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HomeMy WebLinkAbout2010-08-23 - Citizens Advisory Committee Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING Monday, August 23, 2010, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 3. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 3.1. November Water Bond Measure (Verbal Report) 3.2. Practice Field Atop Elk Mountain Reservoir (Verbal Report) 3.3. City of Yorba Linda Sewers Update (Verbal Report) 3.4. Future Agenda Items 4. ADJOURNMENT 4.1. The next meeting of the Citizens Advisory Committee will be held September 27, 2010 at 8:30 a.m. Items Distributed to the Committee 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 Committee 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. 3.2 AGENDA REPORT Meeting Date: August 23, 2010 Subject: Practice Field Atop Elk Mountain Reservoir (Verbal Report) ATTACHMENTS: Name: Dosciiption: a ype: Elk Site Staff Report.pdf Staff Report Backup Material Elk_Site _Devel_Plan _Map_pdf Plan Map Backup Material Elk Site Prelim Cost Est Grass.pdf Grass Estimate Backup Material Elk Site Prelim Cost Est Artif Turf.pdf Turf Estimate Backup Material Resolution _No._94-18.pdf Resolution No. 94-18 Backup Material Yorba Linda later District, STAFF REPORT DATE: August 2, 2010 TO: STEVE CONKLIN FROM: HANK SAMARIPA SUBJECT: PROPOSED DEVELOPMENT OF ELK MTN RESERVOIR SITE FOR YOUTH SPORTS FIELD Background In the early 1990s, as a condition in its development agreement with the District, Vista del Verde Development provided $300,000 to the District to help establish a community park on the District's Elk Mountain Reservoir site. Recently, District staff initiated discussions with local representatives for youth soccer and baseball organizations located in the eastern portion of the Yorba Linda community. The purpose of the discussions was to determine if they have an interest in the use of the reservoir site, with modest improvements, for practice fields for the youngest age groups. Those representatives indicated that they were very interested in the site for practice fields. Based on this response, District staff prepared preliminary cost estimates for two variations on modest improvements to the site, which would include a grass field (natural or artificial), grading and drainage, irrigation system for a natural grass field, chain-link fencing around the field, asphalt-paved parking lot for about 10 cars, and other minor improvements. The two estimates are attached, the first based on providing a natural-grass field, and the second based on providing an artificial-turf field. See attached sketch showing a preliminary plan for development of 57,000 square foot (about 1.3 acres) playing field. Preliminary Cost Estimate Based on the preliminary information at hand, and general cost quotes from suppliers, it is estimated that a natural-grass field may cost in the range of $271,000, and the same-sized artificial-turf field may cost in the range of $738,000. These costs include 10% for design costs, and 10% contingency. Thus, the added cost to provide a field with artificial turf versus natural grass is estimated to be $738,000- $271,000 = $467,000. However, there are potential savings with artificial turf. These savings would be the avoided costs associated with maintaining a natural-grass field, which includes mowing, irrigation and fertilizer. As shown on the attached cost estimate, the estimated cost to maintain and irrigate the natural-grass field may be in the range of $19,000 per year. Therefore, the potential payback for the added cost of providing a field with artificial turf would be the added cost for construction divided by the annual savings for reduced maintenance cost, which is $467,000/$19,000 per year, which equates to a payback of 24+ years. Note that this very simple payback analysis is based on preliminary cost data and assumes that there are no annual costs to maintain an artificial-turf field. If the District was to invest this extra cost into the project, it would save approximately 1.3 million gallons of water annually that would otherwise be used for irrigation with a grass field. This would be a strong affirmation by the District of its commitment to water conservation. The District would also be providing a larger-scale demonstration project for artificial turf and its benefit for water conservation. The proposed project for modest development for practice fields for local community sports organizations would demonstrate the District's desire to provide dual-use of its facilities, with the proviso that use would be controlled and limited to local recreational groups that provide all necessary insurance and indemnification. The issue at hand is to determine how much the District is willing to invest at this site, keeping in mind that proceeding with dual use could potentially lead to requests for the District to improve other sites for dual use. o t II tot O 9ojLKz" vJ - -1VA I l \�pVlgi ?2AtCTtCC rInD5 f=Lk .NbuNrAW .,Kn>E3CVOIR -,.t:5 III- �4 L• Preliminary Construction Cost Estimate -- Natural Grass Elk Mountain Site Youth Sports Field 2- Aug -10 Item Units Unit Cost Cost Chain link fence 780 Lf. $55 /LF $ 43,000 * 15'Sliding gate 1 $ 2,500 $ 2,500 Grading /Drainage 57,000 SF $1 /SF $ 57,000 Natural grass 57,000 