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HomeMy WebLinkAbout2011-10-13 - Board of Directors Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, October 13, 2011, 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. SPECIAL RECOGNITION 6.1. Recognition of OCWA Annual Hot Tap and Horseshoe Competition Participants 6.2. Recognition of Staff for Outstanding Customer Service Compliments 7. COMMITTEE REPORTS 7.1. Citizens Advisory Committee (Beverage) Minutes of meeting held September 26, 2011 at 8:30 a.m. Meeting scheduled October 24, 2011 at 8:30 a.m. 8. 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. 8.1. Minutes of the Board of Directors Regular Meeting Held September 22, 2011 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Special Meeting Held October 4, 2011 Recommendation: That the Board of Directors approve the minutes as presented. 8.3. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $4,216,037.85. 8.4. Progress Payment No. 2 for Construction of the 2010 Waterline Replacement Project, Phase 1 - Plumosa Drive Recommendation: That the Board of Directors approve Progress Payment No. 2, in the net amount of $141,998.40, to Kana Pipeline, Inc. for construction of the Plumosa Drive Pipeline Project, Job No. 201012. 8.5. Engineering Services for Pressure Regulating Stations Upgrade Project Recommendation: That the Board of Directors authorize execution of a Professional Services Agreement with Hall & Foreman, Inc. in the amount of $82,400 to prepare engineering design, and provide bidding support and construction management services for the Pressure Regulating Stations Upgrade Project. 8.6. Construction Contract for Fairmont Reservoir Valve Replacements Recommendation: That the Board of Directors award a construction agreement in the amount of $203,800.00 to Pascal & Ludwig Constructors, Inc., for installation of replacement valves at the Fairmont Reservoir. 8.7. Easement Quitclaim for Sewer System Transfer Recommendation: That the Board of Directors authorize the General Manager to execute the Quitclaim Deed relating to Parcel 1 in the Deed of Easement recorded on March 25, 1991 as Instrument No. 91-134888, to quitclaim to the City of Yorba Linda the Brush Canyon Chlorination Building site. 8.8. Letter of Understanding for Yorba Linda Blvd. Booster Station Project Recommendation: That the Board of Directors authorize the General Manager to submit a Letter of Understanding to the City of Yorba Linda for the District's Yorba Linda Blvd. Booster Station and Pipeline Project. 8.9. Agreement Amendment with Total Compensation Systems Recommendation: That the Board of Directors authorize the General Manager to amend the current professional services agreement with Total Compensation Systems, Inc. to complete a "roll-over" valuation for the years 2012 and 2013 at a cost not to exceed $1,400. 9. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 9.1. Terms & Conditions for Water & Sewer Service for King Family Trust, Tract 16488 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service for the King Family Trust, Tract No. 16488, for development of 11 residential lots. 9.2. Standing List of Vendors for Provision of Temporary Personnel Services Recommendation: That the Board of Directors authorize development of a standing list of vendors for the provision of temporary personnel services, on an as-needed basis, and execution of Professional Services Agreements with these vendors, subject to approval as to form by General Counsel, and providing Certificates of General Liability and Workers' Compensation insurance coverage to the District on an on-going basis along with waivers of subrogation for our files. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. President's Report 10.2. Directors' Reports 10.3. General Manager's Report Benefits Fair - October 26, 2011 at 11:30 a. m. A131 825 Training - December 6, 2011 (Time to be determined.) A131 234 Training - March 12, 2012 (Time to be determined.) 10.4. General Counsel's Report 10.5. Future Agenda Items and Staff Tasks 11. COMMITTEE REPORTS CONTINUED 11.1. Executive-Administrative-Organizational Committee (Beverage/Hawkins) Minutes of meeting held October 6, 2011 at 4:00 p.m. Meeting scheduled October 18, 2011 at 11:00 a.m. 11.2. Finance-Accounting Committee (Collett/Kiley) Minutes of meeting held September 26, 2011 at 4:00 p.m. Meeting scheduled October 24, 2011 at 4:00 p.m. 11.3. Personnel-Risk Management Committee (Kiley/Beverage) • Minutes of meeting held October 11, 2011 at 4:00 p.m. (To be provided at the meeting.) • Meeting scheduled November 8, 2011 at 4:00 p.m. 11.4. Planning-Engineering-Operations Committee (Melton/Collett) Minutes of meeting held October 6, 2011 at 9:00 a.m. Meeting scheduled November 3, 2011 at 4:00 p.m. 11.5. Public Affairs-Communications-Technology Committee (Hawkins/Melton) • Meeting scheduled October 10, 2011 at 4:00 p.m. was cancelled and will be rescheduled. 11.6. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Hawkins) Minutes of meeting held September 27, 2011 at 4:00 p.m. Meeting scheduled November 22, 2011 at 4:00 p.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. WACO - September 9, 2011 (Hawkins) 12.2. YL City Council - September 20, 2011 (Melton) 12.3. MWDOC Board - September 21, 2011 (Melton/Staff) 12.4. OCWD Board -September 21, 2011 (Kiley/Staff) 12.5. YL Planning Commission - September 28, 2011 (Collett) 12.6. ISDOC - September 29, 2011 (Hawkins/Kiley) 12.7. YL City Council - October 4, 2011 (Hawkins) 12.8. MWDOC/MWD Workshop -October 5, 2011 (Melton/Staff) 12.9. OCWD Board - October 5, 2011 (Kiley/Staff) 12.10. WACO -October 7, 2011 (Hawkins) 12.11. YL Planning Commission - October 12, 2011 (Kiley) 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from October 14, 2011 - November 30, 2011 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 Legal Counsel - Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Itani, et al vs. YLWD (OC Superior Court - Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (OC Superior Court - Case No. 00125994) Name of Case: State Farm General Insurance Company vs. YLWD (OC Superior Court - Case No. 00311353) Name of Case: Weiss vs. YLWD (OC Superior Court - Case No. 00319080) Name of Case: Lindholm vs. YLWD, et al (OC Superior Court - Case No. 00320239) Name of Case: Travelers Commercial Insurance Company vs. YLWD (OC Superior Court - Case No. 00327152) Name of Case: Manista vs. YLWD, et al (OC Superior Court - Case No. 00332968) Name of Case: American Security Insurance Company, et al vs. YLWD (OC Superior Court - Case No. 00348304) Name of Case: Buc vs. YLWD (OC Superior Court - Case No. 00409755) Name of Case: Interinsurance Exchange of the Automobile Club vs. YLWD (OC Superior Court - Case No. 00425404) 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 October 27, 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. ITEM NO. 7.1 AGENDA REPORT Meeting Date: October 13, 2011 Subject: Citizens Advisory Committee (Beverage) Minutes of meeting held September 26, 2011 at 8:30 a.m. Meeting scheduled October 24, 2011 at 8:30 a.m. ATTACHMENTS: Name: Description: Type: 092611 - CAC Minutes.doc CAC Mtg Minutes 09/26/11 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING September 26, 2011 1. CALL TO ORDER A meeting of the Citizens Advisory Committee was called to order at 8:30 a.m. Chair, Carl Boznanski. The meeting was held at the District's Administrative Office at 1717 East Miraloma Avenue, Placentia CA 92870. COMMITTEE MEMBERS PRESENT Carl Boznanski, Chair Rick Buck Oscar Bugarini Modesto Llanos Lindon Baker Daniel Mole Fred Hebein Cheryl Spencer- Borden Greg Meyers YLWD DIRECTORS PRESENT YLWD STAFF PRESENT Michael Beverage, Director Damon Micalizzi, PI Officer VISITORS PRESENT None. 2. PUBLIC COMMENTS None. 3. DISCUSSION ITEMS 3.1. Elk Mountain Reservoir Practice Field Project Update (Verbal Report) Mr. Micalizzi informed the Committee that the proposed practice field project for the Elk Mountain Reservoir site has been discontinued. This came as a result of the District's legal counsel uncovering some information regarding the funds originally allocated for the project by the developer that will preclude the District from moving forward with such a design at the Elk Mountain site. Mr. Micalizzi and Mr. Beverage explained to the group that other potential projects may come down the road at District sites including the Elk Mountain location, however staff is currently exploring partnerships for those potential site improvements with other agencies. 3.2. 2011/12 Budget & Strategic Plan The Committee reviewed and discussed the Districts 2011/12 Budget and Strategic Plan. The Committee inquired about budgeting at a loss for depreciation and Mr. Beverage explained the philosophy behind the numbers and how the budget directly reflects the current water rate. The Committee will revisit these documents in 2012 as the District enters its next Budget Cycle. In addition, details and history were offered to the Committee regarding the District's approach to funding depreciation, 1 staffing levels, and the timing of Capital Improvement projects at a fiscally advantageous time to the District. 3.3. Citizens Advisory Committee Questionnaire Mr. Micalizzi presented to the Committee a hard copy of a CAC Questionnaire. With the Committee voting to re-organize at the end of the Calendar year, the Board, staff and the Committee's Chair have collaborated on a list of ten questions that will help the Board and staff best utilize the CAC moving forward. Members of the Committee will be e- mailed a link that will direct them to this survey. Their answers will be tabulated and the data will be presented at the Committee's final meeting of the Calendar year. 3.4. Future Agenda Items ■ AWWA QualServe Employee Survey Results and Executive Summary ■ Rate Structure and Financial Planning 4. ADJOURNMENT 4.1. The Committee adjourned at 10:24 a.m. The next meeting of the Citizens Advisory Committee will be held October 24, 2011 at 8:30 a.m. 2 ITEM NO. 8.1 AGENDA REPORT Meeting Date: October 13, 2011 Subject: Minutes of the Board of Directors Regular Meeting Held September 22, 2011 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Narne: Description: Type: 092211 BOD - Minutes.doc BOD Mtg Minutes 09/22/11 Minutes Approved by the Board of Directors of the Yorba Linda Water District 10/13/2011 PH/RK 5-0 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING September 22, 2011 1. CALL TO ORDER The September 22, 2011 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Beverage at 8:33 a.m. The meeting was held in the Board Room at the District's Administrative Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE Director Melton led the pledge. { 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Michael J. Beverage, President Ken Vecchiarelli, General Manager Robert R. Kiley Steve Conklin, Engineering Manager Gary T. Melton Lee Cory, Operations Manager Stephen Parker, Finance Manager DIRECTORS ABSENT Gina Knight, Human Resources Manager Phil Hawkins, Vice President Art Vega, Interim IT Manager Ric Collett Damon Micalizzi, Public Information Officer Derek Nguyen, Water Quality Engineer 4 Brian Vargas, Maintenance Distribution Operator III Mando Raya, Maintenance Distribution Operator III Brian Lendzion, Maintenance Worker g. € Annie Alexander, Executive Secretary ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Nancy Rikel, Mayor, City of Yorba Linda Eddie Beltran, Senior Associate, Kidman, Behrens & Tague LLP 4. ADDITIONS/DELETIONS TO THE AGENDA President Beverage announced that Item Nos. 14.1. and 14.3. would be deleted from the agenda as they were no longer needed and that Item No. 14.2. would be taken prior to Item No. 7.1. Mr. Vecchiarelli requested to add the following event to Item No. 13.1. as he just received the invitation the previous day and the event was scheduled for the following day: OCWD Table Top Work Session - September 23, 2011 Director Melton made a motion, seconded by Director Kiley, to add the above listed event to Item No. 13.1. Motion carried 3-0-2. Directors Collett and Hawkins were absent. 1 5. PUBLIC COMMENTS Mayor Rikel addressed the Board and commended District staff for the work they were doing on the Oriente Drive Pipeline Replacement Project. 6. SPECIAL RECOGNITION 6.1. Introduce Brian Lendzion, Newly Hired Maintenance Worker I Mr. Cory introduced Mr. Lendzion and provided the Board with an overview of his background and work experience. The Board welcomed Mr. Lendzion to the District. 6.2. Recognize Brian Vargas, Maintenance Distribution Operator III, for Completion of the ACWA/JPIA Supervisor Basics Certification Program Mr. Cory introduced Mr. Vargas and provided the Board with an overview of his work with the District. President Beverage presented Mr. Vargas with a plaque commemorating his completion of this certification program. 6.3. Recognize Mando Raya, Maintenance Distribution Operator III, for Completion of the ACWA/JPIA Supervisor Basics Certification Program Mr. Cory introduced Mr. Raya and provided the Board with an overview of his work with the District. President Beverage presented Mr. Raya with a plaque commemorating his completion of this certification program. 6.4. Recognize Derek Nguyen, Water Quality Engineer, for Completion of the ACWA/JPIA Supervisor Basics and Human Resources Certification Programs Mr. Conklin introduced Mr. Nguyen and provided the Board with an overview of his work with the District. President Beverage presented Mr. Nguyen with a plaque commemorating his completion of these certification programs. Messrs. Lendzion, Vargas, Raya and Nguyen left the meeting at this time. 14. CLOSED SESSION The meeting was adjourned to Closed Session at 8:45 a.m. All Directors with the exception of Directors Collett and Hawkins were present. Also present were Mr. Vecchiarelli and Mrs. Knight. 14.2. Conference with Labor Negotiators Pursuant to Section 54956.7 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Gina Knight Employee Organization: Yorba Linda Water District Employees Association The Board reconvened in Open Session at 8:54 a.m. 2 7. CONSENT CALENDAR Director Kiley made a motion, seconded by Director Melton, to approve the Consent Calendar. Motion carried 3-0-2. Directors Collett and Hawkins were absent. 7.1. Minutes of the Board of Directors Regular Meeting Held September 8, 2011 Recommendation. That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds and Wire Transfers Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of $2,931,844.96. 7.3. Progress Payment No. 2 for Construction of the Ohio St. and Oriente Dr. Pipeline Replacement Recommendation. That the Board of Directors approve Progress Payment No. 2 in the net amount of $202,041.00 to Mamco Construction for the Ohio Stree and Orient Drive Pipeline Project, Job No. 201006. 7.4. Progress Payment No. 8 for Construction of the Highland Booster Pump Station Project Recommendation. That the Board of Directors approve Progress Payment No. 8 in the net amount of $988,200.00 to Pacific Hydrotech Corporation for construction of the Highland Booster AR Pump Station Project, Job No. 200814. 