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HomeMy WebLinkAbout2010-08-26 - Board of Directors Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, August 26, 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. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 6.1. Minutes of the Regular Board of Directors Meeting Held August 12, 2010 Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $844,678.86. 6.3. Retention Reduction and Progress Payment No. 27 for the Highland Reservoir Replacement Project Recommendation: That the Board of Directors approve Retention Reduction to 5% and approve Progress Payment No. 27, in the net amount of $82,300.22, to Schuler Engineering Corporation and 5% retention of $4,331.59, deposited to Citizens Business Bank escrow account, for construction of the Highland Reservoir Replacement Project, Job No. 200309. 6.4. Declaration of Restrictive Covenants with Toll CA III, L.P., Tract 17030 Recommendation: That the Board of Directors authorize the President and Secretary to execute the Declaration of Restrictive Covenants, subject to approval as to form by General Counsel, with Toll CA III, L. P., Job No. 200607. 6.5. Approval of MWDOC Grant Participation Agreement Recommendation: That the Board of Directors authorize the General Manager to execute the MWDOC Tiered Rates Grant Participation Agreement subject to approval as to form by General Counsel. 6.6. Unaudited June 2010 Budget to Actual Results Recommendation: That the Board of Directors receive and file the Unaudited June 2010 Budget to Actual Results. 6.7. Investment Report for the Period Ending June 2010 Recommendation: That the Board receive and file the Investment Report for the Period Ending June 2010 . 6.8. Proclamation Recognizing the Centennial Anniversary of the Association of California Water Agencies Recommendation: That the Board of Directors approve the proclamation recognizing ACWA on their 100 year anniversary. 6.9. Posting of Job Classifications and Salary Ranges Recommendation: That the Board of Directors approve the posting of employee job classifications, salary ranges and labor agreements on the District's website. 6.10. Reschedule Board Meetings Recommendation: That the Board of Directors reschedule the regularly scheduled Board meetings as follows: . Reschedule Thursday, November 11, 2010 to Wednesday, November 10, 2010 at 8:30 a.m. . Reschedule Thursday, November 25, 2010 to Wednesday, November 24, 2010 at 8:30 a.m. . Reschedule Thursday, December 23, 2010 to Wednesday, December 22, 2010 at 8:30 a.m. 6.11. Schedule Financial Planning Workshop Meeting Thursday, October 21, 2010 at 9:00 a. m. Recommendation: That the Board of Directors schedule a Financial Planning Workshop on Thursday, October 21 from 9:00 a.m. to approximately 12:00 p.m. 7. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 7.1. General Manager's Employment Contract Recommendation: That the Board of Directors approve the General Manager's Employment Contract. 8. REPORTS, INFORMATION ITEMS, AND COMMENTS 8.1. President's Report 8.2. Directors' Reports 8.3. General Manager's Report 8.4. General Counsel's Report 8.5. Future Agenda Items and Staff Tasks 9. COMMITTEE REPORTS 9.1. Executive Administrative-Organizational Committee (Mills/Beverage) Alternate: Collett Minutes of meeting held August 17, 2010 at 4:00 p.m. Meeting scheduled September 21, 2010 at 4:00 p.m. 9.2. Finance-Accounting Committee (Summerfield/Collett) Alternate: Mills • Meeting scheduled September 13, 2010 at 4:00 p.m. 9.3. Personnel-Risk Management Committee (Collett/Hawkins) Alternate: Summerfield Minutes of meeting held August 20, 2010 at 4:00 p.m. (To be provided at the meeting.) Meeting scheduled September 14, 2010 at 4:00 p.m. 9.4. Planning-Engineering-Operations Committee (Mills/Summerfield) Alternate: Beverage • Meeting scheduled September 2, 2010 at 4:00 p.m. 9.5. Public Information-Technology Committee (Beverage/Hawkins) Alternate: Summerfield Minutes of meeting held August 19, 2010 at 4:00 p.m. Meeting scheduled September 7, 2010 at 4:00 p.m. 9.6. MWDOC/OCWD Ad Hoc Committee (Mills/Beverage) Alternate: Collett • Meeting scheduled September 28, 2010 at 4:00 p.m. 9.7. Citizens Advisory Committee Minutes of meeting held July 26, 2010 at 8:30 a.m. (To be provided at the meeting.) Meeting scheduled August 23, 2010 at 8:30 a.m. 10. INTERGOVERNMENTAL MEETINGS 10.1. YL City Council - August 17, 2010 (Summerfield) 10.2. MWDOC Board - August 18, 2010 (Staff) 10.3. OCWD Board - August 18, 2010 (Staff) 10.4. YL Planning Commission - August 25, 2010 (Hawkins) 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from August 27, 2010 -September 30, 2010 12. CONFERENCES AND SEMINARS 12.1. CSDA Conference - September 20-23, 2010 ACWA/JPIA Fall Conference - November 29-30, 2010 ACWA Fall Conference - December 1-3, 2010 CRWUA Annual Conference - December 15-17, 2010 Recommendation: Authorize Directors and such staff members of the District as approved by the General Manager to attend the above listed conferences. 13. CLOSED SESSION The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. 13.1. 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) 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) 14. ADJOURNMENT 14.1. The next regular meeting of the Board of Directors will be held September 9, 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. 6.1 AGENDA REPORT Meeting Date: August 26, 2010 Subject: Minutes of the Regular Board of Directors Meeting Held August 12, 2010 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Narne: Description: Type: 081210 BOD - Minutes.doc BOD Mtg Minutes 08/12/10 Minutes Approved by the Board of Directors of the Yorba Linda Water District 8/26/2010 MB/JS 5-0 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING August 12, 2010 1. CALL TO ORDER The August 12, 2010 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Mills at 8:33 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 Steve Conklin, Engineering Manager John W. Summerfield Lee Cory, Operations Manager Gina Knight, HR Manager Stephen Parker, Finance Director o Art Vega, Info Systems Administrator Damon Micalizzi, PI Officer Annie Alexander, Executive Secretary DIRECTORS ABSENT Phil Hawkins OTHER VISITORS Nancy Rikel, Mayor Pro Tem, City of Yorba Linda Gary Melton, Member, YLWD Citizens Advisory Committee 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Vecchiarelli requested to remove Item No. 7.5. from the agenda as Director Hawkins was not in attendance at the meeting. This item will be placed on the next Board meeting agenda. Mr. Vecchiarelli then requested to remove Item No. 13.1. as there was no need for a Closed Session. 5. PUBLIC COMMENTS None. 1 6. CONSENT CALENDAR On a motion by Director Summerfield, seconded by Director Collett, the Board voted 4-0 to approve the Consent Calendar. Director Collett abstained from voting on Item No. 6.1. as he was not in attendance at the meeting. 6.1. Minutes of the Regular Board of Directors Meeting Held July 22, 2010 Recommendation. That the Board of Directors approve the minutes as presented. 6.2. Payment of Bills, Refunds, and Wire Transfers Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of $2,689,104.86. 6.3. Amendment to On-Call Services Contract with MWH Americas, Inc. (MWH) Recommendation. That the Board of Directors authorize approval of On-Call Services Contract Amendment No. 3 with MWH Americas, Inc., for a fee increase not to exceed $45,500, resulting in a total fee of $140,740. 6.4. Approval of Change Order No. 4 for Highland Reservoir Replacement Project Recommendation. That the Board of Directors approve Change Order No. 4, a net credit to the District in the amount of $38,815. 00 and the addition of 47 calendar days to Schuler Engineering Corporation for construction of the Highland Reservoir Replacement Project, Job No. 200309. 6.5. Award of Construction Contract for Highland Booster Station Replacement Project Recommendation: That the Board of Directors authorize the President and Secretary to execute a construction agreement between Pacific Hydrotech Corporation and the Yorba Linda Water District for the Highland Booster Station Replacement Project in the amount of $4,525,800, subject to the approval as to form by General Counsel. 6.6. Brand-Name Requirements for Well No. 20 Wellhead Equipment Recommendation. That the Board of Directors approve brand- name requirements for Well No. 20 Wellhead Equipment for the items listed on the attached memorandum. 2 6.7. Terms and Conditions for Water Service with Yorba Linda Country Club Recommendation. That the Board of Directors approve the Terms and Conditions for Water Service with Yorba Linda Country Club, Job No. 200707. 6.8. Well Optimization Study Amendment No. 1 with Camp Dresser and McKee, Inc. (CDM) Recommendation. That the Board of Directors authorize approval of the Consulting Services Amendment No. 1 with CDM, for a fee increase not to exceed $35,395, resulting in a total fee of $89,785. 6.9. GPS Automated Vehicle Location (AVL) Professional Services Agreement Recommendation: That the Board of Directors authorize the General Manager to execute a Professional Services agreement with RMJ Technologies in the amount of $42,293, for the initial hardware unit cost ($22,838) and monthly monitoring service of 56 district vehicles ($19,4551year). Mr. Vega left the meeting at this time. t 7. ACTION CALENDAR 7.1. Memorandum of Understanding with the County of Orange for the Utilization of AlertOC Mr. Vecchiarelli provided the Board with a brief overview of the AlertOC system and related benefits from participating in the Memorandum of s Understanding. Director Beverage noted that Kelly Hubbard, Emergency Services Manager for MWDOC and Coordinator for WEROC, provided the Executive-Administrative-Organizational Committee with a presentation regarding the AlertOC system at their last meeting. On a motion by Director Beverage, seconded by Director Summerfield, the Board voted 4-0 to authorize the General Manager to enter into an MOU between the County of Orange and MWDOC for use of the AlertOC system. 7.2. Quitclaim for a Portion of an Existing 20-foot Wide Easement at 5465 Summerwood Lane Mr. Vecchiarelli explained that this item was on the Action Calendar as it was inadvertently left off the last Planning-Engineering-Operations Committee meeting agenda. Mr. Vecchiarelli then responded to questions from the Board regarding existing water and sewer easements on the property. On a motion by Director Beverage, seconded by Director Collett, the Board voted 4-0 to authorize the President and Secretary to execute a Quitclaim Deed to Mr. & Ms. Gregory Rex for abandoning the 3 southwesterly 150.78 feet of a 20-foot wide District easement, as recorded in Book 11695, Page 688 of Official Records of Orange County. 7.3. Sewer Agreement for MWD's Diemer Treatment Plant Mr. Vecchiarelli provided the Board with a brief overview of the purpose and related advantages of the agreement. Mr. Vecchiarelli then responded to questions from the Board regarding flow measurement and pre-treatment of effluent discharge at the site. On a motion by Director Collett, seconded by Director Summerfield, the Board voted 4-0 to approve execution of the Agreement for Extraterritorial Sewer Service Between the Metropolitan Water District of Southern California and the Yorba Linda Water District. 7.4. OCWD Memorandum of Understanding (MOU) for Annexation Mr. Vecchiarelli explained that preliminary drafts of the MOU had been reviewed by the Executive-Administrative-Organizational Committee on several occasions. The Board did not have any related questions. On a motion by Director Summerfield, seconded by Director Collett, the Board voted 4-0 to execute the MOU for annexation with OCWD. Item No. 7.5. was removed from the agenda. 7.5. General Manager's Employment Contract 8. DISCUSSION ITEMS 8.1. Draft Public Sewer Transfer Agreement Mr. Vecchiarelli provided the Board with a PowerPoint presentation outlining a suggested timeline of events and various conditions contained in the draft agreement. Mr. Vecchiarelli then responded to questions from the Board regarding possible impacts on the District's budget for FY 2010/11, repairs needed at the Greencrest sewer lift station, and integration of the City's map data. The Board did not suggest any revisions to the draft agreement at this time. Mr. Vecchiarelli further reported that he had provided a copy of the draft agreement to City staff for their review. 9. REPORTS, INFORMATION ITEMS AND COMMENTS 9.1. President's Report None. 9.2. Directors' Reports Director Summerfield reported that he would not be available to attend the following meetings: Finance-Accounting Committee on September 13, 2010; YL City Council on September 21, 2010; and the Board of Directors on September 23, 2010. He also stated that he may not be able to attend the Board of Directors meeting on September 9, 2010, but that he wouldn't 4 know for sure until later in the day. Following a brief discussion, Director Mills volunteered to attend the Finance-Accounting Committee meeting and Director Collett volunteered to attend the YL City Council meeting in place of Director Summerfield. 9.3. General Manager's Report Mr. Vecchiarelli reported that he had met with the new YL City Manager, Steve Rudometkin, and discussed the draft sewer transfer agreement. Mr. Vecchiarelli further reported that he had attended the MWD IRP Stakeholder meeting on August 3, 2010 and the LAFCO meeting on August 11, 2010. The District's request to annex the SAVI Ranch area was approved during the LAFCO meeting. 9.4. General Counsel's Report Aw, None. 9.5. Future Agenda Items and Staff Tasks None. °trNtNtNtNtViV[aYaYa* 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Mills/Beverage) Alternate: Collett Meeting scheduled August 17, 2010 at 4:00 p.m. 10.2. Finance-Accounting Committee (Summerfield/Collett) Alternate: Mills Minutes of the meeting held August 9, 2010 were provided at the meeting. Directors Summerfield and Collett attended. Matters discussed during the meeting were as follows: June 2010 Budget to Actual Results; Monthly Investment Report for June 2010; SAS 114 Required Communications; and June 2010 Debt Service Ratio Calculation. Meeting scheduled September 13, 2010 at 4:00 p.m. Director Mills will attend in place of Director Summerfield. 10.3. Personnel-Risk Management Committee (Collett/Hawkins) Alternate: Summerfield Meeting scheduled August 20, 2010 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Mills/Summerfield) Alternate: Beverage Minutes of the meeting held August 5, 2010 were provided in the agenda packet. Directors Mills and Summerfield attended. Matters discussed during the meeting were as follows: Monthly Groundwater Production and Purchased Import Water Report; Monthly Preventative Maintenance 5 Program Report; Amendment to On-Call Services Contract with MWH Americas; Approval of Change Order No. 4 for Highland Reservoir Replacement Project; Award of Construction Contract for Highland Booster Station Replacement Project; Brand-Name Requirements for Well No. 20 Wellhead Equipping; Sewer Agreement for MWD's Diemer Treatment Plant; Terms and Conditions for Water Service with Yorba Linda Country Club; Well Optimization Study Amendment No. 1 with Camp Dresser and McKee, Inc.; Report on Preliminary Planning for Elk Reservoir Site Development; Monthly Groundwater Producers Meeting Report; and Status Report on Capital Projects in Progress. Meeting scheduled September 2, 2010 at 4:00 p.m. 10.5. Public Information-Technology Committee (Beverage/Hawkins) Alternate: Summerfield Meeting scheduled August 19, 2010 at 4:00 p.m. 10.6. MWDOC/OCWD Ad Hoc Committee (Mills/Beverage) Alternate: Collett Minutes of the meeting held July 27, 2010 were provided in the agenda packet. Directors Mills and Beverage attended. Matters discussed during the meeting were as follows: Status of OCWD Annexation; Status of Settlement Agreement with South County Agencies; Changes to Metropolitan's Water Allocation Program; and Metropolitan's Integrated Resources Plan. Meeting scheduled September 28, 2010 at 4:00 p.m. 10.7. Citizens Advisory Committee Minutes of the meeting held July 26, 2010 were provided in the agenda packet. Matters discussed during the meeting were as follows: City of Yorba Linda Sewers Update; November Water Bond Measure; Hidden Hills and Highland Reservoir Update; and Year End Conservation Update. Meeting scheduled August 23, 2010 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL City Council - August 3, 2010 (Mills) Director Mills attended and commented on two presentations provided at the meeting. The first was given by Derek Nguyen regarding the District's water quality and the second was given by Poseidon regarding the status of their water desalination and water treatment plants. 11.2. MWDOC/MWD Workshop -August 4, 2010 (Staff) Mr. Vecchiarelli attended and commented on MWD's Integrated Resource Plan which was discussed during the meeting. 6 11.3. OCWD Board -August 4, 2010 (Staff) Staff did not attend this meeting. 11.4. WACO - August 6, 2010 (Hawkins) Director Hawkins was not in attendance to report on his attendance at this meeting. 11.5. LAFCO - August 11, 2010 (Beverage/Staff) Mr. Vecchiarelli attended and provided his report under Item No. 9.3. 11.6. YL Planning Commission -August 11, 2010 (Collett) Director Collett did not attend. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from August 13, 2010 -September 30, 2010 The Board reviewed the listed meetings and made no additional changes. 13. CLOSED SESSION Item No. 13.1 was removed from the agenda. 13.1 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) 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) 7 Name of Case: American Security Insurance Company, et al vs. YLWD (OC Superior Court - Case No. 00348304) 14. ADJOURNMENT 14.1. The meeting was adjourned at 10:02 a.m. The next regular meeting of the Board of Directors will be held August 26, 2010 at 8:30 a.m. Ken Vecchiarelli Board Secretary r a. 8 ITEM NO. 6.2 AGENDA REPORT Meeting Date: August 26, 2010 Budgeted: Yes Total Budget: N/A To: Board of Directors Cost Estimate: $844,678.86 Funding Source: All Funds From: Ken Vecchiarelli, General Account No: N/A Manager Job No: N/A Presented By: Stephen Parker, Finance Dept: Finance Director Reviewed by Legal: N/A Prepared By: Maria Trujillo, Accounting CEQA Compliance: N/A Assistant I 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 $844,678.86. DISCUSSION: The major items on this disbursement list are as follows: A check of $175,724.00 to ACWA/JPIA for 2010-2011 General Liability Insurance premium; a check of $56,267.45 to Bakersfield Well & Pump Company for Well 20 progress payment and retention release; and, a check of $82,300.22 for Highland Reservoir July 2010 progress payment. The balance of $291,070.78 is routine invoices. The Accounts Payable check register total is $605,362.45; Payroll No. 16 total is $239,316.41; and, the disbursements of this agenda report are $844,678.86. 