SF $0.75/SF $ 42,750 * Irrigation 57,000 SF $0.43/SF $ 25,000 * Asphaltic Concrete 7,000 SF $7 /SF $ 49,000 Retaining Wall 100 Lf. $30 /Lf. $ 3,000 Signage 4 $250 EA $ 1,000 Sub Total of Construction Costs $ 223,250 Design Cost Estimate (10 %) $ 22,750 Sub Total $ 246,000 Contingency (10 %) $ 25,000 Total Cost Estimate - Natural Grass $ 271,000 *Preliminary Cost Quote from contractor or supplier Estimated Maintenance Expenses for 57,000 SF natural grass sports field Mowing one time per week- 3 hrs. @ $30 =$90 x 52 wks. = $4700 /yr. Water consumption: 3 AF /AC per yr x 1.3 acres = 1,280,000 gal /yr = 1713 units Annual water cost: 1713 units x $2.52 per unit = $4300 /yr Lawn food and weed abatement: $10,000 /yr. Total Estimated Maintenance Expenses per year: Comment or Description of Estimate 8 ft. high coated chain link fence 8 ft. coated 15' wide sliding chain link gate Include rough grading, 6" rock base, water barrier, drain pipe. Slope 1/2 % per ft. min. Natural sod - hybrid bermuda Tifgreen Designed for athletic fields, soccer and baseball. Commercial sprinkler installation with Smart Controller Asphalt pavement for 10 parking spaces at entrance 30" high retaining wall at entrance to parking lot. Miscellaneous allowance for signage to field. Annual Cost $4,700 $4,300 $10,000 $19,000 Preliminary Construction Cost Estimate -- Artificial Turf Elk Mountain Site Youth Sports Field 2- Aug -10 Item Units Unit Cost Cost Comment or Description of Estimate Chain link fence 780 LF. $55 /LF $ 43,000 * 8 ft. high coated chain link fence 15'Sliding gate 1 $2,500 EA $ 2,500 8 ft. coated 15' wide sliding chain link gate Grading /Drainage 57,000 SF $4.50 /SF $ 260,000 * Include rough grading, 6" rock base, water barrier, drain pipe, curb & gutter. Slope 1/2 % per ft min. Artificial Sod 57,000 SF $4.25/SF $ 250,000 * A -Turf Sod manufacture Mo. A -Turf Premier -RS -XP Designed for athletic fields, soccer and baseball. Asphaltic Concrete 7,000 SF $7 /SF $ 49,000 * Asphalt pavement for 10 parking spaces at entrance Retaining Wall 100 Lf. $30 /Lf. $ 3,000 30" high retaining wall at entrance to parking lot. Signage 4 $250 EA $ 1,000 Miscellaneous allowance for signage for field. Greens Groomer 1 $1,500 EA $ 1,500 * Artifical sod groomer Sub Total of Construction Costs $ 610,000 Design Cost Estimate (10 %) $ 61,000 Sub Total $ 671,000 Contingency (10 %) $ 67,000 Total Cost Estimate - Artificial Turf $ 738,000 Notes: 1. *Preliminary cost quote from contractor or supplier. 2. Estimate assumes minimal maintenance expenses and no irrigation system. 3. Information indicates that surface temperature of artificial turf may exceed 120 F, making it unusable at times. RESOLUTION NO. 94-18 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A RECREATION POLICY WHEREAS, the Yorba Linda Water District finds it in the best interest of the citizens of the District to encourage and support the conjunctive use of certain public assets for recreational and community purposes; and, WHEREAS, the Yorba Linda Water District has public facilities, such as the surfaces of buried concrete reservoirs and other assets, which might prove suitable for various recreational purposes; and, WHEREAS, those cities in the Yorba Linda Water District service area each provide comprehensive community recreation programs for their citizens; and, WHEREAS, these cities possess the knowledge, skill and abilities required to design and implement valued recreational and community programs for the communities they serve. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as that it shall be the policy of the Yorba Linda Water District to offer the use of certain facilities to cities in the District's service area as venues for the delivery of active recreational and sports programs, passive recreational activities such as trail stops and overnight camping, and other programs and services which might benefit the community now and in the future. PASSED AND ADOPTED this 27th day of October, 1994 by the following called vote: Ayes: 4 - Arthur Korn, Paul Armstrong, Michael Beverage and Sterling Fox Noes: 0 Absent: 1 - Carl Scanlin Abstain: 0 Vice President, Arthur.C° Korn Yorba Linda Water District r&aU _ Yorba Linda Water District ITEM NO. 3.3 AGENDA REPORT Meeting Date: August 23, 2010 Subject: City of Yorba Linda Sewers Update (Verbal Report) ATTACHMENTS: Name: Dosciiption: Type: Agenda Report - YL Sewer Transfer Agreement.pdf Agenda Report Backup Material PowerPoint - YL_Sewer _Transfer _Agreement.pdf PowerPoint Presentation Backup Material ITEM NO. 8.1 AGENDA REPORT Meeting Date: August 12, 2010 Budgeted: N/A To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: Yes Prepared By: Pat Grady, Assistant General CEQA Compliance: N/A Manager Subject: Draft Public Sewer Transfer Agreement SUMMARY: Attached for the Board's review and discussion is a draft Public Sewer Transfer Agreement. This agreement is the result of discussions between the District and the City of Yorba Linda regarding the transfer of ownership and maintenance responsibilities of the City-owned sewer system to the District. At their meeting on July 20, 2010, the Yorba Linda City Council requested that the District draft the initial agreement to facilitate the transfer of the east end sewer system. STAFF RECOMMENDATION: That