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HomeMy WebLinkAbout2011-12-22 - Board of Directors Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, December 22, 2011, 8:00 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Phil Hawkins, President Gary T. Melton, Vice President Michael J. Beverage Ric Collett Robert R. Kiley 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. 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. 6.1. 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) Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court - Case No. 00486884) 6.2. 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 7. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 7.1. Minutes of the Board of Directors Regular Meeting Held December 8, 2011 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Workshop Meeting Held December 12, 2011 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,476,984.28. 7.4. Progress Payment No. 1 for Construction of the Well No. 20 Well Head Equipping Project Recommendation: That the Board of Directors approve Progress Payment No. 1 in the net amount of $41,040.00 to Pascal & Ludwig Constructors for construction of the Well No. 20 Well Head Equipping Project, Job No. 200711. 7.5. Progress Payment No. 3 for Construction of the 2010 Waterline Replacement Project, Phase 1 - Plumosa Drive Recommendation: That the Board of Directors approve Progress Payment No. 3, in the net amount of $85,125.60, to Kana Pipeline, Inc. for construction of the Plumosa Drive Pipeline Project, Job No. 201012. 7.6. Change Order No. 1 for the 2010 Waterline Replacement Project Phase 1 - Plumosa Drive Recommendation: That the Board of Directors approve Change Order No. 1 in the amount of $100,112.50 and 41 additional calendar days to Kana Pipeline, Inc. for construction of the 2010 Waterline Replacement Project Phase 1 - Plumosa Drive, Job No. 201012. 7.7. Construction Contract for Green Crest Lift Station Repairs Recommendation: That the Board of Directors authorize the President and Secretary to execute a maintenance services agreement with Pascal & Ludwig Constructors, Inc. for repairs to the Green Crest Lift Station in the amount of $90,580, subject to the approval as to form by General Counsel. 7.8. Purchase of a Sewer Jetter/Vacuum Truck Recommendation: That the Board of Directors authorize the General Manager to issue a purchase order to Haaker Equipment Company, in the amount of $361,884.84, for acquisition of a Sewer Jetter/Vacuum Truck. 7.9. Sewer Line Repairs Recommendation: That the Board of Directors authorize transfers not to exceed $90,000, from Sewer Capital Reserves to Sewer Operating Account No. 5030- 0730-59, as needed, to fund additional sewer main line and manhole repairs in the current fiscal year. 8. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 8.1. Resolution of Intention to Amend Contract with CalPERS to provide Section 20475 (Different Levels of Benefits) Recommendation: That the Board of Directors adopt Resolution No. 11-23, Resolution of Intention to Amend Contract with CaIPERS, to provide Section 20475 (Different Levels of Benefits) implementing a Second tier level under Section 21353 (2% 0 60 Full formula), applicable to new hires after the contract amendment is executed. 8.2. Adopting a Public Investment Policy Recommendation: That the Board of Directors adopt Resolution No. 11-24, Setting Forth Public Funds Investment Policy and rescinding Resolution No. 11-08. 8.3. Mitigated Negative Declaration for Yorba Linda Blvd Pump Station and Pipeline Project Recommendation: That the Board of Directors adopt Resolution No. 11-25, (1) Adopting a Final Mitigated Negative Declaration and Initial Study for the Yorba Linda Boulevard Booster Pump Station and Pipeline Project, (2) Adopting Findings and a Mitigation Monitoring and Reporting Program, and (3) Approving the Project. By Adoption of this Resolution, the Board directs Staff to proceed with the implementation of the Project, and to file a Notice of Determination. 8.4. Approval of a Professional Services Agreement with Aspen Risk Management Group Recommendation: That the Board of Directors authorize the General Manager to execute a Professional Services Agreement with Aspen Risk Management Group to provide safety-related consulting services to the District. 8.5. Approval of Legal Services Agreement with Liebert Cassidy Whitmore a Labor Relations Law Firm Recommendation: That the Board of Directors authorize the General Manager to execute a Legal Services Agreement with Liebert Cassidy Whitmore with the proposed rate increases. 8.6. Reject and Refer Claim to ACWA/Joint Powers Insurance Authority Recommendation: That the Board of Directors reject the claim filed by Mr. Goodall and refer it to ACWA/Joint Powers Insurance Authority. 8.7. Emergency Purchase Order and Transfer of Funds Recommendation: That the Board of Directors ratify the issuance of a $42,175 Purchase Order to Sanders Paving, Inc. In addition, that the Board authorize the transfer of $50,000 from Reserves to Account No. 1-5020-0730-66 to cover the cost of this emergency repair work. 8.8. Purchasing Card Recommendation Recommendation: That the Board of Directors authorize the General Manager to sign the Addendum to State of California Purchase Card Program Master Services Agreement with the State of California and US Bank, and allow staff to proceed with implementing a Purchasing Card Program at the District. 8.9. Board of Directors Committee Assignments Recommendation: That the President consider and make recommendations to the Board of Directors for committee and intergovernmental meeting assignments for the upcoming calendar year, subject to consent by the Board. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report 9.2. Directors' Reports • CRWUA Conference - December 14-16, 2011 (Beverage/Melton) 9.3. General Manager's Report All Hands Meeting - December 15, 2011 Highland Reservoir Access Road Closure 9.4. General Counsel's Report 9.5. Future Agenda Items and Staff Tasks 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Beverage/Hawkins) • Minutes of meeting held December 20, 2011 at 4:00 p.m. (To be provided at the next Board meeting.) • Meeting scheduled January 17, 2012 at 4:00 p.m. 10.2. Finance-Accounting Committee (Collett/Kiley) • Meeting scheduled December 27, 2011 at 4:00 p.m. 10.3. Personnel-Risk Management Committee (Kiley/Beverage) Minutes of meeting held December 13, 2011 at 4:00 p.m. Meeting scheduled January 10, 2012 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Melton/Collett) Minutes of meeting held December 13, 2011 at 11:00 a.m. Meeting scheduled January 5, 2012 at 4:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Hawkins/Melton) Minutes of meeting held December 7, 2011 at 4:00 p.m. Meeting scheduled January 9, 2012 at 4:00 p.m. 10.6. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Hawkins) • Meeting scheduled January 24, 2012 at 4:00 p.m. 10.7. Citizens Advisory Committee (Beverage) • Meeting scheduled January 23, 2012 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. WACO - December 9, 2011 (Hawkins) 11.2. YL Planning Commission -December 14, 2011 (Kiley) 11.3. YL City Council - December 20, 2011 (Melton) 11.4. MWDOC Board - December 21, 2011 (Melton/Staff) 11.5. OCWD Board -December 21, 2011 (Kiley/Staff) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from December 23, 2011 - January 31, 2012 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS This section of the agenda is for the Board of Directors to authorize Director attendance at the listed events. 13.1. ACWA Washington DC Conference - February 28-March 1, 2012 Recommendation: That the Board of Directors authorize Director attendance at this event if desired. 14. CLOSED SESSION CONTINUED 14.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager 15. ADJOURNMENT 15.1. The next regular meeting of the Board of Directors will be held January 12, 2012 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: December 22, 2011 Subject: Minutes of the Board of Directors Regular Meeting Held December 8, 2011 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name: Description: Type: 120811 BOD - Minutes.doc BOD Mtg Minutes 12/08/11 Minutes Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 RC/RK 5-0 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING December 8, 2011 1. CALL TO ORDER The December 8, 2011 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by Director Beverage at 8:31 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 Beverage led the pledge. { 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Michael J. Beverage Ken Vecchiarelli, General Manager Ric Collett Steve Conklin, Engineering Manager Phil Hawkins Gina Knight, Human Resources Manager Robert R. Kiley Stephen Parker, Finance Manager Gary T. Melton Art Vega, Interim IT Manager Damon Micalizzi, Public Information Officer Ken Mendum, Water Maint Superintendent Cody Nottingham, Maintenance Worker II 4 Annie Alexander, Executive Secretary ALSO PRESENT Nancy Rikel, Councilmember, City of Yorba Linda Art Kidman, General Counsel, Kidman Behrens & Tague LLP Andrew Gagen, Associate, Kidman, Behrens & Tague LLP Daniel Mole, Chair, YLWD Citizens Advisory Committee Dane Frank Kyndra Frank Chloe Frank Alissa Hawkins Mark Schock 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Vecchiarelli stated that Item No. 6. could be taken prior to Item No. 5. if President Beverage desired to do so. President Beverage decided to switch the order of these two items. 6. PUBLIC COMMENTS None. 1 5. SEATING OF DIRECTORS 5.1. Reorganization of the Board of Directors for Calendar Year 2012 Mr. Vecchiarelli explained that it was time again for the election of officers and requested nominations for the position of President. Director Melton nominated Director Hawkins to serve as President. Director Kiley seconded the nomination. The Board approved the nomination 5-0. The meeting was then turned over to President Hawkins as the presiding officer. Mr. Vecchiarelli subsequently requested nominations for the position of Vice President. Director Kiley nominated Director Melton to serve as Vice President. Director Hawkins seconded the nomination. The Board approved the nomination 5-0. Mr. Vecchiarelli explained that staff was recommending that the Board appoint himself as Secretary, Ms. Alexander as Assistant Secretary and Mr. Parker as Treasurer. Director Beverage made a motion, seconded by Director Kiley to appoint Ken Vecchiarelli as Secretary, Annie Alexander as Assistant Secretary, and Stephen Parker as Treasurer. Motion carried 5-0. President Hawkins thanked his wife, Alissa Hawkins, for attending the Board meeting. Vice President Melton thanked Director Beverage for his service as President during the previous year. 7. SPECIAL RECOGNITION 7.1. Introduce Cody Nottingham, Newly Promoted to Maintenance Worker II Mr. Mendum introduced Mr. Nottingham and provided the Board with an overview of his background and work experience. The Board congratulated Mr. Nottingham for his recent promotion. 7.2. Presentation of Proclamation to Chloe Frank for Winning the District's 2011-12 Bottled Water Label Contest President Hawkins presented a proclamation to Ms. Frank in recognition of her accomplishment. Mr. Micalizzi explained the purpose of the contest and the District's bottled water program. The Board congratulated Ms. Frank and her parents. 2 8. COMMITTEE REPORTS 8.1. Citizens Advisory Committee (Beverage) Minutes of the meeting held November 28, 2011 at 8:30 a.m. were provided in the agenda packet. Mr. Mole provided a brief report regarding matters discussed during the meeting. Director Beverage congratulated Mr. Mole for being selected as the Committee Chair and stated that he would continue to attend these meetings during the next calendar year. Meeting scheduled January 23, 2012 at 8:30 a.m. 9. CONSENT CALENDAR Director Collett made a motion, seconded by Director Beverage, to approve the Consent Calendar. Motion carried 5-0. 9.1. Minutes of the Board of Directors Regular Meeting Held November 23, 2011 Recommendation. That the Board of Directors approve the minutes as presented. 9.2. Payments of Bills, Refunds and Wire Transfers Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of $682,310.46. 9.3. Financial Statements for the Quarter Ending September 30, 2011 Recommendation. That the Board of Directors receive and file the Financial Statements for the Quarter Ending September 30, 2011. 10. ACTION CALENDAR 10.1. Board of Directors Compensation Mr. Vecchiarelli explained that the Board could consider adjusting their compensation rate for the upcoming year as permitted by the Water Code. The compensation rate is currently set at $150.00 per day (limited to 10 days per month) and could be increased up to a maximum of $256.55 per day since the law allows a 5% increase for each year since the last time the rate was adjusted. Director Beverage stated that the Executive-Administrative-Organizational Committee had reviewed this matter and recommended that the Board not increase their compensation rate at this time. 3 Director Beverage made a motion, seconded by Director Collett, to not increase the Board of Directors' compensation rate for the upcoming calendar year. Motion carried 5-0. 10.2. Resolution Requesting a Seat on the Orange County Sanitation District Board Mr. Vecchiarelli explained that in order to more directly represent its new sewer service customers, staff was recommending that the District request a seat on the Orange County Sanitation District (OCSD) Board of Directors. Mr. Vecchiarelli further explained that while the City of Yorba Linda supports the District's efforts in this regard, it would not be supportive of relinquishing its membership on the OCSD Board. Director Beverage made a motion, seconded by Director Kiley, to adopt Resolution No. 11-19 Requesting a Seat on the Orange County Sanitation District Board of Directors. Motion carried 5-0 on a roll call vote. 10.3. Employee Agreements for the Period July 1, 2011 through June 30, 2012 Mrs. Knight provided an overview of the proposed Memorandum of Understanding (MOU) with the District's Employees Association. Mrs. Knight and Mr. Vecchiarelli then responded to questions from the Board regarding changes to the retirement benefits for new hires, the new 4/10 work schedule and goals for completing subsequent negotiations before the beginning of the next fiscal year. Director Hawkins stated that while he was in favor of some of the new provisions included in the MOU, he would be voting against its adoption as he was opposed to the implementation of a 4/10 work schedule. Director Beverage stated that he would also be voting against the adoption of the MOU as there were several members of the bargaining unit who did not accept the good faith offer that included implementation of a 4/10 work schedule. A roll call vote was initiated for the adoption of Resolution No. 11-20. As no motion or second had been made prior to the vote, it was determined to be invalid. Director Collett made a motion, seconded by Director Melton, to adopt Resolution No. 11-20 Adopting the Memorandum of Understanding and Pay Plan Between the District and the Yorba Linda Water District Employees Association. Motion carried 3-2 on a roll call vote with Directors Beverage and Hawkins voting No. Director Beverage made a motion, seconded by Director Collett, to adopt Resolution No. 11-21 Adopting the Employee Compensation Letter and Pay Plan for Supervisory and Confidential Employees. Motion carried 4-1 on a roll call vote with Director Hawkins voting No. 4 Director Beverage made a motion, seconded by Director Collett, to adopt Resolution No. 11-22 Adopting the Employee Compensation Letter and Pay Plan for Management Employees. Motion carried 4-1 on a roll call vote with Director Hawkins voting No. The Board commended Mrs. Knight for her work with the bargaining unit. 10.4. Customer Refunds on Sewer Service Charges Mr. Parker explained the purpose of the refunds and responded to questions from the Board regarding timing and customer notification. Director Collett made a motion, seconded by Director Kiley, to approve refunding up to four years of excess sewer service charges to 100 affected customers at a maximum expense of $17,353. Motion carried 5-0. 10.5. OPEB Liability Pay Down Mr. Parker explained that prefunding the District's OPEB costs will help reduce the associated liability. Mr. Parker further stated that the Finance- Accounting Committee had reviewed this matter and supported staff's recommendation. Director Kiley made a motion, seconded by Director Collett, to authorize staff to deposit $263,810 ($317,979 less actual retiree costs through November 2011) to the California Employees' Retirement Benefit Trust (CERBT) for Fiscal Year 2011112. Motion carried 5-0. 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. President's Report President Hawkins thanked the other Board members for their support and made a few suggestions regarding committee assignments for the remainder of the month and upcoming calendar year. President Hawkins then asked the Directors to notify him of any specific preferences they might have. 11.2. Directors' Reports (The following reports were provided out of order.) ■ AB1825 Training -December 6, 2011 (Beverage) Director Beverage reported on his attendance at this training and commented on his observance of changes in the workplace environment over the years. 5 ■ ACWA Conference - November 30 - December 2, 2011 (Hawkins/Kiley/Melton) ■ ACWA/JPIA Conference - November 28-29, 2011 (Kiley/Melton) Directors Hawkins, Kiley and Melton reported on their attendance at these two conferences and commented on the quality of the sessions offered and the topics covered. ■ AB1234 Training -November 30, 2011 (Melton) Director Melton reported on his attendance at this training and commented on the material provided regarding the Ralph M. Brown Act. President Hawkins thanked Mr. Vecchiarelli and Mr. Kidman for their comments during a session at the ACWA/JPIA conference regarding the legal services and support being provided to the District for litigation related to the Freeway Complex Fire. 11.3. General Manager's Report ■ Tour of Administration Building Mr. Vecchiarelli reported that staff had provided a tour of the Administration building to management staff from the Walnut Valley Water District. ■ ACWA/JPIA Low Loss Ratio Award Mr. Vecchiarelli further reported that the District had received a low loss ratio award related to workers' compensation losses from ACWA/JPIA for the previous fiscal year. Mr. Vecchiarelli thanked Mrs. Knight and the Operations staff for their work on creating and supporting a safety conscious work environment. Mr. Vecchiarelli concluded his comments by stating that he looked forward to seeing the Board and staff at the Employee Recognition Dinner the following evening. 11.4. General Counsel's Report Mr. Kidman stated that there was a need for a Closed Session regarding pending litigation (Item No. 15.1.) Mr. Kidman then commented on a session he attended at the ACWA/JPIA conference. 11.5. Future Agenda Items and Staff Tasks None. 6 12. COMMITTEE REPORTS CONTINUED 12.1. Executive-Administrative-Organizational Committee (Beverage/Hawkins) Minutes of the meeting held November 30, 2011 at 4:30 p.m. were provided in the agenda packet. Meeting scheduled December 20, 2011 at 4:00 p.m. 12.2. Finance-Accounting Committee (Collett/Kiley) Minutes of the meeting held November 28, 2011 at 4:00 p.m. were provided in the agenda packet. Meeting scheduled December 27, 2011 at 4:00 p.m. 12.3. Personnel-Risk Management Committee (Kiley/Beverage) Meeting scheduled December 13, 2011 at 4:00 p.m. 12.4. Planning-Engineering-Operations Committee (Melton/Collett) Meeting scheduled December 13, 2011 at 11:00 a.m. 12.5. Public Affairs-Communications-Technology Committee (Hawkins/Melton) Minutes of the meeting held November 18, 2011 at 10:00 a.m. were provided in the agenda packet. Minutes of the meeting held December 7, 2011 at 4:00 p.m. will be provided at the next Board meeting. Meeting scheduled January 3, 2012 at 4:00 p.m. 12.6. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Hawkins) Minutes of the meeting held November 22, 2011 at 4:00 p.m. were provided in the agenda packet. Meeting scheduled January 24, 2012 at 4:00 p.m. 7 13. INTERGOVERNMENTAL MEETINGS 13.1. YL City Council - December 6, 2011 (Hawkins) Director Hawkins attended and noted the many public comments provided during the meeting regarding the provision of law enforcement services. Director Hawkins further reported that a grant of easement to the District had been approved on the consent calendar. 13.2. MWDOC/MWD Workshop - December 7, 2011 (Melton/Staff) Director Melton attended and commented on the agencies' (MWD's) water storage goals. Other matters discussed during the meeting included (MWD's) water rates, fixed expenses and strategies for offsetting serious revenue shortfalls. 13.3. OCWD Board -December 7, 2011 (Kiley/Staff) Director Kiley attended and commented on the agency's fixed expenses which were discussed during the meeting. 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from December 9, 2011 - January 31, 2012 The Board reviewed the listed meetings and made no changes. On a motion by Director Collett, seconded by Director Kiley and unanimously approved by the Board, the Board of Directors meeting was adjourned to the Public Financing Corporation meeting at 9.43 a. m. (Minutes of the Public Financing Corporation meeting have been recorded separately.) On a motion by Director Beverage, seconded by Director Collett and unanimously approved by the Board, the Public Financing Corporation meeting was adjourned and the Board of Directors meeting was reconvened at 9.46 a. m. President Hawkins asked if the next regular Board meeting would need to begin earlier than 8:30 a.m. to accommodate a Closed Session with legal counsel. Following brief discussion, the time of the Board meeting scheduled December 22, 2011 was changed from 8:30 a.m. to 8:00 a.m. 15. CLOSED SESSION The meeting was then adjourned to Closed Session at 9:47 a.m. All Directors were present. Also present were Messrs. Vecchiarelli, Kidman, Gagen and Mrs. Knight. 15.1. 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) 8 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) Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court - Case No. 00486884) The Board reconvened in Open Session at 10:32 a.m. President Hawkins announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 16. ADJOURNMENT 16.1. The meeting was adjourned at 10:32 a.m. The next regular meeting of the Board of Directors will be held December 22, 2011 at 8:00 a.m. Kenneth R. Vecchiarelli Board Secretary 9 ITEM NO. 7.2 AGENDA REPORT Meeting Date: December 22, 2011 Subject: Minutes of the Board of Directors Workshop Meeting Held December 12, 2011 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name: Description: Type: 121211 BOD - Minutes.doc BOD Mtg Minutes 12/12/11 Minutes Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 RC/RK 5-0 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS WORKSHOP MEETING December 12, 2011 1. CALL TO ORDER The December 12, 2011 Workshop Meeting of the Yorba Linda Water District Board of Directors was called to order by President Hawkins at 8:30 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 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Phil Hawkins, President Ken Vecchiarelli, General Manager Gary T. Melton, Vice President Steve Conklin, Engineering Manager Michael J. Beverage Gina Knight, Human Resources Manager Ric Collett Stephen Parker, Finance Manager Robert R. Kiley Art Vega, Interim IT Manager John DeCriscio, Chief Plant Operator Damon Micalizzi, Public Information Officer Dave Barmer, Sr Maint Distribution Operator Annie Alexander, Executive Secretary ALSO PRESENT Tom Santoro, Consulting Partner, NeuLogics 4. PUBLIC COMMENTS None. P 5. DISCUSSION ITEMS 5.1. Information Technology and Systems Overview (Staff Presentation) Mr. Vega began the discussion with a PowerPoint presentation regarding the issues, projects and goals of the IT department. This included a review of the department's mission statement and a description of the services provided. Mr. Vega continued his presentation with an overview of the District's enterprise software and related issues. Mr. Vega also reviewed the department's efforts to address staff's concerns and resolve existing IT- related problems. Mr. Vega introduced Mr. Santoro who provided a summary of the consulting services being provided to the District by NeuLogics. Mr. Vega and Mr. Santoro responded to questions from the Board regarding recent, 1 on-going measures to provide additional training and technical support to staff. Mr. Vega further summarized the department's current projects as well as GIS and SCADA related activities. Mr. Vega then introduced Mr. Barmer who provided the Board with a live demonstration of the CityWorks CMMS software. Mr. Vega continued his summary of the department's current projects including the status of CMMS implementation, implementation of a purchase requisition program and improvements to the District's network infrastructure. Mr. Vega concluded his presentation with a description of the department's future projects, expected challenges, as well as goals and objectives. Staff then responded to questions from the Board regarding the Engineering departments utilization of the District's enterprise software. Mr. Vecchiarelli briefly commented on the possibility of the District providing technological related services for other public agencies. The Board commended Mr. Vega on his presentation. 6. ADJOURNMENT 6.1. On a motion by Director Beverage, seconded by Director Melton and unanimously approved by the Board, the meeting was adjourned at 10:26 a.m. The next regular meeting of the Board of Directors will be held December 22, 2011 at 8:00 a.m. Kenneth R. Vecchiarelli Board Secretary a 2 ITEM NO. 7.3 AGENDA REPORT Meeting Date: December 22, 2011 Budgeted: Yes Total Budget: N/A To: Board of Directors Cost Estimate: $1,476,984.28 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 $1,476,984.28. DISCUSSION: The wires and major items on this disbursement list are as follows: A wire of $874,519.74 to MWDOC for October 2011 water purchase; a wire of $32,267.85 to Southern California Edison for November services rendered at all sites; a check of $85,125.60 to Kana Pipeline, Incorporated for November Pipeline Replacement services; and, a check of $61,165.75 to Kidman, Behrens, & Tague, LLP for November legal services rendered. The balance of $179,659.37 is routine invoices. The Accounts Payable check register total is $1,232,738.31; Payroll No. 25 total is $244,245.97; and, the disbursements of this agenda report are $1,476,984.28. 