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HomeMy WebLinkAbout2012-01-26 - Board of Directors Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, January 26, 2012, 8:30 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. SPECIAL RECOGNITION 6.1. Recognize Doug Baker, Mechanic II, for Receiving the H.R. LaBounty Safety Award 7. COMMITTEE REPORTS 7.1. Citizens Advisory Committee (Beverage) • Minutes of meeting held January 23, 2012 at 8:30 a.m. (To be provided at the Board meeting.) • Meeting scheduled February 27, 2012 at 8:30 a.m. 8. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 8.1. Minutes of the Board of Directors Regular Meeting Held January 12, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Workshop Meeting Held January 16, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 8.3. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,472,448.81. 8.4. Progress Payment No. 3 for Construction of Well No. 20 Well Head Equipping Project Recommendation: That the Board of Directors approve Progress Payment No. 3 in the net amount of $257,610.60 to Pascal & Ludwig Constructors for construction of the Well No. 20 Well Head Equipping Project, Job No. 200711. 8.5. Progress Payment No. 12 for Construction of the Highland Booster Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 12 in the net amount of $375,521.48 to Pacific Hydrotech Corporation for construction of the Highland Booster Pump Station Project, Job No. 200814. 8.6. Final Progress Payment No. 4 and Notice of Completion for the 2010 Waterline Replacement Project, Phase 1 - Plumosa Drive Project. Recommendation: That the Board of Directors approve Final Progress Payment No. 4, in the net amount of $115,670.25, to Kana Pipeline Inc. and 10% retention of $12,852.25; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation, if no liens have been filed, release the Labor and Material Bond, and release the Faithful Performance Bond in one year if no defects have been found for the construction of the 2010 Waterline Replacement Project, Phase 1 - Plumosa Drive Project, Job No. 201012. 8.7. Declaration of Restrictive Covenants with William Payne - 4389 Smoketree Avenue, Yorba Linda Recommendation: That the Board of Directors authorize the President and Secretary to execute the Declaration of Restrictive Covenants with William Payne. 9. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 9.1. Resolution Authorizing an Amendment to the Contract with CalPERS to Provide Section 20475 (Different Levels of Benefits) Recommendation: That the Board of Directors adopt Resolution No. 12-01 Authorizing an Amendment to the 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. 9.2. Resolution For Employer Paid Member Contributions Recommendation: That the Board of Directors adopt Resolution No. 12-02 For Employer Paid Member Contributions providing that the District will pay 0% of the Employer Paid Member Contributions for employees hired after January 26, 2012. 9.3. Proposal for Additional Coverage to the Property Insurance Program Recommendation: That the Board of Directors approve extending comprehensive and collision insurance coverage to the remaining District vehicles not currently covered under the District's Property Program. The proposed coverage would become effective during the April 1, 2012 property insurance renewal period. 9.4. Reject and Refer Claim to ACWA/Joint Powers Insurance Authority Recommendation: That the Board of Directors reject the claim filed by Mr. D'Amico and refer it to ACWA/Joint Powers Insurance Authority. 10. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the District's interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 10.1. Debrief - MWD Shutdown January 8-15, 2012 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. President's Report 11.2. Directors' Reports 11.3. General Manager's Report 11.4. General Counsel's Report 11.5. Future Agenda Items and Staff Tasks 12. COMMITTEE REPORTS CONTINUED 12.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) Minutes of meeting held January 11, 2012 at 4:00 p.m. Meeting scheduled February 8, 2012 at 4:00 p.m. 12.2. Finance-Accounting Committee (Kiley/Hawkins) • Minutes of meeting held January 23, 2012 at 4:00 p.m. (To be provided at the next Board meeting.) • Meeting scheduled February 27, 2012 at 4:00 p.m. 12.3. Personnel-Risk Management Committee (Beverage/Collett) Minutes of meeting held January 10, 2012 at 4:00 p.m. Meeting scheduled February 14, 2012 at 4:00 p.m. 12.4. Planning-Engineering-Operations Committee (Collett/Kiley) Minutes of meeting held January 5, 2012 at 4:00 p.m. Meeting scheduled February 2, 2012 at 4:00 p.m. 12.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of meeting held January 9, 2012 at 4:00 p.m. Minutes of meeting held January 19, 2012 at 4:00 p.m. (To be provided at the next Board meeting.) • Meeting scheduled February 6, 2012 at 4:00 p.m. 12.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) • Minutes of meeting held January 24, 2012 at 4:00 p.m. (To be provided at the next Board meeting.) • Meeting scheduled March 27, 2012 at 4:00 p.m. 13. INTERGOVERNMENTAL MEETINGS 13.1. YL City Council - January 17, 2012 (Melton) 13.2. MWDOC Board - January 18, 2012 (Melton/Staff) 13.3. OCWD Board - January 18, 2012 (Kiley/Staff) 13.4. YL Planning Commission - January 25, 2012 (Collett) 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from January 27, 2012 - February 29, 2012 15. CONFERENCES, SEMINARS, AND SPECIAL EVENTS This section of the agenda is for the Board of Directors to authorize Director attendance at the listed events. 15.1. MWDOC Water Policy Forum & Dinner - February 2, 2012 Recommendation: That the Board of Directors authorize Director attendance at this event if desired. 16. 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. 16.1. 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) 16.2. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager 17. ADJOURNMENT 17.1. The next regular meeting of the Board of Directors will be held February 9, 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: January 26, 2012 Subject: Citizens Advisory Committee (Beverage) • Minutes of meeting held January 23, 2012 at 8:30 a.m. (To be provided at the Board meeting.) • Meeting scheduled February 27, 2012 at 8:30 a.m. ATTACHMENTS: Name: Description: Type: 012312 - CAC Minutes.docx CAC Mtg Minutes 01/23/12 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING January 23, 2012 1. CALL TO ORDER A meeting of the Citizens Advisory Committee was called to order at 8:30 a.m. by Chair Daniel Mole. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE MEMBERS PRESENT Daniel Mole, Chair Rick Buck Joe Holdren Greg Myers Oscar Bugarini Sr. Modesto Llanos Lindon Baker Carl Boznanski Cheryl Spencer-Borden Gus Bruner Fred Hebein YLWD DIRECTORS PRESENT YLWD STAFF PRESENT Michael J. Beverage, Director Ken Vecchiarelli, General Manager Damon Micalizzi, PI Officer Stephen Parker, Finance Manager OTHER VISITORS Mark Schock 2. PUBLIC COMMENTS None. 3. PRESENTATIONS 3.1. Water Rate Study and Financial Planning Workshop Mr. Parker presented to the Committee a PowerPoint presentation which included an overview of some financial plan scenarios and water rate structure options. Staff responded to questions from the Committee regarding the water financial model, the District's reserve funds, bond funds, and Capital Improvement Plan (CIP), and savings associated with annexation to OCWD. There was some discussion about what is the Committee to do with the abundance of information presented and Chairman Mole asked the Committee to be active in using the information to educate other District Customers about the intricacies of the water supply and the variables that affect the District's rate. 1 4. DISCUSSION ITEMS 4.1. Colorado River Inspection Trip Accompanied by photographs from the weekend tour, Mr. Bruner offered a recap of the Colorado River Inspection Trip he attended that was hosted by Metropolitan Director Brett Barbre. Mr. Bruner suggested that the rest of the Committee try to attend future Inspection trips, as it was not only a very educational look at California's water delivery system but an enjoyable weekend as well. 4.2. New District Signs (Verbal Report) Mr. Micalizzi presented to the Committee the new signage that will be replacing the District's conservation meter signs throughout Yorba Linda. 4.3. Future Agenda Items ■ Intro to Metropolitan Water District - Q&A with Director Brett Barbre ■ Golden State Water District ■ District Emergency Preparedness Efforts ■ District Public Affairs Efforts 5. ADJOURNMENT 5.1. The Committee adjourned at 10:20 a.m. The next regular meeting of the Citizens Advisory Committee will be held February, 27, 2012 at 8:30 a.m. 2 ITEM NO. 8.1 AGENDA REPORT Meeting Date: January 26, 2012 Subject: Minutes of the Board of Directors Regular Meeting Held January 12, 2012 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name: Description: Type: 011212 BOD - Minutes.doc BOD Mtg Minutes 01/12/12 Minutes Approved by the Board of Directors of the Yorba Linda Water District 1/26/2012 MB/RC 5-0 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING January 12, 2012 1. CALL TO ORDER The January 12, 2012 Regular 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 Director Hawkins led the pledge. { 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 Lee Cory, Operations Manager Ric Collett Stephen Parker, Finance Manager Robert R. Kiley Art Vega, Interim IT Manager Damon Micalizzi, PI Officer Annie Alexander, Executive Secretary ALSO PRESENT Nancy Rikel, Councilmember, City of Yorba Linda (Arrived 8:35 a.m.) Art Kidman, General Counsel, Kidman Law LLP Eddy Beltran, Senior Associate, Kidman Law LLP Eileen Facer 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Vecchiarelli announced that the Closed Session (Item No. 14.1.) was no longer required. 