7.5. Approval of Change Order No. 2 for Highland Pump Station Replacement Project Recommendation. That the Board of Directors approve Change Order No. 2, in the amount of $129,265.72, and 45 additional work days, to Pacific Hydrotech Corporation for construction of the Highland Pump Station Replacement Project, Job No. 200814. President Beverage announced that no action was taken during the Closed Session (Item No. 14.2.) that was required to be reported under the Brown Act. 3 8. ACTION CALENDAR 8.1. Elk Mountain Fence Plan Alternatives Mr. Conklin provided a brief overview of each of the fencing alternatives and responded to questions from the Board. Director Melton made a motion, seconded by Director Kiley, to select Alternative 1 and authorize staff to solicit proposals from a minimum of three contractors to install fencing at the Elk Mountain Reservoir site. Motion passed 3-0-2. Directors Collett and Hawkins were absent. 8.2. ACWA Region 10 Election of Officers and Board Members for 2012-2013 Term Director Barbre addressed the Board and requested District support for Joan Finnegan as a candidate for Vice Chair. President Beverage suggested that the Board not approve the Region 10 Nominating Committee's recommended slate and select the following individual candidates: Chair Darrell W. Gentry, Vallecitos Water District Vice Chair Joan C. Finnegan, Municipal Water District of Orange County Board Members James F. Atkinson, Mesa Consolidated Water District Cathy Green, Orange County Water District Larry McKenney, Moulton Niguel Water District Richard L. Vaquez, Vista Irrigation District ' DeAna Verbeke, Helix Water District Director Kiley made a motion, seconded by Director Melton, to nominate the above listed candidates for the ACWA Region 10 Election. Motion passed 3-0-2. Directors Collett and Hawkins were absent. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report None. 9.2. Directors' Reports ■ LCW Terminating the Employment Relationship Workshop - September 15, 2011 (Kiley) Director Kiley provided a brief report on his attendance at the above listed event. Handouts from the workshop will be made available to the Board. 4 9.3. General Manager's Report ■ Washington Report by Senator Feinstein -August 25, 2011 ■ CUEMF Leadership Summit- September 8-9, 2011 ■ OCWA Annual Picnic- September 21, 2011 Mr. Vecchiarelli reported that the Washington Report was well attended and provided an overview of the topics discussed. Mr. Vecchiarelli then reported on his attendance at the CUEMF Leadership Summit and the OCWA Annual Picnic. The summit was attended by several other professionals in the water industry and provided a great opportunity for networking. In addition, the District supplied bottled water for the picnic and staff participated in both the hot tap and horseshoe competitions. Employees involved in these two events will be recognized at the next regular Board meeting. 9.4. General Counsel's Report None. 9.5. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Beverage/Hawkins) Minutes of the meeting held September 19, 2011 were provided at the Board meeting. Directors Beverage and Hawkins attended. Matters discussed during the Committee meeting were as follows: ACWA Region 10 Election of Officers and Board Members for 2012-2013 Term; Legislative Affairs Status; Upcoming Board of Directors Workshop Meetings; Development Agreement Obligations; Revised Professional Services Agreement with Kidman, Behrens and Tague LLP; General Counsel's Monthly Summary Report; and Status Report on Committee Specific Strategic Plan Initiatives. President Beverage stated that the Board would no longer be holding a workshop meeting on October 6, 2011 to discuss the Elk Mountain Reservoir Practice Field Project. The Executive-Administrative- Organizational Committee will be meeting at 4:00 p.m. the same day with a smaller group of primary spokespersons to explain why the District will no longer be considering the project. Mr. Vecchiarelli asked President Beverage if he would like to have the minutes from the Committee meeting on September 19, 2011 revised to reflect that he left the meeting at 12:55 p.m. President Beverage affirmed this request. Meeting scheduled October 18, 2011 at 11:00 a.m. 5 10.2. Finance-Accounting Committee (Collett/Kiley) Meeting scheduled September 26, 2011 at 4:00 p.m. 10.3. Personnel-Risk Management Committee (Kiley/Beverage) Minutes of the meeting held September 13, 2011 were provided in the agenda packet. Directors Kiley and Beverage attended. Matters discussed during the Committee meeting were as follows: Standing List of Vendors for Provision of Temporary Services; Status of Human Resources and Risk Management Activities; Status of Recruitments and Budgeted Positions; Status Report on Committee Specific Strategic Plan Initiatives. Meeting scheduled October 11, 2011 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Melton/Collett) Minutes of the meeting held September 19, 2011 were provided at the Board meeting. Directors Melton and Collett attended. Matters discussed during the Committee meeting were as follows: Approval of Change Order No. 2 for Highland Pump Station Replacement Project; Elk Mountain Fence Plan Alternatives; Resident Concerns Regarding Highland Reservoir; Monthly Preventative Maintenance Program Report; Monthly Groundwater Production and Purchased Import Water Report; Groundwater Producer Meeting Report; Status Report on Capital Projects in Progress; Status Report on Committee Specific Strategic Planning Initiatives. s+ s+ Meeting scheduled October 6, 2011 at 9:00 a.m. 10.5. Public Affairs-Communications-Technology Committee (Hawkins/Melton) Minutes of the meeting held September 9, 2011 were provided in the agenda packet. Directors Hawkins and Melton attended. Matters discussed during the Committee meeting were as follows: YLWD/MWDOC Combined Turf Removal Program; Locke Ranch Annexation Outreach; New Designs for District Signs; Video in the Board Room Update; National Preparedness Month; Dynamics GP Consultant Status; Computerized Maintenance and Management System Project Status; Status Report on Committee Specific Strategic Plan Initiatives; and Public Affairs and Legislative Affairs Board Workshop. Meeting scheduled October 10, 2011 at 4:00 p.m. (This meeting was subsequently cancelled and will be rescheduled to a later date.) 6 10.6. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Hawkins) Meeting scheduled September 27, 2011 at 4:00 p.m. 10.7. Citizens Advisory Committee (Beverage) Meeting scheduled September 26, 2011 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS Reports on attendance of the following meetings will be provided at the next regular Board meeting. 11.1. WACO - September 9, 2011 (Hawkins) 11.2. YL City Council - September 20, 2011 (Melton) 11.3. MWDOC Board - September 21, 2011 (Melton/Staff) 11.4. OCWD Board - September 21, 2011 (Kiley/Staff) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from September 23, 2011 - October 31, 2011 The Board reviewed the listed meetings. Director Kiley stated that he would like to attend the ISDOC Quarterly Meeting on September 29, 2011. Director attendance for this meeting was approved at the last Board meeting. 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 13.1. OCWD Table Top Work Session -September 23, 2011 Santa Ana River Interceptor Line Groundbreaking Ceremony - October 11, 2011 MWDOC Water Policy Forum - October 20, 2011 Directors Kiley and Melton expressed interest in attending the MWDOC Water Policy Forum. Director Kiley made a motion, seconded by Director Melton, to authorize Director attendance at these events. Motion passed 3-0-2. Directors Collett and Hawkins were absent. 7 President Beverage asked about the workshop meetings planned over the next few months. These meetings have been scheduled as follows: November 14, 2011 at 5:00 p.m. Public Affairs & Legislative Advocacy December 12, 2011 at 8:30 a.m. IT/CMMS Implementation January 16, 2012 at 8:30 a.m. Financial Plan & Water Rate Alternatives 14. CLOSED SESSION Item Nos. 14.1. and 14.3. were removed from the agenda as they were no longer needed. 14.1. Public Employee Discipline/Dismissal/Release Pursuant to Section 54957 of the California Government Code 14.3. Conference with Legal Counsel - Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Itani, et al vs. YLWD (OC Superior Court - Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (OC Superior Court - Case No. 00125994) Name of Case: State Farm General Insurance Company vs. YLWD (OC Superior Court - Case No. 00311353) Name of Case: Weiss vs. YLWD (OC Superior Court - Case No. 00319080) Name of Case: Lindholm vs. YLWD, et al (OC Superior Court - Case No. 00320239) Name of Case: Travelers Commercial Insurance Company vs. YLWD (OC Superior Court - Case No. 00327152) Name of Case: Manista vs. YLWD, et al (OC Superior Court - Case No. 00332968) Name of Case: American Security Insurance Company, et al vs. YLWD (OC Superior Court - Case No. 00348304) Name of Case: Buc vs. YLWD (OC Superior Court - Case No. 00409755) Name of Case: Interinsurance Exchange of the Automobile Club vs. YLWD (OC Superior Court - Case No. 00425404) 8 15. ADJOURNMENT 15.1. The meeting was adjourned at 9:32 a.m. The next regular meeting of the Board of Directors will be held October 13, 2011 at 8:30 a.m. Kenneth R. Vecchiarelli Board Secretary 9 ITEM NO. 8.2 AGENDA REPORT Meeting Date: October 13, 2011 Subject: Minutes of the Board of Directors Special Meeting Held October 4, 2011 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Narne: Description: Type: 100411 BOD - Minutes.doc BOD Mtg Minutes 10/04/11 Minutes Approved by the Board of Directors of the Yorba Linda Water District 10/13/2011 PH/RK 5-0 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING October 4, 2011 1. CALL TO ORDER The October 4, 2011 special meeting of the Yorba Linda Water District Board of Directors was called to order by President Beverage at 8:00 a.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. 2. PLEDGE OF ALLEGIANCE President Beverage led the pledge. { 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Michael J. Beverage, President Ken Vecchiarelli, General Manager Phil Hawkins, Vice President Gina Knight, Human Resources Manager Ric Collett Annie Alexander, Executive Secretary Robert R. Kiley (Arrived at approx. 8:20 a.m.) Gary T. Melton ALSO PRESENT Richard Kreisler, Labor Counsel, Liebert Cassidy Whitmore 4. PUBLIC COMMENTS None. ta 5. CLOSED SESSION The meeting was adjourned to Closed Session at 8:01 a.m. All Directors were present with the arrival of Director Kiley as noted. Also present were Messrs. Vecchiarelli and Kreisler and Mrs. Knight. 5.1. Conference with Labor Negotiators Pursuant to Section 54956.7 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association The Board reconvened in Open Session at 8:38 a.m. President Beverage announced that no action was taken during this Closed Session that was required to be reported under the Brown Act. 1 6. ADJOURNMENT 6.1. The meeting was adjourned at 8.39 a.m. The next regular meeting of the Board of Directors will be held October 13, 2011 at 8.30 a.m. Kenneth R. Vecchiarelli Board Secretary r a. 2 ITEM NO. 8.3 AGENDA REPORT Meeting Date: October 13, 2011 Budgeted: Yes Total Budget: N/A To: Board of Directors Cost Estimate: $4,216,037.85 Funding Source: All Funds From: Ken Vecchiarelli, General Account No: N/A Manager Job No: N/A Presented By: Stephen Parker, Finance Dept: Finance Manager Reviewed by Legal: N/A Prepared By: Maria Trujillo, Accounting CEQA Compliance: N/A Assistant I Subject: Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $4,216,037.85. DISCUSSION: The wires and major items on this disbursement list are as follows: A wire of $97,353.38 to ACWA- HBA for October 2011 health premium; a wire of $1,855,246.01 to U S Bank for 2003 and 2008 Certificates of Participation principal and interest payment; a wire of $192,602.00 to OCWD for July LTSS (In-lieu program) payment; a wire of $1,209,777.46 to MWDOC for August 2011 water purchase; and, a check of $141,998.40 to Kana Pipeline, Incorporated for September 2011 pipeline replacement progress payment. The balance of $245,594.36 is routine invoices. The Accounts Payable check register total is $3,742,571.61; Payroll Nos. 19 and 20 totals are $237,726.52 and $235,739.72, respectively; and, the disbursements of this agenda report are $4,216,037.85. 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: CkReg101311 BOD.pdf Check Register Backup Material 11-CS 1013.doc Cap Sheet Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/13/2011 MB/PH 5-0 Yorba Linda Water District Check Register For Checks dated: 9/23/2011 thru 10/13/2011. Check No, Date Vendor Name Amount description ($10k or greater 57442 10/13/2011 Abbott Staffing Group 626.88 57443 10/13/2011 ACWA/JPIA 30.00 5/444 10/13/2011 ACWA-Assn Of Ca Water Agencies 635.00 W92711 09/77/2011 ACWA-HBA 97353.38 Health premium October 57346 09/30/2011 Adams Pipeline Tapping (150.00) 57445 10/13/2011 Aljon Graphics, Inc 398.83 57446 10/13/2011 All CA Products, L-C: 152.95 57447 10/13/2011 Anaheim Wheel & Tire 45.00 57448 10/13/21]1.1 Anixter Inc. 408.53 57449 1G/13/2011 Anthem Blue Crass =AP 165.00 57450 10/13/2011. Aqua-Metric Sales Co. 6.668.33 57451 10/13/2011 Aramark 989.86 57457 10/13/2011 Associated Laboratories 2:423.30 57454 10/13/2011 AT & T 45.29 57453 10/13/2011 AT & T - Calnet2 3,383.97 57455 10/13/2011 AW Direct Inc. 556.71 5745€1 10/13/2019. AWWA - CA-NV.Section 1,420.00 57457 10,/13/2011 Bank Of Arnerica 736.03 57458 10/13/2011 Hell Pipe & Supply 8.08 51469 1.0/13/2011 C. Wells Pipeline 5,301.86 5746.0 10/13/2011 Caesars Las Vegas 1,118.88 57461 10/13/2011 Cal Municipal T-easur~rs Assn 140.00 57462 10/13/2011 CDW Government, Inc 751.57 57463 10/13/2011 Chambers Group Inc. 855.00 57464 10/13/2011 City Of Placentia 661.35 57465 10/13/2011 Cla-Val Co. 300.00 57465 10/13/2011 Clinical Lab. Of San Bern. 2,93500 5/467 10/13/2011 Colorado River Water Users, Asc 1,395.00 57484 10/13/2011 Castro Online 87.75 57468 10/13/2011 Culligan 1.532.53 57,172 10/13/2011 Dean Criske Trucking 1,127.09 57470 10/13/2011 Diane Dalton 90.00 57471 10/13/2011 DIME Incorporates 1,711.40 57473 10/13/2011 E. H. Wachs Company 474.67 57474 10/13/2011 Eisel Enterprises, Inc. 909.14 57475 10/13/2011 Elite Equipment Inc 624.56 57476 10/13/2011 Fairway Ford Sales, Inc. 109,94 55988 09/30/2011 Fawn Quinones (115.31) 57477 1,0/13/2011 Federal Express 40.92 57478 10/13/2011 Fry's Electronics 269.19 57479 1.0/13/2011 Fullerton Arboretum 2,500.00 57480 10/13/2011 Grainger 81.12 57481 10/13/2011 Haaker Equipment Co. 2.190.01 57482 10/13/2011 Health First Medical Group, ITiC 127.00 57483 10/13/2011 Home Depot Credit Services 161.39 57485 10/13/2011 Infosend Inc. 12,522.56 Bill Mailing Sept, Fall Newsltr 57486 10/13/2011 International Society of Autamatio 100.00 57438 09/27/2E011 ISDOC (independent Special Dist OC) 17.00 57487 10/13/2011 Jackson's Auto Supply Napa 264.38 57488 10/13/2011 Jimmy De Anda 105.04 57489 10/13/2011 Jobs Available 39.00 57490 10/13/2011 John Bugosian 733.73 57491 10/13/2011 Kana Pipeline, Inc 1141,998.40 Pipeline repl prog pay Sept 57492 10/13/1011 Konica Minolta Business 1,998.27 57540 10/06/20111 lamp Post Pizza 2,610.00 57493 10/13/201:1 Lettuce Wok N R~II 750.00 57494 10/13/2011 Lie.bert Cassidy Whitmore 6,981.00 55460 09/30/2011 l Pit (Laser Printer Repair Co) (85.00) 57496 10/1312011 Lynn Nuzman 120.00 57497 10/13/20311 Marina Landscape, Inc 244.38 57498 10113/7011 Maximum PC 29.95 57499 10/13/2011 Mc Padden-Dale Hardware 552.98 57500 10/13/2011 Minuteman Press 549.74 57501 10113/2011 Mudge Fasteners, Inc 214.31 57502 10/13/2011 Municipal Water District 375.00 W101311 10/131201.1 Municipal Water District 1,209,777.46 