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: Narne: Description: Type: CkReg82610_BOD.pdf Check Register Backup Material 10-CS 826.doc Cap Sheet Backup Material Approved by the Board of Directors of the Yorba Linda Water District 8/26/2010 MB/JS 5-0 Director Collett abstained from voting on Check No. 54790 as he has a financial interest with the vendor. Yorba Linda Water District Check Register For Checks Dated: 8/13/2010 thru 8/26/2010 Check No. Date Vendor Name Amount Description ($75k or greater) 54727 08/26/2010 A Plus Awards By Dewey 13.59 54721 08/26/2010 Abbott Staffing Group, Inc. 4,906.20 54722 08/26/2010 ACWA/JPIA 175,724.00 Genf Liability preen 10-11 54723 08/26/2010 Advanced Infrastructure 8,428.13 54724 08/26,/2010 Alternative Hose Inc. 12&67 54725 08/26/2010 Anaheim Wheel & Tire 30.00 54726 08/26/2010 Answer One Communications 530.47 54728 08/26/2010 Apollo Technologies Inc. 380.00 54729 08/26/2010 Aramark Uniform Services, Inc 421.78 52304 09/13/2010 ARB / PERP -150.00 54730 08/26/2010 ARB / PERP 150.00 54733 08/26/2010 AT & T 45.07 54731 08/26/2010 AT & T - Calnet2 2,604.37 54732 08/26/2010 AT&T Mobility 285.20 54734 08/26/2010 AW Direct Inc. 732.49 54735 08/26/2010 AWWA 4,000.00 54736 08/26/2010 AWWA - CA-NV Section 720.00 54737 08/26/2010 Bakersfield Well & Pump Company 56,267.45 Well 20 prog py & retentn rel 54738 08/26/2010 Battery Systems 90.44 54739 08/26/2010 Benner metals 69.55 54740 08/26/2010 Butier Engineering Inc 24,640.00 54750 08/26/2010 C & L Refrigeration Corp. 453,93 54741 08/26/2010 CaIPER$ 300.00 54742 08/26/2010 Carollo Engineers 28,731.94 Hidden Hills, Highld Jul Svcs 54743 08/26/2010 CDW Government, Inc 424.13 54744 08/26/2010 Citizen's Business Bank 4,331.59 54745 08/26/20--0 City Of Anaheirn 7,205.10 54746 08/26/20'_0 City Of Anaheim 464.00 54747 08/26/20-0 CIVILTEC Engineering, Inc 1.1,780.47 54748 08/26/2010 Cla-Val Co. 2,096.13 54749 08/26/2010 Clinical Lab. Of San Bern. 2,135.00 54751 08/26/2010 Coast Surveying, Inc. 1,190.99 54752 08/26/2011.0 Cogsdale Services Corporation 12,127.50 54718 08/26/2010 CORAZON ARANDA 117.65 54753 08/26/2010 Costco 50.00 54754 08/26/2010 C5-amsco 1,369.75 54755 08/26/2010 Culligan 1,754.30 54756 08/26/2010 Cummins Cab Pacific, LLC 120.05 54757 08/26/2010 Cynthia Botts 84.00 54758 08/26/2010 Datalok Orange County 359.18 54716 08/26/2010 Debra Aruffo 31.17 54759 08/26/2010 DeltaCare USA 376.59 54760 08/26/2010 Eisel Enterprises, Inc. 1,357.74 54761 08/26/2010 Fairweather Roofing, Inc. 1,620.00 54762 08/26/2010 Federal Express 9.57 54763 08/26/2010 Fleet Services, Inc 11.08 54764 08/26/2010 Fred Pryor Se rninars 335.00 54765 08/26/2010 Fry's Electronics 315.14 54766 08/26/2010 Haaker Equipment Co. 4,351.18 54767 08/26/2010 Dome Depot Credit Services 554.20 54768 08/26/2010 ID Modeling, nc. 27,310.00 Sewer Master Plan July Svcs 54769 08/26/2010 Infosend Inc. 3,290.96 54770 08/26/2010 Instant Sign Center 57.42 54715 08/26/2010 JESSIE V HOLLY 163.07 54771 08/26/2010 Joyce Dale Consulting 1,429.25 54772 08/26/2010 Karen Shea 80.42 54773 08/26/2010 Konica Minolta Business 286.07 54774 08/26/2010 Konica Minolta Business 47.04 54775 08/26/2010 Leighton Consulting, Inc. 5,722.15 54776 08/26/2010 Malcolm Pirnie, Inc. 25,118.50 Recycled Water study Jul Svcs 54777 08/26/2010 Matt Chlor Inc. 1,450.00 54778 08/26/2010 Mayer Print & Mail 1,789.00 54779 05/26/2010 Mc Fadden-Dale Hardware 226.90 5478D 08/26/2010 Measurement Control Systems 127.21 54781 08/26/2010 Miguel Serna 249.28 54752 08/26/2010 Minuteman Press 383.12 54783 08/26/2010 Nickey Petroleum Co 5,44214 54784 08/26/2010 Orange County - HCA 325.00 54785 08/26/2010 Orange County - I W M D 522.24 54786 08/26/2010 Orvac Electronics 219.99 54796 08/26/207.0 P.T.I. Sand & Gravel, Inc. 342.88 54787 08/26/2010 Pacific Coast Tool & 5upply 746.96 54788 08/26/2010 Parts Source Anaheim 133.21 54719 08/26/2010 PATRICIA A BERRICIS 30.94 54720 08/26/2010 Patty Markus 90.34 54789 08/26/2010 Pete's Road Service Inc 1,252.65 54790 08/26/2010 Placentia Disposal #676 573.96 54791 08/26/2010 Plumbers Depot Inc. 139.20 54792 08/26/2010 Praxair Distribution 407.72 54793 08/26/2010 Process Solutiorns, Inc. 475.00 54794 08/26/2010 Progressive Medical International 136.63 54795 08/26/2010 Prudential Group Insurance 3,034.77 54797 08/26/2010 Quinn Power Systems Associates 331.93 54801 108/26/2010 RJ Services, Inc 805.50 54798 08/26/2010 Raftelis Financial 8,992.33 54799 05/26/2010 Refrigeration Supplies 71.12 54800 08/26/2010 Rescue 411 92.44 54802 08/26/2010 Sanders Paving, Inc. 2,648.00 54803 08/26/2010 Schorr Metals; Inc. 24.03 54804 08/26/2010 Schuler Engineering Corp. 82,300.22 Highland prog pay July 54805 08/26/2010 Scott W. Moulton 3,761.25 54806 08/26/2010 SHRM 160.00 54807 08/26/2010 South Coast AQMD 1,206.63 54808 08/25/2010 Southern Calif Edison Co. 5,820.80 54809 08/25/2010 Southern Calif Gas Co. 14,047.67 54810 08/26/2010 Southwest Material 1,189.58 54811 02/26/2010 Stacy Bavol/Petty Cash 138.74 54812 08/26/2010 Staples Advantage 249.02 54813 08/26/2010 Steven Engineering 653.36 54814 08/26/2010 Sunrise Medical Group 301.00 54815 08/26/2010 Survival Kits Online 18100 54816 08/26/2010 Talley, Inc. 468.18 54817 08/26/2010 Taqueria La Cienega de Arandas 600.00 54818 08/26/2010 Tetra Tech, ISG 21,729.49 54819 08/26/2010 Time Warner Cable 297.64 54717 08/26/2010 TROY MOORE 49.02 54820 08/26/2010 United Rentals - Fullerton 308.99 54821 48/26/2010 Verizon Wireless 1,244.85 54822 08/26/2010 Wells Supply Co 10,367.07 54823 08/26/2010 Westside Building Material 199.93 54824 08/26/2x10 Xerox Corporation 1,322.35 54825 08/26/2010 Yorba Linda Hardware 119.00 Total $605,362.45 August 26, 2010 CHECK NUMBERS: Void Check 52304 $ (150.00) Computer Checks 54715- 54825 $ 605,512.45 TOTAL OF CHECKS $ 605,362.45 PAYROLL NO. 16: Computer Checks 4590 - 4597 Manual Checks 4598 - 4606 $ 239,316.41 DISBURSEMENT TOTAL: $ 844,678.86 APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF AUGUST 26, 2010 ITEM NO. 6.3 AGENDA REPORT Meeting Date: August 26, 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: Retention Reduction and Progress Payment No. 27 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 92% complete. Submitted for consideration is construction Progress Payment No. 27 and Retention Reduction to 5% for the project. STAFF RECOMMENDATION: That the Board of Directors approve Retention Reduction to 5% and approve Progress Payment No. 27, in the net amount of $82,300.22, to Schuler Engineering Corporation and 5% retention of $4,331.59, 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. 27 for the period ending July 31, 2010 and a request for retention reduction from 10% to 5%. The progress pay request includes payment for completion of overflow piping and reservoir electrical conduit and controls. The Contractor also completed wall footing drains and coating of the exterior of the reservoir roof. The reservoir has been placed on line, and the two steel temporary tanks have been demolished. The District is receiving beneficial use from the new reservoir as of July 14 and recommends reduced retention payments to 5% and releasing half of the retention held in escrow for the project. The status of the construction contract with Schuler Engineering is as follows: . The current contract amount is $9,442,378.87 and 851 calendar days (includes $393,032.87 in authorized change orders and additional 121 calendar days with approved time extensions). . If approved, Progress Payment No. 27 is $86,631.81 (0.9% of the revised contract amount) less 5% retention of $4,331.59 for a net payment of $82,300.22. . If approved, total progress payments to date including retentions are $8,697,229.03 (92.1 % of the total revised contract amount). . As of July 31, 2010, 790 calendar days were used (92.8% 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. 27 is attached for your information. PRIOR RELEVANT BOARD ACTION(S): The Board has approved 26 progress payments to date, the most recent of which was approved on July 8, 2010. ATTACHMENTS: Marro: Description: V Ype: Schuler Engineering PPR 27 Highland Reservoir.pdf Schuler Engineering PPR27 Highland Reservoir Backup Material Approved by the Board of Directors of the Yorba Linda Water District 8/26/2010 MB/JS 5-0 YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Highland Reservoir- PROGRESS PAY REQUEST NO. 27 LOCATION Yorba Linda PROJECT NO. J- PAGE 1 OF °I PAGES 200309 CONTRACTOR Schuler Engineering ~a DATE July 31, 2010 ORIGINAL CONTRACT" AMOUNT: $ 9,049,348.80 s l o2~/~J AUTHORIZED CHANGE ORDERS: $ 393,032.87 I.~ AUG 1 RECD REVISED CONTRACT AMOUNT: $ 9,442,378.87 PROGRESS PAY ESTIMATE FOR PERIOD Jul 1, 2010 TO Jul 37, 2010 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 8,185,166.87 $ 218,373.00 $ 8,403,539.87 CHANGE ORDER WORK COMPLETED $ 425,430.35 $ 131,741.19 $ 293,689.16 TOTAL VALUE OF WORK COMPLETED $ 8,610 597.22 $ 86,631.81 $ 8,697,229.03 LESS RETENTION 5 % $ 434,$61.45 LESS OTHER DEDUCTIONS AMOUNT DUE THIS ESTIMATE $ 8,262,367.58 LESS AMOUNT PREVIOUSLY PAID $ 8,180,067.36 BALANCE DUE THIS ESTIMATE $ 82,300.22 NOTICE TO PROCEED June 2,2008 COMPLETION TIME 734 CALENDAR DAYS APPROVED TIME EXTENSIONS 121 CALENDAR DAYS TOTAL CONTRACT TIME 851 CALENDAR DAYS TIME EXPENDED TO DATE 790 CALENDAR DAYS TIME REMAINING 81 CALENDAR DAYS REQUESTED BY: DATE: NV,LER- NGINEERiNG-CO TRAC OR Y Chas Wick • • DATE: - APPROVED BY: CAROLLO-OWNER S- REPRESENTA T IVE Brian Wilson APPROVED BY: DATE: YLWD- OWNER Steve Conklin ITEM NO. 6.4 AGENDA REPORT Meeting Date: August 26, 2010 Budgeted: N/A To: Board of Directors Funding Source: N/A From: Ken Vecchiarelli, General Manager Job No: J-200607 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: No Prepared By: Ariel Bacani, Engineering CEQA Compliance: N/A Technician II Subject: Declaration of Restrictive Covenants with Toll CA III, L.P., Tract 17030 SUMMARY: Toll CA III, L.P. requested District permission to construct walls and a gate along and across the District's dedicated water easement within Tract 17030. District staff reviewed the request and recommends approval subject to the execution of a Declaration of Restrictive Covenants. STAFF RECOMMENDATION: That the Board of Directors authorize the President and Secretary to execute the Declaration of Restrictive Covenants, subject to approval as to form by General Counsel, with Toll CA III, L.P., Job No. 200607. DISCUSSION: Toll CA III, L.P. requested District permission to construct a split face block wall and a low wall with wrought iron along and within the dedicated water easement on Lot 53 of Tract No. 17030, as shown on the enclosed exhibit. The proposed improvements will run parallel to the easement sidelines and across the easement in a perpendicular fashion. Staff reviewed the encroachment request and has determined that the improvements will also require an access gate for the maintenance of the District's facilities. To further protect the District's interests, staff recommends the execution of the attached Declaration of Restrictive Covenants, subject to approval as to form by General Counsel. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors has authorized the execution of similar declarations of restrictive covenants with various developers and property owners. ATTACHMENTS: Name: Description: Type: 200607 DoRC - Lot 53 of Tract 17030.pdf Declaration of Restrictive Covenants with Toll CA III, Agreement L. P. Approved by the Board of Directors of the Yorba Linda Water District 8/26/2010 MB/JS 5-0 RI:CORIANG REQUESTED BY and when recorded return to! Yorha Linda Water District P.O. Box 309 Ynrba Linda, California 92885-0309 'this is to certify that this Declaration of Restrictive Covenants is presented for recording under the provisions of Gov. Code Sec. 27383 by the Yorha Linda Water District in performance of an official serAce [hereof: Kenneth R. Vecchiarelli - Secretary _ Space Abc)ve This L me Inr ReQordrr's Use l)ECLAIIAXION OF RESTRICTIVE, COVENANTS (ENCROACHMENT ON' DISTRICT EASEMENT) Job No. 200607 THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration'") is made this 26th clay of August, 2010, by and between YORBA LINDA WATER DISTRICT ("YLWD"), a public agency, created and operating under the authority of Division 12 of the California Water Code, and TOLL CA III, L.P., A LIMITED PARTNERSHIP ("Owner"), with reference to the following recitals of fact: RECITALS A, The Ovvner is the le(,al owner of that certain real property located at 18280 Spyglass Hill, Yorba Linda, California 92886 ("Subject Property"), which is more particularly described as follows: LOT NO. 53 OF TRACT NO, 17030, IN TI II CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SFIOWN ON A MAP THEREOF RECORDED IN BOOK 897, PAGES 42 Tl IR011-01 t 47 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. B. YLWD owns an 1 aseinent, as identified on the Tract Map No, 17030, recorded on December 31, 2008, in Instrument No. 2008000596270, Official Records of Orange County, California ("Easement"), across a portion of the Sub,iect Property. Within the Easement, YLWD owns and maintains a water nnain (`District Facilities"). i C. The Owner desires to constrict and install a low= wall with wFrought iron, a split face black wall, a ten-foot wide gate, landscaping (by successive owner), and related construction (collectively herein referred to as "Improvements") within and along the Easement area (hereinafter, "Encroachment"), as illustrated in Exhibit "A" attached hereto and incorporated by reference herewith. D. YI,WD conditionally consents to Encroachment of the Improvements within and along the Easement area as stipulated in this Declaration. Owner is aware that the Improvements may lead to problem-, affecting and/or interfering with YI,WD's use of the Easement. E. Although the construction or existence of walls, structures, and other improvements within and along the Easement area may interfere or restrict YLWD's Easement rights, the Ow=ner wishes to construct and use the Improvement within and along the Easement area. NOW, THEREFORE, incorporating the above recitals, YLWD and Owner declare as follows. 1. Covenant Runniins with Land. This Declaration constitutes a cov=enant running with the land as provided by the California Civil Code Section 1468 and shall benefit, burden, and bind the successive ow=ners of the Subject Property and the Easement. 2. Successors and Assif!ns Sound. Since Owner wishes to pursue the Encroachment, this Declaration obligates the current and future owners of the Subject Property to remedy any future adverse events and to fund any necessary maintenance costs on the Easement ambor Subject Property that may arise in full or in part due to the existence, cottstrucdorl, or damages caused by the Encroachment. 3. Damagesto District Facilities. Owner assumes full responsibility, liability and shall pay for any cost(s) or damage(s) to the District Facilities and apptzrtClIant structures, arising from or related to the construction, CXistenee, and;'or use of the Improvements. YLWD shall not be responsible for any cost(s) or damage(s) to the District Facilities and appurtenant structures that arise from the Encroachment. 4. Damages to Third Parties. Owner, its successors or assifnis, agrees to indcn~t~ify and hold YLWD, its officers, directors, employees, agents and consultants, harmless against any third 2 party claims related to or arising out of the construction, existence and/or use of the Improvements. Damayres to Improvements. Owner acknowledges that the Improvement may be damaged or demolished to permit reasonable access to or reasonable work within acid under the Easement area. YLWD, its officers, directors, employees, agents and consultants, shall not be responsible for any damage(s) to or because of the Improvement which results from YLWD's exercise of rights under the Easement. Owner, its successors or assigns, waives all known, unknown, and future claims, liabilities, causes of action, and expenses (including, but not limited to, attorneys' fees) against YLWD, its officers, directors, employees, agents and consultants, for losses and damages to the Improvement and from any obligation to protect, preserve, repair, or replace the Improvement. Construction, use, protection, repair and replacement of the hnprovement shall be entirely the risk and obligation of Owi-icr, its successors or assigns, even if damage is caused by YI,WID. 6. Recording of Agreement. This Declaration shall be recorded in the Office of the Recorder of the County of Change, California, and shall constitiitc notice to all successors and assigpis of the title to the Subject Property of the rights and obligations set forth herein. 3 Approved as to Form: McCormick; Kidman Behrens, LLP YORBA LINDA WATER DISTRICT: Arthur G. Kidman William R. Mills General Counsel President Kenneth R. Vecchiarelli Secretary TOLL [:A III. L.P. A LIMITED I?AItTNERSIIIP Title: .7 Name: Title. 4 DECLARATION OF RESTRICTIVE COVENANTS TRACT 17030 LOT 53 I Sip ! GLA STS HILL 32.6' F-1 J , i J 5-j 9s t' I I 4R 5,rt1 ; r s.~ 30 '5.6 SAS .s, SO EASEMENT 15' YL WD ESMT. u' J 1.11 I GFF_~7~. 4S 17 E SPLIT FACE I ~I 3LOCK N11 Cr '53 I 1- _ - ~ r 9 LOW WALL W/WROUGHT IRON I I _ - _ _ - - a August 10, 2010 Prepared For: TOLL BROTHERS INC. 715 TOWN A LY7mny RLd giro 5 EXHIBIT -mm 4x ORANCZ CA 92Dw I By: M. Jensen " f v~+i TRACT 17030 - LOT 53 Ck'd BY: T. Spencer Prepared By., VISTA [7E~ VfI~G3 ® HUNSJ~.KER & ASSOCIATES ~yq R V f N E I N C VV.O. 1443-17030 f'LANNINC ENCINFFR[NC SURVEYING Three Hughes - Irvine, CA 92616 - PK. 949) 583-1010 Fk: ;9d' 91 13.0759 "\She7J-Yorha Linda\ Gradrng\ Fq\ V'NQge-4\ Plannrnq Area - U\Exhr6its\de60r0600 ❑'f covenantSLlOf 53.dwg CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of = On before me, h;. C' 1 , Date Here Ins Nam . Td.r ,.1 ~Ir~q r y,y~. personally appeared"S L!~1 Name(s) of S!qnw(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he-./their authorized capacity(ie0 and that by his/her/their signature(s) on the instrument the person( s,). or the entity upon behalf of which the person(as) acted, executed the instrument. REBECCA C. q~ I certify under PENALTY OF PERJURY under the laws Gonnission ii3P~5135 of the State of California that the foregoing paragraph is Notary Public - C&Wenft true and correct. Orange Cow q WITNESS`mv hand and official seal. 1 Signature I'I.•ac;rr Notary Seal Al;cv[: --;iignat!i'n n? Ncat ary Ruk~4iC - - - - OPTIONAL Though the information below is not regwred by law, it may prove valuable -a persons relying on the document and could prevent fraudulerf removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacit►y(les) Claimed by Signer's) Signer's Name: _ Signer's Name: . 1 1 Individual Individual I I Corporate Officer - Title(s): - Corporate Officer - Title(s): - I Partner - ! Limited General _ Partner - `i Limited , General 1 1 Attorney in Fact Attorney in Fact • I 1 Trustee Toy cf th r t; hrs`^ Trustee TOW of hu r hi:'r, I I Guardian or Conservator Guardian or Conservator 1 I Other: _ Other:. Signer Is Representing: Signer Is Representing:. I ,010t77 Nat ;:!ral Notary Aa oration ° 9050 De Soto Ave, PO Box 2,M2 +UhWsw.:rtn, CA 91 T.3 2~G2 = wvm.NatioralNotary nrq Item 45907 1ieor3rr: Call Toll-Free t-80M76 W37 ITEM NO. 6.5 AGENDA REPORT Meeting Date: August 26, 2010 Budgeted: N/A To: Board of Directors Cost Estimate: ($68,000) Grant Funding Source: N/A From: Ken Vecchiarelli, General Manager Presented By: Pat Grady, Assistant General Dept: Finance Manager Reviewed by Legal: Pending Prepared By: Stephen Parker, Finance CEQA Compliance: N/A Director Subject: Approval of MWDOC Grant Participation Agreement SUMMARY: For the Board's review and approval is the MWDOC Tiered Rates Grant Participation Agreement. MWDOC staff drafted the agreement and have worked with the participating Orange County retail agencies in completing this agreement. The agreement document and its attachments are quite lengthy, and as such have been posted in their entirety on the District's website. Hard copies of these documents are also available for review in the office of the General Manager. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to execute the MWDOC Tiered Rates Grant Participation Agreement subject to approval as to form by General Counsel. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee discussed this item at its meeting held August 17, 2010 and supports staff's recommendation. The Committee further suggested staff save paper and labor resources by posting the agreement electronically and having a paper copy available for review. DISCUSSION: The Grant Participation Agreement with MWDOC is the result of a Department of Water Resources (DWR) grant awarded to MWDOC to promote water conservation rate structures. This grant assists a number of MWDOC's retail agencies in examining various aspects of water budget rate structures. The rate study is separated into three phases with the retail agencies having the option of participating in each phase. Yorba Linda Water District is participating in Phase 1 (Water Rate Development) and Phase 3 (Billing and Accounting System Needs), but not Phase 2 (Use of Parcel Data for Water Budget Development). Staff has reviewed the language as it pertains to the District's ability to receive payment for their portion of the grant. Under this agreement, Yorba Linda Water District is eligible for up to $68,000 in grant funds with a local match of $166,000, for a total expenditure of $234,000. The District understands that expenditures eligible for the MWDOC Grant include hiring a consultant for the Cost of Service and Water Rate Study currently in progress (including RFP preparation and consultant selection), costs related to implementation of the utility billing software required to process a new rate structure and in-house labor related to these efforts. As of June 30, 2010, the District has incurred almost $195,000 in qualifying expenses. Therefore, staff believes that by the time the water rate study is complete, the District will receive the full $68,000 in grant funds available under the agreement. PRIOR RELEVANT BOARD ACTION(S): On March 11, 2010, the Board of Directors approved a Professional Services Agreement with Raftelis Financial Consultants, Inc. to conduct a Cost of Service and Water Rate Study that would include not only a water budget based rate structure, but also a modified uniform rate structure alternative. In the motion which was seconded and approved five to zero, the Board further determined that any such rate structure would not become effective until after July 1, 2011, that the rate structure alternatives would be included in the updated Urban Water Management Plan due June 30, 2011, and that shadow billing would be conducted for 4-6 months prior to implementing any new rate structure. ATTACHMENTS: Narne: Description: ype: M W DOC_Tiered_Rates_Grant_Participation_Agreement - MWDOC Grant Participation Agreement Backup Material ( 7-1-10).doc Approved by the Board of Directors of the Yorba Linda Water District 8/26/2010 MB/JS 5-0 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 Agreement for Participation in Water Budget Based Tiered Rate Grant Program THIS AGREEMENT ("Agreement"), dated this day of , 20107 is made between the Municipal Water District of Orange County (MWDOC), the City of Buena Park (Buena Park), the City of Fountain Valley (Fountain Valley), the City of Huntington Beach (Huntington Beach), the City of San Juan Capistrano (San Juan Capistrano), East Orange County Water District (EOCWD), the El Toro Water District (ETWD), the Mesa Consolidated Water District (Mesa Consolidated WD), the Moulton Niguel Water District (MNWD), the Yorba Linda Water District (YLWD), the Santa Margarita Water District (SMWD), the South Coast Water District (SCWD), the City of Newport Beach (Newport Beach), and the City of Garden Grove (Garden Grove), referred to individually as "Party" and collectively as "Parties" herein, for the purpose of ensuring participation and local match funding under a grant program for developing and implementing water budget based tiered rate structures. Recitals WHEREAS, the State of California is experiencing a water supply crisis due to a variety of factors, including naturally occurring drought conditions and judicial orders for decreased water deliveries to Southern California from the State Water Project; and WHEREAS, based on the current water supply, Metropolitan Water District of Southern California (Metropolitan) has imposed mandatory water rationing in 2009 and 2010; and WHEREAS, water conservation in the form of budget based tiered rates is a proven method of water conservation and an important additional conservation measure that should be considered by all water providers; and WHEREAS, the investment in technology and manpower required to develop and implement a water budget based tiered rate structure is significant, and pooling the resources of numerous cities and agencies will enhance efficiency and allow economies of scale; and WHEREAS, MWDOC and a number of its