5. PUBLIC COMMENTS Ms. Eileen Facer addressed the Board and expressed her gratitude for the installation of a gate on the access road near the Highland Reservoir. Mr. Vecchiarelli and Mr. Conklin then reported on staff's efforts related to the project. The gate will be officially closed the morning of January 16, 2012. 6. SPECIAL RECOGNITION 6.1. Recognize Stephen Parker, Finance Manager, for Completion of the ACWA/JPIA Supervisor Basics Certification Program President Hawkins presented Mr. Parker with a plaque commemorating his completion of this certification program. 1 7. CONSENT CALENDAR Director Collett made a motion, seconded by Director Beverage, to approve the Consent Calendar. Director Collett abstained from voting on Check No. 58194 of Item No. 7.2. as he has a financial interest with the vendor. Motion carried 5-0. 7.1. Minutes of the Board of Directors Regular Meeting Held December 22, 2011 Recommendation. That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds and Wire Transfers Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of $1,964,280.05. 7.3. Progress Payment No. 2 for Construction of the Well No. 20 Well Head Equipping Project Recommendation. That the Board of Directors approve Progress Payment No. 2 in the net amount of $17,738.10 to Pascal & Ludwig Constructors for construction of the Well No. 20 Well Head Equipping Project, Job No. 200711. 7.4. Progress Payment No. 5 for Construction of the Ohio St. and Oriente Dr. Pipeline Replacement Recommendation. That the Board of Directors approve Progress Payment No. 5 in the net amount of $123,919.20, to Mamco Construction for the Ohio Street and Oriente Drive Pipeline Project, Job No. 201006. 7.5. Progress Payment No. 11 for Construction of the Highland Booster Pump Station Project Recommendation. That the Board of Directors approve Progress Payment No. 11 in the net amount of $330,751.37 to Pacific Hydrotech Corporation for construction of the Highland Booster Pump Station Project, Job No. 200814. 7.6. Change Order No. 2 for Additional Engineering Services for Steven Andrews Engineering Recommendation. That the Board of Directors approve Change Order No. 2 for Additional Engineering Services for Steven Andrews Engineering for $6,900, and direct staff to request payment of $3,450 from the City of Anaheim for its half of this additional project cost. 2 8. ACTION CALENDAR 8.1. ACWA Health Benefits Authority Board of Directors Election Mr. Vecchiarelli explained that the ACWA HBA was soliciting votes for the election of one Director. Four individuals are currently running for this seat. The Executive-Administrative-Organizational Committee reviewed this matter and initially was going to recommend that the Board nominate Joan C. Finnegan for this position. After additional consideration, the Committee thought that the Board might want to nominate Steven M. Ruettgers for this position as ACWA had been providing great support for the Freeway Complex Fire litigation. Ultimately, the Committee did not to make a recommendation to the Board. Director Beverage made a motion, seconded by Director Collett, to cast the District's vote for Steven M. Ruettgers for the position of ACWA HBA Director. Motion carried 5-0. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report President Hawkins briefly commented on the construction taking place near the high school. 9.2. Directors' Reports ■ CRWUA Conference - December 14-16, 2011 (Beverage/Melton) Directors Beverage and Melton provided a summary of the topics covered during the conference. A video regarding the Colorado River was also shown at this time. 9.3. General Manager's Report ■ Highland Reservoir Access Road Closure Mr. Vecchiarelli previously reported on this matter under Item No. 5. ■ District Historical Information Mr. Vecchiarelli reported that he had been presented with a binder of historical information from the family of Leonard Dueker, the District's first General Manager. 9.4. General Counsel's Report Mr. Kidman reported that his firm had moved to a new location and would now be known as Kidman Law LLP. 9.5. Future Agenda Items and Staff Tasks None. 3 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) Minutes of the meeting held December 20, 2011 at 4:00 p.m. were provided in the agenda packet. Minutes of the meeting held January 11, 2012 at 4:00 p.m. will be provided at the next Board meeting. Next meeting is scheduled February 8, 2012 at 4:00 p.m. 10.2. Finance-Accounting Committee (Kiley/Hawkins) Minutes of the meeting held December 27, 2011 were provided in the agenda packet. Next meeting is scheduled January 23, 2012 at 4:00 p.m. 10.3. Personnel-Risk Management Committee (Beverage/Collett) Minutes of the meeting held January 10, 2012 at 4:00 p.m. will be provided at the next Board meeting. Next meeting is scheduled February 14, 2012 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Collett/Kiley) Minutes of the meeting held January 5, 2012 at 4:00 p.m. will be provided at the next Board meeting. Next meeting is scheduled February 2, 2012 at 4:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of the meeting held January 9, 2012 at 4:00 p.m. will be provided at the next Board meeting. Next meeting is scheduled February 6, 2012 at 4:00 p.m. 10.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) Next meeting is scheduled January 24, 2012 at 4:00 p.m. 4 10.7. Citizens Advisory Committee (Beverage) Next meeting is scheduled January 23, 2012 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL City Council - January 3, 2012 (Hawkins) Director Hawkins attended and commented on the recent California State Supreme Court decision regarding redevelopment agencies which was discussed at length during the meeting. 11.2. MWDOC/MWD Workshop - January 4, 2012 (Melton/Staff) Director Melton attended and commented on a report provided by Jeff Kightlinger regarding the Bay/Delta and Colorado River water issues which was provided at the meeting. 11.3. OCWD Board - January 4, 2012 (Kiley/Staff) Director Kiley attended but did not have any District related business to report. 11.4. WACO - January 6, 2012 (Hawkins/Kiley) Directors Hawkins and Kiley attended and commented on a panel discussion regarding the Delta which was held during the meeting. 11.5. YL Planning Commission - January 11, 2012 (Kiley) Director Kiley attended but did not have any District related business to report. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from January 13, 2012 - February 29, 2012 The Board reviewed the listed meetings and made no changes. 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 13.1. ISDOC Shared Services Program Workshop - January 26, 2012 WEF Sea to Sierra Water Tour - March 1-2, 2012 None of the Directors expressed an interest in attending either of these events. 14. CLOSED SESSION No Closed Session was held. 14.1. Conference with Legal Counsel - Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code 5 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) .4 Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court - Case No. 00486884) 15. ADJOURNMENT 15.1. On a motion by Director Beverage, seconded by Director Kiley, the meeting was adjourned at 9:20 a.m. A Board of Directors workshop meeting to discuss financial planning and water rate alternatives will be held January 16, 2012 at 3:00 p.m. The next regular meeting of the Board of Directors will be held January 26, 2012 at 8:30 a.m. Kenneth R. Vecchiarelli Board Secretary 6 ITEM NO. 8.2 AGENDA REPORT Meeting Date: January 26, 2012 Subject: Minutes of the Board of Directors Workshop Meeting Held January 16, 2012 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name: Description: Type: 011612 BOD - Minutes.doc BOD Mtg Minutes 01/16/12 Minutes Approved by the Board of Directors of the Yorba Linda Water District 1/26/2012 MB/RC 5-0 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS WORKSHOP MEETING January 16, 2012 CALL TO ORDER The January 16, 2012 Workshop Meeting of the Yorba Linda Water District Board of Directors was called to order by President Hawkins at 3:00 p.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. 1. PLEDGE OF ALLEGIANCE Director Hawkins led the pledge. { 2. 