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HomeMy WebLinkAbout2010-06-10 - Board of Directors Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, June 10, 2010, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL William R. Mills, President Michael J. Beverage, Vice President Ric Collett Phil Hawkins John W. Summerfield 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. SPECIAL RECOGNITION 6.1. Presentation of Proclamation to Sandi Van Etten for 18 Years of Service to the District 7. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 7.1. Minutes of the Regular Board of Directors Meeting Held May 27, 2010 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $628,036.17. 7.3. Progress Payment No. 1 for Well 20 Drilling Recommendation: That the Board of Directors approve Progress Payment No. 1 in the amount of $325,299.50 to Bakersfield Well & Pump Co. and 10% retention of $32,529.95 for drilling of Well 20, Job No. 200711. 7.4. Progress Payment No. 25 for the Highland Reservoir Replacement Project Recommendation: That the Board of Directors approve Progress Payment No. 25 in the net amount of $156,544.92 to Schuler Engineering Corporation and 10% retention of $17,393.88 deposited to Citizens Business Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No. 200309. 7.5. Approval of Change Order No. 1 for Hidden Hills Reservoir Project Recommendation: That the Board of Directors approve Change Order No. 1, in the amount of $3,027.86 and 16 additional calendar days, to Pacific Hydrotech Corporation for construction of the Hidden Hills Reservoir Project, Job No. 200028. 7.6. Renewal of Supplier Contract with Nickey Petroleum, Inc. Recommendation: That the Board of Directors authorize the General Manager to enter into the renewal option as part of our Supplier Contract agreement with Nickey Petroleum Inc. The extended term of the contract will be 12 months, with service starting on July 1, 2010 and ending on June 30, 2011, with a total estimated contract cost of $112,350.00. 7.7. Renewal of Maintenance Contract with Marina Landscape Recommendation: That the Board of Directors authorize the General Manager to enter into the renewal option agreement as part of our Maintenance Contract with Marina Landscape. The new term of the contract will be 12 months, with service starting on July 1, 2010 and ending on June 30, 2011, with a total estimated contract cost of $38,800. 7.8. Renewal of Janitorial Contract with Merchants Building Maintenance Recommendation: That the Board of Directors authorize the General Manager to enter into the renewal option for a Janitorial Service Contract with Merchants Buildings Maintenance. The new term of the contract will be 12 months with service starting on July 1, 2010 and ending on June 30, 2011, with a total estimated contract cost of $71,920. 7.9. Agreement for Sharing Consultant Costs for 2010 Urban Water Management Plan (UWMP) Recommendation: That the Board of Directors execute the Agreement with the Municipal Water District of Orange County (MWDOC) for Sharing Consultant Costs for the 2010 Urban Water Management Plans. 7.10. March Budget to Actual Results Recommendation: That the Board of Directors receive and file the March 2010 budget to actual results. 7.11. Damage Claim Filed by Residents of Recommendation: That the Board of Directors reject and refer to ACWA/JPIA, the claim submitted by the residents of for an undisclosed amount needed to reconstruct and restore their private street. 8. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 8.1. Sewer Maintenance Charges for Locke Ranch and Areas Outside of the District for Fiscal Year 2010/11 Recommendation: That the Board of Directors approve Resolution No. 10-14 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 2010/11 Tax Roll and Rescinding Resolution No. 09-10. 8.2. Amendments to the District's Conflict of Interest Code Recommendation: That the Board of Directors approve Resolution No. 10-15 Adopting a Conflict of Interest Code for the Yorba Linda Water District. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report 9.2. Directors' Reports 9.3. General Manager's Report 9.4. General Counsel's Report 9.5. Future Agenda Items and Staff Tasks 10. COMMITTEE REPORTS 10.1. Executive Administrative-Organizational Committee (Mills/Beverage) Alternate: Collett • Meeting scheduled June 15, 2010 at 4:00 p.m. was rescheduled to June 30, 2010 at 4:00 p.m. 10.2. Finance-Accounting Committee (Sum merfield/Collett) Alternate: Mills • Meeting scheduled June 14, 2010 at 4:00 p.m. was rescheduled to 8:00 a.m. the same day. 10.3. Personnel-Risk Management Committee (Collett/Hawkins) Alternate: Summerfield Minutes of meeting held June 4, 2010 at 4:00 p.m. (To be provided at the meeting.) Meeting scheduled July 13, 2010. 10.4. Planning-Engineering-Operations Committee (Mills/Summerfield) Alternate: Beverage Minutes of meeting held June 2, 2010 at 4:00 p.m. Meeting scheduled July 1, 2010 at 4:00 p.m. 10.5. Public Information-Technology Committee (Beverage/Hawkins) Alternate: Summerfield Minutes of meeting held June 1, 2010 at 4:00 p.m. Meeting scheduled July 6, 2010 at 4:00 p.m. 10.6. MWDOC/OCWD Ad Hoc Committee (Mills/Beverage) Alternate: Collett • Meeting scheduled July 27, 2010 at 4:00 p.m. 10.7. Citizens Advisory Committee (Directors Rotate Attendance) • Meeting scheduled June 28, 2010 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL City Council - June 1, 2010 (Mills) 11.2. MWDOC/MWD Workshop - June 2, 2010 (Staff) 11.3. OCWD Board - June 2, 2010 (Staff) 11.4. WACO - June 4, 2010 (Hawkins) 11.5. YL Planning Commission - June 9, 2010 (Collett) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from June 11, 2010 - July 31, 2010 13. ADJOURNMENT 13.1. The next regular meeting of the Board of Directors will be held June 24, 2010 at 8:30 a. m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 7.1 AGENDA REPORT Meeting Date: June 10, 2010 Subject: Minutes of the Regular Board of Directors Meeting Held May 27, 2010 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Narne: Description: Type: 052710 BOD - Minutes.doc BOD Mtg Minutes 05/27/10 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/10/2010 JS/RC 3-0 Directors Hawkins and Mills were absent. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING May 28, 2010 1. CALL TO ORDER The May 28, 2010 regular meeting of the Yorba Linda Water District Board of Directors was called to order by 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 STAFF PRESENT William R. Mills, President Ken Vecchiarelli, General Manager Michael J. Beverage, Vice President Pat Grady, Assistant General Manager Ric Collett (Arrived at 8:33 a.m.) Art Kidman, General Counsel Phil Hawkins Steve Conklin, Engineering Manager John W. Summerfield Lee Cory, Operations Manager Stephen Parker, Finance Director Gina Knight, HR Manager Damon Micalizzi, PI Specialist Amelia Cloonan, Personnel Tech 4 Richard Gangloff, Maint Dist Operator II Edgar Araujo, Maintenance Worker I a.. Annie Alexander, Executive Secretary OTHER VISITORS Brett Barbre, Director, Municipal Water District of Orange County Laurie Park, Associate, McCormick, Kidman & Behrens 4. ADDITIONS/DELETIONS 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. 14.2. 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 (OC Superior Court - Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (OC Superior Court - Case No. 00125994) 1 Name of Case: State Farm General Insurance Company vs. YLWD (OC Superior Court - Case No. 00311353) Name of Case: Weiss vs. YLWD (OC Superior Court - Case No. 00319080) Name of Case: Lindholm vs. YLWD, et al (OC Superior Court - Case No. 00320239) Name of Case: Travelers Commercial Insurance Company vs. YLWD (OC Superior Court - Case No. 00327152) Name of Case: Manista vs. YLWD, et al (OC Superior Court - Case No. 00332968) Name of Case: Rodriguez vs. YLWD, et al (OC Superior Court - Case No. 00333938) Name of Case: American Security Insurance Company, et al vs. YLWD (OC Superior Court - Case No. 00348304) On a motion by Director Beverage, seconded by Director Hawkins, the Board voted 4-0 with Director Collett being absent, to add Item No. 14.2. to the agenda. 5. PUBLIC COMMENTS None. 6. SPECIAL RECOGNITION 6.1. Introduce Edgar Araujo, Newly Hired Maintenance Worker I Mr. Cory introduced Mr. Araujo and provided a brief summary of his work history. Director Collett arrived at 8:33 a.m. 6.2. Recognize Amelia Cloonan, Personnel Technician, and Richard Gangloff, Maintenance Distribution Operator II, for Receipt of H.R. LaBounty Safety Award The Board of Directors commended Ms. Cloonan and Mr. Gangloff for their efforts in promoting a safe work environment. 6.3. Recognize Amelia Cloonan, Personnel Technician, for Completion of the ACWA/JPIA Professional Development Program The Board of Directors commended Ms. Cloonan for completion of the Supervisor Basics and Human Resources specialties in the ACWA/JPIA Professional Development Program. Ms. Cloonan and Messrs. Araujo and Gangloff left the meeting at this time. 2 7. CONSENT CALENDAR On a motion by Director Beverage, seconded by Director Summerfield, the Board voted 5-0 to approve the Consent Calendar. Director Hawkins abstained from voting on Item No. 7.1. as he was not in attendance at the meeting. 7.1. Minutes of the Regular Board of Directors Meeting Held May 13, 2010 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 $684,300.92. 7.3. Final Progress Payment 3 for the Administration Building Solar Project Recommendation. That the Board of Directors approve Final Progress Payment No. 3 in the net amount of $24,951.44 to Akeena Solar Inc.; authorize staff to file the Notice of Completion and release the retention thirty-five days following recordation if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found in the Administration Building Solar Project, Job No. 200912. 7.4. Ohio Street Pipeline Replacement Project Professional Services Agreement s Recommendation. That the Board of Directors ratify issuance of a Professional Services Agreement for engineering services with Tetra Tech, Inc. for the Ohio Street Pipeline Replacement Project, for a fee of $85,400. 7.5. Quarterly Investment Report for March 2010 Recommendation. That the Board of Directors receive and file the investment report for the quarter ending March 31, 2010. 3 8. ACTION CALENDAR 8.1. Revision of the District's Personnel Rules Ms. Knight explained that over the past several months, the District's negotiating team and bargaining unit representatives had been reviewing proposed revisions to the District's Personnel Rules. These revisions included bringing the rules into compliance with the Fair Labor Standards Act and removing outdated language. The Personnel-Risk Management Committee reviewed the revisions on several occasions and recommend adoption by the Board. On a motion by Director Collett, seconded by Director Hawkins, the Board voted 5-0 on a Roll Call to approve Resolution No. 10-09 Adopting Personnel Rules for the Yorba Linda Water District. 8.2. Initiating Proceedings for SAVI Ranch Annexation Mr. Conklin explained that the District had filed an application with LAFCO to initiate proceedings for the annexation of a 303-acre area in SAVI Ranch to the District. The District has been providing water service to this area since 1982 through a pre-annexation agreement with the developer, SAVI Ranch Associates. The purpose of the annexation is to adjust the District's boundaries so they are coterminous with its service area. On a motion by Director Beverage, seconded by Director Summerfield, the Board voted 5-0 on a Roll Call to approve Resolution No. 10-10 Initiating Proceedings for Savi Ranch Annexation of Approximately 303 Acres to the Yorba Linda Water District. 8.3. Consolidation of Enterprise Funds Mr. Vecchiarelli explained that consolidating the District's enterprise fund structure from four accounts into two, retaining the Water and Sewer funds and eliminating the Improvement District (ID) 1 and ID 2 funds would significantly reduce the amount of unnecessary reporting work performed by the Finance department. Mr. Vecchiarelli then provided a brief summary of the original purpose of the ID 1 and ID 2 funds and their current status. Following further discussion, Director Mills stated that the Board had been provided a copy of correspondence from representatives of the King Family, landowners in ID 1, against this proposed action. Mark Guithues, attorney for Community Legal Advisors, Inc. representing the King Family, addressed the Board and stated that he had recently been informed by staff that consolidation of these funds would not have an adverse affect on the District's ability to obtain bond funding for future development and that they were no longer opposing this action. On a motion by Director Beverage, seconded by Director Summerfield, the Board voted 5-0 on a Roll Call to approve Resolution No. 10-11 Consolidating Improvement District No. 1 and 2 Funds into Reserves for Capital Projects. 4 8.4. Financial Reserves Policy Mr. Parker explained that the proposed policy would establish written goals and objectives and provide guidelines for the managing, funding and use of the District's financial reserves. The adoption of a formal reserve policy will also demonstrate that the District plans to continue managing its financial obligations in a prudent and financially responsible manner. A total of 5 reserve funds are identified in the policy of which 3 are Board designated and 2 are contractually restricted. On a motion by Director Summerfield, seconded by Director Collett, the Board voted 5-0 on a Roll Call to approve Resolution No. 10-12 Adopting and Implementing a Financial Reserves Policy. 8.5. Import Water Pass-Through Rate Increase Mr. Vecchiarelli explained that the Metropolitan Water District (MWD) had adopted a 2-year rate increase which will be passed on to the District by the Municipal Water District of Orange County (MWDOC) who supplies YLWD with imported water. The Board previously discussed various options available for implementing a MWD/MWDOC pass-through rate increase in the FY 2010/11 budget at the May 13, 2010 meeting. The Board instructed staff to evaluate a rate increase on the basic service charge between $.97 and $1.94 for implementation on July 1, 2010, that would cover the 2-year rate increase adopted by MWD. Staff calculated that an increase of $1.53 effective August 1, 2010 would cover the pass- through increase from MWD and allow for a 30-day advance notice to customers as required by law. On a motion by Director Beverage, seconded by Director Collett, the Board voted 5-0 on a Roll Call to approve Resolution No. 10-13 Setting Water Rates Effective August 1, 2010 and Amending Resolution Nos. 07- 17 and 09-15. 8.6. Director Attendance at Citizens Advisory Committee (CAC) Meetings Mr. Vecchiarelli explained that the Board of Directors had been rotating their attendance at CAC meetings for the past several months. The Executive-Administrative-Organizational (EAO) Committee recently discussed the possibility of assigning regular and alternate Board members to attend these meetings through the end of the calendar year. The EAO Committee directed staff to present this matter to the Board for review. The Board then discussed the purpose of the CAC and the advantages and possible disadvantages of having a Board member attend these meetings. On a motion by Director Beverage, seconded by Director Collett, the Board voted 5-0 to not assign a regular and alternate Board member to regularly attend CAC meetings and requested that the committee's Chair, Vice Chair or a member of staff provide a verbal report on each meeting to the Board on a monthly basis. 