the Board of Directors provide comments and feedback to staff regarding the Draft Public Sewer Transfer Agreement. COMMITTEE RECOMMENDATION: Discussion of this item will continue at the next Executive-Administrative-Organizational Committee meeting scheduled for August 17, 2010. DISCUSSION: In mid-2009, discussions began between the District and the City of Yorba Linda regarding the potential transfer of the assets and maintenance responsibility of the City-owned sewer system to the District. In January 2010, the Board of Directors went on record and notified the City Council of the District's willingness to accept and maintain the facilities and to continue uninterruptible sewer service to the residents on the east end should the Council desire to make the transfer. In May 2010, District staff made a presentation to the City Council regarding the District's history and role in providing services to the community and discussed the benefits the Yorba Linda residents would realize if the City transferred the sewer system to the District. Additionally, the transition process was discussed should the City Council decide to initiate the transfer. On July 20, 2010, the Yorba Linda City Council conducted a Proposition 218 hearing and voted to adopt sewer rates for FY 2010/11 through FY 2014/15 based on the recommendations of a Wastewater Rate Study conducted by their consultant PBSJ. The City Council then voted further to set a lower rate for the first fiscal year, equivalent to $5.50 per month for single-family residential class customers (equivalent to the District's charges) and to adjust rates for all other classes proportionately. Additionally, discussions took place regarding the possible transfer of the City's sewer facilities to the District, with Mayor Anderson suggesting city staff contact the District to see if we would be willing to begin drafting an asset transfer agreement. As a result of these activities and communications, staff and District's legal counsel jointly drafted the attached Public Sewer System Transfer Agreement, which addresses the primary issues to facilitate a seamless transition. The draft agreement has also been provided to the City for their initial review. It is important to note, however, that this agreement is subject to modification and contingent upon negotiations and discussions to take place between both parties. In summary format, highlights of the agreement include the following: . The effective date of the sewer asset transfer is scheduled to occur by October 1, 2010. . In addition to the transfer of the sewer facilities, other transfers includes: easements, permits and sewer inventory items. . Portions of the "Agreement for the Provision of Water and Sewer Services" between the City of Yorba Linda and the Yorba Linda Water District, dated October 3, 1977 remain in effect. . The City will provide the District with: accounting records related to the sewer, all existing sewer related funds, maintenance records, as-built maps, documents related to compliance with the FOG (Fats, Oils and Grease) program, industrial waste permits, and documentation of pending or potential claims or litigation. . The City will ensure that the sewer facilities are clear and free of any liens or encumbrances. . The City agrees to provide the District with all sewer maintenance revenue received through the property tax rolls on a monthly basis. . The City agrees to fund the replacement of the Greencrest sewer lift station. . The District agrees to facilitate the replacement of the Greencrest sewer lift station. . The City agrees to authorize PBSJ to release any information to the District regarding the preparation of the rate study. . The City agrees to support YLWD representation on the Orange County Sanitation District Board of Directors. . The City agrees to support and assist the District with any regulatory or jurisdictional requirements as a result of the transfer. . The City agrees to provide Code Enforcement services, on behalf of the District, for FOG program compliance with such services reimbursable by the District and by separate agreement. . The District will assume all accounts payable accounts accrued after the date of the transfer. . The District will assume certain contracts currently in effect and as negotiated by the District and the City. At this time, the draft agreement does not contain the referenced exhibits as both staffs will be working together to research and compile these items. Should both the District Board and the City Council finalize and approve the agreement by the month of September 2010, it is anticipated the transaction would be finalized by October 1, 2010. The absence of LAFCO approval provides both the District and City the opportunity for a prompt transaction. Since the sewer maintenance rates for FY 2010/11 were approved by the City Council during the Proposition 218 hearing, no changes will be recommended by staff for FY 2010/11 should the transfer take place. However, staff will be recommending that a supplemental rate analysis be completed to re-evaluate the rates adopted by the City beyond FY 2011/12 due to potential economies of scale. Staff anticipates this analysis will be completed in-house and in conjunction with the water rate study currently in progress. With the