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 Lee Cory, Operations Manager Ric Collett Gina Knight, Human Resources Manager Robert R. Kiley Stephen Parker, Finance Manager Art Vega, Interim IT Manager Damon Micalizzi, Public Information Officer Cindy Botts, Management Analyst 4 Annie Alexander, Executive Secretary ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Sanjay Gaur, Manager, Raftelis Financial Consultants Khanh Phan, Senior Consultant, Raftelis Financial Consultants 3. PUBLIC COMMENTS None. 4. PRESENTATIONS 4.1. Water Rate Study and Financial Planning Workshop (Presentations and Discussion) Mr. Vecchiarelli introduced Mr. Sanjay Gaur and Ms. Khanh Phan and explained that Raftelis Financial Consultants had been hired to provide the District with a Cost of Service and Water Rate Study as well as two Financial Models for the Water and Sewer Funds. These models will assist staff during the budget process for years to come. 1 Cost of Service, Financial Model & Rate Alternatives Mr. Gaur provided a PowerPoint presentation which included an overview of some financial plan scenarios and water rate structure options. Mr. Gaur and staff responded to questions from the Board regarding the water financial model, the District's reserve funds, bond funds, and Capital Improvement Plan (CIP), and savings associated with annexation to OCWD. Mr. Gaur recommended that the Board consider proceeding with the second financial plan scenario which included a modified CIP while continuing lobbying efforts for annexation. Mr. Gaur further recommended that the Board consider implementing one of two rate structure options, both of which included modified uniform commodity rates instead of staying with the status quo. Mr. Gaur then provided an overview of the new sewer financial model. Staff responded to questions from the Board regarding sewer rates for existing customers and new customers who were recently transferred from the City of Yorba Linda. A brief recess was declared at 4:11 p.m. The meeting was reconvened at 4:21 p.m. Revenue Needs and Options Ms. Botts provided a PowerPoint presentation regarding the current water rate and projected water costs. This included an overview of staff's capability of meeting objectives identified in the strategic plan with and without the implementation of a rate increase and/or a rate structure change. The Board then discussed the prioritization of projects listed in the CIP. The presentation concluded with a review of some housekeeping items related to refunds from outside agencies and determination of the monthly service charge. Staff was instructed to provide the Board with a ' prioritized CIP for review at a future meeting. 5. ADJOURNMENT 5.1. The meeting was adjourned at 5:29 p.m. The next regular meeting of the Board of Directors will be held January 26, 2012 at 8:30 a.m. Kenneth R. Vecchiarelli Board Secretary 2 ITEM NO. 8.3 AGENDA REPORT Meeting Date: January 26, 2012 Budgeted: Yes To: Board of Directors Cost Estimate: $1,472,448.81 Funding Source: All Funds From: Ken Vecchiarelli, General Manager Presented By: Stephen Parker, Finance Manager Dept: Finance Prepared By: Maria Trujillo, Accounting 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 $1,472,448.81. DISCUSSION: The wire and major items on this disbursement list are as follows: A wire of $97,357.22 to ACWA-HBA for February 2012 health premium; a check of $115,670.25 to Kana Pipeline, Incorporated for final progress payment on Pipeline Replacement; a check of $375,521.48 to Pacific Hydrotech Corporation for Highland December progress payment; and a check of $257,610.60 to Pascal & Ludwig Contractors for Well 20 December progress payment. The balance of $383,030.22 is routine invoices. The Accounts Payable check register total is $1,229,189.77; Payroll No. 1 total is $243,259.04; and, the disbursements of this agenda report are $1,472,448.81. 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: Name : Des=cription: i ype: CkReg12612 BCD.Pdf Check Register Backup Material 12-CS 126.doc Cap Sheet Backup Material CC Breakdown BB 1.26.12.xls Credit Card Detail Backup Material Approved by the Board of Directors of the Yorba Linda Water District 1/26/2012 MB/RC 5-0 RC abstained from voting on Check No. 58301 as he has a financial interest with the vendor. Yarba Linda Water District Check Register For Checks Dated: 1/13/2012 thru 1/26/2012 Check No. Date Vender Name Amount Description ($11)k or greater) 58317 01/26/2012 1st Enterprise Bank 41,724.62 Highland retention Dec 58138 01/13/2012 AAA Backflow & Meter Testing (110m) 58225 01/26/2012 ACWA/JPIA 25,81100 Workers' Comp prem Oct-Dec W12612 01/26/2012 ACWA-HBA 97,357.22 Health premium February 58226 01/26/2012 Advanced School Of Driving 5,985.00 57854 01/13/2012 Alex Yen ;1,000-00} 58227 01/26/2012 Anaheim Wheel & Tire 30.00 58228 01/26/2012 Anthem Blue Cross EAP 175-45 58229 01/26/2012 Apollo Technologies Inc. 410-00 58230 01/26;{2012 Aramark 617.21 58231 01/26/2012 Archie's Towing 95.00 58232 01/26/2012 Arrow hardware 161-71 58233 01/26/2012 Associated Laboratories 2,693-90 58234 01/26/2012 Autoscribe Corporation 157-25 58237 01/26/2012 B & M Lawn and Garden Inc 116.02 W11312 01/13/2012 Bank Of America 9,098.57 58235 01/26/2012 Battery Systems 366-72 58236 01/26/2012 Bee Busters, Inc 150.00 58238 01/26,12012 Brian Vargas 105-00 58250 01/26/2012 C. Wells Pipeline 1,333-41 58152 01/13,12012 Cal Municipal Treasurers Assn (70.00) 58239 01/26,!2012 Calif Water Environ Assn (CWEA) 73.00 58058 01113/2012 California Water Envlron Assn (146.00) 58240 01/26/2012 CDW Government, Inc 2,778.06 58241 01/26/2012 Certified Laboratories 667.53 58242 01/26/2012 Chambers Group inc. 740.40 58243 01/26/2012 Citizen's Business Bank 28,623-40 Well 20 retention December 58244 01/26/2012 City Of Anaheim 1,158.54 58245 01/26/2012 City Of Anaheim 1,500.00 58246 01/26/2012 City Of Placentia 10,535.43 Sewer Fees/Placentia Nov-Dec 58247 01/26/2012 City Of Yorba Linda 20,000.00 Palm Ave BPS deposit/insp svc 58248 01/26/2012 CIVILTEC Engineering, Inc 1,892.50 58221 01/26/2012 CLAUDIA ALBA 65.30 58249 01/26/2012 Clinical Lab. Of San Bern- 1,455-00 S8267 01/26/2012 Co5tco Online 389.44 58251 01/26/2012 Datalok Orange County 444-88 58223 01/26/2012 David lanacone 74.71 58255 01/26/2012 Dean Criske Trucking 1,300.57 S82S2 01/26/2012 DeltaCare USA 375.30 58253 01/26/2012 Dick's Lock & Safe Inc- 86-50 58254 01/26/2012 Doug A- Baker 74.00 58256 01/26/2012 Eisel Enterprises, Inc. 1,264.66 58257 01/261`2012 Equarius Waterworks 115.68 58259 01/26/2012 €yeMed 1,395-36 58258 01/26/2012 Facility Solutions Group Inc 1,032-47 58260 01/26/2012 Fry's Electronics 465.16 58261 01/26/2012 Fullerton Paint & Flooring 16130 58262 0112612012 Gary Melton 502.44 58213 01/26/2012 Hall & Foreman, Inc 13,212.30 PRS Upgrades December secs 58264 01/26/2012 Hi-Tech Security Solutions 313.65 58265 01/26/2012 Hobe Recreation Inc 110.00 58266 01/26/2012 Home Depot Credit Services 5.36 58268 01/26/2012 Infosend Inc. 3,460.05 58270 01/26/2012 J & S Construction 7,350.00 58271 01/25/2012 J. Todd Howard 50.00 58269 01/26/2012 Jackson's Auto Supply - Napa 815.84 58272 01/26/2012 Kana Pipeline, Inc 115,670.25 Pipeline Replacement final Nov 58281 01/26/2012 Kidman, Behrens, & Tague, LLP 34,076.46 Legal services December 58273 01/26/2012 Konica Minolta Business 39.45 58274 01/26/2012 Konica Minolta Business 928.16 57945 01/13/2012 Lakeview Associates, LLC (2,935-00) 58275 01/26/2012 Lee & Ro, Inc. 12,110.23 Palm Ave BPS December Svcs 58276 01/26/2012 Leighton Consulting, Inc. 2,481.50 58277 01/2612012 Liebert Cassidy Whitmore 7,155.00 582.78 01/26/2012 Light Bulbs Etc 400-03 58279 01/26/2012 LPR-Laser Printer Repair Co 396.39 58280 01/26/2012 Marina Landscape, Inc 1.377.47 58282 01/26/2012 Mc Fadden-Dale Hardware 537.72 58283 01/26/2012 Mc Master-Carr Supply Co. 28.03 58284 01/26/2012 Merchants Building Maintenance LL( 5,993.13 58285 01/26/2012 Michael J. Beverage 211.19 58286 01/26/2012 Microsoft Corporation 483.80 58287 01/26/2012 Minuteman Press 527.59 58288 01/26/2012 Morton Salt, Inc- 2,419.42 58289 01/26/2012 Muhammad Peshirnam 250.00 58290 01/26/2012 Muzak LI-C 70.88 58291 01/26/2012 MWH Americas, Inc. 28,025.19 Highland September Svcs 58292 01/26/2012 Nextel Of California 1,876.44 58293 01/26/2012 Nickey Petroleum Co 5,444-27 58294 01/26/2012 Novusolutions 3,800.00 58295 01/26/2012 Office Solutions 522.28 58296 01/26/2012 One Source Distributors, LLC 516.13 58297 01/26/2012 Orange County - Tax Collector 100.00 58305 01/26/2012 P.T.I. Sand & Gravel, Inc. 1,648.50 58299 01/26/2012 Pacific Hydrotech Corporation 375,521.48 Highland progress pay Dec 58298 01/26/2012 Pacific Sewer Maintenance 7,439.45 58300 01/26/2012 Pascal & Ludwig Constructors, Inc 257,610.60 Well 20 progress pay Dec 58301 01/26/2012 Placentia Disposal #676 469.58 58302 01/26/2012 Powerstride Battery 6536 58303 01/26/2012 Praxair Distribution 105.95 58304 01/26/2012 Prudential Group Insurance 3,025.46 58306 01/26/2012 Raftelis Financial Consultants, Inc. 3,150.00 58307 01/26/2012 Ramtek LLC 513.97 58308 01/26/2012 Sancon Engineering Inc. 9,215.00 W11812 0111812012 Southern Calif Edison Co. 31,775.51 All sites December W12412 01/2412012 Southern Calif Edison Co. 1,986.71 58309 01/26/2012 Southern Calif Gas Co- 11,949.52 Richfield, Highland secs Dec 58310 01/261/2012 Staples Business Advantage 861.25 58311 01/26/2012 Stephen Parker/ Petty Cash 237.78 58220 01/26/2012 STEVE MC CLASKEY 14432 58312 01/26/2012 Sunstate Equipment Co 68.96 58222 01/26/2012 TED ARIHARA 63.77 58313 01/26/2012 Terminix Processing Center 185.00 58314 01/26/2012 Terryberry Company 968.17 58315 0112612012 Underground Service Alert 106.50 58316 01/26/2012 United Industries 131.19 58318 01'26/2012 Village Nurseries 110.39 58319 01/26/2012 Wells Supply Co 9,129.85 58320 01/26/2012 Wolverine Fence Co. Inc. 2,500.40 58321 01/26/2012 Yorba Linda Hardware 80.62 58224 01/26/2012 7BIGNIEW TYCNER 63-96 Total $1,229,189.77 January 26, 2012 CHECK NUMBERS: Void Checks 57854, 57905, 58058, 58138, and 58152 $ (4261.00) Computer Checks 58220-58321 $ 1,093,232.76 $ 1, 088, 971.76 WIRES: W-11312 Business Card $ 9,098.57 W-11812 Southern Cal Edison $ 31,775.51 W-12412 Southern Cal Edison $ 1,986.71 W-12612 ACWA-HBA $ 97,357.22 $ 140,218.01 TOTAL OF CHECKS AND WIRES $ 1,229,189.77 PAYROLL NO. 1: Computer Checks 5157-5160 Manual Checks 5161- 5169 Computer Checks 5170 $ 243,259.04 DISBURSEMENT TOTAL: $ 1,472,448.81 APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF JANUARY 26, 2012 Cash Rewards Credit Card Bank of America November 22 - December 15 Date Vendor Name Amount Description 22-Nov CSDA 575.00 BOARD SEC CONFERENCE ALEXANDER 29-Nov IEC 95.36 FURNITURE LEVELER 29-Nov IBOATS.COM 78.57 UPS BATTERY TRAYS/IT 30-Nov SEES CANDY 959.15 YLWD EMP DISCOUNT PROG 6-Dec THAI HOUSE RESTAURANT 29.35 LUNCH/TRAINING CLASS 8-Dec RAMCO 288.00 ICE MACHINE REPAIR 9-Dec BATTERY STUFF.COM 215.00 BATTERY CHARGER 9-Dec PROFESSNL EDUC SREVICE 54.50 ETHICS FOR CPA PARKER 8-Dec Y L COUNTRY CLUB 2,841.29 YLWD EMP RECOGNITION DINNER 12-Dec Y L COUNTRY CLUB 144.82 YLWD EMP RECOGNITION DINNER 15-Dec INLAND GROUP 3,817.53 YLWD NEWSLETTER TOTAL 9,098.57 ITEM NO. 8.4 AGENDA REPORT Meeting Date: January 26, 2012 Budgeted: Yes Total Budget: $1,500,000 To: Board of Directors Cost Estimate: $1,134,109 Funding Source: Water Capital Reserves 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: Joe Polimino, Project Engineer CEQA Compliance: Exempt Subject: Progress Payment No. 3 for Construction of 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. 