5 9. DISCUSSION ITEMS 9.1. FY 2010/11 Draft Budget Mr. Vecchiarelli provided the Board with a revised budget document as the original contained some errors in the Table of Contents. Mr. Vecchiarelli then provided a brief overview of the draft budget and responded to questions from the Board regarding the water loss factor, water conservation and its effect on water sales, and reserve fund targets. Mr. Barbre addressed the Board and commented on the amount listed for CalPERS contributions. Mr. Parker replied that staff planned to request that the Board establish a trust to deposit and hold these contributions at the end of the next fiscal year. Mr. Vecchiarelli stated that staff would be presenting a final budget for Board approval at the meeting scheduled June 24, 2010. Director Mills commended staff on their work with the budget. 10. REPORTS, INFORMATION ITEMS AND COMMENTS 10.1. President's Report None. 10.2. Directors' Reports None. 10.3. General Manager's Report Mr. Vecchiarelli reported that he and Mr. Micalizzi, along with 7 members of the CAC, had attended the Orange County Water Summit held May 14, 4 2010. Mr. Vecchiarelli further reported that he had received a thank you letter from the City of Calexico for the support provided by Harold Hulbert following the earthquake on April 4, 2010. Director Hawkins questioned if MWD had taken a formal position with regard to the November Water Bond Measure. Mr. Barbre stated that both MWD and MWDOC supported the measure. 10.4. General Counsel's Report None. 10.5. Future Agenda Items and Staff Tasks None. 6 11. COMMITTEE REPORTS 11.1. Executive-Administrative-Organizational Committee (Mills/Beverage) Alternate: Collett Minutes of the meeting held May 26, 2010 were provided at the meeting. Directors Mills and Beverage attended. Matters discussed during the meeting were as follows: Amendments to the Conflict of Interest Codes for the District and the Public Financing Corporation; District Media Policy; and General Counsel's Monthly Summary Billing Report. Meeting scheduled June 15, 2010 at 4:00 p.m. was cancelled. The meeting was then rescheduled to June 30, 2010 at 4:00 p.m. following discussion of Item No. 14.1. 11.2. Finance-Accounting Committee (Summerfield/Collett) Alternate: Mills Minutes of the meeting held May 17, 2010 were provided in the agenda packet. Directors Summerfield and Mills attended. Matters discussed during the meeting were as follows: Import Water Pass Through Rate Increase; Draft Financial Reserves Policy; March Budget to Actual Results, Monthly Investment Report for March 2010; Budget Calendar and Progress Update; and Monthly Portfolio Reports for March 2010. Meeting scheduled June 14, 2010 at 4:00 p.m. was rescheduled to 8:00 a.m. the same day. 11.3. Personnel-Risk Management Committee (Collett/Hawkins) Alternate: Summerfield Meeting scheduled June 8, 2010 at 4:00 p.m. was rescheduled to June 4, 2010 at 4: 00 p.m. 11.4. Planning-Engineering-Operations Committee (Mills/Summerfield) Alternate: Beverage Meeting scheduled June 3, 2010 at 4:00 p.m. was rescheduled to June 2, 2010 at 4: 00 p.m. 11.5. Public Information-Technology Committee (Beverage/Hawkins) Alternate: Summerfield Meeting scheduled June 1, 2010 at 4:00 p.m. 7 11.6. MWDOC/OCWD Ad Hoc Committee (Mills/Beverage) Alternate. Collett Minutes of the meeting held May 25, 2010 were provided at the meeting. Directors Mills and Beverage attended. Matters discussed during the meeting were as follows: OCWD Annexation; MWDOC Rates for FY 2010/11; 2010/11 MWDOC Allocations; Status of North/South Negotiations; MET's approach to Urban Water Management Plan; and November Water Bond Measure. Meeting scheduled July 27, 2010 at 4:00 p.m. 11.7. Citizens Advisory Committee (Directors Rotate Attendance) Minutes of the meeting held May 24, 2010 were provided at the meeting. Director Collett attended. Matters discussed during the meeting were as follows: Organizational Future of the CAC; Proposed Water Rate Increase; November Water Bond Measure; and Status Report on Conservation Efforts. Meeting scheduled June 28, 2010 at 8:30 a.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. YL City Council -May 18, 2010 (Summerfield) Director Summerfield did not attend. 12.2. MWDOC Board - May 19, 2010 (Staff) Staff did not attend. 12.3. OCWD Board - May 19, 2010 (Staff) Staff did not attend. 12.4. YL Planning Commission - May 26, 2010 (Hawkins) Director Hawkins attended and reported that the item regarding the conveyance of excess right-of-way parcels to adjoining residential property owners was removed from the agenda and will be addressed at the next meeting. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from May 28, 2010 -June 30, 2010 The Board reviewed the listed meetings and made one additional change. On a motion by Director Collett, seconded by Director Beverage, the Board authorized Director Hawkins to attend the WACO meeting scheduled June 4, 2010. 8 A brief recess was declared at 10:22 a.m. The meeting reconvened at 10:27 a.m. 14. CLOSED SESSION The meeting was adjourned to Closed Session at 10:27 a.m. All Directors were present. Also present were Messrs. Vecchiarelli, Grady and Kidman and Mses. Knight and Park. The following item was taken out of order. 14.2. 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 (OC Superior Court - Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (OC Superior Court - Case No. 00125994) Name of Case: State Farm General Insurance Company vs. YLWD (OC Superior Court - Case No. 00311353) Name of Case: Weiss vs. YLWD (OC Superior Court - Case No. 00319080) Name of Case: Lindholm vs. YLWD, et al (OC Superior Court - Case No. 00320239) .4 Name of Case: Travelers Commercial Insurance Company vs. YLWD (OC Superior Court - Case No. 00327152) Name of Case: Manista vs. YLWD, et al (OC Superior Court - Case No. 00332968) Name of Case: Rodriguez vs. YLWD, et al (OC Superior Court - Case No. 00333938) Name of Case: American Security Insurance Company, et al vs. YLWD (OC Superior Court - Case No. 00348304) Messrs. Grady and Kidman and Mses. Knight and Park left the Closed Session at 11:15 a. m. following discussion of this item. 9 14.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 11:34 a.m. President Mills announced that an Executive-Administrative-Organizational Committee meeting would be scheduled on June 30, 2010 at 4:00 p.m. to discuss the General Manager's contract. 15. ADJOURNMENT 15.1. The meeting was adjourned at 11:35 a.m. The next regular meeting of the Board of Directors will be held June 10, 2010 at 8:30 a.m. .Mn Ken Vecchiarelli Board Secretary r a. 10 ITEM NO. 7.2 AGENDA REPORT Meeting Date: June 10, 2010 Budgeted: Yes Total Budget: N/A To: Board of Directors Cost Estimate: $628,036.17 Funding Source: All Funds From: Ken Vecchiarelli, General Manager Account No: N/A Job No: N/A Presented By: Stephen Parker, Finance Director Dept: Finance Reviewed by Legal: N/A Prepared By: Maria Trujillo, Accounting Assistant I CEQA Compliance: N/A Subject: Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $628,036.17. DISCUSSION: The major items and wire transfers on this disbursement list are as follows: A wire of $84,600.45 to ACWA- HBA replacing check lost in the mail for May 2010 health premium; a check of $156,544.92 to Schuler Engineering Corporation for May 2010 Highland Reservoir progress payment; and, a check of $52,344.89 to Southern California Edison for May 2010 utility services on various sites. The balance of $104,818.04 is routine invoices. The Accounts Payable check register total is $398,308.30; Payroll No. 11 total is $229,727.87; and, the disbursements of this agenda report are $628,036.17. 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: Nan)c . Description: Type: CkReg61010 BOD.pdf Check Register Backup Material 10-CS _610Tpdf Cap Sheet Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/10/2010 JS/RC 3-0 Directors Hawkins and Mills were absent. Yvrba Linda Water District Check Register For Checks Dated: 5/28/2010 thru 6/10/2010 Check No. Date Vendor Name Amount Description (525k or greater) 54223 06/10/2010 Abbott Staffing Group, Inc. 3,348.15 54224 06/10/2010 ACWA/JPIA 150.00 53868 05/28/2010 ACWA-HBA -84,600.45 Stop payment never recd W052510 05/28/2010 ACWA-HBA 84,600.45 Repl lost check 53868 54225 06/10/2010 Advanced infrastructure 301.46 54226 06/10/2010 Alhambra Foundry Company 177.12 54227 05/10/2010 Alternative Hose inc. 134.94 54222 06/10/2010 Ana Bowen 456.28 54228 06/10/2010 Anaheim Wheel & Tire 65.00 54229 06/10/'2410 Answer One Communications 612.78 54230 06/10/2010 Aqua-Metric Sales Co. 17,339.£5 54231 06/1.0/2010 Aramark Uniform Services, Inc 398.67 54232 06/10/2010 Art Vega 159.99 54233 06/10/2010 AT & T - Calnet2 457.39 54234 06/14/7010 Automationdirect.com, Inc. 11.68 54235 06/10/2010 AW Direct Inc. 275.52 54236 06/10/2010 Bank Of America 79.95 54237 06/10/2010 Battery Systems 683.10 54238 06/10/2010 Be]: Pipe & Supply 121.65 54239 06/10/2010 Cal Municipal Treasurers Assn 35.00 54240 06/10/2010 Calolympic Safety Co, 191.81 54241 06/10/2010 Carollo Engineers 9.991.75 54242 06/10/2010 CaW Government, Inc 5,586.75 54243 06/10/2010 Citizen's Business Bank 17,393.88 54244 06/10/2010 City Of Placentia 189.95 54245 06/10/2010 City Of Placentia 189.95 54246 06/10/2010 Core Support Resources Inc. 857.07 54247 06/10/2010 Dangelo Co. 1,839.24 54251 06/10/2010 Dean Criske Trucking 249.09 54248 06/10/2010 Dell Marketing C.P. 1,313.84 54249 06/10/2010 Delta Wye Electric, Inc. 4,456.00 54250 06/10/2010 Dick's Lock & Safe Inc. 408.90 54252 06/10/2010 Eisel Enterprises, Inc. 60.14 54253 06/10/2010 Employment Development Dept. 2,592.00 54254 06/10/2010 ESRI 8,767.50 54255 05/10/2010 Fairway Ford Sales, Inc. 118.69 54256 06/10/2010 Fidelity Security Life Ins/EyeMed 1,551.48 54257 05/10/2010 Filter Recycling Services, Inc 259.21 54258 06/10/2020 Hall & Foreman, Inc 1,158.75 54259 06/10/2010 Infosend Inc. 9,537.95 54264 06/10/2010 J & S Construction 4,940.00 54260 06/10/2010 Jackson's Auto Supply - Napa 1,335.54 54261 06/10/2010 7ameco Electronics 103.45 54262 06/10/2010 Jennifer Hill 294.30 54263 06/10/2010 Joyce Dale Consulting 4,342.00 54265 06/10/2010 Leighton Consulting, Inc. 9,344.50 54266 06/10/2010 Liebert Cassidy Whitmore 4,414.00 54267 06/14/2010 LPR 85.00 54268 06/10/2010 Mc Master-Carr Supply Co. 589.26 54269 06/10/2010 MDB Air, inc. 2,115,00 54270 06/10/2010 Muzak LLC 65.25 54271 06/10/2010 MWH Americas, Inc, 15,636,86 54272 06/10/2010 Nickey Petroleum Co 4,535.00 54273 06/10/2010 Nobel Systems 5,200) 00 54274 06/10/2010 NPELRA 262.50 54275 06/10/2010 Occu-Med, Ltd. 80.00 54276 06/10/2010 Orange Tool & Industrial Supply 259.96 54283 06/10/2010 P.T.I. Sand & Gravel, Inc. 1,924.92 54277 06/10/2010 Pacific Communications Tech 2,351.49 54278 06/10/2010 Parts Source Anaheim 28.56 54279 06/10/2010 Praxair Distribution 82.80 54280 06/10/2010 Pressure Systems/KPSI 2,071.47 54281 06/10/2010 Providence Publications 427.00 54282 06/10/2010 Psomas & Associates 7,921.00 54284 06/10/2010 Quinn Power Systems Associates 358.87 54285 06/10/2010 RKI Engineering, LLC 7,300.00 54286 06/10/2010 Schuler Engineering Corp. 156,544,92 Highland Res progress pay May 54287 06/10/2010 Selman Chevrolet Company 256.54 54288 06/10/2010 Southern Calif Edison Co. 52,344,89 Utility, All sites May 2010 54289 06/10/2010 Southern Calif Gas Co. 4,526.97 54290 06/10/2010 Stacy Bavol/Petty Cash 246.27 54291 06/10/2010 State Chernical Manufacturing 324.70 53759 05/28/2010 State of California -20.00 54292 06/10/2010 Stater Bros. Markets 15,43 54293 06/10/2010 Terryberry Company 162.61 54294 06/10/2010 The U.S. Telephone Directory 242.00 54296 06/10/2010 U S Postal Service(Hasler) 5,000.00 54295 06/10/2010 USA Blue Book 2,673.84 54297 06/10/2010 Verizon Wireless 478.86 54298 06/10/2010 Village Nurseries 129.42 54299 06/10/2010 Wells Supply Co 7,236.49 54300 06/10/2010 Westside Building Material 504.25 Total $398,308.30 June 10, 2010 CHECK NUMBERS: Void Checks 53759 and 53868 $ (84,620.45) Computer Checks 54222 54300 $ 398,328.30 $ 313,707.85 WIRE: W-052510 ACWA-HBA $ 84,600.45 TOTAL OF CHECKS AND WIRES $ 398,308.30 PAYROLL NO. 11: Computer Checks 4514 4516 Manual Checks 4517-4525 $ 229,727.87 DISBURSEMENT TOTAL: $ 628,036.17 APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF JUNE 10, 2010 ITEM NO. 7.3 AGENDA REPORT Meeting Date: June 10, 2010 Budgeted: Yes Total Budget: $2M To: Board of Directors Cost Estimate: $371,291 Funding Source: Water Capital Reserves From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: 200711 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Anthony Manzano, Senior CEQA Compliance: Exempt Project Manager Subject: Progress Payment No. 1 for Well 20 Drilling SUMMARY: Work is proceeding on schedule and on budget for the drilling of Well 20. Construction, as of May 31, is approximately 89% complete. Submitted for consideration is construction Progress Payment No. 1. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 1 in the amount of $325,299.50 to Bakersfield Well & Pump Co. and 10% retention of $32,529.95 for drilling of Well 20, Job No. 200711. DISCUSSION: In accordance with the contract documents, Bakersfield Well & Pump Co. (BW&P) submitted a request for Progress Pay No. 1 for the period ending May 31, 2010. This progress pay request includes payment for mobilization, well drilling, casing and screen installation, well development and other miscellaneous construction items. The status of the construction contract with BW&P is as follows: . The current contract amount is $367,291.00 and 60 calendar days. . If approved, Progress Payment No. 1 is $325,299.50 (89% of the contract total) less 10% retention of $32,529.95 for a net payment of $292,769.55. . As of May 31, 2010, the allocated 60 calendar days were used (100% of the contract calendar days). However, because of redirected work by District forces, including extended test pumping to allow for additional water quality analysis, staff recommends not enforcing liquidated damages. BW&P is on schedule to be 100% complete and demobilized from the site by June 4, 2010. Staff and CDM, the District's construction management consultant, reviewed the progress payment request and recommend payment. A copy of Progress Payment Request No. 1 is attached for your information. PRIOR RELEVANT BOARD ACTION(S): On February 11, 2010, the Board approved Award of contract for Drilling Well No. 20 to Bakersfield Well & Pump Co. ATTACHMENTS: W20 Progress Pay Report #1 06-02-2010.pdf W20 Progress Pay Report #1 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/10/2010 JS/RC 3-0 Directors Hawkins and Mills were absent. YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Well 20 Drilling PROGRESS PAY REQUEST NO- 001 LOCATION Anaheim, CA PROJECT NO- 200711 PAGE 1 OF 1 PAGES CONTRACTOR Bakersfield Well & Pump Co. DATE 06/01/2010 ORIGINAL CONTRACT AMOUNT: $ 387,291.00 AUTHORIZED CHANGE ORDERS: $ - REVISED CONTRACT AMOUNT: $ 387,291.00 PROGRESS PAY ESTIMATE FOR PERIOD April 1, 2010 TO May 31, 2010 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ $ 325,299.50 $ 325299.50 CHANGE ORDER WORK COMPLETED $ S - $ TOTAL VALUE OF WORK COMPLETED $ - $ 325,299.50 $ 325.299.50 LESS RETENTION 10% $ 32,529.95 LESS OTHER DEDUCTIONS Electronic Wire Fees $ _ NET EARNED TO DATE $ 292,769.55 LESS AMOUNT PREVIOUSLY PAID $ _ BALANCE DUE THIS ESTIMATE $ 292 759.55 NOTICE TO PROCEED March 22, 2010 COMPLETION TIME 60 CALENDAR DAYS APPROVED 1 [ME EXTENSIONS 0 CALENDAR DAYS TOTAL CONTRACT TIME 60 CALENDAR DAYS TIME EXPENDED TO DATE 60 CALENDAR DAYS TIME REMAINING 0 CALENDAR DAYS t r ~ REQUESTED BY; _ _ DATE' _ John C. ZI me e . V. Bakersfield Weft 8 Pump Co. R ECOMMENDED DATE: BY- Anthony fOanzano Sr. Project Manager, YLWD APPROVED BY ' DATE: vC `Steve Conklin, !Engineering Manager, YLWID - - ITEM NO. 7.4 AGENDA REPORT Meeting Date: June 10, 2010 Budgeted: Yes Total Budget: $11.2M To: Board of Directors Cost Estimate: $11.2M Funding Source: Water Revenue Bond From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: 200309 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Joe Polimino, Project Engineer CEQA Compliance: MND Subject: Progress Payment No. 25 for the Highland Reservoir Replacement Project SUMMARY: Work is proceeding on schedule and on budget for the construction of the Highland Reservoir Replacement Project. Construction is approximately 88% complete. Submitted for consideration is construction Progress Payment No. 25. