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2010-12-22 - Board of Directors Meeting Agenda Packet
Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Wednesday, December 22, 2010, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Michael J. Beverage, President Phil Hawkins, Vice President Ric Collett Robert R. Kiley Gary T. Melton 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 December 9, 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 $1,157,799.80. 6.3. Terms and Conditions for Water and Sewer Service with BMI Holdings, LP Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with BMI Holdings, LP, Job No. 201027. 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. Award of Construction Contract for Emergency Pumpout Facilities and Anaheim Interconnection Project Recommendation: That the Board of Directors authorize the following: (1) accept the withdrawal of the $246,175 bid by R. Y. Engineering Works, Inc. for the subject project due to clerical error, in accordance with the California Public Contracts Code Sections 5100 -5110, and relieve the bidder from and return the bid security, and (2) authorize the President and Secretary to execute an agreement with GCI Construction, Inc. for construction of the Emergency Pumpout Facilities and Anaheim Interconnection Project, in the amount of $325,860, subject to the approval as to form by General Counsel. 7.2. Award of Construction Contract for Vista Del Verde Valve Replacement Project - Phases II & III Recommendation: That the Board of Directors award a contract to Stephen Doreck Equipment Rentals, Inc., in the amount of $330,650, for construction of the Vista Del Verde Valve Replacement Project — Phases II & Ill. 7.3. Engineering Services for the Yorba Linda Blvd Booster Station and Pipeline Project Recommendation: That the Board of Directors authorize execution of a Professional Services Agreement to Lee & Ro, Inc., for a fee not to exceed $423,624, to provide engineering, planning, design, and construction phase services for the Yorba Linda Blvd Booster Station and Pipeline Project. 7.4. MWDOC Turf Removal Program Agreement Recommendation: That the Board of Directors authorize the General Manager to execute the Agreement for Participation in the MWDOC Turf Removal Program. 8. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the District's interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 8.1. New Board Member Orientation CD 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report 9.2. Directors' Reports CRWUA Conference - December 15 -17, 2010 (Beverage, Kiley, Melton) 9.3. General Manager's Report 9.4. Future Agenda Items and Staff Tasks 10. COMMITTEE REPORTS 10.1. Executive - Administrative - Organizational Committee (Beverage /Hawkins) • Minutes of meeting held December 21, 2010 at 4:00 p.m. (To be provided at the meeting.) • Meeting scheduled January 18, 2011 at 4:00 p.m. 10.2. Finance - Accounting Committee (Collett /Kiley) • Minutes of meeting held December 20, 2010 at 4:00 p.m. (To be provided at the meeting.) • Meeting scheduled January 10, 2011 at 4:00 p.m. 10.3. Personnel -Risk Management Committee (Kiley /Beverage) Minutes of meeting held December 14, 2010 at 4:00 p.m. Meeting scheduled January 11, 2011 at 4:00 p.m. 10.4. Planning- Engineering- Operations Committee (Melton /Collett) Meeting scheduled January 6, 2011 at 4:00 p.m. 10.5. Public Information - Technology Committee (Hawkins /Melton) Meeting scheduled January 3, 2011 at 4:00 p.m. 10.6. MWDOC /OCWD Ad Hoc Committee (Beverage /Hawkins) • Meeting scheduled January 25, 2011 at 4:00 p.m. 10.7. Citizens Advisory Committee Beverage Minutes of meeting held December 13, 2010 at 8:30 a.m. Meeting scheduled January 24, 2011 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. WACO - December 10, 2010 (Hawkins) 11.2. MWDOC Board - December 15, 2010 (Melton /Staff) 11.3. OCWD Board - December 15, 2010 (Kiley /Staff) 11.4. YL Planning Commission - December 15, 2010 (Kiley) 11.5. YL City Council - December 21, 2010 (Melton) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from December 23, 2010 - January 31, 2011 13. CONFERENCES AND SEMINARS 13.1. WACO -December 10, 2010 WACO - January 7, 2011 SDLGI Governance Seminar - February 17 -18, 2011 Recommendation: That the Board of Directors authorize Director attendance at the above listed meetings and seminar. 14. 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. 14.1. Conference with Labor Negotiators Pursuant to Section 54956.7 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Pat Grady Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association 14.2. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager 15. ADJOURNMENT 15.1. The next regular meeting of the Board of Directors will be held January 13, 2011 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. AGENDA REPORT Meeting Date: December 22, 2010 ITEM NO. 6.1 Subject: Minutes of the Regular Board of Directors Meeting Held December 9, 2010 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name: Description: Type: 120910 BOD - Minutes.doc BOD Mtg Minutes 12/09/10 Minutes Approved by the Board of Directors of the Yorba Linda Water District 12/22/2010 PH /RK 4 -0 Director Collett was absent. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING December 9, 2010 1. CALL TO ORDER The December 9, 2010 regular meeting of the Yorba Linda Water District Board of Directors was called to order by Vice President Beverage at 8:32 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 40 DIRECTORS PRESENT STAFF PRESENT Michael J. Beverage, Vice President ' Ken Vecchiarelli, General Manager OTHER VISITOR Art Kidman, General Counsel, McCormick, Kidman & Behrens Laurie Ellen Park, Associate, McCormick, Kidman & Behrens Linda Bauermeister, Attorney, Barber & Bauermeister Nancy Rikel, Mayor, City of Yorba Linda Lynn Melton, Resident Mark Schock, Resident 4. ADDITIONS /DELETIONS TO THE AGENDA Mr. Vecchiarelli reported that Item No. 7.4. was removed from the agenda subsequent to posting and would be further discussed at the next Planning - Engineering- Operations Committee meeting before being brought back for consideration by the Board. 5. PUBLIC COMMENTS Mr. Schock addressed the Board and congratulated the newly elected members. Mr. Schock then stated that following the Freeway Complex Fire, District residents had requested that the Board consider the following: (1) changing the time the Board meetings are being held from morning to evening; (2) recording the Board meetings using audio and /or video and making the recordings available on the District's website; and (3) providing more comprehensive Board meeting minutes. Mr. Schock then suggested that the preventative maintenance report being provided to the Planning- Engineering- Operations be revised to 1 contain more specific information regarding hydrant testing. Mr. Schock further suggested that this matter be discussed by the Citizens Advisory Committee. Mr. Schock then commented on a movie titled Inside Job regarding bond ratings and questioned as to why similar Districts had received an AAA rating and the District had received a B+ rating. Mr. Schock also suggested that the Board consider increasing its reserves to help improve this rating. Mr. Schock again addressed the Board and summarized his reasons for making a public records request for salary information for various employment positions within the District. Mr. Schock stated that after conducting some research, he did not believe that the District would incur any substantial cost increase due to staff overtime if the Board held its meetings in the evening. 6. CLOSED SESSION The meeting was adjourned to Closed Session at 8:44 a.m. All Directors were present. Also present were Messrs. Vecchiarelli, Grady and Kidman and Mses. Knight, Bauermeister and Park. 6.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code 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) 2 7. 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) 7,0, Minutes of the Regular Board of Directors Meeting Held November 24, Recommendation. minutes as presented. That the Board of Directors approve the ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION Staff responded to questions from Director Melton regarding payments being made to various vendors. On a motion by Director Collett, seconded by Director Hawkins, the Board voted 5 -0 to approve Item No. 7.3. Payments of Bills, Refunds, and Wire Transfers. 3 91 7.3. Payments of Bills, Refunds, and Wire Transfers Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of $551,310.54. ITEMS REMOVED FROM THE AGENDA No action was taken on Item No. 7.4. 7.4. Terms and Conditions for Water Service with BMI Holdings, LP Director Hawkins made a motion, seconded by Director Collett, to appoint Annie Alexander as Secretary, Amelia Cloonan as Assistant Secretary, and Stephen Parker as Auditor. Motion failed 1 -4. Brief discussion then followed. Director Collett made a motion, seconded by Director Kiley, to appoint Ken Vecchiarelli as Secretary, Pat Grady as Assistant Secretary, and Stephen Parker as Auditor. Motion passed 5 -0. 12 8.2. Board of Directors Committee Assignments President Beverage suggested the following committee and intergovernmental meeting assignments: Executive - Administrative - Organizational Committee Director Beverage, Chair Director Hawkins Finance - Accounting Committee Director Collett, Chair Director Kiley Personnel -Risk Management Commi Director Kiley, Chair Director Beverage Yorba Linda Planning Commission Director Kiley / Director Collett ACWA/J PIA Director Hawkins LAFCO Director Beverage OCWD Director Kiley ISDOC Director Collett MWDOC Director Melton WACO Director Hawkins On a motion by Director Hawkins, seconded by Director Collett, the Board voted 5 -0 to approve the committee assignments as listed above for the upcoming calendar year. 5 9. REPORTS, INFORMATION ITEMS AND COMMENTS 9.1. President's Report President Beverage offered his congratulations to the newly elected Board members. 9.2. Directors' Reports Director Collett also offered his congratulations to the newly elected Board members. Director Kiley stated that he was also excited about being elected and that he was grateful to be a part of the Citizens Advisory Committee before Mr. Vecchiarelli then stated that a Check No. 55459 on the disbursement list would be voided as the employee recognition luncheon had been postponed. The Personnel -Risk Management Committee will be discussing other alternatives at their next meeting. 9.4. General Counsel's Report Mr. Kidman offered his congratulations to the newly elected Board members and stated that it has been a privilege to work with the District for most of his career. D 10. 9.5. Future Agenda Items and Staff Tasks None. COMMITTEE REPORTS 10.1. Executive - Administrative - Organizational Committee (Beverage /Hawkins) Meeting scheduled December 21, 2010 at 4:00 p.m. Meeting scheduled January 6, 2011 at 4:00 p.m. 10.5. Public Information - Technology Committee (Hawkins /Melton) Minutes of the meeting held December 7, 2010 were provided at the meeting. Directors Beverage and Hawkins attended. Matters discussed during the meeting were as follows: Winter Newsletter Content; YLWD Slogan Review; Promotional Collateral Inventory and Replacement; and IT Projects Monthly Status. Meeting scheduled January 4, 2011 at 4:00 p.m. *This meeting has since been permanently rescheduled to the first Monday of each month. The next meeting is scheduled January 3, 2011 at 4.00 p.m. 7 10.6. MWDOC /OCWD Ad Hoc Committee (Beverage /Hawkins) Meeting scheduled January 25, 2011 at 4:00 p.m. 10.7. Citizens Advisory Committee (Beverage) Meeting scheduled December 13, 2010 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL City Council —December 7, 2010 (Collett) Director Collett attended and reported that the City Council had conducted their annual reorganization and Nancy Rikel had been appointed as Mayor. Director Collett also commented on City participation in the League of California Cities which was discussed at the meeting. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from December 10, 2010 — January 31, 2011 The Board reviewed the listed meetings and made no additional changes. 13.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 11:10 a.m. President Beverage announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 14. ADJOURNMENT 14.1. The meeting was adjourned at 11:11 a.m. The next regular meeting of the Board of Directors will be held December 22, 2010 at 8:30 a.m. Ken Vecchiarelli Board Secretary 9 Meeting Date: To: From: Presented By: Prepared By: AGENDA REPORT December 22, 2010 Board of Directors Ken Vecchiarelli, General Manager Budgeted: Total Budget: Cost Estimate: Funding Source: Account No: Job No: Stephen Parker, Finance Director Dept: Reviewed by Legal: Maria Trujillo, Accounting CEQA Compliance: Assistant I ITEM NO. 6.2 Yes N/A $1,157,799.80 All Funds N/A N/A Finance N/A N/A Subject: Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $1,157,799.80. DISCUSSION: The wire transfer on this disbursement list is as follows: A wire of $704,655.52 to MWDOC for October 2010 water purchase. The balance of $216,419.43 is routine invoices. The Accounts Payable check register total is $921,074.95; Payroll No. 25 total is $236,724.85; and, the disbursements of this agenda report are $1,157,799.80. 