transfer of the sewer facilities, staff anticipates that the ongoing maintenance of the acquired facilities will require an additional two-person sewer crew and one additional vactor sewer truck. This will ensure that the maintenance schedule of the west end sewer system is not compromised and that the maintenance schedules throughout the entire sewer service area (east and west) of the District is completed in a uniform manner. PRIOR RELEVANT BOARD ACTION(S): In January 2010, the Board of Directors expressed its willingness to accept and maintain the east end City owned sewer facilities and notified the City Council of its action. ATTACHMENTS: Name: Doscdpticrt: u ype: ASSET _TRANSFER _AGREEMENT 8-5-2010~pdf Draft Agreement Backup Material Version 3: 81512010 PUBLIC SEWER SYSTEM TRANSFER AGREEMENT THIS PUBLIC SEWER TRANSFER AGREEMENT ("Agreement") is made and entered into on , 2010, by and between the YORBA LINDA WATER DISTRICT, a local public agency, created and operating under authority of Division 12 of the California Water Code ("District"), and the CITY OF YORBA LINDA, a municipal corporation organized and existing under Title 4, Section 34000 et seq. of the California Government Code ("City") (collectively referred to herein as the "Parties"). RECITALS WHEREAS, both the District and City have the legal power and authority to provide both water and sewer services to the lands and inhabitants within their respective boundaries. The purpose of this Agreement is to further strengthen a stable and compatible working relationship between the Parties with the goal of consolidating sewer service under one agency to maximize efficiencies for the overall benefit and enjoyment of the residents, businesses and other stakeholders ("Service Beneficiaries") of the Yorba Linda area; and WHEREAS, the District currently provides sewer service to approximately two thirds of the residents and businesses connected to the public sewer system within the City limits. The District provides water service to all areas within the City, with the exception of a small portion known as the Locke Ranch area, which is served by an investor-owned public utility. The District provides sewer service to the Locke Ranch area and water service to portions of the Cities of Anaheim, Brea, Placentia, and to a portion of an unincorporated County of Orange territory; and WHEREAS, Pursuant to the "Agreement for the Provision of Water and Sewer Services", dated October 3, 1977, the City currently provides sewer service to the East Yorba Linda Area (approximately 6,100 services), which generally extends easterly of Pasco De Las Palomas between San Antonio Road on the north and Esperanza Road on the south. Additionally, the District provides sewer service to the West End Yorba Linda Area (approximately 15,000 services) along with a portion owned by the City (approximately 3,000 services) generally located easterly of Fairmont Blvd and westerly of San Antonio Road, with Fairmont to the north, and Esperanza to the south; and WHEREAS, the governing bodies of the District and the City have determined that it would be in the best interest of their Service Beneficiaries for District to acquire the sewer collection system ("Sewer Collection Facilities") currently owned by the City; and WHEREAS, the City desires to transfer and assign to the District, at no cost to District, the Sewer Collection Facilities, and the associated parcels of real property, easement rights and other associated assets on the terms and conditions herein set forth, free and clear of all liens, and PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 1 Version 3: 81512010 District has expressed willingness to accept the Sewer Collection Facilities and the responsibility to provide continuing sewer service to the Service Beneficiaries of said facilities. WHEREAS, it is the objective of the Parties that the transfer of the Sewer Collection Facilities be accomplished in a manner that will maintain equity to the ratepayers and property owners of each of the Parties. NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and conditions herein, the Parties agree as follows: AGREEMENT 1.0. EFFECTIVE DATE. This Agreement shall be effective upon execution by all Parties, and all assets, liabilities, contractual rights and obligations, and any other real or personal property or other interest whatsoever of the City, related to the Sewer Collection Facilities, shall be transferred to the District in accordance with this Agreement by October 1, 2010 ("Transfer Date"). 2.0. MUTUAL CONSIDERATION. In reliance on the City's disclosures and representations, and in exchange for mutual consideration provided by the terns, conditions, covenants, and promises of this Agreement and the transfer of the Sewer Collection Facilities, the District agrees to assume the obligation and responsibility to provide sewer service and maintenance to the East Yorba Linda Area. In consideration for the District assuming the obligation and responsibility to provide sewer service and maintenance to the East Yorba Linda Area, the City agrees to transfer the Sewer Collection Facilities to the District. 