrugged off reports of worsening state and local finances -even in hard - pressed California -lured by relatively attractive yields on high - duality, longer -term issues, a temporary decline in supply and by increased demand from banks and from individual investors via bond funds. So- called "Build America Bonds" also have supported performance with a 35% Federal rebate to state and local issuers on taxable debt's interest payments, attracting "cross over" investors from the taxable sector. Overseas, non -U.S. Treasury securities in developed- country markets have out- performed their U.S. counterpart thus far this month, too, as relatively strong gains in Switzerland and in several Euro -zone markets out - weighed declines in the important Japanese and U.K. markets. An Unusual Recovery Strategy. Opportunities for bond investors to enhance returns often are greatest at this stage of the economic cycle. Declining interest rates encourage a tilt toward longer -term securities to boost "duration," a measure of a portfolio's price sensitivity to a given change yields. Investors looking beyond financial strains to a delayed improvement in credit quality are lured by attractive yields on non - Treasury securities, as a way of adding further to performance. And interest -rate declines led, initially, by those on policy - sensitive, shorter -term securities, produce a "steepening" of the Treasury yield curve (i.e., the path traced by interest rates at various maturities) that creates added opportunities through "yield- curve" strategy, or the distribution of investments across maturities, to achieve a given duration target. This interest -rate cycle has deviated from the "norm" in two ways. First, early declines have left yields historically low and vulnerable to increases as economic and financial conditions stabilize, encouraging portfolio managers to minimize sensitivity to rate changes by keeping investments slightly "short" their duration benchmarks. (See the chart below.) AN EARLY TILT FROM LONG -TERM SECURITIES AMID A THREATENED INTEREST -RATE RISE 102 100 91) 98 97 muratton° vs. Jargetliol 7/31/09 Wk. 96 12/11/07 7/1/08 12/30/08 6/30/09 Source: Stone McCarthy Research, Inc. Second, the steepening yield curve has been driven by a broad -based rise in yields led by intermediate and long -term rates (i.e., a so- called `bear - market steepening "). However, the effect of rising interest 4 Neutral (100% Of 'Benchmark "Duration) (Left Scale) ........................ n - - - - -- 7/31/09 Wk. 96 12/11/07 7/1/08 12/30/08 6/30/09 Source: Stone McCarthy Research, Inc. Second, the steepening yield curve has been driven by a broad -based rise in yields led by intermediate and long -term rates (i.e., a so- called `bear - market steepening "). However, the effect of rising interest 4 rates on yield -curve strategy has been much the same as it would be with declining rates, led by shorter - term assets. The bulleted strategy of targeting a single maturity has out - performed the "laddered" approach of evenly distributing assets across various maturities, and the "barbell" strategy of splitting investments between short- and long -term securities. Since late April, for example, the bullet strategy of targeting "duration" on a two -year Treasury security has out - performed by more than a percentage point a laddered approach and a "barbell" strategy of splitting investments between six -month Treasury bills and ten -year Treasury notes to achieve a similar duration. `Barbells " -- splitting investments between short -and long -term securities- -work best when the gap between short- and long -term rates is narrowing. Bulleted strategies should continue to do best in coming months if, as expected, long -term yields lead broad -based rate increases in a further steepening of the yield curve. Sector strategy has been an effective tool in the past year, too, both because of above - average dispersion of returns across markets and because of the sizable risk premiums created by financial turmoil. Recent portfolio- manager surveys show over - weighted positions in both corporate and, to a lesser extent, mortgage- backed securities, at the expense of