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: rear e; D-;sc i ptm: l Y e: CkReg122211 BOD.pdf Check Register Backup Material 11-CS 1222.doc Cap Sheet Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 RC/RK 5-0 Yorba Linda Water District Check Register For Checks Dated: 12/09/2011 thru 12/22/2011 Check No. Date Vendor Name Amount Description {$1,Ok or greater) 58014 12/22/2011 ABI DEHBOZORGI 264.00 58+349 12/22/2011 Adams Pipeline Tapping 335.00 57981 12/22/2011 ALAN BOUDREAU 264-OD 579x3 12/22/2011 ALAN 1 WRIGHT 85-20 58050 1212212011 Alternative Hose Inc. 3512 57976 12/22/2011 ANDREA D'AViNO 71.24 58022 12/22/2011 ANNALISA CHAVEZ 264-00 58051 12/22/2011 Anthem Blue Cross EAP 162-80 58052 12/22/2011 Apollo Technologies Inc. 410.00 58053 12/22/2011 Aramark 617.25 58024 12/22/2011 ARDY FAROKHIRAD 236.33 58054 12/22/2011 AT & T - Calnet2 2,891-16 58055 12/22/2011 AT & T Mobility 203.33 57989 12/22/2011 BAO NGUYEN 213-73 57998 12/22/2011 BARRY MCKINLEY 264.00 58056 12/22/2011 Battery Systems 347.14 58011 12/22/2011 BRAD DAVIDSON 264.00 58064 12/22/2011 C. Wells Pipeline 1,621.64 58057 1212212011 Cal Municipal Treasurers Assn 105.00 59058 1212212011 Calif Water Environ Assn (CWEA) 146,00 579,88 12/22/2011 CAROLINE RANG 264.00 58059 12/22/2011 CDW Government, Inc 452.55 58060 12/22/2011 Certified Laboratories 336.32 57979 1212212011 CHANDRAKANT PATEL 254.00 58005 12/22/2011 CHARLOTTE DUFFY 264.00 58016 12/22/2011 CHRIS VAN DERHOOK 153.88 58061 12/22/2011 Citizen's Business Bank 4,560-00 58062 1212212011 City Of Anaheim 1,508-77 58063 1212212011 Complete Paperless Solutions 4,780-00 57987 12/22/2011 COSTANDI AWAIDALLA 264.00 57995 12/22/2011 DANIEL & CYNTHIA DUFFY 264-00 57961 12/22/2011 DANIEL MURPHY 85-20 58046 12/22/2011 DARCI YADEN 6.59 58019 12/22/2011 DARREN TRONE 264.00 58065 12/22/2011 Datalok Orange County 288.65 57978 12/22/2011 DAVID DEESE 25839 58071 12/22/2011 Dean Criske Trucking 1.884.16 58027 12/22/2011 DEBBIE CASTRO 192.21 58066 1.2/2212011 Dell Marketing L.P. 5,654.12 58068 12/22/2011 Delta Wye Electric, Inc. 7.974.81 58067 12/22/2011 DeltaCare USA 343.76 58069 12/22/2011 Derek Nguyen 71.40 57996 12/2212011 DICK CHIANG 264.00 58070 1212212011 Digi-Key Corporation 307.60 58040 12/22/2011 EDWARD L©RITZ 264.00 58010 12/22/2011 EDWARD NEVIN 264.00 58029 12/22/2011 EMAD AZiZ 234.89 57960 12/22/2011 ERIC/BARBARA NELSON 85.20 57956 12/22/2011 ERNEST ONG 85.20 58076 12/22/2011 EyeMed 1,379.72 58072 12/22/2011 Facility Solutions Group Inc 2,348.06 58073 12/22/2011 Fairway Ford Sales, Inc. 279-29 58074 12/22/2011 Fastenal Company 12.7.71 58075 12/22/2011 Federal Express 178.46 58+077 12/22/2011 Flex Advantage 117.00 58078 12/22/2011 Foundation For Cross-Connectic 965.00 58007 12/22/2011 FRED ERDT51ECK 264.00 57967 12/22/2011 FU-TE LIAO 85.20 5795S 12/22/2011 GLEN FR'EYERMUTH 85.20 58015 12/22/2011 GLORIA HAACK 264.00 58009 12/22/2011 GONZALO GONZALEZ 264.00 58079 12/22/2011 Grainger 56.92 58080 12/22/2011 Haaker Equipment Co. 517-20 58081 12/22/2011 Hall & Foreman, Inc 12,452.50 Pressure ReduceStn Nov Svcs. 57954 12/22/2011 HIAM BILTAGI 85.20 58082 1212212011 Home Depot Credit Services 53.51 58048 1212212011 NOON G HONG 6.33 57982 12/22/2011 ILIA SARAD 247.36 58084 12/22/2011 J. Todd Howard 78.90 58033 12/22/2011 JACK SANTOS 264.00 58°383 12/22/2011 Jackson's Auto Supply - Napa 81.53 57980 12/22/2011 JAMES MCCARE 148.27 57974 12/22/2011 JASON LOKKEN 31.82 58.034 1212212011 JAY KLOHE 264.00 57992 1212212011 JEFFREY P UTER 115.18 58035 12/22/2011 JITENDRA V MISTRY 69,25 57985 12/22/2011 JOCEYLN BANK-JEFFERSON 137.24 58006 12/2.2/2011 JOHN GERLACH 264.00 58001 1212212011 JOHN REID 219.88 58320 12/22/2011 JONATHAN WiJONO 264.00 57965 12/22/2011 JOSE ALVAREZ 8520 58003 12/22/2011 JOSE AVALOS 264.00 57952 1212212011 JULIO CACERES 85.20 57983 12/22/2011 KALPESH BODAR 164.55 58085 12/22/2011 Kana Pipeline, Inc 85,125-60 Pipeline Rep[ Nov svcs 58086 12/22/2011 KB Design 336-72 58031 1212212011 KENDALL WAGNER 192-21 57966 1212212011 KENNETH LAROCHE 85.20 58038 12/22/2011 KENNITH PETERSON 254.00 58092 12/22/2011 Kidman, Behrens, & Ta6ue, LLP 61,16515 Legal services November 58041 12/22/2011 KIM 5 PUGMIRE 264.00 58087 12/22/2011 Konica Minolta Business 1,633.76 58088 12/22/2011 Konica Minolta Business 84925 58045 12/22/2011 KRISTINE JANISH 26-94 57970 12/22/2011 LARRY S NOELL 8520 57997 12/22/2011 LAWRENCE WARD 264.00 57950 12/22/2011 LEE DAVIS 47.74 58089 12/22/2011 Light Bulbs Etc 72.45 57977 12/22/2011 LISA CARROLL 60-21 57990 12/22/2011 LISA DAMIANi 264.00 58000 12/22/2011 LULU BISHARA 264,00 58039 12/22/2011 MANU PATOLIA 264.00 58091 12/22,/2011 Marina Landscape, Inc 1,581.47 58042 12122/2011 MARK HOLBROOK 264.00 58017 12122/2011 MARNIE LYNCH 264.00 57973 12122/2011 MARVIN M OLIVER 82-20 57975 12/22/2011 MARY KINNEY 8520 58090 12/22/2011 Mary Staula 248.00 57947 12/22/2011 MAUREEN DORIA 85.20 58093 12/22/2011 Mc Fadden-Dale Hardware 151-75 57994 12/22/2011 MELANIE BARBEE 264.40 58094 12/22/2011 Merchants Building Maintenance LL[ 5,993.13 57948 12/22/2011 MICHAEL STIRNER 85.20 57985 12/2212011 MICHELLE CESCA 164-55 57999 12/22/2011 MICHELLE CHEEK 264.00 57946 12/09/2011 Monique Rodriguez 350.00 58044 12/22/2011 MORTEN RIEGG 32.55 58095 12/22/2011 MSKW Company 254.57 W121411 12/14/2011 Municipal Water District 874,519.74 Water purchase October 58096 1212212011 MWH Laboratories 2,400.00 58337 12/22/2011 MYRNA BOTE 264.00 58018 1212212011 NEIL FINEMAN 225.12 58097 12/22/2011 Nextel Of California 2,043.37 58398 12/22/2011 Nickey Petroleum Co 5,270-16 58099 1212212011 Norman A. Traub Associates 390.001 58100 1212212011 NPELRA 525.00 58101 1212212011 Office Solutions 1,135-91 58102 12/22/2011 One Source Distributors, LLC 316-64 58104 1212212011 Orange County - I W M D 759.12 58103 12/22/2011 Orange County Hose Co. 815,04 58105 12/22/2011 Orange County Sanitation District 223.55 52106 12/22/2011 Orange County Water District 7,017.75 58112 12/22/2011 P.T.I. Sand & Gravel, Inc. 618.08 58107 12/22/2011 Parts Source Anaheim 191.63 58108 12/22/2011 Pascal & Ludwig Constructors, Inc 41.040-00 Well 20 progress pay October 57984 12/22/2011 PAUL MINARDI 264.00 58012 12/22/2011 PETER SCHIRO 264.00 58109 12/22/2011 Plumbers Depot Inc. 2.867-16 58110 12/22/2011 Praxair Distribution 257-35 58111 12/22/2011 Prudential Group Insurance 1019-45 58113 12/22/2011 Quantum Automation 128.80 58114 12/22/2.011 Quinn Power Systems Associates 1,451.41 57971 12/22/2011 R KENTON MUNSIL 85.20 57949 12/22/2011 REX M WEISSENBACH 85-20 57951 12/22/2011 RICK JACOB 85-20 58115 12/22/2011 Robert Kiley 104.96 57993 12/22/2011 ROD FARLEY 115-18 57969 12/22/2011 ROLLAND TECH 85-20 57991 12/22/2011 RON DOYLE 236-33 58023 12/22/2011 RON SMITH 264-00 58116 12/22/2011 Safelite Autoglass 207-34 58013 12/22/2011 SANDY GARCIA 264.00 58117 12/22/2011 Severn Trent Services 621.47 58002 12/22/2011 SHELLY LONG 264.00 58118 12/22/2011 Smog Tech 675-00 58119 12/22/2011 Solarwinds Inc. 7917.00 58120 12/22/2011 Southern Calif Edison Co. 2,054-32 W121911 12/19/2011 Southern Calif Edison Co- 32,267.$5 All sites November 58126 1212212011 St.lude Hospital Yorba Linda 140.00 58121 12/22/2011 Staples. Business Advantage 28.60 58122 12/22/2011 State Of CA - Consumer Affair 120-00 58123 1212212011 Stater Bros- Markets 4796 57962 12/22/2011 STELLA KAYE 85.20 58043 12/22/2011 STEPHANIE HOOGEVEEN 43.39 58124 1212212011 Steve Conklin 85.00 58026 1212212011 STEVE OZKAN 264.00 58125 12/22/2011 Steven Engineering 519.31 58028 12/22/2011 SUNIL PATEL 284.00 57972 12/22/2011 SUSAN CABALLERO 85-24 58021 12/22/2011 SUSAN COX 264.OO 57964 12/22/2011 SYLVIA QUINONES 44.53 57959 12/22/2011 TAMI NGUYEN 31.82 58004 12/22/2011 TED KONINIEC 259-84 58127 12/22/2011 T erminix Processing Center 185-00 58008 12/22/2011 TERRY CHIN 264-00 58128 12/22/2011 Townsend Public Affairs, Inc. 3,000.00 58032 1.2/22/2011 TRACI CANESTRALE 264.00 57963 12/22/2011 TRACY NUGENT 85.20 58129 12/22/2011 Traffic Control Service, Inc 361.78 57968 12/22/2011 TRAN THO GUY 85.20 58130 12/22/2011 Transcat 341.39 58131 1212212011 Verizon Wireless 591.68 58025 12/22/2011 VICKI COLLIER 264.00 58132 12/22/2011 Water Environment Federation 440-00 58133 12/22/2011 Wells Supply Co 15,373.68 Warehouse stock 57957 12/22/2011 WESLEYTAMASHIRO 85.20 58134 12/22/2011 West Coast Safety Supply Co 112.98 57958 12/22/2011 WILLIAM BENT 85.20 58047 12/22/2011 WON YOUNG JANG 80.28 58036 12/22/2011 WOO YOUNG JANG 18.81 58030 12/22/2011 XIN WE] LIN 264.00 58135 1212212011 Yorba Linda Hardware 151.42 Total $1,232,738.31 December 22, 2011 CHECK NUMBERS: Manual Check 57946 $ 350.00 Computer Checks 57947-58135 $ 325,600.72 $ 325, 950.72 WIRES: W-121411 MWDOC $ 874,519.74 W-121911 So. California Edison $ 32,267.85 $ 906, 787.59 TOTAL OF CHECKS AND WIRES $ 1,232,738.31 PAYROLL NO. 25: Computer Checks 5129-5134 Manual Checks 5135-5143 $ 244,245.97 DISBURSEMENT TOTAL: $ 1,476,984.28 APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF DECEMBER 22, 2011 ITEM NO. 7.4 AGENDA REPORT Meeting Date: December 22, 2011 Budgeted: Yes Total Budget: $1,500,000 To: Board of Directors Cost Estimate: $1,134,109 Funding Source: Multiple Funds From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: 200711 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: No Prepared By: Anthony Manzano, Senior CEQA Compliance: Exempt Project Manager Subject: Progress Payment No. 1 for Construction of the Well No. 20 Well Head Equipping Project SUMMARY: Work is proceeding on construction of the Well No. 20 Well Head Equipping Project. It includes installation of a new well head, pump and electric motor, electrical controls and equipment, a concrete well pad, various yard piping and new paving at the well site. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 1 in the net amount of $41,040.00 to Pascal & Ludwig Constructors for construction of the Well No. 20 Well Head Equipping Project, Job No. 200711. DISCUSSION: In accordance with the contract documents, Pascal & Ludwig Constructors submitted a request for Progress Payment No. 1, in the amount of $45,600.00 for completed work through October 31, 2011. During this period, the contractor mobilized on site, removed the old equipment from the existing well controls building, began excavation to subgrade for the well pad and removed the existing sodium hypochlorite chemical system. They also began work on the outfall drain. The status of the construction contract with Pascal & Ludwig Constructors is as follows: . The current contract is $1,134,109.00 and 120 calendar days starting September 29, 2011. . If approved, Progress Payment No. 1 is $45,600.00 (4.0% of the total contract amount), less 10% retention of $4,560.00 for a net payment of $41,040.00. . If approved, total payments to date including retention will be $45,600.00 (4.0% of the total contract amount). . As of October 31, 2011, 33 calendar days were used (27.5% of the contract time). Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 1 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): A construction contract in the amount of $1,134,109.00 was awarded to the low bidder, Pascal & Ludwig Constructors on August 11, 2011. ATTACHMENTS: P L Well 20 Protect Progress Pay Request 1.docx.pdf Progress Payment No. 1 for Pascal & Ludwig Well 20 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 RC/RK 5-0 YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Well 20 Project PROGRESS PAY REQUEST NO. 001 LOCATION Yorba Linda, CA PROJECT NO. 200711 PAGE 1 OF 1 PAGES CONTRACTOR Pascal i LudawN Condimictors DATE 11/20/11 ORIGINAL CONTRACT AMOUNT: _ $ 1.134.108.00 AUTHORIZED CHANGE ORDERS: $ - REVISED CONTRACT AMOUNT: $ 1,134,100.00 PROGRESS PAY ESTIMATE FOR PERIOD September 2$. 2011 TO Oabober 31 2011 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ - $ 45 600.00 $ 45,600-00 CHANGE ORDER WORK COMPLETED $ - $ - $ TOTAL VALUE OF WORK COMPLETED? $ - $ 46,600.00 $ 45 600.00 LESS RETENTION 1096 $ - $ 41 040.00 3 41 040.00 LESS OTHER DEDUCTIONS Electronic Wlre Fees NEC EARNED TO DATE $ 41040.00 LESS AMOUNT PREVIOUSLY PAID S - BALANCE DUE THIS ESTIMATE Is 41 040.00 NOTICE TO PROCEED 8epbomber 28.2011 COMPLETION TIME 120 CALENDAR DAYS APPROVED TIME EXTENSIONS 0 CALENDAR DAYS TOTAL CONTRACT TIME 120 CALENDAR DAYS TIME EXPENDED TO DATE 33 CALENDAR DAYS TIME REMAINING 87 CALENDAR DAYS REQUESTED Sr DATE: II` / Prol nager. Peeoat B LudkFAq RECOMMENDED. 471 C DATE: f1 r f Pdlrnlno, Project Engineer, YLWD APPROVED BY: DATE: Steve CaWln, Engineering Manager, YLWD ITEM NO. 7.5 AGENDA REPORT Meeting Date: December 22, 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. 3 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. 3, in the net amount of $85,125.60, 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. 3, in the amount of $94,584.00 for completed work through October 31, 2011. During this period, the contractor completed the installation of the 12-inch mainline in Plumosa Drive. Kana also completed installation of fire hydrants, laterals and services. Kana then proceeded with surface restorations as necessary such as curb, gutter and paving, but has not yet completed these tasks. 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. 3 is $94,584.00 (16.7% of the total contract amount), less 10% retention of $9,458.40 for a net payment of $85,125.60. . Total payments to date including retention are $539,590.00 (95.0% of the total contract amount). . As of October 31, 2011, 126 calendar days were used (120.0% of the contract time -currently there is a change order in progress that will add additional days, if approved). Staff reviewed the contractor's progress payment and recommends approval. A copy of Progress Payment No. 3 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 two progress payments to date for this project, the last which was approved October 13, 2011. ATTACHMENTS: Name: Description: V ype: Plumosa Pipeline Project PPR 3 Kana Pipeline.pdf Progress Payment No. 3 for Kana Pipeline Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 RC/RK 5-0 S SA Lid JOA WATER DISTRICT PROGRESS PAY REPORT, PROJECT Plumosa Pipeline Project PROGRESS PAY REQUEST O. 003 LOCATION Yoriaa Linda, CA PROJECT NO. 201012 PACE 1 OF 1 PAGES CONTRACTOR Kana Pi ellne, Inc. DATE 12/5111 ORIGINAL CONTRACT AMOUNT- $ 568,000.00 I AUT. HORIZED CHANGE ORDERS. $ - j 7EVISE0 CONTRACT AMOUNT- $ 568,000.00 PROGRESS PAY ESTIMATE FOR PERIOD October 1, 2011 TO October 31, 2011 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 445,066.00 $ 94.584, 30 $ 539,590.0} 'CHANGE ORDER WORK COMPLETED $ - $ - $ - TOTAL VALUE OF WORK COMPLETED $ 445,006.00 $ 94,5N.00 $ 539,590.(10 LESS RETENTION 10% w 400,505.40 $ 85,125.60 $ 485,631.00 LESS OTHER DEDUCTIONS Electttsnic Wme Fees NET EARNER TO DATE $ 485,631.00 LESS AMOUNT PREVIOUSLY PAID $ 400,505,40 BALANCE DUE THIS ESTIMATE $ 85,125.60 NOTICE TO PROCEED June 28, 2011 COMPLETION -171ME 105 CALENDAR DAYS APPROVED TIME EXTENWONS 0 CALENDAR DAYS TOTAL CONTRACT TIME 105 CALENDAR DAYS TIME EXPENDED TO DATE 126 CALENDAR DAYS TIME REMAINING -21 CALENDAR DAYS (Change order in progress adds 41 days) i REQUESTED BY. DATE: Riman Rena, Prq ct Manager, Kana Pipeline 21- REtMONIMENDED: - - DATE: 4 4 J Pot€mft, Project 2 ner r, YLWD APPROVED FY-, LDAT-: Steve Conklin, Prig ^ee€ing Manager, YL!U D ITEM NO. 7.6 AGENDA REPORT Meeting Date: December 22, 2011 Budgeted: Yes Total Budget: $873,300 To: Board of Directors Cost Estimate: $100,120 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: Change Order No. 1 for the 2010 Waterline Replacement Project Phase 1 - Plumosa Drive SUMMARY: The 2010 Waterline Replacement Project Phase 1 - Plumosa Drive Project is nearly complete. It includes construction of approximately 2,900 feet of 12-inch waterline, valves, hydrants and appurtenances in Plumosa Drive, between Lemon Drive and Bastanchury Road and was awarded to Kana Pipeline Inc. for $568,000. Kana Pipeline Inc. has put in a request for Change Order 1, for $100,112.50 and 41 calendar days as described below. STAFF RECOMMENDATION: That the Board of Directors approve Change Order No. 1 in the amount of $100,112.50 and 41 additional calendar days to Kana Pipeline, Inc. for construction of the 2010 Waterline Replacement Project Phase 1 - Plumosa Drive, Job No. 201012. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item on December 13, 2011 and supports staff recommendation. DISCUSSION: In accordance with the contract documents, Kana Pipeline, Inc. (Kana) submitted a request for Change Order No. 1, for an increase in the contract amount of $113,000.00. Following negotiations with District staff, Kana agreed to a change order request of $100,112.50 and a time extension of 41 calendar days as detailed on the attachment. The requested extra work items include the following substantial change requests: . Kana is claiming an additional $5,415.00 for additional time and labor to break apart, excavate and remove approximately 2-4 feet (thickness) of unforeseen slurry and concrete (1 location at 8-inch thickness, 2 locations at 6-inch thickness and 1 location at 2-inch thickness) found under the asphalt pavement at pipeline station 38+89 to 39+07. . Kana is claiming an additional $12,541.00 for a conflict with an existing YLWD waterline, which required a change in the alignment of the new pipeline in order to maintain service to residents that were still connected to the old waterline. This change added extra pipe and fittings to be installed, causing an increase in time, labor and materials over the original contract amount. . Kana is claiming an additional $12,116.00 for encountering an abandoned and unknown water valve which was encased in concrete and under the sidewalk. This valve was in direct conflict with the new pipeline and had to be removed, mostly by jackhammers and hand digging, which was very time consuming on the production for the crew. . Kana is claiming an additional $6,674.00 for the removal of a large thrust block and waste concrete in conflict with a new tie-in that was encountered under the sidewalk, curb and gutter, not shown on the plan. This cost also includes replacement of the curb, gutter and sidewalk required after the removal of this item. . This item, which totals $30,979.00 consists of multiple debits and credits. The debits relate to contract quantities greater than that shown on the plan and/or a line item which differed from the actual field measurement or quantity. Some of the debits include additional slurry seal, requested by the City of Yorba Linda, in the amount of $13,375.00; related additional traffic control, in the amount of $1,500.00; related additional striping, in the amount of $3,150.00; Bond fees in the amount of $608.00. Other debits included additional pipeline installed on the project which added 33 lineal feet at the cost of $3,234.00; one additional lateral for a fire hydrant in the amount of $3,900.00; and paving grind and cap which added 5,320 square feet in the amount of $8,512.00. Credits to the District include overage payment for the city permit included as a bid item in the amount of $1,500.00; and lease of the District owned yard on Plumosa Drive (the YLWD prior administration building) for storage of equipment and materials to Kana Pipeline for 3 months resulting in a payment to the District of $1,800.00. 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, Change Order No. 1 adds $100,112.50 (17.6% of the original contract) and 41 calendar days. . If approved, Change Order No. 1 increases the total contract amount to $668,112.50 and 146 calendar days. The Engineering Manager and Staff have reviewed the contractor's request for Change Order No. 1 and recommend approval. A copy of Change Order No. 1 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 two progress payments to date for this project, the last which was approved October 13, 2011. ATTACHMENTS: Narne: Description: u ype. Change Order 1 Kana Pipeline for Plumosa Prolect.pdf Kana Pipeline Chnage Order 1 for Plumosa Project Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 RC/RK 5-0 YORBA LINDA WATER DISTRICT CHANGE ORDER NO. 1 DATE 1211/11 Page 1 of 1 2010 Waterline Replacement Project CONTRACT NAME: Plumosa Drive CONTRACT AMT.: $568,000.00 DAYS: 105 CONTRACTOR: _Kana Pipeline. Inc. _ THIS CHANGE: $100,112.50 DAYS: 41 PROJECT NO. J-201012 (17.6%) OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $668,112.50 DAYS: 146 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner, DESCRIPTION OF CHANGES +INCREASE CONTRACT TIME OR +EXTENSION - DECREASE IN OR- CONTRACT REDUCTION AMOUNT Work Days) del I Trench to remove unforeseen concrete, approx 12" thick from STA 31+50 to 32+50 $1,306.00 1 Encountered unmarked Gas line around Station #28+00, noon plan or street $0.00 1 Add add'I DI fitting 22bend @ Sta#28+82.Slurry backfilliSpec 11 from STA 28+78 to 29+60 82' $1,521.00 1 Digging thru unforeseen Slurry (2-4' thick) & concrete & 1 ea 8", tea 6" lea 2" from STA 38+89 to 39+07 $5,415.00---- 1 2 Move waterline 4'W due to the new and existing line conflict $12,541.010 2 Added cost due to 9'de th vs.7' depth in plan. Expose, cut & cap exist. Line 9' dee $2,077.50 2 Add 8''x6" reducer at Sta 13+01, existing line was 6" and not 8" as shown $1,787.00 1 Invert underneath 18" line. Work 5.5' underneath 18' waterline, could not cut pipe out as shown _ $2,640.00 1 Exposed unknown & unmarked 20" steel line at Sta 17+84. Remove 20" cast iron pipe $3,192.00 2. Invert under exist 18" water main at Sta 22+24, an unknown 20" CIP has to be removed $3,314-00 1 Removed 4'x4'x18" slurry to finish connection at Sastanchury $1,905.00 1 Added cost due to difference in elev at Sta 19+53 by 5'. Installed 2-45deg bends & 6" valve $3,175.00 2 Encountered/removed abandoned 12" valve at Sta 19+53_ Exposed tie-in, hand_di . $12,116.00 - 2 Remove/re lace 34' of 8" curb A _gutter. Dig wet dirt, backfilllcompact & pour concrete $6,674.00 2 Remove/replace 14' of 6"x8" of cross gutter. Old valve box at Avolinda $3,002.00 2 Remove 16x14 section of crass gutter & 14" of curb. Working at Mandarin $4,112.00 2 Add'l 12" C-9010-33LF, Grind & Cap 5,320 SF, 1" svc @ STA 32+70, 53,500 SF Slurry $30,979.00 15 Repair existing backflow device T $3,122.00 1 Double yellow striping per City of YL. Bond Fees and overhead $1,134.00 1 NET CHANGE $100,112.50 41 REVISED CONTRACT AMOUNT AND TIME $668,112.50 146 The amount of the contract will be increased <deGreased> by the sum of $100,112.50 and the contract time shall be increased 4dec4eased> by 41 calendar days- The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner- This Change Order constitutes full, final, and complete compensation to the Contractor for all costs, expenses, overhead, profit, and any damages of every kind that the Contractor may incur in connection with the above referenced changes in the work, including any impact on the referenced work of any other work under the contract, any changes in the sequences of any work, any delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract- By the execution of the Change Order, the Contractor accepts the contract price change and the contract completion date change, if any, and expressly waives any claims for any additional compensation, damages or time extensions, in connection with the above-referenced changes. RECOMMENDED: fENGINEER OR DATE: f d f CONSULTANT- g Joe P*irn no, Project Engineer, YLWD BATE: ACCEPTED: 11 IT4 /CONTRACTOR ry _ Daniel Locke, President Kana Pipeline, Inc. APPROVED: [SATE: /OWNER Kenneth R. Vecchiarelli General Manager, YLWD ITEM NO. 7.7 AGENDA REPORT Meeting Date: December 22, 2011 Budgeted: Yes Total Budget: $175,000 To: Board of Directors Cost Estimate: $91,000 Funding Source: Sewer Capital Reserves From: Ken Vecchiarelli, General Account No: 201-2700 Manager Job No: 2011-16S Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: Pending Prepared By: Hank Samaripa, Project CEQA Compliance: Exempt Engineer Subject: Construction Contract for Green Crest Lift Station Repairs SUMMARY: On July 1, 2011, the Yorba Linda Water District acquired the City of Yorba Linda's wastewater collections system by mutual agreement executed between the agencies. As a condition of the Sewer Transfer Agreement, the City transferred $267,000, the balance of their sewer funds to the District, a portion of which was designated in the agreement for repairs and refurbishment of the Green Crest Lift Station (GCLS). On November 30, 2011, District staff received bids from four pre- qualified contractors for construction of the third and last element of near-term repairs for GCLS. Following review of the bids, staff recommends award to the low bidder, Pascal & Ludwig Constructors, Inc. in the amount of $90,580. The Engineer's estimate is $110,000. STAFF RECOMMENDATION: That the Board of Directors authorize the President and Secretary to execute a maintenance services agreement with Pascal & Ludwig Constructors, Inc. for repairs to the Green Crest Lift Station in the amount of $90,580, subject to the approval as to form by General Counsel. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting held December 13, 2011 and supports staff's recommendation. DISCUSSION: Immediately after the District acquired the sewer system from the City, District staff retained Malcolm Pirnie Consultants to assess the condition of the existing sewer lift station and prepare a report recommending repairs and refurbishment. The report identified near-term items which should be addressed within two years and longer-term repairs addressed within a five-year period. The first two near-term upgrades have been completed, including: 1) the installation of a communications cable to connect the GCLS to the District's SCADA system ($26,000), and 2) the installation of an electrical plug at the control panel ($5,330), to allow connection of a portable power generator in case of a power outage. The third and last near-term work necessary is: 1) replacement of the broken access hatch to the valve vault, 2) seal all electrical fitting connections in the wet well, 3) clean and recoat all metallic surfaces in the wet well, and 4) replace five defective valves in the valve vault. Engineering staff prepared a scope of work for these repairs. A bid package was prepared and sent to four contractors experienced with this type of work. Bids as identified below were received on November 30, 2011, reviewed by staff and found to be responsive and fully in order. Accordingly, staff recommends award to low bidder Pascal & Ludwig Constructors, Inc. No. Company Bid 1 Pascal & Ludwig Constructors, Inc. $90,580.00 2 GCI Construction, Inc. $114,500.00 3 Valverde Construction, Inc. $116,000.00 4 Paulus Engineering, Inc. $138,353.09 STRATEGIC PLAN: SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with adopted amendments PRIOR RELEVANT BOARD ACTION(S): The Board of Directors authorized the Sewer Transfer Agreement from the City for the transfer of all the City remaining wastewater pipelines and one lift station. As part of the agreement, the City transferred their sewer fund balance of $267,000, which in part was to be utilized for refurbishments to this infrastructure. Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 RC/RK 5-0 ITEM NO. 7.8 AGENDA REPORT Meeting Date: December 22, 2011 Budgeted: Yes Total Budget: $420,000 To: Board of Directors Cost Estimate: $362,000 Funding Source: Sewer Capital Reserves From: Ken Vecchiarelli, General Manager Presented By: Staff Dept: Operations Reviewed by Legal: Yes Prepared By: Harold Hulbert, Operations CEQA Compliance: N/A Assistant Subject: Purchase of a Sewer Jetter/Vacuum Truck SUMMARY: Under the District's purchasing policy, staff is required to competitively bid vehicle purchases in excess of $100,001. This policy also requires Board of Directors Authorization prior to General Manager approving the procurement of such vehicles. Staff is recommending the acquisition of a new Sewer Jetter/Vacuum truck in accordance with this policy and the approved capital outlay for Fiscal Year 2011-12. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to issue a purchase order to Haaker Equipment Company, in the amount of $361,884.84, for acquisition of a Sewer Jetter/Vacuum Truck. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting held December 13, 2011 and supports staff's recommendation. DISCUSSION: In the approved Fiscal Year 2011/12 Budget, funds are allocated for the purchase of a Sewer Jetter/Vacuum Truck to replace Unit 136 a 1999 Sewer Jetter/Vacuum Truck. Unit 136 has been in service for approximately 12 years. Air Resources Board (ARB) regulations will require the District to make retrofits to this vehicle order to keep it in service. In addition to the retrofit requirements, this vehicle has become increasingly less reliable because of the high number of service hours. Staff developed a set of specifications and a Request for Proposals (RFP) was sent out to the local papers and to three (3) companies that had requested to be part of the process. The district received a total of three (3) proposals, one of which arrived a day after the deadline: Haaker Equipment Company, La Verne, CA $361,884.84 Owen Equipment Sacramento, CA (Arrived Late) $375,497.97 Inland Kenworth, Montebello, CA $384,402.43 Staff reviewed each of the proposals to ensure all specification were met. Staff recommends authorizing a purchase order from Haaker Equipment Company in the amount of $361.884.84, for a Sewer Jetter/Vacuum Truck. Haaker Equipment Company has the equipment and resources to meet the districts need for this vehicle and supported equipment. PRIOR RELEVANT BOARD ACTION(S): The Board approved the 2011-2012 budget which included $420,000.00 in the Vehicle & Capital Outlay section for a Sewer Jetter/Vacuum Truck. Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 RC/RK 5-0 ITEM NO. 7.9 AGENDA REPORT Meeting Date: December 22, 2011 Budgeted: Yes Total Budget: $35,000 To: Board of Directors Cost Estimate: $125,000 Funding Source: Sewer Operating Fund From: Ken Vecchiarelli, General Account No: 2-5030-0730-59 Manager Presented By: Staff Dept: Operations Reviewed by Legal: N/A Prepared By: Ken Mendum, Water CEQA Compliance: N/A Maintenance Superintendent Subject: Sewer Line Repairs SUMMARY: The District annually cleans and maintains the public sewer system. Staff also video inspects the sewer mains using closed circuit television cameras. These inspections sometimes discover cracked mains, settlements and broken sections of pipe that can often be repaired through trenchless repair methods, which are considerably less expensive than the excavation, expose and repair approach. Staff has found more sewer pipeline sections that need repair in the current fiscal year than the budget estimated for this work. As such, staff recommends transferring additional funds from sewer reserves to complete these repairs. STAFF RECOMMENDATION: That the Board of Directors authorize transfers not to exceed $90,000, from Sewer Capital Reserves to Sewer Operating Account No. 5030-0730-59, as needed, to fund additional sewer main line and manhole repairs in the current fiscal year. COMMITTEE RECOMMENDATION: The PEO Committee discussed this item at its meeting held December 13, 2011 and supports staff's recommendation. DISCUSSION: Main line sewer repairs are categorized as: a) Needing immediate repair. b) Needing repair soon, but not immediately. c) Needing repair, but damage is minor and can be monitored. At present we have four category "b" jobs in progress for a total cost of $13,100, which will take Sewer Line Repairs (5030-0730-59) over budget by $8,300. This will leave 8 known category "b" repairs still left to complete, in addition to however many are found during the rest of the fiscal year. Staff estimates 20 possible repairs total through to the fiscal year end. At an average cost of $3,300, it will take $66,000 to complete these repairs, putting the account over budget by an estimated $74,300. Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 RC/RK 5-0 ITEM NO. 8.1 AGENDA REPORT Meeting Date: December 22, 2011 Budgeted: No Total Budget: N/A 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: Yes Prepared By: Amelia Cloonan, Personnel CEQA Compliance: N/A Technician Subject: Resolution of Intention to Amend Contract with CalPERS to provide Section 20475 (Different Levels of Benefits) SUMMARY: During Meet and Confer, the District proposed implementing a Second tier (Section 20475 - Different Level of Benefits) under Section 21353 (2%@ 60 Full formula) for new hires. New employees will pick up their 7% employee contribution to CalPERS. This contribution is now paid by the District for current employees. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 11-23, Resolution of Intention to Amend Contract with CalPERS, to provide Section 20475 (Different Levels of Benefits) implementing a Second tier level under Section 21353 (2% @ 60 Full formula), applicable to new hires after the contract amendment is executed. COMMITTEE RECOMMENDATION: The Personnel-Risk Management Committee reviewed the proposal at their meeting held December 13, 2011. DISCUSSION: The Board of Directors of the District is asked to give notice of intention to approve an amendment to the contract between the District and the Board of Administration of the Public Employees' Retirement System. The District must certify compliance with Government Code Section 7507, which requires that the future annual costs of the proposed contract be made public at a public meeting at least two weeks prior to the adoption of the final resolution. The District must disclose the rates identified in the amendment actuarial valuation for the adoption of this plan amendment. The employer contribution rate for the Second tier level of CalPERS benefits will be 8.197% of reportable earnings for local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of the amendment to the CalPERS contract. Additionally, new employees hired after approval of the amendment will pick up their 7% employee contribution to CaIPERS. This change is included in the adopted Memorandum of Understanding and approved Letters of Compensation and becomes effective with execution of the amended CalPERS contract. Pursuant to Government Code Section 20471, the District must allow a 20-day period between the adoption of the Resolution of Intention and the adoption of the final Resolution Amending the CalPERS contract. ATTACHMENTS: Name: Description: I-p pe: Resolution No. 11-23.pdf Resolution No. 11-23 Resolution Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 RK/RC 5-0 Roll Call RESOLUTION NO. 11-23 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE BOARD OF DIRECTORS YORBA LINDA WATER DISTRICT WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20475 (Different Level of Benefits). Section 21353 (2% @ 60 Full formula) is applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. By: Presiding Officer Title Date adopted and approved (Amendment) COW-302 (Rev. 4196) A4 CaIPERS EXHIBIT California Public Employees' Retirement System v AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the Board of Directors Yorba Linda Water District The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective December 21, 1975, and witnessed November 26, 1975, and as amended effective July 1, 1979, September 26, 1999, November 14, 2003 and June 24, 2007 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective June 24, 2467, and hereby replaced by the following paragraphs numbered 1 through 15 inclusive- 1 . All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members entering membership in the miscellaneous classification on or prior to the effective date of this amendment to contract and age 60 for local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. 2. Public Agency shall participate in the Public Employees' Retirement System from and after December 21, 1975 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CalPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SAFETY MEMBERS EFFECTIVE DECEMBER 21, 1975. 6. Assets heretofore accumulated with respect to members in the local retirement system have been transferred to the Public Employees' Retirement System and applied against the liability for prior service incurred thereunder. That portion of the assets so transferred which represent the accumulated contributions (plus interest thereof) required of the employees under said local system has been credited to the individual membership account of each such employee under the Public Employees' Retirement System. 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member entering membership in the miscellaneous classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to September 30, 1977, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 8. The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full). 9. No credit shall be granted for service prior to January 1, 1960 (date district was organized). 14. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21536 (Local System Service Credit Included in Basic Death Benefit). b. Section 20965 (Credit for Unused Sick Leave). C. Section 21574 (Fourth Level of 1959 Survivor Benefits). d. Section 20042 (One-Year Final Compensation). e. Section 26475 (Different Level of Benefits). Section 21853 (2% 60 Full formula) is applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. 11. Public Agency, in accordance with Government Code Section 24790, ceased to be an "employer" for purposes of Section 20834 effective on December 21, 1975. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 12. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 13. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 14. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law_ 15. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of - , BOARD OF ADMINISTRATION BOARD, OF DIRECTORS PUBLIC EMPLOYEES' RETIREMENT SYSTEM YD BA LINDA WATER DISTRICT BY - BY DARRYL WATSON, CHIEF PRESIDING OFFICER CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest:. Clark AMENDMENT ER# 1082 PERS-CON-702A ITEM NO. 8.2 AGENDA REPORT Meeting Date: December 22, 2011 To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Stephen Parker, Finance Dept: Finance Manager Reviewed by Legal: Yes Prepared By: Stephen Parker, Finance Manager Subject: Adopting a Public Investment Policy SUMMARY: Staff is presenting an update of the District's public investment policy for review and adoption. Staff has made minor changes from the current investment policy to comply with our Auditor's comments to insure consistency between the adopted policy and our. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 11-24, Setting Forth Public Funds Investment Policy and rescinding Resolution No. 11-08. COMMITTEE RECOMMENDATION: The Finance-Accounting Committee discussed this matter at its meeting held November 28, 2011 and supports staff's recommendation. DISCUSSION: The California Government Code states "the treasurer or chief fiscal officer of a local agency may annually render to the legislative body of that local agency and any oversight committee of that local agency, a statement of investment policy, which should be considered at a public meeting." As such, the attached resolution is being presented before the entire Board. This year changes were made to remove the dollar limit for investments in LAIF, CaITRUST and the Orange County Treasurer's Commingled Investment Pool, to allow investments in Negotiable Certificates of Deposit, which the District previously invested in, but was not specifically named as an authorized investment in the policy, along with some minor language clean-up identified by legal counsel in their review. STRATEGIC PLAN: FR 3-C: Manage Cash Flow to Maximize Investment Income A prudent, fiscally responsible investment policy allows the District to maximize investment income while maintaining low risk and high liquidity, in order to fund approved capital improvements, capital replacements, funds needed due to emergency events and unplanned critical operating expenses. PRIOR RELEVANT BOARD ACTION(S): The District's current investment policy was adopted by Resolution No. 11-08 on May 12, 2011. ATTACHMENTS: Name: Description: Type: Resolution No. 11-24.docx Investment Policy Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 MB/GM 5-0 Roll Call RESOLUTION NO. 11-24 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT SETTING FORTH PUBLIC FUNDS INVESTMENT POLICY AND RESCINDING RESOLUTION NO. 11-08 WHEREAS, California Government Code (CGC) Section 53600 sets forth guidelines for the investment of public funds and WHEREAS, the current Yorba Linda Water District (Yorba Linda Water District or District) Investment Policy was adopted by Resolution No. 11-08 on May 12,2011-and WHEREAS, the District is in possession of public funds that are not required for immediate expenditure, and are available for investment; and WHEREAS, a policy setting forth guidelines for the investment of said funds is necessary for compliance with the principles of sound financial management; and WHEREAS, the Board of Directors of the Yorba Linda Water District desire to adopt the Investment Policy set forth herein. NOW, THEREFORE, BE IT RESOLVED by Board of Directors of the Yorba Linda Water District as follows: Section 1: Public funds held for investment by the District may be categorized as follows: a) Those funds that are allocated for immediate expenditure on District operations as authorized by the Board of Directors at their bimonthly meetings; b) Those funds that are allocated for use in an intermediate time frame, such as budgeted purchases, that have not been delivered; c) Those funds that are allocated for future use which do not fall into the above categories. This policy sets forth guidelines for funds that are identified as "available for investment." Section 2: Delegated representative and standards and procedures for the operation of the investment program as follows: Resolution No. 11-24 Setting Forth Public Funds Investment Policy and Rescinding Resolution No. 11-08 1 a) The authority of the Board of Directors to invest funds is derived from Section 53601 of the CGC. Section 53607 of the CGC grants the Board of Directors the authority to delegate that authority. Therefore, Tthe responsibility to invest, reinvest, sell or exchange securities is hereby delegated to the District's Treasurer for a period of one year. The Board of Directors may renew the delegation of authority pursuant to state law each year. b) The standard of prudence to be used by the designated representative shall be the "prudent investor" standard and shall be applied in the context of managing the overall portfolio. The meaning of the standard of prudent investor, means investment, reinvestment, purchasing, acquiring, exchanging, selling or managing public funds shall be made with care, skill, prudence and diligence, under circumstances then prevailing, including but not limited to, the general economic conditions and the anticipated needs of the agency, which a prudent person, acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the District. Section 3: The Treasurer or his/her designated representative shall maintain a cash flow analysis for projecting cash available for investments. All funds not required for immediate or intermediate use may be invested in accordance with this policy. The total funds invested at any time pursuant to this policy will constitute the District's "investment portfolio". Section 4: Priorities regarding the investment of District held public funds are: a) The safety of funds. Safety of principal is the foremost objective of the investment portfolio. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. b) The maintenance of sufficient liquidity to meet all operating requirements that may be reasonably anticipated. Securities should mature concurrent with cash needs to meet anticipated demands. c) The investment portfolio shall be designed with the objective of attaining the best yield or returns on investments, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives. Resolution No. 11-24 Setting Forth Public Funds Investment Policy and Rescinding Resolution No. 11-08 2 Section 5: The District may invest funds that are available for direct investment in the following categories: a) Banks or Savings and Loans Cash will be deposited only in Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation (FSLIC) insured institutions or fully collateralized certificates of deposit. Collateral for a given investment must be 110 percent of principal for government securities collateral and 150 percent of principal for first mortgage collateral. The institution must maintain a net worth to asset ratio of at least 3.0 percent, and a positive earnings record. The bank or savings and loan must be located in California. The maximum maturity shall be five years. No limit will be place on the percentage total invested in this category. b) Negotiable Certificates of Deposit. Investments are limited to deposits issued by a nationally, or California-chartered bank, a California savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a California licensed branch of a foreign bank. (Government Code Section 53601(i)). Deposits shall be limited to those financial institutions which maintain a rating equivalent to "A" or higher by one of the nationally recognized statistical rating organizations (NRSRO), and individual investments shall be limited to Federal Deposit Insurance Corporation-insured limits of $250,000. The maximum maturity is limited to five years and the maximum percentage allowable for investment is 30 percent of the investment portfolio in the aggregate. c) The State Local Agency Investment Fund (LAIF). No limit will be placed on the percentage total in this category. d) Orange County Treasurer's Commingled Investment Pool - Government Code Section 53684 No limit will be placed on the percentage total in this category. Resolution No. 11-24 Setting Forth Public Funds Investment Policy and Rescinding Resolution No. 11-08 3 e) California Asset Management Program The amounts deposited in this category shall be limited to bond proceeds and are to be invested for the purpose of arbitrage management only. Proceeds may be invested in the Treasury Portfolio and/or the Money Market Portfolio. No limit will be placed on the percentage total in this category. f) Treasury Bills, Notes and Bonds - Government Code Section 53601(b-d) The District will require physical delivery of these securities to an acceptable safekeeping account in the District's name and must be properly insured. The maximum maturity shall be limited to five years. No limit will be placed on the percentage total invested in this category. g) Obligations Issued by Federal Agencies and U.S. Government Sponsored Enterprises - Government Code Section 53601 (f) The District will require physical delivery of these securities to an acceptable safekeeping account in the District's name and must be properly insured. Examples of these securities include Federal National Mortgage Association, Federal Farm Credit Bank, Federal Home Loan Mortgage Corporation and Federal Home Loan Bank. The maximum maturity shall be limited to five years and the maximum investment of 50 percent of the investment portfolio in the aggregate. h) Corporate Bond - Government Code Section 53601(k) The District will require electronic delivery of these securities to an acceptable safekeeping account in the District's name, which must be properly insured. The corporation must be domestic, the notes must be domestic and the notes must be issued in the United States. The corporation must be rated A or its equivalent or better by a nationally recognized rating service. The maximum maturity is limited to five years and the maximum percentage allowable for investment is 30 percent of the investment portfolio in the aggregate. Resolution No. 11-24 Setting Forth Public Funds Investment Policy and Rescinding Resolution No. 11-08 4 i) Banker's Acceptance - Government Code Section 53601(g) The District will require physical delivery of these securities to an acceptable safekeeping account in the District's name and must be properly insured. The maximum term may not exceed 180 days and the maximum percentage allowable for investment is 10 percent of the portfolio in the aggregate. j) Commercial Paper - Government Code Section 53601(h) The District will require physical delivery of these securities to an acceptable safekeeping account in the District's name and must be properly insured. Commercial paper rated the highest ranking or of the highest letter and number ratings as provided for by a nationally recognized statistical-rating organization. The entity that issues the commercial paper shall meet two sets of criteria: (1) The corporation shall be organized and operating within the United States, shall have total assets in excess of five hundred million dollars ($500,000,000), and shall issue debt, other than commercial paper, if any, that is rated A or higher by a nationally recognized statistical-rating organization. (2) The corporation shall be organized within the United States as a special purpose corporation, trust, or limited liability company, has program wide credit enhancements including, but not limited to, over collateral ization, letters of credit, or surety bond; has commercial paper that is rated "a-1" or higher, or equivalent by a nationally recognized statistical-rating organization. Eligible commercial paper may not exceed 270 days' maturity and may not represent more than the 25 percent of the investment portfolio in the aggregate. k) Investment Trust of California (the Ca1TRUST JPA pool) - Government Code Section 53601(p) No limit will be placed on the percentage total in this category. 1) Money Market Funds Shares of a qualified money market fund, as defined in CGC section 53601, must meet the criteria described therein. Resolution No. 11-24 Setting Forth Public Funds Investment Policy and Rescinding Resolution No. 11-08 5 Section 6: All investments of sums of less than $100,000 do not require approval of the Board of Directors or need to be collateralized. Such investments, however, must be made in saving institutions covered by federal deposit insurance. Section 7: Investment of sums greater than $100,000 and less than $1,000,000 in a single institution is authorized in institutions that comply with the following parameters: a) Collateral requirements as set forth in Section 5, (a) herein; b) Institution established as a business in California for a minimum of three years; C) Must show a profit for the most recent two consecutive years; d) A capital ratio of six percent for banks, and five percent for savings & loans; e) No more than three percent foreclosures; f) Financial rating of "excellent" or "superior". Section 8: All investments greater than $1,000,000 in one institution, with exception of LAIF, Investment Trust of California (the CaITRUST JPA pool) and Orange County Treasurer's Commingled Investment Pool (OCIP), require approval of the Board of Directors Section 9: When the District uses the services of a broker/dealer to purchase securities, they shall be selected for credit worthiness. These may include "primary" dealers or regional dealers. Each security purchased through a broker/dealer shall be registered in the name of Yorba Linda Water District. No deposit of cash and/or securities shall be made by the broker/dealer except in a qualified public depository as established by state law and Section 5(a) of this resolution. Before a broker/dealer is used, they are subject to investigation and approval by the Treasurer or his/her designated representative and must submit the following: a) Certification of having read and understood this investment policy resolution and agreeing to comply with the District's investment policy; b) Proof of National Association of Security Dealers certification and state registration; Resolution No. 11-24 Setting Forth Public Funds Investment Policy and Rescinding Resolution No. 11-08 6 C) Compliance with federal capital adequacy regulations and provide documentation of financial solvency; d) Provide audited financial statements within 120 days of fiscal year end; e) Provide similar services to other public-sector clients. Section 10: Policy on repurchase and reverse repurchase agreements and derivative products: a) The District staff is not authorized to initiate investments in repurchase or reverse repurchase agreements or "plain vanilla OTC" and/or "more complex over the counter (OTC) derivative products," as defined below, however, staff is authorized to deposit in LAIF provided LAIF invests no more than ten percent of their total portfolio in repurchase or reverse repurchase agreements and does not use derivative products defined below. b) A "plain vanilla OTC" derivative product is defined by the U.S. General Accounting Office as a financial instrument whose market value is derived from a reference rate, index, or a value of an underlying asset. OTC derivatives are privately negotiated contracts and are not traded on organized exchanges. c) A "more complex OTC" derivative product is defined by the U.S. General Accounting Office to have at least one of the following characteristics: 1. Their prices tend to be difficult to obtain, because they are often available from only a few dealers; 2. The payments required by the derivative are calculated on the basis of more than one interest, rate, currency, asset or other factor; 3. The derivative contract has terms that are not determined until some future Date; 4. The contract involves a term that acts as a multiplier or increases the leverage of the rate(s) used to compute payments; 5. The contract may entail potentially unlimited risk; Resolution No. 11-24 Setting Forth Public Funds Investment Policy and Rescinding Resolution No. 11-08 7 Section 11: The Treasurer or his/her designated representative shall submit a monthly investment portfolio report through the Finance-Accounting Committee to the Board of Directors. Additionally, the Treasurer or his/her designated representative shall submit a comprehensive report for Board approval each quarter. This report shall include but not be limited to: a) A list of the previous month's investments; b) Institutions where investments were placed; C) Dates of transactions; d) Dates of maturity; e) Interest rates on said investments; f) Investment categories' percent of total portfolio. Section 12: Ethics and Conflicts of Interest All officials, staff members and consultants who make or participate in making investment decisions on behalf of the District, will refrain from personal business activity that could conflict with the execution of the investment function or which may impair the ability to make impartial investment decisions. Officials, staff members, and consultants will disclose to the General Manager any financial interests with a financial institution, provider, dealer or broker conducting business with the District. Officials, staff members and consultants will further disclose any personal financial positions that could be related to the performance of the District's portfolios; Section 13: Safekeeping and Custody All cash and securities in the District's Investment portfolio, including those that are being managed by the delegated representative shall be held in the District's name by a third party bank trust department, acting as agent for the District under the terms of a custody agreement executed by the bank and the District. All securities will be received and delivered using delivery-versus payment procedures. The District's safekeeping agent will only release payment for a security after the security has been properly delivered. The only exception to the foregoing shall be depository accounts and securities purchases made with (i) local government investment pools, and (ii) money market mutual funds, since the purchased securities are not deliverable. Resolution No. 11-24 Setting Forth Public Funds Investment Policy and Rescinding Resolution No. 11-08 8 Section 14: Maximum Securities To the extent possible, the District will attempt to match investments with anticipated cash flow requirements. Pursuant to state law, no investment shall have a maturity in excess of five years. That Resolution 11-08 is hereby rescinded immediately upon adoption of this Resolution. PASSED AND ADOPTED this 22nd day of December 2011 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Phil Hawkins, President Yorba Linda Water District ATTEST: Kenneth R. Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman, Behrens & Tague LLP Resolution No. 11-24 Setting Forth Public Funds Investment Policy and Rescinding Resolution No. 11-08 9 ITEM NO. 8.3 AGENDA REPORT Meeting Date: December 22, 2011 Budgeted: Yes Total Budget: $4.5M To: Board of Directors Cost Estimate: $4.5M Funding Source: All Water Funds From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: J-2008-17 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: Yes Prepared By: Hank Samaripa, Project CEQA Compliance: MND Engineer Subject: Mitigated Negative Declaration for Yorba Linda Blvd Pump Station and Pipeline Project SUMMARY: An Initial Study and Mitigated Negative Declaration under the California Environmental Quality Act have been prepared for the Yorba Linda Blvd Pump Station and Pipeline Project. The analyses conclude that the proposed Project can be implemented without causing significant adverse environmental impacts with the incorporation of mitigation measures for specific issues. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 11-25, (1) Adopting a Final Mitigated Negative Declaration and Initial Study for the Yorba Linda Boulevard Booster Pump Station and Pipeline Project, (2) Adopting Findings and a Mitigation Monitoring and Reporting Program, and (3) Approving the Project. By Adoption of this Resolution, the Board directs Staff to proceed with the implementation of the Project, and to file a Notice of Determination. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this matter at its meeting on November 8, 2011 and supported the Staff recommendation that the documentation be brought to the Board of Directors for approval. DISCUSSION: As noted above, the PEO Committee supported the staff recommendation that the documentation be brought to the Board for approval. At its November 23, 2011 meeting, at the request of Legal Counsel, the Board asked that the item be continued to a following Board meeting to allow Legal Counsel time to review the documents. The review by Legal Counsel has been completed and their findings and recommendations are presented in the attached Resolution for Board approval. In summary, the Initial Study and supporting environmental analysis for the Yorba Linda Blvd. Pump Station/Pipeline Project found that the proposed Project will have no impact on all CEQA guideline categories when mitigating measures are included in the Project. To address noise concerns, mitigation measures were identified for the construction phase and for long-term operation and incorporated into the Project. These measures include full compliance with local noise ordinances and the requirements that construction equipment be properly tuned and maintained. Other mitigating measures identified for the Project included monitoring for potential hazardous materials and cultural artifacts found on the site. The Initial Study and Mitigated Negative Declaration were completed by the District's consultant, Lee & Ro, Inc., in conformance with CEQA requirements. The project construction documents and specifications will incorporate the identified mitigation measures. Pursuant to CEQA Guidelines, copies of the Initial Study were distributed to various responsible agencies for public review and comment. The attached Staff Report summarizes the five comments received, and notes how those comments were addressed in the Mitigation Monitoring and Reporting Plan. Copies of the Initial Study and Final Mitigated Negative Declaration are included as a part of the Resolution. STRATEGIC PLAN: SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with adopted amendments PRIOR RELEVANT BOARD ACTION(S): On January 3, 2010, the Board of Directors approved award of the Professional Service Agreement for the Yorba Linda Blvd. Pump Station/Pipeline Projects to Lee & Ro, Inc. for a fee not to exceed $423,624. ATTACHMENTS: Name: (Description: Type: NOA NOI YLBPS Pipeline082311.docx N0A_N0I_YLBPS_Pipeline082311.docx Backup Material RevisedStaffReport 121311.pdf Revised Staff Report Backup Material Resolution No. 11-25.pdf Resolution No. 11-25 Resolution Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 MB/RC 5-0 Roll Call YORBA LINDA WATER DISTRICT NOTICE OF AVAILABILITY / NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE YORBA LINDA BLVD. PUMP STATION AND PIPELINE PROJECT Notice is hereby given that the Yorba Linda Water District (YLWD) has prepared an Initial Environmental Study (IES) under the California Environmental Quality Act (CEQA) for the project described as the Yorba Linda Blvd. Pump Station and Pipeline Project. The YLWD Board of Directors intends to adopt a Mitigated Negative Declaration (MND) for the project and has authorized the release of the MND for public review and comment on the above project and its potential impacts. The proposed pump station project would be located at 19555 Yorba Linda Boulevard, in the City of Yorba Linda, and the Pipeline project is on Yorba Linda Boulevard from Ohio Street to 500 feet East of Fairmont Blvd. The project is the construction and operation of the Yorba Linda Blvd. Pump Station replacing the Palm Avenue pump station in the City of Yorba Linda's Jessamyn West Park. The location of the pump station lies within a 150 foot strip of land known as Gun Club Road. This City property will be the site of a future linear park. During the construction of the pipeline, the frontage land off Yorba Linda Blvd. will be utilized as a staging area of construction materials and equipment. Once the pipeline is completed, this area will be available for the pump station construction as well as staging area for the general contractor. The analysis in the IES indicates that these proposed projects can be implemented without causing significant adverse environmental impacts with the incorporation of mitigation measures for specific issues. The period of review will be from September 1, 2011 to October 3, 2011. Written comments on the IES and proposed MND should be submitted to Mr. Hank Samaripa at the address below no later than October 3, 2011 at 5:00 p.m. The IES and MND are available at the address below during normal working hours, and at the Yorba Linda Public Library and Placentia Library. Hank Samaripa Project Engineer Yorba Linda Water District 1717 East Miraloma Avenue Placentia, CA 92870 Email: haamaripa@ylwd.com Yorba Linda Water District REVISED STAFF REPORT DATE: December 12, 2011 TO: Steve Conklin PROM: HANK SAMARIPA SUBJECT: Yorba Linda Blvd. Pump Station/ Pipeline Projects On August 26, 2011, staff delivered the Notice of Availability/Notice of Intent (NOA/NOI) to various local, county, and state agencies as well as six (6) local residences informing them of the District's intent to adopt a Mitigated Negative Declaration for the Yorba Linda Blvd. Pump Station and Pipeline Project (Project). Per the CEQA regulations, a NOA/NOI and the 30-day review period commenced on September 1, 2011 and ended on October 3, 2011. Per the City of Yorba Linda's Planning Code those residences residing within 300 feet of the project were notified. A copy of the NOA/NOI is attached. Four verbal comments were received from the residents and one written comment letter was received from the Native American Heritage Commission concerning the Project. Below are the verbal comments received from the local residents, and the letter received from the Native American Heritage Commission, Sacramento, CAA. Date Individual/Agency Verbal Comment from Mitigation Monitoring Resident and Reporting Program (MMRP) 1. August 30, 2011 Local resident, Mr. Dave Questioned the amount See Noise section in the Allanback, 5011 Wagon of noise during MMRP which references Wheel Dr. construction and street City of Yorba Linda steel plates. Municipal Code for noise levels 2. September 6, 2011 Local resident, Ms. Joyce Resident was unable to N/A Flocken, 5025 Wagon travel to City Library to Wheel Dr. read the initial Study. The District sent her a copy by mail. 3. October 3, 2011 City of Yorba Linda, Sr. Questioned procedures Refer to Erosion and Planner, Mr. David for storm water runoff Sediment Transport Brantley for the pump station Control section of the site MMRP which address the procedures. 