Water purchase August 57503 10/13/2011 Muzak LLC 67.88 57504 10/13/2011 MWH Americas, Inc. 18,427.00 Water Zn Tfr August svcs 57505 10/13/2011 NEPTUNE TECI INC)LOGY GROUP, IN 15,742.28 Neptune Meters-Inventory 57506 10/13/2011 Nickey Petroleurr Co 13,061.17 Fuel Vehicle fleet September 57507 10/13/2011 Ninyo & Moore 1,435.00 57508 10/13/2011 Office Solutions 1,628.24 57509 10113/2011 Orange County Register 145.68 57510 10/13/2011 Orange County Water Assn 25.00 W10711 10107/201.1 Orange County Water District 192,602.00 LTSS In-lieu July 57511 10/13/2011 Orvac Electronics 16595 51512 10/13/2011 Pacific Coast Tool & Supply 698.37 517440 1010612011 Patrick Grady 27,500.00 Pursuant to Agreemt 9/23 57513 10/13/2011. PELRAC 250.00 57528 10/13/2011 Penton Media Inc 1,49500 51514 10/13/2011 Praxair Distributlon 106.53 57515 10/13/2011 Prudential Group Insurance 37031.90 57516 10/13/2011 R & S Overhead Doors of So Cal, In 2,030.00 57437 09/23/2011 Rush (Yuck Center 9,951.55 57517 10/13/201.1 Ryan W.Vandenccok,Jr. 2,145.00 57518 10/13/2011 5afelite Autoglass 379.74 57519 10/13/2011 Sancon Engineering Inc. 24,672.00 Pipe Lining,. Trenchless CIPP 57510 1.0/13/2011 Shred It USA Inc 82.12 57521 10/13/2011 Southern Calif Edison Co- 99.11 57539 10/13/2011 Southern Calif Edison Co. 5,107.38 57522 10/13/2011 Southern Calif Gas Co. 218.41 57527 10113/2011 S_Jude Hospital Yorba Linda 105.00 57523 10/13/2011 Staples Business Advantage 360.08 57459 10/13/2011 State of CA - Dept of Public Health 7,971.98 57524 10/13/2011 Stater Bros. Markets 45.44 51439 09/27/2011 Stefano's Golden Baked Hams 251.00 5752E 10/13/2011 Stephen Parker/ Petty Cash 283 5"/ 51525 10/13/2011 Steven Engineering 307.22 57529 10/13/2011 Terminix Processing Center 374.00 57530 10/13/2011 Tetra Tech, Inc. 4,167.35 5749:5 10/13/20:11 1'he Lighthouse Inc. 914.80 57531 10/13/7011 Time Warner Cable 447.22 W93011 09/30/2011 U 5 Bank 1,855,246.01 2003 and 2008 COP lnUPrincipl 57532 10/1312011 United Industries 243.81 57533 10/13/2011 Verizon Wireless 1,160.94 57534 10/13/20.11 Village Nurseries 16.38 57441 10/13/2011 WAYNE PERRY INC 1,000.00 57535 10/13/2011 'Wells Supply Co 6,240.05 57536 10/13/2011 West Coast Safety Supply Co 220.77 57537 10/13/20311 Westin Engineering, Inc. 18,948.45 CMMS Consulting svcs August 57538 10/13/2011 Xerox Corporation 1,518.86 Tota 1 $3,742,571.61 October 13, 2011 CHECK NUMBERS: Void Checks 55460,55988 $ (350.31) And 57346 Manual Checks 57437-57440 $ 37,719.55 Computer Checks 57441-57539 $ 347,613.52 Manual Check 57540 $ 2,610.00 $ 387, 592.76 WIRES: W-92711 ACWA-HBA $ 97,353.38 W-93011 U S Bank $1,855,246.01 W-10711 OCWD $ 192,602.00 W-101311 MWDOC $1,209,777.46 $3,354,978.85 TOTAL OF CHECKS AND WIRES $ 3,742,571.61 PAYROLL NOS. 19 and 20: Computer Checks 5041- 5045 Manual Checks 5046- 5057 $ 237,726.52 Computer Checks 5058- 5060 Manual Checks 5061- 5069 $ 235,739.72 DISBURSEMENT TOTAL: $ 4,216,037.85 APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF OCTOBER 13, 2011 ITEM NO. 8.4 AGENDA REPORT Meeting Date: October 13, 2011 Budgeted: Yes Total Budget: $873,300 To: Board of Directors Cost Estimate: $600,000 Funding Source: All Water Funds From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: 201012 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: No Prepared By: Joe Polimino, Project Engineer CEQA Compliance: Exempt Subject: Progress Payment No. 2 for Construction of the 2010 Waterline Replacement Project, Phase 1 - Plumosa Drive SUMMARY: Work is proceeding on construction of approximately 2,900 feet of 12-inch waterline, valves, hydrants and appurtenances in Plumosa Drive, between Lemon Drive and Bastanchury Road. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 2, in the net amount of $141,998.40, to Kana Pipeline, Inc. for construction of the Plumosa Drive Pipeline Project, Job No. 201012. DISCUSSION: In accordance with the contract documents, Kana Pipeline, Inc. (Kana) submitted a request for Progress Payment No. 2, in the amount of $157,776.00 for completed work through September 30, 2011. During this period, the contractor completed potholing of existing utilities, saw-cutting and the installation of the 12-inch mainline in Plumosa Drive. Kana also installed a fire hydrant, a butterfly valve, and 17 service laterals. The status of the construction contract with Kana Pipeline, Inc. is as follows: . The current contract is $568,000.00 and 105 calendar days starting June 28, 2011. . If approved, Progress Payment No. 2 is $157,776.00 (27.8% of the total contract amount), less 10% retention of $15,777.60 for a net payment of $141,998.40. . Total payments to date including retention are $445,006.00 (78.3% of the total contract amount). . As of September 30, 2011, 95 calendar days were used (90.5% of the contract time). Staff reviewed the contractor's progress payment and recommends approval. A copy of Progress Payment No. 2 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): The Board awarded a construction contract in the amount of $568,000 to Kana Pipeline, Inc. on May 12, 2011, for construction of the 2010 Waterline Replacement Project, Phase 1 - Plumosa Drive. The Board has approved one progress payment to date for this project, which was approved September 8, 2011. ATTACHMENTS: Name: Description: V ype: Plumosa_Pipeline _Project_PP 2 Kana_Pipeline.pdf PP #2 Kana Pipeline Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/13/2011 PH/RK 5-0 YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Plumosa Pipeline Project PROGRESS PAY REQUEST NO. 002 LOCATION YOrba Linda, CA PROJECT NO. 201012 PAGE 1 OF 1 PAGES CONTRACTOR 14ana Pipeline, Inc. DATE 9129111 ORIGINAL. CONTRACT AMOUNT: $ 558,000.00 AUTHORIZED CHANGE ORDERS: $ - REVISED CONTRACT AMOUNT: $ 568,000.00 PROGRESS PAY ESTIMATE FOR PERIOD September 1, 2011 TO September 30, 2011 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 287,230.00 $ 157,776.00 $ 445,006.00 CHANGE ORDER WORK COMPLETED $ - $ - $ - TOTAL VALUE OF WORK COMPLETED $ 287,230.00 $ 157,776.00 $ 445,006.00 LESS RETENTION 10% $ 258,507.00 $ 141,998.40 $ 400,505.40 LESS OTHER DEDUCTIONS Electronic Wire Fees NET EARNED TO DATE $ 400,505.40 LESS AMOUNT PREVIOUSLY PAID $ 258,507.00 BALANCE DUE THIS ESTIMATE $ 141,998.40 NOTICE TO PROCEED June 28, 2011 COMPLETION TIME 105 CALENDAR DAYS APPROVED TIME EXTENSIONS 0 CALENDAR DAYS TOTAL CONTRACT TIME 105 CALENDAR DAYS TIME EXPENDED TO DATE 95 CALENDAR DAYS TIME REMAINING, 10 CALENDAR DAYS R'EQU'ESTED BY: DATE_ Rizwan Ran Project Manager, Kara Pipeline f r RECOMMENDED. G' _ GATE: Joe Polimino, Project Engineer, YLWD APPROVED BY: _ DATE: Steve Conklin, Engineering Manager, YLWD ITEM NO. 8.5 AGENDA REPORT Meeting Date: October 13, 2011 Budgeted: Yes Total Budget: $500,000 To: Board of Directors Cost Estimate: $90,000 Funding Source: All Water Funds From: Ken Vecchiarelli, General Manager Job No: 2011-08 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Derek Nguyen, Water Quality CEQA Compliance: Exempt Engineer Subject: Engineering Services for Pressure Regulating Stations Upgrade Project SUMMARY: The District's Capital Improvement Program for FY 2011/2012 includes funding for refurbishing of the District's pressure regulating stations starting with those most in need. Staff issued a Request for Proposal and received five consultant proposals for engineering services for four such sites. Following an evaluation, staff recommends award to Hall & Foreman, Inc. for a fee not to exceed $82,400. STAFF RECOMMENDATION: That the Board of Directors authorize execution of a Professional Services Agreement with Hall & Foreman, Inc. in the amount of $82,400 to prepare engineering design, and provide bidding support and construction management services for the Pressure Regulating Stations Upgrade Project. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting on October 6, 2011 and supports staff's recommendation. DISCUSSION: The District has 41 existing pressure regulating stations (PRS), some of which are 30 to 40 years old. In some of the stations, excessive corrosion and deteriorating conditions have occurred. In addition to the aging conditions, some stations were not constructed with access and safety measures meeting current standards. The current project includes engineering design for the first four PRS facilities. Engineering and Operations staff visited the various stations and determined the upgrades necessary for each. Thereafter, staff prepared a Request for Proposal to provide engineering services and received five proposals from consultants experienced in this field. The District's Engineering review team evaluated and ranked the proposals based on experience, technical merit, content and understanding of the project. Following the technical evaluation and ranking, separate fee envelopes for each proposal were opened. Results of the ranking and fees are as follows: Firm Evaluation Score Proposed Fee Staff Hours Hall & Foreman, Inc. 13.31 $82,400 600 SA Associates 13.25 $82,000 642 Webb Associates 11.80 $99,700 681 CivilTech Engineering Inc. 11.60 $62,810 527 Steven Andrews Engineering 10.08 $135,068 802 Based on the above, the Engineering Review Team recommends award to Hall & Foreman, Inc. This firm had the best proposal, best project team and experience, and proposed fee and staff hours which were reasonable and appropriate based on the scope of work. Approved by the Board of Directors of the Yorba Linda Water District 10/13/2011 MB/PH 5-0 ITEM NO. 8.6 AGENDA REPORT Meeting Date: October 13, 2011 Budgeted: Yes Total Budget: $450,000 To: Board of Directors Cost Estimate: $350,000 Funding Source: All Water Funds From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: 201011 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: Pending Prepared By: Anthony Manzano, Senior CEQA Compliance: Exempt Project Manager Subject: Construction Contract for Fairmont Reservoir Valve Replacements SUMMARY: On October 4, 2011, bids were received from three contractors for installation of replacement valves at the Fairmont Reservoir. Following review of the bids, staff recommends award to the low bidder, Pascal & Ludwig Constructors, Inc., for the amount of $203,800.00. The Engineer's Estimate is $350,000.00. STAFF RECOMMENDATION: That the Board of Directors award a construction agreement in the amount of $203,800.00 to Pascal & Ludwig Constructors, Inc., for installation of replacement valves at the Fairmont Reservoir. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this matter at its October 6, 2011 meeting and supports staff's recommendation. DISCUSSION: Water quality has become an increasing issue at the 7.0 MG buried reinforced concrete Fairmont Reservoir because of poorly operating valves located inside the 38-year-old reservoir. Eight manual valves and six check valves have exceeded their useful life and need to be replaced. This work was originally planned to be completed as part of the Fairmont Booster Station, Reservoir and Site Improvement Project, budgeted to begin later this year. Because of the urgent need to replace these valves, this element of the work was accelerated. A bid package was prepared by staff and sent to five contractors experienced with this type of work. On October 4, 2011, sealed bids were received from three of these contractors for Valve Replacement at the Fairmont Reservoir. The bids range from a low of $203,800.00 to a high of $268,926.00, as shown below. The bid tabulation and bid documents from the low bidder, Pascal & Ludwig Constructors, Inc., were reviewed by District staff and found to be responsive and fully in order. Accordingly, staff recommends award to Pascal & Ludwig Constructors, Inc. No. Company Bid 1. Pascal & Ludwig Constructors, Inc. $203,800.00 2. Pacific Hydrotech Corporation $237,220.00 3. Schuler Engineering Corp. $268,926.00 PRIOR RELEVANT BOARD ACTION(S): On April 14, 2011, the Board of Directors authorized the President and Secretary to execute the Finance, Design and Construction Agreement for Fairmont Booster Pump Station Improvements, to document the terms under which Shapell Industries would pay the District $183,266 for certain improvements at the Fairmont Reservoir and Booster Station site. Approved by the Board of Directors of the Yorba Linda Water District 10/13/2011 PH/RK 5-0 ITEM NO. 8.7 AGENDA REPORT Meeting Date: October 13, 2011 Budgeted: N/A To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: Yes Prepared By: Steve Conklin, Engineering CEQA Compliance: N/A Manager Subject: Easement Quitclaim for Sewer System Transfer SUMMARY: The Board of Directors approved the Public Sewer System Transfer Agreement with the City of Yorba Linda on April 27, 2011. The agreement calls for the transfer of a District-owned, surplus building, located at the east end of Brush Canyon Park. This process requires the execution of a Quitclaim Deed for the building site, a copy of which is attached. The Quitclaim Deed not only relinquishes the use of the property to the City but also any site improvements, which in this case includes the Chlorination Building. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to execute the Quitclaim Deed relating to Parcel 1 in the Deed of Easement recorded on March 25, 1991 as Instrument No. 91-134888, to quitclaim to the City of Yorba Linda the Brush Canyon Chlorination Building site. DISCUSSION: The Brush Canyon Chlorination Building was previously used to house chlorine gas cylinders and equipment to disinfect locally pumped groundwater from two District-owned wells located south of the railroad tracks, near the Santa Ana Riverbed. The District was granted a 14'x 18' water easement in 1991 by the City of Yorba Linda for the building site. When the two wells were abandoned several years ago due to poor water quality, the equipment was removed. The building has not been used since that time and there are no plans for its use in the future. With the proposed transfer of the building ownership to the City, the 14'x 18' easement will no longer be required. Accordingly, a Quitclaim Deed was prepared by District legal counsel for the transfer process. A copy of the original Deed of Easement from 1991 (which is being quitclaimed) is attached for reference. ATTACHMENTS: Name: Descl iption: Type: Final- Quit Claim Deed chlorination facility.docx Quitclaim Deed to City of YL Backup Material J-8934_Chlorination _Bldg Easement.pdf Original Deed of Easement Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/13/2011 PH/RK 5-0 RECORDING REQUESTED BY: CITY OF YORBA LINDA WHEN RECORDED, MAIL TO: CITY OF YORBA LINDA Attention: 4845 Casa Loma Avenue P.O. Box 87014 Yorba Linda, California 92885 THIS SPACE FOR RECORDER'S USE ONLY FREE GOVERNMENT RECORDING PURSUANT TO GOVERNMENT CODE SEC. 6103 AND 27383 AND EXEMPT FROM TAX PURSUANT TO REVENUE AND TAX CODE SEC. 11922 QUITCLAIM DEED The Yorba Linda Water District quitclaims to the City of Yorba Linda all its right, title, and interest granted to the Yorba Linda Water District from the City of Yorba Linda in that certain Deed of Easement recorded on March 25, 1991 as, Instrument No. 91-134888 in the Official Records of Orange County, California, for the real property described as Parcel 1 (Chlorinator Site), Lots B and D of Tract No. 13479. Executed on 2011, at Yorba Linda, California Yorba Linda Water District By: Kenneth Vecchiarelli Title: General Manager of the Yorba Linda Water District 1 Acknowledgment State of California, County of Orange On [date], before me, [name and title of officer taking acknowledgement], personally appeared [names of persons signing instrument], who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity on behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature [seal] 2 CITY OF YORBA LINDA CERTIFICATE OF ACCEPTANCE Please replace with City of Yorba Linda Certificate of Acceptance. 