3.0. TRANSFER OF ASSETS. Subject to the terms and conditions of this Agreement, on the Transfer Date, the City transfers and assigns to the District, and District accepts, all of the City's right, title and interest in and to the following assets, rights, claims, properties and interests that the City owns, (collectively, the "Transferred Assets"): 3.1. Sewer Collection Facilities. All of the City's right, title and interest in and to the Sewer Collection Facilities owned, leased or otherwise possessed by the City, as more fully described on Exhibit "A" ("Sewer Collection Facilities") 3.2. Easement Deeds and Real Property. All of the City's rights to access or use any real property or rights, title and interest to real property (including by lease, license, permit or easement) directly or indirectly used in the operation of the Sewer Collection Facilities, including, without limitation, those leases, easements, and real properties identified as Exhibit "B" ("Easements"). 3.3. Permits. All approvals, consents, licenses, permits, waivers or other authorizations issued, granted, given, applied for at the time of the Transfer Date or otherwise made available by or under the authority of any Governmental Authority (other PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 2 Version 3: 81512010 than the City) for the ownership or operation of any Sewer Collection Facility, including, without limitation, those Permits specified on Exhibit "C" ("Permits") to the extent such Permits are assignable. 3.4. Sewer Related Inventor.. Imo. Any and all inventory items utilized for the maintenance, repair, replacement, or rehabilitation of the Sewer Collection Facilities, attached hereto as Exhibit "D". 4.0. DISTRICT'S SERVICE OBLIGATIONS. Commencing on the Transfer Date, the District will provide continuing sewer service to residents that overlie the Sewer Collection Facilities and were previously served by the City. 5.0. MODIFICATION OF PRIOR AGREEMENT. The Parties hereby modify the "Agreement for the Provision of Water and Sewer Services" between the City of Yorba Linda and the Yorba Linda Water District, dated October 3, 1977 (the "1977 Agreement") as specified below. Except as expressly modified herein, the 1977 Agreement shall remain in full force and effect. To the extent that there is inconsistency between this Agreement and the 1977 Agreement, the terms of this Agreement shall govern. 5.1. Paragraph 10 is deleted in its entirety and the following paragraph is substituted in its place: 10. Water and Sewer Services. Water and sewer services to all areas within the City, including future territory annexed thereto, shall be provided by the District. The City agrees not to provide such services. The terms of this paragraph shall not limit the ability of the District to supply water and sewer services outside the boundaries of the City. The District shall be responsible for the design, construction, operation, maintenance, repair and replacement of all facilities, including in-tract subdivision systems, necessary to provide such water and sewer services. Developers applying to the District for water and sewer services shall comply with all of its rules and regulations, provided that such water and sewer services and conditions imposed by the District shall be in accord with generally accepted standards for public water and sewer supply systems. Nothing contained in this Agreement shall in any way limit the authority of the District in connection with its legal powers to supply water and sewer services." 5.2. Paragraph 12, formerly entitled "City Sewer Service Area," is deleted in its entirety and the following paragraph is substituted in its place: PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 3 Version 3: 81512010 12. District Sewer Service Area. The District shall provide sewer service to all of those areas within the City, including future territory annexed thereto, as shown on Exhibit `A' as the `City Sewer Service Area."' 6.0. Paragraphs 13, 14, 15, 16, and 17 remain in full force and effect except where the context requires that the word "City" be substituted by the word "District" in order to be consistent with Paragraph 10 and the District's assumption of obligations and responsibilities under this Agreement. 7.0. DISCLOSURES and REPRESENTATIONS. The City has made the following disclosures and representations to the District in connection with this Agreement. The City represents that the information and documents provided to the District as described below are complete and that the City has no knowledge of additional information or documents that have not been provided to the District and that would be material to these disclosures and representations. The District enters into this Agreement in reliance on the following disclosures and representations. 7.1. The City hereby represents that it has provided the District with a full accounting of monies and funds collected and expended to operate the Sewer Collection Facilities, including but not limited to Income and Expense reports, Balance Sheets, a listing of bad debts/delinquencies and audit reports for FY 2008/09 and FY 2009/10. 7.2. The City hereby represents that it has provided the District with any and all maintenance records, repair records, construction documents, purchase documents (including receipts and written warranties), and/or logs that relate to the Sewer Collection Facilities for the period January 2005 to the present. 