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: Narn, Description: CkReg122210 BOD.pdf Check Register 10 -CS 1222.doc Cap Sheet Approved by the Board of Directors of the Yorba Linda Water District 12/22/2010 PH /RK 4 -0 Director Collett was absent. Yorba Linda Water District Check Register For Checks Dated: 12/10/2010 thru 12/22/2010 Check No. date Vendor Name Amount Description 1$25k or greater] 55507 12/22/2010 Abbott Staffing Group 3,216.40 55508 12/22/2010 Anaheim Wheel & Tire 75.00 55509 12/22/2010 Answer One Communications 727,25 55510 12/22/2010 Apollo Technologies Inc. 380.00 55511 12/22/2010 Appleone Employment Services 1,160.14 55512 12/22/2010 Aqua- Metric Sales Co. 8,965.62 55513 12/22/2010 Aramark 433.10 55514 12/22/2010 AW Direct Inc. 351.81 55515 12/22/2010 Battery Systems 59.99 55516 12/22/2010 Bear State Pump 600.05 55506 12/22/2010 BMI HOLDINGS 780.86 55517 12/22/2010 Buckley Productions, Inc. 68.48 55518 12/22/2010 Cal Society - Municipal Finance 300.00 55519 12/22/2010 Calolympic Safety Co. 135.11 55520 12/22/2010 Carolio Engineers 15,126.50 55521 12/22/2010 CDW Government, Inc 158.90 55522 12/22/2010 Chambers Group Inc. 1,46235 55523 12/22/2010 City Of Anaheim 1,559.12 55524 12/22/2010 City Of Placentia 520.10 55525 12/22/2010 City Of Placentia 10,715.80 55526 12/22/2010 CNA Surety 350.00 55527 12/22/2010 Coastline Equipment 6212 55430 12/10/2010 Colorado River Water Users Asc - 840.00 55502 12/10/2010 Colorado River Water Users Asc 420.04 55503 12/16/2010 Colorado River Water Users Asc 420.00 55528 12/22/2010 Consolidated Reprographics 226.46 55504 12/10/2010 Costco Online 454.25 55544 12/22/2010 Costco Online 869.96 55529 12/22/2010 Culligan 1,758.80 55530 12/22/2010 Dapper Tire Co. Inc. 271.22 55531 12/22/2010 Datalok Orange County 288.65 55532 12/22/2010 Dell Marketing L.P. 241.56 55533 12/22/2010 DeltaCare USA 78.47 55534 12/22/2010 Derek Nguyen 96.50 55535 12/22/2010 Diane Dalton 145.00 55536 12/22/2010 Dick`s Lock & Safe Inc. 96.92 55537 12/22/2010 Eisel Enterprises, Inc. 509.99 55539 12/22/2010 EyeMed 1,384.56 55538 1.2/22/2010 Federal Express 64.29 55540 12/22/2010 Filter Recycling Services, Inc 256.45 55541 12/22/2010 Franklin Covey 76.02 55542 12/22/2010 Fry's Electronics 389.18 55543 12/22/2010 Hall & Foreman, Inc 750.00 55545 12/22/2010 ID Modeling, lnc. 30,473.75 Sewer Master pin Nov svcs 55546 12/22/2010 Infosend Inc. 3,258.00 55547 12/22/2010 Instant Sign Center 78.30 55548 12/22/2010 Jackson's Auto Supply - Napa 268.43 55549 12/22/2010 Jimmy De Anda 38.05 55550 12/22/2010 Jobs Available 35.00 55551 12/22/2010 John Bogosian 465.12 55552 12/22/2010 Joyce Dale Consulting, Inc. 462.50 55553 12/22/2010 Konica Minolta Business 286.07 55554 12/22/2010 Lee Cory 105.00 55555 12/22/2010 Light Bulbs Etc 120.19 55459 12/10/2010 Lomeli's Italian Restaurant - 773.21 55556 12/22/2010 Malcolm Pirnie, Inc. 5,886.50 55557 12/22/2010 Marina Landscape, Inc 1,103.11 55558 12/22/2010 Mayer Print & Mail 1,197.34 55559 12/22/2010 Mc Cormick,Kidman & Behrens LLP 14,973.53 55560 12/22/2010 Mc Fadden -Dale Hardware 121.90 55561 12/22/2010 Measurement Control Systems 196.18 55562 12/22/2010 Merchants Building Maintenance LLC 5,993.13 55563 12/22/2010 Michaels Arts & Crafts, Brea #2111 81.56 55564 12/22/2010 Mouse Graphics 392.19 W121410 12/14/2410 Municipal Water District 704,655.52 55565 12/22/2010 MWH Americas, Inc. 26,118.95 55566 12/22/2010 Neil S. Levinbrook, LLC 865.00 55567 12/22/2010 Nickey Petroleum Co 4,351.01 55568 12/22/2010 NPELRA 525.00 55569 12/22/2010 Office Solutions 662.95 55570 12/22/2010 One Source Distributors, LLC 169.81 55571 12/22/2010 Orange County - I W M D 526.01 55573 12/22/2010 Orange County - Tax Collector 17.50 55572 12/22/2010 Orange County Sanitation District 330.00 55583 12/22/2010 P.T.I. Sand & Gravel, Inc. 926.55 55574 12/22/2010 Pacific Safety Council 699.00 55575 12/22/2010 Parts Source Anaheim 87.86 55576 12/22/2010 Pat Grady 50-00 55577 12/22/2010 Pete's Road Service Inc 1,001.66 55578 12122/2010 Pitney Bowes Inc 784.00 55579 12/22/2010 Placentia Disposal #676 573.96 55580 12/22/2010 Praxair Distribution 116-08 55581 12/22/2010 Priority Mailing Systems LLC 195.75 55582 12/22/2010 Prudential Group Insurance 2,978.42 55584 12/22/2010 RAMTEK Mission Critical Solutions 562.78 55585 12/22/2010 Redllne Detection 1,250.63 55586 12/22/2010 Sancon Engineering Inc. 32,585.00 55505 12/22/2010 SCHULER ENGINEERING CORP 632.80 55587 12/22/2010 Scott W. Moulton 1,530.00 55588 12/22/2010 Shred-it USA Inc 72.15 55589 12/22/2010 SolarwindsInc. 790.00 55590 12/22/2010 Southern Calif Gas Co. 7,751.25 55591 12/22/2010 Southwest Networks Inc. 67.50 55592 12/22/2410 Stacy Bavol /Petty Cash 272.36 55008 12/15/2010 State Board of Equalization - 2,000.00 55600 12/22/2010 State Board of Equalization 2,000.00 55593 12/22/2010 Steven Engineering 581.79 55594 12/22/2010 Underground Service Alert 124.50 55595 12/22/2010 Wells Supply Co 7,227.92 55596 12/22/2010 West Coast Safety Supply Co 425.01 55597 12/22/2010 Westside Building Material 358.20 55598 12/22/2010 Xerox Corporation 1,258.38 Water purchase October Hghld Bstr updgrade Sep -Nov Pipe Lining Services 55599 12/22/2010 Yorba Linda Hardware 19.53 Total $921,074.95 December 22, 2010 CHECK NUMBERS: Void Check 55008 $ (2,000.00) Void Check 55430 $ (840.00) Void Check 55459 $ (773.21) Manual Checks 55502 -55504 $ 1,294.25 Computer Checks 55505 -55600 $ 218,738.39 $ 216,419.43 NTJI N :S W- 121410 MWDOC $ 704,655.52 TOTAL OF CHECKS AND WIRE $ 921,074.95 PAYROLL NO. 25: Computer Checks 4735 — 4742 Manual Checks 4743 — 4751 $ 236,724.85 --------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $ 1,157,799.80 ------------------------------------------------------------------ ------------------------------------------------------------------ APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF DECEMBER 22, 2010 ------------------------------------------------------------------ ------------------------------------------------------------------ AGENDA REPORT Meeting Date: December 22, 2010 To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Steve Conklin, Engineering Manager Prepared By: Ariel Bacani, Engineering Technician II Budgeted: Funding Source: Account No: Job No: Dept: Reviewed by Legal: CEQA Compliance: ITEM NO. 6.3 N/A Developer Funded 1 -2600 201027 Engineering N/A N/A Subject: Terms and Conditions for Water and Sewer Service with BMI Holdings, LP SUMMARY: BMI Holdings, LP is proposing to develop a medical office building at 16671 Yorba Linda Blvd. The property is approximately 0.7 acres and is located on the north side of Yorba Linda Blvd., between Linda Vista St. to the west, and Rose Dr. to the east. An exhibit depicting the project location and facilities is attached for reference. STAFF RECOMMENDATION: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with BMI Holdings, LP, Job No. 201027. COMMITTEE RECOMMENDATION: This matter is being brought directly to the Board without prior review by the Planning- Engineering- Operations Committee because it is an administrative item for utility service with no unusual issues of concern. The Board also has the option of removing this item from the Consent Calendar for further discussion and separate action. DISCUSSION: The District has an existing 12 -inch water pipeline in Yorba Linda Blvd. which is adequate in size and of sufficient pressure to serve the proposed medical office building. BMI Holdings, LP is requesting a water service connection to this pipeline for domestic use. The applicant is also conditioned by the Orange County Fire Authority to provide a private fire suppression system. The District will require a double check detector backflow assembly and an isolation valve to separate the private system from the public system. The applicant is also required to install a water main valve adjacent to the fire service connection as shown on the attached exhibit. BMI Holdings, LP proposes to use two existing sewer laterals fronting the property. The applicant is required to notify the District for sewer service prior to use. The Terms and Conditions for Water and Sewer Service with BMI Holdings, LP are attached for your consideration. ATTACHMENTS: Name: 201027 T C.doc 201027 Exhibit.pdf Approved by the Board of Directors of the Yorba Linda Water District 12/22/2010 PH /RK 4 -0 Director Collett was absent. Description: Terms and Conditions for Water and Sewer Service with BMI Holdings, LP Exhibit of Proposed Water & Sewer Improvements for BMI Holdings, LP Type: Agreement Exhibit Date: December 22, 2010 YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR WATER AND SEWER SERVICE NAME OF APPLICANT: BMI HOLDINGS, LP LOCATION OF PROJECT: 16671 YORBA LINDA BLVD., YORBA LINDA TRACT NUMBER: N/A JOB NUMBER: 201027 LOT(S): 1 The applicant will be required to complete to the satisfaction of the District the following items that have an "X" following the number. 1) X The applicant shall provide the District with a copy of the Grant Deed or Title Report of the property to be served. 2) X The applicant shall include information deemed necessary by the District in the event the applicant is required to file a Department of Real Estate Tax Disclosure statement. 3) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 1 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. I. 4) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 2 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. 2. 5) X The applicant shall submit two (2) sets of the improvement plans to the District for plan check processing. a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 6) X Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. Page 2 of 5 NAME OF APPLICANT: BMI HOLDINGS, LP LOCATION OF PROJECT: 16671 YORBA LINDA BLVD., YORBA LINDA 7) X The applicant shall dedicate or obtain all easements deemed necessary by the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer (licensed prior to January 1, 1982) licensed to practice in the State of California. 8) X The applicant shall provide the District with a copy of the Recorded Tract /Parcel Map(s) or Easement Documents illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 9) The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. 10) X The applicant shall furnish the District with a 24 -hour emergency telephone number prior to the District's approval of the construction plans. 11) X The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 12) X The applicant shall complete a Temporary Construction Meter Permit application for all water to be used in construction work and all water used under such permit shall be taken from the approved construction meter. 13) X The applicant shall provide per the District specifications one complete set of "As Built" mylars and electronic copy of ACAD drawings (version 2008 or later) for the Water facilities. 14) X The applicant shall complete an Application to and Agreement for Water Service. 15) X The applicant shall pay all of the water fees as required by the Rules and Regulations of the District. 16) X The applicant shall pay meter fees associated with the installation of radio read meters for this project. 17) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Water Service. 18) X The applicant shall provide the District with a set of plans stamped and approved by the Orange County Fire Authority, or fire agency having jurisdiction, that identifies approved fire hydrant locations. Such approved plan must be submitted to the District before staff will initiate a District plan check for water improvements. Page 3 of 5 NAME OF APPLICANT: BMI HOLDINGS, LP LOCATION OF PROJECT: 16671 YORBA LINDA BLVD., YORBA LINDA 19) X The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan and the District's Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 20) X The applicant's water facilities (on -site) shall be Privately owned and maintained. 21) X The applicant shall be required to conduct flow tests at their cost in the event the Orange County Fire Authority requires a flow test. A District representative shall be present to witness the flow test. 22) X The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 23) The applicant shall install one 1 water Sampling Station(s) in conformance with the District's Standard Plans. 24) X The applicant shall provide a completed Surety Bond for the water facilities prior to the District signing the Water Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed water facilities. 25) The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 26) X All existing water services that are not useable in the new plan shall be cut and plugged at the main line. 27) X The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 28) X The applicant shall provide a written copy of the Bacteriological Report prior to occupancy releases certifying that the water meets the Health Department's requirements. 29) X The applicant shall adjust and raise to grade all valve covers within the limits of this project. 30) X The applicant shall install a pressure regulator in all dwellings that have over 80 p.s.i. static water pressure in accordance with the appropriate building codes. 31) X The applicant shall complete a Temporary Water Permit for all water that will be used through the new water services to serve the new dwellings. Page 4 of 5 NAME OF APPLICANT: BMI HOLDINGS, LP LOCATION OF PROJECT: 16671 YORBA LINDA BLVD., YORBA LINDA 32) X The applicant shall install a District approved backflow device in connection with any private fire suppression sprinkler facilities that may be required by the Orange County Fire Authority or fire agency having jurisdiction. 33) X The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. 34) X The applicant shall install and provide a written test report to the District for each backflow device certifying that the backflow devices are operating properly prior to the water meters being turned on for service. 35) X The applicant shall install and provide a written test report to the District certifying that the double check detector assembly is operating properly prior to the double check detector assembly being turned on for service. 36) X The applicant shall provide an annual written test report to the District certifying that the backflow devices and fire detector assemblies are operating properly pursuant to the District's Backflow Prevention Program and the State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross - Connections. 