the market's Treasury, agency and asset - backed sectors. However, once - attractive yield premiums on corporate and mortgage- backed securities have been compressed by increased demand keyed to greater risk tolerance and to the credit "thaw." By late July, the yield advantage for high - quality, non - financial debt over comparable Treasury securities was less than 10 basis points (or a tenth of a percentage point) above its pre- crisis average. The yield premium on agency mortgage- backed issues was little more than half its average prior to the turmoil in the financial market. (See the chart above right.) Gary Schlossberg July 31, 2009 Wells Capital Management (WellsCap) is a registered investment adviser and a wholly owned subsidiary of Wells Fargo Bank, N.A. WellsCap provides investment management services for a variety of institutions. The views expressed are those of the author at the time of writing and are subject to change. This material is for educational purposes only, and should not be considered as investment advice or a recommendation for any particular security, strategy or investment product. The material 300 280 260 240 220 200 180 160 140 120 100 80 YIELD "SPREADS" TUMBLE WITH THE CREDIT "THAW" Yield Spreads To C'omaparable Treasurys; In B.N. Investment -Grade Non - Fin ZCorporates (Lg1i Scale) 7/30/09 T agency Mortgage - Backed s (Right Seale) 12/28/07 6/27/08 12/26/08 6/26/09 Source: Bank ofAmerica- Merrill Lvnch, Inc. 200 170 140 110 80 50 20 Narrowing interest -rate spreads between higher -rated securities is forcing investors further out along the "quality curve" in search of extra yield, where premiums still are attractive. As indicated in the chart below, for example, the gap between yields on BBB - and AA- rated, non - financial bonds, though down more than a percentage point since early May, still is more than double its pre- crisis average. YIELD "SPREADS" STILL ATTRACTIVE FOR LOWER - QUALITY ISSUES 480 436 392 348 304 260 216 172 128 84 40 Yield Spreads In Basis Points BBB - Vs. AA -Rated Yield Differences, Non - Financial Corporate Securities Average, 8/98- 12/07 =104 B.P. 7/24/09 VIA. B.P. 12/28/07 6/27/08 12/26/08 6/26/09 Source: Bank ofAmerica - Merrill Lvnch, Inc. is based upon information we consider reliable, but its accuracy and completeness cannot be guaranteed. Past performance is not a guarantee of future returns. As with any investment vehicle, there is a potential for profit as well as the possibility of loss. For additional information on Wells Capital Management and its advisory services, please view our web site at www.wellscap.com, or refer to our Form ADV Part II, which is available upon request by calling 415.396.8000. 9 AGENDA REPORT Meeting Date: August 13, 2009 Subject: Finance - Accounting Committee (Beverage /Summerfield) Alternate: Mills • Minutes of meeting held August 11, 4:00 p.m. meeting). • Meeting scheduled for September 8, 4:00 p.m. ATTACHMENTS: Description: 081109 FA - Minutes.doc FA Mtg Minutes 08/11/09 ITEM NO. 10.2 (To be provided at the Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT FINANCE - ACCOUNTING COMMITTEE MEETING August 11, 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 Diane Cyganik, Finance Director Sandi Van Etten, Senior Accountant 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Monthly Financial Statements for June 2009 The financial statements were reviewed and discussed. Ms. Van Etten explained the year end revenue and expense reclassifications and their impact on the financial statements. She also went into further detail explaining how the accrued water revenues were historically recorded in prior years at June 30th of every fiscal year by netting the prior year unbilled water receivable against the current year unbilled water receivable and recording the difference. Ms. Van Etten reported that this practice will be changed starting with FY 2009/10 in that the water unbilled receivables accrued on June 30th will be reversed as of July 1St to capture a more correct and concise snapshot of revenues earned for the current fiscal year. Accrued revenue refers to money that has been billed but not yet received in the current fiscal year; that is captured in the year earned by an accounting practice called accruals. For expenses incurred as of June 30th, there was a $775,571 increase in supplies and services compared to May 2009. The major component of the increase was $434,893 in costs from jobs that are not considered capital assets and are therefore expensed at the end of the year. After this discussion, the financial statements were accepted as presented. 