7.3. The City hereby represents that it has provided the District with any and all as- built maps, specifications, and/or mapping documents that relate to the Sewer Collection Facilities. 7.4. The City hereby represents that it has provided the District with information and documentation related to the Fats, Oil and Grease (FOG) Program currently mandated in the Waste Discharge Requirements (WDR). This provision of information, however, shall not relieve the City of compliance obligations under this Agreement, as discussed below. 7.5. The City hereby represents that it has provided the District with copies of any and all information, correspondence, permits and/or orders related to industrial waste discharge for the period 2005 to the present. 7.6. The City hereby represents that this Agreement pertains to the Sewer Collection Facilities only, which is a portion of the sanitary sewer system that serves the City of Yorba Linda, and that the Agreement does not pertain to storm drains. 7.7. The City hereby represents that it holds in good standing and is currently in compliance with all permits and licenses necessary to operate the Sewer Collection Facilities and has not violated any applicable laws, rules or rcaulations in connection with its operation of the Sewer Collection Facilities. PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 4 Version 3: 81512010 7.8. The City hereby represents that it is currently aware of no claim or threat of litigation against the City or its assets in connection with the construction, operation or maintenance of the Sewer Collection Facilities, nor has the Cites notified of any investigation or inquiry by any governmental agency or authority into the operation of the Sewer Collection Facilities. 7.9. The City hereby represents that no third party holds a security interest or encumbrance in the Sewer Collection Facilities, the Easements, or any funds that will be provided to the District pursuant to this Agreement. 7.10. The City hereby represents that it holds clear title to all real property interests identified on Exhibit "B" hereto. 7.11. The City hereby represents that all approvals, consents, licenses, permits, waivers or other authorizations issued, granted, given, applied for at the time of the Transfer Date or otherwise made available by or under the authority of any Governmental Authority (other than the City) for the ownership or operation of the Sewer Collection Facility are listed on Exhibit "C" hereto. 7.12. The City hereby represents that all inventory items it currently utilizes for the maintenance, repair, replacement and/or rehabilitation of the Sewer Collection Facilities are listed and accounted for on Exhibit "D" hereto. 8.0. SEWER FUND AND INCOME. The City agrees to remit to the District any and all unexpended sewer related funds paid directly by the residents or collected from the property tax billings for sewer maintenance charges through to the Transfer Date. Effective as of the Transfer Date, the City will continue to derive income from the property tax billings for the sewer maintenance charge placed on the County of Orange tax roll for the sewer customers served by the City for FY 2010/11. The City agrees to remit to the District, on a monthly basis, any and all subject sewer related income previously described along with a listing of the parcels associated with the funds received by the County. 9.0. GREENCREST LIFT STATION REPLACEMENT. Notwithstanding any other provision in this Agreement, the Parties mutually agree that the sewer lift station located on Greencrest Drive, which provides service to seven residential homes, requires replacement at this time. The City agrees to provide the finding for the replacement of the lift station. The District agrees to coordinate the replacement effort, including soliciting engineering estimates, preparing bid documents, soliciting bids, and awarding a contract for replacement. The District agrees to consult with the City prior to approving the contract for replacement. 10.0. WASTEWATER RATE STUDY. The City agrees to authorize the consulting firm of PBSJ to provide District with any and all information, including working documents, calculations and analysis, the District may deem necessary to assess and evaluate the City of Yorba Linda Wastewater Rate Study (Attached as Exhibit "E") prepared by PBSJ dated April, 2010 and adopted by the City on July 20, 2010. 11.0. ORANGE COUNTY SANITATION DISTRICT REPRESENTATION. The City agrees to support District membership representation on the Orange County Sanitation PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 5 Version 3: 81512010 District Board and support the appointment of a representative from the District. The District representative shall be selected by the District's Board of Directors. 12.0. REGULATORY AND JURISDICTIONAL AGENCY SUPPORT. The City agrees to support and provide assistance where applicable, to the District, in the event permits or other documentation are required from regulatory or jurisdictional agencies (e.g. Regional Water Quality Control Board or Local Agency Formation Commission) for the transfer of the Sewer Collection Facilities to be finalized. 