3 in the net amount of $257,610.60 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. 3, in the amount of $286,234.00 for completed work through December 31, 2011. During this period, the contractor constructed the well pedestal and began trenching for yard piping. They installed approximately 430 feet of yard piping and installed a butterfly valve. Work also continued on the outfall structure with the placement of rock for the drain discharge. 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. 3 is $286,234.00 (25.2% of the total contract amount), less 10% retention of $28,623.40 for a net payment of $257,610.60. . If approved, total payments to date including retention will be $351,543.00 (31.0% of the total contract amount). . As of December 31, 2011, 94 calendar days were used (78.3% of the contract time). District staff is currently reviewing the contractor's request for additional days due to equipment delivery delays. Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 3 is attached for your reference. 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 has approved two progress payment to date for this project, the last which was approved January 12, 2012. ATTACHMENTS: Name: Description: Type: P L Well 20 Protect Progress Pay Request 3.pdf Well 20 Progress Payment No. 3 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 1/26/2012 MB/RC 5-0 YORBA LINDA WATER DISTRICT PROGRESS PAY DEPORT PROJECT Well 20 Project - - PROGRESS PAY REQUEST NO. 003 LOCATION Yprba Linda, CAPROJECT NO, 200711 PAGE 1 OF 1 PAGES - CONTRACTOR Pascal & Ludwig Constructors - - DATE 1111112 ORIGINAL CONTRACT AMOUNT: $ 1,134,909.00 ~ . J AUTHORIZED CHANGE ORDER& S _ REVISED CONTRACT AMOUNT: S 1,134,109.00 _ PROGRESS PAY ESTIMATE FOR PERIOD December 1, 2012 TO _ December 31, 2012 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 55,309.00 S 286,23420 $ 351.543.00 CHANGE ORDER WORK COMPLETED $ $ _ $ TOTAL VALUE OF WORK COMP_,ETED $ 55,309.00 $ 286,234.00 $ 351,543.00 LESS RETENTION 1D% 5 58.778.1Q S 25,-.610.61) $ 316,388.70 LESS OTHER DEDUCTIONS Electronic Wire Fees NET EARNED TO DATE $ 336.388.70 LESS AMOUNT PREVIOUSLY PAID S 58,778.10 BALANCE DUE THIS ESTIMATE $ 257.610.60 NOTICE TO PROCEED September 29, 2011 COMPLETION TIME 120 CALENDAR DAYS APPROVED TIME EXTENSIONS 0 CALENDAR DAYS TOTAL CONTRACT TIME 120 CALENDAR DAYS TIME EXPENDED TO DATE 94 CALENDAR DAYS TIME REMAINING 26 CALENDAR DAYS 1 REQUESTED BY: Bryan Kaiser, P ie Manager. Pascal Ludwig RECOMMENDED: _ DATE: J~~lae Poll Ina. Protect Engineer, YLWD J APPROVED BY: DATE: Steve Cenlclin, Engineering Manager, YL4VD` ITEM NO. 8.5 AGENDA REPORT Meeting Date: January 26, 2012 Budgeted: Yes Total Budget: $5.5 M To: Board of Directors Cost Estimate: $5.5 M Funding Source: Water Capital Reserves From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: J-200814 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: No Prepared By: Joe Polimino, Project Engineer CEQA Compliance: MND Subject: Progress Payment No. 12 for Construction of the Highland Booster Pump Station Project SUMMARY: Work is proceeding on construction of the Highland Pump Station Project that includes a new building, three electric motor driven pumps, two natural gas engine driven pumps, various piping, a surge tank and a new access road. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 12 in the net amount of $375,521.48 to Pacific Hydrotech Corporation for construction of the Highland Booster Pump Station Project, Job No. 200814. DISCUSSION: In accordance with the contract documents, Pacific Hydrotech Corporation submitted a request for Progress Payment No. 12, in the amount of $417,246.10 for completed work through December 31, 2011. During this period, the contractor continued work inside the building with discharge pipe installation from the electric pumps and electrical work. They also continued work on the surge control system, yard piping and valve installations. The contractor under Change Order No. 1 continued work on the drainage ditches for the existing reservoir, poured concrete for the desilting basin and completed the abandonment of the existing 12-inch line, clearing the way for new yard piping. The status of the construction contract with Pacific Hydrotech Corporation is as follows: . The current contract is $4,655,065.72 and 352 work days (includes Change Order No. 1 & 2 which added 66 workdays and $129,265.72) starting November 1, 2010. . If approved, Progress Payment No. 12 is $417,246.10 (9.0% of the total contract amount), less 10% retention of $41,724.62 (adjusted by 1 cent) for a net payment of $375,521.48. . If approved, total payments to date including retention will be $3,443,842.31 (74.0% of the total contract amount). . As of December 31, 2011, 291 work days were used (82.7% of the contract time). Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 12 is attached for your reference. 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): A construction contract in the amount of $4,525,800 was awarded to the low bidder, Pacific Hydrotech Corporation on August 12, 2010. The Board has approved eleven progress payments to date for this project, the last of which was approved on January 12, 2012. ATTACHMENTS: PHC Progress Pay 12 for Highland PS.pdf PHC Progress Payment No. 12 Highland PS Backup Material Approved by the Board of Directors of the Yorba Linda Water District 1/26/2012 MB/RC 5-0 Y®RBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Highland Booster Station Replacement PROGRESS PAY REQUEST NO. 012 LOCATION Yorba Linda, CA PROJECT NO. 200814 PAGE 1 OF 1 PAGES CONTRACTOR Pacific Hydrotech Corporation DATE 1/612012 ORIGINAL CONTRACT AMOUNT: $ 4,525,800.00 AUTHORIZED CHANGE ORDERS; $ 129,265.72 REVISED CONTRACT AMOUNT: $ 4,656,065.72 PROGRESS PAY ESTIMATE FOR PERIOD December 1, 2011 TO December 31, 2011 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 2,989;500.00 $ 342,050.00 $ 3,331,550,00 CHANGE ORDER WORK COMPLETED $ 37,496.21 $ 75,196.10 $ 112,292.31 TOTAL VALUE OF WORK COMPLETED $ 3,026,596.21 $ 417,246.10 $ 3,443,842.31 LESS RETENTION 10% $ 344,384.23 LESS OTHER DEDUCTIONS Electronic Wire Fees $ - NET EARNED TO DATE $ 3,099,458.07 LESS AMOUNT PREVIOUSLY PAID $ 2,723,936.59 BALANCE DUE THIS ESTIMATE $ 375,521.48 NOTICE TO PROCEED November 1, 2010 COMPLETION TIME 286 WORK DAYS APPROVED TIME EXTENSfONS 66 WORK DAYS TOTAL CONTRACT TIME 352 WORK. DAYS TIME EXPENDED TO DATE 291 WORKDAYS TIME REMAINING 61 WORK DAYS REQUESTED BY: DATE' 1/6/2012 Ronald Wiebe, Proje Coordinator, Pacific Hydrotech Corporation RECOMMENDED: G J- - - DATE: / tl Z I Joe Polirnino, Project Engineer, YLWD APPROVED BY: DATE: Steve Conklin, Engineering Manager, YLWD ITEM NO. 8.6 AGENDA REPORT Meeting Date: January 26, 2012 Budgeted: Yes Total Budget: $873,300 To: Board of Directors Cost Estimate: $670,000 Funding Source: Water Capital Reserves 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: Final Progress Payment No. 4 and Notice of Completion for the 2010 Waterline Replacement Project, Phase 1 - Plumosa Drive Project. SUMMARY: Work is complete for construction of the 2010 Waterline Replacement Project, Phase 1 - Plumosa Drive Project. Submitted for consideration is Final Progress Payment Number 4 and request for authorization to file the Notice of Completion for the project. STAFF RECOMMENDATION: That the Board of Directors approve Final Progress Payment No. 4, in the net amount of $115,670.25, to Kana Pipeline Inc. and 10% retention of $12,852.25; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation, if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for the construction of the 2010 Waterline Replacement Project, Phase 1 - Plumosa Drive Project, Job No. 201012. DISCUSSION: In accordance with the contract documents, Kana Pipeline, Inc. submitted a request for Final Progress Payment No. 4 in the amount of $128,522.50, which is the final payment for all work on the project through the completion date of November 20, 2011. During this period, the contractor completed hydrotesting, all connections, restoration work to curb, gutter, sidewalk and pavement and just recently finished all of the remaining punchlist items to complete the project. This is the final pay request for this project, as described: . The current contract is $668,112.50 and 146 calendar days starting June 28, 2011 (includes $100,112.50 in authorized change orders and an additional 41 calendar days approved time