retail agency customers submitted a Grant Proposal to the California Department of Water Resources proposing to examine the costs, issues and water savings associated with implementation of Budget Based Tiered Rates for Water Management and Droughts (Grant Study); and 1 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 WHEREAS, the California Department of Water Resources approved the Grant Study proposal and awarded $685,000 in grant funds (DWR Grant) to MWDOC to cover a substantial portion of an overall program with an estimated total cost of $2,390,695; and WHEREAS, Buena Park, Fountain Valley, Huntington Beach, San Juan Capistrano, EOCWD, ETWD, Mesa Consolidated WD, MNWD, YLWD, SMWD, SCWD, Newport Beach and Garden Grove (Participants) are MWDOC retail customers who have agreed to participate in the Grant Study; and WHEREAS, MWDOC has already entered into an agreement with DWR (Attachment D) that establishes the rights and obligations of MWDOC and any participating agencies under the DWR Grant, including reports and local match requirements; and WHEREAS, MWDOC and the Parties further require the Agreement set forth herein in order to ensure compliance with the DWR Grant, establish a scope of work for the Grant Study, set a schedule, outline the rights and obligations of the Parties, and establish cost allocation principles for how the Grant funding will be shared; and WHEREAS, certain elements of the Grant Study require the assistance of outside consultants, which shall be retained by MWDOC or the individual agencies, as provided herein. NOW THEREFORE, the Parties agree as follows: 1. PROJECT OVERVIEW The purpose of the Grant Study is to assist a number of MWDOC's retail water agencies in examining various aspects of water budget rate structures, including the feasibility, approach and implementation of water budget rate structures. The Grant Study will be conducted in three phases, although not every Participant will participate in every phase. The phases are: Phase 1: Water Rate Development Phase 2: Use of Parcel Data for Water Budget Development Phase 3: Billing and Accounting System Needs (hardware and software) As Grantee under the DWR Grant, MWDOC will work with the Participants in a group setting from time to time to discuss elements of all three phases. In addition, separate meetings between MWDOC and the individual Participants will focus in greater detail on the policy and technical issues associated with water budgets. Individual Participant meetings will be held with the appropriate policy-makers and senior staff to receive input on the type of water budget best suited for each Participant. In addition, a 2 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 billing system compatibility analysis will be conducted and different implementation options will be provided for each Participant in that phase of the study. The Grant Study will also outline the financial and political aspects of water budgets and will position the retail agencies to implement water budgets for equitable allocation of water under a continuing rationing scenario. The main goal of the Grant Study is to help urban communities cope with water shortages and drought conditions, but the water management benefits of a water budget based rate structure will continue to accrue each and every year. Equitable allocation of indoor and outdoor water needs by account will allow the Participants to determine quickly and accurately which accounts are over their allotment. Based on this information, a water purveyor can focus its resources on saving water from these accounts based on price and/or other complementary device-based conservation programs. In this manner, the flexibility of water budgets makes them the most equitable mechanism for water conservation. Agencies with sewer rates based on water consumption will also benefit by the reduction in treatment costs. All legal issues, including compliance with the California Environmental Quality Act (CEQA), will be handled by the individual Participants through their own legal counsel. Legal costs so incurred can be used as local matching funds. MWDOC has taken the position that for purposes of the Grant Study, no action by MWDOC is required for CEQA compliance. An independent CEQA determination should be made by each Participant pursuant to advice from its legal counsel. 2. CONSULTING CONTRACTS (PHASES 1 AND 3) To secure the required expertise and assistance in rate making, rate modeling and implementation of budget based tiered rates, the Parties and MWDOC conducted a selection and due diligence process to identify consultants to be hired by MWDOC. This process included (1) collecting information about qualifications of potential consultants from Participants, (2) working with Participants to identify and complete due diligence to establish qualifications for potential consultants, (3) MWDOC soliciting Statements of Qualifications from a number of consultants and selecting the consultants to be hired directly by MWDOC, and (4) Participants reviewing and hiring consultants based on their own administrative procedures. At all times MWDOC advised the Participants that they were free to utilize consultants selected by Participants or others with whom Participants have already worked on related activities. This multi-pronged process to establish and evaluate qualifications resulted in a consensus for MWDOC to hire Raftelis Financial Consultants for the Phase 1 Water Rate Development and Red Oak Consulting for Phase 3 Billing and Accounting System Needs. This process included input from Participants who were already working with Raftelis and Red Oak on related activities. Pursuant to these efforts, the Parties agree and hereby direct that MWDOC shall enter into agreements with both Raftelis Financial Consultants and Red Oak Consulting, a division of Malcolm Pirnie, to provide consulting services in support of the Grant 3 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 Study. Shown below is a table indicating which agencies will be hiring their own consultants and which ones will be utilizing the MWDOC retained consultants. Use of Consultants for DWR Budget Based Tiered Water Rates Phase 2 Phase 3 Digital Phase 1 Rate IT Hardware Participant Mapping Structure Software 1. Garden Grove Yes 2. Buena Park Own* RedOak hired by MWDOC 3. Yorba Linda WD Own Own 4. South Coast WD Yes Own Own 5. El Toro WD Yes Own Own 6. Huntington Beach Own RedOak hired by MWDOC 7. Moulton Niguel Yes Own Own 8. SMWD Yes 9. Newport Beach Raftelis hired RedOak hired by MWDOC by MWDOC 10. San Juan Capistrano Yes 11. East Orange County WD Yes Own Own 12. Mesa Consolidated WD Yes 13. Fountain Valley Own Raftelis for RedOak for Management 14. MWDOC of Grant Management hired by of Grant hired MWDOC by MWDOC * "Own" indicates the Participant will retain its own consultant The Grant Study approved by DWR requires completion of ten (10) tasks, as described more fully in Section 4 below. Each task requires certain activities by MWDOC as the Grantee and certain activities by one or more of the Participants, depending on which of them are participating in a particular task. For completion of the Study Tasks, MWDOC's responsibilities include: 4 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 a. Management and administration of consulting service contracts with Red Oak Consulting (Attachment B) and Raftelis Financial Consultants (Attachment C). b. Management, facilitation and administration of the Grant Study process with the Participants, including the tracking, monitoring and reporting of in-kind contributions. c. Invoicing the Participants and paying the consultants hired by MWDOC. d. Administration of the DWR Grant agreement (Attachment D), including tracking local contributions toward the local match amount and working with the Participants to ensure to the fullest extent possible that all DWR funds are utilized. For completion of the Study Tasks, the Participants' responsibilities include: a. Participate and cooperate with MWDOC, other Grant Study Participants and all consultants hired for the Grant Study, including by responding to information requests on a timely basis. b. Attendance at workshop meetings. c. Assigning staff to attend individual meetings with Grant Study consultants. d. Keeping accurate and complete records of in-kind contributions to submit for credit toward the Participant's local match amount, which can include direct payments for services related to any aspect of the Grant Study, the value of staff time expended in furtherance of the Grant Study, legal fees and costs incurred in connection with participation in the Grant Study, and other fees and costs for consultants hired in connection with participation in the Grant Study, if any. e. Taking all reasonable steps available to maximize all local match opportunities so that the full amount of the grant from DWR can be utilized. The Parties are collectively responsible for providing an overall local contribution of 71 % of the full cost of the Grant Study. The Parties hereby acknowledge that if the local contribution falls below 71 % of the full cost of the Grant Study, DWR will reduce its contribution so as to maintain a 29% share and funds otherwise available under the DWR Grant will not be available for the Grant Study. MWDOC will work with the Parties, individually and collectively, to ensure that all DWR funds are utilized to the maximum extent possible. 5 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 3. DIGITAL MAP PRODUCTS (DMP) CONTRACT (PHASE 2) To develop estimates of the irrigable area for all parcels within the service area of the Participants, the Parties conducted due diligence and negotiations with Digital Map Products ("DMP") on a sole source basis because DMP is the only provider of the services required by the Grant Study known to the Parties to be operating in Orange County, California. Pursuant to these efforts, the Parties agree and hereby direct that MWDOC shall enter into an agreement with Digital Map Products to provide consulting services in support of the Grant Study (Attachment A). The contract with Digital Map Products was initiated in October 2009 under separate action by MWDOC and certain other interested Participants: 1. Garden Grove 2. South Coast WD 3. El Toro WD 4. Moulton Niguel 5. SMWD 6. San Juan Capistrano 7. East Orange County WD 8. Mesa Consolidated WD The eight Participants listed above requested that at such time as the DWR Grant is restarted, the Phase 2 work by Digital Map Products work be included under the Grant Agreement for cost-sharing. Because the mapping work included the entire county, the Participants agreed that in the future additional agencies could be allowed access to the mapping work for their service area at any time on the following terms. Each new agency desiring to participate in the mapping effort in the future would be required to pay an amount equal to the cost of the DMP contract, divided by the total number of entities ultimately participating in the mapping work. In the event new agencies are added to the mapping work, already participating entities will be credited or refunded a proportion of their previous commitment in order to make costs for all agencies participating in the mapping equal. Grant funds will not be made available to new agencies being brought into the mapping work. At this time, the cost of the Digital Map Products contract is estimated at $98,400 in total. The main deliverable from DMP will be a web-delivered database for each Participant. The format of the database will be Excel. The database will include the following information: ■ Assessor's Parcel Number ■ Detailed Physical Address ■ Type/Classification of Parcel ■ Retail Water Agency Service Area 6 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 ■ Area measurement employing two methodologies ■ Assessor's Database Method o Gross size of parcel o Irrigated Area Method 1 = Gross size less (2 times the building) size o Irrigated Area Method 2 = To Be Developed using existing data ■ Remote Sensing Classification Information Method o Parcel size o Impervious Area o Irrigated Turf Area o Irrigated Shrubs & Tree Area o Other Vegetated Area o Pools (yes/no, area) o Non-irrigated Vegetated o Total irrigated area of parcel ■ Tabulations summed per Participant for the two area measurement methodologies A second deliverable from DMP will be for each of the Participants to have access to the Digital Map Products City GIS Product for a one-year period. Digital Maps will also include a layer of the infrared imagery into the delivery system. This will allow time for the Participant to utilize the delivered database and make necessary decisions regarding implementation of budget based rates. Obtaining a continuation of these services or additional services from DMP thereafter must be by separate contract and at each Participant's sole cost. The cost for maintaining the City GIS service only for the delivered database for each additional year is $1,000 per Participant. For the DMP Contract, MWDOC's responsibilities include: ■ Management and administration of the contract with DMP. ■ MWDOC will also work to ensure that the efforts completed herein will be eligible for inclusion with the Budget Based Tiered Water Rate Grant from DWR. ■ Management and facilitation of the work and communication between the Participants and DMP. ■ Invoicing the Participants for the Study Deposit Amount, paying DMP, and providing an accounting of the Study Deposit Amounts to the Participants. The Participants' responsibilities include: ■ Provision of information as requested on a timely basis and participation and cooperation with MWDOC and DMP. ■ Attendance at meetings. ■ Payment for their share of the Digital Maps Product contract. ■ Integration of the final database into the Participants' respective billing and accounting systems. This only applies to Participant's that proceed into the implementation phase and change their water rate structure. 7 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 4. TEN TASKS OF THE GRANT STUDY The ten tasks required by the Grant Study are standard tasks based on the American Water Works Association Rates and Charges Manual, which is the industry standard for water rate setting. Task 1: General Administration and Report Preparation for All Agencies. Task 1 includes general administration and coordination among the Parties and consultants; quarterly progress report preparation and invoicing are included, as is a joint agency kickoff meeting to be held at the commencement of the Grant Study. MWDOC staff will be facilitating and managing the Grant Study on behalf of all of the Participants. Task 2: Identify Cost and Agency Revenue Requirements Task 2 involves identification of annual cash requirements to pay for the associated costs of maintaining water agency operations, while still meeting debt coverage ratio and reserve requirements. Each Participant in the Water Rate Development process will complete this task on their own. Task 3: Cost of Service Analysis MWDOC will conduct a workshop with the Participants in the Water Rate Development Process to provide information and background on how to conduct a cost of service analysis. Individual Participants will develop details on customer classes and fixed versus variable costs. Task 4: Develop Rate Structure and Water Budgets Another workshop will be held with the Participants in the Water Rate Development Process to discuss Rate Structures and Water Budgets, including the following three topics or subtasks: a. Policy Factors for Indoor / Outdoor Allocation - Develop policy options associated with indoor and outdoor water allocations. These policy options will serve as the foundation for developing water budgets. b. Development of Water Budget Database - Based on the policy option developed in the above task, each retail agency will develop the appropriate allocation factor for each account. MWDOC will utilize DMP to develop estimates of irrigable area for each parcel. These estimates will be developed based on calculations approved by the Participants, parcel data from the Assessor's Office and infrared map overlays that will identify estimated irrigation areas for each parcel. This information will be incorporated into a water budget database that will allow formulation of a monthly water budget for each parcel. In lieu of the DMP data, Participants can use data developed from other sources. 8 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 c. Model Development and Testing - Utilizing the water budget database as one of the model drivers, each agency will develop a water budget model to populate with data for their agency. The water budget models will provide Participants with an ability to conduct "what if" scenarios. The models will perform: 1) fixed/variable rate adjustment, 2) water budget allocation, 3) revenue analysis, and 4) typical monthly bills comparisons. Task 5: Legal Input - Proposition 218 Compliance Each Participant shall have its own attorney provide input and advice on water budget based rates and compliance with provisions of Proposition 218. The indemnification of MWDOC and the State set forth below in this Agreement expressly includes, without limitation, any administrative or legal action related to Proposition 218. Task 6: Billing and Accounting System Needs and Options To support the implementation of the water budget based rate structure, the Phase 3 work will include an assessment of current customer service and billing practices and a review of the information systems used for Customer Information and Billing purposes. The ability of the current system will be compared with new requirements for handling budget based tiered rates and a gap analysis report will be prepared. This report will make recommendations for either a change in procedures or a change in systems and will provide suggested tasks, a schedule and an estimate of costs. Implementation of any billing or information system changes will be the responsibility of each Participant. Task 7: Outreach MWDOC and the Participants will develop generalized information templates for use by Participant's moving into implementation. Each individual Participant will then develop specific outreach materials and a tailored approach for its own use. The main goal of this task is to educate the public on the benefits associated with water budgets and how they function. 9 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 Task 8: Implementation of Budget Based Tiered Rates Up to four Participants are expected to implement water budget based rate structures as a final step in the Grant Study. To support these Participants, MWDOC and its consultants hired as provided herein will be available to attend Board of Directors or City Council meetings and will develop presentation templates outlining options for generalized customer support. Individual Participants are responsible for all implementation phases and customer support within their service areas. Task 9: Final Report MWDOC, with the assistance of its consultants and each Participant, will develop individual reports that summarize the activities, findings and conclusions for each Participant. These reports will discuss the individual budget allocation used and the expected savings to be achieved. An overall report summarizing the results will be prepared for submittal to DWR and will be available to the Participants. Task 10: Monitoring and Evaluation After the completion and submittal of the final report, MWDOC and each Participant will be responsible for conducting annual monitoring and evaluation reports to determine actual savings from this project. MWDOC will summarize the analysis for DWR. 5. SCHEDULE The general schedule for the Grant Study is outlined below. Based on the State freezing and restarting the grant, DWR will allow MWDOC and the Participants to go back to October 14, 2008 to capture matching costs expended after that date. The Digital Mapping effort began in October 2009. The DWR Contract, including the one- year extension, goes until May 2012. Following is the estimated task schedule, assuming a start month of June 2010: 10 Budget Based Tiered Rate Grant Schedule Work Phase Item Timing Code* IT 1. Workshop on IT, Billing, Software March 15, 2010 DM 2. Delivery of 2009 Digital Mapping Data March 15, 2010 DM 3. Training on LandVision by Digital Maps March - April 2010 WR 4. Workshop on Water Rate Structures May 2010 (estimated) IT 5. Workshop with Potential Software Vendors (may be May/June combined with other activities) (estimated) 6. Finalize Agreements with Agencies & Consultants (Notice June, 2010 to Proceed) (estimated) PR 7. First Progress Report to DWR July 2010 IT 8. Complete Initial Assessment on IT, Billing, Software September 2010 PR 9. Second Progress Report to DWR October 2010 IT 10. Initiate Detailed IT, Billing, Software -where required November 2010 WR 11. Complete Primary Work on Water Rate Structures January 2011 PR 12. Third Progress Report to DWR January 2011 PR 13. Fourth Progress Report to DWR April 2011 IT 14. Complete detailed IT, Billing, Software - where required July 2011 WR 15. Agencies moving to implementation - complete and January 2012 implement all work on Rate Structures PR 16. Fifth Progress Report to DWR July 2011 17. Complete all work with Agencies on all Phases January 2012 PR 18. Sixth Progress Report to DWR October 2011 PR 19. Final Progress Report to DWR January 2012 20. Begin Five Year Monitoring Program January 2012 21. DWR Agreement End Date May 2012 * Work Phase Code: IT = IT, Billing, Software activities DM = Digital Mapping activities WR = Water Rate Structure activities PR = Progress reporting activities 11 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 6. DELIVERABLES MWDOC will submit the quarterly reports to DWR documenting progress, task completion, and project success, the "Draft Final Report" due at Agreement end date, the "Final Report" due approximately one month following the Agreement end date, and "Annual Updates on Benefits & Costs" for 5 consecutive years following completion of the Grant Study. The projected benefits will be validated through data analysis. In addition to the deliverables required by DWR, MWDOC will also submit to DWR the "Rate Structure Recommendations Reports" and "Billing and Accounting System Needs and Options Reports" (one each per participating agency). 