13.0. CODE ENFORCEMENT SERVICES. The City agrees to provide Code Enforcement services, on behalf of the District and throughout the service boundaries of the District, to enforce the Fats, Oil and Grease (FOG) Program currently mandated through the Waste Discharge Requirements (WDR). The District agrees to reimburse the City for said services at a cost mutually agreed upon by both Parties and by separate agreement. 14.0. REIMBURSEMENT BY CITY FOR RELOCATION. The City acknowledges that most of the Sewer Collection Facilities are located in the public right of way. In the event City requires District to relocate any portion of the Sewer Collection Facilities transferred by this Agreement after the Transfer Date, the City agrees to pay, in advance of commencement of construction, all costs incurred by the District for such relocation, including design and engineering fees, material costs and construction cost. 15.0. LIMITED ASSUMPTION OF LIABILITIES. The District shall assume the following listed liabilities for the ongoing operation of the Sewer Collection Facilities. 15.1. All accounts payable first accruing from and after the Transfer Date. The City shall retain all responsibility for collection and recovery of accounts payable accruing prior to the Transfer Date. 15.2. All accounts payable first accruing from and after the Transfer Date. The City shall retain all responsibility for collection and recovery of accounts payable accruing prior to the Transfer Date. 15.3. All performance obligations, including payment, under the following contracts between the City and third parties related to the Sewer Collection Facilities. The City assumes all responsibility for obtaining written assignment or transfer of these contracts, as may be required: 15.3.1. [LIST OF ALL CONTRACTS YLWD WILL ASSUME.] 15.4. All performance obligations, including reporting, under all approvals, consents, licenses, permits, waivers or other authorizations listed on Exhibit C, attached hereto and incorporated herein by reference. 16.0. INDEMNIFICATION. 16.1. Except as specifically identified and assumed in this Agreement, the District shall not assume any liabilities or potential liabilities of the City, known or unknown, that existed as of the Transfer Date relating to contracts, claims, lawsuits, debts, permits, fines, penalties, interest, treatment charges, or other costs related to the PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 6 Version 3: 81512010 Sewer Collection Facilities. City shall indemnify, hold harmless and defend the District at the City's own cost, expense and risk, against any and all claims, suits, actions or other legal proceedings of every kind that may be brought or instituted against District or any of its directors, officers, employees, agents, representatives, successors and/or assigns relating to the Sewer Collection Facilities during any period of time prior to the Transfer Date, irrespective of when the claim, suit, action or other legal proceeding was or is initiated. City shall pay and satisfy any judgment, award or decree that may be rendered against District or any of its directors, officers, employees, agents, representatives, successors and assigns or authorized volunteers, in any and all such aforesaid suits, actions, or other legal proceedings. 16.2. The District shall indemnify, hold harmless and defend the City at the District's own cost, expense and risk, against any and all claims, suits, actions or other legal proceedings of every kind that may be brought or instituted against City or any of its Council, officers, employees, agents, representatives, successors and/or assigns arising out of or relating to the obligations expressly assumed in this agree and to District's performance of its duties, as established herein, to provide sewer service after the effective date to the areas formerly served by the City. 17.0. FEES AND COSTS. 17.1. Each Party shall bear its own fees, costs or expenses, including attorney's fees and consultant fees, incurred in connection with the preparation, negotiation, finalization, approval or documentation of this Agreement and the related documents and transactions contemplated herein, regardless of when incurred. 17.2. In the event of any action arising out of, or in connection with, enforcement of this Agreement, the prevailing Party shall be entitled to have and recover, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation, its attorney's fees. 18.0. NOTICES. Unless otherwise expressly stated in this Agreement, all notices, requests and other communications under this Agreement shall be in writing and shall be delivered (1) in person, (ii) by registered or certified mail, return receipt requested, (iii) by recognized overnight delivery service providing positive tracking of items (for example, Federal Express), or (iv) by facsimile or other electronic transmission if a copy is sent simultaneously by a method described in clause (i), (ii) or (iii), addressed as hereinafter provided or at such other address of which the City or the District shall have given notice as provided in this Section. All such notices, requests and other communications shall be deemed to have been sufficiently given for all purposes hereof only upon receipt by the party to whom such notice is sent. Notices by the parties may be given on their behalf by their respective attorneys. Notices