extension). . If approved, Progress Payment No. 4 is $128,522.50 (19.2% of the total contract amount), less 10% retention of $12,852.25 for a net payment of $115,670.25. . If approved, total payments including retention will be $668,112.50 (100% of the total contract amount). . As of November 20, 2011, 146 calendar days were used (100% of the total contract time, by which time the District received beneficial use of the pipeline). Staff reviewed the contractor's final progress payment and recommends approval. A copy of Final Progress Payment No. 4 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 three progress payments to date for this project, the last of which was approved December 22, 2011. On that date, the Board also approved Change Order No. 1 in the amount of $100,112.50 and the addition of 41 calendar days to the contract completion time. ATTACHMENTS: Name: Description: Type: Plumosa Pipeline Protect Final PPR 4 Kana Pipeline.pdf Final Progress Payment No. 4 Kana Pipeline Inc. Backup Material Approved by the Board of Directors of the Yorba Linda Water District 1/26/2012 MB/RC 5-0 YORBA LINDA WATER [DISTRICT FINAL PROGRESS PAY REPORT PROJECT Plumosa Pipeline Project PROGRESS 'F'AY REQUEST NO. 004 LOCATION Yorba Linda, ACA PROJECT NO. 201012 PAGE 1 OF 1 PAGES CONTRACTOR Kana Pipeline, Inc. DATE 119112 ORIGINAL CONTRACT AMOUNT: 568,000.00 AUTHORIZED CHANGE ORDERS: $ 100,112.50 REVISED CONTRACT AMOUNT: $ 668,112.50 PROGRESS PAY ESTIMATE FOR PERIOD November 1, 2011 TO November 30, 2011 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 539,590.00 $ 28,410.00 $ 568,000.010 CHANGE ORDER WORK COMPLETED $ - $ 100,112.50 $ 100,112.50 TOTAL VALUE OF WORK COMPLETED $ 539,590.00 $ 128,522.50 $ 668,112.50 LESS RETENTION 10% $ 485,631.00 $ 115,670.25 $ 601,301.25 LESS OTHER DEDUCTIONS Electronic Wire Fees NET EARNED TO DATE $ 601.301.25 LESS AMOUNT PREVIOUSLY PAID $ 485,631.00 BALANCE DUE THIS ESTIMATE $ 115,670.25 NOTICE TO PROCEED June 28, 2011 COMPLETION TIME 105 CALENDAR DAYS APPROVED TIME EXTENSIONS 41 CALENDAR DAYS TOTAL CONTRACT TIME 146 CALENDAR DAYS TIME EXPENDED TO DATE 166 CALENDAR DAYS TIME REMAINING -10 CALENDAR DAYS REQUESTED BY: DATE: I Rizwan Rana, Pr I anager, Kana Pipeline RECOMMENDED: DATE: Z~ 'sloe Polirnno, Project Engineer, YLVVD ii APPROVED BY: DATE: Steve Conklin, Engineering Manager, YLWD ITEM NO. 8.7 AGENDA REPORT Meeting Date: January 26, 2012 Budgeted: N/A To: Board of Directors Funding Source: N/A From: Ken Vecchiarelli, General Manager Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: Pending Prepared By: Ariel Bacani, Engineering CEQA Compliance: N/A Technician II Subject: Declaration of Restrictive Covenants with William Payne - 4389 Smoketree Avenue, Yorba Linda SUMMARY: Mr. William Payne proposes to extend a wrought iron fence and gate across the District's dedicated sewer easement within 4389 Smoketree Avenue. District staff reviewed the encroachment and recommends approval subject to the execution of a Declaration of Restrictive Covenants. STAFF RECOMMENDATION: That the Board of Directors authorize the President and Secretary to execute the Declaration of Restrictive Covenants with William Payne. DISCUSSION: Mr. Payne proposes to extend an existing wrought iron fence and construct a gate within a dedicated sewer easement at 4389 Smoketree Avenue. The improvements will run across the sewer main within the easement, as shown in the enclosed exhibit. Staff reviewed the applicant's request and determined the improvements would have minimal impact on operations and maintenance of the District's facilities. To further protect the District's interest, staff recommends the execution of the attached Declaration of Restrictive Covenants in the form approved by General Counsel. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors has authorized execution of similar Declarations of Restrictive Covenants with various developers and property owners. ATTACHMENTS: Name: Description: Type: DoRC - 4389 Smoketree Ave.pdf Declaration of Restrictive Covenants Agreement Approved by the Board of Directors of the Yorba Linda Water District 1/26/2012 MB/RC 5-0 RECORDING REQUESTED BY and when recorded return to: Yorba Linda Water District P.O. Box 309 Yorba Linda, California 92885-0309 This is to certify that this Declaration of Restrictive Covenants is presented for recording under the provisions of Gov. Code Sec. 27383 by the Yorba Linda Water District in pcrfornnancc of an official service thereof. Kenneth R. Vecchiarelli - Secretary Space Above This Line for Recorder's Use DECLARATION OF RESTRICTIVE COVENANTS (ENCROACHMENT ON DISTRICT EASEMENT) THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") is made this 26th day of January, 2012, by and between YORBA LINDA WATER DISTRICT ("YLWD"), a public agency, created and operating under the authority of Division 12 of the California Water Code, and WILLIAM R. PAYNE, JR. ("Owner"), with reference to the following recitals of fact: RECITALS A. The Owner is the legal owner of that certain real property located at 4389 Smoketree Avenue, Yorba Linda, California 92886 ("Subject Property"), which is more particularly described as follows: LOT 45 OF TRACT 10287, IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP, RECORDED AUGUST 30, 1978, IN BOOK 438, PAGES 18 TO 23 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. B. YLWD owns an Easement, as identified on the Tract Map No. 10287, recorded August 30, 1978, in Boole 438, Pages 18 through 23, Official Records of Orange County, California ("Easement"), across a portion of the Subject Property. Within the Easement, YLWD owns and maintains an 8-inch sewer main and manhole ("District Facilities"). 1 C. The Owner desires to construct a wrought iron fence and gate (collectively herein referred to as "Improvements") within and along the Easement area (hereinafter, "Encroachment"), as illustrated in Exhibit "A" attached hereto and incorporated by reference herewith. D. YLWD conditionally consents to Encroachment of the Improvements within and along the Easement area as stipulated in this Declaration. Owner is aware that the Improvements may lead to problems affecting and/or interfering with YLWD's use of the Easement. E. Although the construction or existence of walls, structures, and other improvements within and along the Easement area may interfere or restrict YLWD's Easement rights, the Owner wishes to construct and use the Improvements within and along the Easement area. NOW, THEREFORE, incorporating the above recitals, YLWD and Owner declare as follows: 1. Covenant Running with Land. This Declaration constitutes a covenant running with the land as provided by the California Civil Code Section 1468 and shall benefit, burden, and bind the successive owners of the Subject Property and the Easement. 2. Successors and Assigns Bound. Since Owner wishes to pursue the Encroachment, this Declaration obligates the current and future owners of the Subject Property to remedy any future adverse events and to fund any necessary maintenance costs on the Easement and/or Subject Property that may arise in full or in part due to the existence, construction, or damages caused by the Encroachment. 3. Damages to District Facilities. Owner assumes full responsibility, liability and shall pay for any cost(s) or damage(s) to the District Facilities and appurtenant structures, arising from or related to the construction, existence, and/or use of the Improvements. YLWD shall not be responsible for any cost(s) or damage(s) to the District Facilities and appurtenant structures that arise from the Encroachment. 4. Damages to Third Parties. Owner, its successors or assigns, agrees to indemnify and hold YLWD, its officers, directors, employees, agents and consultants, harmless against any third 2 party claims related to or arising out of the construction, existence and/or use of the Improvements. 5. Damages to Improvements. Owner acknowledges that the Improvements may be damaged or demolished to permit reasonable access to or reasonable work within and under the Easement area. YLWD, its officers, directors, employees, agents and consultants, shall not be responsible for any damage(s) to or because of the Improvements which results from YLWD's exercise of rights under the Easement. Owner, its successors or assigns, waives all known, unknown, and future claims, liabilities, causes of action, and expenses (including, but not limited to, attorneys' fees) against YLWD, its officers, directors, employees, agents and consultants, for losses and damages to the Improvements and from any obligation to protect, preserve, repair, or replace the Improvements. Construction, use, protection, repair and replacement of the Improvements shall be entirely the risk and obligation of Owner, its successors or assigns, even if damage is caused by YLWD. 6. Recording of Agreement. This Declaration shall be recorded in the Office of the Recorder of the County of Orange, California, and shall constitute notice to all successors and assigns of the title to the Subject Property of the rights and obligations set forth herein. 