7. PHASES OF PROJECT PARTICIPATION The Participants will participate in the three Phases of the Grant Study as they choose and will receive a share of the grant funds based on their participation in each Phase as outlined in Attachment E. 8. GRANT SHARING Attachment E provides the basis for sharing in the grant funds from DWR. The conditions for receipt of Grant Funds by the Participants includes: o Must provide 71 % local funds or in-kind services to receive up to 29% grant funds, up to max in Attachment E. o Grant funds shown in Attachment E cannot be exceeded unless other Participants do not use all of the grant funds they were allocated. o Participants may utilize excess matching funds from other Participants toward their own local match, if the funds are available for that purpose. 9. OUTREACH, COMMUNITY INVOLVEMENT, AND ACCEPTANCE Outreach and community involvement activities (see Task 7) are an important component of the Grant Study, especially for any Participant proceeding into full implementation of budget based tiered rates. Outreach will begin when needed by an agency and extend through adoption and implementation of the rate structure. The Parties and their consultants shall include appropriate acknowledgement of credit to the State of California, Department of Water Resources and to all cost-sharing partners for their support when promoting the Grant Study or using any data and/or information developed under the Agreement. 12 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 10. BUDGET The total cost for the Grant Study is $2,390,695. The total DWR Grant amount awarded is $685,000, subject to Parties' local matching share of $1,705,695, or 71 % of the total amount. 11.COST SHARING Attachment E provides the basis for sharing in the grant funds from DWR. MWDOC will monitor and track the level of expenditures for each Participant. The goal is to complete the work with the highest quality and lowest cost possible and with a percentage local match of 71 % or greater. 12.INVOICING Amounts due for the DMP contract will be invoiced as an up-front deposit. For other consultants hired by MWDOC, invoices shall be sent to the agencies on a quarterly basis concurrently with MWDOC's quarterly invoices to the State. Payments for consultants hired directly by the Participants are the responsibility of the Participants. Reports on payments made directly by each Participant for costs incurred and for staffing and other internal costs shall be submitted to MWDOC on a quarterly basis. 13. INDEMNIFICATION AND HOLD HARMLESS a. General: Each Party agrees to indemnify, defend at its own expense, including attorneys' fees, and hold each other Party harmless from and against all claims, costs, penalties, causes of action, demands, losses and liability of any nature whatsoever, including but not limited to liability for bodily injury, sickness, disease or death, property damage (including loss of use) or violation of law, caused by or arising out of or related to any negligent act, error or omission, or willful misconduct of that indemnifying Party, its officers or employees, or any other agent acting pursuant to its control in the performance of this Agreement. b. As to MWDOC: The Participants, and each of them, agree to indemnify, defend at their own expense, including attorneys' fees, and hold MWDOC harmless from and against all claims, costs, penalties, causes of action, demands, losses and liability of any nature whatsoever related to an administrative or legal challenge to any Party's action, or inaction, with respect to a water budget based rate structure. 13 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 c. As to State: MWDOC and each Participant agrees to indemnify the State and its officers, agents, and employees against and to hold the same free and harmless from any and all claims, demands, damages, losses, costs, expenses, or liability due or incident to, either in whole or in part, and whether directly or indirectly, arising out of the Grant Study. 14. INSPECTIONS BY STATE The State of California, acting by and through the Department of Water Resources, shall have the right to inspect the work being performed by the Participants at any and all reasonable times during the term of the Agreement. This right was established as to MWDOC in the DWR Grant agreement, and by express requirement it must be extended by MWDOC to this Agreement and all Participants. 15. WORKERS' COMPENSATION CLAUSE Each Participant affirms that it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and each Participant affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision. 16.AMERICANS WITH DISABILITIES ACT By signing this Agreement, each Participant affirms that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. 17. DRUG-FREE WORKPLACE CERTIFICATION OF COMPLIANCE By signing this Agreement, each Participant certifies that it has a drug-free workplace program that meets the requirements of Government Code 8350 et seq. with respect to employees who may work directly in the expenditure of grant funds. ) MWDOC's Drug and Alcohol Free Workplace Program is attached as Attachment F, and MWDOC shall implement its program as required in connection with administration of the DWR Grant. 14 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 18. NON DISCRIMNATION CLAUSE During the performance of this Agreement, the Participants shall not deny the Agreement's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, or sex. The Participants shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. The Participants shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections 11135-11139.5) and the regulations or standards adopted by DWR to implement such article. The Participants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The Participants shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement. The Participants' signatures on this Agreement shall constitute a certification that each signing Participant has, unless exempted, complied with the nondiscrimination program requirements of Government Code, Section 12990, and Title 2, California Code of Regulations, Section 8103. 19. TERM Unless terminated earlier as provided in this section, the term of this Agreement shall run concurrently with the term of the agreement between MWDOC and DWR, which runs until May 15, 2012. Alternatively, this Agreement runs until completion and payment of all costs of all Phases of the Project or until termination of the DWR Contract, whichever occurs earlier, unless the Agreement is terminated earlier by a majority of the Parties pursuant to Section 26 below. This Agreement may be modified by written agreement of the Parties, including modification to extend the term to be made consistent with any extensions provided by DWR for its contract. Pursuant to the DWR Grant agreement, the Project is considered to be completed or terminated for purposes of the DWR Grant only when so determined by DWR. 15 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 20. NOTICE Any notice, invoice, payment made pursuant to this Agreement shall be sent to the Parties at their respective addresses shown below. If to City of Buena City of Buena Park Park: 6650 Beach Blvd. Buena Park, CA 90622 Attn: Rick Warsinski, City Manager If to City of Garden City of Garden Grove Grove: P.O. Box 3070 Garden Grove, CA 92842 ATTN: Matthew Fertal, City Manager If to City of Huntington City of Huntington Beach Beach: 2000 Main Street Huntington Beach, CA 92648 ATTN: Fred Wilson, City Administrator If to City of Newport City of Newport Beach Beach P.O. Box 1768 Newport Beach, CA 92663 ATTN: Dave Kiff, City Manager If to East Orange East Orange County Water District County: 185 N. McPherson Rd. Orange, CA 92869 ATTN: Lisa Ohlund, General Manager If to Fountain Valley: City of Fountain Valley 10200 Slater Ave Fountain Valley, CA 92708 ATTN: Ray Kromer, City Manager If to San Juan City of San Juan Capistrano Capistrano: 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTN: Joe Tait, City Manager If to Mesa Mesa Consolidated Water District Consolidated WD: 1965 Placentia Avenue Costa Mesa, CA 92627-3420 ATTN: Paul Shoenberger, General Manager 16 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 If to El Toro Water El Toro Water District District: P.O. Box 4000 Laguna Hills, CA 92654 Attn: Robert Hill, General Manager If to MNWD: Moulton Niguel Water District 27500 La Paz Road P.O. Box 30203 Laguna Niguel, CA 92607-0203 ATTN: Robert Gumerman If to MWDOC: Municipal Water District of Orange County 18700 Ward St. P.O. Box 20895 Fountain Valley, CA 92728 ATTN: Kevin P. Hunt If to Santa Margarita Santa Margarita Water District Water District: P.O. Box 7005 Mission Viejo, CA 92690 ATTN: John J. Schatz, General Manager and General Counsel If to South Coast South Coast Water District Water District: 31592 West Street Laguna Beach, CA 92651 ATTN: Michael Dunbar If to Yorba Linda Yorba Linda Water District Water District: 1717 E. Miraloma Placentia, CA 92870 ATTN: Ken Vecchiarelli, General Manager Parties may change their address for this purpose by giving written notice to the other Parties as provided herein. 21.TIMELINESS Time is of the essence in this Agreement. 22.AMENDMENTS The Agreement may be amended at any time by mutual agreement of all Parties set forth in a written instrument and executed by all Parties. 17 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 21ASSIGNMENT No Party may assign or otherwise assign or transfer any rights, interests or obligations under this Agreement without the written consent of all Parties. Once an assignment or transfer occurs with such consent, this Agreement and all of its provisions shall apply to and bind the successors and assigns of the Parties. 24.SEVERABILITY The partial or total invalidity of one or more provisions of this Agreement will not invalidate the remaining provisions. 25.GOVERNING LAW This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Venue for any action filed by any Party or Parties related to this Agreement shall be Orange County, California. 26. TERMINATION OF AGREEMENT This Agreement may be terminated by a majority of Parties by action of their respective governing boards or councils. Upon termination, the Parties shall remain responsible for their share of costs up to the time of termination, as well as reasonable close-out costs, if any. 27. COUNTERPARTS This Agreement and any amendment hereto may be executed in two or more counterparts, and by each Party on a separate counterpart, each of which, when executed and delivered, shall be an original and all of which together shall constitute one instrument, with the same force and effect as though all signatures appeared on a single document. 28. SIGNATURES The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective agencies. IN WITNESS WHEREOF, the PARTIES have executed this Agreement as of the date below. 18 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 Date Date By By Michael P. Dunbar Kevin P. Hunt General Manager General Manager SCWD MWDOC Approved as to Form: Approved as to Form: Date Date By: Betty Burnett By: General Counsel Daniel J. Payne General Counsel Date Date By By Robert Gumerman Paul Schoenberger General Manager General Manager MNWD Approved as to Form: Approved as to Form: Date Date By: By: Patricia B. Giannone Robert Anslow General Counsel General Counsel 19 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 Date Date By By City of Buena Park City of Garden Grove Rick Warsinski Matthew Fertal City Manager City Manager Approved as to Form: Approved as to Form: Date Date By: By: Steven L. Dorsey Thomas F. Nixon City Attorney City Attorney Date Date By By City of Huntington Beach City of San Juan Capistrano Fred Wilson Joe Tait City Administrator City Manager Approved as to Form: Approved as to Form: Date Date By: Jennifer McGrath By: City Attorney Omar Sandoval City Attorney 20 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 Date Date By By El Toro Water District East Orange County Water District Robert Hill Lisa Ohlund General Manager General Manager Approved as to Form: Approved as to Form: Date Date By: By: Gil Granito Joan Arneson General Counsel General Counsel Date Date By By Yorba Linda Water District Santa Margarita Water District Ken Vecchiarelli John J. Schatz General Manager General Manager and General Counsel Approved as to Form: Date By: Arthur G. Kidman General Counsel 21 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 Date Date By By City of Newport Beach City of Fountain Valley Dave Kiff Ray Kromer City Manager City Manager Approved as to Form: Approved as to Form: Date Date By: Robin Clauson By: City Attorney Alan R. Burns City Attorney 22 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7-1-10 Attachment A = Digital Map Contract Attachment B = Red Oak Consulting Contract Attachment C = Raftelis Financial Consultants Attachment D = DWR Grant Contract Attachment E = Grant Sharing Summary Attachment F = MWDOC Drug and Alcohol Free Workplace Program 23 Agreement Agreement for Participation in Water Budget Based Tiered Rate Grant Program DRAFT 7 -1 -10 Attachment E Budget Based Tiered Water Rates Grant Sharing Proposal - April 2010 Participants Phase 2 Digital Mapping Phase 1 Rate Structure Phase 3 IT Hardware Software Max Grant Funds Approximate Minimum Total Funds to Meet 71% Local Match Approximate Local Funds to Meet 71% Match 1. Garden Grove Yes 3,000 10,000 7,000 2. Buena Park X X 68,000 234,000 166,000 3. Yorba Linda WD X X 68,000 234,000 166,000 4. South Coast WD Yes X X 71,000 245,000 174,000 5. El Toro WD Yes X X 71,000 245,000 174,000 6. Huntington Beach X X 68,000 234,000 166,000 7. Moulton Niguel Yes X X 71,000 245,000 174,000 8. SMWD Yes 3,000 10,000 7,000 9. Newport Beach X X 68,000 234,000 166,000 10. San Juan Capistrano Yes 3,000 10,000 7,000 11. East Orange County WD Yes X X 71,000 245,000 174,000 12. Mesa Consolidated WD Yes 3,000 10,000 7,000 13. Fountain Valley X 34,000 117,000 83,000 14. MWDOC + contingency Yes 83,000 286,000 203,000 Total 9 9 8 685,000 2,362,000 1,674,000 Unit Grant Share Per Activityl 3,0001 34,0001 34,000 Total Per Categoryl 27,0001 306,0001 272,0001 605,000 Conditions for Receipt of Grant Funds: 1. Participants must provide 71% local funds or in -kind services to receive up to 29% grant funds, up to max in the table. 2. Grant funds shown in Table cannot be exceeded unless some Participants don't use all funds. 3. Participants may "utilize" excess matching funds not required by other Participants, if available. Pz! Attachment F MWDOC's DRUG AND ALCOHOL FREE WORKPLACE PROVISIONS Section 1. Introduction Using, possessing, purchasing, selling, negotiating sale or purchase or being under the influence of drugs, or being under the influence of alcohol, during working time, or on District premises, including parking lots, or while operating a personal vehicle on company business, is absolutely forbidden and will result in discharge or other discipline as the District deems appropriate. Section 2. Prescription Drugs: The use of prescription drugs which would not alter an employee's work performance is acceptable, if prescribed to the employee by a licensed healthcare provider. In the event there is a question regarding an employee's ability to perform assigned duties safely and effectively while using such drugs, clearance from a licensed health care provider may be required before the employee is allowed to resume the employee's regular duties. Section 3. Employees Duties and Responsibilities A. Notify their supervisor before beginning work when taking drugs (prescription or non-prescription), which the employee reasonably believes may interfere with the safe and effective performance of their duties; B. Not report to work, be at work, or work while under the influence of, or while his or her ability to perform job duties is impaired due to, on or off-duty alcohol or drug use; C. Not possess or use alcohol or impairing drugs or substances while on duty, at work, or working; D. Not directly, or through a third party, sell or provide drugs or alcohol to any person, including an employee, while either or both employees is on duty, at work, or working; E. Submit immediately to an alcohol or drug test when directed by a supervisor or manager; F. Provide, within 24 hours of request, bonafide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug screen/test is positive. The prescription must be from a licensed health care provider and in the employee's name; and G. Report any conviction received pursuant to a criminal drug statute for violations for conduct occurring on or off District premises while conducting District business. A report of conviction must be made to the Administrative 25 Services Manager within five (5) days after conviction, as mandated by the Federal Drug-Free Workplace Act of 1988. H. The unlawful manufacture, distribution, dispensing, possession or consumption of any controlled substance is prohibited anytime an employee is on duty, at work or working. 1. Any violation of this section and other provisions of this Policy may result in discipline, up to and including termination. Section 4. Alcohol at District Sponsored Events: With prior approval of Management and in Management's sole discretion, the District may allow employees to consume moderate amounts of alcohol at District sponsored social events outside of normal business hours where such use is appropriate in the circumstances. Employees who are found to be under the influence of alcohol, or who engage in misconduct at such events, are subject to discharge or discipline, in accordance with District processes and procedures. Section 5. Pre-Employment Testing: A. As a condition of every offer of employment or any promotion or new assignment, the District reserves the right to require any new hire to undergo and successfully complete a blood, urine, or other chemical test for drugs or alcohol. B. The drug and/or alcohol test may test for any substance which could impair an employee's ability to perform the functions of their job effectively and safely, including, but not limited to, prescription drugs, alcohol, and other controlled substances. C. All testing (including sample collection, chain of custody and laboratory services) shall be conducted in accordance with the approved procedures of the substance Abuse and Mental Health Services Administration, formerly NIDA. The results of testing shall be reviewed by a medical review officer, who shall be a licensed physician, possessing appropriate training, and knowledgeable about substance abuse disorders. D. Pre-employment drugs and/or alcohol test result. 1. A positive result form a drug and/or alcohol analysis may result in the applicant not being hired where the applicant's use of drugs and /or alcohol could affect requisite job standards, duties or responsibilities. 2. If a drug screen is positive at the pre-employment physical, the applicant must provide, within 24 hours of the request, bona fide verification of a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant's name or the applicant does not provide acceptable verification, or if the drug is one that is likely 26 to impair the applicant's ability to perform the job duties, the applicant may not be hired. Section 6. Reasonable Cause Testing: A. As a condition of continued employment, the District may require any employee to undergo and successfully complete a blood, urine, or other chemical test for drugs or alcohol whenever the District has reasonable suspicion to believe the employee is under the influence of or impaired by drugs or alcohol while on duty, at work, or working. B. A determination that an employee is under the influence of or impaired by drugs or alcohol will be based on specific personal observations of any of the following, which alone or in combination, may constitute reasonable suspicion depending upon the circumstances in which the behavior is observed and/or reported: 1. Bloodshot eyes; 2. Glassy eyes; 3. Dilated pupils; 4. Slurred Speech; 5. Odor on breath; 6. Drowsiness; 7. Euphoria; 8. Mood swings; 9. Inattentiveness; 10. Excitement and confusion 11. Irritability; 12. Aggressiveness; 13. Shaking or erratic movement; 14. Disorientation; 15. Unsteady walking and movement; 16. An accident involving District property, where it appears the employee's conduct is at fault; 17. Physical altercation; 18. Verbal altercation; 19. Unusual behavior; 20. Use or possession of alcohol, drugs or paraphernalia; and/or 21. Information obtained from a reliable person with personal knowledge. 