37) The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 38) The applicant shall complete an Application to and Agreement for Sewer Service. 39) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Sanitary Sewer Service. 40) X The applicant shall pay all of the sewer fees as required by the Rules and Regulations of the District. 41) The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan and Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 42) The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 43) X The applicant's sewer facilities (on -site) shall be Privately owned and maintained. 44) The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District's Plans and Specifications. Page 5 of 5 NAME OF APPLICANT: BMI HOLDINGS, LP LOCATION OF PROJECT: 16671 YORBA LINDA BLVD., YORBA LINDA 45) The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. 46) X The applicant shall install a sewer backflow prevention valve on all sewer service connections in which the pad elevations of the property being served is lower than the rim elevation of the upstream manhole. Installation of the backflow device shall comply with all requirements of the Building and Plumbing Codes of the appropriate agency having jurisdiction. 47) The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector, which will include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. (END OF STANDARD TERMS AND CONDITIONS) PROJECT SPECIFIC TERMS AND CONDITIONS 48) X The applicant shall install one new water service, one new fire protection line and one water main valve, per approved plans and District Specifications. I hereby certify that the foregoing Terms and Conditions were approved at the December 22, 2010 Regular Meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms and Conditions shall become void six (6) months from the approval date if a formal Application To and Agreement with the Yorba Linda Water District for Sewer Service is not executed for the project under consideration. Kenneth R. Vecchiarelli, P.E., General Manager - - ----------- A _- -_ �- __ __ - -�� FFF1 I ►A I I I PARKING LOT o ' b I LLL ■ I � I ■ I ■ IZII I I IJ� Iz ■ 3 Iwl ■ ■ w I'llz Lu a EI ry 1 ■ II 3I PROPOSED DOUBLE a PROPOSED MEDICAL �1 I OFFICE BUILDING 1 1 ■ 1 - U F— ;-II I CHECK ASSEMBLY T 1 I PROPOSED 2 "0 WATER SERVICE RECONSTRUCT EXIST. Z I I Q. 4" SEWER LATERAL / J i I PROPOSED 6 "0 a/ FIRE SERVICE LINE } / —� EXIST. B V_C.P. SAN. SEWER MAIN LINE — — —� — — — — — — — — — — — — C I� I -- t4---- 4- ------ - - - - -- � � PROPOSED 72 INCH — II WATER MAIN VALVE I l ! / I / 4 — EXIST. 12 "ACP WATER MAIN LINE — YORBA LINDA BOULEVARD PREPARED BY: 9L w PLAN N.T.S. YORBA LINDA WATER DISTRICT 1717 E. MIRALOMA AVENUE PLACENTIA, CALIFORNIA 92870 (714) 701 -3100 VICINITY MAP N.T.S. PROPOSED WATER AND SEWER IMPROVEMENTS FOR BMI HOLDINGS, LP MEDICAL OFFICE BUILDING PROJECT SITE SCALE: N.T.S. DATE: 12 -13 -2010 FILENAME: JOB NO. 201027 ITEM NO. 7.1 AGENDA REPORT Meeting Date: December 22, 2010 Budgeted: Yes Total Budget: $500,000 To: Board of Directors Cost Estimate: $420,000 Funding Source: All Water Funds From: Ken Vecchiarelli, General Account No: 101 -2700 Manager Job No: J- 200903 and J- 200906 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Hank Samaripa, Project CEQA Compliance: Exempt Engineer Subject: Award of Construction Contract for Emergency Pumpout Facilities and Anaheim Interconnection Project SUMMARY: On November 10, 2010, bids were received from twelve general contractors for the construction of the Emergency Pumpout Facilities and Anaheim Interconnection Projects. The projects consist of installing three emergency pumpout connections in the District's water distribution system and upgrading three existing interconnections with the City of Anaheim's water system. The low bid was $246,175 by R.Y. Engineering Works, Inc., who later requested to withdraw their bid due to a clerical error. Legal counsel and District staff reviewed the request letter (attached) and recommend that the Board approve the withdrawal request and that the contract be awarded to the second -low bidder, GCI Construction, Inc. for $325,860. The consulting engineer's estimate for the project was $420,000. STAFF RECOMMENDATION: That the Board of Directors authorize the following: (1) accept the withdrawal of the $246,175 bid by R.Y. Engineering Works, Inc. for the subject project due to clerical error, in accordance with the California Public Contracts Code Sections 5100 -5110, and relieve the bidder from and return the bid security; and (2) authorize the President and Secretary to execute an agreement with GCI Construction, Inc. for construction of the Emergency Pumpout Facilities and Anaheim Interconnection Project, in the amount of $325,860, subject to the approval as to form by General Counsel. DISCUSSION: District staff combined two capital projects identified in the approved Capital Improvement Plan for Fiscal Years 2010 to 2013, in order to reduce advertising costs and to obtain economy of scale for construction. The first project is three emergency pumpout facilities located at: 1) Fairmont Blvd and Eagles Nest Drive; 2) Aviemore Drive and Deveron Cove; and 3) Fairmont Blvd and Trentino Drive all within the City of Yorba Linda. This project will benefit the District's customers by increasing reliability and making it possible to move water more efficiently between pressure zones in times of emergency or loss of supply. The second project is rebuilding and upgrades to three interconnections with the City of Anaheim's water distribution system. The sites are located at the boundary of the two agencies, at the following locations: 1) Fairbury Lane near Weir Canyon Road; 2) Crystal Drive near Weir Canyon Road; and 3) Willow Woods Drive near Orangethorpe Avenue. In accordance with the terms of an agreement approved by both agencies, the cost of design and construction is split equally between the partnering agencies. The interconnections make it possible for either agency to provide water to the other on short notice in time of water loss, unusually high demands or during an emergency. Bids were received November 10, 2010 from 12 general contractors. The apparent low bid was $246,175 but withdrawal was requested by the bidder due to a clerical error. A copy of the letter requesting the withdrawal is attached.The second low bid was $325,860 with the remaining bids ranging up to $606,800, as shown on the attached bid summary sheet. The bid tabulation and other bid documents from the second low bidder, GCI Construction, Inc., were reviewed by District staff and found to be acceptable. Staff recommends award of this project to GCI Construction for $325,860. ATTACHMENTS: Name: Description: Type: Bid Error Ltr 111610.PDF Bid Error Ltr Backup Material 11 -10 -2010 Bids 111810.xlsx 11 -10 -2010 Bid Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/22/2010 PH /GM 4 -0 Director Collett was absent. I YENGINEERING . WORKS, INC. ENGINEERING & PLUMBING CONTRACTORS November 16, 2010 Yorba Linda Water District 1717 E. Miraloma Ave. Placentia, California 92870 Attention: Mr. Hank Samaripa P.O. Box 4181 • Burbank, CA 91503 818.480.8966 • Fax 818.351.8127 ryengineeringworks@gmail.com Lic # 895659 • A, B, C36 Sent via Email To: hsamaripa @ylwd.com Reference: "Job A" Emergency Pumpout Facilities, and "Job B" Anaheim Interconnection Project Dear Mr. Samaripa R.Y. Engineering Works, Inc. (RYEW) respectfully requests to withdraw the bid submitted on November 10, 2010 for the above referenced project in the amount of $246,175.00 due to a clerical error in accordance with the California Public Contract Code Sections 5100 -5110, and requests relief from and return of the bidder's security. Apparently, the clerical error occurred when the bid was transcribed from the estimating spreadsheet to the bid documents. Due to an error in filling out the estimating spreadsheet, apparently $60,000.00 was left out of the bid. While entering in labor costs, the estimator mistakenly put $6,000.00 rather than $60,000.00. This keystroke error resulted in a bid materially different from what RYEW intended to submit. RYEW regrets any inconvenience this mistake may have resulted in. Should you have any questions, feel free to contact the undersigned. Yarb►a Uiimcla. ■/A/ater D=istr=ict "JOB A" EMERGENCY PUMPOUT FACILITIES AND "JOB B" ANAHEIM INTERCONNECTION PROJECT PROJECT NO. 200903 & 200906 WEDNESDAY, NOVEMBER 10, 2010 COMPANY R. Y. En ineering Works, Inc. $ 246,175.00 GCI Construction, Inc. $ 325,860.00 PEI Paulus Engineering, Inc. $ 354,612.00 SRD Engineering, Inc. $ 385,385.00 Tennyson Pipeline Co. $ 390,900.00 Atlas- Allied Inc. $ 393,500.00 Colich & Sons, L. P. $ 418,505.00 Valverde Construction Inc. $ 436,990.00 4 -Con Engineering, Inc. $ 453,350.00 Doty Bros. Equipment Co. $ 529,929.00 KEC Engineering $ 540,400.00 Minco Construction $ 606,800.00 ITEM NO. 7.2 AGENDA REPORT Meeting Date: December 22, 2010 Budgeted: Yes Total Budget: $600,000 To: Board of Directors Cost Estimate: $400,000 Funding Source: All Water Funds From: Ken Vecchiarelli, General Manager Job No: 200908 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Derek Nguyen, Water Quality CEQA Compliance: Exempt Engineer Subject: Award of Construction Contract for Vista Del Verde Valve Replacement Project - Phases II & III SUMMARY: This project replaces the remaining 17 of 22 defective butterfly valves in Lakeview and Valley View Avenues in the City of Yorba Linda. Fifteen bids were received on November 30, 2010. Following review of the bids, staff recommends award to the low- bidder Stephen Doreck Equipment Rentals, Inc. STAFF RECOMMENDATION: That the Board of Directors award a contract to Stephen Doreck Equipment Rentals, Inc., in the amount of $330,650, for construction of the Vista Del Verde Valve Replacement Project — Phases II & III. DISCUSSION: In the initial construction of the Vista Del Verde Development project, the developer installed twenty -two butterfly valves in sizes 16 -inch through 36 -inch along Valley View and Lakeview Avenues in the City of Yorba Linda. These valves were integral components of two major transmission and distribution pipelines required for water service throughout the master planned development. The District has found these valves to be substandard for continued service in buried application and unreliable. When this determination was made, the substandard valves were no longer under warranty with the manufacturer or the developer. Replacement of these valves was approved by the Board as part of the budgeted Capital Improvement Program. Phase I of the project replaced five valves and was successfully completed in July 2010. Fifteen construction bids were received on November 30, 2010 for Phases II & III, to replace the remaining seventeen defective butterfly valves with results as follows: Ranking No. Company Bid Price 1 Stephen Doreck Equipment Rentals, Inc. $330,650 2 Paulus Engineering, Inc. $342,500 3 SRD Engineering, Inc. $402,000 4 GCI Construction, Inc. $407,555 5 VCI Telcom $425,000 6 Spiniello Companies $429,000 7 J. De Sigio Construction, Inc. $449,000 8 C.P. Construction $450,500 9 Valverde Construction, Inc. $458,500 10 Garcia Juarez Construction, Inc. $460,000 11 Domiguez General Engineering, Inc. $462,000 12 Kana Pipeline, Inc. $488,600 13 Atlas- Allied, Inc. $494,600 14 Mike Bubalo Construction, Inc. $498,000 15 J.A. Salazar Construction $635,000 The bid documents, references and experience of the low bid company were reviewed and found to be acceptable. Therefore, staff recommends the Board award a contract to Stephen Doreck Equipment Rentals, Inc. for $330,650. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors awarded Phase I of the Vista Del Verde Valve Replacement Project to Valverde Construction, Inc. on June 10, 2010 and a Notice of Completion was filed on July 21, 2010. Approved by the Board of Directors of the Yorba Linda Water District 12/22/2010 PH /RK 4 -0 Director Collett was absent. ITEM NO. 7.3 AGENDA REPORT Meeting Date: December 22, 2010 Budgeted: Yes Total Budget: $6.7 M To: Board of Directors Cost Estimate: $600,000 Funding Source: All Water Funds From: Ken Vecchiarelli, General Account No: 101 -2700 Manager Job No: J- 200817 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Hank Samaripa, Project CEQA Compliance: Pending Engineer Subject: Engineering Services for the Yorba Linda Blvd Booster Station and Pipeline Project SUMMARY: Staff issued a Request for Proposal to seven consultants for engineering, planning, design, and construction services for the Yorba Linda Blvd. Booster Station and Pipeline Project. Staff evaluated the proposals received November 19 and recommends award to Lee & Ro, Inc. STAFF RECOMMENDATION: That the Board of Directors authorize execution of a Professional Services Agreement to Lee & Ro, Inc., for a fee not to exceed $423,624, to provide engineering, planning, design, and construction phase services for the Yorba Linda Blvd Booster Station and Pipeline Project. DISCUSSION: The project consists of constructing a new 5,000 gallon per minute (gpm) booster pump station off Yorba Linda Blvd. and Gun Club Road, and 4,700 lineal feet of 20 -inch diameter water transmission main in Yorba Linda Blvd. Both projects were identified in the 2005 Water Master Plan and approved Capital Improvement Plan for Fiscal Years 2010 -2013. Staff solicited proposals from seven consulting firms experienced in this field. Proposals were received November 19, 2010. The Engineering review team evaluated, ranked, and scored the proposals based on technical merit, including related experience of the project manager and lead team members, approach to dealing with key issues, content and understanding of the project. After the proposals were reviewed and ranked on technical merit, the separate fee envelopes were opened and fees reviewed. Findings are summarized below. Included is the listing of staff hours for each, which is an indicator of the level -of- effort proposed. In some of the proposals, the work effort of subconsultants was listed in the staff -hour total, and in others, it was included as a separate cost item (rather than hours) as part of the fee proposal. For example, in the table below, the work effort proposed by Tetra Tech is 3,724 hours plus that of their subconsultants. For Bureau Veritas, the work effort proposed is 2,169 hours, which includes that for their subconsultants. Firm Evaluation Score Fee Staff Hours TetraTech 35.24 $750,000 3,724 + Subs Lee & Ro, Inc. 34.87 $423,624 2,668 + Subs BureauVeritas 34.5 $263,975 2,169 Psomas 34.22 $507,482 3,613 Webb Associates 34.06 $440,000 2,745 + Subs MWH 33.55 $749,645 4,940 Black &Veatch 31.87 $530,000 3,802 The four - person review team discussed the technical scores, proposed fees and further evaluated the proposals. The review team's resulting conclusions are as follows: 1. While Tetra Tech had the highest technical score, the proposed fee of $750,000 is too high when compared with that for the other high- scoring firms. 