3 NPMW F YarrorP4. RO QL EsT€p tar ~ ~ ~ ~~8U~ ALM rhls Ep CerYliy ih@1 Ir51s D MAIL 1 n 9, L. hpresenW forf acorciing under the provisions HA LrNa4 sVF?:g nlSr£tICT 3,~ of Gov, C-.)de Sec, 6103 by the Yorba Linda . BOX 309, Y4ri3A LiNcA, CA q2.16126 1 water Plerlct in performance of an ortlCal DEED OF EASEMENT aervlce thereof. Ilo,~ Job No. 8934 rtitary a -OWNER(s) of the hereinafter described strip(s) of land In Orange County, California, for good and valuable consideration, receipt of which is hereby acknowledged, do hereby grant to Yorba Linda Water Dletrict, a public corporation, and Its successors, exclusive perpetual easements in, on, over and across said strip(s) of land to Install, construct, reconstruct, remove and construct parallel lines, Inspect, maintain, repair, replace, improve, relocate and remove a plpellne or pipelines with incidental appurtenances and connections. In, on and under said strip(s) of land and to use said pipeline or pipelines, appurtenances and connections for distribution and use of water for Irrigation and domestic purposes, and for the collection and transmission of waste water, storm water €ndfor sewage, together with reasonable rights of entry to said strip(s) of land for the exercise of the rights herein granted. Grantors for tharnselves and their successors in ownership of said strip(s) of land hereby acknowledge that use of any part or all of said strip(s), or the adjoining lands for fences, structures, trees and other things now and hereafter on any part of said strip(s) constituting an interference with the exercise of any of the easements and rights granted by this deed exist and will continue to exist by permission of the orba Linda Water Dlslrict and Its successors, and not adversely to any of said easements and each suu assor in interest of the granters by acceptance of a conveyance of said strip(s) of land, aftits and agrees that any such use is a continuing permissive use. Sald strip(s) of sand is (are) described as foliows: The real property described in Exhlbit 'A° and shown on Exhibit 'B. both attached hereto and by this reference made a part hereof. RECORDED ROFFICIAL RECORDS OFORANG£COUNTY CALIFORJIA pmt MAR 25 1991 oe,,2 ` a, RECORDER WITNESS (my) (our) hand(s) the date following our signatures below: (if a corporation, the corporate seal shall be affixed near the signat4ras of the duty authorized officers) (Ail SIGNATURES SHALL BE NO74gnatura;~ By zf~ C""yor Date City da BY f Yorba Linda 'Q- 55/ tgnature~_- Data lay- - - Signature CJ Date fay Signature Date CERTIFICATE OF ACCEPTANCE This is to certify that the in rest in pi property conveyed by the Deed ~ er-Gram dated 7 g2,from r r to Yorba Linda Water District, a public corporation an r cvernmental agency Is hereby accepted by order of the Board of Directors ❑n * -IL 1g_ 4: __and the grantee consents to too da n thereof by its duly authorized officer. ) DATED ISA44j?gt BY GENERAL MANAGER YORSA LINDA, WATER DISTRICT Deed/En g/1 -8 9 CL - STATE OF CALIFORNIA }ss. T Ir COUNTY OF On 1.~r{ GH lD halore me. G mow/ 4 sa a sr'~ parsonctny appeared_} /r4 fi _.Gf/tya ,spa sou e- y,.. cg r.JE C.~r eA ePWe _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(*,] whoSO game(s) re uhecribed to the wilhin [i'441rumnnt and ackn[xwietdgad to me 4hat,j~l executed the same tr r/. air thOr¢ad capacdy(ms). +d and Mal by err gnailure[s] on the insrumeni the pomn(s) or the entity upon behalf of which the person{s} acted, executed the instrument. OFFICIAL SEAL HELENE KAMMEIFR WITNESS my hand and off.c al $eel. Notary Pulylk; -Cahlorntu j C3ffAA~GE CAUNTY S19nalurMy comm_ Exp. Sup-l'. 1991 ff y (rhis am& tot ollydml namnal nun!] r I C EXHIBIT "A' i LOMAS DE YORBA CHLORINATOR SITE THOSE PORTIONS 01 LOTS `R' AND 'I!' IN TRACT NO. 1347Lf, IN THE C rry OF YORBA LINDA, COUN'T'Y OF ORANGE, S'T'ATE OF CALIPORNIA, AS SHOWN ON A MAY FILED IN BOOK 614, PACE I T11ROUGH 8, INCLUSIVE. OF MISCELLANEOUS MAPS, RE-CORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS PAIWEL 1 (CHLORINATOR SITE) A ;;TRIP OF LAND 14.00 TWEET Its WIDTH, THE WESTERLY LINE OF WENCH IS DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT D; THENCE ALONG THE, EASTERLY LINE OF SAID LOT NORTH 3'46'00" WEST 20 , 27 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHERLY 20.00 FEET, MEASURED AT RIGHT ANGLES. FROM THE SOUTHERLY LIFE OF SAID LOT; THENCE ALONG SAID PARALLEL LINE NORTH 84° 27'34" 'NEST 14.6B FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTff 3" 30'32" EAST 18.00 FEET. THE EASTERLY LINE OF SAID STRIP SHALL BE PROLONGED OR SHORTENED AT THE SOUTHERLY TERMINUS SG AS TO TERMINATE IN SAID PARALLEL LINE. PARCEL 2 (INGRESS - EGRESS) A STRIP OF LAND 20.00 FEET IN WIDTH, THE EASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS BEGINNING AT THE TRUE POINT OF BEGINNING OF PARCEL 1 AS DESCRIBED HEREIN; THENCE NORTH 3° 30'32" EAST 80.14 FEET TO THE NORTHERLY LINE OF SAID LOT D. THE WESTERLY LINE OF SAID STRIP SHALL BE PROLONGED OR SHORTENED AT THE SOUTHERLY TERMINUS SO AS TO TERMINATE IN SAID PARALLEL LINE AND AT THE NORTHERLY TERMINUS SO AS TO TERMINATE IN ?HE NORTHERLY LINE OF SAID LOT D. AS SHOWN. ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF. LAND }CE" F. ASH LS 4306 ,F Exp.9-30.93 ~r Lp ~OFL'Al!E~ ' i I f EXHIBIT "B"' I I I I I I I I I I I I BRUSH CANYON DR TB RUNNING Sp"G WAY TO FEATHER GRASS LANE N N R 527.00' I 29' I •t' N i d . N y T I cc 47 ~ I 4 G :1 N 86'29'28' W j ................14,00' Q , I 20. ~ PARCEL 1 ~ I o I T~ ~ I 7 1400' I I I I 14.68'...;_ s°v T.P.O. N 84'2734• N ~ I N ~ N N $4.27.34. W P.0.B. KEITH F. BUS%Ihi LS 440.5 YaRBA LINDA MATER DISTRICT EXP, 9-3U-g3 LOMAS DE YORBA I CHLOWNA OR SITE I SCALE: f"=24' S F'T. ino ITEM NO. 8.8 AGENDA REPORT Meeting Date: October 13, 2011 Budgeted: Yes Total Budget: $5,500,000 To: Board of Directors Cost Estimate: $10,000 Funding Source: Water Capital Reserves From: Ken Vecchiarelli, General Manager Job No: 2008-17 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: Yes Prepared By: Steve Conklin, Engineering CEQA Compliance: MND Manager Subject: Letter of Understanding for Yorba Linda Blvd. Booster Station Project SUMMARY: In a recent meeting with staff of the City of Yorba Linda, they indicated that they are prepared to move forward with a request that the City Council grant the easements necessary for the District to construct its proposed Yorba Linda Blvd. Booster Station and Pipeline Project on the City's Gun Club Road property. However, staff asked for confirmation that the District will include landscaping improvements fronting Yorba Linda Blvd., along with necessary maintenance of these improvements. In response, staff prepared the draft letter attached for review and consideration. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to submit a Letter of Understanding to the City of Yorba Linda for the District's Yorba Linda Blvd. Booster Station and Pipeline Project. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee considered this item at its October 6, 2011 meeting and supports staff's recommendation. DISCUSSION: Staff of the City and the District have had various meetings and discussions over the last several months regarding the subject project. These discussions have resulted in a plan whereby the City will grant easements for the project, allowing the project to move forward with construction on the City's Gun Club Road property. In the future, the City plans to improve the property as a linear park. In the mean time, City staff has requested that, as a condition for allowing the booster pump station facilities on the future park site, that the District provide perimeter landscaping and maintain it, in the area fronting the project. In response, District staff drafted a Letter of Understanding to memorial the request and the District's intent. ATTACHMENTS: Name: Description: i ype: YLB Prom Ltr of Understanding. pdf Letter of Understanding Backup Material Easement Exhibits.pdf Easement Exhibits Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/13/2011 PH/RK 5-0 Date Mr. Steve Rudometkin, City Manager City of Yorba Linda 4845 Casa Loma Avenue Yorba Linda, CA 92885 Dear Mr. Rudometkin, Subject: Letter of Understanding for the District's Yorba Linda Boulevard Booster Pump Station and Pipeline Project The City of Yorba Linda (City) and Yorba Linda Water District (District) have had various meetings and discussions over the last several months regarding the District's proposed Yorba Linda Boulevard Booster Pump Station and Pipeline Project. We are pleased that these discussions and meetings have resulted in a plan whereby the City will be granting easements for the project. In turn, the District will be constructing a booster pump station at 19555 Yorba Linda Boulevard, on the City's property formerly known as Gun Club Road. The District understands that the City will develop the Gun Club Road property as a linear park at some time in the future. The purpose of this letter is to confirm how the District will maintain the easement areas until such a time that the City completes the linear park. In this regard, 1. The structure on site will consist of a masonry block building to house the booster pumps and appurtenances. The architecture of the block building will be in accord with the City's anticipated plan for the future park development. Accordingly, City staff will have the opportunity to review and approve the District's design plans for the exterior architectural features of the building. 2. District or contracted staff will maintain the exterior of the building and perimeter, for the area shown on Exhibit A. 3. The District will provide and maintain shrubbery-type landscaping along the easterly edge of the easement area shown on Exhibit A. 4. The District will provide and maintain shrubbery-type landscaping along the northerly and easterly edges of the easement area shown on Exhibit B. City staff will have the opportunity to review and approve the District's design plans for landscaping for the areas described. 5. The District will restore the existing security fencing along the Yorba Linda Boulevard frontage at the completion of construction. 6. The District and its contractors shall indemnify the City and hold harmless for activities performed inside or outside of the pump station and the described easement areas in the performance of construction and maintenance activities. 7. The District shall maintain all insurance, bonds and warranties in the execution of the maintenance activities per the City's latest insurance requirements. The efforts and assistance of you and your staff for this important District project are very much appreciated. Sincerely, Ken Vecchiarelli, P.E. General Manager EXHIBIT L "BASfS DF °FARfNG . ~.~i}. } ! ' Df7 ~ c:A WG EYEING NC' r d [S f } ? } L3F . fYj, f' VJF :LONG T!F GEt lNF C7F YC WDA Sf VD, AS SHOWN ON TR.r`: - 'W NO. 17100, BOOK 898, PACTS +3.18 WISCELLANFOUS P-l PF OFF: , -r 7y OF YC UNDA CALIFORMA_ J EAT. VENT F . R RIGHT OF WAY iN 'X 49FAVORnF 3. C WC- 06. 13 -64' S59 E SK.7629, FC 945. O.R. f 0 ` SCALE f._ 40' l~ ~ F f nr~ WA - +FAr°JS. f$ I' 3 { ACC, iNFAVCP ;JFA9,WD. REC. 07-14-1997, lh' i -"1731 D.R. Ca I-AN 05C C c EASES,"EW FOR Wi WS, / fNG. ITAL PL 'POSES IN FAVOR OF ~a tif.W.D ;^C X13 BK_13265, + : 3,976 SGT oy 1340. D R. 41 c~ c c0.0913A FASP-4P F'- GRADING PUR OSE IN 94VOR CF Q C.W.D. RFC Y 0$-13 1979. 6K 1377 PG T. P. 0. B. 12. QO ~ I r -as 4E 00 c~ I YORBA LINDA VD, I z N89`?4°15"W 150.oo, - f I NO. -766 `Ll 1215 1 ~ta A i 9 = CARRY BAR,,VESA i S R V I_AlVQ SURVEYOR, E.L.S 7766 CXP Pl -7 DECEMBER 31, 2011 EXHIBIT "B" - SHECT I OF i ~ - - t. ' As BASIS F _-,=RANG: TM. 171 G S ,-r- 89'27'15' ALONG THE S`EA' - : MIE YoRSA LINDA &VU. AS SHOWN ON ".',AP NQ. 17106, ~ - ~ DC3oK Lg3 PF 13-16 OF MSCEL1AWGUS hl'4 F'S, ` f f RELY IN THE ; 3",+ ;F CCUN7Y Of?nF- C YC LINDA, ST/--"- -)F CA. RSVr~' ~I S89°4942"E 18.00' t,gcEr. F E, T r R RIGHT OF RYA YIN FAVOR OFS.CW.G.'"_;,.CR_i3,p965, ~ 6K 71-.:'. PG- 985, O.R, 11 SC-ILE 1 40' ACS IN FAVOR GF A{ (f~~ O~i~-ci4 TADS T. q 78A't f+J. R_ Q INC1DEdo +A_. PU -OSFS IN FAVOR i " Af,W..D. rEi_^ (18.13-1'v'_+ BK13265, PG. 1340, O.R. r, e^ AcnF07R DIN ±1RP C7 IN FAVOR OF O. C.i1I.G. rl- Q ~ 08-93 9r 4u ;?acs 1358, O.Rt C 2 49 6' S89-49421- ,7, co I 27.00" e- 12. ~A-- 8,69 sc' m 50.00" {3.1983 ACRE ~ N89°24'15W82.00' , 5G-z4`15'W67.92' w YORBA LINDA BLVD. J y 1 N89 °2a'' ` / 150.00' - C ~~h` NO. -.66 / . , 72/3) -A - E BARNES DI c + ; L ttS L1pe V LAND SUR~'y.[^ ✓1R, P. L. S "art"!6 - l'.e'. Eh,p173 s'~.:,'. CJ[,. Li!'cI.' 1, LV! ! ITEM NO. 8.9 AGENDA REPORT Meeting Date: October 13, 2011 Budgeted: Yes To: Board of Directors Cost Estimate: $1,400.00 Funding Source: Operating Funds From: Ken Vecchiarelli, General Account No: 1-3010-0780-00 Manager Presented By: Stephen Parker, Finance Dept: Finance Manager Reviewed by Legal: N/A Prepared By: Joann Gitmed, Accounting CEQA Compliance: N/A Assistant II Subject: Agreement Amendment with Total Compensation Systems SUMMARY: In March 2011, the District entered into a professional services agreement with Total Compensation Systems, Inc. for preparation of the "Actuarial Study of Retiree Health Liabilities". The March 2011 actuarial valuation was completed so the District would be compliant with CaIPERS's requirements for the District to participate in the California Employees Benefit Retirement Trust (CBERT). Under GASB 45, if an entity is a member of a retirement trust, an actuarial valuation must be completed every two years. In order to be compliant with the reporting requirements for CERBT, the District needed to complete an actuarial valuation for the period ending June 30, 2011 and then complete an additional valuation for 2012 and 2013. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to amend the current professional services agreement with Total Compensation Systems, Inc. to complete a "roll-over" valuation for the years 2012 and 2013 at a cost not to exceed $1,400. COMMITTEE RECOMMENDATION: The Finance-Accounting Committee discussed this matter at its meeting held September 26, 2011 and supports staff's recommendation. DISCUSSION: In January 2011, the Board authorized a CERBT Program Agreement and Election of Yorba Linda Water District to Prefund OPEB through PERS. As a member of CERBT, an agency is required to complete an actuarial valuation every two years. In order for the District to continue contributing to the Trust, a current actuarial valuation needs to be completed and submitted to CERBT. In April 2009, the District had its first actuarial valuation completed for the periods ending June 30, 2009 and June 30, 2010. In order to comply with the biennial valuation requirement, and to coincide with the CBERT valuation years, the District opted to complete a new valuation for 2011 and then do a "roll-over" valuation for 2012 and 2013. The 2011 valuation was done by Total Compensation Systems, Inc., at a cost of $3,800. The price for the two year roll-over valuation will be $1,400. Although the District already has a professional services agreement with Total Compensation Systems, Inc., the cost of the roll-over valuation is greater than 10% of the original contract. Therefore, in compliance with the District's purchasing policy, Board authorization is required to approve this amendment. PRIOR RELEVANT BOARD ACTION(S): On January 26, 2011, the Board authorized the President to execute a CERBT Program Agreement and Election of YLWD to Prefund Other Post Employment Benefits through CaIPERS. Approved by the Board of Directors of the Yorba Linda Water District 10/13/2011 PH/RK 5-0 ITEM NO. 9.1 AGENDA REPORT Meeting Date: October 13, 2011 To: Board of Directors Funding Source: Developer Funded From: Ken Vecchiarelli, General Manager Job No: 2009-11 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Steve Conklin, Engineering CEQA Compliance: N/A Manager Subject: Terms & Conditions for Water & Sewer Service for King Family Trust, Tract 16488 SUMMARY: The King Family Trust is proposing to develop its 20-acre site with 11 residential lots in the upper Casino Ridge area, as shown on the attached exhibit. The proposed project has been reviewed and discussed over the last three years with District staff and committees. Agreement has been reached on the issues of concern, and the King Family is requesting approval of Terms and Conditions to allow the project to proceed. STAFF RECOMMENDATION: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service for the King Family Trust, Tract No. 16488, for development of 11 residential lots. COMMITTEE RECOMMENDATION: The Executive Administrative Organizational Committee considered this item at its August 15, 2011 meeting and supports the staff recommendation. DISCUSSION: The King Family Trust, doing business as Yorba Linda Outpost Development LLC, owns 20.01 acres in the upper Casino Ridge area that they propose to develop with 11 residential lots. Of that 20 acres, approximately 10 acres would be developed as building pads and irrigated common areas and 10 acres would remain as non-irrigated undisturbed hillsides. The attached exhibit shows the location of the proposed development, the nearby developed areas, existing and proposed water and sewer mains. Several issues of concern regarding water service to this tract have been examined and discussed over the last three years. The last of these issues was discussed at the Executive Administration Organizational Committee meeting on August 15 and tentative agreement was reached. As such, representatives of the King Family requested that staff prepare and present Terms and Conditions for Water and Sewer Service for consideration by the Board, that, if approved, would allow the residential project to proceed. The issues of concern that were successfully addressed are summarized in Items 47 to 49 of the attached Terms and Conditions for Water and Sewer Service. Item 47 concerns water storage for the project, which is provided by gravity flow from the District's Chino Hills Reservoir. It was acknowledged that, while the reservoir can and would supply water for fire protection for the new development (subject to completion of the water pipeline required in Item 48), the remaining capacity of the existing reservoir is otherwise committed to other residential developments for operational and emergency storage. It was also acknowledged that because of its location in Chino Hills State Park, obtaining additional land to expand Chino Hills Reservoir was not feasible. Therefore, it was agreed that, in lieu of constructing additional water storage, the King Family would provide a payment of $127,263 to fund other District capital facilities supporting water supply and transmission improvements to the pressure zone serving the proposed development. Item 48 concerns the issue of meeting fire flow requirements. Computer-based modeling of the existing water distribution system in the lower Casino Ridge area that would be extended to feed the proposed development, showed that the existing system could not deliver the required water flow at the minimum required pressure for fire protection to the new pad elevations. However, modeling also showed that by adding a 12-inch pipeline from San Antonio Road connecting into the proposed water main in Casino Ridge Road, fire flow requirements could be met. Accordingly, the King Family agreed to pay for the construction of this pipeline as a condition of development. Item 49 concerns the issue of water pressure to the proposed residences. The building pad elevation of the highest residences will be such that the water pressure will be no more than 30 to 40 psi--and less than this during times of high demand. This is because the water elevation in Chino Hills Reservoir (when full) is only 100 feet higher than the pad elevations. Thus, the only means to increase pressure is with booster pumps. Following several discussions on the issues and shortcomings of individual residential booster pumps, the King Family requested that they be allowed and District staff agreed, subject to the conditions noted in Item 49. In conclusion, with the implementation of the terms and conditions for water and sewer service as attached, it is recommended that the subject project be allowed to proceed. ATTACHMENTS: Name: r"escrip4ion Type 200911 TC 10-13-11.docx PLOD T&Cs Backup Material 200911 EXHIBIT.pdf YLOD Exhibit Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/13/2011 PH/RC 5-0 Approved as amended. Date: October 13, 2011 YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR WATER AND SEWER SERVICE NAME OF APPLICANT: KING FAMILY TRUST, dba: Yorba Linda Outpost Development, LLC LOCATION OF PROJECT: NORTH END OF CASINO RIDGE ROAD TRACT NUMBER: 16488 JOB NUMBER: 200911 LOT(S): 11 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) X The applicant shall submit two (2) sets of the following drawings to the District for plan check processing: a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 4) X Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. 5) 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. 6) X The applicant shall provide the District with a copy of the Recorded Tract/Parcel Map(s) illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 7) X The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. 8) X The applicant shall furnish the District with a 24-hour emergency telephone number prior to the District's approval of the construction plans. Page 2 of 5 NAME OF APPLICANT: KING FAMILY TRUST LOCATION OF PROJECT: NORTH END OF CASINO RIDGE ROAD 9) X The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 10) 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. 11) 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 and Sewer facilities. 12) X The applicant shall complete an Application to and Agreement for Water Service. 13) X The applicant shall pay all of the water fees as required by the Rules and Regulations of the District. 14) X The applicant shall pay meter fees associated with the installation of radio read meters for this project. 15) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Water Service. 16) 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. 17) 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. 18) X The applicant's water facilities upstream to and including the meter shall be District owned and maintained. 19) 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. 20) X The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 21) X The applicant shall install one 1 water Sampling Station in conformance with the District's Standard Plans. Page 3 of 5 NAME OF APPLICANT: KING FAMILY TRUST LOCATION OF PROJECT: NORTH END OF CASINO RIDGE ROAD 22) 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. 23) X The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 24) _ All existing water services that are not useable in the new plan shall be cut and plugged and properly abandoned at the main pipeline connection point. 25) X The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 26) 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. 27) X The applicant shall adjust and raise to grade all valve covers within the limits of this project. 28) 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. 29) X The applicant shall complete a Temporary Water Permit for all water that will be used through the new water services to temporarily serve the new dwellings. 30) 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. 31) X The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. 32) 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. 33) 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. 34) X The applicant and their successors (through required disclosure by 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 Page 4 of 5 NAME OF APPLICANT: KING FAMILY TRUST LOCATION OF PROJECT: NORTH END OF CASINO RIDGE ROAD State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross-Connections. 35) _ The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 36) X The applicant shall complete an Application to and Agreement for Sewer Service. 37) 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. 38) X The applicant shall pay all of the sewer fees as required by the Rules and Regulations of the District. 39) X The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan, applicable Sub-Area Master Plans 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. 40) X The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 41) X The applicant's sewer facilities in Casino Ridge Road shall be District owned and maintained. 42) X The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District's Plans and Specifications. 43) X The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. 44) 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. 45) X The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector and shall include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. (END OF STANDARD TERMS AND CONDITIONS) Page 5 of 5 NAME OF APPLICANT: KING FAMILY TRUST LOCATION OF PROJECT: NORTH END OF CASINO RIDGE ROAD PROJECT SPECIFIC TERMS AND CONDITIONS 46) X The applicant shall provide the District with a copy of the soils report for the proposed project. If the report indicates corrosive soil conditions, the applicant shall be responsible for conducting a soil corrosivity study, applicant's corrosion engineer shall provide recommendations for cathodic protection to be reviewed and approved by the District. 47) X In lieu of providing water storage for the project, the applicant shall provide a payment of $127,263 for capital funding for the District for water supply and transmission improvements. 48) X The applicant shall construct a 12-inch diameter water transmission pipeline from the existing 12-inch diameter stub located on San Antonio Road, extending easterly to and through the subject project and connect to the water main to be constructed in Casino Ridge Road as part of the proposed development project. 49) X The applicant may install individual water pumps with approved backflow prevention assemblies, comply with Terms and Conditions No. 32 for such assemblies and shall execute a Declaration of Restrictive Covenants noticing buyers of possible low pressure conditions and the existence of private pressure pump systems (if installed). 50) X The applicant shall not proceed with any above-grade construction of homes until after completion of the 12-inch water main described above and the completion of the water main and fire hydrants in Casino Ridge Road. I hereby certify that the foregoing Terms and Conditions were approved at the October 13, 2011 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 Water and Sewer Service is not executed for the project under consideration. Kenneth R. Vecchiarelli General Manager PROJECT LOCATION 1'iM 18488 OA&NO = NODE t ROAD v u y(WAA eta p P~ OR AµE i t VICINITY MAP ! \ ti~%' NO SCALE ` A OFD" ~e~.i,~<`•\. r LObI?„TO EXISTING 1 O \ 1 1300 ZONE (68) 1 A,\ \ FAIRMONT BL\/D. wATEf -MAIN J° \ \ O / I \ PROPOSED 12" f ATER MAIN PRV\" \ \ O. i PROPOSED 8'. ' SEWER MAIN \ 1 4 CAS I I,p EXISTING 8" SEWER MAIN EXISTING 12" WATER MAIN (ZONE-6) O LEGEND' PROJECT LOCATION LOTS LOCATED IN TRACT 16488 PREPARED BY: SCALE: EXHIBIT NO SCALE EL YORBA LINDA WATER DISTRICT KING FAMILY TRUST DATE: TRACT NO. 16488 8/29/2011 1717 , MA AVENUE PLACENTIAENTIA CALIFORNIA 92870 FILENAME: (714) 701-3000 200911 ITEM NO. 9.2 AGENDA REPORT Meeting Date: October 13, 2011 Budgeted: Yes To: Board of Directors Funding Source: All Funds From: Ken Vecchiarelli, General Manager Presented By: Gina Knight, HR/Risk Manager Dept: Human Resources/Risk Management Reviewed by Legal: No Prepared By: Amelia Cloonan, Personnel CEQA Compliance: N/A Technician Subject: Standing List of Vendors for Provision of Temporary Personnel Services SUMMARY: The purpose of this report is to request that the Board of Directors approve the development of a standing list of vendors for the provision of temporary personnel services. STAFF RECOMMENDATION: That the Board of Directors authorize development of a standing list of vendors for the provision of temporary personnel services, on an as-needed basis, and execution of Professional Services Agreements with these vendors, subject to approval as to form by General Counsel, and providing Certificates of General Liability and Workers' Compensation insurance coverage to the District on an on-going basis along with waivers of subrogation for our files. COMMITTEE RECOMMENDATION: The Personnel-Risk Management Committee discussed this item at their September 13, 2011 Committee meeting and recommends that the Board of Directors authorize staff to develop a standing list of vendors for the provision of temporary personnel services. DISCUSSION: From time to time, the District requires the services of vendors to provide temporary personnel services. In order to facilitate the process of utilizing the services of temporary employment service vendors, staff proposes developing a list of approved vendors. The Human Resources Department is recommending that Professional Service Agreements and Certificates of General Liability and Workers' Compensation insurance, with waivers of subrogation, be put in place with temporary service vendors so that when the need to bring someone in to fill a position on a temporary basis arises, the District is prepared. The Human Resources Department proposes development of a list of temporary service vendors to include but not be limited to: Project Partners, Abigail Abbott, Apple One, Accountemps, Kimco, Minutemps ATTACHMENTS: Name: D9Scripti0n: o ype: 2011 YLWD Professional Services Agreement.docx PSA Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/13/2011 RK/GM 5-0 VENDOR CONTRACT # PROFESSIONAL SERVICES AGREEMENT BETWEEN THE YORBA LINDA WATER DISTRICT AND [INSERT PARTY] PROJECT/SITE: [INSERT DESCRIPTION] JOB [INSERT JOB#] DATE: [INSERT DATE] THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into on , 20117 by and between the YORBA LINDA WATER DISTRICT, a local public agency, created and operating under authority of Division 12 of the California Water Code ("District"), and [INSERT CONSULTANT] ("Consultant") (collectively referred to herein as the "Parties"). RECITALS WHEREAS, District is engaging in the Project described in the Scope of Work attached as Exhibit "A"; and WHEREAS, District requires a professional consultant with the requisite knowledge, skill, ability and expertise to provide the necessary services for District during all phases of the Project to which the specialized services of Consultant are appropriate; and WHEREAS, Consultant represents to District that it is fully qualified and available to perform the services for and as requested by District; and NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and conditions herein, the Parties agree as follows: AGREEMENT 1.0. SCOPE OF WORK. The services to be provided by Consultant ("Work") are called out in the Scope of Work attached as Exhibit "A" and incorporated herein by reference. All Work shall be performed in accordance with the standards customarily provided by an experienced and competent professional rendering the same or similar services and in such a prompt and continuous fashion as not to impede or delay the overall completion of the Project. 