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 25 in the net amount of $156,544.92 to Schuler Engineering Corporation and 10% retention of $17,393.88 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. 25 for the period ending May 31, 2010. This progress pay request includes payment for installation of overflow piping, wash water stations and other miscellaneous mechanical construction. Schuler has also poured the weir box and concrete for the top reservoir roof hatches. Interior work consisted of setting the stairs and concrete finishing of the floors and walls. The status of the construction contract with Schuler Engineering is as follows: . The current contract amount is $9,481,193.87 and 804 calendar days (includes $431,847.87 in authorized change orders and additional 74 calendar days with approved time extensions). . If approved, Progress Payment No. 25 is $173,938.80 (1.8% of the revised contract amount) less 10% retention of $17,393.88 for a net payment of $156,544.92. . If approved, total progress payments to date including retentions are $8,343,827.83 (88.0% of the total revised contract amount). . As of May 31, 2010, 729 calendar days were used (90.7% of the revised contract calendar days). Staff and Carollo Engineers, the District's construction management consultant, reviewed the progress payment request and recommend payment. A copy of Progress Payment Request No. 25 is attached for your information. PRIOR RELEVANT BOARD ACTION(S): The Board has approved 24 progress payments to date, the most recent of which was approved on May 13, 2010. ATTACHMENTS: Schuler Engineering PPR 25 Highland Reservoir.pdf Schuler Engineering PPR25 Highland Reservoir Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/10/2010 JS/RC 3-0 Directors Hawkins and Mills were absent. YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Highland Reservoir PROGRESS PAY REQUEST NO. 25 LOCATION Yorba Linda PROJECT NO. J- PAGE 1 OF 1 PAGES 200309 CONTRACTOR Schuler Engineering DATE Ma 31, 2010 ORIGINAL CONTRACT AMOUNT: $ 9,049,346.00 AUTHORIZED CHANGE ORDERS: $ 431,847.87 REVISED CONTRACT AMOUNT: $ 9,481,193.87 I PROGRESS PAY ESTIMATE FOR PERIOD May 1, 2010 TO May 31, 2010 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 7,744,458.68 $ 173,938.80 $ 7,918 397.48 CHANGE ORDER WORK COMPLETED $ 425 430.35 $ 425,430.35 TOTAL VALUE OF WORK COMPLETED $ 8,169,889.03 $ 173,938.80 $ 8,343,827.83 LESS RETENTION 10% $ 834,382.78 LESS OTHER DEDUCTIONS AMOUNT DUE THIS ESTIMATE $ 7,509,445.05 LESS AMOUNT PREVIOUSLY PAID $ 7,352,900.13 I BALANCE DUE THIS ESTIMATE $ 156,544.92 I NOTICE TO PROCEED June 2,2008 COMPLETION TIME 730 CALENDAR DAYS APPROVED TIME EXTENSIONS 74 CALENDAR DAYS TOTAL CONTRACT TIME 804 CALENDAR DAYS TIME EXPENDED TO DATE 729 CALENDAR DAYS TIME REMAINING 75 CALENDAR DAYS z~ 11 / / REQUESTED BY: 4 DATE: S L R ENGINEERING-CONTRACTOR Chas Wick ' APPROVED BY: F DATE: 710 CARD LO-OWN R'S- REPRESENTATIVE Brian Wilson APPROVED BY: DATE: YLWD- OWNER Steve Conklin ITEM NO. 7.5 AGENDA REPORT Meeting Date: June 10, 2010 Budgeted: Yes Total Budget: $5,500,000 To: Board of Directors Cost Estimate: $5,500,000 Funding Source: ID No. 2 GO Bonds From: Ken Vecchiarelli, General Account No: 401-2700 Manager Job No: 200028 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: No Prepared By: Joe Polimino, Project Engineer CEQA Compliance: MND Subject: Approval of Change Order No. 1 for Hidden Hills Reservoir Project SUMMARY: Work is proceeding on schedule for construction of the Hidden Hills Reservoir and upgrades to the Santiago Booster Pump Station. Submitted for consideration is construction Change Order No. 1. STAFF RECOMMENDATION: That the Board of Directors approve Change Order No. 1, in the amount of $3,027.86 and 16 additional calendar days, to Pacific Hydrotech Corporation for construction of the Hidden Hills Reservoir Project, Job No. 200028. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item on June 2, 2010 and supports staff recommendation. DISCUSSION: In accordance with the contract documents, Pacific Hydrotech Corporation submitted Change Order No. 1 due to additions and modifications, as well as District-initiated changes encountered during the course of construction to date. Proposed Change Order No. 1 includes the addition of reservoir floats for each bay, signs to display weight limits, additional days for a road closure and weather rain days through April 12, 2010. A copy of Change Order No. 1 is attached for review and information. Details of the items in the change order are listed below. Reservoir floats were requested by the District Operations Department as an additional means to show water levels in the reservoir bays, and to add redundancy to the overall system. This change request is for an additional $2,275.85 and no calendar days by the contractor. The District requested the addition of three signs to be placed on top of the reservoir, at key points along the access road, so District personnel in vehicles will be alerted to the weight limitations on the roof of the new reservoir. This change request is for $752.01 and no calendar days by the contractor. Concerning the addition of calendar days to the project, the first was two days for a road closure on Hidden Hills Road, which resulted in stopping the export of material from the project while the reservoir site was being excavated. The road closure was due to a water line break and subsequent repairs by District staff. An additional 14 calendar days is being requested for rain delays which prevented work, through April 12, 2010. This totals 16 additional calendar days requested by the contractor. The status of the construction contract with Pacific Hydrotech Corporation is as follows: . The original contract is $5,012,458.00 and 400 calendar days starting May 11, 2009. . If approved, Change Order No. 1 adds $3,027.86 (0.05% of the current contract amount) and 16 calendar days (4.0% of current contract calendar days). . If approved, the revised construction contract amount is $5,015,485.86 and 416 calendar days. Staff and Butier, the District's construction management consultant, reviewed this change order request and recommend approval. PRIOR RELEVANT BOARD ACTION(S): The Board has approved twelve progress payments to date for this project, the last of which was approved May 13, 2010. ATTACHMENTS: Name: Description Type Chage Order - Hidden Hills.pdf Hidden Hills Change Order No 1 PHC Corporation Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/10/2010 JS/RC 3-0 Directors Hawkins and Mills were absent. YOREA LINDA WATER DISTRICT CHANGE ORDER NO. 001 DATE May 25, 2010 Page 1 of 1 CONTRACT NAME: Hidden Hills Reservoir Project CONTRACT AMT.: $5,+012,458.00 DAYS: 400 CONTRACTOR: Pacific Hydrotech Corporation THIS CHANGE: $ 3,027.86 DAYS: 16 (0.05%) OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $ 5,015,485.86 DAYS: 416 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 Charge Order items for a lump sum price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner. DESCRIPTION OF CHANGES +INCREASE CONTRACT IOR TIME +EXTENSION - DECRE=ASE IN /OR- CONTRACT REDUCTION AMOUNT (DAYS) L~1 Hidden Hilts Road Closure Pravented Truc kj~xport 0.0 2 -Signs for Reservoir Load limits $ 752.01 0 Additional Reservoir Floats $ 2,275.85 0 J Additional Weather Rain Days Through April 12, 2010 $ 0.0 14 NET CHANGE $ 3,027.86 16 t REVISED CONTRACT AMOUNT AND TIME $5,015,485.85 416 The amount of the contract 411 be increased iWaoiaasedg by the sum of $ 3,027.86 and the contract time shall be increased by iS calendar days. The undersigned Contractor approves the foregoing Change Order as to the changes, it any, in the contract price specified for each item including any and all supervision casts and other miscellaneous costs relating to the champs in work, and as to the extension of time allowed, rf any, for completion d the entire work on account of said Change Order_ The Contractor agrees to furnish all labor and materials and perlorrn at] 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 affective when approved by the Owner. This Change Order comtitutes full, tinal, and complete compansalion to the Contractor for all costs, expenses, overhead, profit, and any damages of every kind that the Contractor may Incur in connecfion 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 affect on any of the work under this contract. By the exectalion of the Change Order, the Contractor accepts the contract price orange and the contract completion date change, 6 any, and expressly valves any claims for any_add)tlr of compensatiyri, damages or time extensions, in connection with the above-referenced changes. f 1 i RECOMMENDED: /ENGINEER OR DATE: MNSULTANT w O k ngineeri g Manager .ACCEPTt D: DATE: t] /CONTRACTOR -,1. Kirk rns~ President PHC APPROVED: DATE: /OWNER Kenneth R. Vecchiarelil, General Manager ITEM NO. 7.6 AGENDA REPORT Meeting Date: June 10, 2010 Budgeted: Yes Total Budget: $112,350 To: Planning-Engineering- Cost Estimate: $112,350 Operations Committee Funding Source: Water Operating Fund From: Ken Vecchiarelli, General Account No: Multiple Accounts Manager Presented By: Lee Cory, Operations Manager Dept: Operations Reviewed by Legal: N/A Prepared By: Harold Hulbert, Operations CEQA Compliance: N/A Assistant Subject: Renewal of Supplier Contract with Nickey Petroleum, Inc. SUMMARY: The District currently has a Supplier Contract agreement with Nickey Petroleum Inc (Nickey), to supply gasoline to the District. The agreement has an option for renewal if both parties agree to the conditions of the renewal. Nickey has submitted a request to renew the current contract, which began in July 2009, with no price increase for the 2010/2011 fiscal year. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to enter into the renewal option as part of our Supplier Contract agreement with Nickey Petroleum Inc. The extended term of the contract will be 12 months, with service starting on July 1, 2010 and ending on June 30, 2011, with a total estimated contract cost of $112,350.00. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting held June 2, 2010 and supports staff's recommendation. DISCUSSION: The District's Maintenance and Supplier agreements include options for renewing the contract without the District having to seek new proposals. Each contract agreement can be renewed up to 3 times potentially extending the total contract to four (4) years. The renewal option request, made by the vendor, can be based on either a no cost increase or with a price increase that is tied to the Orange County Consumer Prince Index. The District's current contract with Nickey ends on June 30, 2010. Nickey has provided a letter stating they wish to renew the contract for another year with no price increase. The District has had an annual supplier contract each year since 2007 with Nickey. Their main fuel station is located at 925 Lakeview Ave, two blocks from the Richfield Plant. The fueling site is larger than most service stations and Nickey provides detailed cost and fuel usage reports to the District with each invoice. This allows the District to track it fuel usage and costs by vehicle. Nickey makes fuel purchases on the spot market, tracking fuel prices daily to gain a competitive price advantage for its customers. The price markup to the District per gallon is $0.12 over the fifteen day running average of purchases by Nickey. As of May 27, 2010 the District has paid $88,830.00 in fuel cost for the current fiscal year. Staff estimates fuel cost to end the fiscal year around $101,520.00 based on year to date average fuel usage. ATTACHMENTS: Name: Description: I_ppe: Nickey Petroleum Contract Extension.pdf Correspondence Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/10/2010 JS/RC 3-0 Directors Hawkins and Mills were absent. ~'vwljev J1 Nickey Petroleum Company, Inc. CFN Lubricants 925 Lakeview Ave_, Placentia, CA 92870 • P©. Box 669 " Atwood, CA 92811 FF ' (714) 547-4123 • (562) 860-4711 • PAX (714) 547-3646 24 HH KARD[_c)CK May 25, 2010 Mr. Harald Hulbert, Yorba Linda. Water District 913 S_ Richfield Road Placentia. Ca 9 807 Dear Mr. Hulbert. Nickey Petroleum would like to exercise the renewal option for one additional year oil the current contract for gasoline and diesel fuel purchases at our card lock site in Placentia. Ca. All current terms and conditions will remain as indicated by the agreement and ~ e Will sign and return paperx ork to your offices promptly. Should you have any Additional questions regardirt4p this extension please feel free to contact me at your earliest convince- line rely, ohn Kearns, V P/0M Nickcy Petroleum Company, Inc. s1l xi~l ITEM NO. 7.7 AGENDA REPORT Meeting Date: June 10, 2010 Budgeted: Yes Total Budget: $40,000 To: Planning-Engineering- Cost Estimate: $38,800 Operations Committee Funding Source: Water Operating Fund From: Ken Vecchiarelli, General Account No: 1-5060-0600-40 Manager Presented By: Lee Cory, Operations Manager Dept: Operations Reviewed by Legal: N/A Prepared By: Harold Hulbert, Operations CEQA Compliance: N/A Assistant Subject: Renewal of Maintenance Contract with Marina Landscape SUMMARY: The District currently has a Maintenance Contract agreement with Marina Landscape (Marina), to provide landscape maintenance service to the District. The agreement has an option for renewal if both parties agree to the conditions of the renewal. Marina started performing the contract duties in November 2009. Marina submitted a request to renew the agreement with a price increase based upon the District's change in the scope of work for the 2010/2011 fiscal year, which included three additional sites and added maintenance at several District sites. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to enter into the renewal option agreement as part of our Maintenance Contract with Marina Landscape. The new term of the contract will be 12 months, with service starting on July 1, 2010 and ending on June 30, 2011, with a total estimated contract cost of $38,800. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting held June 2, 2010 and supports staff's recommendation. DISCUSSION: The District's Maintenance and Supplier agreements include options for renewing the contract without the District seeking new proposals. Each contract agreement can be renewed up to 3 times extending the total contract to four (4) years. The renewal option request, made by the vendor, can be based on either a no-cost increase or with a price increase that is tied to the Orange County Consumer Prince Index. The District's current contract with Marina ends on June 30, 2010. Marina has provided a letter stating they wish to renew the contract for another year with a price increase due solely to the additional scope of services requested by the District. The revised scope of work has Marina performing Landscape services at: . 12 Reservoirs . 