should be provided in accordance with this Section at the following addresses: District: General Manager PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 7 Version 3: 81512010 Yorba Linda Water District P.O. Box 309 Yorba Linda, California 92885-0309 City: City Manager City of Yorba Linda 4845 Casa Loma Yorba Linda CA, 92886-3364 19.0. SEVERABILITY. If one or more provisions of this Agreement shall be held invalid, illegal or unenforceable, such provision shall, to the extent possible, be modified in such manner as to be valid, legal and enforceable but so as to most nearly retain the intent of the parties, and if such modification is not possible, such provision shall be severed from this Agreement. In either case, the balance of this Agreement shall be interpreted as if such provision were so modified or excluded, as the case may be, and shall be enforceable in accordance with its terms. 20.0. ENTIRE AGREEMENT. This Agreement, together with the Exhibits, contemplated hereby, embodies the entire understanding and agreement of the City and the District with respect to the subject matter of this Agreement and merges and Supersedes all prior representations, agreements, and understandings, whether oral or written, between the City and the District with respect to the subject matter hereof, including, without limitation, any and all written or oral statement or representations by any official, employee, agent, attorney, consultant, or independent contractor of the City or the District. 21.0. COUNTERPARTS. This Agreement may be executed in two or more counterparts, including by means of faxed signature pages, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered into as of the day and year written above. District: City: Yorba Linda Water District City of Yorba Linda By: By: William R. Mills John Anderson President of the Board of Directors Mayor, City of Yorba Linda PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 8 Version 3: 81512010 ATTEST: Kenneth Vecchiarelli Secretary of the Board of Directors APPROVED AS TO FORM: McCormick, Kidman and Behrens, LLP By: Arthur G. Kidman, General Counsel APPROVED AS TO FORM: By: City of Yorba Linda, General Counsel Attachments: Exhibit A: Sewer Collection Facilities Exhibit B: Easements Exhibit C: Permits Exhibit D: Inventory Items Exhibit E: Wastewater Rate Study PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 9 8/20/2010 17 C-~ 'pi a Unda Waftr Ditrict Draft Public Sewer Transfer Agreement August 12, 2010 M-ftvar= v• • Mid 2009 City of YL held a Proposition 218 hearing - rates remained the same Discussions of sewer system transfer with City shortly followed • Jan 2010 - YLWD Board notified City of YLWD's willingness to accept facilities Maintain facilities ongoing Provide uninterruptible service • Ma 2010 - YLWD staff made presentation to the City Council • Jul 2010 - Council approves wastewater rate study - Adjusted sewer rate to match YLWD SFR rate for FY 2010/11 - Other charges were adjusted proportionally r - Requested YLWD to draft sewer transfer agreement _ . --,a "•l X11 t ` t' L'~'v. - -r " ~~K' ~ ~ fir 1 8/20/2010 17 C-~ i - - J ww a ` cy r~.G - 'ti r u - t ~ I I "i Sewer Stats • YLWD Owned & Maintained (West) - Approx. 15,000 connections - 164.3 miles of sewer line • YLWD Maintained - City owned (Central) - Approx 3,000 connections - 28.7 miles of sewer line • City Owned & Maintained (East) - Approx 6,100 connections V, _ - 71.5 miles of sewer line rR, ` ~ ~ Fq 2 8/20/2010 17 C_~ • Transfer Date - Oct 1/2010 - Contingent on agreement approved in Sep/2010 • Asset Transfer includes: - Sewer facilities, easements, permits, inventory items & funds collected for sewer maintenance - Free of any liens or encumbrances • YLWD Assumes - Accounts payables after date of transfer - Certain contracts mutually agreed upon Hjj • - - - • Other Items of Transfer - Maintenance records & as-built maps - Accounting records - FOG (Fats, Oil & Grease) compliance records • Other Conditions - City to fund replacement of Greencrest lift station - YLWD to facilitate replacement of the lift station 3 8/20/2010 17 • Other Conditions (con't) - City to authorize PBSJ release of information to YLWD - City agrees to support YLWD representation on Orange County Sanitation District - City agrees to support and assist with regulatory and jurisdictional requirements - City agrees to provide Code Enforcement services for FOG Program • YLWD to reimburse City for actual cost of services • Transfer • Regulatory & Jurisdictional Agency Notifications - LAFCO • Approval not required • East end area currently within YLWD's service boundary • YLWD has both water and sewer authority - Regional Water Quality Control Board - Orange County Sanitation District - Facilitate YLWD representation 4 8/20/2010 17 111104 0 61 OL i4 in • Sewer Rates for East End - Maintain City approved rates for FY 2010/11 • $5.50 for Single family residential - Includes Greencrest residents • City would remit sewer maintenance funds collected on the tax roll to YLWD monthly • YLWD to re-evaluate sewer maintenance charge for FY 2011/12 fo rwa rd - Potential for economy of scale opportunities • Additional Resources - Two-person crew - One additional vactor sewer truck L'am` 4-_ ~i• y. 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