2.2. Monthly Investment Report for June 2009 The investment report was reviewed and discussed. The Committee noted the percentage yields were considerably lower on all investments with the exception of Wells Capital Management at 1.10 %. Ms. Van Etten noted that the District would need to withdraw money and that the withdrawal would be from the California Asset Management Program ( "CAMP "). Director Beverage asked if there is a maximum amount /percentage that the District was required to keep in the CAMP account. Also, Directors' 1 Beverage and Summerfield asked which capital jobs are approved for bond reimbursement under the US Bank 2008 Bond Revenue Bond. The Committee recommended adjusting withdrawals whenever possible to maximize the District's rate of return on the balance of the investments. Therefore, investments that have the lowest percentage yield would be drawn down first barring applicable restrictions. Staff will look into these matters and report back to the Committee with their findings. Following these discussions, the investment report was accepted as presented. 3. DISCUSSION ITEMS 3.1. Monthly Portfolio Reports for July 2009 Keith Khorey of Wells Capital Management was contacted prior to the Committee meeting and reported to Staff that the portfolio remains status quo in the investment arena. The Committee opted not to call Mr. Khorey. 3.2. Cash Out Audit for Finance Director Mr. Vecchiarelli opened a discussion with the Committee regarding the option to perform a cash out audit triggered by the resignation of Finance Director Diane Cyganik. Mr. Vecchiarelli stated that he had consulted on this matter with Mr. Nitin Patel, a partner of the District's audit firm Diehl, Evans & Company. Mr. Patel opined that since the District is already in the process of completing the year end audit for Fiscal Year 2008/09, the cash out audit procedure used in the past would add little or no value and was not really necessary. Mr. Patel further stated that most agencies do not conduct such audits; however, he would be happy to provide additional services at the District's request. The Committee concurred that the additional work and expense was not necessary and recommended notifying the full Board of Directors about this decision. 3.3. Future Agenda Items and Staff Tasks No items were noted by the Committee. 4. ADJOURNMENT 4.1. The Committee adjourned at 4:45 p.m. The next regular meeting of the Finance - Accounting Committee will be held September 8, 2009 at 4:00 p.m. 2 Meeting Date: Subject: ATTACHMENTS: ITEM NO. 10.3 AGENDA REPORT August 13, 2009 Personnel -Risk Management Committee (Armstrong /Collett) Alternate: Summerfield • Minutes of meeting held August 10, 4:00 p.m. (To be provided at the meeting). • Meeting scheduled for September 14, 4:00 p.m. Description: Type: 081009 PRM - Minutes.doc PRM Mtg Minutes 08/10/09 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL -RISK MANAGEMENT COMMITTEE MEETING August 10, 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 R. Armstrong, Chair Director John W. Summerfield, Alternate 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR STAFF Ken Vecchiarelli, General Manager Gina Knight, Human Resources Mgr 2.1. Employee - Employer Relations Between the District and Its Recognized Employee Organizations Staff reported on the status of the Employee - Employer Relations Resolution and discussed the history behind the proposed resolution. The Committee will recommend to the Board of Directors to adopt the Employee - Employer Relations Resolution at the next Board meeting scheduled for August 13, 2009. 