8 Pump Stations . Plumosa and Richfield/Mira Loma Site Work performed at the reservoirs and pump stations are done on a quarterly basis (October, January, March and June). One of the sites has some work that is done weekly as it is exposed to the public and another site has work done monthly. The Plumosa site is done once a month and the Richfield/Miraloma site is cleaned once a week. The cost for services are based on monthly and/or quarterly work. Quarterly Cost: $8,013.57 x 4 = $32,054.28 Monthly Cost: $841.47 x 8 = $6,731.76 Total Annual Cost: $38,786.04 As of May 27, 2010 the District has paid $31, 386.59 to Marina for landscape services for the current fiscal year. ATTACHMENTS: Name: I %esc pft on: y ie: Change Orderer Marina.pdf Change Order Backup Material Renewal Letter Marina.pdf Renewal Letter Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/10/2010 JS/RC 3-0 Directors Hawkins and Mills were absent. THE YORBA LINDA WATER DISTRICT (YLWD) CHANGE ORDER TO LANDSCAPE MAINTENANCE SERVICES Contract No. OPS-100909-01 MAY 2010 Requests for Clarification are due to Harold Hulbert at YLWD: 4:30 p.m., May 20, 2010 Cost Changes will be received Until: 4:30 p.m., May 24, 2010 at Yorba Linda Water District, 1717 E. Miraloma Ave., Placentia, California 92870 Phone: (714) 701-3000 TABLE OF CONTENTS SECTION 1: SCOPE OF WORK SECTION 2: INFORMATION REQUIRED OF CONTRACTORS SECTION 3: PROPOSAL ATTACHMENTS Attachment 1- Map of YLWD Facilities Attachment 2 Form of YLWD Landscape Maintenance Services Agreement Page 2 of 8 SECTION 1: SCOPE OF WORK FOR LANDSCAPE MAINTENANCE SERVICES The Yorba Linda Water District has several facilities located around its service area that require various degrees of landscape maintenance. In the past most of this work was handled either by District staff or on an "as needed basis" from our current contractor. The District has decided that all of the landscape maintenance should be handled by a single contractor on a single contract. This scope of work will provide the contractor with an understanding of what each of the District's site work requirements are and a time frame for completing these tasks. The District's Point of Contact is: Harold D Hulbert Operations Assistant hhulbert(~, ylwd.com (714) 701-3121 The District has seventeen (17) sites that are listed below. Each of these sites has various tasks that must be performed during the months that are listed with each site. Contractor shall to furnish all labor, materials, tools, equipment, and any other resources necessary for: 1. Irrigation system care and adjustments; 2. Lawn care; 3. Shrub, vine, and ground cover care and trimming; 4. Tree care and pruning; a. All trees should be shall be shaped and provide proper clearance for vehicles and sightline. 5. Clean-up; 6. Mulch replenishment; 7. Weed control; Only State Certified personnel shall be allowed to spray weeds. 8. Fertilizing, insecticides, and herbicides, with cost of materials included; 9. Hauling and disposal. Further, the following work and provision of the following materials will constitute Extra Services under the Landscape Maintenance Services Agreement: 1. 2. Irrigation repairs, parts and labor 3. Plant replacement: replacing 1-gallon, 5-gallon, 15-gallon and 24" box size plants. 4. Mulch replenishment as described in Site 16 Task 7 below will be extra. 5. These and all other extra work and materials shall be approved by the Yorba Linda Water District prior to providing the services or materials Page 3 of 8 All work must be completed within the given timeframe for contractor to receive payment for services. Further, work that is missed must be completed within three days of contractor being notified that work was missed. THERE SHALL BE NO PRE-EMERGENT USED ON DISTRICT FACILITIES. Site #1 - Bryant Ranch Reservoir (See Attached Map) Work Schedule: Quarterly: October, January, March and June. Task 1 - Cut grass and weeds on top of reservoir. Task 2 - Keep walkway clear two feet either side to under-drain. Task 3 - Weeds to be sprayed in March and June using Rodeo. Site #2 - Camino De Bryant Reservoir (See Attached Map) Work Schedule: Quarterly: October, January, March and June. Task 1 - Cut grass and weeds on top of reservoir. Task 2 - Trim around Hatches. Task 3 Keep V-Ditches free and clear. Task 4 - Trim slopes around reservoir and keep weeds below three inches. Task 5 - Cut weeds two feet back either side of road. Task 6 - Cut weeds back two feet inside and outside of perimeter fence. Task 7 - Weeds to be sprayed in March and June using Rodeo. Site #3 - Chino Hills Reservoir (See Attached Map) Work Schedule: Quarterly: October, January, March and June. Task 1 - Cut grass and weeds on top of reservoir. Task 2 Clear weeds on pathway to antenna ten feet either side. Task 3 Clear weeds ten feet around antenna. Task 4 Clear weeds ten feet around hatch. Task 5 - Keep access road clear and keep weeds trimmed at each side of access road. Sites #4 - Elk Mountain Reservoir & Pump Station (See Attached Map) Work Schedule: Quarterly: October, January, March and June. Task 1 - Cut grass and weeds on top of reservoir. Task 2 - Trim around Hatches. Task 3 - Keep V-Ditches free and clear. Task 4 - Clear slopes from top of reservoir to V-ditches. Task 5 - Keep trees and weeds trinuned two feet back either side of walkway to pump station. Task 6 - Clean in and around Pump Station to include all Shrubs. Task 7 - Clean front of slope along Elk Mountain between Pump Stations and Reservoir. Task 8 - Weeds to be sprayed in March and June using Rodeo. Page 4 of 8 Site #5 - Fairmont Reservoir and Pump Station (See Attached Map) Work Schedule: Unless Noted: Quarterly: October, January, March and June. Task 1 - Cut grass and weeds on top of roof. Task 2 - Clear weeds from reservoir slopes. Task 3 - Cut weeds back two feet inside and outside of perimeter fence. Task 4 - Trim vegetation and weed planters around pump station apron. (Monthly) Task 5 - Weeds to be sprayed in March and June using Rodeo. Site #6 - Gardenia Reservoir (See Attached Map) Work Schedule: Quarterly: October, January, March and June. Task 1 - Clear brush back five feet either side of access road. Task 2 - Clear brush between access road and pad. Task 3 - Weeds to be sprayed in March and June using Rodeo. Site #7 - Hidden Hills Booster Pump Station (See Attached Map) Work Schedule: Quarterly: October, January, March and June. Task 1 Clear brush fifteen feet around building. Task 2 - Maintain irrigation and ground cover in and around under-drain by pump station. Site #8 - Lakeview Reservoir and Pump Station (See Attached Map) Work Schedule: Quarterly: October, January, March and June. Task 1- Cut grass and weeds on top of reservoir. Task 2 - Clear weeds from reservoir slopes. Task 3 - Keep slope clear at pump station. Task 4 - Weeds to be sprayed in March and June using Rodeo. Site #9 - Little Canyon Reservoir (See Attached Map) Work Schedule: Quarterly: October, January, March and June. Task 1 - Cur grass and weeds on top of reservoir. Task 2 - Clear brush to fifteen feet around under drain vault. Task 3 - Keep lower access road clear. Task 4 - Clear brush back two feet either side of access road. Task 5 - Clear slopes along access road. Task 6 - Clear slope between reservoir and vault. Task 7 - Weeds to be sprayed in March and June using Rodeo. Site #10 - Paso Fino Booster Pump Station (See Attached Map) Work Schedule: Quarterly: October, January, March and June. Task 1 - Maintain plants around building. Page 5 of 8 Site #11 - Quarter Horse Reservoir (See Attached Map) Work Schedule: Quarterly: October, January, March and June. Task 1 - Cut grass and weeds on top of reservoir. Task 2 Keep V-ditches clear and free running. Task 3 Clear weeds two feet back from hatches. Task 4 - Clear weeds from reservoir slopes. Task 5 - Clear weeds back two feet inside and outside of perimeter fence. Task 6 - Remove trees from inside perimeter fence. Task 7 - Remove non-native plants from inside perimeter fence. Task 8 - Weeds to be sprayed in March and June using Rodeo. Site #12 - Santiago Reservoir and Pump Station (See Attached Map) Work Schedule: Quarterly: October, January, March and June Task 1 - Cut grass and weeds on top of reservoir and lower area. Task 2 - Clear all slopes. Task 3 - Clear weeds back two feet inside and outside of perimeter fence. Task 4 - Weeds to be sprayed in March and June using Rodeo. Site #13 - Springview Reservoir and Pump Station (See Attached Map) Work Schedule: Quarterly: October, January, March and June. Task 1 Cut grass and weeds on top of reservoir. Task 2 - Keep V-ditches clear and free running. Task 3 - Clear weeds five feet back from hatches. Task 4 - Keep assigned slopes clear. Task 5 - Clear weeds back two feet inside and outside of perimeter fence. (North, East and West fence line) Task 6 - Clear weeds back two feet either side of access road. Task 7 - Weeds to be sprayed in March and June using Rodeo. Site #14 - Valley View Reservoir and Pump Station (See Attached Map) Work Schedule: Quarterly (Unless noted): October, January, March and June Task 1 Maintain and service sprinkler systems. (Weekly) Task 2 - Cut grass and weeds on top of reservoir and around pump station. (Weekly) Task 3 - Clear all slopes around reservoir and pump station following fence line. Task 4 - Keep all V-ditches clear and free. Task 5 Maintain and clear assigned Slopes. Task 6 - Weeds to be sprayed in March and June using Rodeo. Site #15 - Timber Ridge Booster Station Work Schedule: Quarterly: October, January, March and June. Task 1 Maintain plants around building. Page 6 of 8 Site #16 - Plumosa Office (See Attached Map) Work Schedule: Monthly Task 1 - Trim all bushes and clean out planter boxes. Task 2 - Clear out any weeds around Planter boxes and parking lot. Site #17 - Richfield Facility (See Attached Map) Description of Services: Task 1 - Irrigation system care: A. Every month, check all drip irrigation for leaks, clogs, sticking valves, while system is running. B. Every quarter, check and clean all drip filters. C. Every quarter or more often, reset controller schedule for seasonal conditions. As plants mature, adjust schedule for decreased water needs. D. Bubblers for trees in lawn areas may not be needed as trees grow Task 2 - Lawn care: A. Mow and edge weekly. B. Fertilize every 120 days. C. Control weeds weekly. Task 3 - Shrub and ground cover care: A. Fertilize every three months with balanced fertilizer until shrubs and ground covers fill in. B. Plants that die or lose more than 30% of their original leaves shall be replaced within 7 days. Replacement plants will be paid as an extra. C. Trim shrubs as needed. Do not shear shrubs/hedges. D. Trim ornamental grasses annually Task 4 - Tree care: A. Stances for trees shall be checked and removed when the tree is self-supporting. Adjust tree tics and stakes as needed for proper support B. Trees, which die or lose more than 30% of their original leaves, shall be replaced within 7 days. Notify owner as to cause of decline. Replacement of trees will be paid as an extra. C. Trimming of trees in all other areas shall be as needed to clear vehicles, shape, and thin the trees. No topping is allowed. Task 5 - Clean-up: A. All litter shall be removed weekly. B. The entire project site shall be maintained in a neat and presentable condition. Page 7 of 8 Task 6 - Weed Control: A. Contractor will remove weeds in the course of performing other tasks listed above as they area found. B. Areas of note are the Lawn area listed in drawings, planter and shrubs areas, and all areas that face streets. Attached Drawings will provide a detail of area to observe. Task 7 - Fertilizers, insecticides: A. Install "Grow-Power 7-gram Tablet" with 20% humus as manufactured by Gro- Power, Inc., Chino, CA 909-393-3744, or approved equal, annually for each tree. Use 6 tablets per tree spaced equally at the drip line and placed at least 12" below grade B. Fertilize shrub areas with balanced fertilizer. Do not fertilize Baccharis (Coyote Bush) or ornamental grasses. Contractor is responsible for detecting turf and plant diseases and pests as soon as their presence is manifested. Contractor shall take immediate action to identify the disease and/or pest and apply such remedies as are necessary to control the problem. Contractor shall remove all rodents, taking control measures immediately upon discovery. Task 8 - Hauling and disposal: A. All trimmings and debris shall be removed from the site and disposed of by the contractor. Additionally, contractor will furnish to the District a schedule for the year the dates that the contractor will perform all work as listed in this revised scope of work. If the contractor wishes to adjust schedule they must do so in writing and by calling the district to inform them of new dates and times. Page 8 of 8 Still Growing Iaiw !scape -,OgSm.n:t!an andscapc Maintenance kandscilpc; arrtIikcdUre May 26, 2010 Yorba Linda Water District Attn: Harold Hulbert 913 South Richfield Road Placentia, CA 92870 RE: Contract Extension & Added Scope of Work (Contract #OI'S-100909-01) Dear Hai-old, Marina Landscape, Inc. would like to take this opportunity to thank you for your continued consideration to :service your locations. Marina Landscape, Iric. desires to renew the above referenced agreement contract with the Yorba Linda Water District. Our prices will not increase for the upcoming year however, the Yorba Linda Water District has added new areas and responsibilities to our scope of work. Please find below the price changes per your revised scope of work dated May 2010. Existing. AMOUnt: $5.545.57 quarterly $841.47 monthly Added scope of wort: $2,468 quarterly New Contract Amount: $8,013.57 quarterly $841.47 monthly If You have any questions, please do not hesitate to contact me. Thank you very march. Sincerely, Marcus Nishihara BLisiness Development Dir: (714) 704-0492 Fax:(714)704-0451 MARINA LANDSCAPE, INC. 7333 Clybourn Avenue ° Sun Valley, CA 91352 1 818,891.0398 818.837.2091 marinaco.com ° License #492862,A, B, C27, C36 ITEM NO. 7.8 AGENDA REPORT Meeting Date: June 10, 2010 Budgeted: Yes Total Budget: $75,000 To: Board of Directors Cost Estimate: $71,920 Funding Source: All Water Funds From: Ken Vecchiarelli, General Account No: 1-5020-0600-35 Manager Presented By: Lee Cory, Operations Manager Dept: Operations Reviewed by Legal: N/A Prepared By: Harold Hulbert, Operations CEQA Compliance: N/A Assistant Subject: Renewal of Janitorial Contract with Merchants Building Maintenance SUMMARY: The District currently has a contract agreement with Merchants Building Maintenance (MBM), for janitorial services of District owned buildings at the Mira Loma and Richfield sites. The agreement has an option to renew if both parties agree. MBM, who's current contract duties began in August 2009, has submitted a request to renew the agreement with no price increase for the 2010/2011 fiscal year. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to enter into the renewal option for a Janitorial Service Contract with Merchants Buildings Maintenance. The new term of the contract will be 12 months with service starting on July 1, 2010 and ending on June 30, 2011, with a total estimated contract cost of $71,920. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item on June 2, 2010 and supports staff's recommendation. DISCUSSION: The Districts maintenance and supplier agreements have in place options for renewing the contract without the District having to seek new proposals. Each agreement can be renewed up to 3 times extending the total contract to four (4) years. The renewal option allows for the vendor to request the District to extend the contract with either no price increase or with a price increase that is tied to the Orange County Consumer Prince Index. The Districts current contract with MBM ends on June 30, 2010. MBM has provided a letter stating they wish to renew the contract for another year with no price increase. The current contract price is $5,993.13 per month, with the district having paid $53, 9328.17 by the end of this first term of the contract. As MBM is not increasing their price the monthly cost will remain the same; For fiscal year 2010/2011 the cost of this contract will be approximately $71,920. ATTACHMENTS: Name: Description: Type: Renewal Letter - Merchants.pdf Renewal Letter Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/10/2010 JS/RC 3-0 Directors Hawkins and Mills were absent. C ..r - merchants building maintenance, Ll_C Mr_ I laroId I7_ Ilulbcrt Yorba Linda Water District 913 S. Richfield Road PlacGl-itia. CA 92-8211 Re: Janitorial Sen'WQ Contract Bear Mr. 1Hulhert_ It ild tome to our atteI3t1oI1 tllat C)tl9' Ja111t4iI"I II seI" 'Ice comract 111th the. Yorb,t IJiida Water D'strict 11ill he expiring, on June 1. =''Lill}. Nierchatits Buil~ il7? vIainteilance tVoUld like tltie S orli,I l_in~l•;I Water District to rerlew otlr fa11itoriat sere ice contract for a Veal% Should you have al~v grlcstiolls or require ILlrthcr Illformailoil please fed free to gi`e nie a call at 1714 } 97 '-Q-27 2_ 1-a\ t 7 14 1 1)7)---' 1 24. Sincerely, Ueorawe Roth-iL°Liez 13r~~Iicll 11aI~~~~!er Merchants Buildim, Maintenance 1630 I. Ldin~-ktr A\enuk2 '~Uik: C :Sama Ati<i. CA 9270 ? 