4. October 10, 2011 Local resident, Ms. Joyce Questioned the The MMRP addresses Flocken, 5025 Wagon conclusions for the Noise in two categories, Wheel Dr. amount of noise noise during generated from the site. construction and pump station noise. Both are within the municipal code levels. Date Individual/Agency Formal Letter/Comment Mitigation Monitoring and Reporting Program 1. September 16, Received a letter from The letter stated that Refer to Cultural 2011 Native American Heritage Native American cultural Monitoring section of Commission, Sacramento, resources were identified MMRP for specific findings CA. within one-half mile of and procedures. project site. In conclusion, the issues raised by the comments above have all been addressed in the MMRP. The extent of noise generated by the Project was addressed in the Noise Analysis and Recommendation Study by Lee & Ro, Inc., the District's consultant. This is being considered by the Board of Directors as part of its decisional process for the MND and the Project. The Project's noise mitigation measures and controls will keep Project noise within the municipal code levels and thus will not have a significant impact on the environment. aTATE OF CALIFORNIA Edm„nd ~ Brown wry ! n vaxnrjr NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MALL, ROOM 364 SACRAMENTO, CA 95814 y `r (916) 653-6251 x scf'/ Fax (916) 657-5390 Web Site,.y,.;,w nahv,-^a ~o+ds_nahc@pacbell.net September 13, 2011 ] F~ ) F~ `I i Mr. Hank Samaripa, Project Engineer I ti 2011 Yorba Linda Water District 1717 East Miraloma Avenue Placentia, CA 92870 Re: SCH#2011081101; CEQA Notice of Completion: Initial Study and proposed Mitigated Negative Declaration, for the "Yorba Linda Boulevard Pump Station and Pipeline Project" located in the City of Yorba Linda on Yorba Linda Boulevard: Orange County,. California. Dear Mr. Samaripa: The Native American Heritage Commission (NAHC), the State of California `Trustee Agency' for the protection and preservation of Native American cultural resources pursuant to California Public Resources Code §21070 and affirmed by the Third Appellate Court in the case of EPIC v. Johnson (1985: 170 Cal App. 3rd 604). The NAHC wishes to comment on the proposed project. This letter includes state and federal statutes relating to Native American historic properties of religious and cultural significance to American Indian tribes and interested Native American individuals as `consulting parties' under both state and federal law. State law also addresses the freedom of Native American Religious Expression in Public Resources Code §5097.9. The California Environmental Quality Act (CEQA - CA Public Resources Code 21000-21177, amendments effective 3/1812010) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a `significant effect' requiring the preparation of an Environmental Impact Report (EIR) per the CEQA Guidelines defines a significant impact on the environment as 'a substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project, including objects of historic or aesthetic significance." In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the 'area of potential effect (APE), and if so, to mitigate that effect. The NAHC Sacred Lands File (SLF) search resulted as follows: Native American cultural resources were identified within one-half mile of some of the 'area of potential effect (APE) based on the USGS coordinates provided. Note: the absence of recorded Native American cultural resources does not preclude their existence. The NAHC "Sacred Sites,' as defined by the Native American Heritage Commission and the California Legislature in California Public Resources Code §§5097.94(a) and 5097.96. Items in the NAHC Sacred Lands Inventory are confidential and exempt from the Public Records Act pursuant to California Government Code §6254 (r Early consultation with Native American tribes in your area is the best way to avoid unanticipated discoveries of cultural resources or burial sites once a project is underway. Culturally affiliated tribes and individuals may have knowledge of the religious and cultural significance of the historic properties in the project area (e.g. APE). We strongly urge that you make contact with the list of Native American Contacts on the attached list of Native American contacts, to see if your proposed project might impact Native American cultural resources and to obtain their recommendations concerning the proposed project. Pursuant to CA Public Resources Code § 5097.95, the NAHC requests that the Native American consulting parties be provided pertinent project information. Consultation with Native American communities is also a matter of environmental justice as defined by California Government Code §65040.12(e). Pursuant to CA Public Resources Code §5097.95, the NAHC requests that pertinent project information be provided consulting tribal parties. The NAHC recommends avoidance as defined by CEQA Guidelines §15370(a) to pursuing a project that would damage or destroy Native American cultural resources and Section 2183.2 that requires documentation, data recovery of cultural resources. Furthermore, the NAHC is of the opinion that the current project remains under the jurisdiction of the statutes and regulations of the National Environmental Policy Act (e.g. NEPA, 42 U.S.C. 4321-43351). Consultation with tribes and interested Native American consulting parties, on the NAHC list, should be conducted in compliance with the requirements of federal NEPA and Section 106 and 4(f) of federal NHPA (16 U.S.C. 470 et seq), 36 CFR Part 800.3 (f) (2) & .5, the President's Council on Environmental Quality (CSQ, 42 U.S.C 4371 et seq. and NAGPRA (25 U.S.C. 3001-3013) as appropriate. The 1992 Secretary of the Interiors Standards for the Treatment of Historic Properties were revised so that they could be applied to all historic resource types included in the National Register of Historic Places and including cultural landscapes. Also, federal Executive Orders Nos. 11593 (preservation of cultural environment), 13175 (coordination & consultation) and 13007 (Sacred Sites) are helpful, supportive guides for Section 106 consultation. The aforementioned Secretary of the Interior's Standards include recommendations for all `lead agencies' to consider the historic context of proposed projects and to "research" the cultural landscape that might include the `area of potential effect.' Confidentiality of "historic properties of religious and cultural significance" should also be considered as protected by California Government Code §6254( r) and may also be protected under Section 304 of he NHPA or at the Secretary of the Interior discretion if not eligible for listing on the National Register of Historic Places. The Secretary may also be advised by the federal Indian Religious Freedom Act (cf. 42 U.S.C., 1996) in issuing a decision on whether or not to disclose items of religious and/or cultural significance identified in or near the APEs and possibility threatened by proposed project activity. Furthermore, Public Resources Code Section 5097.98, California Government Code §27491 and Health & Safety Code Section 7050.5 provide for provisions for accidentally discovered archeological resources during construction and mandate the processes to be followed in the event of an accidental discovery of any human remains in a project location other than a `dedicated cemetery'. To be effective, consultation on specific projects must be the result of an ongoing relationship between Native American tribes and lead agencies, project proponents and their contractors, in the opinion of the NAHC. Regarding tribal consultation, a relationship built around regular meetings and informal involvement with local tribes will lead to more qualitative consultation tribal input on specific projects. If you have ny questions about this response to your request, please do not hesitate to l/' ontac me at (91 653 251. ypy Sin rel Y° Dave Singlet o Program Analyst Cc: State Jle inghouse Attachment: Native American Contact List California Native American Contact List Orange County September 13, 2011 Ti'At Society/[ nter-Tri bal Council of Pimu Gabrielino Tongva Nation Cjndi M. Alvitre, Chairwoman-Manisar Sam Dunlap, Chairperson 3098 Mace Avenue, Aapt. D Gabrielino P.O. Box 86908 Gabrielino Tongva Costa Mesa,, CA 92626 Los Angeles , CA 90086 calvitre9yahoo. corn samdunlap@Dearthlink.net (714) 504-2468 Cell (909) 262-9351 - cell Juaneno Band of Mission Indians Acjachemen Nation Juaneno Band of Mission Indians Acjachemen Nation David Belardes, Chairperson Anthony Rivera, Chairman 32161 Avenida Los Amigos Juaneno 31411-A La Matanza Street Juaneno San Juan Capistranq CA 92675 San Juan Capistranq CA 92675-2674 (949) 493-4933 - home arivera@Djuaneno.com chief davidbelardes@yahoo. (949) 488-3484 com (949) 488-3294 - FAX (949) 293-8522 (530) 354-5876 - cell Tongva Ancestral Territorial Tribal Nation Gabrielino Tongva Indians of California Tribal Council John Tommy Rosas, Tribal Admin. Robert F. Dorame, Tribal Chair/Cultural Resources Private Address Gabrielino Tongva P.O. Box 490 Gabrielino Tongva Bellflower CA 90707 tattnlaw( gmail.com gtongvagverizon.net 310-570-6567 562-761-6417 - voice 562-761-6417- fax Gabrieleno/Tongva San Gabriel Band of Mission Juaneno Band of Mission Indians Anthony Morales, Chairperson Alfred Cruz, Culural Resources Coordinator PO Box 693 Gabrielino Tongva P.O. Box 25628 Juaneno San Gabriel , CA 91778 Santa Ana , CA 92799 GTTribalcouncilC aol.com alfredgcruz@sbcglobal.net (626) 286-1632 714-998-0721 (626) 286-1758 - Home 714-998-0721 - FAX (626) 286-1262 -FAX 714-321-1944 - cell This list is current only as of the date of this document. Distribution of this list does not relieve any person of the statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list is applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH#201 1 081 101; CEQA Notice of Completion; Initial Study and Mitigated Negative Declaration for the Yorba Linda Blvd Pump Station and Pipeline Project; located in the City of Yorba Linda on Yorba Linda Boulevard; Orange County, California. California Native American Contact List Orange County September 13, 2011 Juaneno Band of Mission Indians Gabriel ino-Tongva Tribe Adolph 'Bud' Sepulveda, Vice Chairperson Bernie Acuna P.O. Box 25828 Juaneno 1875 Century Pk East #1500 Gabrielino Santa Ana , CA 92799 Los Angeles , CA 90067 bssepul@yahoo.net (619) 294-6660-work 714-838-3270 (310) 428-5690 - cell 714-914-1812 - CELL (310) 587-0170 - FAX bsepul@yahoo.net bacunal @gabrieinotribe.org Juaneno Band of Mission Indians Juaneno Band of Mission Indians Aciachemen Nation Sonia Johnston, Tribal Chairperson Joyce Perry; Representing Tribal Chairperson P.O. Box 25628 Juaneno 4955 Paseo Segovia Juaneno Santa Ana , CA 92799 Irvine f CA 92612 sonia. johnston(Psbcglobal. 949-293-8522 net (714) 323-8312 Juaneno Band of Mission Indians Gabrielino-Tongva Tribe Anita Espinoza tinda Candeiarla;- +alrwaman 1740 Concerto Drive Juaneno 1875 Century Park East, Suite 1500 Anaheim , CA 92807 Los Angeles , CA 90067 Gabrielino (714) 779-8832 Icandelariai @gabrielinoTribe.org 626-676-1184- cell (310) 587-0170 - FAX 760-904-6533-Home United Coalition to Protect Panhe (UCPP) Gabrieleno Band of Mission Indians Rebecca Robles Andrew Salas, Chairperson 119 Avenida San Fernando Juaneno P.O. Box 393 Gabirelino Tongva San Clemente CA 92672 Covina , CA 91723 rebroblesl @gmail.com (626) 926-4131 (949) 573-3138 gabrielenoindians@yahoo. com This list is current only as of the date of this document. Distribution of this list does not relieve any person of the statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list is applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH#2011081101; CEQA Notice of Completion; Initial Study and Mitigated Negative Declaration for the Yorba Linda Blvd Pump Station and Pipeline Project; located in the City of Yorba Linda on Yorba Linda Boulevard; Orange County, California. RESOLUTION NO. 11-25 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT (1) ADOPTING A FINAL MITIGATED NEGATIVE DECLARATION AND INITIAL STUDY FOR THE YORBA LINDA BOULEVARD BOOSTER PUMP STATION AND PIPELINE PROJECT, (2) ADOPTING FINDINGS AND A MITIGATION MONITORING AND REPORTING PROGRAM, AND (3) APPROVING THE PROJECT WHEREAS, on August 26, 2011, the Yorba Linda Water District ("District") circulated for public comment a proposed Mitigated Negative Declaration and Initial Study for its Yorba Linda Boulevard Booster Pump Station and Pipeline ("Project"); WHEREAS, the District received one comment letter during the comment period from September 1, 2011 to October 3, 2011 on the proposed Project; WHEREAS, the District responded to the comment and the comment and response were considered as part of its decisional process concerning the proposed Project; WHEREAS, the District received oral comments from two members of the public and the City of Yorba Linda and the comments and responses to those comments were also considered as part of its decisional process concerning the proposed Project; WHEREAS, the proposed Mitigated Negative Declaration and Initial Study, the comments thereto and the responses to the comments constitute the Final Mitigated Negative Declaration and Initial Study and are attached as Exhibit A to this Resolution; WHEREAS, on December 16, 2011, the District noticed a public meeting on the proposed Project at the District's Board Room, 1717 East Miraloma Avenue, Yorba Linda, California 92870 for December 22, 2011 at 8:30 A.M. for purposes of considering the proposed Final Mitigated Negative Declaration and Initial Study as part of its decisional process concerning the proposed Project; WHEREAS, Section 21000 et seq. of the Public Resources Code and Section 15000 et seq. of Title 14 of the California Code of Regulation (CEQA Guidelines) govern the preparation, content, and public review process of mitigated negative declarations; WHEREAS, pursuant to Public Resources Code section 21092.5 the public meeting did not constitute an extension of the public comment period; Resolution No. 11-25 Adopting a Final MND and Initial Study forth e YL Blvd Booster Pump Station and Pipeline Project 1 WHEREAS, CEQA Guidelines section 15074(b) requires the District's Board of Directors ("Board") to consider the proposed mitigated negative declaration together with any comments received during the public review process; WHEREAS, this District's Board has carefully and thoroughly reviewed the proposed Final Mitigated Negative Declaration and Initial Study and the Mitigation Monitoring and Reporting Program ("MMRP") (Exhibit "B" to this Resolution) all of which are incorporated herein by reference into this Resolution; WHEREAS, the District's Board has reviewed the record before it and determines that recirculation of the Final Mitigated Negative Declaration and Initial Study is not required pursuant to CEQA Guidelines section 15073.5; WHEREAS, based on the proposed Final Mitigated Negative Declaration and Initial Study and the whole record before the District, this Board has determined that the proposed Project can be approved because there is no substantial evidence, in light of the whole record before the District, that the Project, with the mitigation specified, may have a significant effect on the environment; and WHEREAS, this Board has considered all of the information presented to it as set forth above and this Resolution and action taken hereby is a result of the Board's independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED that this Board of Directors ("Board") of the Yorba Linda Water District ("District") does hereby find and determine that the Final Mitigated Negative Declaration and Initial Study, attached hereto and incorporated herein as Exhibit A, was prepared pursuant to the provisions of CEQA; RESOLVED FURTHER that this Board does hereby adopt the Final Mitigated Negative Declaration and Initial Study attached as Exhibit "A" to this Resolution; RESOLVED FURTHER that this Board does hereby adopt the following findings, which this Board finds are supported by substantial evidence in light of the whole record before the District: Finding No. One: The District has complied with all of the requirements for public notice required by Public Resources Code section 21000 et seq. and the CEQA Guidelines and all other provisions of applicable law, including, but not limited to, notice of the December 22, 2011 public meeting under California's Ralph M. Brown Act (Government Code section 54950 et seq.). Finding No. Two: The District has met all the requirements for public review required by Public Resources Code section 21000 et seq. and CEQA Guidelines. Resolution No. 11-25 Adopting a Final MND and Initial Study forth e YL Blvd Booster Pump Station and Pipeline Project 2 Additionally, this Board has considered any comments, whether written and oral, including those comments made at the public meeting on December 22, 2011. The comments made at the public meeting do not raise any new information or issues that have not already been raised. Finding No. Three: The proposed Final Mitigated Negative Declaration and Initial Study contains all the information required by Public Resources Code section 21000 et seq. and the CEQA Guidelines, is accurate and complete, and is legally sufficient pursuant to the provisions of CEQA. Finding No. Four: The Final Mitigated Negative Declaration and Initial Study meets the requirements of Public Resources Code section 21000 et seq. and the CEQA Guidelines, and the District followed all of the required procedures in Public Resources Code sections 21000 et seq. and the CEQA Guidelines in preparing the Final Mitigated Negative Declaration and Initial Study. Finding No. Five: Recirculation of the Final Mitigated Negative Declaration and Initial Study is not required by CEQA Guidelines section 15073.5. Finding No. Six: The Final Mitigated Negative Declaration and Initial Study does not contain any substantial evidence that the Project, with the mitigation specified, may have a significant effect upon the environment. Finding No. Seven: The District is the proper lead agency for preparation of a mitigated negative declaration under Public Resources Code section 21000 et seq. and the CEQA Guidelines. Finding No. Eight: Based upon the above, it is found and determined that there is no substantial evidence, in light of the whole record before the District and its Board, that the Project may have a significant effect or impact on the environment, and that the Final Mitigated Negative Declaration and Initial Study reflects this Board's independent judgment and analysis. RESOLVED FURTHER, that the Project's environmental review process identified mitigation measures designed to prevent potentially significant impacts that might occur. These mitigation measures will be incorporated into the Project as specified in the Final Mitigated Negative Declaration and Initial Study and will be monitored and enforced pursuant to the MMRP. The MMRP includes the feasible mitigation measures for potentially significant Project impacts that are within the District's jurisdiction and authority to enforce. The MMRP is required by Public Resources Code section 21081.6 and is attached to this Resolution as Exhibit "B" and is incorporated herein by this reference; RESOLVED FURTHER that this Board does hereby adopt the Final Mitigated Negative Declaration and Initial Study; Resolution No. 11-25 Adopting a Final MND and Initial Study forth e YL Blvd Booster Pump Station and Pipeline Project 3 RESOLVED FURTHER, that this Board does hereby adopt the MMRP; RESOLVED FURTHER that the Project described in the Final Mitigated Negative Declaration and Initial Study is hereby approved and District staff is authorized to proceed with the implementation of the Project; RESOLVED FURTHER that this Board hereby directs District staff to promptly file a Notice of Determination and pay the required Fish and Game fee; and RESOLVED FURTHER that the location of the District's record on this matter is at the Yorba Linda Water District, 1717 East Miraloma Avenue, Yorba Linda, California 92870 and the Custodian of the District Record is Kenneth Vecchiarelli, Secretary to the Board of Directors. PASSED AND ADOPTED this 22nd day of December 2011 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Phil Hawkins, President Yorba Linda Water District ATTEST: Kenneth R. Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman Kidman, Behrens & Tague, LLP Resolution No. 11-25 Adopting a Final MND and Initial Study forth e YL Blvd Booster Pump Station and Pipeline Project 4 EXHIBIT "A" Attached FINAL MITIGATED NEGATIVE DECLARATION AND INITIAL STUDY 14A IT "A" Yorba Linda Water District 1717 East Miraloma Avenue Placentia, California 92870 California Environmental Quality Act (CEQA) Initial Study/Mitigated Negative Declaration Yorba Linda Boulevard Booster Pump Station 19555 Yorba Linda Boulevard, Yorba Linda, CA 92886 and Pipeline Project July 2011 Prepared by CTTU YLWD Booster Pump Station and Pipeline Project Page i CEQA - Initial Study/Mitigated Negative Declaration July 2011 TABLE OF CONTENTS 1.0 Environmental Checklist ................................................................................1 1.1 Project Title .......................................................................................................1 1.2 Lead Agency Name and Address ......................................................................1 1.3 Contact Person and Phone Dumber ............1 1.4 Project Location...._ ....................................................,,....,.,..............................1 1.5 Project Sponsor's Name and Address ...............................................................1 1.6 General Plan Designation.....,... .........................................................................2 1.7 Zoning ...............................................................................................................2 1.8 Description of Project-. ....................................................................................3 1.9 Construction Considerations - 7 1.10 Surrounding Land Uses and Setting ..................................................................8 1.11 Other Agencies ..................................................................................................9 1.12 Approval Agencies ............................................................................................9 2.0 Environmental Factors Potentially Affected ......................................10 3.0 Environmental Determination ......................................................................10 4.0 Environmental Impacts by Resource ...........................................................11 4.1 Aesthetics ...11 4.2 Agricultural Resources ....................................................................................12 4.3 Air Quality.. 13 ..4,4 Greenhouse Gas Emissions ............................................................................15 4,5 Biological Resources .......................................................................................16 4.6 Cultural Resources ..........................................................................................17 4.7 Geology and Soils- ........................................................................................18 4.8 Hazards and Hazardous Materials..-.. ...........................................................19 4.9 Hydrology and Water Quality., - .2 0 4.10 Land Use and Planning.. ..........22 4.11 Mineral Resources ..........................................................................................23 4.12 Noise ...............................................................................................................24 4.13 Population and Housing ..................................................................................25 4.14 Public Services..... 26 4.15 Recreation... - - .27 4.16 Transportation/Traffic ......................................................................................28 4.17 Utilities and Service Systems ..........................................................................29 4,18 Mandatory Findings of Significance-- ...........................................................30 5.0 List of Preparers... 31 6.0 References.. 31 LEE & RO, Inc. J.WROJ AgTG2 Rcgufal" Correspondeneo (U0A)%CCQNYLW0 CCOA T&C Cnc Yt_WD Booster Pump Station and Pipeline Project Page ii CEQA - Initial Study/Mitigated Negative Declaration July 2011 Figures Figure 1-1: Project Location Map Figure 1-2: Pipeline Alignment and Booster Pump Station Location ...........................4 Figure 1-3: Pipeline Alignment and Booster Pump Station Location ...........................5 Figure 1-4: Pipeline Alignment and Booster Pump Station Location ..6 Tables Table 4-1: Pipeline Construction Estimated Emissions 14 Table 4-2: Pump Station Construction Estimated Emissions.. 14 LEE & RO, Inc.. J t ROJ44SE 02 Regulatory Ccrrespondree (CEQA)SCEQA%YLVA7 CFQA To1C. BOG fi~ YLWD Booster Pump Station and Pipeline Project Page 1 CEQA - Initial StudylMitigated Negative Declaration July 2011 1.0 ENVIRONMENTAL CHECKLIST 1.1 Project Title: Yorba Linda Boulevard Booster Pump Station and Pipeline Project (referred to as "Project" for the rest this document) 1.2 Lead Agency Name and Address: Yorba Linda Water District 1717 East Miraloma Avenue Placentia, California 92870 1.3 Contact Person and Phone Number: Hank Sarnaripa, YLVVD Project Manager, (714) 7011-3105 1.4 Project Location: The Project will take place within the boundaries of the City of Yorba Linda (the City), located in northeastern Orange County (Figure 1-1). This Project comprises two parts; a new transmission pipeline in Yorba Linda Blvd and a new booster pump station in Gun Club Road. A pressure reducing station will be added to pump station replacing the existing facilities at Jessamyn West Park. The new pipeline work corridor will begin at the intersection of Ohio Street and Yorba Linda Boulevard. From this system connection point the new pipeline will travel east along Yorba Linda Boulevard for approximately 2,700 feet to the lntersection of Gun Club Road where it will connect to the new pump station approximately 50-ft north of Yorba Linda Boulevard. The new booster pump station will be constructed near the intersection of Gun Club Road and Yorba Linda Boulevard on the City owned property. Upon exiting the station, the alignment continues eastward for approximately 2,000 feet to the Southern California Edison (SCE) easement where a connections to an existing pipeline will be made. The existing booster pump station facilities in Jessamyn West Park will be demolished and the site will be landscaped to match the existing park setting. 