2. The third - ranked firm, BureauVeritas had a proposed fee of $263,975. The review team's conclusion was that this was too low when compared to the others, and not adequate to provide the level of effort necessary for a project of this magnitude. This is reflected in the proposed 2,169 hours, which is significantly less that the effort proposed by all of the other firms. 3. The review team reviewed again the proposal, staff hours and fee breakdown provided by Lee & Ro, Inc. and concluded that they had the best combination of staff, qualifications, experience, project understanding, and appropriate fee for the project. Therefore, staff's recommendation is to retain the firm Lee & Ro, Inc. to provide the engineering services required for the Yorba Linda Blvd. Booster Station and Pipeline Project. Approved by the Board of Directors of the Yorba Linda Water District 12/22/2010 PH /GM 4 -0 Director Collett was absent. AGENDA REPORT Meeting Date: December 22, 2010 To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Ken Vecchiarelli, General Manager Prepared By: Cindy Botts, Management Analyst Budgeted: Total Budget: Cost Estimate: Funding Source: Account No: Dept: ITEM NO. 7.4 No $10,000 from SmarTimers $10,000 Water Operating Fund 1- 2020 - 0600 -00 Administration Reviewed by Legal: Pending CEQA Compliance: N/A Subject: MWDOC Turf Removal Program Agreement SUMMARY: The Municipal Water District of Orange County ( MWDOC) Turf Removal program provides financial incentives of $1 per square foot for the removal of turf grass and the replacement of this grass with living drought tolerant plants. The Yorba Linda Water District will match the financial incentive of $1 per square foot, up to a program total of $10,000. Synthetic turf, concrete and other hardscape improvements are not allowed as qualifying replacement products under the turf removal program. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to execute the Agreement for Participation in the MWDOC Turf Removal Program. COMMITTEE RECOMMENDATION: The Public Information - Technology Committee discussed this rebate program and YLWD's participation, including the recommended matching funds, on November 9, 2010. The Committee recommends the Board of Directors authorize execution of the Agreement for Participation in the MWDOC Turf Removal Program. DISCUSSION: The Turf Removal Program is the first of its kind that MWDOC has offered. As such, it will be a short -term program with an application ending date of January 31, 2010 and a program end date of March 31, 2011. The level of interest in this program will dictate whether it will be offered in the next fiscal year. As of December 2, 2010, the Yorba Linda Water District has received 3 applications. As a condition of participation in the program, interested applicants are required to allow District personnel to conduct both pre -and post- inspection site visits, to confirm the validity and quantity of turf proposed for removal, and to confirm the project is completed within the time constraints of the program prior to authorizing a rebate. These site visits will include photos taken by the District of the project for public information and promotional purposes. As the Turf Removal Program was not established prior to the creation of the FY 2010/11 Budget, funds were not budgeted specifically for this program. As the interest in the SmarTimer rebates have gone down drastically in the last year, a total of $10,000 will be used from that budget item to pay for the Turf Removal Program funds match. PRIOR RELEVANT BOARD ACTION(S): The District has not participated in a Turf Removal Program in the past. ATTACHMENTS: Name: Description: Type: MWDOC _ Turf _Removal _Agreement.docx Agreement for Participation- Turf Removal Backup Materiz• Approved by the Board of Directors of the Yorba Linda Water District 12/22/2010 PH /RK 4 -0 Director Collett was absent. Agreement for Participation in Municipal Water District of Orange County's Turf Removal Program This agreement for participation and, where indicated, co- funding ( "Agreement ") is made on the last date signed below by and between MUNICIPAL WATER DISTRICT OF ORANGE COUNTY ( "MWDOC ") and ( "Participant "). When executed, this Agreement provides for participation in the Turf Removal Program ( "Program ") administered by MWDOC in Participant's service area, as described herein. 1. Rebate Program. MWDOC has developed and arranged funding for the Program through the Metropolitan Water District of Southern California ( "Metropolitan "). The Program will provide financial incentives on a first come, first served basis while Metropolitan funding lasts for the removal of turf by residential and small commercial water users within Participant's service area. Turf removal projects must meet Program guidelines to be eligible for financial incentives in the form of a cash payment for each square foot of removed turf. The Program's objectives are to achieve savings in water consumption, reduce water runoff to storm drains and natural water bodies, and promote the goals of the applicable Best Management Practices. 2. Requirements for All Participants. All Participants are required to either conduct pre- and post -turf removal site inspections for all Program Applications submitted to MWDOC from within the Participant's service area, or provide funding to MWDOC for the cost of MWDOC's site installation inspection consultant, Mission Resource Conservation District (MRCD), to conduct both pre and post -turf removal inspections. 2.1. Upon receipt of a Program Application, MWDOC shall enter the application information into its database and issue a pre -turf removal inspection work order to Participant. If Participant elects to have MRCD complete the site inspection, it will so indicate on the work order and return it promptly to MWDOC. 2.2. If Participant elects to provide in -kind inspection services, Participant shall be responsible for the following activities. 2.2.1. Participant shall schedule and conduct a pre and post -turf removal inspection, complete the pre and post -turf removal work order as provided by MWDOC with the required data and site photographs, and establish that the applicant's proposed project and site are consistent with the intent of the Program. The pre -turf removal inspection shall establish that the applicant's site consists of between 250 and 10,000 square feet of live turf being irrigated with potable water. The post -turf removal inspection shall collect the data listed in Paragraph 2.5 of this agreement. 2.2.2. At the conclusion of the pre and post -turf removal inspection, Participant shall submit the completed work order to MWDOC. The pre -turf removal inspection work order shall contain a recommendation to approve or deny the application. If MWDOC staff agrees with the recommendation, it shall approve the application, designate the site as an eligible Program turf removal project, and issue a Notice to Proceed to the applicant, or reject the application and issue a Participation Denial Notice to the applicant. The post -turf removal inspection work order shall be the basis for calculating the rebate incentive. Agreement for Participation MWDOC Turf Removal Program 2.2.3. If MWDOC staff disagrees with Participant's recommendation, MWDOC will so notify Participant. Participant may renew its recommendation and submit it to MWDOC for reconsideration, but the final decision on a Notice to Proceed lies with MWDOC. 2.3. If Participant elects to provide funding to MWDOC for MRCD inspection services for both the pre and post -turf removal inspections, Participant shall be responsible for the following activities. 2.3.1. Upon receipt of pre -turf removal inspection work order from MWDOC, Participant shall return the work order to MWDOC with a request to have the site inspection(s) completed by MRCD at Participant's cost. 2.3.2. At the conclusion of the pre -turf removal inspection, MWDOC will contact Participant with a recommendation that the application be approved or denied. Participant shall promptly review the recommendation and notify MWDOC if it agrees or disagrees. MWDOC will work with Participant in good faith to resolve differences of opinion regarding the status of a particular application, but the final decision on issuing a Notice to Proceed lies with MWDOC. Once MWDOC has made a final decision on an application, MWDOC will issue a Notice to Proceed or a Participation Denial Notice to the applicant. 2.3.3. At the conclusion of the post -turf removal inspection, MWDOC will direct its accounting department to issue a rebate incentive check to the party listed on the Program application within a six (6) week period. Rebate incentive shall be based on the square footage calculation listed on the post -turf removal work order. 2.3.4. Participant shall be responsible for the actual cost charged to MWDOC by MRCD for pre- and post -turf removal inspections, which will be invoiced to Participants on a monthly basis by MWDOC. MRCD inspection costs are invoiced to MWDOC pursuant to a services agreement between MRCD and MWDOC. At the time this Agreement is executed, the residential turf removal inspection cost as charged to MWDOC by MRCD is $89 per residential inspection. The total cost for both pre and post -turf removal residential inspections is thus $178.00. The current commercial inspection cost as charged to MWDOC by MRCD is approximately $151.36 per inspection, based on an average of four (4) hours for a small commercial site at $37.84 per hour. Again, two commercial inspections are required, for a total estimated cost of $302.72. If and when the MRCD costs increase, MWDOC will pass the increases through to Participant. 2.4. The post -turf removal inspection, whether completed by Participant or MRCD, shall establish the following: 2.4.1. The site's precise turf removal area in square feet as removed in association with this Program. This shall be the basis for calculating the amount of each site's rebate. 2.4.2. The site's turf removal area does not include any live or synthetic turf. 2.4.3. The converted area's irrigation system, if any, is a low flow system (drip or bubblers). If part of a lawn is converted, the sprinkler system must be properly modified to provide adequate coverage to the remaining lawn without spraying the converted area. 2.4.4. All exposed soil in the converted area is covered with a 2 -3" layer of mulch, except in areas planted with creeping or rooting groundcovers or directly seeded. 2 Agreement for Participation MWDOC Turf Removal Program 2.4.5. Converted area is permeable to air and water. Weed barriers must be permeable. Concrete, plastic sheeting or other impermeable surfaces do not qualify for incentives under the Program. 2.4.6. No invasive plant species are used. 3. Option: Requirements for Participants Providing Supplemental Funding For Rebate Incentives. Participant has the option to provide supplemental funding to customers in its service area to further incentivize participation. Supplemental funding for rebate incentives on behalf of Participant, if any, is set forth in Table 3.1 below. If Participant has elected not to provide additional funding upon initial execution of this Agreement, Table 3.1 below will contain 10" funds. TABLE 3.1 — OPTIONAL SUPPLEMENTAL FUNDING Agency Name: Supplemental Funding Levels Incentive per Square Foot /Site $ 1 Maximum for Rebate Incentives $ 10,000 program maximum Without formal written amendment of this Agreement, Participant (if no supplemental funding is initially provided) may at any time during the term of the Agreement notify MWDOC that it will begin providing supplemental funding. In addition, at any time during the term of the Agreement, Participant may make additional supplemental funding available. Both changes may be accomplished by written notice to MWDOC in the form of a letter from Participant's General Manager. If Participant notifies MWDOC of its intent to terminate its supplemental funding, or the maximum supplemental funding amount is exhausted, MWDOC will continue to offer the basic incentives provided herein. 