3. DISCUSSION ITEMS 3.1. Status of Recruitments Staff gave an update on the following current recruitments: Water Quality Engineer, Plant Operator II and Finance Director. These positions became vacant due to staff resignations. Staff also reported that the District would have a new Sr. Project Manager effective August 17, 2009. 3.2. Status of Risk Management Activities None reported. 3.3. Future Agenda Items and Staff Tasks Staff reported that commencing in September a spreadsheet identifying the activity of the Human Resources department would be included as part of the Personnel /Risk Management agenda. The spreadsheet will identify various key functions of responsibility for FY 2009/2010 such as development/review of policies and procedures, Human Resources /Risk Management /Safety related training, recruitment activity, claims and District employee related activities. 1 4. ADJOURNMENT 4.1. The Committee adjourned at 4:45 p.m. The next regular meeting of the Personnel -Risk Management Committee will be held September 14, 2009 at 4:00 p.m. 2 ITEM NO. 10.4 AGENDA REPORT Meeting Date: August 13, 2009 Subject: Planning- Engineering- Operations Committee (Mills /Armstrong) Alternate: Beverage Minutes of meeting held August 6, 4:00 p.m. Meeting scheduled for September 3, 4:00 p.m. ATTACHMENTS: Name: Description: Type: 080609 PEO - Minutes.doc PEO Mtg Minutes 08/06/09 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PLANNING - ENGINEERING - OPERATIONS COMMITTEE MEETING August 6, 2009 A meeting of the Planning- Engineering- Operations Committee was called to order by Director Mills 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 William R. Mills, Chair Director Paul R. Armstrong 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR STAFF Ken Vecchiarelli, General Manager Steve Conklin, Engineering Manager Lee Cory, Operations Manager Ken Mendum, Ops Superintendent John DeCriscio, Chief Plant Operator 2.1. Proposed Casino Ridge Project, Tract 16488 Mr. Bob King of the King Family Trust, along with Mr. Mark Guithues and Mr. Gordon Thomson were present to discuss the issues regarding the proposed Casino Ridge Project. Mr. Vecchiarelli provided background concerning this and adjacent projects. Mr. King described the proposed project and a handout was provided by Mr. Thomson with talking points for discussion. A discussion followed concerning the issues of water pressure for fire service and residential needs, and meeting water storage requirements. At the conclusion of the discussion, the Committee asked that staff continue to work on these items with the King Family representatives, and to return at a later date to the PEO Committee with proposed actions for consideration. 2.2. Terms and Conditions for Water and Sewer Service with Dentino Properties Mr. Conklin described the proposed improvements and terms and conditions. He also pointed out minor changes in the project description and the terms and conditions that were requested by the property owner. Following discussion, the Committee supported staff's recommendation for approval of the Terms and Conditions, with the minor revisions as described. 2.3. Preparation of an Asset Management Plan Mr. Conklin described the elements of the proposed asset management plan and the resulting product that will assist the District in planning for the future. He went on to describe the proposals received from consultants, and the proposal review process for the preparation of the Asset 1 Management Plan. Following discussion, the Committee supported staff's recommendation for award of the Professional Services Agreement to Carollo Engineers, for a fee not to exceed $112,000, for the preparation of the Asset Management Plan. 2.4. Proposed Installation of Solar Panels on Spring View Reservoir Mr. Conklin described the proposed plan to install a small -scale (30 kilowatt) solar power generation facility at the Spring View Reservoir site as a means to determine the actual cost of constructing and operating solar power facilities, before considering large -scale facilities for the District. He reported that RFPs were sent to five solar providers and three proposals were received to design and install a complete and operable unit. Following discussion, the Committee supported staff's recommendation to award the project to the low- bidder, Akeena Solar, Inc., for a cost not to exceed $227,489. 