1.5 Project Sponsor's Name and Address: Yorba Linda Water District (YLWD) 1717 East Miraloma Avenue Placentia, California 92870 LEE & RO, Inc. ,1 kPR0J W J81G2 Rego 1wr,ry Correspondorce ~C FCA)M: QA+YL W U G£OA July 2011 1 doc YLWD Booster Pump Station and Pipeline Project Page 2 CEQA - Initial Study/Mitigated Negative Declaration July 2011 1.6 General Plan Designation: The City of Yorba Linda General Plan Land Use Map designates lands within the proposed Project work area as residential (low, medium, and high density), public space (park and elementary school), commercial (neighborhood, general, and office), and unincorporated area. The pipeline portion of the Project will be constructed below grade in the Yorba Linda Blvd. right-of-way adjacent to this land use The exception is the City owned property on Gun Club Road, which is designated to become a public space. The new pump station will be #ocated within the public park site. The new pipeline will extend to the SCE easement at the point of connection to the existing pipeline approximately 500 feet east of Fairmont Boulevard, Figure 1-1: Project Location Map (not to scale) PROJECT L.UC:A"TION f ASTANCHURY RD 4tl ( r1L`e. 1 wI ~ I~r. r a s r r r..r r fir rr0 cam` _ - , i F YORDAIINOnaLva} - e' a.arw r.r s.r. j.wa rrawr Qty @ aUGNAVISFA,iIVfyci~ /p Lt CT 50 LA PAL VA AVF. 1.7 Zoning: The proposed booster pump station is located in a future public park site. At this time, the City does not require a conditional use permit for the pump station or modification to land zoning. LEE & RO, Inc, J.SPROMsW,2 Reclulalcry Covespondenc4 (CFOA)tCFQAWLWO CUQA July 2011 dec YLWD Booster Pump Station and Pipeline Project Page 3 L -VA UJ CEQA - Initial Study/Mitigated Negative Declaration July 2011 1.8 Description of Project: YLWD owns and operates a small bump station at the Jessamyn West Park located near the intersection of Yorba Linda Boulevard and Palm Avenue. Constructed in the early 1970s, this pump station is currently rated at 1,250 gpm and feeds hydraulic pressure Zone 3. A pressure reducing station is located adjacent to the existing pump station and is in the center median of Yorba Linda Boulevard. The objective of the Yorba Linda Boulevard Booster Station and Pipeline Project is to deliver lower cost groundwater from the recently completed 6 million gallon (MG) capacity Highland Reservoir to East Yorba Linda customers. YLWD intends to accomplish this objective by replacing the existing pump station with a larger capacity 5,000 gpm pump station. The single story pump station will include a new pressure reducing station (Zone 3 to Zone 2 pressure reducing valve) within the pump station site. The new purnp station / pressure reducing site will be located on City of Yorba Linda property at 19555 Yorba Linda Boulevard, Yorba Linda, CA 92886 in a strip of land formerly referred to as Gun Club Road. This 150 foot wide strip is planned as a future City park, although a date for the development of the park is not known at this time. The area designated for the pump station will be within a 55-ft x 80-ft easement to be granted by the City. A commercial development with a Bank of America building is located along the eastern property line. An AT&T facility is located on the western side of the easement, The Project also includes approximately 4,700 LF of new 20-inch diameter suction and discharge pipeline along Yorba Linda Boulevard from a Zone 2 connection point at Yorba Linda Boulevard and Ohio Street to a Zone 3 connection point at Yorba Linda Boulevard and the 50- foot Southern California Edison (SCE) easement (east of Fairmont Boulevard). This area of Yorba Linda Boulevard has many existing underground utilities. In addition, the Metropolitan Water District of Southern California (MWD) 120-inch diameter Allan McCulloch pipeline (AMP) runs along the centerline of Yorba Linda Boulevard and turns north through the Gun Club Road 150-foot easement, with the centerline of the AMP located approximately 57 feet from the western property line. The 20-inch diameter Zone 2 water main (suction pipeline) will cross both the 120-inch AMP pipeline and other underground utilities to reach the pump station. The 20-inch diameter Zone 3 water main (discharge pipeline) will only cross the underground utilities and will elbow to the east before reaching the AMP pipeline. In addition, the new pressure reducing station will connect to an existing 12-inch District Zone 3 water main in the west bound lane of Yorba Linda Boulevard, also crossing beneath the underground utilities. Figures 1-2, 1-3, and 1-4 illustrate the new pipeline alignment and location of the replacement pump station. Traditional open cut construction will be used for all portions of the alignment. It is not anticipated that utility agencies will be required to relocate their facilities. Portions of replaced YLWD pipeline segment will be abandoned in place. LEE & RO, Inc. J WROJ1 )BIG2 Reguimory Carre"rinence tCE0A)l0EQA%VLWO CEQA July 201 aec N P 1fY ~ ` jWW EXISTING BOOSTER w POINTS OF CONNECTION PUMP STATION _ (EXISTING PIPEL)NE),- ...ZONE 2 PIPELINE UNDA -y,~.. a a f:` a_ -f v EXISTING PRESSURE z t _ - - REDUCING STATION } +.':i m J4 ~ : - . Ate. air - ~ ' . Y' IS ~ ~ y ~ ~ ~ a C LL t N 3 /K O 4 t Q m~ ~o ~n gn z FIGURE 1 -2 PIPE ALIGNMENT LEE&RO. Inc. City of Indusiry, California N NEW BOOSTER PUMP AND PRESSURE REDUCING STATION *44 A, m l~ If OD cc rZONE 2 PIPELINE c~ YO~Br laMDA 'LVD ► - - - - Li 71 ZON_ E 3v4PIPELINE - --.F a 'a U-j a 3w a a a o ~ ao 0. ~ ~ r O 0 /N ~ ry / j Z W o FIGURE 1-3 PIPE ALIGNMENT LEE&RO, Inc. City of Industry, Collfornia ~ Sd' Wli:}E SCE EASEMENT POINT OF CONNECTION (EXISTING PIPELINE) L i ~.3, _ - r pr .fit LLJ ZONE 3 PIPELINE .Z M ~x FAI RMONT A ELEMENTARY SCHOOL 0 i wr w4 c FIGURE 1 -4 d 4 PIPE ALIGNMENT LEE&FRO, Inc. City of Industry, California YLWD Booster Pump Station and Pipeline Project Page 7 CE©A - initial StudyJMitigated Negative Declaration July 2011 1.9 Construction Considerations: Construction of the Project is expected to begin in spring of 2012. The pipeline portion is expected to follow a three month construction schedule For the pump station, a six month construction schedule is anticipated, Construction work will occur during normal working hours, weekdays between the hours of 7 a.m, and 4 p.m. No nighttime or weekend construction hours are anticipated. At least one lane edsure during pipeline construction will be required. No traffic detours are proposed Construction activity associated with the Project will include: • Establishing traffic control within the proposed work areas • Identifying and marking the location of all buried utilities • Video record of existing street/property conditions prior to construction • Clearing the pipeline corridor and pump station site of any vegetation and asphalticoncrete • Excavating the trench corridor • Excavating the new building site • Grading the new building site • Installing and connecting the pipeline sections • Pouring the new building foundation s Constructing the new building Installing all of the necessary mechanical, electrical, and instrumentation items for the new pump station • Back-filling the trenches • Repair/replace traffic control loops in street • Repaving/re-striping the street and repairing concrete as necessary • Demolishing the existing booster pump station in Jessamyn West Park • Slurry fill all abandoned pipelines • Landscaping the site of the existing facility following removal These activities will include the use of several pieces of gas, diesel, and/or electric heavy equipment including: • Cranes Trucks • Excavators v Backhoes Loaders LEE & RO, Inc, J lP Il I Zugu:algry Correspondence (CF OA)%C FQAM W D CEQA July 2011 clac YLWD Booster Pump Station and Pipeline Project Page S CEQA - Initial StudylMitigated Negative Declaration July 2011 • Breakers Jackhammers Rollers Once constructed, the proposed pipeline will not have any associated impacts as it will be located completely underground and will require only that current service operations for the existing pipeline be continued at the new pipeline right-of-way. The new booster pump station will replace the existing facility on City owned land. 1.10 Surrounding Land Uses and Setting: Yorba Linda Water District Service Area The YLWD service area is located approximately 30 miles southeast of metropolitan Los Angeles against the foothills in Northeastern Orange County near the San Bernardino and Riverside County lines. Topography within the YLWD service area varies from about 200 feet above sea level to a high of about 1,400 feet above sea level. The climate is typical for the coastal plain of Southern California with an average rainfall of 14 inches per year and annual temperatures averaging about 53 degrees Fahrenheit between the years 1948 and 2005 YLWD is an independent special district providing water and sewer service to all of the City of Yorba Linda and portions of the Cities of Brea, Placentia, Anaheim, and unincorporated Orange County. The Population of the YLWD service area was estimated at approximately 80,000 persons with nearly 25,000 water service connections in 2010' YLWD currently has two sources of water supply: 1. Lower Santa Ana Groundwater Basin (Orange County Basin) 2, Metropolitan Water District of Southern California (MWD) (via Municipal Water District of Orange County) or MWDOC Historically, the Yorba Linda Water District has pumped approximately 50% of its total annual water supply from the Lower Santa Ana Basin through groundwater wells. The basin is contained within the Orange County Groundwater Basin, which is managed by Orange County Water District (OCWD). In 1933 OCWD was formed by a special act of the California Legislature to manage Orange County's groundwater supply and protect the County's rights to water in the Santa Ana River. OCWD is responsible for managing the use, replenishment, and protection of Orange County's groundwater basin. A Basin Pumping Percentage (BPP) is set by OCWD that mandates the percentage of groundwater production to total water supply that each of its member agencies, including YLWD, is allowed to pump. The remainder of the water supply required to meet YLWD's demands is imported from MWD via MWDOC. MWD is the largest wholesale water agency in the united States, bringing imported water from the Colorado River via the Colorado River Aqueduct and from Northern California via the State Water Protect, to a water service area that extends from Ventura to the YLWD 2005 Urban Water Management Plan LEE & RO, Inc. J %PR0J1490%G2 RegUatary Goreosroneence;(;E0A)%GEQAW1.WD CFQA July 2011 doc YLWD Booster Pump Station and Pipeline Project Page 9 CEQA - Initial StudylMitigated Negative Declaration July 2011 California-Mexico border. MWDOC was organized to acquire imported water from MWD and supply it to many agencies in Orange County. The YLWD service area can best be described as a suburban residential "bedroom" community. Retail, commercial businesses, which service the predominately suburban population, are located at various points throughout YLWD's service area. No heavy industrial or manufacturing occurs within YLWD boundaries; however, there are several small industrial centers located in the southern and eastern portions of YLWD. Currently about 99 percent of the service area is developed. The pipeline alignment will be located entirely within the developed portions of the City of Yorba Linda and will be located beneath developed public streets. The new booster pump station will replace the existing facility and will be located on City owned property. The YLWD service area, where construction will take place, do riot contain ecologically important vegetation and wildlife habitats, or sensitive plant and animal species. 1.11 Other Agencies: Metropolitan Water District of Southern. California (MWD) Municipal Water District of Orange County (MWDOC) City of Yorba Linda is another local agency of significance in the project area.. 1.12 Approval Agencies: The City of Yorba Linda must approve a traffic-control plan and the final construction plan, and issue encroachment permits for the work in public streets and on City property. Both MWD and MWDOC have significant easements and infrastructure that require review of both the proposed pipeline and pump station plans. This review will avoid conflicts with either of their infrastrrictures; therefore each must be reviewed and approved prior to start of construction. LEE & RO, Inc, ,I TRO H498*2 Re4)ula!ory Ccu"pgrGBrCR (CCQA)%GF0A%YLW0 CEQA JJy 2011 doo YLWD Booster Pump Station and Pipeline Project Page 10 CEQA - Initial Study)Mitigated Negative Declaration July 2011 2.0 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: None of the following boxes are checked, because YLWD has determined that the Project impacts will be mitigated to less than significant, have "less than significant" or "no" impacts in all categories. YLWD will prepare a draft Mitigated Negative Declaration for the Project and make it available for public information and input, in order to assist YLWD's consideration of the Project. ❑ Aesthetics Agricultural Resources Air ouality i ❑ Biological Resources ❑ Cultural Resources ❑ GeologylSoils ❑ Hazards and Hazardous ❑ HydrologyNVater Quality ❑ Land Use/Planning - Materials - - - _ v , Mineral Resources ❑ Noise Population/Housing - - ❑ Public Services Recreation ❑ I Transportation/Traffic - ~ - - - ❑ Utilities/Service Systems Mandatory Findings of Significance 3.0 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 0_. find that although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures will be implemented that will reduce the impacts to less than significant. A MITIGATED NEGATIVE DECLARATION will be pre a~- l find that the proposed Project MAY have a significant effect on the environment, and an ❑ ENVIRONMENTAL IMPACT REPORT is required. _ I find that the proposed Project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least are effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze orSy the effects that remain to be addressed. I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR ❑ pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the Project, nothing further is required. - ,Signature (Hank Samaripa - YLWD Project Engineer) Date LEE & RO, Inc, J WROA498kW Regulatory Correspoodence (CF. QAJ%CEQAIYLWD C.FQA Jr ly 2011 . doc EN YLWD Booster Pump Station and Pipeline Project Page 11 GEQA Initial StudylMitigiated Negative Declaration July 2011 4.0 ENVIRONMENTAL IMPACTS BY RESOURCE: Discussions of resource-specific impacts follow for each of the potentially affected areas. 4,1 Aesthetics: Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues & Supporting Information Sources _ Impact Incorporated Impact Impact L AESTHETICS -Would the Project: a. Have a substantial adverse effect on a scenic vista? I~ Q b, Damage scenic resources, including, but not limited to, r trees, rock outcroppings, and historic buildings within a state I-~ scenic highway?- c. Substantially degrade the existing visual character or quality of the site and its surroundings? d. Create a new source of substantial light or glare which ❑ E would adversely affect day or nighttime views in the area? - Discussion: The Project is composed of two parts, a new transmission pipeline and a new booster pump station to replace an existing booster pump station facility Implementation of the pipeline portion of the Project will not create additional permanent YLWD facilities above ground or any other permanent land disturbance or change in land use. Although the new station will be located at an alternate site, the existing station site will be landscaped to match the existing park setting. The new pump station building exterior will blend with the surrounding building facilities to avoid aesthetic impacts. The proposed Project pipeline alignment is not located along any designated scenic highway and does not require the removal of any structures or naturai features since it is located in fully improved public right-of-way and disturbed urban areas. The Project replaces an existing facility and does not create any new light sources. Implementation of the Project will not impact scenic vistas, damage scenic resources, substantially degrade the existing visual character or quality of the Project area, or create a new source of substantial light or glare, and there will be no impact to aesthetics. LEE & RO, Inc. J WROJAW31(32 Riggumtcry Urrespoinoonce {CEQA)%EOA%YLWD CEQA,July 2011 auc M YLWD Booster Pump Station and Pipeline Project Page 12 CEQA - initial Study/Mitigated Negative Declaration July 2011 4.2 Agricultural Resources; Less Than Significant Potentially With Less Than Significant Mitigation Significant No I Issues & Supporting Information Sources Im act Incorporated I Impact I pact II. AGRICULTURAL RESOURCES - In determining whether impacts to agflcultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland Would the Project; a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide lanportance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring N-A Program in the California Resources Agency, to non- tnj ,-agricultural use? - - b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? V_N c. Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in lass of Farmland, to non-agricultural use? r - Discussion: A change in land use will not occur as a result of the new pump station and pipeline facilities. The Project therefore will not directly result in the conversion of Important Farmland to non- agricultural use, conflict with existing zoning for agricultural use or a Williamson Act contract, or involve other changes that could result in conversion of Farmland to non-agricultural use, LEE & RO, Inc. J WRO A VM2 Regulatory Cal lespondence (CEOA)ICEOMYL.VVP CEOA J,Ay M. I doe © YLWD Booster Pump Station and Pipeline Project Page 13 © CEQA - Initial StudyiMitigated Negative Declaration July 2011 4.3 Air Quality: Less l han i Significant Potentially With Less. Than Significant Mitigation Significant No Issues & Supporting information Sources Impact Incorporated Irn act Impact Ill. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the t~roject: a. Conflict with or obstruct implementation of the applicable air duality plan? 0 0 b. Violate any air quality standard or contribute substantially to ~ an existing or Projected air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is Pion-attainment L~l under an applicable federal or state ambient air quality standard (including releasing emission which exceeds quantitative thresholds for ozone precursors d. Expose sensitive receptors to substantial pollutant i concentrations? e. Create objectionable odors affecting a substantial number I~l of people? Discussion: Implementation of the Project will not generate air quality emissions. The Project will not conflict with the AQMD, violate any air quality standard or result in a Cumulatively considerable increase in any criteria pollutant, or expose sensitive receptors to substantial pollutant concentrations. Dust which could be created during construction will be mitigated by wetting and the use of tarps. 'The Project will convey potable water and there will be no aspect that will create objectionable odors. The Project's construction related emissions were calculated using the Sacramento Metropolitan AQMD Model 6.3-2, based on the California Air Resources Board's 2007 EMFAC model. Emissions results are compared with significance levels published by the South Coast Air Quality Management District. The results, is shown in Tables 4-1 and 4-2 below, emissions indicate that the Project is unlikely to generate criteria air pollutants exceeding the threshold levels during construction. LEI= & R©, Inc. J WROJOWG2 R0Ud2co1y Conezpntlenw ;CEOA)ICEQA%YLWO r-EQA Jury 2011 rJos YLWD Booster Pump Station and Pipeline Project Page 14 CEQA - Initial Study/Mitigated Negative Declaration July 2011 Table 4-1: Pipeline Construction Estimated Emissions Total Air Emissions from Construction Including POV, Fugitive Dust, and Construction Equipment Est. Emissions SCAQMD Thresholds Air Pollutant (Ibsl) - (1bs/day) Si n_ifi_cant? Carbon Monoxide CO 17.9 550.00 el_ NO Reactive Organic Compaunds (ROC) 4.2 75.00 NO Nitrogen Oxides (NOx) 23.9 100.00 -NO - Particulates (PM10) 2.0 150.00 NO Source: SMAQMD Model 6.3.2, EMFAC7G, and SCAQMD CEQA Air Quality Handbook Table 4-2: Pump Station Construction Estimated Emissions Total Air Emissions from Construction Including PaV, Fugitive Dust, and Construction Equipment _ _ Est. Emissions SCAQMD Thresholds Air Pollutant (lbsfday) (IbsldayL__ -,Siqnificant? Carbon Monoxide_f ) _ 19.1 - 550.00 NO Reactive Organic Compounds_ (ROC) 3.8 75.00 NO Nitrogen Oxides (NOx X32.7 100.00 NO _Particulates PM10) 1.6 150.00- - -~NO Source: SMAQMD Model 6.3.2, EMFAC7G, and SCAQMD CEQA Air Quality Handbook _ z Impacts to air quality from construction related emissions from each portion of the Project will not be significant. No modifications to power generation facilities will be required, and existing facilities will be used in accordance with existing operating procedures; thus, no conflicts with air quality plans will occur. The Project will not violate any air quality standard or contribute substantially to an existing or projected air quality violation: result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non-attainment under any applicable federal or state ambient air quality standard; expose sensitive receptors to substantial pollutant concentrations, or create objectionable odors affecting a substantial number of people. LEE & RO, Inc. J wR014981G2 Kcguinoy CUreesponcerro (OFQA)1000AIYY WD CCQA,lydy 2041 dor YLWD Booster Pump Station and Pipeline Project Page 15 CEQA - Initial Study/Mitigated Negative Declaration July 2011 4.4 Greenhouse Gas Emissions: Less Than Significant Potentially With Less Than Issues & Supporting Information Sources Significant Mitigation Significant No l impact incorporated Impact Impact IV. GREENHOUSE GAS EMISSIONS - Where available, the significance criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the ~ Protect. - ` I a. Generate greenhouse gas emissions, either directly or F] El 1-1 indirectly, that may have a significant impact on the I environment b. Conflict with an applicable plan, policy or regulatior adopted for the purpase of reducing the emissions of greenhouse gases? Discussion: The Project may generate additional greenhouse gas emissions as the new facility will require larger electric motor pumps. These large electric motors require an electrical source supplied by Edison's Power Generation Facility.. Though construction of the Project will generate emissions of greenhouse gases, these impacts will only be temporary during the construction activities. Maintenance of the pipeline will be similar to that required by the existing pipeline. There will be no net increase in greenhouse gas emissions for this portion of the Project. Therefore, impacts from greenhouse gas emissions will be less than significant. LEE & RO, Inc. J WROJ14f 8%0>2 ReguhnloryCorrespondence (C OAIkCI?OAWLWD GE(E A Joly "011 ddr YLWD Booster Pump Station and Pipeline Project page 16 CEQA - Initial Study/Mitigated Negative Declaration July 2011 4.5 Biological Resources: - Less Than Signif cant Potentially With Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact V, BIOLOGICAL. RESOURCES -Would the Project _ a. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a Q candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? - - - b. Have a substantial adverse impact on any riparian habitat _ or other sensitive natural commLrnity identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U & f=ish and Wildlife Service? _ c. Adversely impact federally protected wetlands (including, _ but not limited to, marsh, venial pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or ❑ ❑ migratory wildlife corridors, or impede the use of wildlife nursery sites? - - _ e. Conflict with any local policies or ordinances protecting J biological resources, such as a tree preservation policy or ordinance? _ f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Communities Conservation Plan, kaj or other approved local, regional, or state habitat conservation Plan? - - - - - - - F Discussion: Construction and completion of this Project will not require undeveloped land disturbance or change in land use in any area that is biologically sensitive. The Project will not directly adversely affect candidate, sensitive, or special status species, riparian habitat or other sensitive natural communities, or federally protected wetlands; interfere with the movement of any fish or wildlife species or impede the use of native wildlife nursery sites; conflict with any local policies or ordinances protecting biological resources; or conflict with the provisions of an adopted Habitat Conservation Plan (HCP), Natural Communities Conservation Ran (NCCP), or other approved, local, regional, or state habitat conservation plan. LEE & RO, Inc, J WRGJt M62 RoguWoTy Correspondence (CEQA)YCEQAGYLWD CEQA July 2011 doc. YLWD Booster Pump Station and Pipeline Project Page 17 CEQA - Initial Study/Mitigated Negative Declaration July 2011 4.6 Cultural Resources: Less Than 's Significant Potentially Less Than Significant Mitigation Significant No Issues & supporting Information Sources impact lncorporp ed i Empacl_ Impact VI. CULTURAL RESOURCES - Would the Project: a, Cause a substantial adverse change in the significance of a U historical resource as defined in Section 15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? _ d. Disturb any human remains, including those interred ❑ outside of formal cemeteries? _ Discussion: The Project will be composed of two parts; a new transmission pipeline and a new booster pump station to replace the existing facility. The new station will be located at an alternate site, while the existing station site will be cleared and landscaped to match the existing park setting. Thus, implementation of the Project will not require the grading of undisturbed native soils or other land disturbance in an area that might contain artifacts. The Project will be located onlin fully improved streets and in previously graded and disturbed areas. No structures will be directly impacted by the construction of the Project. Therefore, the Project will not directly cause a substantial adverse change in the significance of historical or archaeological resources, directly or indirectly destroy a unique paleontological resource or site or unique geologic feature, or disturb any human remains. LEE & RO, Inc. J WI ROA498= Reg. latory Correspondence S CEOAy1CEOA%YL W D CEDA A4V 2011. doc YLWD Booster Pump Station and Pipeline Project Page 18 CEQA - Initial StudyJMitigated Negative Declaration July 2011 4.7 Geology and Soils: - - Less Than - Significant Potentially With Less Than Significant Mitigation Significant No Issues & Su porting Information Sources Impact Incorporated Impact Impact VII. GEOLOGY AND SOILS - Would the Project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: - - ij Rupture of a known earthquake fault, as delineated on the rnost recent Alquist-Priolo Earthquake Fault Zoning ❑ ❑ Map issued }ay the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology_§pecia_I Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic-related ground failure, including liquefaction? ❑ ❑ ❑ Z iv) Landslides? - ❑ ❑ ❑ b. Would the Project result in substantial soil erosion or the ❑ ❑ ❑ loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and ❑ ❑ Z potentially resu4 in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse`? d. Be located on expansive soil, as defined in Table 18-1-8 of ❑ ❑ ❑ Z the Uniform Building Code (1994) creating substantial risks to life or prropert+L? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems, ❑ ❑ ❑ where sewers are not available for the disposal of waste [water?- Discussion: Implementation of the Project will not require the construction of new habitable structures or facilities where residents or workers will be housed. Where are earthquake fault zones (Yorba Linda Quadrangle, 111180, hj"://wwwvquake ca gOV/gmat)s/ap/ap iinaps.htm) located within the City, However, the Project will not cross or be situated on a fault line, The Project will not directly expose people or structures to potential substantial adverse effects, including the risk of lass, injury, or death involving rupture of a known earthquake fault, strong seismic ground shaking, seismic-related ground failure, or landslides; or result in substantial soil erosion or the loss of topsoil. Because no habitable structures will be created, no impacts related to expansive soils or septic tanks or other wastewater systems will occur. Therefore, the Project will not expose people or structures to potential substantial adverse effects, including the risk of, injury, death or loss of property, LEE & RO, lnc. .i lPROJi4981G2 Regulatory Correspai7dence (CEOA)4GFQALYr.WD CE QA JL9y 2417 acc YLWD Booster Pump Station and Pipeline Project Page 19 921 CEQA - Initial Study/Mitigated Negative Declaration July 2011 4.8 Hazards and Hazardous Materials: - l Less Than - - - Significant Pokentially With Less Than Significant Mitigation Significant Na Issues & Supporting Information Sources Impact Incorporated Impart Impact IX. HAZARDS AND HAZARDOUS MATERIALS - Would the Project: _ a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous r-1 materials? I~ b. Create a significant hazard to the public or the environment through the reasonably foreseeable upset and accident conditions involving the likely release of hazardous materiats into the environment? _ c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing ooUrofosed school? d. Is the Project located on a site which is included on a list of hazardous materials sites compiled pursuant to Government ❑ I Code Section 65962.5 and, as a result, would it create a s§J . nificant hazard to the public or the e_nvironrnent? e For a Project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a F7 public: airport or public use airport, would the Project result in a safety hazard for people residing or working in the Project _area? f. For a Project within the vicinity of a private air strip, would _ ❑ F7 the Project result in a safety hazard for people residing or working_ m_the Project area? g. Impair implernentation of or physically interfere with an adopted emergency response plan or emergency evacuation Ian? h. Expose people or structures to the risk of loss, injury or death involving wildland fires, including where wildlands are EE adjacent to urbanized areas or where residences are intermixed with wildlands? EZ Discussion: implementation of the Project will not use hazardous materials, will not modify existing YLWD facilities that use hazardous materials, or affect any other land disturbance or change in land use that might decrease safety. No elements of the Project will emit hazardous emissions within one-ClUarter- mile of an existing or proposed school, no development of sites containing hazardous materials will occur, and no actions or structure will occur that could impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, or expose people or structures to a significant risk of loss, injury, or death involving wildland fires. LEE & RO, inc. J WR0i%4GB%G2 Regulatory Correspondence {CEOA)~ CEQAWLWD UQA July 201 t Wr. Ct7U YLWD Booster Pump Station and Pipeline Project Page 20 CEQA - Initial Study/Mitigated Negative Declaration July 2011 4.9 Hydrology and Water Quality: - I Less Than - - Significant Potentially With Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated In1pact !m acct X. HYDROLOGY AND WATER QUALITY - Would the Project: i - 771 a. Violate any water quality standards or waste discharge requirements? - i b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there Will be a net deficit in aquifer volume or a lowering of the tocai groundwater table level (i.e., the production rate of tare-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a LL\j stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site j or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? e. Create or contribute runoff water which would exceed the El IVX7/1 capacity of existing or planned stormwater drainage systems or provide substantial additional sources of I muted runoff? _ f. Otherwise substantially degrade water duality? i_ - - - _ _ __E:1 l g, Puce housing within a 100-year floodplain, as snapped on El ❑ L 1 a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 100-year floodplain structures which would impede or redirect food flows? _ i, Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of _a levee or dam? j. Inundation by seiche, tsunami, or mudflow? F7 Discussion: Implementation of the Project will not require the construction of new YLWD facilities or any other land disturbance or change in land use, LEE & RO, Inc. J WROJW984G2 Requlalary C,U1f0.Wnd0nce (CFQA)XCFQASYLW0 CEQA July 2611 doc YLWD Booster Pump Station and Pipeline Project Page 21 CEQA - Initial Study/Mitigated Negative Declaration July 2011 The Project will not result in impacts to water quality, because water transported will be required to meet all applicable drinking water standards and water quality criteria. YLWD has no discharge permits reguiating water duality and is only regulated with regard to the drinking water quality of distributed potable water. It is the actual use of the imported water and discharge after use (i,e., as wastewater) that has the potential to affect water quality of surface waters. This potential impact was considered in the Los Angeles Regional Water Quality Control Board Water Quality Control Plan (Basin Plan) for the Coastal Watersheds of Los Angeles and Ventura Counties (1994, as amended). implementation of the Project will not directly result in the violation of any water quality standards or waste discharge requirements. The Project will not lead to the depletion of groundwater supplies. The additional pumping capacity realized through the larger pipeline segment and new pump station is to deliver groundwater with the intention of scaling back on water purchased from MWDOC. The amount of groundwater available for use is strictly regulated by the Orange County Water District (OCWD) as they are responsible for managing the use, replenishment, and protection of Grange County's groundwater basin. A Basin Pumping Percentage (BPP) is set by OCWD that mandates the percentage of groundwater production to total water supply that each of its member agencies, including YLWD, is allowed to pump. The Project will not interfere with groundwater recharge or alter any existing drainage pattern, create or contribute runoff water, or serve as a source of polluted runoff since the ground surface will be restored after construction. There is no aspect of the Project that will otherwise substantially degrade water quality. The Project will not construct any housing or above ground structures within a 100-year flood hazard area or expose people or structures to a significant risk of loss, injury, or death involving flooding; or result in inundation by seiche, tsunami, or.mudflow. LEE & RO, Inc. J WF40 l4WG2 R.c, u.olury Cceresponuanaa YCEQA°)TEQAWLVV0 CEQA July 2011 doc YLWD Booster Pump Station and Pipeline Project page 22 CEQA - Initial Study/Mitigated Negative Declaration July 2011 4.10 Land Use and Planning: 7 Less Than Significant Potentially With I Less Than Significant Mitigalian Significant No Issues & Supporting Information Sources _ - e Impact Incorporated Im act -Imp cf XI. LAND USE AND PLANNING - Would the Project: a. Physically divide an established Community? 