4. MWDOC's Obligations. In addition to the obligations stated above, under this Agreement MWDOC shall be responsible to Participant for the following: 4.1. Providing a base incentive of $1 per square foot of verified removed turf on a first come first served basis while Metropolitan funds exist during the term of this Agreement to the eligible applicants who successfully complete the participation process; 4.2. Databasing all applications received on Participant's behalf; 4.3. Ensuring that timely reports on the Program's results are prepared by MWDOC's staff; 4.4. Developing a database of information regarding participation in the Program and providing monthly electronic and written reports of activity to Participant. The electronic reports will include, without limitation, Participant's customer account number, customer name, service address, quantity of turf removed, Participant's level of supplemental funding provided (if any), and base incentive paid; 4.5. Invoicing Participant for its supplemental funding obligation and monitoring the number of rebate applications approved in Participant's service territory to ensure that it is within the "Optional Supplemental Funding" as provided in Table 3.1 of this Agreement. MWDOC does not guarantee any minimum number of rebates will be available for Participant's service area. Agreement for Participation MWDOC Turf Removal Program 4.6. Invoicing Participant for Participant's obligation for inspection services as performed by MWDOC's inspection contractor, MRCD. 4.7. Reporting to Metropolitan on a monthly basis, detailing the Program's activity and requesting reimbursement for those activities at a rate of $1 per square foot of removed turf. 5. Participant's Obligations. In addition to the obligations stated above, under this Agreement Participant shall be responsible to MWDOC for the following: 5.1. Based on invoicing from MWDOC, paying MWDOC for the amount of supplemental funding(s) expensed on its behalf within thirty (30) days of the date of the MWDOC invoice. 5.2. Based on invoicing from MWDOC, paying MWDOC for the inspection services MWDOC's inspection contractor, MRCD, performed for Participant. 5.3. Working with MWDOC in good faith to evaluate each site's qualifications for participation in the Program. 6. Confidentiality. MWDOC agrees to maintain the confidentiality of Participant's customer names, addresses and other information about participants in the Program gathered in connection with the Program, and MWDOC will not cause or permit the disclosure of such information except as necessary to carry out the Program. To the extent MWDOC contracts with third party contractors to carry out all or any portion of the Program, MWDOC will require such contractors to maintain the confidentiality of such customer information. 7. Indemnification. MWDOC has designed the Program so that the applicant is solely responsible for the manner in which the turf is removed and selection of the landscape contractor, if any, that will remove it, and each applicant will be required to sign a release and waiver of any claims against MWDOC and /or Participant. MWDOC will require applicants to indemnify MWDOC and Participant against claims arising out of the turf removal. Nevertheless, to the extent that MWDOC or Participant or their respective staffs perform any activities in connection with the Program, each agrees to indemnify and hold the other harmless from any and all liability, claims, obligations, damages and suites arising out of such activities. 8. Term. This Agreement shall commence on the last date signed below and continue until March 31, 2012 ( "Program Expiration "), unless extended by the parties. 9. Early Termination. Participant may terminate this Agreement at anytime upon thirty (30) days' written notice to MWDOC. MWDOC may terminate this Agreement prior to the Program Expiration date without prior notice in the event funding for the Program is exhausted, reduced, eliminated or unavailable from any funding source, for any reason. If MWDOC deems it necessary to terminate this Program for any other reason, MWDOC shall give Participant thirty (30) days' written notice. In the event of termination by either party, Participant shall be responsible for payment of its supplemental funding contribution for all applications for which MWDOC has issued a Notice to Proceed prior to the effective date of the termination. 4 Agreement for Participation MWDOC Turf Removal Program Dated: in Dated: Dated: in Dated: Internal Use Only: Program No. Line Item: Funding Year: Contract Amt.: Purchase Order #: MUNICIPAL WATER DISTRICT OF ORANGE COUNTY Kevin P. Hunt, P.E. General Manager Approved as to Form: McCormick, Kidman & Behrens, LLC Russell G. Behrens Daniel J. Payne Legal Counsel General Manager Approved as to Form: I Meeting Date: To: From: Presented By: Subject: SUMMARY: AGENDA REPORT December 22, 2010 Board of Directors Ken Vecchiarelli, General Manager Ken Vecchiarelli, General Manager Budgeted: Funding Source: Dept: Reviewed by Legal: CEQA Compliance: ITEM NO. 7.5 N/A N/A Board of Directors N/A N/A Nomination and Election of Special District Representatives to Local Agency Formation Commission The Independent Special Districts of Orange County ( ISDOC) is holding elections for both a regular and an alternate special district seat on the Orange County Local Agency Formation Commission ( LAFCO). A regular member seat was vacated in November as a result of the general elections. An alternate member seat may become vacant if the current alternate member is elected to fill the regular member seat. STAFF RECOMMENDATION: That the Board of Directors consider nominations for the special district representative seat on the Local Agency Formation Commission or support currently nominated candidates and that the Board authorize President Beverage or his designee to cast the District's ballot at the January 27, 2011 meeting of the Independent Special Districts of Orange County. COMMITTEE RECOMMENDATION: The Executive - Administrative - Organizational Committee discussed this matter at their meeting on December 21, 2010 and recommends supporting Cheryl Brothers for regular member seat. DISCUSSION: Commissioner Charles Wilson, who is currently the alternate special district member, has decided to run for the regular special district seat on LAFCO, which was vacated by Commissioner Arlene Schafer. If Commissioner Wilson is elected to the permanent seat, the alternate seat will be open. If unsuccessful, Commissioner Wilson will remain as the alternate. LAFCO is accepting nominations for both the regular and alternate special district positions. Nominations must be received no later than 3:00 p.m. on Friday, January 14, 2011. LAFCO has also requested that if the Board President is unable to attend the ISDOC quarterly meeting on January 27, 2011 to cast the District's vote, the Board should designate another member of the Board to attend. In this case, proof of Board action for the designation must be provided to LAFCO prior to voting at the ISDOC meeting. All nominations received will be included in the information packet sent to each District prior to the actual election of the two seats. ATTACHMENTS: Name: Description: Type: ISDOC Correspondence. pdf Correspondence Backup Material SMWD_ Correspondence. pdf Correspondence Backup Material CHAIR PETER HERZOG Councilmember city of Lake Forest VICE CHAIR JOHN MOORLACH Supervisor 2' District VICE CHAIR PETER HERZOG Councilmember City of Lake Forest CHERYL BROTHERS Councilmember City of Fountain valley BILL CAMPBELL Supervisor 3" District ARLENE SCHAFER Director Costa Mesa Sanitary D;stric: SUSAN WILSON Representative of General Public LOCAL AGENCY FORMATION COMMISSION ORANGE COUNTY DATE: December 9, 2010 RECEIVED TO: General Managers DEC 10 2010 Independent Special Districts YQRBA LINDA WATER DISMICT FROM: Joyce Crosthwaite, Executive Officer SUBJECT: Independent Special Districts of Orange County ( ISDOC) Selection Committee Meeting One of the two regular special district seats on the Orange County Local Agency Formation Commission is vacant. The vacant seat was held by Commissioner Arlene Schafer. The Independent Special Districts of Orange County ( ISDOC) Special District Selection Committee is scheduled to meet on Thursday, January 27, 2011 in conjunction with ISDOC's quarterly meeting. The current alternate special district member is Commissioner Charles Wilson. If Commissioner Wilson decides to run for and is elected to the regular special district seat, the alternate seat will also be open. Commissioner Wilson is not required to resign the alternate position if he decides to run for the open regular position. JOHN WITHERS Therefore the LAFCO Executive Officer will accept nominations for both Drector the regular and alternate special district positions. Nominations must be lN'r,e 2anch Water District received by LAFCO no later than 3:00 p.m. on Friday, January 14, 2011. ALTERNATE Nominations received (mail, email or fax) will be included in the PAT BATES Supervisor informational packet sent to each district prior to the election. A copy of 5 [)Sy ict the ISDOC "Rules of Procedure" is attached. ALTERNATE PATSY MARSHALL Councilmember Please forward the enclosed notice and nomination forms to the presiding City of Huena Park officer from your district. As stated in the notice, if the presiding officer from your district will be unable to attend the ISDOC quarterly meeting ALTERNATE DEREK J. MGGRE;GOR on January 27, the board may designate another member of the board to Representative of General Public attend and cast your district's vote. Proof indicating board action for the designation (resolution or minute excerpt) must be provided to LAFCO's ALTERNATE CHARLEY WILSON Executive Officer prior to voting at the ISDOC meeting. Director Santa Margarita water oi5trict If you have any questions or concerns, please feel free to contact me at JOYCE CROs Tian E (714) 834 -2556 or by email Ocrosthwaite@oclafco.org). Executive Officer 12 Civic Center Plaza Room 235, Santa Ana, CA 927C 1 (714) 834 -2556 • FAX (714) 834 -2643 http. / /www oclafco.org 2011 NOMINATION FORM Candidates for the Local Agency Formation Commission (LAFCO) CANDIDATE INFORMATION FOR REGULAR SPECIAL DISTRICT MEMBER: NAME: TITLE: DISTRICT: ❑ Check box if resume or statement of qualifications is attached. CANDIDATE INFORMATION FOR ALTERNATE SPECIAL DISTRICT MEMBER IF THE CURRENT ALTERNATE MEMBER IS ELECTED TO THE REGULAR MEMBER POSITION: NAME: TITLE: DISTRICT: ❑ Check box if resume or statement of qualifications is attached. SPECIAL DISTRICT SELECTION COMMITTEE MEMBER SUBMITTING NOMINATION (Must be the presiding officer or a designated alternate board member.) NAME: SIGNATURE: TITLE: DISTRICT: DATE: Nominations must be submitted to LAFCO rip or to 3:00 p.m. on Friday, January 14, 1011. Nominations received will be included in the information packet sent to each district prior to the election. Return completed forms to: Angela Rigdon Orange County LAFCO 12 Civic Center Plaza, Room 235 Santa Ana, CA 92701 INDEPENDENT SPECIAL DISTRICT SELECTION COMMITTEE RULES OF PROCEDWE adopted February 10, 1994 A. Registrati0n Each nenber of the Selection Committee shall be entitled to one vote for each independent special district of which he or she is the presiding officer (or alternate board member selected by the district's board). Each member shall provide written authorization (such as resolution or minute excerpt) at the time of registration. Each voting member shall register and sign a declaration of qualification. The member will then be given ballots and other voting materials. B. WOE Members representing a majority of the eligible districts shall constitute a quorum. Before calling the meeting to order. the chair shall verify that a quorum has registered and is present. C. Nomination Independent special districts may submit nominations for the regular member positions and the alternate position. Such Nominations shall be submitted on forms to be prepared by the Executive Officer and may be accompanied by resumes [and other written material] if desired. ALL NOMINATION FORMS MUST BE RECEIVED BY THE EXECUTIVE OFFICER ON OR BEFORE 5:00 P., M. ON THE 10711 DAY PRIOR TO THE DATE OF THE ELECTION {MEETING. The Executive Officer will distribute a copy of the nominations and accompanying materials to each member at least five (5) days prior to the date of the election meeting. Vottna Voting shall by conducted separately for each position. A candidate must receive a majority of the votes cast in order to be elected. In the event no candidate receives a Jw am am majority, run -off balloting shall be conducted between the two candidates receiving the highest number of votes. In the case of a tie in the second highest total, the tied candidates will all be included in the runoff. Balloting will continue until one candidate receives at least a majority of the votes cast. The above process shall be conducted to elect the first regular member from among, all regular member nominees. To elect the second regular member. the above process will then be repeated among all remaining nominees for the regular member, positions. The above process will then be followed to elect the alternate member from the alternate member nominees. The candidates elected for the two regular member positions shall draw lots for the four -year term and the two -year term. CHERYL BRO I]ERS, Tkus-i-R�L. Grange County Vector Control Distrm December 17, 2010 The Honorable Mike Beverage Director Yorba Linda Water District 4590 Avenida Del Este Yorba Linda, CA 92886 Dear Mike, 0 i 1 . l f vu- I am honored to have been nominated unanimously by the Orange County Vector Control Board (OCVCB) for the open seat on the Orange County LAFCO Board (OC LAFCO) as one of two REGULAR members representing Special Districts. This nominating body represents 6 ies from all across the county -- north to south, east to west. For the past three years I served on LAFCO as a city representative and was honored that my colleagues on OC LAFCO appointed me to the CAL - LAFCO Board. They recognized my breadth of experience which includes my service on the Orange County Grand Jury, over 6 years on a Special District Board of Trustees, 9 years on a City Parks & Recreation Commission, 6 years on a City Planning Commission, 8 years as an elected member of the Fountain Valley City Council, and over 6 years working for two members of the Orange County Board of Supervisors. There are 27 Special Districts in Orange County, and they range from water to sanitary; cemetery to community services; vector control to storm water; library to recreation and parks. One of the Special District REGULAR members is a South County water agency representative. If my opponent were to be elected, both special district LAFCO seats would be filled by members of South Orange County Water Districts. I believe that our Special District representation would benefit from better balance. I have experience at all levels of local government and have a near perfect attendance record while on OC LAFCO. I have no conflicts - time or business - that would hamper my ability to properly represent all Special Districts in Orange County. The time frame for this election is quite short - nominations are due January 14th and the election will be held January 27th. I will be seeking your Board's support in this endeavor and look forward to meeting with you. I have enclosed my biography for your review. Please feel free to contact me by phone at (714) 315 -1403 or via e-mail cherylbrot @aol.com if you have any questions. Thank you and I look forward to working with you on this and many other issues in the future. Very truly yours, Cheryl Bro ere Orange County Vector Control District 10004 Sunn Circle ® 1-onmmn Vallcr. 