3 Approved as to Form: Kidman Law, LLP YORBA LINDA WATER DISTRICT: Arthur G. Kidman General Counsel Phil Hawkins President Kenneth R. Vecchiarelli Secretary OWNER: William R. Payne, Jr. 4 BMW. SITE BASTANCHURY ROAD MANZANITA w ~Y ~C Q SMOKETREE AVE. YP ~ BLVD. YORBA C~NBA I I I I VICINITY MAP I I I I r StijpKET ~l REEA V A~, ~e ,Q ~ EX. HOUSE PROPOSED GATE I~. f d' PROPOSE \ \ QED Cq TsEWFR ROUGH RAI YO TERS/p TO RB`I//yam TO C/ y p~F/VT O / I \ Y/ q qND TRgF ~ / ONT ~ROUG ~ / ~ I \ \ ~ ~ ~SFERRFD FENCE HT NZ SDM l m wgjE//VE DI, R AOSEHER/V A ~OOPOVTgN / 0 4371 ~ - - - _ / - LOCATION MAP PREPARED BY: EXHIBIT "All SCALE: AS-NOTED YORBA LINDA WATER DISTRICT DATE: 01/12/2012 DECLARATION OF RESTRICTIVE 1717 E. MIRALOMA AVENUE COVENANTS FOR 4389 PLACENTIA, CALIFORNIA 92870 SMOKETREE AVE. FILENAME: (714) 701-3000 ITEM NO. 9.1 AGENDA REPORT Meeting Date: January 26, 2012 To: Board of Directors 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 Technician Subject: Resolution Authorizing an Amendment to the 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 employees hired prior to December 8, 2011. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 12-01 Authorizing an Amendment to the 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 and recommends that the Board of Directors adopt Resolution No. 12-01. DISCUSSION: The Board of Directors of the District is asked to adopt Resolution No. 12-01 authorizing an amendment to the contract between the District and the Board of Administration of the Public Employees' Retirement System. The District has certified 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 has disclosed 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 has allowed a 20-day period between the adoption of the Resolution of Intention and the adoption of the final Resolution Amending the CalPERS contract. PRIOR RELEVANT BOARD ACTION(S): At its meeting held December 22, 2011, the Board of Directors approved a Resolution of Intention to Amend Contract with CalPERS to provide Section 20475 (Different Levels of Benefits). ATTACHMENTS: Name: Doscdpti; n: u ype: SKMBT C55212011016130.pdf Resolution No. 12-01 and Contract Amendment Backup Material Approved by the Board of Directors of the Yorba Linda Water District 1/26/2012 RC/GM 5-0 Roll Call YORBA LINDA WATER DISTRICT RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT No. 12-01 WHEREAS, the Board of Administration of the California Public Employees' Retirement System and the Board of Directors of the Yorba Linda Water District entered into a contract effective on December 21, 1975 providing for the participation of said public agency in the California Public Employees' Retirement System; and WHEREAS, it is now desirable to take advantage of certain benefits provided under said Retirement System and not included in said contract; NOW, THEREFORE, BE IT RESOLVED, that said governing body authorized, and it does hereby authorize, an amendment to said contract, a copy of said amendment attached hereto and by such reference made a part hereof as though herein set out in full, and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the presiding officer of said governing body is hereby authorized, empowered and directed to execute said amendment for and on behalf of said public agency. Adopted this 26th day of January ,2012 Presiding Officer Phil Hawkins Board President Yorba Linda Water District Attest: Clerk/Secretary Kenneth R. Vecch,iarelli Board Secretary. Yorba Linda Water District (Amendment) PERS-CON-13 (Rev. 1198) CAPERS California Public Employees' Retirement System 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, 2007, 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 (Ca1PERS) 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 CalPERS 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 355, 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 CalPERS' 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, 19'75. 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). 10. 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 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, 11. Public Agency, in accordance with Government Code Section 20790, 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 YORBA LINDA WATER DISTRICT BY BY KAREN DE FRANK, CHIEF PRESIDING OFFICER CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Clerk AMENDMENT ER# 2682144221 PERS-CON-702A ITEM NO. 9.2 AGENDA REPORT Meeting Date: January 26, 2012 To: Board of Directors 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 Technician Subject: Resolution For Employer Paid Member Contributions 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 and accepting that new employees will pick up their 7% employee contribution to CalPERS. This contribution is paid by the District for employees hired prior to December 8, 2011. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 12-02 For Employer Paid Member Contributions providing that the District will pay 0% of the Employer Paid Member Contributions for employees hired after January 26, 2012. COMMITTEE RECOMMENDATION: The Personnel-Risk Management Committee reviewed the proposal to authorize a contract Amendment with CalPERS at their meeting held December 13, 2011. DISCUSSION: The Board of Directors of the District is asked to adopt Resolution No. 12-02, Employer Paid Member Contributions (EPMC). The Resolution provides that the District elects to pay 7% of the EPMC for employees hired prior to December 8, 2011 and will pay 0% of the EPMC for employees hired after January 26, 2012. Thus, employees hired after approval of the resolution will pick up their 7% employee contribution to CalPERS. This change is included in the adopted Memorandum of Understanding and approved Letters of Compensation. It is a requirement of CalPERS that the District adopt a resolution delineating this exception. PRIOR RELEVANT BOARD ACTION(S): At its meeting held December 22, 2011, the Board of Directors approved a Resolution of Intention to Amend Contract with CalPERS to provide Section 20475 (Different Levels of Benefits). ATTACHMENTS: Name: Description: Type: Resolution No. 12-02.doc Resolution No. 12-02 Resolution Approved by the Board of Directors of the Yorba Linda Water District 1/26/2012 MB/RK 5-0 Roll Call RESOLUTION NO. 12-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT FOR EMPLOYER PAID MEMBER CONTRIBUTIONS WHEREAS, the Board of Directors of the Yorba Linda Water District has elected to pay all or a part of the normal member contributions to the California Public Employees' Retirement System (CaIPERS) pursuant to Government Code Section 20691, and applicable labor policies or agreements; WHEREAS, the Board of Directors of the Yorba Linda Water District may elect an Exception to said Employer Paid Member Contributions (EPMC) with a given group or class of employees as defined in Government Code Section 20636(e)(1) and as specifically authorized in Title 2, California Code of Regulations Section 569; WHEREAS, the Board of Directors of the Yorba Linda Water District has identified the following conditions for the application of said Exception; • This exception shall apply to all employees of the Yorba Linda Water District. • Yorba Linda Water District elects to pay 7% for all current employees. • For employees hired after January 26, 2012, the Yorba Linda Water District will pay Employer Paid Member Contributions (EPMC) according to the following schedule: January 26, 2012 at 0 % • The effective date of this Resolution shall be January 26, 2012. NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the Yorba Linda Water District elects the Exception as set forth above. Resolution No. 12-02 Employer Paid Member Contributions 1 PASSED AND ADOPTED this 26th day of January 2012 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 Labor Counsel: Richard M. Kreisler Liebert Cassidy Whitmore Resolution No. 12-02 Employer Paid Member Contributions 2 ITEM NO. 9.3 AGENDA REPORT Meeting Date: January 26, 2012 Budgeted: No 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 Prepared By: Gina Knight, HR/Risk Manager Subject: Proposal for Additional Coverage to the Property Insurance Program SUMMARY: Staff inquired into the costs of insuring approximately 41 additional District vehicles under the District's property program through ACWA-JPIA. These vehicles have not been covered by any insurance plan. Therefore, if any of these vehicles were damaged and it was determined that the District was at fault for the damages, then the District would be fully responsible for any and all repairs or replacement through the District's Self-Insured Program. STAFF RECOMMENDATION: That the Board of Directors approve extending comprehensive and collision insurance coverage to the remaining District vehicles not currently covered under the District's Property Program. The proposed coverage would become effective during the April 1, 2012 property insurance renewal period. COMMITTEE RECOMMENDATION: The Personnel-Risk Management Committee discussed this item at its meeting held on January 10, 2012. The Committee will discuss its recommendation at the Board of Directors meeting on January 26, 2012. DISCUSSION: During the April 1, 2011 property renewal period, the Committee requested that staff research the costs associated with extending insurance coverage for District vehicles not currently covered through the District's property insurance program. On December 16, 2011, an ACWA-JPIA insurance representative provided a rough estimate for the additional costs for comprehensive and collision insurance for approximately 41 District vehicles (3 private passenger vehicles, 33 light trucks, 4 sport utility vehicles and 1 van). The estimated premium for the additional coverage is approximately $5,300 based on 2011-2012 property rates. The deductible will be $500 per reported incident. The District's current property insurance policy will