0 ~1 b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the Project (including, but not limited to the general plan, specific plan, {ccal coastal program, or zoning ordinance) adopted far the - purpose of avoiding or mitigating an evironmental effect? c. Conflict with any applicable habitat conservation plan or I natural communities' conservation plan? Discussion: Although there will be permanent land disturbance a result of the replacement pump station, the existing pump station site will be landscaped to match the existing park setting. The new pipeline will be installed belowground and will not require permanent land disturbance. Both aspects of the Project will not require a change in land use designation. Above ground permanent construction will be needed for the booster pump station only. However, the Project will not physically divide an established community. The Project will not result in direct significant environmental impacts and thus will not directly conflict with an applicable land use plan, policy, or regulation of any agency with jurisdiction over the Project adopted for the purpose of avoiding or mitigating an environmental effect. Therefore, there Mi be no impact to land use and planning. LEE & RO, Inc. .J tiPROJ5AOEW2 RagulalDry Correspondence (CFQA)ICEQMY1,WD CEQA July 2011 dnc YLWD Booster Pump Station and Pipeline Project Page 23 CEQA - Initial StudylMitigated Negative Declaration July 2011 4.11 Mineral Resources. Less Than i Significant Potentially With Less Than Significant i Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated I npact Impact XII. MINERAL RESO 1RCES - Would the Project; a. Result in the loss of availability of a known mineral resource L~ E 0 that Will be of value to the region and the residents of the state? b. Result in the loss of availability of a locally important n ~ ❑ mineral resource recovery site delineated on a local general I_I lap n. sped#ic plan, or other land uslan? Discussion; Although implementation of the pump station portion of the Project will result in permanent land disturbance at the new site, this is offset by landscaping the existing facility site to match the existing park setting. The new facility site has been developed previously. Thus, implementation of the Project will not require the construction of new (net) facilities, or any other land disturbance or change in land use, The Project occurs within the fully developed portions of the City of Yorba Linda. The Project will not require the use of mineral resources once constructed nor prevent access to ground based mineral resources. The Project, therefore, will not result in the loss of availability of a known mine4 resource that will be of value to the region and the residents of the state-, or result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plate. Therefore, the Project will not impact mineral resources. LEE & RO, Inc. J WROA4%B G2 Rcoi,lalory Correspandence (C[QA)1Cf OXYLWO CEDA July 2615 doc YLWD Booster Pump Station and Pipeline Project Page 24 CEQA - Initial StudylMitigated Negative Declaration July 2011 4.12 Noise: F Less Than Significant Potentially With Less Than Significant Mitigation Significant No issues & Supporting Information Sources Impact Incorporated Impact Impact r - - Xiil. NOISE - Would the Protect resent in_ a. Exposure of persons to or generation of noisy; levels in excess of standards established in the local general plan or ❑ ❑ ❑ noise ordinance, or applicable standards of other agencies?__ b- Exposure of persons to or generation of excessive ❑ ~i_❑ ❑ Qi groundborne vibration or groundborne noise levels? c. A substantial permanent increase in ambient noise levels in ❑ t~ i-1 the Project vicinity above levels existing without the Project? d. A substantial temporary or periodic increase in ambient ~I noise levels in the Project vicinity above levels existing without ❑ 0 M Ll the Project? _ _ I e. For a Project located within an airport land use plan or, 1 where such a plan has not been adopted, within two miles of a public., airport or public use airport, would the Project expose ❑ ❑ ❑ people residing or working in the Project area to excessive V \1 noise levels? f For a Project within the vicinity of a private air strip, would the Project expose people residing or working in the Project ❑ ❑ ❑ area to excessive noise levels? Discussion: During construction of the pipeline and replacement pump station. there will be temporary or periodic increase in ambient noise levels that can be mitigated using good construction practices. The Project will temporarily generate noise as a result of pouring concrete, building construction, installing mechanical equipment, Construction equipment digging trenches, installing pipe, backfilling, asphalt replacement, and street work. During construction the Project will temporarily expose persons to or generate noise levels in excess of ambient noise levels, but does not involve pile driving or other construction techniques that will generate or expose persons to ground-borne vibration or ground-borne noise levels. The project requires the use of equipment only briefly in a given area as the pipeline will be constructed at a rate of at least 100 feet per day resulting in noise impacts only briefly in a given area. The pump station work will be bordered on one side by a commercial area- Limiting that work to daytime hours consistent with the City of Yorba Linda's noise ordinance will keep construction related noise impacts to a less-than-significant level. The Project wilj not involve construction located within an airport land use plan, within two miles of a public airport, or in the vicinity of a private airstrip. During operation, after construction is complete, the pipeline and replacement pump station (includes acoustical louvers, door seals, and a parapet surrounding the roof-mounted exhaust fan) will not have any noise generating features that expose persons to noise levels above existing operational standards established in the local general plan, noise ordinance, or applicable standards of other agencies. Thus impacts from noise will be less than significant. LEE & RO, Inc. J WRU,4 MG2 Rngu'°:HOry Ccrresponelerco (CEQAT CEGAMWO CEaA ,luly 2011 doe YLWD Booster Pump Station and Pipeline Project Page 25 CEQA - Initial Study/Mitigated Negative Declaration July 2011 4.13 Population and Housing: - - - Less Than Significant Potentially With Less Than Significant Mitigation Significant + No Issues & SUDDortinc Information Sources I111pact Incorporated Impact Impact XIV.- POPULATION AND HOUSING - Would the Project: a. Induce substantial population growth in an area, either V directly (for example, by proposing new homes and F7 businesses) or indirectly (for example, through extension of roads or other infrastructure)? _ b. Displace substantial numbers of existing housing, El n necessitating the construction of replacement housing elsewhere? , c. Displace substantial numbers of people, necessitating the FE Q construction of replacement houssneg elsewhere? Discussion: The construction of the Project will not require the removal or temporary closure of any habitable structures. The new transmission and pumping facilities will not increase the total volume of water delivered within the service area or result in the creation of new homes or businesses or otherwise directly/indirectly induce population growth. Over 90% of the service area is developed. The Projected City populatiotl growth is not directly or indirectly related to the water delivery infrastructure associated with this Project. The Project will not displace any existing housing, necessitating construction of replacement housing, or displace substantial numbers of people, necessitating construction of replacement housing. Therefore the Project will not impact population and housing. LEE & RO, Inc. J 4PROJW98NG2 Rugulaia°y Correspocidence (CEQA)1CFOAIYLWO CFOA July 701.1 0- ET-4-111111111 YLWD Booster Pump Station and Pipeline Project Page 26 T~ CEQA - Initial Study/Mitigated Negative Declaration July 2011 4.14 Public Services: Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact I Incar op rated Impact linpact XV. PgBLIC SERVICES - Would the Project a. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant envirorimentai impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ Police protection? ❑ ❑ Schools?! ❑ ❑ Parks? ❑ ❑ ❑ i Other public facilities? ❑ Discussion. The Project will not result in increased development that will require new or expanded public services. The Project does not involve the provision of new or physically altered governmental facilities or result in the need to construct new or physically altered governmental facilities The Project will have no impact on public services. LEE 8& R4, Inc. J WROJt498kG2 Regulatory corrunpondence (CEQA)VCEQAVYLWD CEQA J~:y 2Cl i doo KT7M YLWD Booster Pump Station and Pipeline Project Page 27 CEQA - Initial StudylMitigated Negative Declaration July 2011 4,15 Recreation: Less 'rhan Significant Potentially With Less I han Significant Mitigation Significant No Issues & Supporting Information Sources - - _Irn aact -Incorporated Impact impact XVI. RECREATION ! a. Would the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the Project include recreational facilities or require the I I construction or expansion of recreational facilities which might have an adverse physical effect on the environment? i i Discussion: The Project will not result in new residents or local employees and, therefore, will not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility will occur or be accelerated. This project does add area to the Jessamyn West Park by re-landscaping the existing pump station area after pump station is relocated to the alternative site. LEE & RO, Inc. J WROA4MG2 Regilarary CLUOspondence iCEQAykCEQkYLWG CEOA.July 2011 do: YLWD Booster Pump Station and Pipeline Project Page 28 CEQA - Initial Study/Mitigated Negative Declaration July 2011 4.16 TransportationlTraffic: - Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact lrnpact XVII. TRANSPORTATIONITRAFFIC Would the Project: a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system ❑ ❑ ❑ (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or Cumulatively, a level of ❑ ❑ ❑ service standard established by the county congestion Itranagemenncy for dosi nated roads or highways? c. Result in a change in air traffic patterns, including either an ❑ ❑ ❑ increase in traffic levels or a change in location that results in substantial safes risks? _ d. Substantially increase hazards to a design feature (e.g., ❑ ❑ ❑ sharp curves or dangerous intersections) or incompatible uses (e. g_, farm a ui men) V_ - e. Result in inadequate emergency access? ❑ ❑ ❑ I. Result in inadequate parking capacity? ❑ ❑ ❑ `~C g. Conflict with adopted policies supporting adtemative ❑ ❑ ❑ transportation e.g., bus turnouts, bicycle racks)? - Discussion: During construction the Project will require temporary modification of vehicle traffic patterns within the specific work areas. A traffic control plan will be prepared and submitted to the City of Yorba Linda for approval prior to Project construction and will be implemented in areas where the Project will be in public streets to mitigate adverse impacts, The City issues encroachment permits for the work in public street/bicycle paths and City property. The Project will not change air traffic patterns since all features are below ground or not of significant height. The Project will not increase hazards to a design feature or incompatible uses; result in inadequate emergency access; result in inadequate parking; conflict with adopted policies supporting alternative transportation. The Project will have no significant impact on transportation/traffic, LEE & RO, Inc, J SPROJv*81G2 Regulatory CotresRordence (GEOA)TEQMYLW6 CEQA July 2011 doc YLWD Booster Pump Station and Pipeline Project Page 29 CEQA - Initial 5tudylMitigated Negative Declaration July 2091 4.97 Utilities and Service Systems: I- __T Less Than--T- Significant Potentially With Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incor orated Irn act Impact xVlll. UTILITIES AND SERVICE SYSTEMS -Would the Project: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ❑ ❑ ❑ r b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant ❑ ❑ ❑ M environmental effects? _ c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental ❑ ❑ ❑ z effects? _ - - - d. Have sufficient water suppiies avai#able to serve the Project I from existing entitlements and resources, or are new or ❑ ❑ ❑f ended entitlements needed? _ e. Result in a determination by the wastewater treatment r provider which serves or may serve the Project that it has adequate capacity to serve the Project's Projected demand in ® ❑ ❑ addition to the provider's existing commitments? f. Bc served by a landfill with sufficient permitted capacity to ❑ ❑ ❑ accommodate the Projects solid waste disposal needs? g. Comply with federal, state, and local statues and ❑ regulations related to solid waste'r' J u - J Discussion: The Project will not generate any wastewater or require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, The Project is part of the drinking water conveyance system and will not require a net increase in the water supply. The pump station portion of the Project will not require or result in the construction of new storm water drainage facilities. Storm flow from the site will be directed to existing conveyance structures and/or allowed to percolate. The Project will not result in increased solid waste disposal needs during operation, and will comply with federal, state, and local statutes and regulations related to solid waste during construction. The Project will have a beneficial impact to YLWD's water supply, because it provides increased flow rates and the stable water pressures within the existing potable water conveyance system. The Project will have no impact on utilities and service systems. LEE & R0, Inc. J.%PROJW9MG2 Regulatory Correspondwice (CEQA)1CEOAMV1() CEQA July 2011 doc YLWID Booster Pump Station and Pipeline Project Page 30 CEQA - Initial Study/Mitigated Negative Declaration July 2011 4.18 Mandatory Findings of Significance: Less Than &gnificant Potentially With I.ess Than Significant Mitigation Significant No Issues & Sup orting information Sources Impact Incorporated Impact Impact l XIX. MANDATORY FINDINGS OF SIGNIFICANCE a. Does the Project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fishy or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? - b. Does the Project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable'' F-1 means that the incremental effects of a Project are considerable when viewed in connection with the effects of past Projects, effects of other current Projects, and the effects of probable future Prole cfs. - - - - c. Does the Project have environmental effects which will u cause substantial adverse effects on human beings, either directly ar indirectly? - - - - Discussion: a) The Project does not have the potential to temporarily degrade the quality of the environment; temporarily impact habitat of fish or wildlife species, threaten to temporarily impact a plant or animal community; restrict the range of a rare or endangered plant or animal. The Project will not have significant impacts to examples of California history or prehistory as documented in the Cultural Resources Section of the Initial Study. b) The Project will have less-than-significant temporary impacts during construction, which will not be cumulatively considerable in combination with those of other Projects due to the localized and temporary nature of the impacts documented in the Initial Study. This, includes potential impacts from other development Projects and water supply Projects. The Project will have a beneficial impact to YLWD's water customers, because it will deliver lower cost groundwater and reduce the demand for surface water originating from the Colorado River Once completed, the Project will allow the Pipeline to function at increased capacities compared to the existing line. The improvement in local system water capacity will not constitute the removal of an obstacle to growth, as the increase one supply will be offset by reduction in another, thereby indirectly inducing population growth and cumulative impacts. Therefore, the Project will not result in a significant cumulative impact. c) fused on the analysis of the Project's impacts in the other categories of the Initial Study Checklist the Project's impacts, there will be less-than-significant temporary impacts during construction and there will be no impacts during operation that will cause substantial direct or indirect adverse effects on human beings. The Project will result in less than significant temporary impact to air quality; greenhouse gas emissions noise; and transportationitraffc during construction. The Project will not impact hazards and hazardous materials and utilities and service systems. Therefore, there will not be any substantial adverse direct or indirect effects on human beings. LEE & RO, Inc. J WRO.t5d984("a2 Ragolatory COrrespondoneL gCF0A)%CECAlv1-wU CEQA.Vy 2011 qoc U YLWD Booster Pump Station and Pipeline Project Page 31 CEQA - Initial Study/Mitigated Negative Declaration July 2011 5.0 LIST OF PREPARERS: Yorba Linda Water District o Steve Conklin, P.E., Engineering Manager 0 Hank Samaripa, Project Manager, Yorba Linda Water District 4 LEE & RO, Inc. * Tom Holliman, P.E., Managing Engineer o David Imam, P.E., Project Engineer 6.0 REFERENCES: Yorba Linda Water District Yorba Linda Blvd. Booster Pump Station and Pipeline Project Bequest for Proposal, October 2010. a Yorba Linda Water District Urban Water Management Plan, 2005. O Sacramento Metropolitan AQMD, Emissions Model 6.3.2. • California Air Resources Board's 2007 EMFAC Model, . Y South Coast Air Quality Management District, CEQA Air Quality Handbook, 1993 LEE & RO, Inc. J VPROJ14WG7 Regulwary Corresvcareence (CF0A)IGF(1A)YLWD CEOA Jury 2011 ooc EXHIBIT "B" Attached MITIGATION MONITORING REPORTING PROGRAM E)(HIBIr %11 6 11 Yorba Linda Blvd. Booster Pump Station and Pipeline Project Page 1 Mitigation Monitoring and Reporting October 2011 MITIGATION MONITORING AND REPORTING PLAN YORBA LINDA WATER DISTRICT YORBA LINDA BLVD. BOOSTER PUMP STATION AND PIPELINE (PROJECTS) Construction of the two Projects is expected to begin in spring of 2012. The pipeline project will occur first and is expected to follow a six month construction schedule. The pump station project will follow, where a nine month construction schedule is anticipated. Pipeline construction work will occur, weekdays between the hours of 9 a.m. and 3 p.m. and the Pump Station construction hours will be weekdays between the hours of 7 a.m. and 4 p.m. Once constructed, the pipeline will not have any associated impacts as it will be located completely underground and will require only that current service operations for the existing pipeline be continued at the new pipeline existing right-of-way. The new booster pump station will replace the existing facility on City-owned land. Traffic: During construction of the Pipeline Project temporary modification of vehicle traffic patterns in Yorba Linda Blvd. will be required within the specific work areas. A traffic control plan will be prepared and submitted to the City of Yorba Linda for approval prior to Pipeline Project construction and will be implemented in areas where the Pipeline Project will be in public streets to mitigate adverse impacts. At least one lane closure during pipeline construction will be required. No traffic detours are proposed. Lane closures will be limited. During construction of the Pump Station Project there will be no impact to traffic in Yorba Linda Blvd. Construction announcements will be sent out to notify the public of the construction and to encourage considering alternate routes. Biological Monitoring Not Anticipated: Construction and completion of this Project will not require undeveloped land disturbance or change in land use in any area that is biologically sensitive. The Project will not directly adversely affect candidate, sensitive, or special status species, riparian habitat or other sensitive natural communities, or federally protected wetlands; interfere with the movement of any fish or wildlife species or impede the use of native wildlife nursery sites; conflict with any local policies or ordinances protecting biological resources; or conflict with the provisions of an adopted Habitat Conservation Plan (HCP), Natural Communities Conservation Plan (NCCP), or other approved, local, regional, or state habitat conservation plan. Cultural Monitoring Not Anticipated: The new pump station will be located at an alternate previously disturbed site, while the existing station site will be cleared and landscaped to match the existing park setting. Thus, implementation of the Pump Station Project will not require the grading of undisturbed native soils or other land disturbance in an area that might contain artifacts. The Pipeline Project will be located on/in fully improved streets and in previously graded and disturbed areas. No structures will be directly impacted by either project's construction. Therefore, the Projects will not directly cause a substantial adverse change in the significance of historical or archaeological resources, directly or LEE & RO, Inc. IN Yorba Linda Blvd. Booster Pump Station and Pipeline Project Page 2 Mitigation Monitoring and Reporting October 2011 indirectly destroy a unique paleontological resource or site or unique geologic feature, or disturb any human remains. If human remains are discovered, the Owner shall immediately notify the Orange County Coroner's office under state law (California Health and Safety Code § 7050.5) and all activities in the immediate area of the find must cease until appropriate and lawful measures have been implemented. If the Coroner determines that the remains are Native American, the Coroner shall contact the NAHC (California Public Resources Code § 5697.98). The NAHC will designate a Most Likely Descendent who will make recommendations concerning the disposition of the remains in consultation with the lead agency and Project archaeologist. Noise: During construction of the pipeline and replacement pump station, there will be a temporary or periodic increase in ambient noise levels that can be mitigated using good construction practices. Both projects will temporarily generate noise as a result of pouring concrete, building construction, installing mechanical equipment, construction equipment digging trenches, installing pipe, backfilling, asphalt replacement, and street work. The Pipeline Project requires the use of equipment only briefly in a given area as the pipeline will be constructed at a rate of approximately 100 feet per day resulting in noise impacts only briefly in a given area. The pump station work will be bordered on one side by a commercial area. Limiting that work to daytime hours consistent with the City of Yorba Linda's noise ordinance will keep construction-related noise impacts to a less-than-significant level. Both projects will not involve construction located within an airport land-use plan, within two miles of a public airport, or in the vicinity of a private airstrip. During operation, after construction is complete, the replacement pump station (which includes acoustical louvers, door seals, and a parapet surrounding the roof-mounted exhaust fan) will not have any noise-generating features that expose persons to noise levels above existing operational standards established in the local general plan, noise ordinance, or applicable standards of other agencies. Thus impacts from noise will be less than significant. The City of Yorba Linda has a noise ordinance to restrict noises to nearby residences. Section 8.32.060 of the City's Municipal Code makes it unlawful for any person to create any noise which causes the noise level measured on any residential property to exceed the following: Noise Level Shall Not Exceed More Than Day Time Night Time 30 minutes in a hour 55 dBA 50 dBA 15 minutes in a hour 60 dBA 55 dBA 5 minutes in a hour 65 dBA 60 dBA 1 minute in a hour 70 dBA 65 dBA An period of time 75 dBA 70 dBA LEE & R0, Inc. M Yorba Linda Blvd. Booster Pump Station and Pipeline Project Page 3 Mitigation Monitoring and Reporting October 2011 Construction Noise: Construction noise shall be reduced at construction sites to meet the above noise ordinance and prior notification of construction timing and duration with a request to keep windows closed during construction. Impact: Construction will occur in the immediate vicinity of sensitive receptors Party Responsible for YLWD and Contractor Implementation: Agency Responsible for YLWD Monitorin : Monitoring Method: Site Inspector shall review noise generation and report violations Documentation of Compliance: Date: Initial: Pump Station Operation Noise: The following maximum equipment sound levels shall be included in the project specifications: Maximum Sound Maximum Sound Power Level, L,„ Pressure Level, LP, Equipment Item Under Full Load Under Full Load Electric vertical turbine pump 108 dB(A) @ 3 feet 97 dB(A) @ 3 feet motor Transformer (in electrical room) 55 dB(A) @ 3 feet 44 dB(A) @ 3 feet Exhaust fan 59 dB(A) @ 3 feet 48 dB(A) @ 3 feet Transformer (outdoors) 71 dB(A) @ 3 feet 60 dB(A) @ 3 feet Impact: Construction will occur in the immediate vicinity of sensitive receptors Party Responsible for YLWD and Contractor Implementation. Agency Responsible for YLWD Monitoring: Monitoring Method: Site Inspector shall review noise generation and report violations Documentation of Compliance: Date: Initial: LEE & R0, Inc. K Yorba Linda Blvd, Booster Pump Station and Pipeline Project Page 4 Mitigation Monitoring and Reporting October 2011 Hazard and Hazardous Materials: If contaminated soil is encountered during construction, the Orange County Health Care Agency (HCA) in Santa Ana, the local Certified Unified Program Agency (CUBA), will be notified of the discovery. The impacted soil will be handled and disposed of in accordance with the requirements of the CUPA. Impact: Project construction may encounter contaminated soils Party Responsible for YLWD and Contractor Implementation: Agency Responsible for YLWD and HCA Monitoring: Monitoring Method: On site inspection during construction Documentation of Compliance: Date: Initial: Particulates (PM) and Gas Emissions: During construction, Contractor is required to comply with Air Quality Management District (AQMD) regulations. Inspector will check that the equipment meets AQMD emissions requirements. Dust and particulates (PM) emissions will be mitigated using water sprays as required. Impact: Project construction may encounter contaminated soils Party Responsible for YLWD and Contractor Implementation: Agency Responsible for YLWD and HCA Monitoring: Monitoring Method: On site inspection during construction Documentation of Compliance: Date: Initial: Erosion and Sediment Transport Control: In addition, prior to, during, and after earthmoving or excavation operations, the CONTRACTOR shall implement Best Management Practices (BMPs) to reduce potential erosion and sedimentation impacts. These BMPs will include but are not limited to the following: 1. A minimum number of access points for construction vehicle entry/egress will be designated to prevent vehicle trackout of sediments, and traffic shall be prohibited over exposed soils during wet weather or when the construction site is saturated or muddy. LEE & R0, Inc. Yorba Linda Blvd. Booster Pump Station and Pipeline Project Page 5 Mitigation Monitoring and Reporting October 2011 2. Flags, markers, and/or temporary fences shall be installed prior to construction activities to avoid soil disturbance outside of the construction easements. 3. All material excavated shall be sufficiently watered to prevent excessive amounts of dust, Watering, with complete coverage, shall occur at least twice daily, preferably in the late morning and after work is done for the day. 4. All earthmoving or excavation activities shall cease during periods of high winds (i.e., greater than 25 mph average over 1 hour). 