6,iA 92-09 ,"I -i iii -1 -403 a Fax I 1 --1) ? --+6 , I t c r� ilxot( I dol., 0111 CHERYL BROTHERS Retired / Community Volunteer Elected or appointed positions: 2005 - Present Orange County Vector Control Board of Directors 2008-2010 Orange County Local Area Formation Commission 2009 - Present Appointed CALAFCO board member 2002- 2006 Fountain Valley City Council 2006-2010 Mayor 2006 Mayor Pro Tern 2010 1996- 2002 Fountain Valley Planning Commission 1992/93 Orange County Grand Jury 1994 - Present Grand jurors Association of Orange County Board of Directors Chair 3 times 2003-2010 Public Cable Television Authority 2009 Chair 2007-2010 Orange County Waste & Recycling Commission 2010 Chair 2006-2010 League of California Cities, Orange County Division Board of Directors Several elected positions leading to - 2010/11 President 2006-2010 League of California Cities Policy Committees: Administrative Services / & Employee Relations 2006-2010 Orange County Council of Governments Member 2008 & 2009 Chair 2010 Key participant in formation of alternative LAFCO organization that led to CALAFCO regional representation - Coalition of California LAFCOs 2003-2010 Public Cable Television Authority 2009 Chair 1987- 1996 Fountain Valley Community Services Commission 04611'16er 0t WoOZyresS December 10, 2010 The Honorable Cheryl Brothers 10064 Sunn Circle Fountain Valley, CA 92708 Dear Cheryl, It is with great enthusiasm that I endorse your candidacy for Orange County LAFCO. I believe your past membership on LAFCO coupled with the breath of experience you have attained through years of public service, make you uniquely qualified to represent Orange County's Special Districts in this capacity. I note that in addition to your years of volunteerism in the community, the residents of Fountain Valley and throughout Orange County have benefitted by your service on numerous elective and appointed positions. Your qualifications and past experience speak for themselves... planning commissioner, Councilmember, Mayor, Grand Juror, Supervisorial Aide, Orange County Vector Control Board Member and the 2010 Chair of the Orange County Waste Recycling Commission. I wish you the very best in your latest endeavor and nest that members of Orange County's Special Districts will have the wisdom to select you to this important post. Si t Ed Royce U.S. Representative Posr OFFicE Box 2525 ^ ORANGE, CA 92859 • (714) 634 -23411 PN!U FOR AND AUTIIOR IZH) M THE ROYCE C,4MPAION CONI \IITTEE • IDN, C -00 ?fHlFbs Sar.)ta Mmagarxita Waten Distnict December 13, 2010 Honorable Michael J. Beverage, President Yorba Linda Water District P. O. Box 309 Yorba Linda, California 92885 -0309 RE: Request for Support of Charley Wilson for Election to Regular Special District Local Agency Formation Commission Seat Dear Mr. Beverage: On January 27, 2011, the Independent Special Districts of Orange County ( ISDOC) will conduct an election for the regular special district member of the Orange County Local Agency Formation Commission ( LAFCO). I currently serve as the alternate special district member, having been re- elected to that four -year seat in April 2010. I am now seeking the regular member spot due to the unexpected vacancy created by last month's election. I have served on LAFCO since 2001 and hope to continue to serve the residents of Orange County as the regular member. Over the last nearly 10 years, I have worked diligently to represent and protect the interests of special districts and Orange County as a whole. I have a detailed understanding of the importance and value provided by special districts. Because of my extensive experience, I have developed solid working relationships with other LAFCO Commissioners and, illustrative of this fact, I have received the endorsements of LAFCO Chairman Peter Herzog, Supervisor Bill Campbell and the other current Commissioners. These relationships, developed over a long period of time, are critical to the advocacy efforts of special districts. I am accessible and represent all special districts throughout the County. My decisions, which always consider the input of our elected leaders, are based on sound policy considerations and not the whims of outside interests. I am requesting your support and your District's vote at the January 27th ISDOC election for the regular special district LAFCO seat. If you need additional information, please call me directly at (949) 632 -2074. Thank you for your consideration. Sincerely, Charley Wilson, Director Santa Margarita Water District ITEM NO. 8.1 AGENDA REPORT Meeting Date: December 22, 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: New Board Member Orientation CD SUMMARY: Staff will provide the Board with an overview of the companion CD to the new Board member orientation binder. This will also include a review of materials subsequently added to or updated in the binder including results from the recent AWWA QualServe survey, District facilities map, organizational chart and a list of frequently used acronyms. ITEM NO. 10.1 AGENDA REPORT Meeting Date: December 22, 2010 Subject: Executive - Administrative - Organizational Committee (Beverage /Hawkins) • Minutes of meeting held December 21, 2010 at 4:00 p.m. (To be provided at the meeting.) • Meeting scheduled January 18, 2011 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 122110 EAO - Minutes.doc EAO Mtg Minutes 12/21/10 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT EXEC- ADMIN-ORGANIZATIONAL COMMITTEE MEETING December 21, 2010 A meeting of the Executive - Administrative - Organizational Committee was called to order by Director Beverage at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE Director Michael J. Beverage, Chair Director Phil Hawkins 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR STAFF Ken Vecchiarelli, General Manager Pat Grady, Assistant General Manager 2.1. Strategic Planning Workshop Mr. Vecchiarelli suggested the Committee recommend the Board schedule a Strategic Planning Workshop, tentatively for January 20, 2011, from approximately 8:00 am to noon. The most recent planning workshop was held in March 2009 and was facilitated by an outside consultant. The Committee discussed the value of having an outside facilitator in these workshops. Mr. Vecchiarelli indicated that with such short notice, a facilitator may not be available for the January workshop. However, it was noted that the plan and report from the prior workshop should provide sufficient material and a sound framework for a productive workshop with management staff and the Board, if an outside facilitator is not available. Director Beverage recommended staff send a copy of the report from this prior workshop to the Board members for their review as soon as possible. Director Beverage also recommended inviting the Productivity Innovation Communications (PIC) Committee to the Strategic Planning Workshop, as this item came up as an opportunity for improvement in the recent QualServe Self- Assessment Report. The Committee then discussed scheduling additional workshops in February, March and tentatively, in April, 2011. Thursday, February 17, 2011 was tentatively set for a Water Rates Alternatives and Financial Planning Workshop. A Budget Workshop was scheduled for Friday, March 25 and Thursday, April 21, 2011, was set aside for an additional workshop date, if needed. These dates will be presented to the full Board of Directors at their regular meeting on December 22. 1 2.2. ISDOC Selection Committee Meeting Municipal Water District of Orange County ( MWDOC) Director Brett Barbre joined the meeting by teleconference to discuss a recent vote by the MWDOC Board to unanimously support nomination of Cheryl Brothers to the regular special district seat on the Orange County Local Area Formation Commission ( LAFCO). Mrs. Brothers is campaigning for the seat recently vacated by Arlene Schafer and would hold one of two regular seats representing the Independent Special Districts of Orange County ( ISDOC). Mr. Barbre shared Mrs. Brothers' background and experience, including experience as a LAFCO Commissioner and explained why the MWDOC Board supports Mrs. Brothers for more diverse and balanced representation of special districts on the LAFCO Board. Mr. Barbre requested YLWD Board support for Mrs. Brothers' nomination and election at the ISDOC quarterly meeting on January 27. The Committee recommended adding this item for consideration by the Board of Directors at the Meeting on Wednesday, December 22, 2010. The item will have to be added by two thirds majority vote. 3. DISCUSSION ITEMS 3.1. Committee Activities Recap and Forward Planning Objectives Mr. Vecchiarelli summarized a list of significant items the Committee reviewed and recommended action on within the past calendar year. The Committee gave direction for follow up action or discussion at future Committee Meetings until the items are acted upon by the full Board of Directors. Action Items targeted for consideration at the next Executive - Administration- Organizational Committee Meeting should include a Continuous Water Service Agreement for Property Owners; establishing or affirming the time and place for regular Board Meetings; consideration of the Board Compensation Ordinance and Policy for Reimbursement of Expenses; and further discussion on how minutes for the regular Board Meetings are presented. Follow up Discussion and Information Items for future meetings will include an executive summary of the AWWA QualServe Self- Assessment Report with representatives from the Productivity- Innovation - Communications (PIC) Committee present for this item; a recurring status report on activities from the PIC Committee; discussion of the District's media Policy; possible revisions to the Water Conservation Ordinance; and the monthly Customer Service Feedback Report. 2 3.2. Board and Committee Meeting Minutes The Committee recommended having the Citizens Advisory Committee (CAC) review and consider in parallel with YLWD Board, how minutes should be taken at regular Board Meetings. The Committee discussed how the recommendation of the CAC should be considered by the Board and instructed staff to review cost considerations and recommendations for retaining audio or video options, archiving, streaming live, etc. 3.3. Time of Board Meetings (Verbal Report) This Item will be considered for Action at the next Executive - Administration- Organizational Committee for recommendation to the full Board of Directors. 3.4. Alternative Work Schedule (Verbal Report) The Committee recommended review of alternatives and a report on cost and service considerations at a future meeting. The Committee further suggested having the CAC review and consider this matter in parallel. They further recommended considering a fixed day off matching with the City of Yorba Linda's normal Friday off and determine if the City of Placentia, Brea and Anaheim are also on this type of schedule and if so, which day(s) are they closed for business. The Committee discussed tentative implementation of a new schedule in March 2011, if approved by the Board, and if no objections are raised by the CAC. 3.5. General Counsel's Monthly Summary Billing Report (Report provided at the meeting.) The Committee discussed the report with no further action requested. 3.6. Future Agenda Items and Staff Tasks None. 4. ADJOURNMENT 4.1. The Committee adjourned at 5:35 p.m. The next regular meeting of the Executive - Administrative - Organizational Committee will be held January 18, 2011 at 4:00 p.m. 3 ITEM NO. 10.2 AGENDA REPORT Meeting Date: December 22, 2010 Subject: Finance - Accounting Committee (Collett /Kiley) • Minutes of meeting held December 20, 2010 at 4:00 p.m. (To be provided at the meeting.) • Meeting scheduled January 10, 2011 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 122010 FA - Minutes.doc FA Mtg Minutes 12/20/10 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT FINANCE - ACCOUNTING COMMITTEE MEETING December 20, 2010 A meeting of the Finance - Accounting 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 Director Ric Collett, Chair Director Robert R. Kiley 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR STAFF Ken Vecchiarelli, General Manager Stephen Parker, Finance Director 2.1. October 2010 Budget to Actual Results Mr. Vecchiarelli presented the October budget to actual results and shared that water operating revenue was lower than normal for the summer months, mostly due to our customer water demands down 23% while our budgeted estimate was a decrease in demands of 15 %. As it was Director Kiley's first time looking at the budget to actual report, Mr. Vecchiarelli described the types of charges that would go into the various supplies and services line items and described some of the variances from budgeted expectations year -to -date. Mr. Parker added some explanations of why there were variances of other supplies and services line items. Director Collett explained that certain charges occur at different times throughout the year and the timing of these expenses throw off the percentages from a straight line approximation in the year to date results. The Committee received and filed the October budget to actual results. 