1.1. Project Manager. Consultant acknowledges that continuous and effective communication between District, Consultant, and other consultants (as appropriate) is necessary to the successful completion of the Project. Consultant may also be required to furnish copies of its work product and communications to 1of10 YLWD Professional Services Agreement - 04/01/11 VENDOR CONTRACT # others as requested by District. Consultant's primary contact with District shall be through District's Project Manager specified on Exhibit "A." District's primary contact with Consultant shall be through the Consultant's Representative, designated on Consultant's Cost Proposal attached as Exhibit "B," and incorporated herein by reference. When requested by District, Consultant's Representative shall attend Project meetings and will undertake, as a part of its professional responsibility under this Agreement, to coordinate its activities with all appropriate individuals and consultants. 1.2. Use of Designs and Drawings. All work product of Consultant, whether created solely by Consultant or in cooperation with others, is prepared specifically and expressly for District and all right, title, and interest therein shall be owned by District. District shall make available to Consultant such information, documents, graphs, studies, etc., which District possesses or has access to, which are relevant to Consultant's Work pursuant to this Agreement. 1.3. Review. Consultant shall furnish District with reasonable opportunities from time to time to ascertain whether the Work of Consultant are being performed in accordance with this Agreement. All Work done and materials furnished shall be subject to final review and approval by District. District's interim review and approval of Consultant's work product shall not relieve Consultant of its obligations to fully perform this Agreement. 1.4. Commencement of Work. The Project start date is called out on Exhibit "A 1.5. Time Is Of The Essence. Consultant shall perform all Work with due diligence as time is of the essence in the performance of this Agreement. Time limits applicable for the performance of Consultant's Work are established in Exhibit "A." 2.0 COMPENSATION. As compensation for performance of the Work specified under the Scope of Work (Exhibit "A"), District shall pay Consultant an amount not to exceed that contained in Consultant's Cost Proposal (Exhibit "B"). Payment will be made at the rates set forth in Consultant's Fee Schedule, which is attached as Exhibit "C" and incorporated herein by reference. Costs or expenses not designated or identified in the Fee Schedule shall not be reimbursable unless otherwise provided in this Agreement. 2.1. Invoicing. Consultant shall submit an invoice within ten (10) days after the end of each month during the term of this Agreement describing the Work performed for which payment is requested. District shall review and approve all invoices prior to payment. District shall pay approved invoices within thirty (30) days of receipt. Consultant agrees to submit additional documentation to support the invoice if requested. If District does not approve an invoice, District shall send a notice to Consultant setting forth the reason(s) the invoice was not approved. 2of10 YLWD Professional Services Agreement - 04/01/11 VENDOR CONTRACT # Consultant may re-invoice District to cure the defects identified by District. The revised invoice will be treated as a new submittal. District's determinations regarding verification of Consultant's performance, accrued reimbursable expenses, if any, and percentage of completion shall be binding and conclusive. Consultant's time records, invoices, receipts and other documentation supporting the invoices shall be available for review by District upon reasonable notice and shall be retained by Consultant for three (3) years after completion of the Project. 2.2. Extra Services. Before performing any services outside the scope of this Agreement ("Extra Services"), Consultant shall submit a written request for approval of such Extra Services and receive written approval from District. District shall have no responsibility to compensate Consultant for any Extra Services provided by Consultant without such prior written approval. 3.0 TERMINATION. District may terminate this Agreement at any time upon ten (10) days written notice to Consultant. Should District exercise the right to terminate this Agreement, District shall pay Consultant for any Work satisfactorily completed prior to the date of termination, based upon Consultant's Fee Schedule. Consultant may terminate this Agreement upon ten (10) days written notice to District in the event of substantial failure by District to perform in accordance with the terms hereof through no fault of Consultant; or in the event District fails to pay Consultant in accordance with the terms in Section 2.0; or if Consultant's Work hereunder is suspended for a period of time greater than ninety (90) days through no fault of Consultant. 3.1. Withholding Payment. In the event District has reasonable grounds to believe Consultant will be materially unable to perform the Work under this Agreement, or if District becomes aware of a potential claim against Consultant or District arising out of Consultant's negligence, intentional act or breach of any provision of this Agreement, including a potential claim against Consultant by District, then District may, to the fullest extent allowed by law, withhold payment of any amount payable to Consultant that District determines is related to such inability to complete the Work, negligence, intentional act, or breach. 4.0. SAFETY. Consultant shall conduct and maintain the Work so as to avoid injury or damage to any person or property. Consultant shall at all times exercise all necessary safety precautions appropriate to the nature of the Work and the conditions under which the Work is to be performed, and be in compliance with all applicable federal, state and local statutory and regulatory requirements including State of California, Department of Industrial Relations (Cal/OSHA) regulations. Consultant is responsible for the safety of all Consultant personnel at all times during performance of its Work, including while on District property. 5.0 INDEMNIFICATION. 3of10 YLWD Professional Services Agreement - 04/01/11 VENDOR CONTRACT # 5.1. When the law establishes a professional standard of care for the Consultant's services, to the fullest extent permitted by law, Consultant will defend, indemnify and hold harmless District, its directors, officers, employees, and authorized volunteers from and against all claims and demands of all persons that arise out of, pertain to, or relate to the Consultant's negligence, recklessness, or willful misconduct in the performance (or actual or alleged non- performance) of the Work under this Agreement. Consultant shall defend itself against any and all liabilities, claims, losses, damages, and costs arising out of or alleged to arise out of Consultant's performance or non-performance of the Work hereunder, and shall not tender such claims to District nor to its directors, officers, employees, or authorized volunteers, for defense or indemnity. 5.2. Other than in the performance of professional services, to the fullest extent permitted by law, Consultant will defend, indemnify and hold harmless District, its directors, officers, employees and authorized volunteers from and against all claims and demands of all persons arising out the performance (or actual or alleged non-performance) of the Work (including the furnishing of materials), including but not limited to claims by the Consultant, Consultant's employees and any subconsultants for damages to persons or property, except for damages resulting from the willful misconduct, sole negligence or active negligence of District, its directors, officers, employees, or authorized volunteers. 5.3. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against District or any of its directors, officers, employees, or authorized volunteers, with legal counsel reasonably acceptable to District. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against District or any of its directors, officers, employees, or authorized volunteers, in any and all such aforesaid suits, actions, or other legal proceedings for which Consultant is obligated to defend, indemnify and hold harmless District, its directors, officers, employees and authorized volunteers under this Agreement. 5.4. Consultant shall reimburse District or its directors, officers, employees, and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by District or its directors, officers, employees, or authorized volunteers. 6.0 INSURANCE REQUIREMENTS. Prior to execution of this Agreement, and at any time thereafter on request, Consultant shall provide executed certificates of insurance and policy endorsements acceptable to District evidencing the required coverage and limits for each insurance policy. Each insurance policy shall be primary insurance as respects District, its affiliated organizations and its and their respective officers, directors, trustees, employees, agents, consultants, attorneys, successors and 4of10 YLWD Professional Services Agreement - 04/01/11 VENDOR CONTRACT # assigns (collectively, the "Covered Parties") for all liability arising out of the activities performed by or on behalf of Consultant. Any insurance, pool coverage, or self- insurance maintained by Covered Parties shall be excess of Consultant's insurance and shall not contribute to it. Except for the Errors and Omissions policy (Section 6.4), all insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the Covered Parties or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to loss. Consultant waives its right of recovery against the Covered Parties for damages covered by insurance required by this Agreement. Consultant shall require similar written express waivers and insurance clauses from each of its subcontractors. The insurer issuing the Workers' Compensation insurance shall amend its policy to waive all rights of subrogation against the Covered Parties. Each insurance policy shall provide, or be endorsed to provide, that coverage shall not be cancelled except after thirty (30) days prior written notice by U.S. Mail (ten (10) days for non-payment of premium) has been given to District. Unless otherwise approved by District, each insurance provider shall be authorized to do business in California and have an A.M. Best rating (or equivalent) of not less than "A-:VII." Consultant shall provide and maintain at all times during the performance of this Agreement the following insurance: (1) Commercial General Liability ("CGL") insurance; (2) Automobile Liability insurance; (3) Workers' Compensation and Employer's Liability insurance; and (4) Errors and Omissions ("E&O") liability insurance. 6.1. Commercial General Liability. Each CGL policy shall identify Covered Parties as additional insured, or be endorsed to identify Covered Parties as additional insured using a form acceptable to the District. Coverage for additional insured shall not be limited to vicarious liability. Defense costs must be paid in addition to limits. Each CGL policy shall have liability coverage limits of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage, and either at least (a) $2,000,000 aggregate total bodily injury, personal injury and property damage applied separately to the Project; or at least (b) $5,000,000 general aggregate limit for all operations. CGL insurance and endorsements shall be kept in force at all times during the performance of this Agreement and all coverage required herein shall be maintained after the term of this Agreement so long as such coverage is reasonably available. 6.2. Automobile Liability. Each Automobile Liability policy shall require coverage for "any auto" and shall have limits of at least $1,000,000 for bodily injury and property damage, each accident, and shall use ISO policy form "CA 00 01 " including owned, non-owned and hired autos, or the exact equivalent. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the CGL policy described above. Automobile Liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement and all coverage required herein shall be 5of10 YLWD Professional Services Agreement - 04/01/11 VENDOR CONTRACT # maintained after the term of this Agreement so long as such coverage is reasonably available. 6.3. Workers' Compensation/Employer's Liability. Consultant shall cover or insure the existence of coverage under the applicable laws relating to Workers' Compensation insurance, all of their employees employed directly by them or through subconsultants at all times in carrying out the Work contemplated under this Agreement, in accordance with the "Workers' Compensation and Insurance Act" of the California Labor Code and any amendatory Acts. Consultant shall provide Employer's Liability insurance with limits of at least $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee. By Consultant's signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and that Consultant will comply with such provisions before commencing Work under this Agreement. Upon the request of District, subconsultants must provide certificates of insurance evidencing such coverage. 6.4. Errors and Omissions. Each E&O policy shall have limits of at least $1,000,000 per claim and $1,000,000 aggregate. E&O insurance and endorsements shall be kept in force at all times during the performance of this Agreement and all coverage required herein shall be maintained after the term of this Agreement so long as such coverage is reasonably available. 7.0. INDEPENDENT CONTRACTOR. The Parties agree that the relationship between District and Consultant is that of an independent contractor and Consultant shall not, in any way, be considered to be an employee or agent of District. Consultant shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of District. District will not be legally or financially responsible for any damage or loss that may be sustained by Consultant because of any act, error, or omission of Consultant or any other consultant, nor shall Consultant make any claim against District arising out of any such act, error, or omission. 7.1. Taxes and Benefits. Consultant shall be solely responsible for the payment of all federal, state and local income tax, social security tax, Workers' Compensation insurance, state disability insurance, and any other taxes or insurance Consultant, as an independent contractor, is responsible for paying under federal, state or local law. Consultant is not eligible to receive Workers' Compensation, medical, indemnity or retirement benefits through District, including but not limited to enrollment in CaIPERS. Consultant is not eligible to receive overtime, vacation or sick pay. 6of10 YLWD Professional Services Agreement - 04/01/11 VENDOR CONTRACT # 7.2. Permits and Licenses. Consultant shall procure and maintain all permits, and licenses and other government-required certification necessary for the performance of its Work, all at the sole cost of Consultant. None of the items referenced in this section shall be reimbursable to Consultant under the Agreement. 