expire on March 31, 2012. The additional coverage would become effective April 1, 2012 through March 31, 2013. Approved by the Board of Directors of the Yorba Linda Water District 1/26/2012 MB/RC 5-0 ITEM NO. 9.4 AGENDA REPORT Meeting Date: January 26, 2012 To: Board of Directors 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 Chris D'Amico, STAFF RECOMMENDATION: That the Board of Directors reject the claim filed by Mr. D'Amico and refer it to ACWA/Joint Powers Insurance Authority. COMMITTEE RECOMMENDATION: The Personnel-Risk Management Committee discussed this claim at its meeting held January 10, 2012. DISCUSSION: Chris D'Amico, filed a claim with the District on December 28, 2011. Mr. D'Amico claims that while traveling on Bastanchury near Casa Loma in Yorba Linda, he drove over a Yorba Linda Water District water cover, which flipped up under his car, causing auto body damage and a blown out tire. Mr. D'Amico has receipts for replacement of a tire and estimates for auto body repair and rental car. He is asking for an unspecified amount from the District to pay for replacement of his tire, repair of his automobile and a rental car to use while his auto is under repair. Staff discussed the claim with an ACWA-JPIA Sr. Claims Adjuster who recommended the claim be rejected and referred. The Sr. Claims Adjuster will send an appraiser to assess the damage to Mr. D'Amico's vehicle before considering payment of the claim. ATTACHMENTS: Carne: Description: Type: Claim.pdf Claim Backup Material Approved by the Board of Directors of the Yorba Linda Water District 1/26/2012 RC/RK 5-0 PLEASE CONTACT YLWD RECORDS DIVISION FOR THIS ATTACHMENT (714) 701-3101 records@ylwd.com ITEM NO. 12.1 AGENDA REPORT Meeting Date: January 26, 2012 Subject: Executive-Administrative-Organizational Committee (Hawkins/Melton) Minutes of meeting held January 11, 2012 at 4:00 p.m. Meeting scheduled February 8, 2012 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 011112 EAO - Minutes.doc EAO Mtg Minutes 01/11/12 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT EXEC-ADM IN-ORGANIZATIONAL COMMITTEE MEETING January 11, 2012 A meeting of the Executive-Administrative-Organizational 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 Ken Vecchiarelli, General Manager Director Gary T. Melton Damon Micalizzi, Public Information Officer OTHER ATTENDEES None. 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. ACWA Health Benefits Authority Board of Directors Election Mr. Vecchiarelli reported on the District's authority and right to elect a member to the Board of ACWA Health Benefits Authority. Staff received three letters requesting support of two candidates to the position. The Committee considered the benefits of each of these nominees and suggested the Board take the matter under consideration. The item will be presented to the Board at their meeting on January 12 since election ballots are due January 23 before the second Board of Directors meeting in January. 2.2. Water Education Foundation Membership The Committee discussed the benefits and costs of annual membership to the Water Education Foundation. The recommended membership dues has escalated substantially each year and staff was seeking the Committee's and the Board's input to determine if they desired to continue the District's membership and if so, at what sponsorship level. The Committee suggested not renewing this year and further assessing the value to determine if the District's goals and objectives are impacted by this change. 1 3. DISCUSSION ITEMS 3.1. Rescheduling Standing Date of Future Committee Meetings The Committee discussed future dates and established compatible meeting dates for the Committee through June 2012. Staff will revised the Board Calendar accordingly. 3.2. Status of Strategic Plan Initiatives The Committee reviewed the status of strategic planning initiatives that were revised since the last meeting. 3.3. Future Agenda Items and Staff Tasks None. 4. ADJOURNMENT 4.1. The Committee adjourned at 5:35 p.m. The next meeting of the Executive-Administrative-Organizational Committee will be held February 8, 2012 at 4:00 p.m. 2 ITEM NO. 12.3 AGENDA REPORT Meeting Date: January 26, 2012 Subject: Personnel-Risk Management Committee (Beverage/Collett) Minutes of meeting held January 10, 2012 at 4:00 p.m. Meeting scheduled February 14, 2012 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 011012 PRM - Minutes.doc PRM Mtg Minutes 01/10/12 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL-RISK MANAGEMENT COMMITTEE MEETING January 10, 2012 A meeting of the Personnel-Risk Management Committee was called to order by Director Beverage at 4:06 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Michael J. Beverage, Chair Ken Vecchiarelli, General Manager Director Ric Collett Gina Knight, Human Resources Manager 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Proposal for Additional Coverage to the Property Insurance Program Gina Knight presented a proposal to extend comprehensive and collision insurance coverage to the remaining District vehicles not currently covered through the District's property insurance provider. The Committee will recommend that the Board of Directors consider the proposal at the next Board of Directors meeting on January 26, 2012. 3. DISCUSSION ITEMS 3.1. Human Resources Department Activity The Committee reviewed and discussed the updated activities log. Staff reported on the status of several tort claims to include a recommendation for the Committee to recommend that the Board of Directors reject and refer a claim submitted by Mr. Chris D'amico at the next Board of Directors meeting on January 26, 2012. 3.2. Status of Recruitments and Budgeted Positions Gina Knight reported that the Public Affairs intern recruitment was posted on January 5, 2012 with a closing date of January 19, 2012. Staff reported that as of January 10, 2012 the District had received one application for the intern position. 3.3. Status of Strategic Plan Initiatives (Verbal Report) Staff discussed that more tools were needed to assist with the development of a plan that was specific to the District's needs. Staff will be participating in succession planning workshops in the near future to acquire those tools. 1 3.4. Future Agenda Items and Staff Tasks Staff was reminded by the Chair, to include on future agendas the assessment of the District's organizational structure for efficiency and streamlining opportunities as well as the restructuring of departments. 4. ADJOURNMENT 4.1. The Committee adjourned at 5:17 p.m. The next meeting of the Personnel-Risk Management Committee will be held February 14, 2012 at 4:00 p.m. 2 ITEM NO. 12.4 AGENDA REPORT Meeting Date: January 26, 2012 Subject: Planning-Engineering-Operations Committee (Collett/Kiley) Minutes of meeting held January 5, 2012 at 4:00 p.m. Meeting scheduled February 2, 2012 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 010512 - PEO Minutes.docx PEO Mtg Minutes 01/05/12 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING January 5, 2012 A meeting of the Planning-Engineering-Operations Committee was called to order by Director Collett at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Ric Collett, Chair Ken Vecchiarelli, General Manager Director Robert R. Kiley Steve Conklin, Engineering Manager John DeCriscio, Chief Plant Operator 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.4 Project Recap and Forward Planning At the request of Mr. Vecchiarelli and approval of the Committee, this item was brought forward to provide a briefing to the new Committee on projects completed, in process, and in planning. Mr. Conklin presented the summary table titled "Project Recap and Forward Planning." Mr. Conklin discussed the construction projects, agreements and reports completed in 2010, and projects currently in construction, design and under study. Also presented and discussed were Forward Planning Objectives for 2012 and the years to follow. Following this item, Mr. Vecchiarelli excused himself from the meeting. 2.1 Monthly Preventative Maintenance Program Report Mr. DeCriscio reported on the status of tasks in the PM Report through December 2011. He noted that all work tasks are on target, with the exception of Sewer Televising. Regarding this latter task, mechanical problems with equipment have been addressed and more televising is being completed. It was noted that the televising work is delayed at times, if the televising identifies sewer lines in need of immediate repair work. 2.2. Monthly Groundwater Production and Purchased Import Water Report Mr. DeCriscio reported that water demand for December 2011 was close to the amount projected (2.5% below budget projections) due to the warm, dry weather. For the first six months of FY 2011-12, the cumulative demand is 7.6% under that projected. He also noted that we have been taking more import water and less groundwater than normal, in order to purchase more of the annual import water volume we use on an annual basis, ahead of the MWD price increase n January 2012. We will increase our groundwater use (and decrease import water use) so that we achieve 1 our BPP goal of 48.1% by the end of the FY. Mr. DeCriscio also reported that our efforts are essentially complete in preparation for the planned MWD shutdown of the Diemer Plant from January 8t" to the 15t". Our reservoirs will be full (approximately 50 million gallons) and all of our wells are operational (approximately 18 mgd capacity). We anticipate no problem meeting our daily system demand, which is expected to be in the range of 15 mgd. 2.3. Groundwater Producers Meeting Report Mr. Conklin reported on the items discussed at the December 14, 2011 meeting. 