2.2. October 2010 Investment Report Mr. Parker reviewed the content of the October investment report in detail to familiarize Director Kiley with the components of the report. He pointed out that our yield dipped from the previous months to 0.78 %, but was still significantly higher than the 0.42% when the District was investing with Wells Capital earlier in the year. The Committee received and filed the October investment report. 1 3. DISCUSSION ITEMS 3.1. Committee Activities Recap and Forward Planning Objectives (Staff Presentation) Mr. Vecchiarelli and Mr. Parker discussed the items that had been presented to the Finance - Accounting Committee in 2010. Director Collett identified that the items proposed for the 2011 calendar year would most likely be discussed in more detail in future Board Workshops. Staff affirmed this and briefly discussed the timing of these workshops with the upcoming budget calendar activities. 3.2. Future Agenda Items and Staff Tasks None. 4. ADJOURNMENT 4.1. The Committee adjourned at 5:43 p.m. The next regular meeting of the Finance - Accounting Committee will be held on January 10, 2011 at 4:00 p.m. 2 ITEM NO. 10.3 AGENDA REPORT Meeting Date: December 22, 2010 Subject: Personnel -Risk Management Committee (Kiley /Beverage) Minutes of meeting held December 14, 2010 at 4:00 p.m. Meeting scheduled January 11, 2011 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 121410 PRM - Minutes.doc PRM Mtg Minutes 12/14/10 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL -RISK MANAGEMENT COMMITTEE MEETING December 14, 2010 A meeting of the Personnel -Risk Management Committee was called to order by Director Kiley 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 Robert R. Kiley, Chair Ken Vecchiarelli, General Manager Director Michael J. Beverage Gina Knight, Human Resources Manager 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Committee Activities Recap and Forward Planning Objectives Staff presented a summary of the Committee's activities and accomplishments over the last four years which included: Implementation of an Employee - Employer Relations Resolution (EERR), development of procedures to Meet and Confer in good faith with the District's Recognized Bargaining Unit, revisions of the District's Personnel Rules and several policies such as the Family Medical Leave Act (FMLA) and Harassment /Discrimination /Retaliation Prevention. In addition, staff informed the Committee that a primary focus of the previous Committee, over the last four years, has been to review the District's staffing and recruitment needs as well as review any tort claims. Staff discussed future projects such as developing a Succession Plan, improving the Safety and Wellness program and enhancing employee development. Director Beverage requested that copies of exit interviews, completed and submitted by former employees /retirees, be brought to the next Personnel /Risk Management to discuss any issues, concerns or complaints. 2.2. Status of Human Resources and Risk Management Activities The Committee reviewed and discussed the updated activities log. Staff informed the Committee about the new first -aid backpack kits that were distributed to Operation /Maintenance department to be placed in all field vehicles. Director Beverage requested that staff provide a copy of first -aid kit contents to the District's Public Information Officer to post on the District's web site as an informational item. 1 2.3. Status of Recruitments and Authorized /Budgeted Positions Staff provided an update on the current recruitments of Engineering Secretary and Maintenance Worker I. Staff proctored the Engineering Secretary examination for 70 applicants and processed 137 applications for the Maintenance Worker I recruitment. Director Beverage requested a list identifying all ten (10) positions that were previously placed on hold, during the temporary cessation of positions in 2009, to the next Personnel - Risk Management meeting. 2.4. Merit Pay and Salary Increases (Verbal Report) Staff presented information regarding the on- boarding process for new employees, the performance evaluation process and when and how merit increases are processed for eligible employees. To be discussed at the next Personnel -Risk Management meeting, Director Beverage requested a summary of merit increases during FY 2010/11, including a summary breakdown of the 2.5 %, 5% merit increases and a summary of denied merit increases. Additionally, the list is to include the number of employees who received performance appraisals that also received a merit increase. 2.5. Meet and Confer Status Report Staff presented a summary of the Meet and Confer process over the past four years and the content of the various labor contracts that were negotiated during that period. Staff informed the Committee that a recap of the current negotiations would be presented during the closed session portion of the next regular Board meeting. 2.6. Employee Recognition Programs (Verbal Report) Staff informed the committee about future employee - related events and an overview of the various employee committees. 2.7. Future Agenda Items and Staff Tasks. Director Beverage requested that a list identifying the number of employees who have morale issues, complaints or concerns be brought to the next closed session of Board of Directors meeting. In addition, the list should indicate which complaints were investigated or rejected. 3. ADJOURNMENT 3.1. The Committee adjourned at 6:04 p.m. The next regular meeting of the Personnel -Risk Management Committee will be held January 11, 2011 at 4:00 p.m. 2 ITEM NO. 10.7 AGENDA REPORT Meeting Date: December 22, 2010 Subject: Citizens Advisory Committee Beverage Minutes of meeting held December 13, 2010 at 8:30 a.m. Meeting scheduled January 24, 2011 at 8:30 a.m. ATTACHMENTS: Name: Description: Type: 121310 - CAC Minutes.doc CAC Mtg Minutes 12/13/10 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING December 13, 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. DIRECTORS PRESENT Michael Beverage, Director COMMITTEE MEMBERS PRESENT Lindon Baker Richard Bogda Carl Boznanski OTHER VISITORS Mark Schock Bill Guse Modesto Llanos Gene Scearce 2. PUBLIC COMMENTS None. 3. DISCUSSION ITEMS STAFF PRESENT Ken Vecchiarelli, General Mgr Damon Micalizzi, PI Officer 3.1. Citizens Advisory Committee Structure, Organization and Membership for Calendar Year 2011 The Committee discussed recruiting new members to the CAC to augment membership that has fallen off through attrition, including three members that have now been elected to the YLWD Board of Directors. Staff offered to advertise and reach out for new members using the local news media, the special message on the water bills and other media. Interested parties should address a letter of interest to the YLWD Board for consideration of an appointment. The Committee discussed capping its membership at twelve. Staff was also directed to reach out to current members who have not been active for some time to gauge their interest moving forward. The Committee also continued further action on this item until the next meeting, at which they will discuss a possible re- organization. 3.2. Board of Directors Meeting Minutes The Committee discussed making a recommendation to the Board of Directors for more detailed Meeting Minutes. The Committee decided to research best practices of corresponding agencies and tabled discussion pending those findings until the Committee's next meeting. 3.3 Future Agenda Items In addition to the aforementioned future items the Committee requested monthly updates on the Elk Mountain Practice Field Project and the status of the potential City of Yorba Linda Sewer Transfer. The Committee members also expressed desire to have more direction and specific task assignments for the future from the Board of Directors. 4. ADJOURNMENT 4.1. The Committee adjourned at 9:50 a.m. The next regular meeting of the Citizens Advisory Committee will be held January 24th, 2011 at 8:30 a.m. 2 ITEM NO. 12.1 AGENDA REPORT Meeting Date: December 22, 2010 Subject: Meetings from December 23, 2010 - January 31, 2011 ATTACHMENTS: Name: Description: Type: BOD - Activity Calendar.pdf BOD Activity Calendar Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: December 2010 Tue, Jan 4 6:30PM Hawkins Holiday Fri, Dec 24 7:30AM District Offices Closed Yorba Linda Planning Commission Wed, Dec 29 7:00PM Collett Holiday Fri, Dec 31 7:30AM District Offices Closed January 2011 Public Information - Technology Committee Meeting Mon, Jan 3 4:00PM Hawkins /Melton Yorba Linda City Council Tue, Jan 4 6:30PM Hawkins MWDOC /MWD Workshop Wed, Jan 5 8:30AM Melton /Staff OCWD Board Wed, Jan 5 5:30PM Kiley /Staff Planning- Engineering- Operations Committee Meeting Thu, Jan 6 4:00PM Melton /Collett WACO Fri, Jan 7 7:30AM Hawkins Finance - Accounting Committee Meeting Mon, Jan 10 4:00PM Collett /Kiley Personnel -Risk Management Committee Meeting Tue, Jan 11 4:00PM Kiley /Beverage Yorba Linda Planning Commission Wed, Jan 12 7:00PM Kiley Board of Directors Regular Meeting Thu, Jan 13 8:30AM Exec - Admin- Organizational Committee Meeting Tue, Jan 18 4:00PM Beverage /Hawkins Yorba Linda City Council Tue, Jan 18 6:30PM Melton MWDOC Board Wed, Jan 19 8:30AM Melton /Staff OCWD Board Wed, Jan 19 5:30PM Kiley /Staff Citizens Advisory Committee Meeting Mon, Jan 24 8:30AM Beverage MWDOC /OCWD Ad Hoc Committee Meeting Tue, Jan 25 4:00PM Beverage /Hawkins Yorba Linda Planning Commission Wed, Jan 26 7:00PM Collett Board of Directors Regular Meeting Thu, Jan 27 8:30AM ISDOC Thu, Jan 27 11:30AM Collett 12/16/2010 11:31:30 AM ITEM NO. 13.1 AGENDA REPORT Meeting Date: December 22, 2010 Subject: WACO - December 10, 2010 WACO - January 7, 2011 SDLGI Governance Seminar - February 17 -18, 2011 STAFF RECOMMENDATION: That the Board of Directors authorize Director attendance at the above listed meetings and seminar. ATTACHMENTS: Name: Description: Type: SDLGI_ Governance _Seminar.pdf Seminar Flyer Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/22/2010 PH /RK 4 -0 Director Collett was absent. 6wlu1ad ysnH OIVd obersod 'S 'n paepuelS paiaosaid AVA = EA Ll VIM, g r VIP �. or Disney's Paradise Pier® Hotel Anaheim, California • February 17 -18, 2011 10126 V3 '015310 ues 5t1Z'a3S °pA18 ]BUTTON SE9Z ajnj!jsul Iuautuian09 /0007 pua joylsyl la►sads V SPECIAL SATURDAY MORNING WORKSHOPS ON FEBRUARY 19, 201 I: 3EE INSIDE FOR MORE DETAILS WORKSHOP 1: BEYOND THE BASICS Making Better Decisions 8:30 A.M. —12:00 NOON —OR— WORKSHOP 2: DOLLARS AND SENSE Attracting, Retaining and Compensating Employees 8:30 A.M. —12:00 NOON Governance Seminar approved for 6.0 MCLE credits bythe State Bar of California. Fresh Water Distribution and Fresh Water Treatment Continuing Education Units Available for Governance Seminar and both workshops. SEMINAR SCHEDULE THURSDAY, FEBRUARY 17, 2011 Registration & Continental Breakfast • 8:00 -8:30 a.m PERSPECTIVES: INTRODUCTION TO GOVERNANCE — WHERE SPECIAL DISTRICTS ARE TODAY Kamil Azoury, Goleta Sanitary District • Tracks historical objectives of special districts • Attempts at taking funds, consolidating, or privatization of districts • Future of special districts LEADERSHIP: EFFECTIVE DISTRICT LEADERSHIP Glenn M. Reiter, Glenn M. Reiter & Associates • Management and leadership styles • How the Board relates to the public, employees, and other governments • Dealing with complex issues • Working with disruptive Board members PLANNING YOUR AGENCY'S FUTURE Will McMullan, Consultant • Strategic Planning - voices, views and lessons learned • The real purpose of strategy • Engaging your organization, stakeholders and customers • Constructing plans that work - what and how • Successfully implementing your plans • Assuring your agency's future HUMAN RESOURCES: YOUR ROLE IN HUMAN RESOURCES Irma Rodriguez Moisa, Atkinson, Andelson, Loya, Ruud & Romo • Labor and employment law issues • Employer liability for harassment • Labor relations BUILDING COMMUNITY SUPPORT Martin Rauch, Rauch Communication Consultants • Gain public support for controversial projects • Turning the tide when your agency is under attack • Dealing with vocal activist groups • Guidelines for working with the press lei FRIDAY, FEBRUARY 18, 2011 Breakfast • 8:00 -8:30 a.m. LAW: WHAT YOU NEED TO KNOW ABOUT LOCAL GOVERNMENT LAW Mark Meyerhoff, Liebert Cassidy Whitmore • Clarifying the powers of the Board and the Agency • Avoiding conflicts of interest • Your personal liability as a public official • Where does the Board stop and management begin? OVERVIEW OF THE BROWN ACT AND PUBLIC RECORDS ACT J i l l Willis, Best Best & Krieger • The intent and application of the Acts • Recent changes • Practical aspects and highlights • Recent court rulings FINANCE: MANAGING YOUR FINANCIAL RESOURCES Glenn M. Reiter, Glenn M. Reiter & Associates • Your fiduciary responsibility in financial oversight • The job of the Board in financial management • The treasurer's job • Budgets and reporting • The Board's role in monitoring and control COMMUNICATIONS: BUILDING EFFECTIVE BOARD /MANAGER RELATIONSHIPS Martin Rauch, Rauch Communication Consultants • Role of the Director, role of the manager — maintaining the right balance • Improving communications between Board Members and between the Board and the manager • Settling differences and working together • Dealing with problem Board Members POLITICS: WHAT'S THE