1-1 973-92" Fa.\ 7 I-1 97-,-' 11-1 ITEM NO. 7.9 AGENDA REPORT Meeting Date: June 10, 2010 Budgeted: Yes Total Budget: $45,000 To: Board of Directors Cost Estimate: $32,250 Funding Source: Water Operating Fund From: Ken Vecchiarelli, General Account No: 1-4020-0780-00 Manager Presented By: Ken Vecchiarelli, General Dept: Engineering Manager Reviewed by Legal: Pending Prepared By: Cindy Botts, Management CEQA Compliance: N/A Analyst Subject: Agreement for Sharing Consultant Costs for 2010 Urban Water Management Plan (UWMP) SUMMARY: The California Water Code section 10621 requires water providing agencies serving more than 3,000 customers to prepare, adopt and update every five years, an Urban Water Management Plan (UWMP). The District hired a consultant to update this plan in 2005. Since many of the components of the UWMP are similar throughout the local water agencies, and since the long term supply considerations rely on the Metropolitan Water District of Southern California's UWMP, the Municipal Water District of Orange County (MWDOC) has proposed sharing consultant costs for the preparation of individual agency 2010 UWMP's. STAFF RECOMMENDATION: That the Board of Directors execute the Agreement with the Municipal Water District of Orange County (MWDOC) for Sharing Consultant Costs for the 2010 Urban Water Management Plans. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting held June 2, 2010 and supports staff's recommendation. DISCUSSION: MWDOC has agreed to coordinate the process of consultant cost-sharing for preparation of the 2010 Urban Water Management Plan (UWMP). Twenty four agencies have expressed interest in working collectively and utilizing a common consultant to prepare these plans. MWDOC has taken the lead role in coordinating these efforts, including administration of the Request For Proposal (RFP) process. The RFP was sent out to a number of competent firms, with two submitting proposals. The proposals were reviewed by a working group of the participating agencies, who recommended selection of Malcolm Pirnie as the consultant best able to prepare 2010 UWMP for all of the participating agencies. MWDOC has prepared the attached cost-sharing agreement for the agencies interested in working cooperatively with MWDOC and Malcolm Pirnie for the 2010 UWMP preparation. Upon execution of the agreement, each agency shall deliver the full amount of their specific portion of the cost to MWDOC, who will, in turn, make progress payments to the consultant for any work performed and will also hold back 10% of the cost paid by each agency until such time as the agency is fully satisfied with the work prepared by the consultant. Each agency will be notified prior to any additional work completed in the preparation of the UWMP that is above and beyond costs already identified. YLWD's portion of the cost-sharing agreement is $32,226, which includes printing costs, attendance at up to 3 YLWD Board meetings and additional work in the Water Demand Management Measures section as YLWD is not currently a California Urban Water Conservation Council (CUWCC) reporting agency. PRIOR RELEVANT BOARD ACTION(S): UWMPs were adopted in 1990, 1995, 2000, and 2005. Prior to the 2005 update, all work was completed in-house by staff. Complexities in the scope of the requirements have increased with each update, requiring consultant assistance. ATTACHMENTS: Narne: Description: Type: Multi Agency Cost _Sharing _LIWMP.pdf 2010 UWMP Agreement Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/10/2010 JS/RC 3-0 Directors Hawkins and Mills were absent. Cost Sharing Agreement for 2010 UWMP - Final 5-28-10 AGREEMENT FOR SHARING CONSULTANT COSTS FOR 2010 URBAN WATER MANAGEMENT PLANS THIS AGREEMENT is made and entered into as of 2010, by and between: 1. MWDOC 2. City of Anaheim 3. City of Buena Park 4. City of Fullerton 5. City of Garden Grove 6. City of La Palma 7. City of Orange 8. Serrano Water District 9. City of Seal Beach 10. City of Tustin 11. Yorba Linda Water District 12. East Orange County Water District 13. City of Fountain Valley 14. City of Newport Beach 15. City of Santa Ana 16. Mesa Consolidated Water District 17. City of San Clemente 18. El Toro Water District 19. South Coast Water District 20. Moulton Niguel Water District 21. City of San Juan Capistrano 22. Santa Margarita Water District 23. City of Brea 24. City of La Habra 25. Laguna Beach County Water District (collectively "Participating Agencies" and individually "Participating Agency") and the Municipal Water District of Orange County ("MWDOC"). The Participating Agencies and MWDOC are also collectively referred to as "Parties." RECITALS WHEREAS, under California Water Code section 10621, subdivision (a), the Participating Agencies are required to update their respective Urban Water Management Plan ("UWMP") at least once every five years, on or before December 31 in years ending in five and zero; and WHEREAS, this year water agencies have an additional 6 months, or until July 1, 2011, to update their respective UWMP; and WHEREAS, each Participating Agency intends to prepare a separate 2010 UWMP for submission by July 1, 2011; and 1 Cost Sharing Agreement for 2010 UWMP - Final 5-28-10 WHEREAS, the Participating Agencies share many water supply characteristics, including water sources, regional water management agencies, location, climate history, and demographics; and WHEREAS, pursuant to California Water Code section 10620, subdivision (d)(2), the Participating Agencies wish to coordinate the preparation of their 2010 UWMPs in the interest of reducing preparation costs; and WHEREAS, the Participating Agencies and MWDOC desire to cooperate with each other to obtain economies of scale and thereby reduce preparation costs for each of the Participating Agencies; and WHEREAS, MWDOC and the Participating Agencies have jointly prepared and agreed to a Scope of Work that was incorporated into a Request for Proposals that was sent to a number of competent Consulting Firms, two of which submitted proposals which were reviewed by a working group of the Participating Agencies who recommended selection of Malcolm Pirnie as the successful consultant to prepare Urban Water Management Plans for the Participating Agencies, and WHEREAS, MWDOC and its staff are willing to coordinate this process, including the issuance of a Request for Proposal as described above, the review of proposals received, the selection of a consultant, the preparation and administration of a professional services agreement with the selected consultant; and the administration of the cost sharing provisions of this Agreement; NOW, THEREFORE, in consideration of the payment of money as set forth below and the mutual promises of the Parties hereto, it is agreed: 1. Engagement of Consultant and Administration of Consultant Agreement MWDOC shall award a professional services agreement for the work identified in the Request for Proposals to Malcolm Pirnie ("Consultant Agreement"). MWDOC shall use its standard professional services agreement form for the Consultant Agreement and require appropriate types and limits of insurance coverage. Each CGL policy shall identify MWDOC, the Participating Agencies, and their directors, officers, agents, employees, attorneys, consultants and volunteers as additional insureds, or be endorsed to identify these parties as additional insureds using a form acceptable to MWDOC. Coverage for additional insureds shall not be limited to vicarious liability. The Consultant Agreement will require the consultant's insurer(s) to waive all rights of subrogation against MWDOC, the Participating Agencies, and their directors, officers, agents, employees, attorneys, consultants and volunteers. The Consultant Agreement will require consultant to ensure that its subconsultants, if any, provide similar insurance coverage. 2 Cost Sharing Agreement for 2010 UWMP - Final 5-28-10 1.2 MWDOC shall coordinate all aspects of the proposed work with the selected contractor and communicate with each Participating Agency, regularly and upon request of the Participating Agency, regarding the status and substance of its 2010 UWMP; 1.3 MWDOC shall make payments to the Consultant for progress payments as work proceeds. MWDOC shall withhold 10% of each progress payment in a retention fund until such time as every Participating Agency has notified MWDOC that it is satisfied with the final UWMP prepared for it by Consultant. 1.4 Each Participating Agency shall provide all documents, information and assistance requested by the selected contractor during the performance of the Consultant Agreement. 2. Cost Sharing by Participating Agencies. 2.1 MWDOC shall: 2.1.1 Collect from each Participating Agency upon execution of this Agreement the full amount of the portion of the total cost allocated to that Participating Agency in the selected contractor's proposal, as attached in Exhibit A; 2.1.2 Inform each Participating Agency of any proposed extra work under the Consultant Agreement that relates to preparation of that Participating Agency's 2010 UWMP and that would result in an increase in that Participating Agency's payment under this Agreement. MWDOC and the affected Participating Agency must both approve such extra work before MWDOC will notify Consultant to proceed on the work. 2.1.3 Be responsible for making progress payments directly to consultant from funds paid to MWDOC by Participating Agencies (see section 1.3). 2.1.4 Prepare a final accounting and distribute any remaining funds collected from the Participating Agencies back to the Participating Agencies or make a final billing payment to Participating Agencies where there are funds due. 2.2 Each Participating Agency shall: 2.2.1 Pay to MWDOC upon execution of this Agreement the full amount of the portion of the total cost allocated to that Participating Agency in the selected contractor's proposal, as attached in Attachment A; 3 Cost Sharing Agreement for 2010 UWMP - Final 5-28-10 2.2.2 Pay to MWDOC, upon approval of any extra work under the Consultant Agreement that relates to preparation of its 2010 UWMP, the full amount owed for the approved work. Each Participating Agency shall bear all costs associated with extra work it approves. 3. Accounting Upon request of any Participating Agency, MWDOC will provide copies of the selected consultant's payments requests invoices and MWDOC's payment records. 4. Independent Contractor Any consultant engaged by MWDOC on behalf of the Participating Agencies as contemplated in this Agreement will not be a party to this Agreement and will not be an employee or agent of MWDOC or any of the Participating Agencies, either as a result of this Agreement or as a result of a professional services agreement between MWDOC and the consultant. Any consultant engaged as contemplated in this Agreement will be an independent contractor to MWDOC. 5. Warranty and Indemnification MWDOC shall use its best efforts in administering the Consultant Agreement, but makes no representations, guarantees or warranties to the Participating Agencies as to the quality or timeliness of work product provided by the selected contractor pursuant to the Consultant Agreement. The Participating Agencies, and each of them, shall indemnify MWDOC, its directors, officers, employees and agents against, and will hold and save them harmless from, any and all actions, claims, penalties, obligations or liabilities, in law or in equity, of every kind or nature whatsoever, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in any manner directly or indirectly connected with the 2010 UWMPs prepared pursuant to the Consultant Agreement. As between the Participating Agencies, any costs associated with the indemnity and defense obligations set forth in the previous two sentences shall be the financial responsibility of each Participating Agency based on the same pro rata basis as the allocation of costs set forth in Section 2.1.1 herein and Exhibit A hereto. In the event MWDOC, its directors, officers, employees and agents are made a party to any action or proceeding filed in connection with a challenge to any 2010 UWMP prepared pursuant to the Consultant Agreement, the Participating Agency whose 2010 UWMP is challenged shall provide a complete defense to MWDOC, its directors, officers, employees and agents and shall reimburse MWDOC for all costs and expenses incurred as a result of the action or proceeding, including reasonable attorney's fees. 4 Cost Sharing Agreement for 2010 UWMP - Final 5-28-10 6. Notice Any notice or communication required to be given under this Agreement shall be in writing and effective when deposited, first class postage prepaid, with the United States Postal Service addressed to the contracting Parties as follows: Notices to Parties If to: 1. MWDOC Kevin P. Hunt, General Manager Municipal Water District of Orange County 18700 Ward St. P.O. Box 20895 Fountain Valley, CA 92728 2. City of Anaheim Thomas Wood, City Manager City of Anaheim City Hall East, 200 S. Anaheim Blvd. Anaheim, CA 92805 3. City of Buena Park Rick Warsinski, City Manager City of Buena Park 6650 Beach Blvd. Buena Park, CA 90622 4. City of Fullerton Chris Meyer, City Manager City of Fullerton 303 W. Commonwealth Avenue Fullerton, CA 92832-1775 5. City of Garden Grove Matthew Fertal, City Manager City of Garden Grove P.O. Box 3070 Garden Grove, CA 92842 6. City of La Palma Dominic Lazzaretto, City Manager City of La Palma 7822 Walker Street La Palma, CA 90623 7. City of Orange John Sibley, City Manager City of Orange P.O. Box 449 Orange, CA 92866 5 Cost Sharing Agreement for 2010 UWMP - Final 5-28-10 8. Serrano Water District David Noyes, General Manager Serrano Water District 18021 Lincoln Street Villa Park, CA 92861-6446 9. City of Seal Beach David Carmany, City Manager City of Seal Beach 211 8th Street Seal Beach, CA 90740 10. City of Tustin William Huston, City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 11. Yorba Linda Water District Ken Vecchiarelli, General Manager Yorba Linda Water District 1717 E. Miraloma Placentia, CA 92870 12. East Orange County Water Lisa Ohlund, General Manager District East Orange County Water District 185 N. McPherson Rd. Orange, CA 92869 13. City of Fountain Valley Ray Kromer, City Manager City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 14. City of Newport Beach Dave Kiff, City Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663 15. City of Santa Ana David Ream, City Manager City of Santa Ana P.O. Box 1988, M-24 Santa Ana, CA 92702 16. Mesa Consolidated Water Paul Shoenberger, General Manager District Mesa Consolidated Water District 1965 Placentia Avenue Costa Mesa, CA 92627-3420 17. City of San Clemente George Scarborough, City Manager City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 6 Cost Sharing Agreement for 2010 UWMP - Final 5-28-10 18. El Toro Water District Robert Hill, General Manager El Toro Water District P.O. Box 4000 Laguna Hills, CA 92654 19. South Coast Water District Michael Dunbar, General Manager South Coast Water District 31592 West Street Laguna Beach, CA 92651 20. Moulton Niguel Water Robert Gumerman, General Manager District Moulton Niguel Water District 27500 La Paz Road P.O. Box 30203 Laguna Niguel, CA 92607-0203 21. City of San Juan Capistrano Joe Tait, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 22. Santa Margarita Water John J. Schatz, General Manager & General District Counsel Santa Margarita Water District P.O. Box 7005 Mission Viejo, CA 92690 23. City of Brea Tom O'Donnell, City Manager City of Brea 1 Civic Center Circle Brea, CA 92821 24. City of La Habra Don Hannah, City Manager City of La Habra P.O. Box 337 La Habra, CA 90633-0337 25. Laguna Beach County Renae Hinchey, General Manager Water District Laguna Beach County Water District P.O. Box 987 Laguna Beach, CA 92652 7. Jurisdiction and Venue In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be 7 Cost Sharing Agreement for 2010 UWMP - Final 5-28-10 applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California. 