2.5 Proposed Change Order to Well 12 Testing Contract Mr. Vecchiarelli requested that this item be added to the agenda for consideration by the Committee, so that work can proceed on Well 12 to restore it to service. The Committee agreed with staff's request to add this to the agenda for consideration. Mr. Conklin described the testing program recently completed on Well 12 and the recommendations made by CDM, the District's consultant, for modifications to restore it to service. He reported that General Pump, the service company that performed the testing, was requested by staff to provide a cost proposal for the modifications. He indicated that staff reviewed the cost proposal and recommends approval. After discussion, the Committee supported staff's recommendation for approval of Change Order No. 1 in the amount of $56,973.39 for General Pump Company to provide improvements to Well 12. 3. DISCUSSION ITEMS 3.1. Completion of Construction of Bastanchury 18" and 36" Water Mains Mr. Conklin reported that the above work was completed by Shapell's contractor, as the fifth and final reach of the project, totaling approximately six miles of pipeline from Gardenia Reservoir to Fairmont Reservoir. The total cost to the District was $1,010,185 for upsizing of elements of the project to accommodate future growth and needs. 3.2. Monthly Groundwater Production and Purchased Water Report Mr. DeCriscio reported on water production for July 2009, noting that it was 9.6% under the budgeted amount. He also noted that the July 2009 production was the lowest July in the last eight years. 3.3. Monthly Preventative Maintenance Program Report Mr. Mendum discussed the information presented in the PM Report, noting that Maintenance Department staff worked extensively in July on the painting of fire hydrants and the upgrading of water system sampling 2 stations. The latter work was at the request of the Engineering Department, to minimize water discharge to the street and sidewalk when sampling station service lines are purged before weekly sample collection. With the completion of these tasks, Mr. Mendum stated he anticipates no problem getting back on schedule on maintenance items that fell below monthly goals and objectives. 3.4. Monthly MWDOC Managers Meeting Summary Report Mr. Vecchiarelli reported that Mr. Grady attended the above meeting and participated in the discussion on the preparation of the response to the Grand Jury. 3.5. Monthly OC Groundwater Producers Meeting Summary Report Mr. Conklin reported that this meeting had been cancelled. 3.6. Status Report on Capital Projects in Progress Mr. Conklin briefed the Committee on projects in the monthly status report. 3.7. Future Agenda Items and Staff Tasks None. 4. ADJOURNMENT 4.1. The meeting was adjourned at 5:53 p.m. The next regular meeting of the Planning- Engineering- Operations Committee will be held September 3, 2009 at 4:00 p.m. 3 ITEM NO. 10.5 AGENDA REPORT Meeting Date: August 13, 2009 Subject: Public Information - Technology Committee (Collett /Beverage) Alternate: Armstrong Minutes of meeting held August 4, 4:00 p.m. Meeting scheduled for September 1, 4:00 p.m. ATTACHMENTS: Name: Description: Type: 080409 PIT - Minutes.doc PIT Mtg Minutes 08 %04 %09 Minutes MINUTES OF THE YORBA LINDA WATER DISRICT PUBLIC INFORMATION - TECHNOLOGY COMMITTEE MEETING August 4, 2009 A meeting of the Public Information - Technology 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 Director Michael J. Beverage 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS STAFF Ken Vecchiarelli, General Manager Pat Grady, Assistant General Manager Cindy Botts, Management Analyst 2.1. August 2009 Bill Insert Mrs. Botts presented the August 2009 bill insert, detailing the success of the first month of the conservation ordinance. Director Beverage stated that the insert was ready for print with no additional changes. 2.2. September 2009 Bill Insert Mrs. Botts presented two options for design on the September 2009 bill insert through InfoSend on the District's upcoming online bill pay feature. Director Beverage stated that he preferred one design over another. 