7.3. Methods. Consultant shall have the sole and absolute discretion in determining the methods, details and means of performing the Work required by District. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools and transportation necessary for the successful completion of the Work to be performed under this Agreement. District shall not have any right to direct the methods, details and means of the Work; however, Consultant must receive prior written approval from District before assigning or changing any assignment of Consultant's project manager or key personnel and before using any subconsultants or subconsultant agreements for services or materials under this Agreement and any work authorizations. 8.0. NOTICES. Any notice may be served upon either Party by delivering it in person, or by depositing it in a U.S. Mail Deposit Box with the postage thereon fully prepaid, and addressed to the Party at the address set forth below: District: Kenneth R. Vecchiarelli, General Manager Yorba Linda Water District P.O. Box 309 Yorba Linda, California 92885-0309 Consultant: As designated in Exhibit "B." Any notice given hereunder shall be deemed effective in the case of personal delivery, upon receipt thereof, or, in the case of mailing, at the moment of deposit in the course of transmission with the United States Postal Service. 9.0 ASSIGNMENT. Neither Consultant nor District may assign or transfer this Agreement, or any part thereof, without the prior written consent of the other Party, which shall not be unreasonably withheld. 10.0 ATTORNEY'S FEES. In the event of any action arising out of, or in connection with, this Agreement, or the Work to be performed hereunder, the prevailing Party shall be entitled to have and recover, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation, its attorney's fees. 11.0. BINDING ARBITRATION. Within thirty (30) days after service of a civil action on either Party arising out of, or in connection with, this Agreement, either Party may elect to submit the action to binding arbitration before the Judicial Arbitration and Mediation Service ("JAMS"), located in Orange County. The Parties agree that upon an election to arbitrate, any civil action filed will be stayed until arbitration proceedings have 7of10 YLWD Professional Services Agreement - 04/01/11 VENDOR CONTRACT # concluded. Upon submission of the matter to JAMS, the submitting Party shall obtain from JAMS a list of three (3) randomly selected arbitrators and serve said list upon the other Party. In the event that there are more than two parties to the action, the number of arbitrators randomly selected and included in the list shall be increased by two for each additional party involved. Upon service of the randomly selected list of arbitrators, each party shall have twenty (20) days to eliminate two arbitrators from the list and return it to JAMS, with the selected arbitrator being the remaining name on the list. Should more than one name remain on the list, JAMS will randomly select the arbitrator from the names remaining on the list. Arbitration shall be scheduled for hearing on the merits no later than six (6) months after the date the arbitrator is selected. All parties shall be permitted to conduct discovery as provided by the current rules of the California Code of Civil Procedure. All costs of JAMS or of the arbitrator for Work shall be divided equally among the Parties, unless otherwise ordered by the arbitrator. In an arbitration to resolve a dispute under this provision, the arbitrator's award shall be supported by law and substantial evidence. 12.0 FORCE MAJEURE. Upon written notice by the owing Party, the respective duties and obligations of the Parties hereunder (except District's obligation to pay Consultant such sums as may become due from time to time for Work rendered by it) shall be suspended while and so long as performance thereof is prevented or impeded by strikes, disturbances, riots, fire, governmental action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the reasonable control of the Party from whom the affected performance was due. 8of10 YLWD Professional Services Agreement - 04/01/11 VENDOR CONTRACT # [INTENTIONALLY LEFT BLANK] 9of10 YLWD Professional Services Agreement - 04/01/11 VENDOR CONTRACT # 13.0 ENTIRE AGREEMENT. This Agreement, and the attached Exhibits, represent the entire and integrated agreement between District and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both District and Consultant. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered into as of the day and year written above. District: Consultant: Yorba Linda Water District By: By: Kenneth R. Vecchiarelli, General Manager APPROVED AS TO FORM: McCormick, Kidman and Behrens, LLP By: Arthur G. Kidman, General Counsel Attachments: Exhibit A: Scope of Work Exhibit B: Cost Proposal for Work Exhibit C: Fee Schedule 10 of 10 YLWD Professional Services Agreement - 04/01/11 ITEM NO. 11.1 AGENDA REPORT Meeting Date: October 13, 2011 Subject: Executive-Administrative-Organizational Committee (Beverage/Hawkins) Minutes of meeting held October 6, 2011 at 4:00 p.m. Meeting scheduled October 18, 2011 at 11:00 a.m. ATTACHMENTS: Name: Description: Type: 100611 EAO - Minutes.doc EAO Mtg Minutes 10/06/11 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING October 6, 2011 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 STAFF Director Michael J. Beverage, Chair Ken Vecchiarelli, General Manager Director Phil Hawkins OTHER ATTENDEES Mr. Tim Brooks Mr. Bob Fleisig Ms. Franny Yen 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Discontinuation of Elk Mountain Reservoir Practice Field Project Director Beverage provided information to the attendees on the Committee's current position regarding the proposed practice fields at the Elk Mountain Reservoir site. Based on information provided by legal counsel, and with further consideration of the options and alternatives available to the YLWD Board of Directors, the practice field alternative at the Elk Mountain site will most likely not be pursued as this time. The property owners present asked whether this decision will be made by the full Board and if so, when. Director Beverage explained that while he cannot speak for the full Board, they are aware of the purpose and intent of the Executive-Administration-Organizational Committee meeting since the workshop with the full Board was canceled and replaced with this meeting. This action was reported at the Board of Director's Meeting on September 22 following discussion of the minutes of the Executive- Administration-Organizational Committee Meeting held September 19. Director Beverage also shared the Committee's most recent consideration of alternatives including the possible joint use of certain District sites with the Orange County Fire Authority (OCFA) for helicopter landing sites in emergencies, refueling and water filling for firefighting efforts. While the Elk Mountain site may not be the prime location for this activity, the Committee sought the attendees' feedback and requested their support of this possibility even if pursued at other sites. Director Beverage also 1 presented another possibility for expenditure of the funds originally identified for the proposed passive park at the Elk Mountain site. This possibility involves land owned by the City of Yorba Linda and would have to be explored further with City representatives. Finally, Director Beverage reported on the Board of Directors action to authorize expenditures to close the fencing gap along the northeast corner of the Elk Mountain site. The attendees thanked the Committee for including them in this process and requested to be kept in the communications loop for any further related activities and future Board decisions. 2.2. Future Agenda Items and Staff Tasks None were addressed. 3. ADJOURNMENT 3.1. The Committee adjourned at 5:20 p.m. The next meeting of the Executive-Administrative-Organizational Committee will be held October 18, 2011 at 11:00 a.m. 2 ITEM NO. 11.2 AGENDA REPORT Meeting Date: October 13, 2011 Subject: Finance-Accounting Committee (Collett/Kiley) Minutes of meeting held September 26, 2011 at 4:00 p.m. Meeting scheduled October 24, 2011 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 092611 FA - Minutes.doc FA Mtg Minutes 09/26/11 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT FINANCE-ACCOUNTING COMMITTEE MEETING September 26, 2011 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 STAFF Director Ric Collett, Chair Ken Vecchiarelli, General Manager Director Robert R. Kiley Stephen Parker, Finance Director 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Contract Extension with Total Compensation Systems Mr. Parker explained that Total Compensation Systems has a signed Professional Services Agreement to complete the District's other post- employment benefits actuarial for the 2011 fiscal year - which was completed at a cost of $3,800. The District has the opportunity to use a less expensive "roll-over" valuation for the 2012 and 2013 fiscal years through Total Compensation Systems at a cost of $1,400. Mr. Parker explained that staff recommended extending the current PSA with Total Compensation Systems, but as the cost of the roll-over valuation is greater than 10% of the original contract, according to current purchasing procedures, Board authorization is necessary. The Committee recommended that this item be placed on the consent calendar for the Board's consideration at the next meeting on October 13, 2011. 3. DISCUSSION ITEMS 3.1. Audit Update (Verbal Report) Mr. Parker explained that while the auditors had not yet provided the final journal entries, staff felt confident that the CAFR would still make it to the Finance-Accounting Committee at the next meeting, and would be able to go on to the full Board for the second meeting in October. Mr. Parker shared that there were a couple of management letter comments that were found by the auditors, but they were items that staff had already corrected and they should be called significant deficiencies, which is the lower of the two main classifications of management letter comments. 3.2. July 2011 & August 2011 Budget to Actual Results Mr. Parker presented both the July and August Budget to Actual results, as the new Committee meeting date allows staff to provide more timely 1 information to the Committee. Mr. Parker explained that in both months revenue is trending below budgeted levels. Through August, water revenue is 18.4% of the annual budget, while historical averages tell us that 24% of the District's revenue usually comes by August. Mr. Parker explained that salary-related expenses were lower than budgeted as one half of July's salaries were earned in June, and were accrued back in to the prior fiscal year. Mr. Parker said that salaries would trend lower than budget all year for this reason. Mr. Parker also pointed out a few supplies and services expenses that were higher than budgeted through this point. Dues and Memberships were higher because the annual charge for LAFCO and CSDA memberships hit in July - this will even off as the year progresses. Also, through August, Insurance was very high as the annual JPIA premium was paid - this line item was also not expected to go over budget this year. 3.3. Investment Reports through August 2011 The investment reports for July and August were presented by Mr. Parker. Mr. Parker explained that the yield decreased in both months as the District put more money into LAIF, which has a lower yield than the CalTRUST Short Term account and as the yields in the CalTRUST Short Term and Medium Term accounts decreased due to the ecomony. Mr. Parker explained the purposes of a couple of transfers that were made in July. The first was to replenish the Reserve for Debt Service, which was very low because the District is not selling as many units annually as we did when we set the rates in 2008 to pay for the debt service of the bonds. The second was to reconcile the Water Operating and Water Capital Reserves relating to the fourth quarter of the prior fiscal year to reimburse Water Operating for capital projects that Water Operating paid for. 3.4. Status Report on Committee Specific Strategic Plan Initiatives Mr. Parker gave an update on the Stratgic Plan Initiatives that related to Fiscal Responsibility. In conjunction with his responses, he mentioned that some of the items would be satisfied with the workshop the Board had scheduled in January. 3.5. Future Agenda Items and Staff Tasks The Committee asked that staff present a summary of the information that would be given to the whole Board during the scheduled workshop in January. Mr. Parker indicated that information could be shared at the following Committee meeting. 4. ADJOURNMENT 4.1. The Committee adjourned at 5:04 p.m. The next regular meeting of the Finance-Accounting Committee will be held October 24, 2011 at 4:00 p.m. 2 ITEM NO. 11.3 AGENDA REPORT Meeting Date: October 13, 2011 Subject: Personnel-Risk Management Committee (Kiley/Beverage) • Minutes of meeting held October 11, 2011 at 4:00 p.m. (To be provided at the meeting.) • Meeting scheduled November 8, 2011 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 101111 PRM - Minutes.doc PRM Mtg Minutes 10/11/11 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL-RISK MANAGEMENT COMMITTEE MEETING October 11, 2011 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 Steve Conklin, Engineering Manager 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Reclassification of Limited-Term Sr. Project Manager Position to a Regular Budgeted Position Mr. Conklin presented to the Committee a request for consideration for the reclassification of the current limited-term Sr. Project Manager position to a regular full-time District position during the next Budget process for FY 2012-2013. Mr. Anthony Manzano was hired as a three-year limited-term Sr. Project Manager on August 17, 2009, and has demonstrated to be a valuable and productive employee for the District. In addition to managing projects, supervising the Planning and Design sections, Anthony is the second-in-command when the Engineering Manager is away from the office either at meetings or on vacation. The Committee will recommend to the Board of Directors for consideration the reclassification of the limited-term Sr. Project Manager position to a regular full-time District position at the next Board of Directors meeting on October 27, 2011. 3. DISCUSSION ITEMS 3.1. Status of Human Resources and Risk Management Activities The Committee reviewed and discussed the updated activities log. Staff discussed the training workshops conducted on-site as well as future off- site workshops. Staff announced the dates of the District's annual benefits fair and the open-enrollment period for section 125 benefits. 