2.5. Status Report on Capital Projects in Progress Mr. Conklin reported on the status of capital projects in planning, design and construction. Regarding the OCTA's Lakeview Grade Separation Project, he noted that the next meeting with OCTA to discuss cost-sharing issues has been rescheduled to January 11. The Committee asked that he provide a report to the Board on January 12 on the outcome of that meeting. Mr. Conklin also reported that we are continuing to look at alternatives with OCWD staff for a well site on OCWD property along La Palma Avenue near Van Buren. 2.6. Status of Strategic Plan Initiatives Mr. Conklin reported on the status of strategic planning objectives related to engineering and construction. 2.7. Future Agenda Items and Staff Tasks Mr. Conklin reported that, following the discussion with the Board on December 22 on the subject of the planned closure of Highland access roadway across District property, staff continued with preparations. Staff is advising concerned residents that if they wish to voice their concerns, they are invited to attend the January 12 Board meeting, after which we plan to close the gate across the roadway. The Committee concurred with this approach. Concerning future agenda items, the Committee asked if the future projects discussed as part of the Project Recap and Forward Planning will be included in the January 16 Board Workshop on the Budget. Mr. Conklin confirmed that they will be part of the workshop and discussion. 3. ADJOURNMENT 3.1. The meeting adjourned at 5:25 p.m. The next meeting of the Planning- Engineering-Operations Committee will be held February 2, 2012 at 4:00 p.m. 2 ITEM NO. 12.5 AGENDA REPORT Meeting Date: January 26, 2012 Subject: Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of meeting held January 9, 2012 at 4:00 p.m. Minutes of meeting held January 19, 2012 at 4:00 p.m. (To be provided at the next Board meeting.) • Meeting scheduled February 6, 2012 at 4:00 p.m. ATTACHMENTS: Name: Description: 1 ype: 010912 PACT - Minutes.docx PACT Mtg Minutes 01/09/12 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC AFFAIRS-COMMUNICATIONS-TECHNOLOGY COMMITTEE MEETING January 9, 2012 A meeting of the Public Affairs-Communications-Technology Committee was called to order by Director Melton 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 Gary T. Melton, Chair Ken Vecchiarelli, General Manager Director Michael J. Beverage Art Vega, Interim IT Manager Damon Micalizzi, PI Officer 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Committee Activities Review and Future Objectives Mr. Micalizzi summarized a list of significant items the Committee reviewed and recommended action on within the past calendar year including: District Participation in 2011 Water Education Festival; Audio & Video Taping of District Meetings; Joint Use of District Reservoirs; and enhancing outreach and Water Education in District Elementary Schools. Many of these items will be revisited by the Committee for future consideration and or budgetary needs. In addition, the Committee will be looking at several items for the Calendar year including the District's New Website, a History of YLWD Video and Possible Kiosk Display, and YLWD Rebate Program. 2.2. Dynamics GP Consultant Status (Verbal Report) Mr. Vega informed the Committee that the District had received a Training Agenda from Tom Santorro. Once feedback is given from staff to Tom from NeuLogics and adjustments made to the Training Agenda, then further action will be taken. 2.3. Computerized Maintenance and Management System Project Status Mr. Vega updated the Committee on the status of CMMS. IT and Operations staff met on Dec. 14 to discuss current issues. Two additional notebooks have arrived and are currently being setup by IT staff for CMMS. Mr. Vega reviewed and the Committee discussed the projected cost estimate for the CMMS project. Mr. Vega inquired if it was the desire of the committee to include the prior months projected cost estimate. Mr. Melton replied that yes it would be helpful. 1 2.4. Review of New District Signage The Committee discussed and agreed that the new signs replacing the conservation signs throughout the District are both difficult to read and in need of a change. Furthermore, the Committee discussed the amount of time it took the vendor to replace complete the job. Staff was tasked with creating one new sign to be presented to the Committee on January 19th that will replace all of the signs and to arrange with the vendor so that the new signs are put up as soon as possible. 2.5. 2012 Children's Water Education Festival Mr. Micalizzi updated the Committee on staff's initial plan for this year's presentation at the 2012 Children's Water Education Festival to be held at the Nixon Library on March 28-29th. This year the YLWD team plans to educate students about water quality. Mr. Melton inquired as to the status of some promotional items that were approved for purchase by the Committee, Mr. Micalizzi explained that those items were yet to be purchased due to a need for additional photos and graphics for the design. Designs for these display items will also be presented to the Committee at the January 19th meeting. 2.6. Public Outreach Activities The Committee reviewed the District's recent water donations and public outreach activities. 2.7. Status of Strategic Plan Initiatives The Committee reviewed the updates on Strategic Plan Initiatives noting that the EPIC Committee was set to meet on January 17th. The Committee also asked about the status of the recruitment of two Public Affairs intern positions. 2.8. Future Agenda Items and Staff Tasks Mr. Beverage mentioned that the Holiday Newsletter did not arrive to his home until just before the New Year and suggested at deadline calendar for such projects so to ensure that such publications get delivered on schedule. 3. ADJOURNMENT 3.1. The meeting was adjourned at 5:37 p.m. The next meeting of the Public Affairs-Communications-Technology Committee will be held January 19, 2012 at 4:00 p.m. 2 ITEM NO. 14.1 AGENDA REPORT Meeting Date: January 26, 2012 Subject: Meetings from January 27, 2012 - February 29, 2012 ATTACHMENTS: BOD - Activities Calendara.pdf BOD Activity Calendar Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: January 2012 District Offices Closed Fri, Jan 27 7:OOAM February 2012 MWDOCIMWD Workshop Wed, Feb 1 8:30AM Melton/Staff OCWD Board Wed, Feb 1 5:30PM Kiley/Staff Planning-Engineering-Operations Committee Meeting Thu, Feb 2 4:OOPM Collett/Kiley MWDOC Water Policy Forum & Dinner Thu, Feb 2 6:OOPM District Offices Closed Fri, Feb 3 7:OOAM WACO Fri, Feb 3 7:30AM Hawkins Pub Affairs-Communications-Tech Committee Meeting Mon, Feb 6 4:00PM Melton/Beverage Yorba Linda City Council Tue, Feb 7 6:30PM Hawkins Exec-Admin-Organizational Committee Meeting Wed, Feb 8 4:OOPM Hawkins/Melton Yorba Linda Planning Commission Wed, Feb 8 7:OOPM Kiley Board of Directors Regular Meeting Thu, Feb 9 8:30AM District Offices Closed Fri, Feb 10 7:OOAM Personnel-Risk Management Committee Meeting Tue, Feb 14 4:OOPM Beverage/Collett MWDOC Board Wed, Feb 15 8:30AM Melton/Staff OCWD Board Wed, Feb 15 5:30PM Kiley/Staff AB1234 Training Thu, Feb 16 9:OOAM Hawkins/Beverage District Offices Closed Fri, Feb 17 7:OOAM District Offices Closed Mon, Feb 20 7:OOAM Yorba Linda City Council Tue, Feb 21 6:30PM Melton Yorba Linda Planning Commission Wed, Feb 22 7:OOPM Collett Board of Directors Regular Meeting Thu, Feb 23 8:30AM District Offices Closed Fri, Feb 24 7:OOAM Citizens Advisory Committee Meeting Mon, Feb 27 8:30AM Beverage Finance-Accounting Committee Meeting Mon, Feb 27 4:OOPM Kiley/Hawkins 1/19/2012 10 37 44 AM ITEM NO. 15.1 AGENDA REPORT Meeting Date: January 26, 2012 Subject: MWDOC Water Policy Forum & Dinner - February 2, 2012 STAFF RECOMMENDATION: That the Board of Directors authorize Director attendance at this event if desired. ATTACHMENTS: Name: Description: Type: MWDOC Water Policy Foruma.pdf Event Flyer Backup Material Approved by the Board of Directors of the Yorba Linda Water District 1/26/2012 MB/RC 5-0 MUNICIPAL wATE R DISTRICT OF ORANGE COUNTY . r r ~ I It is with great pleasure that we invite you to attend our first Water Policy Forum & Dinner of 2012. The event will take . c . • • , r place on Thursday, February 2, 2012 at the Westin South Coast r r Plaza Hotel in Costa Mesa. We are pleased to welcome as our guest speaker, Pat Mulroy, General Manager of the Southern Nevada Water Authority. Ms. Mulroy's presentation, The Colorado River: A Shared _ I r Perspective, will focus on her unique perspective and demonstrated success in addressing Colorado River water issues, water use efficiency, and water supply management challenges. f Registration for this event is $75 per person, which includes the pre-dinner reception (cash bar), three-course dinner (choice of entree), and self-parking. Online registration and payment are available through the link above. ' Please register no later than Friday, January 27, 2012, to - + - • ensure that you receive your requested entree. Cancellations • - " • " made after this date and event "no-shows" will be charged. We look forward to seeing you at the Water Policy Forum & Dinner on Thursday, February 2, 2012. Sincerely, Joan C. Finnegan Board President Municipal Water District of Orange County (714) 963-3058