2.3. Request from City of Yorba Linda to Include Bill Insert Regarding Coyotes with September Bills Mrs. Botts presented the City's request to include a bill insert on Coyotes with the September bills and informed the Committee that the City would follow the same process and conditions as other governmental agencies that have requested the District include a bill insert on their behalf. 2.4. Update on the City of Buena Park's Usage of YLWD's Water Conservation Ordinance Trifold Mrs. Botts stated that the City of Buena Park had not accepted the District's offer to use the trifold design at half the District's original cost of the design. Director Beverage then agreed that for the purposes of maintaining good relations with the City, that we allow them use of the trifold design at no cost. 2.5. YLWD Ordinance Permanent Signage Mrs. Botts presented the final design for the permanent signage and Director Beverage suggested several areas where the placement of the 1 signs might be best. Mr. Vecchiarelli stated that staff would be following up with the City on their permit restrictions prior to placing the signs. 2.6. Water Usage and Conservation for the Month of July 2009 Mr. Vecchiarelli presented the monthly statistics of water usage and detailed how the first month of the conservation ordinance implementation went. 2.7. Upcoming Public Events Mrs. Botts discussed the upcoming Relay for Life event and the District's involvement. 2.8. Future Agenda Items and Staff Tasks Mrs. Botts handed out a draft of the Summer 2009 newsletter and requested comments be sent back to her by Tuesday, August 11, 2009. 3. ADJOURNMENT 3.1. The meeting was adjourned at 5:00 p.m. The next regular meeting of the Public Information - Technology Committee will be held September 1, 2009 at 4:00 p.m. 2 Meeting Date: Subject: ATTACHMENTS: AGENDA REPORT August 13, 2009 Citizens Advisory Committee Minutes of meeting held August 3, 8:30 a.m. Meeting scheduled for August 24, 8:30 a.m. ITEM NO. 10.9 Description: Type: 080309 - CAC Minutes.doc CAC Mtg Minutes 08/03/09 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING August 3, 2009 A meeting of the Citizens Advisory Committee was called to order at 8:30 a.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE Gary Melton Gene Scearce Gregory Meyers Howard Weber 1. PUBLIC None. Lindon Baker Oscar Bugarini, Sr Richard Bogda Robert Kiley COMMENTS 2. DISCUSSION ITEMS STAFF Ken Vecchiarelli, General Manager Pat Grady, Asst. General Manager Cindy Botts, Management Analyst Steve Conklin, Engineering Mgr. Ruben Maldonado, WQ Technician 2.0.5. Lead and Copper Sampling Water Quality Technician Ruben Maldonado, presented information to the Committee regarding the District's water quality sampling program, including the triennial lead and copper sampling requirements. Mr. Maldonado extended an invitation to the Committee members, and on to their friends and families that live in the District, to participate in this program if they meet the qualifications presented. Mr. Vecchiarelli explained the District's regular water quality sampling program throughout this discussion. Ruben and Mr. Conklin left the meeting after collecting the sign up sheet that was passed around for the members to sign if they are interested in participating. 2.1. Water Rate Increase Mr. Vecchiarelli gave a PowerPoint presentation on the water rate increase and explained how staff established both the financial drivers and the range of units within each tier. He also invited the committee to attend the water rate hearing and voice to the Board of Directors if they support the rate increase and if so, which of the rate structures they support and why. 2.2. Sewer Rate Increase Mr. Vecchiarelli explained to the Committee that the District was not looking to raise sewer rates this year. 1 2.3. Water Conservation Ordinance Progress Report Mr. Vecchiarelli informed the Committee of the District's conservation results achieved in July and the District's continuing communication efforts to the community. Mrs. Botts explained how the first month of the ordinance went, including the number of courtesy notices that were sent out and for which violations. 