5. Any material transported offsite shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. 6. The area disturbed by earthmoving or excavation operations shall be minimized at all times. 7. Onsite construction-related vehicle speed shall be limited to 15 mph. 8. Disturbed areas shall be stabilized as quickly as possible. 9. At a minimum, sandbag dikes, silt fences, straw bales, or equivalent control practices shall be used for all significant sideslope and downslope boundaries on the construction area. 10. At the end of each workday, sediment shall be thoroughly swept from paved areas. 11. Keep runoff away from disturbed areas during construction. 12. Direct flows over vegetated areas where possible, prior to discharge into public storm drainage systems. 13. Trap sediment before it leaves the site, using such techniques as sandbags, and/ or silt fences. Potential erosion and sedimentation impacts lmpact: during construction. Party Responsible for Implementation: Contractor Agency Responsible for Monitoring: YLWD Monitoring Method: On site inspection during construction Documentation of Compliance: Date: Initial: LEE & RO, Inc. ITEM NO. 8.4 AGENDA REPORT Meeting Date: December 22, 2011 Budgeted: Yes Total Budget: $60,000 To: Board of Directors Funding Source: Operating Funds From: Ken Vecchiarelli, General Account No: 1-7030-0780-00 Manager Presented By: Gina Knight, HR/Risk Manager Dept: Human Resources/Risk Management Reviewed by Legal: Yes Prepared By: Amelia Cloonan, Personnel Technician Subject: Approval of a Professional Services Agreement with Aspen Risk Management Group SUMMARY: Staff budgeted funds in the current fiscal year to retain a professional safety consultant to review and assess the District's safety related programs and to establish documented procedures and policies to assure compliance with State and federally mandated and regulated safety requirements. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to execute a Professional Services Agreement with Aspen Risk Management Group to provide safety-related consulting services to the District. COMMITTEE RECOMMENDATION: At its meeting held November 8, 2011, the Personnel-Risk Management Committee reviewed the request for the District to enter into a Professional Services Agreement with Aspen Risk Management Group for the provision of safety-related consulting services. The Committee supports staff's recommendation. DISCUSSION: The objective of contracting with a safety consultant is to assist the District in Cal-OSHA compliance, revising and updating existing safety-related programs, facilitating inspections and improving the overall safety culture of the District. On August 23, 2011, the District sent out a request for proposal for safety-related services to six vendors. Three qualified candidates responded by the closing date on September 28, 2011. The proposals were reviewed and interviews scheduled for October 20 and 21, 2011. Gina Knight, Human Resources Manager, and Peter Kuchinsky, ACWA/JPIA's Risk Manager, were the interview panelists. Based on their proposal response, presentation and participation in the interview process, Aspen Risk Management Group was selected as the final candidate. The District desires to enter into a Professional Services Agreement with Aspen Risk Management Group for the provision of safety-related services as outlined in the request for proposal and their response to that proposal. Aspen has provided the District with the required supporting insurance documents, endorsements and waivers, which have been reviewed and approved by District's legal counsel. ATTACHMENTS: Name: Description: Type: SKMBT C5521 1 1 21 41 0530.pdf Aspen Risk Mgt Grp PSA Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 MB/RK 5-0 VENDOR: ASPEN RISK MANAGEMENT GROUP PROFESSIONAL SERVICES AGREEMENT BETWEEN THE YORBA LINDA WATER DISTRICT AND ASPEN RISK MANAGEMENT GROUP THIS PROF SSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into on I# l p 2011, 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 ASPEN RISK MANAGEMENT GROUP ("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 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, 1 of 18 YLWD Professional Services Agreement - 04/01/11 VENDOR: ASPEN RISK MANAGEMENT GROUP 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.11 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 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. 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 2of18 YLWD Professional Services Agreement - 014/41111 VENDOR: ASPEN RISK MANAGEMENT GROUP 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. 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 3 of 18 YLWD Professional Services Agreement - 44/01/11 VENDOR: ASPEN RISK MANAGEMENT GROUP 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 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 4of18 YLWD Professional Services Agreement - 04/01/11 VENDOR: ASPEN RISK MANAGEMENT GROUP 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-:Vll." 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 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 5of18 YLWD Professional Services Agreement - 04/41/11 VENDOR: ASPEN RISK MANAGEMENT GROUP 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. 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. 6cf18 YLWD Professional Services Agreement - 04/01/11 VENDOR: ASPEN RISK MANAGEMENT GROUP 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 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, 7of18 YLWD Professional Services Agreement - 04/01/11 VENDOR: ASPEN RISK MANAGEMENT GROUP 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. 8of18 YLWD Professional Services Agreement - 04/01/11 VENDOR: ASPEN RISK MANAGEMENT GROUP [INTENTIONALLY LEFT BLANK] 9of18 YLWD Professional services Agreement - 04/01/11 VENDOR: ASPEN RISK MANAGEMENT GROUP 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 Aspen Risk Management Group 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: Notices Exhibit C: Fee Schedule 10 of 18 YLWD Professional Services Agreement - 04/01/11 VENDOR: ASPEN RISK MANAGEMENT GROUP EXHIBIT A: SCOPE OF WORK Scope of Work L Safety Inspections and Evaluation Surveys a. Through on-site inspection of the premises and operations of each facility, to include reservoirs and BPS, identify automobile, general liability and workers' compensation hazards/exposures that could result in: 1) Bodily injury to employees and/or the public 2) Property/Equipment Damage Methodology to Complete: A water utilities Safety Specialist from Aspen performing duties of Safety Officer for YLWD will prioritize facility locations based on risk/ hazards and loss data and conduct site assessments and operations (program) audits to assess workers' compensation hazards such as unsafe conditions and at-risk behaviors that affect employee work practices. Assessments and observations will include fleet safety and general liability exposure to the public that may result in bodily injury or damage to property or equipment. Recommendations for improvement will be based on regulatory compliance and industry best practices through written reports, verbal communications and via program redesign and implementation. b. Evaluate hazards/exposures identified by employees as being areas of concern. Methodology to Complete Safety consultant will work directly with employee teams as deemed appropriate and assess via interviews, observations and employee survey; safety concerns. Employees will be encouraged to develop solutions to concerns and will be advised of appropriate actions to correct any deficiencies, and advised of actions taken on their behalf, 11 of 18 YLWD Professional Services Agreement - 041©111 1 VENDOR: ASPEN RISK MANAGEMENT GROUP c. Evaluate compliance with State and Federal OSHA regulations including but not limited to posting of signs and notices, hazardous materials, confined spaces, trenching and shoring, heavy equipment operation, materials storage, machine guarding, working at elevation and fall protection, lock-out/block-out/tag. Methodology to Complete Consultant(s) are well versed in State, Federal and best practices of the water distribution industry. On-site assessments, observations of safe work practices and hazard identification will include task specific hazards. Unsafe conditions will be evaluated based on such examples as; working without proper certifications or qualifications, improper signage / warnings, lack of appropriate permits or training. At-risk behaviors will be evaluated based on observations of employees such as entering trenches, use of hazardous materials / storage of materials, entering confined spaces, use of machinery, following lock out /tag out program, use of respirators, personal protective equipment, and other actions. Employee interviews during on-site assessments will provide insight as to the effectiveness of current training. Coaching and mentoring of employees', supervisors and managers will be on-going and training revised based on observation and interview results. d. Evaluate existing safety/loss control programs including organization and management philosophy, staff responsibilities for safety, safety committee function and any other pertinent information which will lead to practical loss prevention recommendations. Assist in development and/or revision of safety/Joss control programs as needed to bring YLWD into administrative compliance of regulations. Methodology to Complete Consultant(s) will audit current written policies and procedures against observed work practices and provide recommendations for improvement to meet current State, Federal and water distribution industry best practices. Deficiencies will be corrected via program revision or re-write based on regulatory and best practices guidelines. Affected personnel will be trained on new policies and procedures as required. Consultant(s) will work with organization leadership and safety committee to most effectively communicate safety values, and loss / hazard control recommendation implementation. 12 of 18 YLWD Professional Services Agreement - 04/01/11 VENDOR: ASPEN RISK MANAGEMENT GROUP e. Recommend action(s) necessary to properly train supervisors to implement and manage a successful loss prevention program. Recommendations should include but not be limited to the enhancement of mishap prevention, employee safety, motivation, communication and mishap investigation and reporting. Methodology to Complete To ensure recommendations are implemented, and safety programs are "effective," managers and supervisors will be provided the tools necessary to instill safety as a "value." Safety Leadership courses will be provided to address (but not limited to): Ethics in safety leadership, motivation and rallying of employees, incident investigation, cost of accidents, communication styles and hazard identification and controls. f. Recommend action(s) necessary to properly target and train employees in those functional areas in which they work. Methodology to Complete Based on job descriptions, observations and information provided; Consultant(s) will identify regulatory requirements for various jobs and tasks within YLWD. Corresponding programs and policies will be reviewed and compared to actions by employees. Deficiencies in safe work practices will be corrected via program revision, task assessment and training for employees. Employees will be trained on the hazards of their job duties, including supervisors who oversee such tasks. g. Perform and/or coordinate Industrial Hygiene activities to include baseline surveys forsound level exposure, chemical exposure and other samples as necessary. Indicate if the proposed flat fee includes this service, and if not, the proposed fee for said services. Methodology to Complete As needed based on observations, employee concerns, new processes, procedures, or equipment may require some levels of Industrial Hygiene services to ensure employee and public safety. Hand held dosimeter testing to determine if there is an initial noise level exposure will be conducted by the Consultant(s) and is included in flat rate fee. Should Aspen deem appropriate for a Certified Industrial Hygienist (CIH) to conduct further or additional testing the CIH will be preapproved by YLWD prior to commencement of services. Costs will be based on $275 J hr plus lab fees. 13 of 18 YLWD Professional Services Agreement - 04/01/11 VENDOR: ASPEN RISK MANAGEMENT GROUP h. Prepare written reports after each inspection/survey identifying hazards, evaluating the effectiveness of the current programs and recommending practical solutions for implementation. Subsequent reports should monitor the implementation of recommendations and their effectiveness. Each report should contain an executive summary highlighting the primary recommendations, trends or serious conditions that require immediate attention. Methodology to Complete Within 7 days of each inspection a written report will be provided based on observations made and information provided. Program effectiveness will be evaluated by using a combination of employee interviews, observations of work practices, review of training records and accident loss data. The report will identify what was observed, the corresponding regulations, and the recommendation (s) for improvement. Photos will accompany each observation as appropriate. Information will be provided to the appropriate department and/or safety committee, and resolution and hazard correction will be discussed. Tracking of inspections, identified hazards and date the request for correction will be sent to appropriate department and the date the hazard must be corrected shall be monitored. A tracking sheet of recommendations by location will be monitored. The executive summary will prioritize hazards based on severity or potential for injury. Verbal recommendations will be made the day of the assessment in cases where imminent danger exists. Recommendations will be revisited at subsequent inspections, and monitored for improvement When necessary employees will be retrained, coached and counseled to reduce injuries. i. Attend Safety Committee meetings in role of advisor. Provide guidance on Committee roles and responsibilities, function and effectiveness. Methodology to Complete Consultant(s) will attend safety committee meetings, advising on regulatory obligations for Safety Committees under Cal-OSHA 3203. Safety Committee effectiveness will be monitored and recommendations for improvement provided to ensure roles, responsibilities and function are in place. 14 of 18 YLWD Professional Services Agreement - 04/01/11 VENDOR: ASPEN RISK MANAGEMENT GROUP 2. Safety Training Aspen consultant team members are seasoned and well respected safety trainers, and water utilities safety professionals. YLWD may review and approve each instructor prior to teaching the course. Aspen instructors for YLWD have varying experience including OSHA Outreach Training qualifications for construction, general industry, EM 385 and water utilities experience. The most qualified instructor will be assigned and approved by YLWD. Many of our instructors are bi-lingual in English and Spanish. The following training courses are available services provided by the Aspen team. ➢ Forklift Safety Training - Aspen ➢ Fall Protection -Aspen ➢ Trenching & shoring - Aspen ➢ Traffic Control - Aspen Confined Space Entry - Aspen ➢ Confined Space Rescue - Aspen ➢ Lock-out/Block-out/Tag-out - Aspen ➢ Ladder Safety - Aspen ➢ Hazard Communication - Aspen Asbestos Pipe Handling ➢ Heat Stress - Aspen ➢ Hearing Conservation - Aspen ➢ Respiratory Protection - Aspen ➢ Electrical Safety (NFPA 70E) - Aspen ➢ Personal Protective Equipment -Aspen ➢ Commercial Vehicle Inspection -Aspen ➢ Heavy Equipment Operation -Aspen ➢ Laboratory Safety (Chemical Hygiene) -Aspen ➢ Blood-borne Pathogens - Aspen Ethics in Safety Leadership-Aspen ➢ OSHA 10 hour Construction - Aspen ➢ 8-hour Hazwoper Awareness -Aspen ➢ Sexual Harassment Prevention Training / Employees -Aspen > Sexual Harassment Prevention Training / Supervisors - Aspen * Asbestos Pipe handling must be provided by an instructor approved by the State of California. We will coordinate this training with a vendor approved by the State if California on behalf of YLWD. Cost of training to be determined. 15 of 18 YLWD Professional Services Agreement - 04/01/11 VENDOR: ASPEN RISK MANAGEMENT GROUP 2. Your availability to promptly provide services as stated will be a key factor in the selection process. Describe how your firm will respond to such a schedule for providing services and responding to questions. Methodology to Complete YLWD will be assigned a dedicated primary water utilities safety professional who is available to begin immediately once the contract'is approved. The consultant will be on- site as requested two days per month (every two weeks) and as needed to respond to YLWD. YLWD will have access to e-mail and cell phone of the assigned consultant in addition to the account coordinator and company Principal. The advantage of using Aspen is that YLWD will have a team of professional personnel who are available to answer a-mails and phone questions, between visits if needed. This support team is available at no extra cost outside the reasonable scope of services stated within this contract. A team roster with contact information will be provided upon award of contract. 16 of 18 YLWD Professional Services Agreement - 04/01/11 VENDOR: ASPEN RISK MANAGEMENT GROUP EXHIBIT B: NOTICES 1. Aspen Risk Management Group (Home Office) 2727 Camino Del Rio South, Suite 1 San Diego, CA 92108 619/294 - 9863 This is the office that will oversee and provide services to YLWD 2. Federal Tax Identification Number. Tax ID 20-2057470 Aspen Risk Management Group Inc.; a California Corporation Dun & Bradstreet # 154079649 Certified Veteran Owned Small Business Business License B2005000533 California Small Business Certified 0040444 3. Stephen J. Thompson; ARM, COSS President and Principal Aspen Risk Management Group 2727 Camino Del Rio South, Suite 1 San Diego, CA 92108 619/294-9863X112 Cathi L. Marx; ALCM, COSS, CHS-V Vice President Risk Management and Principal Aspen Risk Management Group 2727 Camino Del Rio South, Suite 1 San Diego, CA 92108 619 / 294 - 9863 X 111 Cait Casey, ARM, COSS, CUSA Vice President Construction and Principal Aspen Risk Management Group 2727 Camino Del Rio South, Suite 1 San Diego, CA 92108 619 / 294 - 9863 X 210. 17 of 18 YLWD Professional Services Agreement - 04/01/11 VENDOR: ASPEN RISK MANAGEMENT GROUP EXHIBIT C: FEE SCHEDULE Fees 1. Consulting Services: a. Monthly rate: $2,950 (up to 18 hrs / month) b. Hourly Rate: $145 / hr (for each hour over 18 per month, minimum 4 hours). c. There is no charge for travel time. d. Fees stated above include all costs other than a 5% monthly administration fee. 18 of 18 YLWI? Professional Services Agreement - 04/01/11 ITEM NO. 8.5 AGENDA REPORT Meeting Date: December 22, 2011 Budgeted: Yes To: Board of Directors Funding Source: Operating Funds From: Ken Vecchiarelli, General Manager Presented By: Gina Knight, HR/Risk Manager Dept: Human Resources/Risk Management Reviewed by Legal: N/A Prepared By: Gina Knight, HR/Risk Manager Subject: Approval of Legal Services Agreement with Liebert Cassidy Whitmore a Labor Relations Law Firm SUMMARY: The District presently uses the law firm of Liebert Cassidy Whitmore (LCW) for representation in employment related matters. The law firm consists of 70 attorneys in four separate law offices. Effective January 1, 2012, LCW will be raising its professional service rates in order to continue to provide the District with the very best in public sector counsel. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to execute a Legal Services Agreement with Liebert Cassidy Whitmore with the proposed rate increases. COMMITTEE RECOMMENDATION: The Personnel-Risk Management Committee discussed this item at its meeting held December 13, 2011 and supports staff recommendation. DISCUSSION: In Early November 2011, the Human Resources Department received correspondence from Liebert Cassidy Whitmore informing staff that the law firm would be raising their rates effective January 1, 2012. The last time the law firm increased their rates was over four years ago. The Liebert Cassidy Whitmore law firm specializes in the representation of management in public sector labor and employment law issues. Since 2007, the District has contracted with Liebert Cassidy Whitmore for labor negotiations and employment law representation. The rate increase is due to the following: 1. LCW is in fierce competition with the recovering private sector to retain their talented lawyers; 2. LCW has experienced health care increases averaging 15% per year for the past 5 years; 3. LCW is updating their IT infrastructure to handle e-discovery requirements to increased transportation costs. A schedule of the proposed rates is attached for review. ATTACHMENTS: LIEBERT CASSIDY WHITMORE PROPOSED 2012 HOURLY RATES.docx LIEBERT CASSIDY WHITMORE Backup Material PROPOSED 2012 RATES Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 GM/RK 5-0 LIEBERT CASSIDY WHITMORE FEE SCHEDULE EFFECTIVE JANUARY 1, 2012 CURRENT PROPOSED HOURLY RATES HOURLY RATES Partners $290.00 $300.00 Of Counsel $260.00 $265.00 Associates $160.00 - $240.00 $180.00 - $245.00 Paraprofessionals $100.00 - $130.00 $105.00 - $140.00 ITEM NO. 8.6 AGENDA REPORT Meeting Date: December 22, 2011 To: Board of Directors Funding Source: N/A From: Ken Vecchiarelli, General Manager Presented By: Gina Knight, HR/Risk Manager Dept: Human Resources/Risk Management Prepared By: Amelia Cloonan, Personnel Technician Subject: Reject and Refer Claim to ACWA/Joint Powers Insurance Authority SUMMARY: Reject and refer to ACWA/Joint Powers Insurance Authority a claim filed by Aaron Goodall, Yorba Linda. STAFF RECOMMENDATION: That the Board of Directors reject the claim filed by Mr. Goodall and refer it to ACWA/Joint Powers Insurance Authority. COMMITTEE RECOMMENDATION: The Personnel-Risk Management Committee reviewed this item at their meeting held December 13, 2011. DISCUSSION: Aaron Goodall of filed a claim with the District on November 14, 2011. Mr. Goodall claims that during the course of road construction by the Yorba Linda Water District's contractor debris and dust landed on his driveway and coated his windows. Mr. Goodall is asking for an unspecified dollar amount from the District to pay for his windows to be professionally cleaned and for power washing his driveway. ATTACHMENTS: Name: iDes=vriptiom i ype: SKMBT C5521 1 1 2061 6430.pdf claim and pictures Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 RK/RC 5-0 PLEASE CONTACT YLWD RECORDS DIVISION FOR THIS ATTACHMENT (714) 701-3101 records@ylwd.com ITEM NO. 8.7 AGENDA REPORT Meeting Date: December 22, 2011 Budgeted: No Total Budget: $140,000 To: Board of Directors Cost Estimate: $42,000 Funding Source: Water Operating Fund From: Ken Vecchiarelli, General Account No: 1-5020-0730-66 Manager Job No: 2011-24 Presented By: Steve Conklin, Engineering Dept: Operations Manager Reviewed by Legal: No Prepared By: Steve Conklin, Engineering CEQA Compliance: Exempt Manager Subject: Emergency Purchase Order and Transfer of Funds SUMMARY: On Monday morning December 12, an 8-inch water main ruptured on Beech Avenue in Yorba Linda, causing significant water damage to the street, curb and gutter, and sidewalk in the vicinity of 4088 Beech Avenue. Following repairs to the main, damage was assessed and bids were solicited from three contractors, two of which propose on routine street repair work for the District throughout the year, and one contractor that is currently completing pavement restoration on a capital project for the District. All three contractors have updated insurance documents on file with the District. Two bids were received and following review and consideration, the General Manager approved a Purchase Order to Sanders Paving, Inc for $42,175 to begin work on December 15 and work diligently to complete the restoration before the Christmas Holiday weekend, if possible and weather permitting. STAFF RECOMMENDATION: That the Board of Directors ratify the issuance of a $42,175 Purchase Order to Sanders Paving, Inc. In addition, that the Board authorize the transfer of $50,000 from Reserves to Account No. 1-5020- 0730-66 to cover the cost of this emergency repair work. DISCUSSION: The pipeline break occurred on Beech Avenue, south of the intersection of Village Center Drive and Fairmont Boulevard. The break occurred at approximately 8:30 am on Monday, December 12 and the flow was stopped within an hour. There was significant water damage to the asphalt paving, curb and gutter and sidewalk in the vicinity of the break. After the pipeline was repaired by District forces, the apparent limits of the area requiring repair was confirmed with City staff. Three contractors who have recently performed this type work for the District were contacted and asked to provide a bid for the defined work scope. One firm, Mamco Construction, chose not to bid due to time constraints. Bids were received on December 14 from two firms: Sanders Paving, Inc: $42,175 GM Sager Const. Co: $42,125 The bids are almost identical. After review, staff chose Sanders Paving because they were able to mobilize and begin work the next morning, December 15. Work is planned for December 15 and 16, and will continue the following Monday, December 19, until completion. Fiscal year to date, more repairs than anticipated and budgeted have been required and completed through the Water Operations Department maintenance account. As such, staff requests that the Board authorize the transfer of $50,000 from reserves to the maintenance repair account, to cover the cost of this additional street repair work. Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 RC/GM 5-0 ITEM NO. 8.8 AGENDA REPORT Meeting Date: December 22, 2011 Budgeted: N/A To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Stephen Parker, Finance Dept: Finance Manager Reviewed by Legal: Yes Prepared By: Stephen Parker, Finance Manager Subject: Purchasing Card Recommendation SUMMARY: Proceeding with a purchasing card program offers a way to pay vendors via credit card and earn a rebate, offering a new revenue stream, without changing the current purchasing approval process. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to sign the Addendum to State of California Purchase Card Program Master Services Agreement with the State of California and US Bank, and allow staff to proceed with implementing a Purchasing Card Program at the District. COMMITTEE RECOMMENDATION: The Finance-Accounting Committee discussed this matter at its meeting held November 28, 2011 and supports staff's recommendation. DISCUSSION: Staff has completed a thorough evaluation of 12 potential purchasing card programs to determine what would work best for Yorba Linda Water District. Staff recommends establishing a purchasing card program with US Bank through their CAL-Card program. There are many advantages to a program with US Bank and the CAL-Card program. Some of those include: . There are no costs for the program regardless of how much or little it is used . The best rebate offered at the first dollar charged to the card (only two other choices offered a rebate under $1,000,000 in annual spend) . The District's current approval process could remain the same (only offered by two other choices) . There is no contract term (while the State of California has an agreement with US Bank through October 2013, the District could add or drop the program at any time with no penalties) Staff believes that over time the District will be able to charge more than $1,000,000 annually on credit cards to pay vendors in the regular course of business. At that level of spending with the CAL- Card program the District would receive a rebate of more than $9,000 a year. This would be a new revenue source and would be perpetual. STRATEGIC PLAN: FR 3-B: Review Opportunities to Earn "Cash-Back" on Operating Expenses through Commercial Credit Card Accounts This action is the conclusion of strategic plan initiative FR 3-B. ATTACHMENTS: Name: Description: Type: Local Agency Addendum.doc Addendum to CAL-Card Program Backup Material Approved by the Board of Directors of the Yorba Linda Water District RC/RK 5-0 ADDENDUM TO STATE OF CALIFORNIA PURCHASE CARD PROGRAM MASTER SERVICES AGREEMENT (DGS MSA 5-06-99-01) This Participating Agency Addendum ("Participating Agency Addendum") is entered into, by and between U.S. Bank National Association ND ("U.S. Bank") and the Participating Agency identified herein and executing this Participating Agency Addendum as "Participating Agency", and constitutes an addendum to and modification of the State of California Purchase Card Program Master Services Agreement (DGS MSA 5-06-99-01) dated October 19, 2006 (the "Agreement") between the Department of General Services ("DGS") on behalf of the State of California, and U.S. Bank. The Master Services Agreement DGS MSA 5-06-99-01 and its amendments are incorporated by reference and made a part of this Participating Agency Addendum. This Participating Agency Addendum shall become effective upon signing by or on the behalf of U.S. Bank ("Effective Date") and supersedes any previous and like addenda with Participating Agency. RECITALS: A. DGS has entered into the Agreement for the purpose of making available the Purchasing Card Program as described in the Agreement for use by for Participating Agencies; and B. The Agreement contemplates the inclusion of Participating Agencies by a process of voluntary execution of an addendum; and C. The Participating Agency has received a copy of the Agreement and after thorough review of the Agreement desires to become a Participating Agency as that term is defined in the Agreement. AGREEMENT: NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by reference, the mutual promises and covenants set forth in the Agreement, which is incorporated herein by reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participating Agency, and U.S. Bank agree as follows: 1. The Participating Agency agrees to accept and perform all duties, responsibilities and obligations required of Participating Agency as set forth in the Agreement. CAL-Cards shall be issued to employees of the Participating Agency upon execution of this Participating Agency Addendum by the Participating Agency and U.S. Bank. U.S. Bank shall submit invoice(s) to the Participating Agency at the address indicated herein. 