STATE GOING TO DO NEXT AND WHAT CAN YOU DO ABOUT IT MIKE ROOS, Stone & Youngberg • A new governor, a new legislature but the same tough budget: can we make it work this time? • What's California's political diagnosis under the new governor? • How to mobilize your local agency to have an impact SEMINAR ENDS: 4:15 P.M. ABOUT SPECIAL DISTRICT AND LOCAL GOVERNMENT INSTITUTE With over 43 years of experience and graduates from over 1,000 local government agencies, SDI is the premier special district and local government training institute. SPECIAL COMPREHENSIVE SATURDAY WORKSHOPS OFFERED ON SATURDAY, FEBRUARY 19, 2011 Breakfast /Registration 8:00 -8:30 a.m. WORKSHOP 1: BEYOND THE BASICS Make Better Decisions 8:30 a.m. — 12:00 noon Janet Morningstar, a Law Corporation Glenn Reiter, Glenn M. Reiter &Associates • Frame decisions, identify options and select the best choices • Reasons why so many decisions turn out poorly • How to do better at evaluating your decision choices • Avoid traps created by uncertainty and faulty assumptions WORKSHOP 2: DOLLARS AND SENSE! Attracting, Retaining and Compensating Your Employees 8:30 a.m. — 12:00 noon Donna Evans, ESQ, Liebert Cassidy Whitmore • Competing for and retaining great employees • Employee compensation, have we promised too much or not? Now what? • Working with employee associations and unions • Board and staff roles Governance Seminar approved for 6.0 MCLE credits by the State Bar of California. Fresh Water Distribution and Fresh Water Treatment Continuing Education Units Available for Governance Seminar and both workshops. READ WHAT OUR ATTENDEES SAY ABOUT THE SDI SEMINAR SERIES WHO WILL BENEFIT? Experienced Directors, Managers, Newly Elected Officials, Senior Managers and Staff 'As a new General Manager, I found SDI seminars invaluable, they educated me on what it is to be a good G.M. " — S.B., Rossmoor /Los Alamitos Area Sewer District "All critical staff should be attending the Special District and Local Government Institute. " — M. V, Beaumont - Cherry Valley Recreation and Park District "As a newly elected board member to a special district, this has provided me with wonderful and important information and clear direction." — I.R., Cordova Recreation and Park District WHAT WILL YOU LEARN? The Latest Information, Techniques and Insights for Solving Today's Governance Challenges "These sessions have helped me enormously to understand and clarify my role, limitations and expectations as a newly elected official." J.S., East Palo Alto Sanitary District "These seminars are the most organized, run educational forums I've ever attendet R.M., Crescenta Valley Water District WhAl1 MILL Yuu RECEIVE? Top Notch Speakers, Carefully Planni Curriculum, Large Comprehensive Handbook, Certificate Program, Quality Resort Hotels and Amenities "The intimate setting provides a very comfortable atmosphere to learn in. " J.C., Valley County Water District "Excellent presenters, good materials, excellent staff support and facilities. " R.W., Brooktrails Township Community Services District FACULTY EXPERT SPEAKERS SHARE THEIR KNOWLEDGE AND EXPERIENCE The instructors' mission is to share their experience with real world problems, and to provide practical information about your responsibilities, what you need to know and ways to resolve issues. KAMIL AZOURY is the General Manager /District Engineer of the Goleta Sanitary District. As a consulting engineer and management consultant, he has served public and private agencies for 20 years. Kamil served as President of the Southern California Alliance of Publicly Owned Treatment Works (SCAP) and is presently on the Executive Board. He is also past President and on the Executive Board of the California Association of Sanitation Agencies. With a degree in Civil Engineering, Kamil received his Master of Science degree in Sanitary and Environmental Engineering. Kamil is a licensed Professional Civil Engineer. DONNA EVANS is an attorney with Liebert Cassidy Whitmore, and has over 20 years of litigation experience including extensive trial, arbitration and mediation experience. She has managed large scale complex litigation and has extensive law and motion and other litigation discovery experience. Additionally, Donna has developed policies and procedures and advised clients on critical employment law issues. Donna is also experienced in conducting and assisting with investigations pertaining to harassment, discrimination and employee misconduct. WILL MCMULLEN is a management consultant specializing in organizational and team effectiveness, process design /facilitation, training, and planning for private, public, and non - profit organizations. As a consultant with 21 years experience, he regularly works with boards, senior leadership, management teams, functional groups, technical and other professionals to address business, organizational and operational issues. He also specializes in strategic planning for special districts and water utilities. Will's professional background includes roles as group and area manager for multidisciplinary teams and business operations, program and project manager, strategic planner, and leader for special projects and business turnarounds. MARK MEYERHOFF is a Partner in the Los Angeles office of Liebert Cassidy Whitmore. He represents clients in all types of civil litigation, administrative proceedings and arbitrations. Mark regularly advises and represents clients in all aspects of employment and traditional labor relations matters. He develops and updates personnel rules, policies and ordinances for a number of public sector clients, and presents training programs and workshops for supervisors and managers. JANET MORNINGSTAR is in private practice, DBA as Janet Morningstar, a Law Corporation. Janet serves as General Counsel for Rowland Water District and Special Counsel to Municipal Water District of Orange County. She has over 16 years experience advising governing bodies of local agencies in areas such as the Ralph M. Brown Act, the Public Records Act, and the California Environmental Quality Act. MARTIN RAUCH is President of Rauch Communication Consultants, leading a team that develops and conducts customized strategic outreach programs for local governments across the state, as well as strategic planning activities. GLENN M. REITER is President of Glenn M. Reiter & Associates, a San Diego -based financial consulting and advisory firm founded in 1981. He has over 45 years experience in local government and Special Districts. Glenn has been the General Manager and Chief Engineer of a large water district and a Director on the San Diego County Water Authority Board. He specializes in financial planning, the setting of rates and fees including the financing of capital improvements. Glenn is a co- founder of the California Special District Association and the Special District Institute. Glenn is a registered California civil and professional engineer and a Life Member of the American Water Works Association. IRMA RODRIGUEZ MOISA is a Partner with Atkinson, Andelson, Loya, Ruud & Romo. She is an expert in handling employment discrimination, wrongful termination and sexual harassment lawsuits. Irma has experience with disciplinary hearings, arbitrations and negotiations on behalf of city and special district clients and also represents school districts and colleges regarding student suspension and teacher termination issues. Irma has focused on representing public agency clients in litigation involving employment - related issues, including harassment, discrimination, First Amendment rights, defamation and wrongful termination. MIKE ROOS has worked with Stone & Youngberg since 2003 in its Los Angeles Public Finance Office. Previously, he served as President and CEO of LEARN, a coalition of civic leaders and representatives of Los Angeles' diverse constituencies organized to implement reform and restructuring within the Los Angeles Unified School District. A political strategist and legislative leader in California for over 14 years, Mr. Roos served as a member of the California State Assembly, including six years as Majority Floor Leader, before being elected as Speaker Pro Tempore of the State Assembly. One of Mr. Roos' major legislative achievements is the Mello Roos Facilities Act of 1982, which provided local government with an innovative method of financing much needed public facilities. JILL WILLIS is a Partner with the law firm of Best Best & Krieger, where she is a member of the Special Districts Practice Group and the Natural Resources Practice Group. She does general counsel work and also acts as special counsel on water rights issues. In addition, she teaches courses on water law at the University of California, Riverside Extension. She has given presentations at a variety of conferences throughout California on ethical considerations for public agency clients and their counsel. Program and Lodging Information HOTEL LODGING INFORMATION: Hotel 1150 West Magic Way, Anaheim, CA 92802 Reservation Telephone No. 1- 714/520 -5005 or, Visit SDI's website: www.sdbmi.com for more information General information email: dlr.convetion.groups@disney.com A remarkable, low rate of $119 single /double per room per day has been negotiated for accommodations during the event and for three days before and after the event for reservations made by 5:00 p.m. January 26, 2011. There are a limited number of rooms in our room block — please reserve early to ensure that there are rooms available at the group rate. Do not wait until the last day and expect to get a room at the group rate! If the hotel is unable to accomodate you, please call SDI directly at 1- 800 - 457 -0237. THERE AREA LIMITED NUMBER OF ROOMS AVAILABLE -please reserve early. OC Lavender Sunset Cover Photo courtesy of John Mairs /AOCVCB Inside photos courtesy of ACCVCB 1 A PROGRAM INFORMATION: EACH PARTICIPANT RECEIVES: Comprehensive Handbook, all class materials, breakfast, breaks and lunch during Seminar. Lodging and other meals are not included. CERTIFICATE PROGRAM: You are automatically enrolled as a candidate for the Certificate Program in Special District Leadership and Management. Seminars can be taken in any order and completed within a three -year period. TEAM DISCOUNTS: Attendance of groups of four or more from the same organization, enrolling in the seminar at the same time, are entitled to a $50 discount. Notgood with any other discounts (including early registration discount). All four must be enrolled in the seminar. Not good on workshops only. GUEST MEAL PACKAGE: Guest may join you for all meals. A separate meal package for guests must be purchased. CANCELLATIONS AND REFUNDS: Written cancellation received on or before January 26, 2011 will receive a refund, less a $50 processing fee. Full payment is required if cancellation is received on or after January 27, 2011 — no refunds and no credits for a future event will be granted. However, substitutions may be made at any time. $25 fee charged for checks returned for insufficient funds or for credit cards denied. SDI reserves the right to make changes in programs and speakers, or to cancel programs, when conditions beyond its control prevail. Every effort will be made to contact each enrollee if a program is cancelled. If a program is not held, SDI's liability is limited to the refund of the program fee only. As to Disney photos, logos, assets: ©Disney. Special District and Local Government Institute 2535 Kettner Blvd., Ste. 2A5, San Diego, CA 92101 Phone: 800 /457 -0237 Fax: 619/696 -1225 www.sdbmi.com • spcdistint@aol.com PLEASE FILL OUT COMPLETELY Name: 2011 GOVERNANCE SEMINAR ENROLLMENT FORM Seminar: February 17 -18, 2011 • Workshops: February 19, 2011 Hotel GOVERNANCE SEMINAR AND WORKSHOPS: (A) ❑ $585 SPECIAL DISTRICT GOVERNANCE SEMINAR (Two days) (B) [:]$710 GOVERNANCE SEMINAR + WORKSHOP (Three days) SELECT ONE: ❑ Workshop 1: Beyond the Basics Make Better Decisions Workshop ❑ Workshop 2: Dollars and Sense Attracting, Retaining and Compensating Employees ❑ $150 WORKSHOP ❑ Workshop 1: Beyond the Basics Make Better Decisions Workshop Title: Agency: (C) Mailing Address: (D) ❑ $150 WORKSHOP 2 E] Workshop 2: Dollars and Sense Attracting, Retaining and City: Compensating Employees State: Zip: Phone: ORDER HANDBOOKS ONLY — Shipped the week after the event. Your local sales tax + actual shipping amount will be added Fax: E -mail: (E) ❑ $65 Order Handbook Only: Beyond the Basics Make Better Decisions Website: (F) ❑ $65 Order Handbook Only: Dollars and Sense Attracting, Retaining Guest Name: SPECIAL NEEDS: ❑ Wheelchair Access ❑ Hearing Impaired Other ❑ Visually Impaired ❑ Vegetarian Meals METHOD OF PAYMENT: Payable to: Special District Institute ❑ Check Enclosed for $ ❑ Please Invoice PO# n Charge: ❑ Visa ❑ M/C Card # 06 numbers +3 numbers listed in the signature area on back of credit card) Billing Address for Card: State: and Compensating Employees (G) ❑ $100 Order Handbook Only: Special District Governance Seminar MEAL PACKAGES: (H) ❑ $100 Guest Meal Package for Seminar DISCOUNTS — If applicable: $50 Discount for attendance of 4 or more from the same District registering at the same time (Good on options A or B only and not good with any other discounts - including early registration discount). $25 Early registration discount for options A or B including seminar only. (Must receive payment by January 26, 2011.) Not valid on Workshops only. SUBTOTAL OF REGISTRATION - FROM ABOVE: SUBTRACT $50 (Discount for 4 or more registering for A or B including seminar only) SUBTRACT $25 (Discount for Early Registration) (Must receive payment by January 26, 2011. Not valid on Workshops only.) CERTIFICATION FEE ($35) only if applicable TOTAL REGISTRATION FEE: Signature: I HANDBOOK PURCHASES: Expiration Date: i Shipping and sales tax will be added FOR OFFICIAL USE ONLY Date R'vd Verify DB Code # Cert? Inv. # Net Paid Ltr. Sent DB Final .n lac r I $ $