2.4. OC Grand Jury Reports Mr. Vecchiarelli postponed the Grand Jury Report discussion until the next meeting. 2.5. OC Ground Water Replenishment System Tour - August 7, 2009 10:00 a.m. Mrs. Botts reminded the Committee members that the tour would take place on Friday and asked for confirmation on attendees by email. 3. ADJOURNMENT 3.1. The meeting was adjourned at 10:30 a.m. The next regular meeting of the Citizens Advisory Committee will be held August 24, 2009 at 8:30 a.m. 2 AGENDA REPORT Meeting Date: August 13, 2009 ITEM NO. 12.1 Subject: Meetings from August 14, 2009 thru September 30, 2009 ATTACHMENTS: Description: Type: BOD Activities Calendar.pdf BOD Activities Calendar Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: UUMIT-1191TIN Exec utive - Admin- Organizational Committee Meeting Mon, Aug 17 4:OOPM Summerfield /Mills Yorba Linda City Council Tue, Aug 18 6:30PM Armstrong MWDOC Board Wed, Aug 19 8:30AM Staff OCWD Board Wed, Aug 19 5:OOPM Staff Citizens Advisory Committee Meeting Mon, Aug 24 8:30AM Yorba Linda Planning Commission Wed, Aug 26 7:OOPM Summerfield Board of Directors Regular Meeting Thu, Aug 27 8:30AM September 2009 Public Information - Technology Committee Meeting Tue, Sep 1 4:OOPM Collett /Beverage Yorba Linda City Council Tue, Sep 1 6:30PM Mills MWDOC /MWD Workshop Wed, Sep 2 7:30AM Staff OCWD Board Wed, Sep 2 5:OOPM Staff Planning- Engineering- Operations Committee Meeting Thu, Sep 3 4:OOPM Mills /Armstrong Finance - Accounting Committee Meeting Tue, Sep 8 4:OOPM Beverage /Summerfield Yorba Linda Planning Commission Wed, Sep 9 7:OOPM Collett Board of Directors Regular Meeting Thu, Sep 10 6:30PM Personnel -Risk Management Committee Meeting Mon, Sep 14 4:OOPM Armstrong /Collett Exec utive - Admin- Organizational Committee Meeting Tue, Sep 15 4:OOPM Summerfield /Mills Yorba Linda City Council Tue, Sep 15 6:30PM Armstrong MWDOC Board Wed, Sep 16 8:30AM Staff OCWD Board Wed, Sep 16 5:OOPM Staff City of Placentia Ad Hoc Committee Meeting Thu, Sep 17 4:OOPM Beverage MWDOC /OCWD Ad Hoc Committee Meeting Tue, Sep 22 4:OOPM Mills /Collett Yorba Linda Planning Commission Wed, Sep 23 7:OOPM Summerfield Board of Directors Regular Meeting Thu, Sep 24 8:30AM Citizens Advisory Committee Meeting Mon, Sep 28 8:30AM 8/7/2009 9:42:28 AM ITEM NO. 13.1 AGENDA REPORT Meeting Date: August 13, 2009 Subject: California Water Challenge Presentation - August 20, 2009 Assembly Select Committee Hearing - August 21, 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: Name: California Water Challenge Presentation. pdf Assembly Select_ Committee_ Hearing. df Description: Type: Event Flyer Backup Material Event Flyer Backup Material Congressman Ed Royce Presents "The California Water Challenge" The California Water Challenge Presentation by Congressman Edward Royce rid ��I III��1111U�illll�i�ll lil�9��7�411flflilll�l(li��111 III�il111U�ilUlfiVlill�� (Fullerton) U: S. Representative Ed Royce serves Southern C'� all ifL-rriia's4Gth District, based in Orange County. He and his wife, Mart e, are longtime residents of Fullerton, CA. His priorities are: protecting ourhomeland, supporting our troops and veterans, providing meaningful tax relief for workers, protecting the budget and cutting excessive government spending, fighting crime and sup p o rtin g vi ctim s of crime, strengthening education for all students, and preserming Social Security and Medicare. He has consistently earned honors and awards from the National Taxpayers Union Citizens Against Government Waste, National Federation of Independent Businesses, Watchdogs of the Treasury, Americans for Tax Reform, U.S. Chamber of Commerce, United Seniors Association 60 Plus, American Share Holders Association, Citizens for a Sound Economy and the Small Business Survival Committee. Thursday August 20, 2009, 11:30 a.m.- Social, 12:00 p.m.- Lunch, 12:30 p.m. to 1: ].0 p.m.