2. U.S. Bank is authorized to place the seal or logo of the Participating Agency on the CAL-Cards issued to employees of the Participating Agency for the sole purpose of identifying the card for official use only. Such seal or logo shall be subject to use limitations as apply to the State seal on Page 3 of the Agreement. 3. The Participating Agency shall make monthly payments as provided in the Agreement to U.S. Bank of the full amount of the official monthly invoice by causing a check or checks or a warrant or warrants to be issued payable to the order of U.S. Bank on demand or by use of an Automated Clearing House or Electronic Data Interchange to make such payment to U.S. Bank. 4. The Participating Agency shall provide U.S. Bank with a copy of its audited financial statements within sixty (60) days of completion and, upon request of U.S. Bank, such other financial information as may be reasonably requested. 5. Either party may terminate this Participating Agency Addendum at any time by giving thirty (30) days written notice to the other party, whether or not such other party is in default. 6. The Participating Agency declares that CAL-Cards shall be used for official Participating Agency purchases only, and shall not be used for individual or consumer purchases nor to incur consumer debt. The Participating Agency warrants that it possesses the financial capacity to perform all of its obligations under the Agreement and this Participating Agency Addendum and the Participating Agency will not allow purchases to be made with CAL-Cards or incur any other financial obligation hereunder or under the Agreement prior to determining that existing appropriations available therefore are sufficient in amount to pay for such purchases or such other financial obligations. 1 7. The contact notice address for the Participating Agency is: Program Manager Name Participating Agency Name Mailing Address City, State, Zip Email Address 8. The agreements of the Participating Agency set forth in this Participating Agency Addendum and the Agreement constitute valid, binding and enforceable agreements of the Participating Agency and all extensions of credit made pursuant to this Participating Agency Addendum and the Agreement to the Participating Agency will be valid and enforceable obligations of the Participating Agency in accordance with the terms of the Agreement and this Participating Agency Addendum. The execution of this Participating Agency Addendum and the performance of the obligations hereunder and under the Agreement are within the powers of the Participating Agency, have been authorized by all necessary action and do not constitute a breach of any agreement to which the Participating Agency is a party or is bound. The signer of this Participating Agency Addendum further represents and warrants that he or she is duly authorized by an applicable constitution, charter, code, law resolution or other governmental authority to enter into transactions of this nature. Participating Agency represents and warrants that this transaction is within the scope of the normal course of business and does not require further authorization for Participating Agency to be duly bound by this Participating Agency Addendum. This Participating Agency Addendum requires approval as to form by the Attorney for the Participating Agency. If this Addendum is not approved as to form by the Attorney for Participating Agency, the completion of the attached Certificate of Authority is required and must accompany this Participating Agency Addendum. In witness whereof, the parties have, by their duly authorized representatives, executed this Participating Agency Addendum. Dated this day of 20_ by: Dated this day of 20_ by: U.S. Bank National Association ND Legal Name of Participating Agency (Signature of Authorized Individual) (Signature of Authorized Individual) Steven R. Kehr (Printed Name of Authorized Individual) (Printed Name of Authorized Individual) Vice President (Printed Title of Authorized Individual) (Printed Title of Authorized Individual) Approved as to form: (Signature of Attorney for Participating Agency) (Printed Name of Attorney) 2 ITEM NO. 8.9 AGENDA REPORT Meeting Date: December 22, 2011 Budgeted: N/A Total Budget: $90,000 To: Board of Directors Cost Estimate: $90,000 Funding Source: Water Operating Fund From: Ken Vecchiarelli, General Account No: 1-1010-0440-00 Manager Job No: N/A Presented By: Ken Vecchiarelli, General Dept: Board of Directors Manager Reviewed by Legal: N/A Prepared By: Cindy Botts, Management CEQA Compliance: N/A Analyst Subject: Board of Directors Committee Assignments SUMMARY: Following the election of the President and officers of the Board of Directors, the newly elected President assigns the members of the Board of Directors to various standing and ad hoc committees. The Committee and interagency Board assignments are usually decided by the first meeting in January each year. STAFF RECOMMENDATION: That the President consider and make recommendations to the Board of Directors for committee and intergovernmental meeting assignments for the upcoming calendar year, subject to consent by the Board. DISCUSSION: Pursuant to the Board of Directors' Rules for Organization and Procedure (Resolution No. 11-15), the Board has five standing committees, several joint agency committees, and intergovernmental meetings to which the Board has authorized regular District attendance. Two Directors are assigned to each standing committee and each Director is typically assigned to two different standing committees. Attendance at interagency meetings is usually on a voluntary basis with a primary and secondary Board member willing to alternate. In regards to the standing Board committees, staff has identified in the attached spreadsheet the Directors who served on each committee for the previous two years. In this spreadsheet, staff has included the supposition of the non-Chair committee member for 2011 serving in the Chair position of the same committee for 2012. This would allow the committee to continue with one member who is familiar with the responsibilities of the committee, while also allowing a Board Member who has not previously served on the committee, the opportunity for a new experience, if desired. The Board is not required to choose committee assignments using any particular method. Also attached to this report are excerpts from Resolution No. 11-15 along. The Total Budgeted and Estimated Cost amounts listed above include Board, committee and intergovernmental meeting attendance at level of ten meetings per month, the maximum allowed by statute. STRATEGIC PLAN: CP 1-C: Have Board of Directors and YLWD Staff Attend More Events and Inter - governmental Meetings within the Local Community PRIOR RELEVANT BOARD ACTION(S): The newly elected President assigns each Board member to various committee assignments for the upcoming year, subject to consent by the Board members so appointed. ATTACHMENTS: BOD Committee Assignments.pdf Backup Material Backup Material Excerpts From Resolution No. 11-15.pdf Backup Material Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/22/2011 MB/RC 5-0 (See Meeting Minutes for Committee and Intergovernmental Meeting Assignments) Committee 2010 2011 2012 EAO Mills Beverage Hawkins Beverage Hawkins FA Summerfield Collett Kiley Collett Kiley PRM Collett Kiley Beverage Armstrong/Hawkins Beverage PEO Mills Melton Collett Summerfield Collett PACT Beverage Hawkins Melton Armstrong/Hawkins Melton MWDOC/OCWD Mills Beverage Hawkins Beverage Hawkins CAC N/A Beverage Interagency Assignments 2010 2011 2012 YL City Council Mtg 1 Mills Hawkins First Tues. of the month Summerfield YL City Council Mtg 2 Mills Melton Third Tues. of the month Summerfield YL Planning Comm Mtg 1 Collett Kiley Second Wed. of the month Armstrong YL Planning Comm Mtg 2 Collett Collett Fourth Wed. of the month Armstrong OCWD Board of Directors N/A Kiley First Wed. of the month OCWD Board of Directors N/A Kiley Third Wed. of the month MWDOC Board of Directors N/A Melton First Wed. of the month MWDOC Board of Directors N/A Melton Third Wed. of the month ACWA/JPIA Meeting Mills Hawkins Semi-Annually in May & Nov. Armstrong WACO Meeting Mills Hakins First Fri. of the month ISDOC Meeting Mills Collett Quarter) on the Fourth Tues. LAFCO Meeting Beverage Beverage Second Wed. of the month Section 10. Standing Committees. 10.1 Internal Standing Committees of the Board of Directors are long term Committees that meet on a regular basis to review and consider specific areas and functions of the District's business. The Internal Standing Committees include: 1. Executive-Administrative-Organizational 2. Personnel-Risk Management 3. Finance-Accounting 4. Planning-Engineering-Operations 5. Public Affairs-Communications-Technology 10.2 Each Internal Standing Committee shall have two Directors and each Director shall be assigned to a minimum of two Internal Standing Committees. 6 10.3 Each Internal Standing Committee shall meet on a monthly basis at a minimum, unless the Chair assigned to that particular Internal Standing Committee, in consultation with the General Manager, believes there are not enough issues to discuss and that the best interests of the District would be served by continuing the meeting for one month. 10.4 Joint Agency Standing Committees of the Board of Directors also meet on a regular basis and were established to foster a stronger working relationship between the District and other governmental agencies. The Joint Agency Standing Committees include: 1. MWDOC and OCWD 2. City of Yorba Linda 3. City of Placentia i L Revised 06/17/11 15 10.5 Joint Agency Standing Committees shall meet on a bimonthly or quarterly basis, as j i needed, and as determined from time to time by the Board and the respective intergovernmental agency representatives. 10.6 Joint Agency Standing Committees shall have at least one, but no more than two Board Members, assigned by the Board President and approved by the Board. 10.7 In the event there is an absence or vacancy on any Standing Committee, the President shall assume the vacant position if the absence cannot be filled temporarily by another Board member or until a permanent appointment is made. Section 11. Special Committees. Special Committees shall be appointed by the President, unless otherwise directed by a majority vote of the Board. Section 12. Adjournment. A motion to adjourn must be moved by a Director and seconded by another Director, and it is subject to debate. No further business can be conducted after an affirmative vote to adjourn. i 1 1 Revised 06/17/11 16 ITEM NO. 10.3 AGENDA REPORT Meeting Date: December 22, 2011 Subject: Personnel-Risk Management Committee (Kiley/Beverage) Minutes of meeting held December 13, 2011 at 4:00 p.m. Meeting scheduled January 10, 2012 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 121311 PRM - Minutes.doc PRM Mtg Minutes 12/13/11 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL-RISK MANAGEMENT COMMITTEE MEETING December 13, 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 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Resolution of Intention to Amend Contract with CalPERS to Provide Section 20475 (Different Levels of Benefits) Ms. Knight presented to the Committee the implementation of a Second tier level of CalPERS benefits (Section 20475-Different level of Benefits) and the Notice Resolution of Intent to amend the contract with CaIPERS. The amendment stipulates Section 21353 (2% @ 60 Full formula) will be applicable for new hires, with new hire picking up their 7% employee contribution to CaIPERS. The Committee will recommend to the Board of Directors consideration of the implementation of the Second Tier at the next Board of Directors meeting on December 22, 2011. 2.2. Approval of Legal Services Agreement with Liebert Cassidy Whitmore a Labor Relations Law Firm Ms. Knight presented to the Committee the proposed 2012 hourly rates for legal services from the Liebert Cassidy Whitmore law firm. The Committee will recommend to the Board of Directors authorization of the General Manager to execute a Legal Services Agreement with Liebert Cassidy Whitmore with the proposed rate increases at the next Board of Directors meeting on December 22, 2011. 2.3. Reject and Refer Claim to ACWA/Joint Powers Insurance Authority The Committee discussed the claim submitted by Aaron Goodall. The Committee supported the recommendation that the Board of Directors reject and refer the claim to ACWA-Joint Powers Insurance Authority at the December 22, 2011 Board Meeting. 1 3. DISCUSSION ITEMS 3.1. Human Resources Department Activity The Committee reviewed and discussed the updated activities log. Ms. Knight reported that the District received a check in the amount of $9,089.84 as payment for the damages caused when a District vehicle was struck by a motorist on June 6, 2011. 3.2. Status of Recruitments (Verbal Report) Staff gave a verbal report on the status of the Public Affairs intern recruitment. A job description has been approved by both the Public Information Officer and the Human Resources and Risk Manager. 3.3. Status of Strategic Plan Initiatives (Verbal Report) (No changes since last updated) 3.4. Performance Evaluation Timing (Verbal Report) Ms. Knight discussed with the Committee the impact of changing the timing of when performance evaluations are conducted. Currently the timing of an employee's performance evaluations is based on their anniversary date (hire date plus 12 months). Staff shared with the Committee the results of a survey conducted among the department managers requesting their preference of conducting all of their employee's evaluations on the same date or if they prefer to have them spread throughout the year (anniversary dates). Four out of five department managers commented that they would prefer the District's current method. 3.5. Future Agenda Items and Staff Tasks Director Beverage reminded staff of a previous request to place on future agendas to discuss the reorganization and assessment of current departments. Staff will add a place holder on future agendas to discuss this item. Director Beverage also requested staff include on future agendas the review of both Employee Compensation Letters for the Managers and the Supervisory/Confidential employee groups. 4. ADJOURNMENT 4.1. The Committee adjourned at 5:30 p.m. The next meeting of the Personnel-Risk Management Committee is scheduled to be held January 10, 2012 at 4:00 p.m. 2 ITEM NO. 10.4 AGENDA REPORT Meeting Date: December 22, 2011 Subject: Planning-Engineering-Operations Committee (Melton/Collett) Minutes of meeting held December 13, 2011 at 11:00 a.m. Meeting scheduled January 5, 2012 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 121311 - PEO Minutes.docx PEO Mtg Minutes 12/13/11 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING December 13, 2011 A meeting of the Planning-Engineering-Operations Committee was called to order by Director Melton at 11:05 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 Steve Conklin, Engineering Manager Director Ric Collett John DeCriscio, Chief Plant Operator Ken Mendum, Water Maint. Superintendent 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Construction Contract for Green Crest Lift Station (GCLS) Repairs Mr. Conklin reported that bids were received from four pre-qualified contractors for construction of the third and last element of near-term repairs to the GCLS. Following discussion, the Committee supported the staff recommendation that the Board award construction to the low bidder, Pascal & Ludwig Constructors, Inc., for $90,580. 2.2. Purchase of a Sewer/Jetter Truck Mr. DeCriscio reported that in accord with the District's purchasing policy, a bid package was prepared, an advertisement was made, and bids were received from three suppliers for a new sewer/jetter vehicle. Following discussion, the Committee supported the staff recommendation that the Board award construction to the low bidder, Haaker Equipment Company, for $361,884.84. 2.3. Sewer Line Repairs Mr. Mendum reported that District forces annually clean and maintain the sewer facilities in the District, including video inspection and repair. The sewer line repair is typically by trenchless repair methods by a specialty contractor. This year, there has been the need for more sewer repair than estimated in the budget. As such, staff is requesting transfer of up to $90,000 from Sewer Capital Reserves to the Sewer Operating Account to fund additional sewer main line and manhole repairs this fiscal year. Following discussion, the Committee supported the staff recommendation. 1 2.4. Change Order No. 1 for the 2010 Waterline Replacement Project Phase 1 - Plumosa Drive Mr. Conklin reported that work is complete on the Plumosa Drive Project, which included approximately 2,900 feet of 12-inch waterline, valves, hydrants, paving and appurtenances. Kana Pipeline, Inc was awarded the job for $568,000 and has made a request for Change Order No. 1 for $100,112.50 and 41 calendar days for additional work. Mr. Conklin described the project work elements and the additional work performed by the contractor. He noted that all of the extras requested by the contractor were reviewed with District staff and the time and materials were confirmed by the District's inspector. A list of each requested change order item was presented to the Committee and a summary description was provided for the larger requested items. Following discussion, the Committee supported the staff recommendation that the Board approve Change Order No. 1 in the amount of $100,112.50 and 41 calendar days for Kana Pipeline, Inc. 3. DISCUSSION ITEMS 3.1. CCTV Repair Activity In response to the request by the PEO Committee in November, Mr. Mendum provided a verbal report on CCTV Repair Activity. He indicated that a review of repair records for our CCTV system showed repair costs of $19,200 since we purchased the CCTV vehicle and equipment in July 2007. Of that amount, $8,500 was for a new video cable. With the new cable, we are getting much better video. The other repair costs total $10,700 in the 50 months since start-up, which equates to an average of approximately $215/month, which is less than previously thought. The recommendation of staff is that we continue having the CCTV work performed by District staff, rather than by an outside contractor. As our staff gains experience, we are improving our skills and technique with the equipment and camera. Following discussion, the Committee supported the staff recommendation that we continue this work with District forces. 3.2. Monthly Preventative Maintenance Program Report Mr. Mendum reported on PM Program progress in the last month. He noted that District forces are on target for all categories except for Hydrants and Sewer Televising. For those two, we have picked up the pace and expect to be on target by March or April 2012. In the last month, it was noted that District staff have had to respond to repairs for water line leaks, which reduced their efforts on PM tasks. 3.3. Monthly Groundwater Production and Purchased Import Water Report Mr. DeCriscio reported that we increased our monthly groundwater production to 42.5%, and our year-to-date to 36.3%. Our total demand was 16.8% less than budget for the month of November, and our year-to- date is 8.5% less than budget. He noted that in January, after the Diemer Shutdown, we will be increasing our draw of MWD water. 2 3.4. Groundwater Producers Meeting Report Mr. Conklin reported on items that were discussed in the November 9, 2011 Groundwater Producers meeting at OCWD. 3.5. Status Report on Capital Projects in Progress Mr. Conklin reported on District Capital Projects currently in planning, design and construction. 3.6. Status of Strategic Plan Initiatives Mr. Conklin reported on the status of strategic planning objectives related to engineering and construction. 3.7. Future Agenda Items and Staff Tasks As a follow-up to items discussed at prior PEO Committee meetings, Mr. Conklin reported that a fire hydrant has been added adjacent to the Highland access roadway, and a gate installed along with road-closure signs. The gate will be locked in the OPEN position until a notification letter is distributed to approximately 80 residents along and near Highland Avenue. A copy of that letter will be sent to YLWD Directors and to the City prior to the mailout to the local residents. The PEO Committee was advised that complaints may be coming from those opposed to the closure of the roadway. Mr. Conklin also reported that the property owner located adjacent to the easterly corner of the District's Elk Mountain Reservoir site has given verbal approval for the District to construct a short section of fence on her property, to close off access to the reservoir site. No work will proceed until her approval is received in writing. Lastly, Mr. Conklin reported that the District is determining repair limits with the City and obtaining bids from two contractors for repair of Beech Avenue, at the location of the water line break on December 12. 4. ADJOURNMENT 4.1. The meeting adjourned at 12:00 p.m. The next meeting of the Planning- Engineering-Operations Committee is scheduled to be held January 5, 2012 at 4:00 p.m. 3 ITEM NO. 10.5 AGENDA REPORT Meeting Date: December 22, 2011 Subject: Public Affairs-Communications-Technology Committee (Hawkins/Melton) Minutes of meeting held December 7, 2011 at 4:00 p.m. Meeting scheduled January 9, 2012 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 120711 PACT - Minutes.docx PACT Mtg Minutes 12/07/11 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC AFFAIRS-COMMUNICATIONS-TECHNOLOGY COMMITTEE MEETING December 7, 2011 A meeting of the Public Affairs-Communications-Technology Committee was called to order by Director Hawkins 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 Phil Hawkins, Chair Art Vega, Interim IT Manager Director Gary T. Melton Damon Micalizzi, PI Officer 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Computerized Maintenance and Management System Project Status Mr. Vega updated the Committee on the status of CMMS. Mr. Vega discussed with the Committee the updated projected costs for the project. Mr. Vega inquired if the Committee would like to see the updated projected cost every month. Director Hawkings deferred the question to Director Melton. Director Melton replied that he would like to see the report monthly. Mr. Vega presented to the Committee the updated hydrant reports for CityWorks created by IT staff based on feedback from Operations staff. 2.2. Dynamics GP Consultant Status (Verbal Report) Mr. Vega informed the Committee that a meeting was held that morning (Wednesday, Dec. 7t") with Tom Santoro from NeuLogics regarding HR & payroll with IT, Finance, and HR staff. A discussion followed regarding who attended the meeting and what came out of it. Mr. Vega informed the Committee that based on the feedback Tom received from the meeting, he would be providing the District with an Action Plan and Training Agenda. 2.3. Public Outreach Regarding Closing of District Offices on Fridays The Committee discussed the plan to inform customers of the District closing its Administrative Offices on Fridays in the event that the MOU is approved by the Board of Directors. Mr. Micalizzi presented to the Committee the correspondence in the upcoming Holiday Newsletter along with information on the "Special Message" portion of the YLWD Bill outlining the District's new business hours. In addition to messages on the District's Website and Social Media outlets Mr. Micalizzi expects the Orange County Register and the Yorba Linda Star to run stories on the upcoming schedule changes and the cost savings expected as well. 1 2.4. District Signs (Verbal Report) Mr. Micalizzi updated the Committee on the status of the new District signs that are replacing the Conservation signs throughout the District. The signs are expected to be up by the end of the week as winds and recent rains have precluded the vendor from putting them out over the past two weeks as originally planned. 2.5. Holiday Newsletter (Verbal Report) Mr. Micalizzi presented to the Committee the Draft Holiday Newsletter. The Committee approved the Draft that is scheduled to go to print on December 9, 2011. 2.6. Status Report on Committee Specific Strategic Plan Initiatives The Committee reviewed the Strategic Plan Status Report noting only minor changes since the previous meeting two weeks prior. 2.7. Future Agenda Items and Staff Tasks None. 3. ADJOURNMENT 3.1. The meeting was adjourned at 5:13 p.m. The next meeting of the Public Affairs-Communications-Technology Committee is scheduled for January 9, 2012 at 4:00 p.m. 2 ITEM NO. 12.1 AGENDA REPORT Meeting Date: December 22, 2011 Subject: Meetings from December 23, 2011 - January 31, 2012 ATTACHMENTS: BOD - Activities Calendar.pdf Calendar Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: December 2011 District Offices Closed Fri, Dec 23 District Offices Closed Mon, Dec 26 Finance-Accounting Committee Meeting Tue, Dec 27 4:OOPM Collett/Kiley Yorba Linda Planning Commission Wed, Dec 28 7:OOPM Collett January 2012 District Offices Closed Mon, Jan 2 Yorba Linda City Council Tue, Jan 3 6:30PM MWDOC/MWD Workshop Wed, Jan 4 8:30AM /Staff OCWD Board Wed, Jan 4 5:30PM /Staff Planning-Engineering-Operations Committee Meeting Thu, Jan 5 4:OOPM Collett/ District Offices Closed Fri, Jan 6 WACO Fri, Jan 6 7:30AM Pub Affairs-Communications-Tech Committee Meeting Mon, Jan 9 4:OOPM Melton/ Personnel-Risk Management Committee Meeting Tue, Jan 10 4:OOPM Beverage/ Yorba Linda Planning Commission Wed, Jan 11 7:OOPM Board of Directors Regular Meeting Thu, Jan 12 8:30AM District Offices Closed Fri, Jan 13 Board of Directors Workshop Meeting Mon, Jan 16 8:30AM Exec-Admin-Organizational Committee Meeting Tue, Jan 17 4:OOPM Hawkins/Melton Yorba Linda City Council Tue, Jan 17 6:30PM MWDOC Board Wed, Jan 18 8:30AM /Staff OCWD Board Wed, Jan 18 5:30PM /Staff District Offices Closed Fri, Jan 20 Citizens Advisory Committee Meeting Mon, Jan 23 8:30AM Beverage Finance-Accounting Committee Meeting Mon, Jan 23 4:OOPM Kiley/ Joint Committee Meeting with MWDOC and OCWD Tue, Jan 24 4:OOPM Hawkins/Melton Yorba Linda Planning Commission Wed, Jan 25 7:OOPM Board of Directors Regular Meeting Thu, Jan 26 8:30AM District Offices Closed Fri, Jan 27 12/15/2011 11:00:03 AM ITEM NO. 13.1 AGENDA REPORT Meeting Date: December 22, 2011 Subject: ACWA Washington DC Conference - February 28-March 1, 2012 STAFF RECOMMENDATION: That the Board of Directors authorize Director attendance at this event if desired. ATTACHMENTS: Name: Description: Type: ACWA DC Conf.pdf Event Flyer Backup Material ACWXs 2012 Washington, D.C. Conference Preregistration Washington Court Hotel • Washington, D.C. • February 28 - March 1, 2012 ONLINE REGISTRATION NOW AVAILABLE: WWW.ACWA.COM PREREGISTRATION & CANCELLATION DEADLINE IS 4:30 P.M. (PST), FEB. 3, 2012. OFFICE USE ONLY - DC12 Registration forms received after Feb. 3 will be returned, regardless of postmark. There is a $50 handling fee on all ENT cancellations prior to this date. Credit card/check registration fees (less the $50 handling fee) can be refunded until DATE 4:30 p.m. (PST), Jan. 27. Thereafter, refund credit vouchers will be issued Jan. 28-Feb. 3, 4:30 p.m. (PST). Fill in Completely - Please Print/Type Clearly * Required Fields (If bringing a guest, guest's name and e-mail address are required as well.) ❑ My info has changed. Please update it. * Name on Badge to Read Guest ($35 fee if attending) Guest E-mail (MUST he different from attendee's e-mail) * Title Credit Card Payment Information Please charge my fee to my credit card: * Organization [3 WSA * Address Credit Card Number: * City * State * Zip ~ L L L LJ * Phone: ( ) FAX: ( ) Exp. Date: Amount: $ * Attendee E-mail: Cardholder's Name (as seen on card): * Confirmation E-mail: Please print clearly. If registering on someone's behalf, please be sure to include YOUR e-mail Signature: address here and a copy of the confirmation email will be sent to you. HOTEL INFORMATION: Washington Court Hotel, 525 New Jersey Ave. N.W., Washington, D.C. 20001-1 52 7 Phone: 800-321-3010 Group Rate: $345 Single/Double. The cut-off date to receive this special rate is January 27, 2012. Preregistration PACKAGE - For ACWA public agency members, affiliates & associates only (Includes registration & all meals. Does not include guest registration.) Not available on-site. (20) $565 $ Conference Registration (21) Includes Opening & Congressional Receptions, Preregistration On Site Amount but other meal functions not included. Advantage* $485 ($520) $ Standard $725 ($780) $ Guest (Non-refundable) (22) $35 ($45) $ Daily Conference Registration Preregistration On Site Amount Meal functions not included (Advantage) (Standard) (Advantage) (Standard) ❑ Wednesday, February 29 (23) $275 $415 $295 $445 $ ❑ Thursday, March 1 (24) $230 $345 $250 $375 $ Quantity Preregistration On Site Amount Tuesday, February 28 Opening Reception (3o) No added charge No added charge Wednesday, February 29 Continental Breakfast (31) $40 ($45) $ Luncheon (32) $55 ($60) $ House Speaker Program/Congressional Reception (33) No added charge No added charge Thursday, March 1 Full Breakfast (34) $45 ($50) $ * People eligible for ACWA advantage pricing include: any ACWA member organization's officers/directors; any employee of an ACWA public agency member, affiliate or associate organization's payroll, any individual or honorary life member; any ACWA TOTAL board member whose fee is paid for by a member agency, any state or federal administrative or legislative personnel in elective, appointive or staffing positions,- staff of ACWA/IPIA Water Education Foundation, or California Water Awareness Campaign. Make checks payable to ACWA, and send to: ACWA, P.O. Box 2408, Sacramento, CA 95812-2408. or FAX to (916) 325-2316. If you mail this form, please do not also fax to avoid duplicate registration. Questions? Contact ACWA at (916) 441-4545, toll free (888) 666-2292, or e-mail: events@acwa.com.