27 C. Any Manager or supervisor requiring an employee to submit to a drug/and or alcohol test should document in writing the facts constituting reasonable suspicion that the employee in question is impaired or under the influence. A manager or supervisor's failure to comply with this paragraph does not invalidate the directive to submit to testing. D. All testing will be conducted at a clinic or laboratory selected by the District, with appropriate safeguards for privacy, confidentiality, and accuracy. Test results will be kept confidential to the fullest extent required by law, and will be maintained separate from the individual's personnel file. All testing (including sample collection, chain of custody and laboratory services) shall be conducted in accordance with the approved procedures of the Substance Abuse and Mental Health Services Administration, formerly NIDA. The results of testing shall be reviewed by a medical review officer, who shall be a licensed physician, possessing appropriate training, and knowledgeable about substance abuse disorders. The manager of supervisor may arrange for the employee to be transported to a testing facility, and then home afterwards. The manager or supervisor may also notify appropriate law enforcement agencies. E. The reports or test results may be disclosed to District management on a strictly need-to-know basis and to the tested employee upon request. Disclosures, without patient consent, may also occur when: (1) the information is compelled by law or pursuant to a lawfully issued subpoena; (2) the information has been placed at issue in a formal dispute between the employee and the District; (3) the information is to be used in administering an employee benefit plan; or (4) the information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure. F. Managers and supervisors shall notify their department head or designee when they have reasonable suspicion to believe that an employee may have controlled substances in his or her possession or in an area not jointly or fully controlled by the District. If the department head or designee concurs that there is a reasonable suspicion of illegal drug possession, the department head shall notify the appropriate law enforcement agencies. Employees are required to cooperate with the District and its clinic or laboratory in conducting tests. Employees who refuse to undergo testing or who interfere with the testing process, including but not limited to interference by unreasonable delay or contamination or tampering of the sample, will be subject to immediate discharge or discipline. Employees who test positive, fail to cooperate with testing procedures, or otherwise violate this policy are subject to discharge or other discipline. In any case involving unusual or extenuating circumstances, the District in its sole discretion may allow an applicant or employee who tests positive to commence or continue employment, subject to the condition that the employee undergo some form of treatment for addictions or abuse of drugs and alcohol as 28 determined by the District, in its sole discretion and submit to periodic or random testing as required by the District. Section 7. Accommodation for Drug and Alcohol Rehabilitation Programs: The District will reasonably accommodate any employee who comes forward before violating this policy and requests to enter voluntarily into a drug or alcohol rehabilitation program. Such requests will be kept confidential as provided by law. Once an employee violates this policy, however, any request to enroll in a rehabilitation program in lieu of discharge or discipline will be left to the sole discretion of the District, and will require random testing and other necessary follow-up measures. Employees who wish to enroll in drug or alcohol rehabilitation are encouraged to come forward before they are found in violation of this policy. 29 ITEM NO. 6.6 AGENDA REPORT Meeting Date: August 26, 2010 To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Stephen Parker, Finance Dept: Finance Director Reviewed by Legal: N/A Prepared By: Delia Lugo, Senior Accountant CEQA Compliance: N/A Subject: Unaudited June 2010 Budget to Actual Results STAFF RECOMMENDATION: That the Board of Directors receive and file the Unaudited June 2010 Budget to Actual Results. COMMITTEE RECOMMENDATION: The Finance-Accounting Committee discussed this item at its meeting held August 9, 2010 and supports staff recommendation. DISCUSSION: Attached are the budget to actual summary results for the Water and Sewer Enterprise Funds. Overall, the District fell short on revenues and balanced that factor with reduced expenses. All year- end accruals have been made, but there is the possibility that these numbers will vary from our audited financials by any adjustments the auditors recommend. Major items to note are: . Operating revenues ended at 96% of budgeted revenue. The largest contributor of not making budget is due to additional conservation efforts. As a result of the rate increase that took effect in September 2009, revenues as a total figure are $2.7M higher in the current fiscal year with $24.OM. . Variable expenses ended at 87% of budgeted expenses, whereas in the prior year, variable costs totaled 97% of budget. 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. Due to lower water purchases, associated lower energy costs and strategic optimization of import water purchases, variable expenses are $171,000 lower than last year despite the substantial 19% MWD increase effective September 1, 2009. . Depreciation expense is 16% higher than the prior year due to fixed asset projects that have been closed and have begun depreciation in the current year. . Supplies and services are at 81 % of budgeted levels as a result of aggressive efforts by staff to limit or defer expenditures in areas that are under staff's control. PRIOR RELEVANT BOARD ACTION(S): On June 10, 2010, the Board received and filed the March 2010 Budget to Actual Results. ATTACHMENTS: !blame: Description: Type: Water Sewer June 2010 B.xls Water Sewer June 2010 Backup Material Water June 2010 B.xls Water June 2010 Backup Material Sewer June 2010 B.xls Sewer June 2010 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 8/26/2010 MB/JS 5-0 Yorba Linda Water District Summary Financial Report Water & Sewer Funds For the Twelve Months Ended June 30, 2010 Annual % of Budget Actual Annual Budget FY 09/10 YTD through Amended Amended 10/21/09 June 30, 2010 10/21/09 Revenue (Operating): Water Revenue (Consumption & Flat Charge) $23,027,872 $21,806,164 94.69% (Restricted for Debt Service) - (2,400,382) Sewer Revenue 1,276,000 1,288,522 100.98% Other 648,892 902,295 139.05% Total Operating Revenue: 24,952,764 21,596,599 96.17% Expenses (Operating): Variable Water Costs (G.W., Import & Power) 12,259,937 10,688,317 87.18% Salary Related Expenses 7,355,049 6,677,528 90.79% Supplies & Services 4,479,584 3,610,052 80.59% Depreciation & Amortization 4,540,800 4,851,960 106.85% Total Operating Expenses: 28,635,370 25,827,857 90.20% Operating Income (Loss) (3,682,606) (4,231,258) 114.90% Revenue (Non-Operating): Interest and Investments 127,900 244,857 191.44% Property Taxes 1,200,000 1,269,440 105.79% Debt Service Income (through water revenue) - 2,400,382 Other 185,500 756,050 407.57% Total Non-Operating Revenue: 1,513,400 4,670,729 308.62% Expenses (Non-Operating): Interest on Long Term Debt (1,981,300) (940,098) 47.45% Other Expense (201,800) (228,651) 113.31% Total Non-Operating Expenses: (2,183,100) (1,168, 749) 53.54% Non-Operating Income (Loss) (669,700) 3,501,980 Net Income (Loss) (4,352,306) (729,278) 16.76% Contributed Capital 265,202 8,392,135 3164.430 Capital - Direct Labor (451,296) Yorba Linda Water District Water Fund For the Twelve Months Ended June 30, 2010 FY 2010 % of Annual June Actual Annual Budget FY 2010 YTD Budget Revenue (Operating): Water Revenue (Residential) $17,692,953 $1,920,379 $16,583,856 93.73% (Restricted for Debt Service) - ($267,425) ($2,400,382) 0.00% Water Revenue (Commercial & Fire Det.) 1,680,500 $522,321 $2,041,590 121.49% Water Revenue (Landscape/Irrigation) 3,654,419 $364,167 $3,129,871 85.65% Water Revenue (Service Charge) $50,847 $50,847 0.00% Other Operating Revenue 643,792 $199,270 $887,465 137.85% Total Operating Revenue: 23,671,664 $2,789,559 20,293,247 95.87% Expenses (Operating): Variable Water Costs (G.W., Import & Power) 12,259,937 $1,158,066 10,688,317 87.18% Salary Related Expenses 6,538,008 $754,486 5,862,777 89.67% Supplies & Services: Communications 268,694 $25,906 282,591 105.17% Contractual Services 964,090 $92,036 966,724 100.27% Data Processing 116,148 ($10,986) 70,032 60.30% Dues & Memberships 30,068 $2,509 29,740 98.91% Fees & Permits 50,160 $1,385 55,991 111.62% Insurance 342,433 $20,566 204,884 59.83% Materials 427,424 $67,600 515,548 120.62% District Activities, Emp Recognition 13,832 ($99) 2,968 21.46% Maintenance 384,362 $3,418 131,661 34.25% Non-Capital Equipment 139,910 $14,789 104,782 74.89% Office Expense 66,775 $3,850 31,158 46.66% Professional Services 763,760 $35,791 398,636 52.19% Training 61,518 $4,976 35,696 58.03% Travel & Conferences 48,892 $226 13,971 28.58% Uncollectible Accounts 47,320 $34,535 34,952 73.86% Utilities 27,027 $7,415 105,003 388.51% Vehicle Equipment 279,683 $13,994 243,904 87.21% Supplies & Services Sub-Total 4,032,096 $317,911 3,228,241 80.06% Depreciation & Amortization 3,945,750 $385,588 4,259,918 107.96% Total Operating Expenses 26,775,791 $2,616,051 24,039,253 89.78% Operating Income (Loss) (3,104,127) $173,508 (3,746,006) 120.68% Revenue (Non-Operating): Interest 120,900 $25,101 227,525 188.19% Property Taxes 1,092,000 $132,555 1,269,440 116.25% Debt Service Income (through water revenue) - $267,425 2,400,382 Other Non-Operating Revenue 272,862 $148,196 640,773 234.83% Total Non-Operating Revenue: 1,485,762 $573,277 4,538,120 143.88% Expenses (Non-Operating): Interest on Long Term Debt (1,981,300) $850,331 (939,555) 47.42% Job Closing Expense (40,000) $0 0.00% Other Expense (154,500) ($5,790) (219,826) 142.28% Total Non-Operating Expenses: (2,175,800) $844,541 (1,159,381) 53.29% Non-Operating Income (Loss) (690,038) $1,417,818 3,378,739 Total Income (Loss) $ (397949165) $195919326 $ (3679267) 9.68% - Contributed Capital $ 91,000 $1,272,491 7,093,568 7795.13% Capital - Direct Labor $35,859 428,141 Yorba Linda Water District Sewer Fund For the Twelve Months Ended June 30, 2010 FY 2010 % of Annual June Actual Annual Budget FY 2010 YTD Budget Revenue (Operating): Sewer Charge Revenue $1,160,000 $96,581 $1,184,401 102.10% Locke Ranch Assessments 116,000 $125 $104,121 89.76% Other Operating Revenue 5,100 $11,833 $14,830 290.78% Total Operating Revenue: 1,281,100 $108,539 1,303,352 101.74% Expenses (Operating): Salary Related Expenses 817,041 $107,503 $814,751 99.72% Supplies & Services: Communications 26,654 $1,735 $27,331 102.54% Contractual Services 137,255 $4,616 $137,314 100.04% Data Processing 11,487 $1,964 $9,977 86.85% Dues & Memberships 3,360 $60 $3,009 89.55% Fees & Permits 6,040 $505 $5,150 85.26% Insurance 33,867 $0 $18,229 53.83% Materials 21,301 $2,159 $15,078 70.79% District Activities 1,368 ($10) $294 21.49% Maintenance 29,789 $4,938 $14,145 47.48% Non-Capital Equipment 18,631 $1,091 $12,281 65.92% Office Expense 9,550 $381 $2,854 29.88% Professional Services 78,240 $14,846 $75,029 95.90% Training 8,632 $619 $4,185 48.48% Travel & Conferences 6,893 $22 $1,305 18.93% Uncollectible Accounts 4,680 $6,660 $6,660 142.31% Utilities 2,673 $733 $10,385 103.42% Vehicle Equipment 47,068 $1,505 $38,585 81.98% Supplies & Services Sub-Total 447,488 $41,824 381,811 85.32% Depreciation & Amortization 595,050 $49,594 $592,042 99.49% Total Operating Expenses 1,859,579 $198,921 1,788,604 96.18% Operating Income (Loss) (578,479) ($90,382) (485,252) 83.88% Revenue (Non-Operating): Interest 7,000 $2,116 17,333 247.61% Property Taxes 108,000 $0 0 0.00% Other Non-Operating Revenue 77,840 $10,635 115,276 148.09% Total Non-Operating Revenue: 192,840 $12,751 132,609 68.77% Expenses (Non-Operating): Interest on Long Term Debt (543) (543) Job Closing Expense (5,000) $0 - 0.00% Other Expense (2,300) $0 (8,825) 383.70% Total Non-Operating Expenses: (7,300) ($543) (9,368) 128.33% Non-Operating Income (Loss) 185,540 $13,294 123,241 66.42% Total Income (Loss) $ (392,939) ($103,676) $ (362,011) Contributed Capital $74,240 $68,165 $1,298,569 1749.15% Capital - Direct Labor ($1,554) ($23,155) ITEM NO. 6.7 AGENDA REPORT Meeting Date: August 26, 2010 Budgeted: N/A To: Board of Directors Funding Source: N/A From: Ken Vecchiarelli, General Manager Presented By: Stephen Parker, Finance Director Dept: Finance Reviewed by Legal: N/A Prepared By: Delia Lugo, Senior Accountant CEQA Compliance: N/A Subject: Investment Report for the Period Ending June 2010 SUMMARY: Government Code Section 53607, et, seq., requires the person delegated to invest funds to make a quarterly report of the investments to the legislative body. STAFF RECOMMENDATION: That the Board receive and file the Investment Report for the Period Ending June 2010 . COMMITTEE RECOMMENDATION: The Finance-Accounting Committee discussed this item at its meeting held August 9, 2010 and supports staff recommendation. DISCUSSION: Staff is submitting the June 2010 Monthly Investment Report for your review and approval. This report ends the fourth quarter for FY 2009/10. The Investment Portfolio Report presents the market value and percent yield for all the District investments by institution. The Investment Report Summary includes budget and actual interest and average term portfolio information as well as market value broken out by reserve categories. The total average portfolio yield for the month of June 2010 was 0.83%. PRIOR RELEVANT BOARD ACTION(S): Investment reports are presented to the Board of Directors on a quarterly basis. The Investment Report for the quarter ending March 31, 2010, was received and filed by the Board of Directors on May 27, 2010. ATTACHMENTS: 0`I~~ozie: I~escrifxticn: i ype: Invst Rpt 6-10.xlsx Portfolio Report Backup Material Agenda 8-9 backup-June 2010.docx Backup Backup Material Approved by the Board of Directors of the Yorba Linda Water District 8/26/2010 MB/JS 5-0 Yorba Linda Water District Investment Portfolio Report June 30, 2010 Market % Percent Investment Maturity Value Cost of Total Institution Yield Date Date Cash & Checking Accounts: $ 639,440 $ 639,440 Wells Fargo Bank N/A $ 639,440 $ 639,440 1.86% Total 0.00% Money Market Accounts: $ 1,530,303 $ 1,530,303 Wells Fargo Money Market 0.30% N/A $ 1,530,303 $ 1,530,303 4.46% Total 0.00% $ 2,169,743 $ 2,169,743 6.32% Sub-total 0.00% Money Market Account: $ 10,620,078 $ 10,620,078 US Bank 2008 Revenue Bond 0.20% $ 10,620,078 $ 10,620,078 30.95% 0.00% CaITRUST $ 1,054,092 $ 1,054,092 Heritage Money Market Fund 0.25% $ 4,334,024 $ 4,329,303 Ca1TRUST Short Term 0.59% $ 16,132,130 $ 16,062,065 Ca1TRUST Medium Term 1.40% $21,520,246 $21,445,460 62.73% 0.00% $ 34,310,067 $ 34,235,281 100% Total Investments 0.00% Per Government Code requirements, the Investment Report is in compliance with the Yorba Linda Water District's Investment Policy, and there are adequate funds available to meet budgeted and actual expenditures for the next six months. Delia Lugo, Senior Accountant 6/30/2010 Investment Report Summary Below is a chart summarizing the yields as well as terms and maturities for the month of June 2010: Avg. Portfolio Avg. Portfolio # of Avg. Term Month Yield Without Yield With Days to of Portfolio of 2010 Wells Capital Wells Capital Maturity in Days June 0.83% 0.83% 368 229 Below is a chart comparing operating fund interest for current and prior fiscal years. Actual Interest 6/30/09 6/30/10 Monthly, Operating Fund $ 489 $ 1,279 Year-to-Date, Operating Fund $ 6,655 $ 28,869 Budget 2008/2009 2009/2010 Interest Budget, Operating Fund, June YTD $64,500 $7,500 Interest Budget, Operating Fund, Annual $64,500 $7,500 Interest earned on investments is recorded in the Fund that owns the investment. Investment Summary Comparison The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds is as follows: Fund Description Balance 6/30/10 Water Operating 477,224 1.39% Water Emergency Reserve 2,061,154 6.02% Water Capital Project Reserve 18,088,535 52.86% Water Reserve for Debt Service 1,056,585 3.09% COP Revenue Bond 2008 - Reserve 2,147,096 6.27% COP Revenue Bond 2008 8,472,981 24.76% Sewer Operating 1,184,561 3.46% Sewer Emergency Reserve 524,017 1.58% Sewer Capital Project Reserve 190,470 0.57% $34,220,625 100.00% Wells Fargo Bank Checking Water Operating 170,638 Sewer Operating 8( 1,196) 89,442 Total 34.310.067 ITEM NO. 6.8 AGENDA REPORT Meeting Date: August 26, 2010 Budgeted: N/A To: Board of Directors Funding Source: N/A From: Ken Vecchiarelli, General Manager Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: No Prepared By: Cindy Botts, Management Analyst CEQA Compliance: N/A Subject: Proclamation Recognizing the Centennial Anniversary of the Association of California Water Agencies SUMMARY: The Association of California Water Agencies (ACWA) was formed in 1910 as a collection of five irrigation districts who wished to create one voice and lay the groundwork for developing California's water supply and delivery system. Today, ACWA is the largest coalition of public water agencies in the country and is a leader on California water issues and a respected voice for its members in the legislative and regulatory arenas in both Sacramento and Washington, D.C. STAFF RECOMMENDATION: That the Board of Directors approve the proclamation recognizing ACWA on their 100 year anniversary. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee discussed this item at its meeting held August 17, 2010 and supports staff recommendation. DISCUSSION: The Association of California Water Agencies (ACWA) celebrated its centennial anniversary in May 2010, with the theme of "A Century of Leadership, Vision for the Future". As part of this year-long celebration, ACWA is requesting proclamations from its member agencies recognizing and congratulating ACWA on its anniversary milestone. These proclamations will then be collected and posted on ACWA's website as part of their Anniversary Celebration archives. ATTACHMENTS: Name: Description: Type: ACWA Centennial PROCLAMATION.docx ACWA Centennial Proclamation Backup Material Approved by the Board of Directors of the Yorba Linda Water District 8/26/2010 MB/JS 5-0 A PROCLAMATION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT IN RECOGNITION OF THE 100 YEAR ANNIVERSARY OF THE ASSOCIATION OF CALIFORNIA WATER AGENCIES WHEREAS, the Association of California Water Agencies (ACWA) is celebrating its centennial anniversary in May 2010; and WHEREAS, the theme for this 100th anniversary celebration is "A Century of Leadership, Vision for the Future"; and WHEREAS, ACWA was formed in 1910 when a group of five irrigation districts came together to create one voice and lay the groundwork for developing California's water supply and delivery system; and WHEREAS, their work would be reflected over the next 100 years in scores of local, regional and statewide water projects that together have allowed California to grow and prosper; and WHEREAS, ACWA today is the largest coalition of public water agencies in the country and is a leader on California water issues and a respected voice for its members in the legislative and regulatory arenas in both Sacramento and Washington, D.C.; and WHEREAS, the association was established to assist its members in promoting the development, management and reasonable beneficial use of good quality water at the lowest practical cost in an environmentally balanced manner; and WHEREAS, to achieve this goal, the association represents the interests of its public water agency members at the state and federal levels and keeps its members and other key audiences informed on water issues of interest to them; and WHEREAS, for a century ACWA has been a guiding force in California water policy and continues to help shape the laws, policy and regulations that affect the state's urban and agricultural water users. WHEREAS, ACWA and its public agency members will continue to seek a vision for California's water future. NOW, THEREFORE, IT IS PROCLAIMED by the Board of Directors of Yorba Linda Water District that the ASSOCIATION OF CALIFORNIA WATER AGENCIES (ACWA) be formally recognized and congratulated on their centennial anniversary. PROCLAIMED this twenty-sixth day of August 2010. William R. Mills President of the Board of Directors Kenneth R. Vecchiarelli General Manager ITEM NO. 6.9 AGENDA REPORT Meeting Date: August 26, 2010 To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Pat Grady, Assistant General Dept: Administration Manager Prepared By: Pat Grady, Assistant General Manager Subject: Posting of Job Classifications and Salary Ranges SUMMARY: The State Controller's Office recently directed all cities and counties to post salary information of their employees. Currently, this requirement does not apply to water districts. STAFF RECOMMENDATION: That the Board of Directors approve the posting of employee job classifications, salary ranges and labor agreements on the District's website. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee discussed this item at its meeting held August 17, 2010 and supports staff recommendation. DISCUSSION: As the District continues to promote openness and transparency with its activities, staff is recommending that YLWD job classifications, salary ranges and labor agreements be made available to the public on the District's web site. Notwithstanding the State's directive, District staff believes posting this information also assists other public agencies when they conduct salary surveys and gather benefit information. Currently, staff is required to gather and send this information manually upon a request from another agency. With the information available on the web site, the manual process would be eliminated. Attached for the Committee's review is an article from the Orange County Register related to this issue. ATTACHMENTS: filar e: Descilpflon: a y e: OCRegister.pdf OCRegister Article Backup Material Approved by the Board of Directors of the Yorba Linda Water District 8/26/2010 MB/JS 5-0 Print Article: O.C. cities dash to post personnel salaries Page 1 of 2 THE ORANGE COUNTY 0 Y RECjISTER O.C. cities dash to post personnel salaries By DOUG IRVING 2010-08-06 16:37:07 Billy L. Hutchinson went public recently - Facebook public - with his r small piece of the answer to a question that has settled across Y1~ KOrange County in the choppy wake of a government pay scandal. "You can't pick up a newspaper without reading about public sector compensation," the chief of police in Brea and Yorba Linda typed into his Facebook page. "In the interest of transparency, I am posting my annual salary: $189,862." Revelations from the tiny city of Bell in Los Angeles County - where the city manager made nearly $800,000 a year - have started a run on such transparency in Orange County. More than a dozen cities have posted salary information on the front pages of their websites in an effort to put some sunshine between them and Bell. UPDATE Report: Bell city manager's pay: $1.5 million Most other cities here have made at least some salary information available on their websites, but it's often tucked away on inside pages - and requires a solid grounding in government finance to understand. And, as the Orange County Register's OCWatchdog blog has reported since May in a series of articles about what city managers make, other perks - from pension payments to car allowances - can significantly drive up overall compensation. Government pay is very much in the spotlight these days. But even now, the level of information easily available to the public varies widely from city to city. "I thought, you know what, people are curious. They want to know," Hutchinson said of his decision to publicize his salary on Facebook. "Quite frankly, in my opinion, they have the right to know." You do have the right to know. The California Supreme Court ruled in 2007 that government salaries are open to the public. "Openness in government is essential to the functioning of a democracy," Chief Justice Ronald M. George wrote. And, with few exceptions, you can find salary information on your city's website - if you know where to look. Most have posted their labor agreements and salary tables under "Personnel" or "Human Resources." Only Stanton and Aliso Viejo don't appear to have their labor agreements or salary tables easily accessible online. The county also has posted its salary tables online, but they're so hard to find that it's easier to type "salary" into the search bar on the front page of its website. You'll then have to guess which of more than 1,300 results have what you're looking for. Click on "Salary Schedules" and then on "Title Schematics" in the right-hand column. The information isn't pretty to the naked eye - not for the county, not for the cities. Most salary tables show a range of possible pay rates for each employee, from the receptionist to the city manager. They don't say exactly how much those employees really take home, or how much extra they receive in benefits http://www.ocregister.com/common/printer/view.php?db=ocregister&id=261114 8/11/2010 Print Article: O.C. cities dash to post personnel salaries Page 2 of 2 and perks. They also often leave out the City Manager, City Council and other high-level - and highly paid - officials that have individual contracts. Under the law, those contracts should be available to anyone who asks. Some cities have tried to make things a little easier in the weeks since the Los Angeles Times began exposing the high salaries paid in the small city of Bell. At least 14 Orange County cities have posted homepage links to salary details for their city managers, city council members and other top-level city employees. Those show, for example, that Irvine pays its city manager a base salary of nearly $258,000, and the finance director in Villa Park makes just north of $85,000. City council members in Lake Forest make $8,448 a year, while those in Yorba Linda get a $36-a-month cell phone allowance in addition to monthly pay of $530. La Palma launched what it calls the "La Palma Transparency Webpage," with information about how much its city manager and city council makes, and links to its labor agreements. Newport Beach City Manager Dave Kiff posted a letter on his city's website, titled "What I Earn." The answer: $225,000 a year plus benefits. Officials in several other cities said they are working to make salary information more easily to find on their websites. Tustin has talked about creating a one-stop website with key city documents, including salary information. In Santa Ana, "we are sure looking for ways to make it easier to use," City Manager David Ream said. Costa Mesa is working to update its website with salary information that officials said will be "very simple, very clear" for residents. "I think that compensation is the rawest of raw nerves right now," said Terry Francke, general counsel for the open-government group Californians Aware. "And the officials know it. They also know that, beyond question, their compensation is a matter of public record." The state controller's office put an exclamation point on that last week, when it directed all cities and counties to supply pay information that it intends to compile for a statewide website. The office plans to post the pay of every employee in every city and county - "from police chiefs to lifeguards," spokesman Jacob Roper said. It won't include public employees who work for school districts, water districts and other special service districts, Roper said. And the controller's office is still determining what benefits and other perks it will include in its figures; "we're interested in more than just base salary," Roper said. The salary scandal in Bell "has gotten the public's attention like you cannot believe," said Shirley Grindle of Orange, who has spent her life fighting for more transparency in local government. Now, she added, "We cannot let it blow over." Register staff writers Jaimee Lynn Fletcher, Michael Mello, Annie Burris, Lou Ponsi, Cindy Carcamo, Deepa Bharath, Jessica Terrell, Sean Emery, Eugene Fields, Amanda Portillo, Kristine Guerra and Elysse James contributed to this report. Contact the writer: 714-704-3777 or dirvinq(a)ocregister.com © Copyright 2010 Freedom Communications. All Rights Reserved. Privacy Policy I User Agreement I Site Map http://www.ocregister.comlcommon/printer/view.php?db=ocregister&id=261114 8/11/2010 O.C. cities dash to post personnel salaries I city, salary, information - News - The Orange Page 1 of 1 City salaries online Fourteen cities in Orange County have posted salary details for their city managers and city councils on their website homepages: • Brea • Cypress • Fullerton • Irvine • La Habra • La Palma • Laguna Beach • Laguna Woods • Lake Forest (City Council only) • Newport Beach • Placentia • San Clemente • Villa Park • Yorba Linda http://www.ocregister.conVnews/city-261114-salary-information.html 8/11/2010 ITEM NO. 6.10 AGENDA REPORT Meeting Date: August 26, 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: N/A Prepared By: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: Reschedule Board Meetings SUMMARY: On November 11, 2010, November 25, 2010 and December 23, 2010, the regularly scheduled Board of Directors meetings will conflict with the Veterans, Thanksgiving and Christmas holidays, respectively. Staff recommends rescheduling these meetings to a different date. STAFF RECOMMENDATION: That the Board of Directors reschedule the regularly scheduled Board meetings as follows: . Reschedule Thursday, November 11, 2010 to Wednesday, November 10, 2010 at 8:30 a.m. . Reschedule Thursday, November 25, 2010 to Wednesday, November 24, 2010 at 8:30 a.m. . Reschedule Thursday, December 23, 2010 to Wednesday, December 22, 2010 at 8:30 a.m. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee discussed this item at its meeting held August 17, 2010 and supports staff recommendation. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors routinely reschedules Board and Committee meetings that conflict with holidays, conferences or special events. Approved by the Board of Directors of the Yorba Linda Water District 8/26/2010 MB/JS 5-0 ITEM NO. 6.11 AGENDA REPORT Meeting Date: August 26, 2010 To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Ken Vecchiarelli, General Dept: Administration Manager Prepared By: Ken Vecchiarelli, General Manager Subject: Schedule Financial Planning Workshop Meeting Thursday, October 21, 2010 at 9:00 a.m. SUMMARY: The District's Cost of Service and Water Rate Study is currently in progress and Raftelis Financial Consultants, Inc. has prepared a financial modeling worksheet that allows the District to consider impacts on revenue requirements for various financial planning scenarios, including levels of reserve funding, effects of inflation on water related expenses, salaries, benefits and other related costs. In preparation of a three to five year financial plan, staff suggests the Board schedule a Financial Planning Workshop in mid-October 2010. STAFF RECOMMENDATION: That the Board of Directors schedule a Financial Planning Workshop on Thursday, October 21 from 9:00 a.m. to approximately 12:00 p.m. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee discussed this item at its meeting held August 17, 2010 and supports staff recommendation. Approved by the Board of Directors of the Yorba Linda Water District 8/26/2010 MB/JS 5-0 ITEM NO. 7.1 AGENDA REPORT Meeting Date: August 26, 2010 Budgeted: Yes To: Board of Directors Funding Source: All Funds From: Ken Vecchiarelli, General Manager Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: No Prepared By: Ken Vecchiarelli, General CEQA Compliance: N/A Manager Subject: General Manager's Employment Contract SUMMARY: The General Manager serves at the will of the Board of Directors. The Board appointed Kenneth Vecchiarelli to the General Manager position on December 23, 2008, shortly after the Freeway Complex Fires struck the Yorba Linda community and one week before the prior General Manager's planned retirement date. Currently, Mr. Vecchiarelli is serving in his capacity under a verbal agreement and has prepared the attached written agreement for the Board's consideration documenting employment terms moving forward. STAFF RECOMMENDATION: That the Board of Directors approve the General Manager's Employment Contract. COMMITTEE RECOMMENDATION: The terms of the General Manager's contract were discussed with an Ad hoc Committee of the Board in 2009 and most recently at the Executive-Administrative-Organizational Committee at their meeting on July 20, 2010. DISCUSSION: The General Manager is responsible for the day-to-day operations and administration of the District. The General Manager provides leadership and direction to the District staff and insures the policies, goals and objectives of the Board are carried out. The position is responsible for overseeing the preparation and implementation of an annual operating and capital outlay budget of $46M, utilizing a full time staff of 76 employees. The terms of the employment agreement with the General Manager include base salary, health and medical benefits, retirement benefits, vacation, holidays and other personal time off, reimbursement for professional development, a vehicle allowance and severance. These components make up the total compensation package, which are consistent and equivalent with the terms and benefits provided for the management group with just a few exceptions including car allowance, education reimbursement and notice of termination. ATTACHMENTS: !blame: Description: Type: GM Contract 2010 rev082610.docx GM Contract 082610 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 8/26/2010 JS/MB 5-0 Approved with revisions. EMPLOYMENT AGREEMENT FOR POSITION OF GENERAL MANAGER This Employment Agreement (Agreement) is made by and between the Yorba Linda Water District (District), a County water district created and operating pursuant to the provisions of Division 12 commencing with Section 30000 of the Water Code of the State of California, acting by and through its Board of Directors (Board), and its current General Manager, Kenneth R. Vecchiarelli (Vecchiarelli or General Manager). RECITALS A. District is responsible for the construction, operation and maintenance of a potable water delivery system which provides service to residential, municipal, commercial, industrial and agricultural customers located within its sphere of influence. In addition, the District is responsible for the construction, operation and maintenance of a sewerage collection system which also serves residential, municipal, commercial and industrial customers within its sphere of influence. B. In order for the District to insure that its responsibilities to the health and safety of the pubic are met at all times, District must attract and retain in its employ a General Manager, who exhibits a high degree of knowledge, experience, technical ability, professionalism, and qualities of leadership necessary to meet District objectives. C. Vecchiarelli assumed the duties of the General Manager by Board authorization and appointment on December 23, 2008, and is willing to continue to serve in this capacity upon such terms and conditions as set forth herein. D. The Board desires assurance of the continued association and services of Vecchiarelli in order to retain his knowledge, skills and abilities, and therefore desires to retain his services as General Manager based upon the terms and conditions set forth herein. 1 NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and promises set forth herein, the parties agree as follows: 1. Term of Employment. The Board hereby agrees to continue to employ Vecchiarelli, and Vecchiarelli agrees to continue to serve as General Manager of the District. The term of this Agreement shall be to and including December 31, 2013, and shall be renewable upon mutual agreement of the parties. Each year, on or before February 12 (Anniversary Date) the Board will review the performance of the General Manager for consideration of an equitable merit increase and/or performance bonus. 2. Duties and Obligations of Employee. Vecchiarelli shall continue to serve as the General Manager of the District. In that capacity, Vecchiarelli shall faithfully discharge the duties as set forth in the California Water Code, the District's most recently adopted Rules and Regulations for Water and Sewer Service, and the most recently adopted Rules and Regulations, Policies, Resolutions and Ordinances of the Board. Vecchiarelli's duties shall be as set forth in the District approved job description for General Manager, and shall include, among other things, overseeing the administration, operation and construction activities of the District, and such other duties and responsibilities as may be delegated or prescribed from time to time by the Board. Precise duties, responsibilities and services of General Manager may be extended or curtailed from time to time at the direction of the Board of Directors. Vecchiarelli shall devote his full time labor and attention to District employment during the term of this Agreement; provided, however, that he may use reasonable time for professional development, education, charitable and professional activities which do not materially interfere with the services required under this Agreement. 3. Employee Compensation. Vecchiarelli shall be paid an annual base salary in the amount of one hundred sixty thousand, one hundred forty dollars ($160,140), 2 payable in twenty-six equal bi-weekly installments. When only a portion of a period is served, compensation shall be prorated. It is expressly understood that Vecchiarelli's salary shall be reviewed in February of each year, with the expectation that General Manager's salary will be adjusted in order to reflect a competitive compensation rate consistent with General Manager's performance of District duties and responsibilities; provided however, that such salary adjustment shall not reduce General Manager's salary below the amount provided for herein. In addition to salary, District shall provide General Manager with the same fringe benefits relating to retirement, group health, dental, vision, life insurance, disability, EAP and deferred compensation options, as specified in the most recently adopted Personnel Rules and Regulations and in the most recently approved Employee Compensation Letter and Pay Plan for Management Employees, each as modified from time to time and as adopted or approved by the Board. These benefits shall take effect at the same time and in the same manner as for all other employees. General Manager shall be entitled to holidays, vacation, sick leave and compensatory time off, as established from time to time by the District's Personnel Rules and Regulations and the Employee Compensation Letter and Pay Plan for Management Employees, each as modified from time to time and as adopted or approved by the Board. 4. Automobile Reimbursement. It is expected that General Manager will be required to use his own vehicle in connection with his duties and responsibilities, including being available 24 hours per day when practical to respond to emergency situations. As reimbursement for automobile expenses, General Manager shall be paid $550 per month payable in monthly installments. When only a portion of a month is served, reimbursement shall be prorated. It is expressly understood that this reimbursement shall be reviewed in February of each Budget year, with the expectation that it will be adjusted in order to reflect a competitive compensation rate; provided however, that such adjustment shall not reduce the reimbursement below the amount provided for herein. Alternatively, Mr. Vecchiarelli may continue to use a District vehicle for work related purposes and for the purposes of 3 commuting to and from work in lieu of the aforementioned automobile reimbursement. 5. Reimbursement for Professional and Civic Affiliations, Professional Development and Continued Education. (a) Professional and Civic Affiliations and Professional Development. (i) Subject to the Board's discretion to adopt and amend the budget, District agrees to pay for professional dues and subscriptions on behalf of General Manager which are reasonably necessary, as determined by the Board, for the General Manager's continuation and full participation in national, regional, state or local associations and organizations necessary and desirable for General Manager's continued professional participation, growth and advancement, or for the good of the District. Furthermore, District shall pay for any additional professional dues and subscriptions as may be approved by the Board from time to time. District further recognizes that certain expenses of a non-personal and generally job-affiliated nature may be incurred by the General Manager, including participation in civic and other local organizations, and hereby agrees to reimburse or pay said general expenses. (ii) Subject to the Board's discretion to adopt and amend the budget, District agrees to pay the travel and subsistence expenses of General Manager for official travel, meetings and events reasonably necessary to continue the professional development of General Manager and reasonably necessary to fulfill official and other functions for the District, all as 4 determined to be reasonable and necessary by the Board. Such meetings and events may include, but are not limited to, the annual and semi-annual conferences of the Association of California Water Agencies, the American Water Works Association, the American Society of Civil Engineers, and other national, regional, state and local conferences of governmental groups and committees in which General Manager may participate from time to time. (b) Continued Education. The District agrees to reimburse General Manager for all costs associated with continuation education credits, courses and the pursuit of an advanced degree or degrees, if and when such costs are approved in advance by the Board. 6. Other General Expenses. Subject to the Board's discretion to adopt and amend the budget, the Finance Director (or other designated employee) is hereby authorized to disburse funds as needed to fulfill all provisions of this Agreement upon receipt of duly executed timesheets, expense or petty cash vouchers, receipts, statements or personal affidavits. The District shall continue to bear the full cost of any fidelity or other bonds required of General Manager under any law or ordinance. 7. Performance Evaluation (a) The Board and General Manager may annually define such goals and objectives for the District which they determine necessary for the proper operation of the District in the attainment of the Board's policy objectives, and the Board and General Manager may further establish a priority among those various goals and objectives to be reduced to writing. The process of considering the establishment and priority of goals and objectives of the District shall be conducted and completed 5 generally in February of each year. However, within sixty (60) days of the Effective Date the Board shall define goals and objectives put them in writing and they shall be deemed to be Exhibit "B" to this Agreement ("Goals and Objectives"). (b) The Board, following informal and nonbinding consultation with General Manager, shall periodically establish goals and objectives regarding the performance of General Manager. The Board shall review and evaluate the performance of the General Manager at least once annually. Notwithstanding any term or provision of this Agreement to the contrary, General Manager shall serve at the will and pleasure of the Board, and the Board shall be entitled to terminate the employment of General Manager without cause. (c) In recognition of the accomplishment of the Goals and Objectives and excellent performance, an annual performance bonus may be granted to General Manager by the Board. Nothing herein shall be deemed to change the "at will" employment status of General Manager. In no event shall a bonus be granted by the Board unless within sixty (60) days of each Anniversary Date the General Manager and Board approve written Goals and Objectives as provided in this section above. Any performance bonus granted pursuant to this Section shall not increase Manager's base salary set forth in Section 3 of this Agreement. 