- Program Sponsored by the American Society of Civil Engineers CE Orange County Branch Hilton Hotel, 3050 Bristol Street, Costa Mesa, CA 92626, Tel: (714) 540 — 7000 C 0 S T: AS'CE lWn s• - 40 prepairt x'45 waffaqpr� Nora- nwnzbers 50, %de s 5 o rmenw on naut be raecei wd byAx st l , 009 at 12noorr. You can pay by credit card v ac tie Smfwh ?whsiteL See below_ for vwiovs+ nwt o& of rewnudoiL ConAwt Gayle S&-wart with any q Lions. estenwrCa)awocizdony1ayetxom (714) 258-8306 By Internet: ww- w.asceoc.org By Mail: Fill out the form below AS CE prefers online registration at http:llwK .asceoc.orL or http:llaseeoc.evexnthrite.com Otherwise follow the instructions below-: August 20, 2009 AS CE ORANGE COUNTY BRANCH — CONGRESSMAN EDWARD ROYCE Reservation must be prepaid by Monday, August 17, 2009 Make checks payable to ASCE Orange County Branch and said check with this form to: http:// caunpaign. consta ntcontact.com/... dml8dEs4rbxnE5hgR4G- pR5fFC31t3ZbOWhsDWyXfwewcaZVWiWGz3Dpa5uNlEYDxAQ %3D %3D [8/7/2009 1:44:20 PM] %1"Jose Solono, Chai Slake AA%_ %ur"blynizpi, Dear Friends: On behalf of the members of the Assembly Select Committee on Regional Approaches to Addressing the State's Water Crisis, I would like to invite you to our first committee hearing. Details are as follows: HEARING: Friday, August 21, 2009 9:00 a.m. —1:00 p.m. (including lunch) LOCATION: OCWD / MWDOC Board Room 18700 Ward Street Fountain Valley, California 92708 California's water crisis deserves statewide attention to find solutions that work. Our select committee will conduct three or four hearings throughout the state to find best practices regarding local conservation projects, regional strategies to deliver new supplies of drinking water, and new ideas for the state to consider as it addresses current and future water shortages. I encourage you to join us at our first hearing. Panelists will include: • Steve Sheldon, President, Orange County Water District • Michael Markus, General Manager, Orange County Water District • Jeff Kightlinger, CEO, Metropolitan Water District • Paul Jones, General Manager, Irvine Ranch Water District • Robert Wade, Director of Legislation, California Landscape Contractors Association • Scott Maloni, Vice President, Poseidon Resources • Michael Motherway, President, DXV Water Technologies • Darcy Burke, Director of Public Affairs, Municipal Water District of Orange County • Lucy Dunn, President, Orange County Business Council For a detailed agenda see attached. Seating for the hearing is limited. Please RSVP by Tuesday, August 18th with my scheduler, Kim Nguyen, via e-mail at kim.nguyen @asm.ca.gov or via phone at (916) 319 -2069. Sincerely, JOSE SOLORIO State Assemblyman Chair, Assembly Select Committee on Regional Approaches to Addressing the State's Water Crisis JV757tessera�Pyrrrara Jose SioInrro. Chair AUGUST 21, 2009 HEARING AGENDA (DRAFT) 9:00 a.m. - 9:20 a.m. Welcome Remarks Assemblyman Jose Solorio and select committee members 9:20 a.m. - 10:00 a.m. Panel 1: Best Practices in Conservation • Smart Irrigation Systems Robert Wade, Director of Legislation, California Landscape Contractors Association • Progressive Approach to Tiered Rates and Water Report Cards Paul Jones, General Manager, Irvine Ranch Water District • How to Sell Conservation Darcy Burke, Director of Public Affairs, Municipal Water District of Orange County 10:00 a.m. - 10:40 a.m. Panel 2: Regional Solutions to Delivering New Sources of Drinkable Water The Groundwater Replenishment System Works Michael Markus, General Manager, Orange County Water District Diversifying Orange County Water Supply Through Seawater Desalination Scott Maloni, Vice President, Poseidon Resources Emerging Desalination Technologies: Natural Pressure Reverse Osmosis Michael Motherway, President, DXV Water Technologies 10:40 a.m. -11:20 a.m. Panel 3: Suggestions to Solve the State's Water Crisis Near and Long -Term Options for California Water Sustainability Jeff Kightlinger, CEO, Metropolitan Water District of Southern California So Cal's "New Blue" Water Solution Steve Sheldon, President, Orange County Water District Building Water Consciousness in the Business Community Lucy Dunn, President, Orange County Business Council 11:20 a.m. - 11:30 a.m. Closing Remarks Assemblyman Jose Solorio and select committee members 11:30 a.m. - 11:50 a.m. 11:50 a.m. - 1:00 p.m Break Lunch / Policy Briefing • Update on Bay Delta Conservation Plan Keith Coolidge, Chief Deputy Director of CALFED Bay -Delta Program