3.2. Status of Recruitments and Budgeted Positions Staff presented to the Committee the status of the District's most recent recruitment for the Maintenance Distribution Operator II position. The Committee discussed the District's current vacancies, needs associated with filling these vacancies and options that may be considered. 1 3.3. Status of Committee Specific Strategic Plan Initiatives Staff provided a summary of the activities related to Workforce Engagement initiatives and goals established and identified in the District's 2011-2013 Strategic Plan. Staff noted that a report summarizing the results from the employee succession planning survey was not completed by the target due date and would be done by October 14, 2011. The results of the incumbent survey to collect necessary skills for critical positions will be completed by October 21, 2011. Lastly, staff reported that the draft Career Advancement Workshops would be completed in the month of October. 3.4. Future Agenda Items and Staff Tasks Director Beverage requested an update on the status of the intern program and to have a recurring item on the agenda until this matter is addressed and action taken. The Committee discussed an organizational needs assessment including certain departments and divisions to consider effectiveness, evaluate efficiencies, streamlining and restructuring opportunities. Staff will commence working on this assignment and present a status report at the next Personnel-Risk Management Committee meeting. 4. ADJOURNMENT 4.1. The Committee adjourned at 5:15 p.m. The next meeting of the Personnel-Risk Management Committee will be held November 8, 2011 at 4:00 p.m. 2 ITEM NO. 11.4 AGENDA REPORT Meeting Date: October 13, 2011 Subject: Planning-Engineering-Operations Committee (Melton/Collett) Minutes of meeting held October 6, 2011 at 9:00 a.m. Meeting scheduled November 3, 2011 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 100611 - PEO Minutes.docx PEO Mtg Minutes 10/06/11 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING October 6, 2011 A meeting of the Planning-Engineering-Operations Committee was called to order by Director Melton at 9:00 a.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Gary T. Melton, Chair Ken Vecchiarelli, General Manager Director Ric Collett Steve Conklin, Engineering Manager John DeCriscio, Chief Plant Operator 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Engineering Services for Pressure Regulating Stations Upgrade Project Mr. Conklin reported that staff issued a Request for Proposal and received five consultant proposals for engineering design, bidding support and construction management services for the subject project. He described the District's process for a review committee to evaluate the proposals. Following discussion, the Committee supported the staff recommendation for award to Hall & Foreman, Inc., for engineering services for a fee not to exceed $82,400. 2.2. Construction Contract for Valve Replacement at Fairmont Reservoir Mr. Conklin reported on the status of the valves in the 38-year-old Fairmont Reservoir and the need to move up the date for planned valve replacement due to operational problems. He indicated that a bid package was sent to five contractors experienced with this type of work, and that three bids were received and evaluated. Following discussion, the Committee supported the staff recommendation that the valve replacement contract be awarded to the low bid contractor, Pascal & Ludwig Constructors, Inc., for $203,800. Director Melton suggested staff prepared a letter or notice to property owners near the reservoir site, notifying them of the pending construction and tentative schedule. 2.3. Letter of Understanding for Yorba Linda Blvd Booster Station Project Mr. Conklin reported that in a recent meeting with staff of the City of Yorba Linda, they indicated that they are prepared to move forward with a request that the City Council grant the easements necessary for the District to construct its proposed Yorba Linda Blvd Booster Station and Pipeline Project on the City's Gun Club Road property. However, City staff asked for confirmation that the District will include landscaping improvements fronting Yorba Linda Blvd, and necessary maintenance. In 1 response, a draft letter was prepared and provided to the PEO Committee for review and comment. Following discussion, the Committee supported the staff recommendation that the Board authorize the General Manger to execute and submit to the City a Letter of Understanding for the District's Yorba Linda Blvd Booster Station and Pipeline Project. 3. DISCUSSION ITEMS 3.1. Report on Potential Second Lower Cross Feeder Project Mr. Conklin reported that he and Mr. DeCriscio attended a September 1 meeting at MWDOC regarding the potential project. The project, if constructed, would be a pipeline that would allow additional water from MWD to be delivered into Orange County from MWD's Los Angeles County system in the event the Diemer Filtration Plant is knocked out of operation by a major earthquake. The pipeline would be an east-west cross-connection between MWD's Second Lower Feeder and East Orange County Feeder #2, and could possibly continue easterly and connect to the Allen McCulloch Pipeline. Mr. Conklin indicated that MWDOC will continue to study the potential project, and that updates will be provided to the PEO Committee when available. 3.2. Monthly Preventative Maintenance Program Report Mr. DeCriscio reported that PM work is proceeding on schedule. Work crews completed essentially all of the Air Vac and PRV maintenance and will be concentrating on PM for hydrants, valves and dead-end lines. Work is proceeding on sewer televising and cleaning. Mr. Vecchiarelli reported that documents are being completed for the ordering of our new sewer vactor truck, which will take several months to receive. 3.3. Monthly Groundwater Production & Purchased Import Water Report Mr. DeCriscio reported that the In-Lieu Program ended September 30 and that we are ramping up our groundwater pumping; however, we will continue to maximize our use of MWD water until January, when it will go up in cost. Thereafter, we will take more groundwater to achieve our basin production percentage goal of 48% for FY ending June 30, 2012. 3.4. Groundwater Producer Meeting Report Mr. Conklin reported that at the September 14 meeting, OCWD staff made a presentation on recharge operations at its Santiago Pits facility, described plans for installation of monitoring wells in the Sunset Gap, provided status of the annexation process and reported on the MWD replenishment program that ended September 30. 3.5. Status Report on Capital Projects in Progress Mr. Conklin reported on the status of District capital projects currently in planning, design and construction. Director Collett suggested sending a letter out to the property owners on Green Crest Drive notifying them of the recent sewer lift station improvements. 2 3.6. Status Report on Committee-Specific Strategic Planning Initiatives Mr. Conklin reported on the status of strategic planning objectives related to engineering and operations. 3.7. Future Agenda Items and Staff Tasks Mr. Vecchiarelli reported that the District received a request from the County to provide review comments on a Planning Application for General Plan Amendment for the proposed Cielo Vista Project. The proposed project is an infill development on approximately 84 acres located in unincorporated Orange County, within the sphere of influence of the District. The project site is east of San Antonio Road and north of Yorba Linda Blvd, with up to 112 single-family residential units proposed. The project site includes the property of the Travis Ranch Trusts. The request from the County was received Sep 28, asking for review comments by October 7. Staff prepared a draft letter to the County advising that the proposed development requires preparation of a master plan that includes all nearby properties that may be subject to future development, for the purposes of planning and siting backbone water infrastructure improvements. It was noted to the PEO Committee that there have been previous overtures to the District for development of this property, and that the same response was given for the need for a master plan for the larger undeveloped area. If this proposed development proceeds through the County General Plan amendment process, terms for service starting with a pre-annexation agreement will come before the Committee and on to the full Board of Directors for consideration sometime in the near future. 4. ADJOURNMENT 4.1. The meeting adjourned at 10:20 a.m. The next meeting of the Planning- Engineering-Operations Committee will be held November 3, 2011 at 4:00 p.m. 3 ITEM NO. 11.6 AGENDA REPORT Meeting Date: October 13, 2011 Subject: YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Hawkins) Minutes of meeting held September 27, 2011 at 4:00 p.m. Meeting scheduled November 22, 2011 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 092711_MWDOC_OCWD~ Minutes.pdf MWDOC Mtg Minutes 09/27/11 Backup Material MINUTES OF THE YORBA LINDA WATER DISTRICT JOINT COMMITTEE MEETING WITH MWDOC AND OCWD September 27, 2011 A meeting of the YLWD/MWDOC/OCWD Joint Agency Committee was called to order at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 East Miraloma Avenue, Placentia CA 92870. YLWD COMMITTEE MEMBERS YLWD STAFF Director Michael J. Beverage, Chair Ken Vecchiarelli, General Manager MWDOC COMMITTEE MEMBERS MWDOC STAFF Director Brett Barbre Kevin Hunt, General Manager OCWD COMMITTEE MEMBERS OCWD STAFF Director Roger Yoh Mike Markus, General Manager 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. MWD Labor Negotiations The Committee discussed the recent activity and press reports related to the MWD labor negotiations, how the MWD Board votes are weighted and what the possible impacts of these negotiations will have on future water costs. 2.2. Status of Southern California Water Supply The Committee briefly discussed the current positive water supply status and Director Barbre confirmed that staff is receiving the monthly reports. 2.3. Replenishment Studies (This discussion was combined with Item No. 2.6.) Mr. Markus and Mr. Hunt reported on the current replenishment water availability and that OCWD has taken approximately 92,000 AF of the 225,000 AF identified as available by MWD at the beginning of the fiscal year. The current program is winding down and will most likely stop at the end of the month as all the available water is now accounted for. 2.4. MWDOC's 60th Anniversary Commemoration Director Barbre confirmed that the YLWD Board and staff are invited to attend the Water Policy Forum Dinner on October 20th at the Westin South Coast Plaza Hotel. He noted that the key speaker is Kevin Starr and that the event should be informative and enjoyable. 1 2.5. Status of Groundwater Basin Mr. Markus reported that the basin levels are within the OCWD preferred operating range and if the current year is marked by average or above average precipitation, that the impacts to the future year basin production percentage (BPP) should be positive. Mr. Markus also reported that the OCWD Board of Directors has approved expansion of the Groundwater Replenishment System (GWRS) by 30 million gallons per day (MGD) or approximately 31,000 acre feet per year (AFY). This expansion should allow for a steadier BPP in future years and bolster local water resource reliability. 2.6. MWD Replenishment Water Program Mr. Markus reported on efforts to support a performance based water replenishment program with supporting policies by MWD. This proposed program is not currently supported by all MWD agencies since not all have the ability to take advantage of it and some don't have a good track record of performance under the current program guidelines. Mr. Hunt reinforced that OCWD and the OC basin producers have a proven and consistent record of performance. When MWD has surplus water, OCWD and its producers can usually change their operations to take the surplus water quickly. Conversely, when MWD calls for water from its storage in the basin, OCWD and the producers can promptly deliver it. MWD is scheduling workshops to provide input and feedback for better defining performance standards and determining any policy changes moving forward. Mr. Markus and Mr. Hunt are working closely to support a more structured and beneficial program. 2.7. Annexation of YLWD to OCWD Mr. Markus reported the CEQA process is progressing with input received from various agencies on the Notice of Preparation distributed. The parties requesting annexation are scheduled to discuss incorporating these comments into the EIR document. Various agencies have raised concerns on financial impacts of the proposed annexations and this matter will be analyzed and discussed further. OCWD staff is continuing to move forward under the current policies in place until the OCWD Board makes a determination to support or to change this policy. 2.8. Future Agenda Items and Staff Tasks The Committee briefly discussed the movement Quality Water and Jobs for Southern California and the viability of the future water bond. This discussion may be continued under the general heading: "The Value of Water", or "The Value of Reliable Water Resources". 3. ADJOURNMENT 3.1. The Committee adjourned at 5:05 p.m. The next meeting of the YLWD- MWDOC-OCWD Joint Agency Committee will be held November 22, 2011 at 4:00 p.m. 2 ITEM NO. 13.1 AGENDA REPORT Meeting Date: October 13, 2011 Subject: Meetings from October 14, 2011 - November 30, 2011 ATTACHMENTS: Name: Dosciiption: a ype: BOD - Activities Calendar.pdf BOD Activity Calendar Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: October 2011 Exec-Admin-Organizational Committee Meeting Tue, Oct 18 11:OOAM Beverage/Hawkins Yorba Linda City Council Tue, Oct 18 6:30PM Melton MWDOC Board Wed, Oct 19 8:30AM Melton/Staff OCWD Board Wed, Oct 19 5:30PM Kiley/Staff MWDOC Water Policy Forum Thu, Oct 20 7:OOPM Kiley/Melton Citizens Advisory Committee Meeting Mon, Oct 24 8:30AM Beverage Finance-Accounting Committee Meeting Mon, Oct 24 4:00PM Collett/Kiley Benefits Fair Wed, Oct 26 11:30AM Yorba Linda Planning Commission Wed, Oct 26 7:OOPM Collett Board of Directors Regular Meeting Thu, Oct 27 8:30AM November 2011 Yorba Linda City Council Tue, Nov 1 6:30PM Hawkins MWDOC/MWD Workshop Wed, Nov 2 8:30AM Melton/Staff OCWD Board Wed, Nov 2 5:30PM Kiley/Staff Planning-Engineering-Operations Committee Meeting Thu, Nov 3 4:OOPM Melton/Collett WACO Fri, Nov 4 7:30AM Hawkins Pub Affairs-Communications-Tech Committee Meeting Mon, Nov 7 4:OOPM Hawkins/Melton Personnel-Risk Management Committee Meeting Tue, Nov 8 4:00PM Kiley/Beverage Yorba Linda Planning Commission Wed, Nov 9 7:OOPM Kiley Board of Directors Regular Meeting Thu, Nov 10 8:30AM Holiday Fri, Nov 11 7:30AM District Offices Closed Board of Directors Workshop Meeting Mon, Nov 14 5:00PM Exec-Admin-Organizational Committee Meeting Tue, Nov 15 11:OOAM Beverage/Hawkins Yorba Linda City Council Tue, Nov 15 6:30PM Melton MWDOC Board Wed, Nov 16 8:30AM Melton/Staff OCWD Board Wed, Nov 16 5:30PM Kiley/Staff Joint Committee Meeting with MWDOC and OCWD Tue, Nov 22 4:OOPM Beverage/Hawkins Board of Directors Regular Meeting Wed, Nov 23 8:30AM Yorba Linda Planning Commission Wed, Nov 23 7:00PM Collett Holiday Thu, Nov 24 7:30AM District Offices Closed Holiday Fri, Nov 25 7:30AM District Offices Closed Citizens Advisory Committee Meeting Mon, Nov 28 8:30AM Beverage Finance-Accounting Committee Meeting Mon, Nov 28 4:OOPM Collett/Kiley 101712011 7:56:17 AM