8. Termination of Agreement. Board may terminate this Agreement without cause by giving General Manager one hundred eighty (180) days written notice (Notice of Termination); provided, however, that in the event General Manager willfully breaches any of his duties and responsibilities or District rules and regulations, or commits any act involving moral turpitude which could bring District into disrepute or is unable to perform the duties as described herein, this Agreement may be immediately terminated by the Board of Directors by action taken at a 6 duly-convened meeting. In the event that the Board has not given Notice of Termination, General Manager may terminate this Agreement upon ninety (90) days written notice to the District. In lieu of Notice of Termination, the Board may pay General Manager a lump sum severance equivalent to six months of the base salary current at the time of termination (Severance Payment). Severance Payment shall be made within fourteen calendar days of the effective date of such termination. 9. General Provisions. a. Any notice required to be given to District under this Agreement shall be addressed to the President of the Board of Directors as follows: Personal and Confidential Yorba Linda Water District P.O. Box 309 Yorba Linda, CA 92885-0309 Any notice required to be given to General Manager under this Agreement shall be addressed to him at his last known address as reflected in the District's personnel records. b. If any provisions of this Agreement are held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. c. This agreement shall be deemed to include any terms or conditions required by law. d. This Agreement maybe amended in writing at anytime by mutual agreement of 7 the parties hereto. e. This contract becomes effective August 26, 2010 (Effective Date). YORBA LINDA WATER DISTRICT GENERAL MANAGER William R. Mills, President Kenneth R. Vecchiarelli, General Manager Date: Date: 8 ITEM NO. 9.1 AGENDA REPORT Meeting Date: August 26, 2010 Subject: Executive Administrative-Organizational Committee (Mills/Beverage) Alternate: Collett Minutes of meeting held August 17, 2010 at 4:00 p.m. Meeting scheduled September 21, 2010 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 081710 EAO - Minutes.doc EAO Mtg Minutes 08/17/10 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING August 17, 2010 A meeting of the Executive-Administrative-Organizational 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 Michael J. Beverage Pat Grady, Assistant General Manager 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Approval of MWDOC Grant Participation Agreement Mr. Vecchiarelli reported that the MWDOC agreement provides grant funds to the District for conducting a financial plan, performing a rate study and developing a conservation-based rate structure. The grant funds are being provided to MWDOC by the Department of Water Resources. The District would be eligible to receive $68,000 in grants as a reimbursement for the rate study consultant along with other related expenses. The Committee supported Staff's recommendation to approve the agreement and forward it to the full Board for consideration. 2.2. Proclamation Recognizing the Centennial Anniversary of the Association of California Water Agencies Mr. Vecchiarelli presented this item and the Committee supported staff's recommendation that the full Board consider a resolution recognizing ACWA's 100 year celebration. 2.3. Posting of Job Classifications and Salary Ranges Mr. Vecchiarelli reported that the State's Controller's Office instituted a requirement that all Cities and Counties within California post salary information of their public employees. While this requirement does not apply to water districts, staff recommended posting this information for improved public accessibility and transparency. The Committee was in agreement and supported staff's recommendation to post employee classifications, salary ranges and labor agreements. 1 2.4. Reschedule Board Meetings Mr. Vecchiarelli reported that three Board meetings scheduled for November and December conflict with holiday schedules. The Committee supported staff's recommendation to reschedule the following meetings: November 11, 2010 to November 10, 2010, November 25, 2010 to November 24, 2010 and December 23, 2010 to December 22, 2010. 2.5. Schedule Financial Planning Workshop Meeting for Mid-October Mr. Vecchiarelli suggested scheduling a financial planning workshop to review the first phase of the financial planning aspect of the rate study currently in progress by Raftelis. The Committee supported staff's recommendation and suggested the meeting be scheduled for October 21, 2010 beginning at 9:00 a.m. 3. DISCUSSION ITEMS 3.1. Director's and General Manager's Quarterly Fees and Expenses (Apr-Jun) and Fiscal Year to Date Expenses for FY 2009/10 The Committee reviewed the report and had no comments. 3.2. General Counsel's Monthly Summary Billing Report July 2010 The Committee reviewed the report and requested separating the costs associated with the Freeway Complex Fire litigation from the Hidden Hills Reservoir project in legal counsel's billing summary. Mr. Vecchiarelli noted staff would revise the report accordingly and remove historical accounting items that will not incur any additional charges. 3.3. Future Agenda Items and Staff Tasks Staff reported that a discussion of a Strategic Goals and Planning Workshop will be brought to the Committee at a future meeting. 4. ADJOURNMENT 4.1. The Committee adjourned at 4:35 p.m. The next regular meeting of the Executive-Administrative-Organizational Committee will be held September 21, 2010 at 4:00 p.m. 2 ITEM NO. 9.3 AGENDA REPORT Meeting Date: August 26, 2010 Subject: Personnel-Risk Management Committee (Collett/Hawkins) Alternate: Summerfield • Minutes of meeting held August 20, 2010 at 4:00 p.m. (To be provided at the meeting.) • Meeting scheduled September 14, 2010 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 082010 PRM - Minutes.doc PRM Mtg Minutes 08/20/10 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL-RISK MANAGEMENT COMMITTEE MEETING August 20, 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. ACWA/JPIA General Liability Insurance Deposit Premium October 1, 2010 through September 30, 2011 and Retrospective Allocation Point The Committee discussed the District's General Liability insurance premium for the period of October 1, 2010 through September 30, 2011. The Committee will recommend the Board of Directors approve the ACWA/JPIA General Liability Insurance deposit premium in the amount of $175,724 and maintain the current Retrospective Allocation Point. 3. DISCUSSION ITEMS 3.1. Status of Recruitments and Authorized/Budgeted Positions Staff gave an update on the following recruitments: Maintenance Distribution Operator III, Maintenance Distribution Operator II and the temporary part-time GIS technician. The Maintenance Dist. Operator III was filled internally and a job offer was accepted for the GIS technician position with a tentative start date of August 28, 2010. 3.2. Status of Human Resources and Risk Management Activities The Committee reviewed and discussed the updated activities log. Staff informed the Committee of the various safety related training workshops conducted on-site such as CPR/First Aid, Heat and Illness Prevention and Hearing Conservation for District employees. Staff reported on the activities of two newly formed committees: Safety and Wellness and Employee Recognition. The Safety and Wellness Committee reviews any District incident related to safety and workers compensation to reduce such incidents/injuries in the future. As of August 24, 2010, the District will implement an Automated External Defibrillator Program with three AED units on site. The Employee Recognition Committee has scheduled a Hot 1 Tap Demonstration and Horseshoe Competition for September 1, 2010. The event, developed to boost morale and promote team building, will be held during an extended lunch period at the District's maintenance facilities. The hot tap team and the winners from the horseshoe competition will represent the District at OCWA's Annual Picnic on September 15, 2010. 3.3. Future Agenda Items and Staff Tasks None. 4. ADJOURNMENT 4.1. The Committee adjourned at 4:43 p.m. The next regular meeting of the Personnel-Risk Management Committee will be held September 14, 2010 at 4:00 p.m. 2 ITEM NO. 9.5 AGENDA REPORT Meeting Date: August 26, 2010 Subject: Public Information-Technology Committee (Beverage/Hawkins) Alternate: Summerfield Minutes of meeting held August 19, 2010 at 4:00 p.m. Meeting scheduled September 7, 2010 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 081910 PIT - Minutes.doc PIT Mtg Minutes 08/19/10 Minutes MINUTES OF THE YORBA LINDA WATER DISRICT PUBLIC INFORMATION -TECHNOLOGY COMMITTEE MEETING August 19, 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 Damon Micalizzi, Public Info Officer Derek Nguyen, Water Quality Engineer 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Barricade Fire Retardant (Verbal Report) Mr. Micalizzi presented to the Committee information on Barricade Fire Retardant and possibilities for informing YLWD customers about the product. 2.2. Emergency Preparedness Information on District's Website and in Quarterly Newsletter (Verbal Report) Mr. Micalizzi presented to the Committee a draft version of the new YLWD website homepage with links to emergency preparedness information and other useful links for YLWD customers. The Committee discussed the possibility of assembling kits for sale to the public or at least displaying a typical kit in our lobby for their information. 2.3. Elk Mountain Practice Field Update (Verbal Report) Mr. Micalizzi updated the Committee on meetings with local youth sports groups. Both AYSO, and HYLLL have expressed interest in the property for practice fields. 2.4. Bottled Water Update (Verbal Report) Mr. Nguyen briefed the Committee on an inspection tour taken at the bottling plant on August, 2010. 2.5. Public Events Update (Verbal Report) Mr. Micalizzi briefed the Committee on YLWD's participation in the recent Relay for Life and updated the group on upcoming events. 1 2.6. Conservation Ordinance Monthly Statistics Mr. Vecchiarelli presented the Committee with the Monthly Conservation Statistics. 2.7. IT Projects Monthly Status The Committee reviewed the IT report. 2.8. Future Agenda Items and Staff Tasks. Director Beverage requested a staff report update on GIS and an update on elements of the IT Master Plan starting with the next meeting if possible. 3. ADJOURNMENT 3.1. The meeting was adjourned at 5:28 p.m. The next regular meeting of the Public Information-Technology Committee will be held September 7, 2010 at 4:00 p.m. 2 ITEM NO. 9.7 AGENDA REPORT Meeting Date: August 26, 2010 Subject: Citizens Advisory Committee • Minutes of meeting held July 26, 2010 at 8:30 a.m. (To be provided at the meeting.) • Meeting scheduled August 23, 2010 at 8:30 a.m. ATTACHMENTS: Name: Description: Type: 082310 - CAC Minutes.doc CAC Mtg Minutes 08/23/10 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING August 23, 2010 1. CALL TO ORDER A meeting of the Citizens Advisory Committee was called to order at 8:30 a.m. by Committee Chair Carl Boznanski. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE MEMBERS PRESENT STAFF PRESENT Bill Guse Greg Meyers Ken Vecchiarelli, General Mgr Bob Kiley Lindon Baker Damon Micalizzi, PI Officer Carl Boznanski Modesto Llanos Gary Melton Oscar Bugarini OTHER VISITORS Gene Scearce Michael Baker 2. PUBLIC COMMENTS None. 3. DISCUSSION ITEMS 3.1. November Water Bond Measure (Verbal Report) The Committee discussed the November Water Bond Measure and its removal from the 2010 Ballot. 3.2. Practice Field Atop Elk Mountain Reservoir (Verbal Report) Mr. Vecchiarelli presented to the Committee the initial staff report and background information on the Elk Mountain Reservoir Practice Field project. The Committee discussed various issues including outreach to the community, impacts and matters of concern to the local residents near the site, and the potential benefit of the concept to the greater community. The Committee also shared ideas and experiences on the potential for synthetic turf options and offered ideas to consider regarding partnerships for the project. 3.3. City of Yorba Linda Sewers Update (Verbal Report) Mr. Vecchiarelli updated the Committee on the status of the potential transfer of the public sewer collections system from the City of Yorba Linda to YLWD. Staff reported on the District's initial proposal which was memorialized through a draft agreement currently in the City's possession and waiting for input and possible revisions. Staff reported that the Committee could weigh in on any related action items coming before the City Council or the YLWD Board. The next step is for the City Council to consider the draft transfer agreement with at least a preliminary vote that would allow staff from both agencies to determine if they should proceed forward with these matters. 1 3.4. Future Agenda Items The Committee requested for the next meeting, an in-depth look at the District's water rates and the District's incorporation of Metropolitan's upcoming rate increases into the current YLWD rate. Staff reported that a water rate study is currently underway but that the two known MWD rate increases over the next two years have already been incorporated into the District's current water rate. The Committee also asked to have a discussion item on the next meeting's agenda on District water usage and conservation. 4. ADJOURNMENT 4.1. The Committee adjourned at 9:59 a.m. The next regular meeting of the Citizens Advisory Committee will be held September 27, 2010 at 8:30 a.m. 2 ITEM NO. 11.1 AGENDA REPORT Meeting Date: August 26, 2010 Subject: Meetings from August 27, 2010 - September 30, 2010 ATTACHMENTS: Name: Dosciiption: a ype: BOD - Activity Calendar.pdf BOD Activity Calendar Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: September 2010 MWDOC/MWD Workshop Wed, Sep 1 8:30AM Staff OCWD Board Wed, Sep 1 5:30PM Staff Planning-Engineering-Operations Committee Meeting Thu, Sep 2 4:00PM Mills/Summerfield Holiday Mon, Sep 6 7:30AM District Offices Closed Public Information-Technology Committee Meeting Tue, Sep 7 4:OOPM Beverage/Hawkins Yorba Linda City Council Tue, Sep 7 6:30PM Mills Yorba Linda Planning Commission Wed, Sep 8 7:00PM Collett Board of Directors Regular Meeting Thu, Sep 9 8:30AM WACO Fri, Sep 10 7:30AM Hawkins Finance-Accounting Committee Meeting Mon, Sep 13 4:00PM Collett/Mills Personnel-Risk Management Committee Meeting Tue, Sep 14 4:00PM Collett/Hawkins MWDOC Board Wed, Sep 15 8:30AM Staff OCWD Board Wed, Sep 15 5:30PM Staff Exec-Admin-Organizational Committee Meeting Tue, Sep 21 4:00PM Mills/Beverage Yorba Linda City Council Tue, Sep 21 6:30PM Collett Yorba Linda Planning Commission Wed, Sep 22 7:00PM Hawkins Board of Directors Regular Meeting Thu, Sep 23 8:30AM Citizens Advisory Committee Meeting Mon, Sep 27 8:30AM MWDOC/OCWD Ad Hoc Committee Meeting Tue, Sep 28 4:00PM Mills/Beverage 8/20/2010 1:37:41 PM ITEM NO. 12.1 AGENDA REPORT Meeting Date: August 26, 2010 Subject: CSDA Conference - September 20-23, 2010 ACWA/JPIA Fall Conference - November 29-30, 2010 ACWA Fall Conference - December 1-3, 2010 CRWUA Annual Conference - December 15-17, 2010 STAFF RECOMMENDATION: Authorize Directors and such staff members of the District as approved by the General Manager to attend the above listed conferences. ATTACHMENTS: Name: Descripdom CSDA Conference.pdf Conference Flyer Backup Material ACWAJPIA Conference.pdf Conference Flyer Backup Material ACWA_Conference.pdf Conference Flyer Backup Material CRWUA Conference.doc Conference Flyer Backup Material Approved by the Board of Directors of the Yorba Linda Water District 8/26/2010 MB/RC 5-0 Authorizing Director attendance for the ACWA/JPIA, ACWA and CRWUA conferences. MONDAY, SEPTEMBER 20 9:00 -11:00 a.m. Special District Administrator (SDA) Exam - by the Special District Leadership Foundation 9:00 a.m. - 4:00 p.m. Pre-Conference Workshop #1: Special District Leadership Academy Module 1: Governance Foundations 9:00 a.m. - 4:00 p.m. Pre-Conference Workshop #2: Effective Strategic Planning for Your Special District Noon - 5:00 p.m. (11 a.m. check-in) 3rd Annual CSDA Golf Tournament 1:30- 4:30 p.m. Orange County Sanitation District & Ground Water Replenishment System Plant Tours Limited seating. Join us for a special tour of the OCSD/GWBS facilities. (see page 8 for details) 6:00 - 8:00 p.m. CSDA Business Affiliates & Golf Awards Reception hosted by the Independent Special Districts of Orange County (ISDOC) ALL ATTENDEES WELCOMEH TUESDAY, SEPTEMBER 21 9:00 -10:45 a.m. Welcome by Newport Beach Mayor Keith Curry Opening Keynote: Presentation and Continental Breakfast: "At the Heart of Leadership" by Tom Flick, Former NFL Quarterback 11:00 a.m. -12:00 p.m. Breakout Sessions Governance: Must Have Board/GM/Staff Communication Protocols - Liebert, Cassidy, Whitmore Getting Reimbursed! Understanding SB90 and State Mandated Cost Reimbursement for Special Districts - Nichols Consulting and Local Government Consultants Expert Panel: Why the Delta Matters to Your District - An Update on Major Water Issues, Legislation & the Statewide Bond - Best, Best and Kreiger The Do's and Don'ts in Elections & Campaigns - BOM Consulting Media Relations: Putting Your Best Face Forward AB 1234 Required Ethics Training (Part 1) - Meyers Nave i p . Opening Keynote Session:Tom Flick -'At the Heart of Leadership" As a motivational speaker and training consultant, Tom Flick has tackled the business world with the same pas- sion, focus and spirit that earned him honors as a collegiate and NFL quarterback. For over ten years, Tom Flick has helped Fortune 500 companies and leading organizations meet the challenges of today's business environ- ment. "At the Heart of Leadership" presents the core drivers for the next great transformation of business. From corporate titans to public agencies, the skill and capacity to capture the hearts of people will be the decisive factor. No longer can one charismatic individual lead the vision alone. The catalyst for sustained high-level performance is leadership, from top-to-bottom, which empowers every individual. 2010 CSDA ANNUAL CONFERENCE 5 EXHIBITOR SHOWCASE 3 TUESDAY, SEPTEMBER 21 (continued) Noon -2:00 p.m. Exhibitor Hall Grand Opening & Lunch 2:00 - 3:15 p.m. Super Session: "Work Like Your Dog: New Dimensions in Team Building" by Matt Weinstein Awards presented: Board President of the Year and General Manager of the Year Super Session: MattWeinstein -"Work LikeYour Dog: New Dimensions inTeam Building" Matt Weinstein is the nation's foremost authority on the use of fun and humor in team building. Called "The Master of Playfulness" by PEOPLE Magazine and "America's Pied Piper of Play" by the Houston Post, his playful vision has been the subject of dozens of national newspaper articles, magazine features and television appearances. Matt Weinstein has recently been featured in The Wall St. Journal, The Los Angeles Times and CBS This Morning. 1 One way to work smarter, not harder, is to learn the skills of working like your dog. Dogs approach their work with dedication, loyalty, sensitivity and love, and also with joy, enthusiasm and a willingness to see their work as play. Based on Matt Weinstein's business bestseller, Work Like Your Dog. 330- 4:30 p.m. Breakout Sessions Governance: Effective Leadership - 6 Must Have Best Practices - BHI Consulting Other Post Employment Benefits (OPEB) - Understanding the Reporting Requirements & Your Districts Options to Fund Them - PARS Navigating Permitting & Regulatory Approvals for Your Solar/Renewable Energy Project - Best, Best and Kreiger Keeping Up on LAFCo Issues & Trends - Orange County LAFCo How to Identify and Implement New Revenue Options for Your District - NBS AB 1234 Required Ethics Training (Part 2) - Meyers Nave Prevention Link - An Online Communication and Training Network for Your Agency - Target Safety 5:30 - 7:00 p.m. President's Reception in the Exhibit Hall (ALL ATTENDEES WELCOME) WEDNESDAY, SEPTEMBER 22 9:00 -10:45 a.m. SDRMA General Session/Keynote/Breakfast Dick Ruhe, Ph.D. - "Leadership for a Reenergized Workforce" - SDRMA Safety Awards will be presented { Keynote Session: Dick Ruhe, Ph.D. - "Leadership for a Reenergized Workforce" r' Dr. Dick Buhe is a specialist on leadership, change, quality and teambuilding. As a senior consulting partner for the Ken Blanchard Companies, he is the author of the training program Total Quality Leadership. During this dynamic presentation, learn why good performers sometimes take so long to provide effective leadership. Leaders know how to preserve the organization's values while changing the way it operates. It is important to retrain and redeploy the workforce in order to merge organizational objectives with the goals of individuals. Both leadership and management have their places in capitalizing on the talents of people at all levels. It is important to be both visionary and ' sponsored by: practical and to be capable of moving from discussions of purpose to the details of actual practice. 4 WEDNESDAY, SEPTEMBER 22 (continued) 11:00 a.m. -12:00 p.m. Breakout Sessions Ensuring Brown Act Compliance - Updates - Using Social Media as an Outreach Tool in Your District Board Member Liability - There's No I in Board - SDBMA Harnessing the Power of Community Partnerships: Case Studies - Carmichael Recreation & Park District How Remarkable Women Lead in Tough Times - California Women Lead Options for Funding Mission-Critical Capital Projects - CSDA Finance Corporation 12:00 -1:30 p.m. Lunch on your own 1:30 - 2:45 p.m. Exhibit Hall Finale - Dessert with the Exhibitors/Grand Prizes 3:00 - 4:30 p.m. CSDA Super Session - "The Gold Medal Process" - John Naber, Olympic Gold Medal Swimming Champion and Sports Broadcaster 5:30 - 7:00 p.m. Chapters Reception - CSDA Chapter of the Year Award will be presented. All attendees are welcome. 