8. Joint Drafting All parties have participated in the drafting of this Agreement. The Agreement may be signed in counterpart to facilitate processing. 9. Severability If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby. 10. Entire Agreement This Agreement contains the entire agreement of the Parties relating to the subject matter hereof; and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from both parties. IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of This Agreement. 8 Cost Sharing Agreement for 2010 UWMP - Final 5-28-10 Execution of Agreement by Parties 1. MWDOC Date By: Kevin P. Hunt, General Manager Municipal Water District of Orange County Approved as to Form: Date By: Daniel J. Payne General Counsel 2. City of Anaheim Date By: Thomas Wood, City Manager City of Anaheim Approved as to Form: Date By: City Attorney 3. City of Buena Park Date By: Rick Warsinski, City Manager City of Buena Park Approved as to Form: Date By: City Attorney 9 Cost Sharing Agreement for 2010 UWMP 4. City of Fullerton Date By: Chris Meyer, City Manager City of Fullerton Approved as to Form: Date By: City Attorney 5. City of Garden Grove Date By: Matthew Fertal, City Manager City of Garden Grove Approved as to Form: Date By: City Attorney 6. City of La Palma Date By: Dominic Lazzaretto, City Manager City of La Palma Approved as to Form: Date By: City Attorney 10 Cost Sharing Agreement for 2010 UWMP 7. City of Orange Date By: John Sibley, City Manager City of Orange Approved as to Form: Date By: Dave DeBerry City Attorney 8. Serrano Water District Date By: David Noyes, General Manager Serrano Water District Approved as to Form: Date By: General Counsel Joel Kuperberg 9. City of Seal Beach Date By: David Carmany, City Manager City of Seal Beach Approved as to Form: Date By: City Attorney 11 Cost Sharing Agreement for 2010 UWMP 10. City of Tustin Date By: William Huston, City Manager City of Tustin Approved as to Form: Date By: City Attorney 11. Yorba Linda Water District Date By: Ken Vecchiarelli, General Manager Yorba Linda Water District Approved as to Form: Date By: General Counsel Arthur Kidman 12. East Orange County Water Date District By: Lisa Ohlund, General Manager East Orange County Water District Approved as to Form: Date By: General Counsel Joan Arneson 12 Cost Sharing Agreement for 2010 UWMP 13. City of Fountain Valley Date By: Ray Kromer, City Manager City of Fountain Valley Approved as to Form: Date By: City Attorney 14. City of Newport Beach Date By: Dave Kiff, City Manager City of Newport Beach Approved as to Form: Date By: City Attorney 15. City of Santa Ana Date By: David Ream, City Manager City of Santa Ana Approved as to Form: Date By: City Attorney 13 Cost Sharing Agreement for 2010 UWMP 16. Mesa Consolidated Date Water District By: Paul Shoenberger, General Manager Mesa Consolidated Water District Approved as to Form: Date By: Robert Anslow General Counsel 17. City of San Clemente Date By: George Scarborough, City Manager City of San Clemente Approved as to Form: Date By: City Attorney 18. El Toro Water District Date By: Robert Hill, General Manager El Toro Water District Approved as to Form: Date By: Gil Granito General Counsel 14 Cost Sharing Agreement for 2010 UWMP 19. South Coast Water District Date By: Michael Dunbar, General Manager South Coast Water District Approved as to Form: Date By: Betty Burnett General Counsel 20. Moulton Niguel Water District Date By: Robert Gumerman, General Manager Moulton Niguel Water District Approved as to Form: Date By: Patricia B. Giannone General Counsel 21. City of San Juan Capistrano Date By: Joe Tait, City Manager City of San Juan Capistrano Approved as to Form: Date By: City Attorney 15 Cost Sharing Agreement for 2010 UWMP 22. Santa Margarita Water District Date By: John J. Schatz, General Manager & General Counsel Santa Margarita Water District 23. City of Brea Date By: Tom O'Donnell, City Manager City of Brea Approved as to Form: Date By: City Attorney 24. City of La Habra Date By: Don Hannah, City Manager City of La Habra Approved as to Form: Date By: City Attorney 16 Cost Sharing Agreement for 2010 UWMP 25. Laguna Beach County Water Date District By: Renae Hinchey, General Manager Laguna Beach County Water District Approved as to Form: Date By: Paula Meyer General Counsel 17 Cost Sharing Agreement for 2010 UWMP - Final 5-28-10 ATTACHMENT A For Development of Urban Water Management Plans for 2010 Itemized Time and Materials Cost Allowance (Contingency Items) Total , ae ~e ♦o°Q y~~ae °♦a a 5e4♦` a~a♦°~ ♦ a~~a ~.°oa ~.rj ..°a♦ yew o~ ♦e♦ a°♦ aye ♦°a♦ e~~ rep ♦e~ aaa` °e.Q °°°cc~~•Q Q~eQFa~ QN°~ <a a~ ~`o~ aG° e~cc °t a• a ~o pe ~o °c~` ~o tp as ~e a~ o\Q a ~♦y 0 °t`> ~e °V ~e ,.G ~e met`♦~e a~P~~°^oo o°e o°Q a♦G a~♦ ~ e~ a♦4 ~eQ a♦♦~ `'r a♦♦~ o`a a♦♦~ 0 oe e~` ~ °e~°~ ewe''°~ ~e~toey oaaa°'e~:~`°'♦0,~1 Budget Groupings of Agencies Base Cost Q~~~~`~~o paa ~o♦~ at~a QaaGJ~ ~0° Qaa.`~.QQ♦a° Paa4~a y°a 1. • • MWDOC $25,207 $ 900 $2,724 $0 $1,908 $3,172 $1,032 $3,000 $37,943 • • e, r.TrrTs m,. "KIMITMW 2. City of Anaheim not art of MWDOC $16,486 $ 900 $2,724 $0 $1,908 $3,172 $1,032 $3,000 $29,222 3. City of Buena Park $16,486 $ 900 $2,724 $3,004 $1,908 $3,172 $1,032 $3,000 $32,226 4. Cit of Fullerton not a art of MWDOC $16,486 $ 900 $2,724 $0 $1,908 $3,172 $1,032 $3,000 $29,222 5. Cit of Garden Grove $16,486 $ 900 $2,724 $0 $1,908 $3,172 $1,032 $3,000 $29,222 6. Cit of La Palma $16,486 $ 900 $2,724 $3,004 $1,908 $3,172 $1,032 $3,000 $32,226 7. Cit of Orange $16,486 $ 900 $2,724 $0 $1,908 $3,172 $1,032 $3,000 $29,222 8. Serrano Water District $16,486 $ 900 $2,724 $3,004 $1,908 $3,172 $1,032 $3,000 $32,226 9. City of Seal Beach $16,486 $ 900 $2,724 $0 $1,908 $3,172 $1,032 $3,000 $29,222 10. City of Tustin $16,486 $ 900 $2,724 $0 $1,908 $3,172 $1,032 $3,000 $29,222 11. Yorba Linda Water District $16,486 $ 900 $2,724 $3,004 $1,908 $3,172 $1,032 $3,000 $32,226 12. East Oran e Count Water District- $19,986 $ 900 $2,724 $3,004 $1,908 $3,172 $1,032 $3,000 $35,726 13. City of Fountain Valle $17,095 $ 900 $2,724 $0 $1,908 $3,172 $1,032 $3,000 $29,831 14. City of Newport Beach $17,095 $ 900 $2,724 $0 $1,908 $3,172 $1,032 $3,000 $29,831 15. Cit of Santa Ana not a art of MWDOC $17,095 $0 $0 $0 $1,908 $3,172 $1,032 $0 $23,207 16. Mesa Consolidated Water District $17,095 $ 900 $2,724 $0 $1,908 $3,172 $1,032 $3,000 $29,831 17. City of San Clemente $16,850 $ 900 $2,724 $0 $1,908 $3,172 $1,032 $3,000 $29,586 18. El Toro Water District $16,850 $ 900 $2,724 $0 $1,908 $3,172 $1,032 $3,000 $29,586 19. South Coast Water District $16,850 $ 900 $2,724 $0 $1,908 $3,172 $1,032 $3,000 $29,586 20. Moulton Niguel Water District $16,850 $ 900 $2,724 $0 $1,908 $3,172 $1,032 $0 $26,586 21. City of San Juan Capistrano $16,850 $ 900 $2,724 $0 $0 $0 $1,032 $3,000 $24,506 22. Santa Mar arita Water District $16,850 $ 900 $2,724 $3,004 $1,908 $3,172 $1,032 $3,000 $32,590 • • 23. Cit of Brea $17,177 $ 900 $2,724 $3,004 $1,908 $3,172 $1,032 $3,000 $32,917 24. CA of La Habra $17,177 $ 900 $2,724 $3,004 $1,908 $3,172 $1,032 $3,000 $32,917 25. La una Beach Count Water District $16,241 $ 900 $2,724 $3,004 $1,908 $3,172 $1,032 $3,000 $31,981 East Orange County Water District's Based Cost is $3,500 more due to the fact that the UWMP will include both its wholesale and retail zone. 18 ITEM NO. 7.10 AGENDA REPORT Meeting Date: June 10, 2010 Budgeted: N/A To: Finance-Accounting Committee Funding Source: N/A From: Ken Vecchiarelli, General Manager Presented By: Stephen Parker, Finance Dept: Finance Director Prepared By: Stephen Parker, Finance CEQA Compliance: N/A Director Subject: March Budget to Actual Results SUMMARY: The Budget Authority Guidelines adopted with the annual budget call for financial statements to be presented to the Finance-Accounting Committee monthly, and presented to the Board quarterly. STAFF RECOMMENDATION: That the Board of Directors receive and file the March 2010 budget to actual results. COMMITTEE RECOMMENDATION: The Finance-Accounting Committee discussed this item at its meeting held May 17, 2010 and supports staff recommendation. DISCUSSION: Attached are the budget to actual results for the Water Fund, Sewer Fund and a summary of both funds. Overall, the District is falling short on revenues and focusing strongly on balancing this factor with tightening expenses. Major items to note are: . Operating revenues are lagging as a percentage from prior year at 68% of budgeted revenue, compared to the prior year figure of 78% at this same time. The largest contributor of this lag is due to additional conservation efforts, and unless those efforts backtrack, we will end the year below our budget revenues. Nonetheless, revenues as a total figure are higher in the current fiscal year with $15.1 M, which is approximately 1.5M higher than at this time last year. . Variable expenses are 61 % of budgeted expenses, whereas in the prior year, variable costs at this time totaled 76%. This is due to lower water purchases based on customer conservation and on a strategy implemented by staff to purchase higher percentages of import water in the months of July and August, prior to the MWD rate increase implemented September 1, 2009. Unless a change in the conservation effort occurs, we will end the year below budget on variable expenses. In fact, due to lower water purchases, associated lower energy costs and strategic optimization of import water purchases, variable expenses are almost $420,000 lower than at this point last year despite the substantial 19% MWD increase on September 1. . Depreciation expense is 15% higher than the prior year due to fixed asset projects that have been closed and have begun depreciation in the current year. . The remaining expenses and revenues are approximately in proportion to prior years and are generally on target with budgeted projections. ATTACHMENTS: Name: Descriptio a: o ype: Water Sewer Mar 2010.xls Water & Sewer YTD March 2010 Backup Material Water March 2010.xls Water YTD March 2010 Backup Material Sewer March 2010 R.xls Sewer YTD March 2010 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/10/2010 JS/RC 3-0 Directors Hawkins and Mills were absent. Yorba Linda Water District Summary Financial Report Water & Sewer Funds For the Nine Months Ended March 31, 2010 Annual % of Budget Actual Annual Budget FY 09/10 YTD through Amended Amended 10/21/09 March 31, 2010 10/21/09 Revenue (Operating): Water Revenue (Consumption & Flat Charge) $23,027,872 $15,386,369 66.82% (Restricted for Debt Service) - (1,779,819) Sewer Revenue 1,276,000 889,129 69.68% Other 648,892 585,416 90.22% Total Operating Revenue: 24,952,764 15,081,095 67.57% Expenses (Operating): Variable Water Costs (G.W., Import & Power) 12,259,937 7,490,744 61.10% Salary Related Expenses 7,355,049 4,576,092 66.65% Supplies & Services 4,479,584 2,589,329 57.80% Depreciation & Amortization 4,540,800 3,451,063 76.00% Total Operating Expenses: 28,635,370 18,107,228 63.23% Operating Income (Loss) (3,68Z 606) (3,026,133) 82.17% Revenue (Non-Operating): Interest 7,500 54,675 729.00% Interest (Restricted for Capital Projects) - 76,224 Property Taxes 1,200,000 732,739 61.06% Debt Service Income (through water revenue) - 1,779,819 Other 185,500 346,285 186.68% Total Non-Operating Revenue: 1,393,000 2,989,743 214.63% Expenses (Non-Operating): Interest on Long Term Debt (1,981,300) (1,462,262) 73.80% Other Expense (201,800) (127,597) 63.23% Total Non-Operating Expenses: (2,183,100) (1, 589, 859) 72.83% Non-Operating Income (Loss) (790,100) 1,399,886 Net Income (Loss) (4,472,706) (1,626,247) 36.36% Capital - Direct Labor - 326,109 Contributed Capital 265,202 291,405 109.88% Yorba Linda Water District Water Fund For the Nine Months Ended March 31, 2010 FY 2010 % of Annual March Actual Annual Budget 2010 YTD Budget Revenue (Operating): Water Revenue (Residential) $17,692,953 $833,523 $11,893,871 67.22% (Restricted for Debt Service) - (83,373) (1,779,819) Water Revenue (Commercial & Fire Det.) 1,680,500 96,347 1,223,861 72.83°k Water Revenue (Landscape/Irrigation) 3,654,419 44,032 2,268,637 62.08°k Other Operating Revenue 643,792 30,307 515,558 80.080k Total Operating Revenue: 23,671,664 920,836 14,122,108 67.18% Expenses (Operating): Variable Water Costs (G.W., Import & Power) 12,259,937 578,874 7,490,744 61.10% Salary Related Expenses 6,538,008 449,380 4,032,938 6531% Supplies & Services: Communications 268,694 12,828 223,193 83.07% Contractual Services 964,090 35,566 664,353 6891% Data Processing 116,148 4,046 65,006 55.97% Dues & Memberships 30,068 (685) 26,081 86.74% Fees & Permits 50,160 1,333 38,360 76.48% Insurance 342,433 (10,679) 184,318 53.83% Materials 427,424 41,124 353,846 82.79% District Activities, Emp Recognition 13,832 22 1,971 14.25% Maintenance 384,362 17,578 100,650 26.19% Non-Capital Equipment 139,910 2,510 55,788 39.87% Office Expense 66,775 5,253 23,442 35.11 % Professional Services 760,575 29,132 273,375 35.94% Training 61,518 1,779 24,656 40.08% Travel & Conferences 48,892 124 8,912 18.23% Uncollectible Accounts 47,320 418 0.88% Collection Agency Fee 3,185 - 0.00% Utilities 27,027 6,221 84,365 312.15% Vehicle Equipment 279,683 12,747 198,529 70.98% Supplies & Services Sub-Total 4,032,096 158,899 2,327,265 57.72% Depreciation & Amortization 3,945,750 335,210 3,022,643 76.61% Total Operating Expenses 26,775,791 1,522,363 16,873,590 63.02% Operating Income (Loss) (3,104,127) (601,527) (2,751,482) 88.64% Revenue (Non-Operating): Interest 500 6,542 44,231 8846.20% Interest (Restricted for Capital Projects) - 7,996 74,764 Property Taxes 1,092,000 60,751 732,739 67.10% Debt Service Income (through water revenue) - 83,373 1,779,819 Other Non-Operating Revenue 172,900 25,721 348,811, 201.74% Total Non-Operating Revenue: 1,265,400 184,383 2,980,365 235.53% Expenses (Non-Operating): Interest on Long Term Debt (1,981,300) (161,612) (1,462,262) 73.80% Job Closing Expense (40,000) 0.00% Other Expense (154,500) (6,551) (125,321) 81.11%1 Total Non-Operating Expenses: (2,175,800) (168,163) (1,587,581) 72.97°k Non-Operating Income (Loss) (910,400) 16,220 1,392,784 Total Income (Loss) $ (4,014,527) $ (585,307) $ (1,358,698) 33.84% Capital - Direct Labor $ $ 18,970 $ 237,348 Contributed Capital $ 190,962 $ 13,391 $ 207,511 108.67% Yorba Linda Water District Sewer Fund For the Nine Months Ended March 31, 2010 FY 2010 % of Annual March Actual Annual Budget FY 2010 YTD Budget Revenue (Operating): Sewer Charge Revenue $1,160,000 $102,173 $889,129 76.65% Locke Ranch Assessments 116,000 6,453 67,383 58.09% Other Operating Revenue 5,100 261 2,475 48.53% Total Operating Revenue: 1,281,100 108,887 958,987 74.86% Expenses (Operating): Salary Related Expenses 817,041 61,889 543,154 68.20% Supplies & Services: Communications 26,654 1,269 22,284 83.60% Contractual Services 137,255 23,381 112,764 82.16% Data Processing 11,487 400 6,429 55.97% Dues & Memberships 3,360 (68) 2,703 80.45% Fees & Permits 6,040 17 3,536 58.54% Insurance 33,867 (1,056) 18,229 53.83% Materials 21,301 345 10,635 49.93% District Activities 1,368 2 195 14.25% Maintenance 29,789 1,736 8,190 27.49% Non-Capital Equipment 18,631 1,125 8,036 43.13% Office Expense 9,550 519 2,091 21.90% Professional Services 77,925 2,881 27,156 34.85% Training 8,632 392 3,028 35.08% Travel& Conferences 6,893 12 895 12.98% Uncollectible Accounts 4,680 - - 0.00% Collection Agency Fee 315 - - 0.00% Utilities 2,673 615 8,344 312.16% Vehicle Equipment 47,068 4,734 27,551 58.53% Supplies & Services Sub-Total 447,488 36,304 262,064 58.56% Depreciation & Amortization 595,050 47,601 428,420 72.00% Total Operating Expenses 1,859,579 145,794 1,233,638 66.34% Operating Income (Loss) (578,479) (36,907) (274,651) 47.48% Revenue (Non-Operating): Interest 7,000, 1,655 10,444 149.20% Interest (Restricted for Capital Projects) 202 1,460 Property Taxes 108,000 - - 0.00% Other Non-Operating Revenue 12,600 (1,377) (2,526) -20.05% Total Non-Operating Revenue: 127,600 480 9,378 7.35% Expenses (Non-Operating): Job Closing Expense (5,000) - - 0.00% Other Expense (2,300) (281) (2,276) 98.96% Total Non-Operating Expenses: (7,300) (281) (2,276) 31.18% Non-Operating Income (Loss) 120,300 199 7,102 5.90% Total Income (Loss) $ (458,179) $ (36,708) $ (267,549) Capital - Direct Labor $ - $898 $14,075 Contributed Capital $74,240 $30,977 $83,894 113.00% ITEM NO. 7.11 AGENDA REPORT Meeting Date: June 10, 2010 Budgeted: N/A To: Board of Directors Funding Source: N/A From: Ken Vecchiarelli, General Manager Presented By: Gina Knight, Human Resources Manager Reviewed by Legal: No Prepared By: Amelia Cloonan, Personnel CEQA Compliance: N/A Technician Subject: Damage Claim Filed by Residents of SUMMARY: The District received the attached claim seeking reimbursement for the expenses related to alleged damage to a private road. STAFF RECOMMENDATION: That the Board of Directors reject and refer to ACWA/JPIA, the claim submitted by the residents of for an undisclosed amount needed to reconstruct and restore their private street. COMMITTEE RECOMMENDATION: The Personnel-Risk Management Committee discussed this item at its meeting held May 7, 2010 and supports staff's recommendation. DISCUSSION: On April 13, 2010, the District received a damage claim filed by nine residents of The dollar amount of the damage claim is not specified. The residents of this private road claim that water flowing from a ruptured pipeline, which occurred on March 28, 2010, at the corner of and caused excessive damage to The residents admit their private road was in need of some repair prior to the pipeline break, but claim that the excessive water flow created substantial additional damages. Staff investigated the claim. Street view photos taken by Google Earth in 2009 and exhibited on the internet, indicate extensive damage to the road was already present prior to the water pipeline break. Following the water main break and subsequent street repairs to damaged sections of and staff offered to repair a few of the worst potholes on This offer was rejected as insufficient by the resident/owners of who asserted that the District should be responsible for a higher percentage of the much- needed street restoration. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors reviews all claims not settled by staff. Any claims and accompanying staff reports are presented to the Board of Directors for consideration as they are received. ATTACHMENTS: Name: Description: Type: Agenda Attachment.doc Agenda Attachment Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/10/2010 JS/RC 3-0 Directors Hawkins and Mills were absent. PLEASE CONTACT YLWD RECORDS DIVISION FOR THIS ATTACHMENT (714) 701-3101 records@ylwd.com ° ` . ITEM NO. 8.1 AGENDA REPORT Meeting Date: June 10, 2010 Budgeted: Yes To: Board of Directors Cost Estimate: $320.00 Funding Source: Sewer Operating Fund From: Ken Vecchiarelli, General Manager Presented By: Stephen Parker, Finance Dept: Finance Director Reviewed by Legal: N/A Prepared By: Joann Gitmed, Accounting CEQA Compliance: N/A Assistant II Subject: Sewer Maintenance Charges for Locke Ranch and Areas Outside of the District for Fiscal Year 2010/11 SUMMARY: Each year at this time, the Board of Directors considers the sewer maintenance charge collected by the District to finance maintenance of the public sewer system. This charge is uniformly imposed on all connections to the public sewerage collection system maintained by the District. STAFF RECOMMENDATION: That the Board of Directors approve Resolution No. 10-14 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 2010/11 Tax Roll and Rescinding Resolution No. 09-10. DISCUSSION: The Board of Directors acted in May 2007 to increase the sewer maintenance charges imposed by the District. These charges finance the maintenance and operations of the public sewer system maintained by the District. The monthly charge for single family residential customers connected to the public sewer system was raised at that time from $3.50 to $5.50. Charges for other customer classifications were adjusted proportionately. The approved fees became effective on September 1, 2007. The current Sewer Maintenance Charges are as follows: Commercial-Industrial and Public Schools: 1. For all sewer customers in this category who use water meter reading, the rate shall be as follows: . First 2,200 cubic feet per month of water consumption per month: $5.50 per month. . All water consumption in excess of 2,201 cubic feet per month: $4.62 per 1,000 cu. ft. 2. Alternatively, for those customers who have a sewer meter or who can demonstrate to the District's satisfaction that 100% of the water meter reading ends up in the District's sewer system, the rate shall be as follows: . First 1,100 cubic feet per month: $5.50 per month. . All metered use in excess of 1,101 cubic feet per month at $5.06 per 1,000 cu. ft. Residential: 1. Residential - individually metered: $5.50 per month. 2. Residential - master metered: $3.85 per month per unit. The District collects the Sewer Maintenance Charge by adding it to the water bill of customers where the District provides water service and the customer also has a connection to the sewer system. For customers connected to the District sewer system that receive water service from another water purveyor, the District collects the Sewer Maintenance Charge through the property tax rolls prepared by the County of Orange Auditor/Controller. This is the case in the Locke Ranch Area and other areas outside the District boundaries which receive water service from Golden State Water Company. This process is legally authorized and established by Resolution of the Board. Each year the Auditor Controller's office requires a certified resolution by the Board directing their office to add the charges as a special assessment to the tax roll. The Sewer Maintenance Charges are subject to the substantive and procedural requirements of Proposition 218 (California Constitution Article XIII D) barring an increase in the rates and/or a discretionary CPI increase of more than 5%, except with proper notification to the property owners affected allowing adequate opportunity to protest any such increase. Staff is not recommending a change to the current sewer maintenance charge at this time. To collect the current maintenance charge in the Locke Ranch Area and other areas outside the District boundaries for Fiscal Year 2010/11, the County of Orange Auditor-Controller's Office requires a certified Resolution by the Board of Directors directing their office to add the charges to the tax rolls for the properties assessed. The County establishes a deadline in August to receive this information. PRIOR RELEVANT BOARD ACTION(S): On July 26, 2007, the Board of Directors passed Resolution No. 07-13 adopting the current sewer maintenance charges. On July 23, 2009, the Board of Directors passed Resolution No. 09-10 adopting these charges for customers in the Locke Ranch Area as well as areas outside the District boundaries and electing to have the charges collected on the Fiscal Year 2009/10 tax roll. ATTACHMENTS: Name: Description: Type: Resolution 10-14.doc Resolution No. 10-14 Resolution Approved by the Board of Directors of the Yorba Linda Water District 6/10/2010 RC/JS 3-0 Roll Call Directors Hawkins and Mills were absent. RESOLUTION NO. 10-14 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT 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 2010/11 TAX ROLL AND RESCINDING RESOLUTION NO. 09-10 WHEREAS, in October 1977, the City of Yorba Linda transferred and conveyed ownership of the Locke Ranch sewer system to the Yorba Linda Water District; and, WHEREAS, the Yorba Linda Water District ("District" herein) Rules and Regulations for Rendition of Sanitary Sewer Service include a provision that a sewer maintenance charge is adopted by separate Resolution for the Locke Ranch and Other Areas Outside the District Boundaries; and, WHEREAS, the Board of Directors of the Yorba Linda Water District have from time to time adopted Ordinances and Resolutions to set and change the Sewer Maintenance Charge rates charged by the District; and, WHEREAS, the Locke Ranch sewer system and other sewer systems owned and maintained by the District are outside the existing District boundaries; and, WHEREAS, under authority of the California Water Code Sections 31100 and 31101.5 the District may provide sewer service and levy sewer maintenance charges on property located outside of the District boundaries and under California Health and Safety Code Sections 5471 and 5473 may elect to have the County of Orange Auditor/Controller collect such charges on the Orange County Property Tax roll; and, WHEREAS, the District made available at the District office the Sewer Maintenance Charge Report in May 2007, which explains the rate structure in greater detail; and, WHEREAS, as explained in Sewer Maintenance Charge Report document, the rate is not being used for a general governmental purpose but to pay for sewer service actually provided to the property; and, WHEREAS, the revenues from sewer rates do not exceed the amount required to provide such service and are equivalent to the amount of service received; and, WHEREAS, the revenues collected from sewer rates have been and will be used only to pay for the sewer services for which they were collected; and, Resolution No. 10-14 Sewer Maintenance Assessment 1 WHEREAS, the sewer service provided is not a standby charge, but for sewer immediately available to the property identified; and, WHEREAS, on July 23, 2009 at a Regular Board of Directors meeting, the Board of Directors approved using the Sewer Maintenance Charge rates established in Fiscal Year 2007-08, and it will remain in effect until superseded or repealed by a subsequent resolution subject to the substantive and procedural requirements of Proposition 218 (California Constitution Article XIII D). NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District to adopt Sewer Maintenance Charge as follows: Section 1. The Yorba Linda Water District Sewer Maintenance Charge for the Locke Ranch and Other Areas Outside the District Boundaries for Fiscal Year 2010/11 is hereby approved and adopted at $66.00 per year per residential or equivalent commercial sewer connection and it will remain in effect until superseded or repealed by a subsequent resolution, with a discretionary CPI increase capped at 5% per year. Section 2. The Yorba Linda Water District Sewer Maintenance Charge for the Locke Ranch and Other Areas Outside the District Boundaries is hereby fixed in the amounts and against the owners of parcels with sewer connections as shown in Locke Ranch Sewer Maintenance Charge 2010-2011 Fiscal Year (Exhibit "A" herein). By this reference Exhibit A is incorporated herein. A copy of Exhibit "A" is on file and available for public examination at the District Office located at: 1717 East Miraloma Avenue, Placentia, CA 92870. Section 3. The Board of Directors elects to have the County of Orange Auditor/Controller collect the charges fixed herein on the tax roll in the same manner, by the same persons, and at the same time as and together with and not separately from County of Orange taxes. Section 4. The Yorba Linda Water District Sewer Maintenance Charge for the Locke Ranch and Other Areas Outside the District Boundaries is imposed pursuant to the authority provided in Water Code Sections 31101.5 and adopted in accordance with the requirements of law. Section 5. The General Manager or his designee is authorized and directed to file with the County of Orange Auditor/Controller a copy of this Resolution together with the listing of parcel numbers and amounts of charges shown in Exhibit "A" and such other documentation as the County Auditor/Controller may require in order to accomplish the purpose of this Resolution. Resolution No. 10-14 Sewer Maintenance Assessment 2 Section 6. Resolution No. 09-10 is superseded effective immediately by the adoption of this Resolution. PASSED AND ADOPTED this 10th day of June 2010, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Michael J. Beverage, Vice 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. 10-14 Sewer Maintenance Assessment 3 ITEM NO. 8.2 AGENDA REPORT Meeting Date: June 10, 2010 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: Amendments to the District's Conflict of Interest Code SUMMARY: The Political Reform Act requires every local government agency to review its Conflict of Interest Code (COI) biennially to determine if it is accurate or requires amendment. State law stipulates that the Orange County Board of Supervisors (OCBOS) is the code reviewing body for both the District and the Public Financing Corporation. The Clerk of the OCBOS has requested that the District amend the Public Financing Corporation's COI to conform to a standardized format. During this process, staff also re-evaluated the District's COI and has identified some needed modifications. STAFF RECOMMENDATION: That the Board of Directors approve Resolution No. 10-15 Adopting a Conflict of Interest Code for the Yorba Linda Water District. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee discussed this item at its meeting held May 26, 2010 and supports staff recommendation. DISCUSSION: In addition to reviewing the Public Financing Corporations' COI, staff also re-evaluated the District's COI and has identified some needed modifications. The suggested amendments include: 1. The addition of designated positions that have been determined to make or participate in the making of District decisions which may foreseeably have a material effect on any financial interest of the employee. 2. The identification of designated positions who manage public investments. Staff also recommends designating the OCBOS as the filing officer for all designated positions (excluding consultants) so that filers can take advantage of the County's new online filing system. Staff has been advised by the County that filings submitted using this system will not be made available online and that members of the public will still need to submit a public records request to obtain copies. However, the County will not notify filers if a copy of their filing has been requested. The attached resolution reflects all recommended amendments and has been reviewed by OCBOS representatives and District legal counsel. ATTACHMENTS: Name: Description: Type: Resolution 10 Resolution No. 10-15 Resolution 15 Adopting a Conflict of Interest Code.doc Approved by the Board of Directors of the Yorba Linda Water District 6/10/2010 RC/JS 3-0 Roll Call Directors Hawkins and Mills were absent. RESOLUTION NO. 10-15 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED WHEREAS, the Political Reform Act of 1974, Government Code Section 81000 et. seq. ("the Act"), requires a local government agency to adopt a Conflict of Interest Code pursuant to the Act; and WHEREAS, the Yorba Linda Water District has previously adopted a Conflict of Interest Code and that Code now requires updating; and WHEREAS, amendments to the Act have in the past and foreseeably will in the future require conforming amendments to be made to the Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, Title 2, California Code of Regulations, Section 18730, which contains terms for a standard model Conflict of Interest Code, which, together with amendments thereto, may be adopted by public agencies and incorporated by reference to save public agencies time and money by minimizing the actions required of such agencies to keep their codes in conformity with the Political Reform Act. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The terms of Title 2, California Code of Regulations, Section 18730 (Attachment A) and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, together with Exhibits A and B in which positions are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the Yorba Linda Water District. Section 2. The provisions of all Conflict of Interest Codes and Amendments thereto previously adopted by the Yorba Linda Water District are hereby superseded. Section 3. The Filing Officer is hereby authorized to forward a copy of this Resolution to the Clerk of the Orange County Board of Supervisors for review and approval by the Orange County Board of Supervisors as required by California Government Code Section 87303. Resolution No. 10-15 Adopting a Conflict of Interest Code 1 PASSED AND ADOPTED this 10th day of June 2010, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Michael J. Beverage, Vice 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. 10-15 Adopting a Conflict of Interest Code 2 ATTACHMENT A CONFLICT OF INTEREST CODE OF THE YORBA LINDA WATER DISTRICT The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2, California Code of Regulations, Section 18730) which contains the terms of a standard Conflict of Interest Code, which may be incorporated by reference in an agency's code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2, California Code of Regulations, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Yorba Linda Water District. Designated employees shall file statements of economic interests with the Yorba Linda Water District's Political Reform Act Filing Officer, Board Secretary, who will make the statements available for public inspection and reproduction (Government Code Section 82008). Except as specified below, statements for designated employees will be retained by the Agency's Filing Officer. Upon receipt of the statements of the Engineering Manager, Human Resources Manager, Information Technology Director, Operations Manager, Chief Plant Operator, Customer Service Supervisor, Information Systems Administrator, Management Analyst, Operations Assistant, Project Engineer, Public Information Specialist, SCADA Administrator, Senior Accountant, Senior Project Manager, Storekeeper, Water Maintenance Superintendent, Water Quality Engineer and Attorney, the Yorba Linda Water District's Filing Officer shall make and retain a copy and forward the original of these statements to the Clerk of the Orange County Board of Supervisors as the Filing Officer for these positions. Resolution No. 10-15 Adopting a Conflict of Interest Code 3 OFFICIALS WHO MANAGE PUBLIC INVESTMENTS Officials who manage public investments, as defined by 2, California Code of Regulations§ 18701 (b), are NOT subject to the Agency's code, but are subject to the disclosure requirement of the Act (Government Code Section 87200 et seq.). [ § 18730 (b)(3)] These positions are listed here for informational purposes only. It has been determined that the positions listed below are officials who manage public investments: Member of the Board of Directors General Manager (Secretary) Assistant General Manager (Assistant Secretary) Finance Director (Auditor) These positions shall file original statements with the Clerk of the Orange County Board of Supervisors. The disclosure categories and requirements for these positions are set forth in article 2 of chapter 7 of the Political Reform Act, Government Code Section 87200 et. Seq. Resolution No. 10-15 Adopting a Conflict of Interest Code 4 APPENDIX CONFLICT OF INTEREST CODE OF THE YORBA LINDA WATER DISTRICT EXHIBIT A LIST OF DESIGNATED POSITIONS Designated Positions Disclosure Categories Attorney OC-01 Chief Plant Operator OC-05 Customer Service Supervisor OC-05 Information Systems Administrator OC-05 Management Analyst OC-05 Operations Assistant OC-05 Project Engineer OC-05 Public Information Specialist OC-05 SCADA Administrator OC-05 Senior Accountant OC-05 Senior Project Manager OC-05 Storekeeper OC-05 Water Maintenance Superintendent OC-05 Water Quality Engineer OC-05 Consultant OC-30 Engineering Manager OC-41 Human Resources Manager OC-41 Information Technology Director OC-41 Operations Manager OC-41 Resolution No. 10-15 Adopting a Conflict of Interest Code 5 EXHIBIT B LIST OF DISCLOSURE CATEGORIES Disclosure Category Disclosure Description OC-01 All interests in real property in Orange County, the authority or the District as applicable, as well as investments, business positions and sources of income (including gifts, loans and travel payments). OC-05 All investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide services, supplies, materials, machinery, equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. OC-30 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The Department Head/Director/General Manager/Superintendent/etc. may determine that a particular consultant, although a "designated position", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements of this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure required. The determination of disclosure is a public record and shall be filed with the Form 700 and retained by the Filing Office for public inspection. OC-41 All interests in real property in Orange County or the District as applicable, as well as investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide services, supplies, materials, machinery, vehicles, or equipment (including training and consulting services) used by the County Department, Authority or District, as applicable. Resolution No. 10-15 Adopting a Conflict of Interest Code 6 ITEM NO. 10.3 AGENDA REPORT Meeting Date: June 10, 2010 Subject: Personnel-Risk Management Committee (Collett/Hawkins) Alternate: Summerfield • Minutes of meeting held June 4, 2010 at 4:00 p.m. (To be provided at the meeting.) • Meeting scheduled July 13, 2010. ATTACHMENTS: Name: Description: Type: 060410 PRM - Minutes.doc PRM Mtg Minutes 06/04/10 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL-RISK MANAGEMENT COMMITTEE MEETING June 4, 2010 A meeting of the Personnel-Risk Management Committee was called to order by Director Collett at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Ric Collett, Chair Ken Vecchiarelli, General Manager Director Phil Hawkins Gina Knight, Human Resources Mgr 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Damage Claim Filed by David Ip The Committee discussed the claim filed by Mr. Ip who alleges his water pipe from the meter to his house was chipped when the District repaired a service leak from the claimant's meter to the street. The Committee will recommend to the Board of Directors to reject the claim at the June 10, 2010 Board meeting and refer it to ACWA/JPIA. 2.2. Damage Claim Filed by Valerie Valardi The Committee discussed the claim filed by Ms. Valardi who alleges the front section of her driveway was undermined by the overflow of debris and water due to a water main break at Ohio and Villa Terrace. The Committee will recommend to the Board of Directors to reject the claim at the June 10, 2010 Board meeting and refer it to ACWA/JPIA. 3. DISCUSSION ITEMS 3.1. Status of Recruitments Staff presented an update on the District's Sr. Accountant recruitment. Staff informed the Committee that a job offer had been extended and accepted with a tentative date of hire for June 14, 2010. 3.2. Status of Risk Management Activities Staff discussed the two (2) mentioned claims submitted by Ip and Valardi. In addition, staff informed the Committee of the various HR as well as risk management related training workshops that were coordinated for District employees with attendance extended to other ACWA-JPIA members. 1 3.3. Future Agenda Items and Staff Tasks None. 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 July 13, 2010 at 4:00 p.m. 2 ITEM NO. 10.4 AGENDA REPORT Meeting Date: June 10, 2010 Subject: Planning-Engineering-Operations Committee (Mills/Summerfield) Alternate: Beverage Minutes of meeting held June 2, 2010 at 4:00 p.m. Meeting scheduled July 1, 2010 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: PEO Minutes - 060210.doc PEO Mtg Minutes 06/02/10 Backup Material MINUTES OF THE YORBA LINDA WATER DISTRICT PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING June 2, 2010 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 STAFF Director William R. Mills, Chair Ken Vecchiarelli, General Manager Director John Summerfield Steve Conklin, Engineering Manager Lee Cory, Operations Manager Ken Mendum, Ops Superintendent John DeCriscio, Chief Plant Operator Harold Hulbert, Ops Assistant 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Monthly Groundwater Production and Purchased Import Water Report. Mr. DeCriscio reported that the District is on target to achieve the groundwater production goal of 46% and that the total water production is 17.7% less than this time last year. This exceeds our water conservation goal by 7.7%. 2.2. Monthly Preventative Maintenance Program Report. Mr. Mendum reported that the PM team is on target to meet annual maintenance goals in all categories, with the exception of sewer televising. To mitigate this shortfall, a new crawler unit for the camera has been purchased to replace the unit out for repair, and to provide a spare to minimize downtime. 3. ACTION CALENDAR 3.1. Approval of Change Order No. 1 for Hidden Hills Reservoir Project. Mr. Conklin reported on the construction progress for the project and a change order in the amount of $3,027.86 and 16 additional calendar days. Following discussion, the Committee supported staff's recommendation for approval of Change Order No. 1. 3.2. Agreement for Sharing Consultant Costs for 2010 Urban Water Management Plan (UWMP). Mr. Vecchiarelli reported on the proposed plan whereby MWDOC will be the lead agency and will retain the engineering consultant for the 1 preparation of the individual agency UWMPs for 2010. The agreement for the sharing of consultant costs is being presented for review and approval. Following discussion, the Committee supported staff's recommendation for approval of the agreement with MWDOC. 3.3. Renewal of Supplier Contract with Nicky Petroleum, Inc. Mr. Cory and Mr. Hulbert reported on the proposed renewal of the supplier contract for fuel for District vehicles. Following discussion, the Committee supported staff's recommendation for renewal of the one-year contract. 3.4. Renewal of Maintenance Contract with Marina Landscape Mr. Cory and Mr. Hulbert reported on the proposed renewal of the landscape maintenance contract for 21 District sites. Following discussion, the Committee supported staff's recommendation for renewal of the contract. 3.5. Renewal of Janitorial Contract with Merchants Building Maintenance Mr. Cory and Mr. Hulbert reported on the proposed renewal of the building maintenance contract for the District's Richfield site. Following discussion, the Committee supported staff's recommendation for renewal of the contract. 4. DISCUSSION ITEMS 4.1. Status Report on Capital Projects in Progress Mr. Conklin reported on the status of District projects currently in planning, design and construction. 4.2. Monthly Groundwater Producers Meeting Report Mr. Conklin reported on the items presented and discussed at the May 12 Groundwater Producers Meeting. 4.3. Future Agenda Items and Staff Tasks None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 4:55 p.m. The next regular meeting of the Planning-Engineering-Operations Committee will be held July 1, 2010 at 4:00 p.m. 2 ITEM NO. 10.5 AGENDA REPORT Meeting Date: June 10, 2010 Subject: Public Information-Technology Committee (Beverage/Hawkins) Alternate: Summerfield Minutes of meeting held June 1, 2010 at 4:00 p.m. Meeting scheduled July 6, 2010 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 060110 PIT - Minutes.doc PIT Mtg Minutes 06/01/10 Backup Material MINUTES OF THE YORBA LINDA WATER DISRICT PUBLIC INFORMATION-TECHNOLOGY COMMITTEE MEETING June 1, 2010 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 STAFF Director Michael J. Beverage, Chair Ken Vecchiarelli, General Manager Director Phil Hawkins Pat Grady, Assistant General Manager Damon Micalizzi, PI Specialist 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Public Notice Regarding Pass-Through Rate Increase Mr. Vecchiarelli presented to the Committee the Public Notice regarding the August 1St Pass-Through Rate Increase. The notice will be placed in the "Special Message" portion of the Monthly Bill and a recorded voice message with more information regarding the Rate Increase will be created. 2.2. Summer Newsletter Content Mr. Micalizzi presented to the Committee potential stories, photos and content for the YLWD Summer Newsletter. All of the content was approved for use by the Committee. 2.3. Practice Fields Atop District Reservoirs (Verbal Report) Mr. Vecchiarelli updated the Committee on JPIA's opinions regarding liability for such a venture and outlined the necessary steps to move forward. 2.4. Bottled Water Update (Verbal Report) Mr. Micalizzi updated the Committee on the shelf life for bottled water (2 years) and the Committee discussed labeling options along with the possibility of an "under the cap" bottle contest. 2.5. Public Events Update Mr. Micalizzi updated the Committee on current and future public outreach activities. The Committee discussed future marketing efforts for promoting the conservation classes at the Fullerton Arboretum for next year. 1 2.6. Conservation Ordinance Monthly Statistics Mr. Vecchiarelli presented the conservation ordinance statistics through the month of May 2010. 2.7. IT Projects Monthly Status Mr. Grady reviewed the monthly IT Projects status report. The Committee discussed progress of the new financial and utility billing software; Computerized Maintenance and Management Systems (CMMS); and Online Bill Pay. Mr. Grady also discussed the completion of the Automated Vehicle Location (GPS) pilot program for District vehicles. Staff is currently negotiating costs to move the full program forward with the selected vendor. 2.8. Future Agenda Items and Staff Tasks Director Beverage suggested staff facilitate getting some of the water industry's literature to the Citizen Advisory Committee for information regarding the November Water Bond Measure, among other water related issues. Mr. Micalizzi will have the water bottle label designed by the next meeting. In addition, he will bring the local sports groups to the table for a meeting regarding the use of practice fields on District reservoirs and report on the topic at the next meeting. 3. ADJOURNMENT 3.1. The meeting was adjourned at 5:15 p.m. The next regular meeting of the Public Information-Technology Committee will be held July 6, 2010 at 4:00 p.m. 2 ITEM NO. 12.1 AGENDA REPORT Meeting Date: June 10, 2010 Subject: Meetings from June 11, 2010 - July 31, 2010 ATTACHMENTS: Name: cv,r i~a$icri: a ype: BOD Activity Calendar.pdf BOD Activity Calendar Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: June 2010 Finance-Accounting Committee Meeting Mon, Jun 14 8:OOAM Summerfield/Collett Yorba Linda City Council Tue, Jun 15 6:30PM Summerfield MWDOC Board Wed, Jun 16 8:30AM Staff OCWD Board Wed, Jun 16 5:OOPM Staff Yorba Linda Planning Commission Wed, Jun 23 7:OOPM Hawkins Board of Directors Regular Meeting Thu, Jun 24 8:30AM Citizens Advisory Committee Meeting Mon, Jun 28 8:30AM Exec-Admin-Organizational Committee Meeting Wed, Jun 30 4:OOPM July 2010 Planning-Engineering-Operations Committee Meeting Thu, Jul 1 4:OOPM Mills/Summerfield Holiday Mon, Jul 5 7:30AM District Offices Public Information-Technology Committee Meeting Tue, Jul 6 4:OOPM Beverage/Hawkins Yorba Linda City Council Tue, Jul 6 6:30PM Mills MWDOC/MWD Workshop Wed, Jul 7 8:30AM Staff OCWD Board Wed, Jul 7 5:OOPM Staff Board of Directors Regular Meeting Thu, Jul 8 8:30AM Finance-Accounting Committee Meeting Mon, Jul 12 4:OOPM Summerfield/Collett Personnel-Risk Management Committee Meeting Tue, Jul 13 4:OOPM Collett/Hawkins Yorba Linda Planning Commission Wed, Jul 14 7:OOPM Collett Exec-Admin-Organizational Committee Meeting Tue, Jul 20 4:OOPM Mills/Beverage Yorba Linda City Council Tue, Jul 20 6:30PM Summerfield MWDOC Board Wed, Jul 21 8:30AM Staff OCWD Board Wed, Jul 21 5:OOPM Staff Board of Directors Regular Meeting Thu, Jul 22 8:30AM Citizens Advisory Committee Meeting Mon, Jul 26 8:30AM MWDOC/OCWD Ad Hoc Committee Meeting Tue, Jul 27 4:OOPM Mills/Beverage Yorba Linda Planning Commission Wed, Jul 28 7:OOPM Hawkins 6/4/2010 8:21:35 AM