7:00 - 9:00 p.m. CSDA Awards Banquet and Entertainment Award Presentations: Excellence in Community Service, Innovative Program, Exceptional Public Outreach and the William Hollingsworth Award Entertainment by Mack Dryden Join us at this year's Awards Banquet with entertainment by professional comedian Mack Dryden. Dryden travels the country bringing his special brand of Motivation, Inspiration and Jubilation to thousands each year N Super Session: John Naber, Olympic Gold k: r*oop Medal Swimming Champion and Sports ~f. Broadcaster - "The Gold Medal Process" One of America's greatest Olympic champions, John Naber was America's most highly decorated Olym- pian at the 1976 Games in Montreal, earning four gold medals in swimming. Naber went on to earn the Sullivan Award as America's top amateur athlete of 1977. Today, he is one of America's top Olympic Awards Banquet Entertainment: Mack Dryden Ambassadors. From humble beginnings as "the funniest paper mill em- For over a quarter-century, John Naber has delighted ployee in Mississippi," he won two Associated Press writing audiences as a sports speaker, with stories of awards as a reporter in his home state, and finally became ordinary people accomplishing extraordinary results. a professional comedian whose talent and perseverance What do Olympians go through on their way toward landed him numerous TV appearances and got him hand- the awards platform? How can you feel like you're picked by Bill Maher to write on his acclaimed show. Now "going for the gold" in your field? John Naber he spends his time writing and traveling the country bringing explains an eight-step process, using humor and his special brand of Motivation, Inspiration and Jubilation to Olympic analogies that can help anyone reach their thousands each year. It hasn't been an easy road; but, as he own personal and professional goals. says, "falling on your face is still moving forward!" 2010 CSDA ANNUAL CONFERENCE 5 EXHIBITOR SHOWCASE 5 THURSDAY, SEPTEMBER 23 8:00 -10:00 a.m. Breakout Sessions AB1825 Sexual Harassment Prevention Compliance Training - SDRMA CSDA Chapter Roundtable 9:00 -10:00 a.m. Breakout Sessions How to Make Board Meetings Effective & Efficient: Meeting Management Techniques That Work! - Richards, Watson & Gershon What Every Public Agency Should Know About Prevailing Wage - Contractor Compliance & Monitoring How to Advocate at the State Capitol - California Special Districts Association Design-Build and Public-Private Partnerships - Options and Case Studies Getting Up-To-Speed Quickly on the Latest Audit & Accounting Standards - Macias, Gini & O'Connell 10:00 a.m. -12:00 p.m. CSDA Keynote Program & Brunch - Ralph Heim, Public Policy Advocates and Orange County Supervisor John M.W. Moorlach Closing Keynote & Brunch: Ralph Heim, "Understanding the State's Fiscal and Reform Issues and What's Next for Special Districts" b Join us for a closing brunch as CSDA Legislative Advocate Ralph Heim gives attendees the most up-to-date infor- mation on the state of the state budget and special district revenues. 2010 has been an exceptionally challenging year for local government and the state and Heim will give attendees the most current information on the issues facing both. 711ill . r 1 ~f "As a general manager, 1 have found the CSDA conference to be three full days of education, information and legalities that greatly assist me in my ' responsibilities. " ~Tyk - -I - David Aranda, General Manager, Stallion Springs Community Services District 6 Attendee Registration Form CSDA Annual Conference and Exhibitor Showcase (Please print) All future correspondence will be sent to the key contact. 0©00 Newport Beach Marriott Hotel & Spa, Newport Beach, CA One form per attendee. Three Ways to Register Registration fees include: 1. Online by visiting the CSDA Annual Conference website at conference.csda.net. • Kick-Off Reception Monday evening 2. Fax number: 916-442-7889. All faxed forms must include credit card payment. • Keynote sessions and all super sessions 3. Mail: CSDA, 1112 1 Street, Suite 200. Sacramento, CA 95814. Please include registration form and payment. • Exhibitor Showcase Lunch Tuesday Checks should be made payable to: California Special Districts Association. • Exhibitor Showcase Tradeshow Tuesday and Wednesday • President's Reception and Chapters Reception Who qualifies for member rates? • SDMRA breakfast on Wednesday All California Special Districts Association and Special District Risk Management Authority members. Contact the • All breakout sessions on Tuesday, Wednesday and Thursday CSDA office toll-free 877-924-2732 to find out if you are already a member. It's not too late to become a CSDA member. • CSDA Awards Banquet Simply contact Cathrine Lemaire at cathrinel@csda.net or call toll-free at 877-924-2732. • Closing Brunch Thursday Name: Title: District: Address: City: State: Zip: Phone: Fax: Email: Website: Member status: ❑ Member ❑ Non-member Registration Fees masf` f'F s afl ,i Regular (after Aug. 6) SUBTOTAL ❑ CSDA Member - Full Conference $525.00 $550.00 ❑ Non-member - Full Conference $685.00 $710.00 ❑ Guest- Full Conference (Includes all functions. Cannot be from a district) $250.00 $300.00 ❑ CSDA Member - One-day registration ❑ Tuesday ❑ Wednesday ❑ Thursday $250.00 each day $275.00 each day ❑ Non-member - One-day registration ❑ Tuesday ❑ Wednesday ❑ Thursday $410.00 each day $435.00 each day Separate Registration Fees Member Non-member SUBTOTAL ❑ Pre-Conference Workshop: SDLA Module 1: Governance Foundations - Sept. 20 $225.00 $300.00 ❑ Pre-Conference Workshop: Effective Strategic Planning for Your Special Districts - Sept. 20 $225.00 $300.00 ❑ CSDA Golf Tournament- Sept. 20 $125.00 ❑ CSDAAwards Banquet (Guests only) - Sept. 22 $ 85.00 ❑ OCSD and GWRS Plant Tours - Sept. 20 (Limited seating) Payment Information ❑ Check ❑ Visa ❑ MasterCard ❑ AMEX ❑ Discover Account name: Account Number: Expiration date: Authorized Signature: CD TUESDAY, SEPTEMBER 21, 2010 WEDNESDAY, SEPTEMBER 22, 2010 z 11:00 a.m. -12:00 p.m. (Breakout Sessions) 11:00 a.m. -12:00 p.m. (Breakout Sessions) 0 w ❑ Governance: Must Have Board/GM/Staff Communication Protocols ❑ Ensuring Brown Act Compliance - Updates a ❑ Getting Reimbursed! Understanding SB90 & State mandated Cost Reimbursement ❑ Using Social Media as an Outreach Tool in Your District o, ❑ Expert Panel: Why the Delta Matters to Your District-An Update on Major Water ❑ Board Member Liability Issues, Legislation & the Statewide Bond ❑ Harnessing the Power of Community Partnerships: Case Studies } ❑ The Do's and Don'ts in Elections & Campaigns ❑ How Remarkable Women Lead in Tough Times z ❑ Media Relations: Putting Your Best Face Forward ❑ Options for Funding Mission-Critical Capital Projects ° ❑ AB 1234 Required Ethics Training (Part 1) THURSDAY, SEPTEMBER 23, 2010 3:30 - 4:30 p.m. (Breakout Sessions) 8:00-10:OOa.m.(Breakout Sessions) =o ❑ Governance: Effective Leadership-6 Must Have Best Practices ❑ Sexual Harassment Prevention Training a ❑ Other Post Employment Benefits (OPEB) - Understanding the Reporting ❑ CSDA Chapter Roundtable m Requirements &Your Districts Options to Fund Them _ ❑ Navigating Permitting & Regulatory Approvals for Your Solar/Renewable 9:00-10:00 a.m. (Breakout Session) Energy Project ❑ How to Make Board Meetings Effective & Efficient: Meeting Management Techniques El Keeping Upon LAFCO Issues & Trends ❑ What Every Public Agency Should Know About Prevailing Wage ❑ El How to Identify and Implement New Revenue Options for Your District How t Advocate atthe State Capitol El Design-Build and Public-Private Partnerships- Options and Case Studies a AB 1234 Required Ethics Training (Part 2) ❑ a El Prevention Link -Online Communication and Training Network ❑ Getting Up-to-Speed Quickly on the Latest Audit &Accounting Standards Cancellation/Substitution Policy: Cancellations must be in writing and received by CSDA no later than August 31, 2010. All cancellations received by August 31 will be refunded less a $50 processing fee. There will be no refunds for cancellations made after August 31. Substitutions are acceptable and must be done in writing no later than September 10. Please submit any cancellation notice or substitution request to laurad@csda.net ACWA Joint Powers Insurance Authority Preliminary 2010 Fall Conference Schedule Indian Wells Conference Center adjacent to Hyatt Grand Champions Resort Monday- November 29, 2010 7:30 a.m. - Finance & Audit Committee meeting Indian Wells 8:45 a.m. (tentative) Conference Center 9:00 a.m. - Risk Management Subcommittee meeting Indian Wells 10:15 a.m. (tentative) Conference Center 10:30 a.m. - Executive Committee meeting Indian Wells 11:45 a.m. Conference Center 1:15 p.m. - Town Hall meeting Indian Wells 2:30 p.m. Conference Center 3:00 p.m. - Board of Directors' meeting Indian Wells 5:00 p.m. Conference Center 5:00 p.m. - Board of Directors' Reception Indian Wells 6:00 p.m. Conference Center Tuesday - November 30, 2010 8:30 a.m. - Infrastructure Failure Best Practices - Indian Wells 10:30 a.m. Pay It Forward Conference Center 10:45 a.m. - Don't Get Caught In A Sandstorm Indian Wells noon Ten Ways to Avoid Being Sued (Maybe) Conference Center 1:30 p.m. - Sexual Harassment Prevention for Board Indian Wells 3:30 p.m. Members and Managers (AB1825) Conference Center Wednesday - December 1, 2010 8:00 a.m. - Exhibit Booth #110 & 112 Renaissance 5:00 p.m. Esmeralda Resort Thursday - December 2, 2010 8:00 a.m. - Exhibit Booth #110 & 112 Renaissance 12:15 p.m. Esmeralda Resort PRELIMINARY CONFERENCE AGENDA 2-4 p.m. 2:30-4:45 p.m. j SDLF Special District Administrator Ethics Training Certification Test 7:30-8:45 a.m. 4-5 p.m. • ACWA/JPIA Finance & Audit 2-4:15 p.m. "California's Water" Series Screenings Committee Ethics Training Region 1 Business Meeting • Region 2 Business Meeting 9-10:15 a.m. 3-4:45 p.m. Region 3 Business Meeting • ACWA/JPIA Risk Management Communications Committee Region 4 Business Meeting Subcommittee • Energy Committee Region 5 Business Meeting • Federal Affairs Committee 10:30-11:45 a.m. Insurance & Personnel Committee 4-6 p.m. • ACWA/JPIA Executive Committee Local Government Committee Legal Affairs Committee • Membership Committee 1:15-2:30 p.m. • Water Management Committee 5-7 p.m. • ACWA/JPIATown Hall Meeting CH2M Hill Hosted Reception 5-6:30 p.m. 3-5 p.m. Welcome Reception in the • ACWA/JPIA Board of Directors Exhibit Hall ' 5-6 p.m. • ACWA/JPIA Board of Directors' 7:30 a.m.-4 p.m. Reception • Registration 7:30 a.m.-5 p.m. 8 a.m.-12:15 p.m. ` e • Registration • Exhibit Hall 8-9:45 a.m. 8-9:15 a.m. 8 a.m.-6 p.m. Opening Breakfast Networking Continental Breakfast • Registration 8 a.m.-Noon & 1:30-5 p.m. 9:30-11:45 a.m. 8:30-9:30 a.m. Exhibit Hall Ethics Training • ACWA/JPIA Seminar I 10-11:45 a.m. 10-11:30 a.m. 9:45-10:45 a.m. • Attorneys Program • Attorneys Program • ACWA/JPIA Seminar II Exhibitor Technical Presentations Energy Committee Program • Finance Program • Exhibitor Technical Presentations 10-11:45 a.m. Human Resources Program Finance Program • Clean Water Subcommittee • Region Forum • Region Forum • Safe Drinking Water Subcommittee Statewide Issue Forum • Statewide Issue Forum 11 a.m.-Noon Water Trends Program Water Trends Program • ACWA/JPIA Seminar III Noon-2 p.m. 11:45 a.m.-Noon • Outreach Task Force General Session & Luncheon • Prize Drawing in the Exhibit Hall Noon-2 p.m. 2:10-2:30 p.m. 12:15-2:15 p.m. • ACWA 101 & Luncheon Prize Drawing/Dessert Break General Session & Luncheon • Committee Lunch Break sponsored by Krieger & Stewart, Incorporated, Consulting Engineers 2:15-2:30 p.m. 1-2:45 p.m. Dessert Break sponsored by • Finance Committee 2:30-3:45 p.m. Krieger & Stewart, Incorporated, • Groundwater Committee Attorneys Program Consulting Engineers • Scholarship Subcommittee Energy Committee Program • Water Quality Committee Exhibitor Technical Presentations 1:30-3:30 p.m. Finance Program • ACWA/JPIA Seminar IV Human Resources Program • Town Hall Meeting • Water Trends Program 6 ACWA Fall Conference & Exhibition News, August 2010 2:30-3:45 p.m. • Attorneys Program • Commissioner's Forum • Exhibitor Technical Presentations - • Water Debate • Water Trends Program 4-5 p.m. • Anadromous Species Task Force • "California's Water" Series Screenings • Region 6 Business Meeting • Region 7 Business Meeting • Region 8 Business Meeting • Region 9 Business Meeting • Region 10 Business Meeting 6-7 p.m. C • • Outreach Reception G 7-10 p.m. Tr DY2~'O , • Dinner and Entertainment Many of ACWA's program sessions qualify for credit for professional career development. This conference will offer continuing education credit to Certified Public Accountants, s-9:3o a. Registration attorneys and legal professionals, human resource • administrators, and water treatment and distribution operators. 8:30-10 a.m. • Hans Doe Forum Breakfast There will also be three opportunities to receive water agency sponsored byAECOM official ethics training. Public officials in office must receive this training every two years (24 months). Ethics training will ,MAP be available on: Monday, Nov. 29 • Tuesday, Nov. 30,2-4:15 p.m. 1-6 p.m. • Wednesday, Dec. 1, 2:30-4:45 p.m. • Water Education Foundation • Thursday, Dec. 2, 9:30-11:45 a.m. Board of Directors Board members and managers can attend JPIA's course on Tuesday, Nov. 3o 8 a.m sexual harassment prevention training as mandated by AB . • ACWA/MWH Golf Tournament 1825. This course takes place Tuesday, Nov. 30 from 1:30-3:30 p.m. See page 5 for more information. Thursday, Dec. 2 6:45-8:15 a.m. All programs offered during ACWA's 2010 Fall Conference & • San Joaquin Valley Agricultural Exhibition are valid for SDLF's Special District Administrator Water Committee Certification Program. For information on the certification program, please visit: www.sdlf.org. • ' ' For more information about ACWA's continuing education programs or ethics training, contact Lori Doucette at (916) 441-4545 or lorid@acwa.com. www.acwa.com 7 x-%.-uGISTRATION INFORMATION CHANGES & CANCELLATIONS RECrISTTZATION HOURS Registrations can be changed or cancelled by emailing Ellie Meek at elliem@acwa.com. Cancellations must be received Tu ZyOl ay, Nc v. 30 TI4,wS. , Dec. 2 prior to 4:30 p.m. (PST), November 5 in order to receive 8 0-.M.-(o P.M. 7:30 o-m.-4 p.vw. a credit voucher, less a $50 handling fee. Upon receipt of the cancellation, you will receive an email confirming V~/ZOI•v~ 2y01G+ y, DZG. 1 FrLoL tl, DZC. 3 the cancellation. If you do not receive a cancellation 7:30 o- m. -S p.m. 8 - 9:30 0-M. confirmation, please contact ACWA at (916) 441-4545. Otherwise, you will be responsible for remaining monies due. Cancellations after November 5 will not be refunded. WHO IS ELIGIBLE FOR ADVANTAGE PRICING? The following people are eligible for ACWA Advantage SUBSTITUTIONS pricing: Substitutions from the same organization are accepted. • Any ACWA member organization's officers/directors. Any A $25 handling fee will be applied. Substitution requests employee on an ACWA public agency member, affiliate or should be submitted to elliemCacwa.com. Please notify ACWA of substitutions by 4:30 p.m. (PST), November 5. After associate organization's payroll. that date, they will need to be handled on site. • Any ACWA board member whose fee is paid for by a member agency. REFUNDS & CREDITS • Any state or federal administrative or legislative personnel • Handling fee of $50 will be applied on all registration in elective, appointive or staffing positions. refunds and credit vouchers. • Staff of ACWA/JPIA, Water Education Foundation and • No refunds given on spouse/companion registration fee. California Water Awareness Campaign. • Credit card/check refunds (less the $50 handling fee) until • Any individual or honorary life member. October 29. If you are interested in learning more about becoming a part • Credit vouchers (less the $50 handling fee) will be issued of ACWA, contact Lori Doucette at (916) 441-4545 or IoridC October 30-November 5. acwa.com. • Meals will be refunded until 4:30 p.m. (PST), November 5. SAVE MONEY WITH A PACKAGE REGISTRATION There will be no refund transactions made during the Package registration is available to ACWA public agency conference. and individual members, affiliates and associates only. By NO REFUNDS AFTER NOVEMBER 5. taking advantage of this special deal, you will save $110 over registering for each option separately. The same registration NAME BADGES and meal combination will cost you an additional $153 if you Name badges must be worn to attend all conference events. wait to purchase this on site. Package registration includes Badges may be checked at the doors. Information for Tuesday night's opening reception, your registration fee for the the badges will be taken directly from online registration entire conference, and one ticket to all meals (3 breakfasts, submissions and conference preregistration forms. Therefore, 2 lunches and 1 dinner). The package is only available until it is vital that complete, accurate and legible information 4:30 p.m. (PST), November 5. be submitted. Deadline for registration is 4:30 p.m. (PST), November 5. Badges will be available only for those who REGISTRATION DEADLINE register for the conference. The registration deadline is November 5. After that date, you Name badges sponsored by must register on site. Registration may be paid with a check or Bartle Wells Associates charged on your Visa or MasterCard. Note: If you have a disability that may require accommodation to assure your full participation, please contact Ellie Meek of the ACWA staff to discuss your needs. ONL-INE RFi!~ISTTZATION PROCESS / r"vfrafw-tL . / / / I / / I / I / ACWA's / ♦ / / i / i 441-457457- ACWXs 2010 Fall Conference & Exhibition Preregistration Renaissance Esmeralda Resort and Spa & Hyatt Grand Champions Resort, Villas and Spa, Indian Wells November 30 - December 3, 2010 ONLINE REGISTRATION NOW AVAILABLE: WWW.ACWA.COM PREREGISTRATION & CANCELLATION DEADLINE IS 4:30 P.M. (PST), NOV. 5, 2010. OFFICE USE ONLY - FC10-1 Registration forms received after Nov. 5 will he returned, regardless of postmark. There is a 550 handling fee on all ENT cancellations prior to this date. Credit card/check registration fees (less the 550 handling fee) can be refunded until DATE 4:30 p.m. (PST), Oct. 29. Thereafter refund (edit vouchers will be issued O( t. 30-Nov. 5, 4: 30 p.m. (PST). Fill in Completely - Please Print/Type Clearly * Required Fields (If bringing a guest, guests name and e-mail address are required as well.) ❑ My info has changed. Please update it. * Name on Badge to Read Guest ($35 fee if attending) Guest E-mall (MUST be different from attendee's e-mail) * Title Credit Card Payment Information Please charge my fee to my credit card: * Organization 0 C- El M"M * Address Credit Card Number: * City * State * Zip ~ L L L LJ * Phone: ( ) FAX: ( ) Exp. Date: L L L LJ Amount: $ * Attendee E-mail: Cardholder's Name (as seen on card): * Confirmation E-mail: Please print clearly. If registering on someone's behalf, please be sure to include YOUR e-mail Signature: address here and a copy of the confirmation email will be sentto you. Preregistration PACKAGE - For ACWA public agency members, affiliates & associates only (Includes registration & all meals. Does not include guest registration.) Not available on-site (20) $635 $ Conference Registration (21) (Meals not included) Preregistration On Site Amount Advantage*** $465 ($490) $ Standard $695 ($720) $ Guest** (Non-refundable) (22) $35 ($45) $ 2-Day Conference Registration Preregistration On Site Amount (Meals not included) (Advantage) (Standard) (Advantage) (Standard) ❑ Tues., Nov. 30/Wed., Dec. 1 (23) $250 $375 $275 $400 $ ❑ Thurs., Dec. 2/Fri., Dec. 3 (24) $250 $375 $275 $400 $ 0 Quantity Preregistration On Site Amount Wednesday, December 1 Opening Breakfast (30) $40 ($42) $ Luncheon (31) $45 ($47) $ Thursday, December 2 Networking Continental Breakfast (35) $30 ($35) $ Luncheon (32) $45 ($47) $ Dinner (33) $80 ($85) $ Friday, December 3 Hans Doe Forum Breakfast, sponsored by AECOM (34) $40 ($42) $ Ethics Training Registration (Choose ONE - No additional fee required if registered for conference.) TOTAL $ ❑ Tues., Nov. 30, 2-4:15 p.m. (so) ❑ Wed., Dec. 1, 2:30-4:45 p.m. (s1) ❑ Thur., Dec. 2, 9:30-11:45 a.m. (52) Guest registration fee applies to spouses and significant others only. People eligible IorACIA'A advantage pricing include: anyACWA member organization's officers/directors; any employee on an ACWA public agency member, affiliate or associate organization's payroll, any individual or honorary life member, any ACWA board member whose fee is paid for by a member agency; any state or federal administrative or legislative personnel in elective, appointive or staffing positions; staff ofACWA/1PIA, Water Education Foundation, or California lti'atcr;1warcness Campaign. Make checks payable to ACWA, and send to: ACWA, P.O. Box 2408, Sacramento, CA 95812-2408 or FAX to (916) 325-2316. If you mail this form, please do not also fax to avoid duplicate registration. Questions? Contact ACWA at (916) 441-4545, toll free (888) 666-2292, or e-mail: events@acwa.com. CRWUA Annual Conference Program Agenda Managing a River of Issues December 15 - 17, 2010 WEDNESDAY, DECEMBER 15 8:00 -4:00 Registration 2:30 - 5:00 Legal Colloquium- (topic to be determined based on current issues) Engineering Colloquium- Nevada's Intake No. 3 THURSDAY, DECEMBER 16 6:30 -4:00 Registration 7:00 -7:00 Exhibits Open 7:30 State Breakfasts 9:00 Welcome- John Zebre, CRWUA President 9:15 Business Meeting 9:30 Video to present annual theme 9:45 Secretary of the Interior and Bureau of Reclamation - Ken Salazar, Secretary, U.S. Department of the Interior (Invited) -BREAK and PRIZE DRAWING- 10:30 - 12:00 The Future of Coal Power and Colorado River Water Users 12:00 - 1:45 Lunch and Entertainment 2:00 Prize drawing following lunch 2:00 - 3:30 Law of the River: New Perspectives -BREAK and PRIZE DRAWING- 3:45 - TBD Bi-national Negotiations Discussion TBD Water's Role in Shaping History 5:00 - 7:00 Percolation and Runoff FRIDAY, DECEMBER 17 7:00 -11:00 Exhibits Open 8:00 - 8:45 Invasive Species, from Quagga Mussel to Asian Carp 8:45 - 9:45 Bureau of Reclamation Report and Discussion 9:45 - 10:30 The New Hoover Dam Bridge Adjournment 11:00 - 2:00 (Tenative) Tour of Alfred Merritt Smith Water Treatment Facility (SNWA Intake No. 3) and New Hoover Dam Bridge